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City Council

Regular Meeting

Commerce City, CO · July 6, 2020

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7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, July 6, 2020 6:00 PMThis meeting will be conducted electronically via Zoom. There will be no physical meeting. Public access to this meeting can be found in the agenda below. The meeting will also be live on Channel 8 and c3gov.com/video Regular Meeting via Zoom Per Ordinance 2271 the City Manager is authorized to conduct this meeting via Zoom 1. Call to Order/Roll Call A regular meeting of the City Council of the City of Commerce City was called to order by Mayor Huseman on July 6, 2020, at 6:00 PM. A motion was made by Council Member Noble, seconded by Council Member Hurst, to excuse Council Member Guardiola from the meeting. VOTE 8 - Aye, 1 - Excused (Guardiola) Present: 8 - Mayor Benjamin Huseman, Mayor Pro Tem Nicole Frank, Council Member Oscar Madera, Council Member Jennifer Allen-Thomas, Council Member Susan Noble, Council Member Craig Hurst, Council Member Meghan Grimes and Council Member Robyn Smith Excused: 1 - Council Member Jose Guardiola 2. Citizen Communication 20-45 Citizen Communication - City Council will conduct this meeting virtually via Zoom as the Civic Center remains closed out of precaution for COVID-19. There will be the opportunity for public comment at the meeting during citizen communication and/or for each agenda item. Comments may be consolidated under the Citizen Comment part of the meeting. The public can submit their comments live during the meeting via Zoom or in advance using the online form or mail. Visit c3gov.com/council and click on “Meeting agendas” for the full meeting agenda and instructions on how to submit comments. The deadline to register to comment and to submit written comments is noon on July 6. Steve Douglas spoke on oil and gas development in the city, requested council pass an ordinance requiring face masks in public, resolution 2020-49, ordinance 2268, and ordinance 2284. Ronna Sanchez spoke on the previously approved city manager's resignation agreement, the interim city manager agreement, and oil and gas development in the city. Commerce City Page 1 City Council Meeting Minutes - Final July 6, 2020 3. Presentations Pres 20-230 COVID-19 Update Deputy City Managers Tinklenberg and Smith, City Attorney Sheesley, and Chief Nichols provided an update on the City's response to the COVID-19 crisis. Pres 20-76 Oil and Gas Monthly Update Domenic Martinelli, Environmental Planner, presented the oil and gas monthly update. 4. Consent Agenda Council Member Noble requested to pull Resolution 2020-42 from the consent agenda. A motion was made by Council Member Madera, seconded by Council Member Hurst, to approve the consent agenda as amended. ROLL CALL VOTE: Aye: 8- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Allen-Thomas, Council Member Noble, Council Member Hurst, Council Member Grimes and Council Member Smith Excused: 1- Council Member Guardiola Min 20-96 Minutes of May 18, 2020 Min 20-97 Minutes of June 1, 2020 Min 20-98 Minutes of June 15, 2020 Min 20-99 Minutes of the June 22, 2020 Special Meeting Min 20-100 Minutes of the June 29, 2020 Special Meeting Res 2020-42 RESOLUTION AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE AUTHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF THE CITY OF COMMERCE CITY PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT Council Member Noble requested to pull Resolution 2020-42 to ask staff why some funds were being returned to Colorado Housing And Finance Authority. A motion was made by Council Member Madera, seconded by Council Member Allen-Thomas, that this resolution be adopted. VOTE: Aye: 8- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Allen-Thomas, Council Member Noble, Council Member Hurst, Council Member Grimes and Council Member Smith Commerce City Page 2 City Council Meeting Minutes - Final July 6, 2020 Excused: 1- Council Member Guardiola Res 2020-45 RESOLUTION AUTHORIZING EXECUTION OF INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION REGARDING THE POTOMAC STREET OVER O’BRIEN CANAL BRIDGE REPLACEMENT PROJECT Res 2020-46 RESOLUTION AUTHORIZING EXECUTION OF INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF COMMERCE CITY AND THE COLORADO DEPARTMENT OF TRANSPORTATION REGARDING THE 112TH AVENUE OVER FULTON DITCH BRIDGE REPLACEMENT PROJECT Res 2020-47 RESOLUTION AUTHORIZING INCLUSION OF CITY PROPERTY INTO THE SOUTH ADAMS COUNTY WATER AND SANITATION DISTRICT AND RELATED ACTIONS Res 2020-48 RESOLUTION APPROVING TRANSFER OF PROPERTY BY SPECIAL WARRANTY DEED PURSUANT TO JULY 2000 DEVELOPMENT AGREEMENT Z-204-79-15-20 AN ORDINANCE AMENDING ORDINANCE Z-204-79-15 TO REZONE 0.50 ACRES FROM I-2 TO PUBLIC FOR THE PROPERTY LOCATED AT APPROXIMATELY 8600 ROSEMARY STREET AND TRACT A OF INSTEL STEEL WEST SUBDIVISION COMMERCE CITY, COLORADO AND AMENDING THE ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO TO REFLECT SAID REZONING. 5. Resolutions Res 2020-49 RESOLUTION APPOINTING ROGER TINKLENBERG AS INTERIM CITY MANAGER AND APPROVING EMPLOYMENT AGREEMENT A motion was made by Council Member Hurst, seconded by Council Member Grimes, that this resolution be adopted. VOTE: Aye: 8- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Allen-Thomas, Council Member Noble, Council Member Hurst, Council Member Grimes and Council Member Smith Excused: 1- Council Member Guardiola 6. Ordinances on 1st Reading Commerce City Page 3 City Council Meeting Minutes - Final July 6, 2020 Ord 2268 AN ORDINANCE AMENDING SECTIONS 3-2304 AND 6-2012, CONSOLIDATING SECTIONS 6-2012 AND 6-2013, AND REPEALING AND SAVING SECTION 6-2013 OF THE COMMERCE CITY REVISED MUNICIPAL CODE TO MODIFY RESPONSIBILITIES AND STANDARDS FOR THE MAINTENANCE OF WEEDS AND GRASSES AND INCREASING PENALTIES FOR NONCOMPLIANCE A motion was made by Council Member Grimes, seconded by Council Member Noble, that this ordinance be continued and direct staff to conduct a study session with the council with the proposed ordinance changes prior to the ordinance being considered by council. VOTE: Aye: 7- Mayor Huseman, Mayor Pro Tem Frank, Council Member Allen-Thomas, Council Member Noble, Council Member Hurst, Council Member Grimes and Council Member Smith Nay: 1- Council Member Madera Excused: 1- Council Member Guardiola Ord 2284 AN ORDINANCE AMENDING THE 2020 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY TRANSFERRING $203,500 FROM THE LOTTERY FUND TO THE CIPP FUND FOR COSTS ASSOCIATED WITH THE ADAMS COUNTY SCHOOL DISTRICT 14 (ACSD14) ELEMENTARY GYMNASIUM IMPROVEMENTS AND AUTHORIZATION OF THE EXPENDITURE THEREOF. A motion was made by Council Member Grimes, seconded by Council Member Madera, that this ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 8- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Allen-Thomas, Council Member Noble, Council Member Hurst, Council Member Grimes and Council Member Smith Excused: 1- Council Member Guardiola 7. Administrative Council Business City Attorney Sheesley provided an updated on the City Manager recruitment process. A motion was made by Council Member Hurst, seconded by Council Member Grimes, to schedule special study session meetings for July 21 and July 23 for the purpose of council providing further input on the oil and gas land development code draft ordinance. VOTE: 8 - Aye, 1 - Excused (Guardiola) 8. Council Reports Deputy City Manager Tinklenberg highlighted items presented in his weekly report provided to council earlier. The mayor and council reported on their attendance at various meetings and events. Commerce City Page 4 City Council Meeting Minutes - Final July 6, 2020 9. Adjourn The meeting adjourned at 9:14 p.m. In accord with the city charter, the city clerk read the title to all ordinances and resolutions adopted by Council at this meeting. Respectfully submitted by: __________________________ Dylan A. Gibson, Interim City Clerk Commerce City Page 5

Agenda

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Agenda - Final-revised City Council Monday, July 6, 2020 6:00 PM This meeting will be conducted electronically via Zoom. There will be no physical meeting. Public access to this meeting can be found in the agenda below. The meeting will also be live on Channel 8 and c3gov.com/video Regular Meeting via Zoom Per Ordinance 2271 the City Manager is authorized to conduct this meeting via Zoom 1. Call to Order/Roll Call - 6:00 PM Times given are estimates only. 2. Citizen Communication 20-45 Citizen Communication - City Council will conduct this meeting virtually via Zoom as the Civic Center remains closed out of precaution for COVID-19. There will be the opportunity for public comment at the meeting during citizen communication and/or for each agenda item. Comments may be consolidated under the Citizen Comment part of the meeting. The public can submit their comments live during the meeting via Zoom or in advance using the online form or mail. Visit c3gov.com/council and click on “Meeting agendas” for the full meeting agenda and instructions on how to submit comments. The deadline to register to comment and to submit written comments is noon on July 6. 3. Presentations - 7:00 PM Pres 20-230 COVID-19 Update Pres 20-76 Oil and Gas Monthly Update Attachments: Presentation July 2020 Suncor Report Suncor Self-Reported Exceedances June 2020 4. Consent Agenda - 7:45 PM Min 20-96 Minutes of May 18, 2020 Attachments: Minutes Commerce City Page 1 Printed on 7/2/2020 City Council Meeting Agenda - Final-revised July 6, 2020 Min 20-97 Minutes of June 1, 2020 Attachments: Minutes Min 20-98 Minutes of June 15, 2020 Attachments: Minutes Min 20-99 Minutes of the June 22, 2020 Special Meeting Attachments: Minutes Min 20-100 Minutes of the June 29, 2020 Special Meeting Attachments: Minutes Res 2020-42 RESOLUTION AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE AUTHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF THE CITY OF COMMERCE CITY PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT Attachments: Resolution 2020 Assignment of Allocation Res 2020-45 RESOLUTION AUTHORIZING EXECUTION OF INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION REGARDING THE POTOMAC STREET OVER O’BRIEN CANAL BRIDGE REPLACEMENT PROJECT Attachments: Resolution IGA Staff Memo Res 2020-46 RESOLUTION AUTHORIZING EXECUTION OF INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF COMMERCE CITY AND THE COLORADO DEPARTMENT OF TRANSPORTATION REGARDING THE 112TH AVENUE OVER FULTON DITCH BRIDGE REPLACEMENT PROJECT Attachments: Resolution IGA Staff Memo Res 2020-47 Resolution Authorizing Inclusion of Property in the South Adams County Water and Sanitation District and Related Actions Attachments: Resolution 2020-47 Exhibit A - Petition for Inclusion Exhibit B - Agreement for Inclusion Exhibit C - Conveyance of Groundwater Rights Commerce City Page 2 Printed on 7/2/2020 City Council Meeting Agenda - Final-revised July 6, 2020 Res 2020-48 RESOLUTION APPROVING TRANSFER OF PROPERTY BY SPECIAL WARRANTY DEED PURSUANT TO JULY 2000 DEVELOPMENT AGREEMENT Attachments: Resolution Presentation Z-204-79-15- AN ORDINANCE AMENDING ORDINANCE Z-204-79-15 TO REZONE 20 0.50 ACRES FROM I-2 TO PUBLIC FOR THE PROPERTY LOCATED AT APPROXIMATELY 8600 ROSEMARY STREET AND TRACT A OF INSTEL STEEL WEST SUBDIVISION COMMERCE CITY, COLORADO AND AMENDING THE ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO TO REFLECT SAID REZONING. Attachments: Ordinance Vicinity map Staff Report Planning Commission Minutes of May 12, 2020 Written Narrative Draft Site Plan Draft Subdivision Plat Presentation 5. Resolutions Res 2020-49 RESOLUTION APPOINTING ROGER TINKLENBERG AS INTERIM CITY MANAGER AND APPROVING EMPLOYMENT AGREEMENT Attachments: Resolution Exhibit A - Interim City Manager Employment Agreement 6. Ordinances on 1st Reading - 7:50 PM Commerce City Page 3 Printed on 7/2/2020 City Council Meeting Agenda - Final-revised July 6, 2020 Ord 2268 AN ORDINANCE AMENDING SECTIONS 3-2304 AND 6-2012, CONSOLIDATING SECTIONS 6-2012 AND 6-2013, AND REPEALING AND SAVING SECTION 6-2013 OF THE COMMERCE CITY REVISED MUNICIPAL CODE TO MODIFY RESPONSIBILITIES AND STANDARDS FOR THE MAINTENANCE OF WEEDS AND GRASSES AND INCREASING PENALTIES FOR NONCOMPLIANCE Attachments: Ordinance Exhibit A - Sec. 3-2304 Penalties - Redline Revised Sec. 3-2304 Penalties Exhibit B - Sec. 6-2012 Weeds and Vegetation - Redline Revised Sec. 6-2012 Weeds and vegetation City Noxious Weed Management Plan October 14, 2019 Study Session Presentation May 13, 2019 Study Session Presentation Large Tract Owner Response Letters Written Comments May 4, 2020 Presentation June 1, 2020 Presentation July 6, 2020 Presentation Ord 2284 AN ORDINANCE AMENDING THE 2020 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY TRANSFERRING $203,500 FROM THE LOTTERY FUND TO THE CIPP FUND FOR COSTS ASSOCIATED WITH THE ADAMS COUNTY SCHOOL DISTRICT 14 (ACSD14) ELEMENTARY GYMNASIUM IMPROVEMENTS AND AUTHORIZATION OF THE EXPENDITURE THEREOF. Attachments: Ordinance ACSD 14 Gymnasium Improvements 7. Administrative Council Business - 8:00 PM 8. Council Reports - 8:15 PM 9. Adjourn - 8:30 PM Any citizen requesting accommodations, with respect to rights under the Americans with Disabilities Act, to attend or participate in any public meeting, and/or to obtain this notice in alternate formats, is asked to please contact the City Clerk at 303-227-8791 as soon as possible before any the meeting. Commerce City Page 4 Printed on 7/2/2020

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