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City Council

Regular Meeting

Commerce City, CO · December 7, 2020

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Minutes

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, December 7, 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 2291 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 December 7, 2020, at 6:00 PM. A motion was made by Mayor Pro Tem Frank, seconded by Council Member Madera to excuse council members not present. VOTE: 7 - Aye, 2 - Excused (Allen-Thomas, Grimes) Present: 7 - Mayor Benjamin Huseman, Mayor Pro Tem Nicole Frank, Council Member Oscar Madera, Council Member Susan Noble, Council Member Jose Guardiola, Council Member Craig Hurst and Council Member Robyn Smith Excused: 2 - Council Member Jennifer Allen-Thomas and Council Member Meghan Grimes 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Citizen Communication Commerce City Page 1 City Council Meeting Minutes - Final December 7, 2020 20-107 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 "Virtual Meeting and Public Comment Instructions" for instructions on how to submit live verbal and written comments. The deadline to register to comment and to submit written comments is noon on December 7. Steve Douglas spoke on the November 16 minutes, the environmental consulting services presentation, and ordinances 2312 and 2315. Steve Strock spoke on ordinance 2312. David Phillips spoke on speed enforcement and speed bumps in their neighborhood. 4. Presentations Pres 20-489 COVID-19 Update Interim City Manager Tinklenberg and Interim Deputy City Manager Blakeman provided an update on the city's response during the COVID-19 crisis. City Attorney Sheesley gave a brief update on laws passed by the Colorado state legislature in response to COVID-19. Pres 20-294 Monthly Oil and Gas Update Domenic Martinelli, environmental planner, provided the monthly oil and gas update. Matt Sura, special counsel, gave a presentation on Colorado Oil and Gas Conservation Commission updates. Pres 20-365 Environmental Consulting Services - City Council Interviews Domenic Martinelli, environmental planner, introduced the two environmental consulting service RFP finalists. Members from each of the two finalists presented before council. 5. Consent Agenda Council Member Noble requested to remove the minutes of November 16. A motion was made by Mayor Pro Tem Frank, seconded by Council Member Hurst, to approve the consent agenda as amended. ROLL CALL VOTE: Commerce City Page 2 City Council Meeting Minutes - Final December 7, 2020 Aye: 7- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Noble, Council Member Guardiola, Council Member Hurst and Council Member Smith Excused: 2- Council Member Allen-Thomas and Council Member Grimes Min 20-186 Minutes of November 16, 2020 A motion was made by Council Member Noble, seconded by Council Member Guardiola, that the minutes be continued. VOICE VOTE: Aye: 7- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Noble, Council Member Guardiola, Council Member Hurst and Council Member Smith Excused: 2- Council Member Allen-Thomas and Council Member Grimes Res 2020-96 RESOLUTION ADOPTING THE ADAMS COUNTY HAZARD MITIGATION PLAN Res 2020-98 RESOLUTION AUTHORIZING FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT WITH MILE HIGH FLOOD DISTRICT, ADAMS COUNTY, AND THE CITY OF THORNTON REGARDING FUNDING OF A VISION STUDY AND PROJECT IMPLEMENTATION PLAN FOR SOUTH PLATTE RIVER CORRIDOR Z-896-11-12-16- AN ORDINANCE APPROVING AMENDMENT NO. 3 TO THE DIA 17-21 TECH CENTER PUD ZONE DOCUMENT TO ALLOW THE DEVIATION OF SETBACK AND FLOOR AREA RATIO STANDARDS TO BE CONSIDERED THROUGH THE MINOR MODIFICATION PROCESS FOR THE PROPERTY LOCATED SOUTH OF E. 84TH AVE, WEST OF TOWER RD, NORTH OF E. 81ST AVE AND EAST OF THE ROCKY MOUNTAIN ARSENAL NATION WILDLIFE REFUGE COMMERCE CITY, COLORADO 6. Ordinances on 1st Reading Ord 2308 AN ORDINANCE AMENDING SECTION 2-4201 OF THE COMMERCE CITY REVISED MUNICIPAL CODE RELATING TO THE AUTHORITY OF CITY PERSONNEL TO EXECUTE CONTRACTS A motion was made by Mayor Pro Tem Frank, seconded by Council Member Hurst, that this ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 7- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Noble, Council Member Guardiola, Council Member Hurst and Council Member Smith Excused: 2- Council Member Allen-Thomas and Council Member Grimes Commerce City Page 3 City Council Meeting Minutes - Final December 7, 2020 Ord 2309 AN ORDINANCE AMENDING THE 2021 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE COLORADO DEPARTMENT OF TRANSPORTATION GRANT IN THE AMOUNT OF $5,000 FOR CLICK IT OR TICKET AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF. A motion was made by Council Member Hurst, seconded by Mayor Pro Tem Frank, that this ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 7- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Noble, Council Member Guardiola, Council Member Hurst and Council Member Smith Excused: 2- Council Member Allen-Thomas and Council Member Grimes Ord 2310 AN ORDINANCE AMENDING THE 2021 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY APPROPRIATING $225,268 FROM THE GENERAL FUND TO ADDRESS HOMELESSNESS THROUGH INTERGOVERNMENTAL AND OTHER EFFORTS AND THE RECRUITMENT OF A COMMUNITY NAVIGATOR AND AUTHORIZATION OF THE EXPENDITURE THEREOF A motion was made by Mayor Pro Tem Frank, seconded by Council Member Hurst, that this ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 7- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Noble, Council Member Guardiola, Council Member Hurst and Council Member Smith Excused: 2- Council Member Allen-Thomas and Council Member Grimes Ord 2312 AN ORDINANCE AMENDING CHAPTER 4 OF THE COMMERCE CITY REVISED MUNICIPAL CODE, COMMONLY KNOWN AS THE ANIMAL CODE TO REMOVE BREED SPECIFIC REGULATIONS AND ADDRESS DANGEROUS AND VICIOUS ANIMALS, TO AMEND ANIMAL DISTURBANCE REGULATIONS, TO AMEND PROCEDURES RELATING TO ANIMAL IMPOUNDMENT AND DISPOSITION, AND TO AMEND OTHER PROVISIONS RELATING TO THE REGULATION OF ANIMALS IN THE CITY OF COMMERCE CITY City Attorney Sheesley presented on the proposed ordinance. A motion was made by Council Member Madera, seconded by Mayor Pro Tem Frank, that this ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 6- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Guardiola, Council Member Hurst and Council Member Smith Nay: 1- Council Member Noble Excused: 2- Council Member Allen-Thomas and Council Member Grimes Commerce City Page 4 City Council Meeting Minutes - Final December 7, 2020 Ord 2313 AN ORDINANCE AMENDING THE 2021 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY TRANSFERRING $1,259,000 FROM THE GENERAL FUND TO THE CIPP FUND FOR COSTS ASSOCIATED WITH THE SOUTH PLATTE CROSSING BUILDING PURCHASE AND REMODELING PROJECT AND AUTHORIZATION OF THE EXPENDITURE THEREOF. John Bourjaily, management analyst, presented on the proposed ordinance. A motion was made by Council Member Hurst, seconded by Council Member Madera, that this ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 4- Mayor Huseman, Council Member Madera, Council Member Hurst and Council Member Smith Nay: 2- Council Member Noble and Council Member Guardiola Excused: 3- Mayor Pro Tem Frank, Council Member Allen-Thomas and Council Member Grimes Ord 2315 AN ORDINANCE AMENDING THE COMMERCE CITY REVISED MUNICIPAL CODE AND FURTHER AMENDING THE MODEL TRAFFIC CODE TO REGULATE THE PARKING OF VEHICLES IN RESIDENTIAL AREAS AND ABANDONMENT AND TOWING OF VEHICLES A motion was made by Mayor Huseman, seconded by Council Member Hurst, to amend the ordinance to maintain the five-hour limit for parking in front of another individuals residence. VOTE: 6 - Aye, 3 - Excused (Allen-Thomas, Frank, Grimes) A motion was made by Council Member Noble, seconded by Council Member Madera, that this ordinance be introduced by council as seated and approved on first reading as amended. VOTE: Aye: 6- Mayor Huseman, Council Member Madera, Council Member Noble, Council Member Guardiola, Council Member Hurst and Council Member Smith Excused: 3- Mayor Pro Tem Frank, Council Member Allen-Thomas and Council Member Grimes 7. Administrative Council Business A motion was made by Mayor Huseman, seconded by Council Member Madera, to direct staff to conduct a study session item on the city's traffic calming process. VOTE: 6 - Aye, 3 - Excused (Allen-Thomas, Frank, Grimes) A motion was made by Mayor Huseman, seconded by Council Member Guardiola, to direct staff to draft a letter from council and affix the Mayor's signature to said letter in support of a grant application by Kids First. VOTE: 6 - Aye, 3 - Excused (Allen-Thomas, Frank, Grimes) Commerce City Page 5 City Council Meeting Minutes - Final December 7, 2020 8. Council Reports Interim 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. 9. Adjourn The meeting adjourned at 9:57 PM. In accord with the city charter, the city clerk read the title to all ordinances and resolutions adopted by Council at this meeting. ____________________________ Jordan D. Roberts, Deputy City Clerk Commerce City Page 6

Agenda

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Agenda - Final City Council Monday, December 7, 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 2291 the City Manager is authorized to conduct this meeting via Zoom 1. Call to Order/Roll Call Zoom registration: https://c3gov.zoom.us/webinar/register/WN_N-Rr-iQVT4-dzgyVTCA0bg 2. Pledge of Allegiance 3. Citizen Communication 20-107 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 "Virtual Meeting and Public Comment Instructions" for instructions on how to submit live verbal and written comments. The deadline to register to comment and to submit written comments is noon on December 7. 4. Presentations Pres 20-489 COVID-19 Update Pres 20-294 Monthly Oil and Gas Update Attachments: Presentation Suncor Monthly Update December Matt Sura Presentation Commerce City Page 1 Printed on 12/8/2020 City Council Meeting Agenda - Final December 7, 2020 Pres 20-365 Environmental Consulting Services - City Council Interviews Attachments: Lotus Presentation Lotus RFP Response Spirit Presentation Spirit RFP Response Environmental Consulting Services RFP Final 5. Consent Agenda Min 20-186 Minutes of November 16, 2020 Attachments: Minutes Res 2020-96 RESOLUTION ADOPTING THE ADAMS COUNTY HAZARD MITIGATION PLAN Attachments: Resolution Adams County Hazard Mitigation Plan Res 2020-98 RESOLUTION AUTHORIZING FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT WITH MILE HIGH FLOOD DISTRICT, ADAMS COUNTY, AND THE CITY OF THORNTON REGARDING FUNDING OF A VISION STUDY AND PROJECT IMPLEMENTATION PLAN FOR SOUTH PLATTE RIVER CORRIDOR Attachments: Resolution IGA 19-06.08 ORIGINAL ADAMS COUNTY IGA 190608A version 10 19 2020 Z-896-11-12- AN ORDINANCE APPROVING AMENDMENT NO. 3 TO THE DIA TECH 16-17-21 CENTER PUD ZONE DOCUMENT TO ALLOW THE DEVIATION OF SETBACK AND FLOOR AREA RATIO STANDARDS TO BE CONSIDERED THROUGH THE MINOR MODIFICATION PROCESS FOR THE PROPERTY LOCATED SOUTH OF E. 84TH AVE, WEST OF TOWER RD, NORTH OF E. 81ST AVE AND EAST OF THE ROCKY MOUNTAIN ARSENAL NATION WILDLIFE REFUGE COMMERCE CITY, COLORADO Attachments: Ordinance Staff Report V-map Exhibit A - Property Owners Exhibit B - DIA Tech Center PUD Amendment 3 November 23, 2020 Planning Commission Draft Minutes Presentation Commerce City Page 2 Printed on 12/8/2020 City Council Meeting Agenda - Final December 7, 2020 6. Ordinances on 1st Reading Ord 2308 AN ORDINANCE AMENDING SECTION 2-4201 OF THE COMMERCE CITY REVISED MUNICIPAL CODE RELATING TO THE AUTHORITY OF CITY PERSONNEL TO EXECUTE CONTRACTS Attachments: Ordinance Presentation Ord 2309 AN ORDINANCE AMENDING THE 2021 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE COLORADO DEPARTMENT OF TRANSPORTATION GRANT IN THE AMOUNT OF $5,000 FOR CLICK IT OR TICKET AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF. Attachments: Ordinance Ord 2310 AN ORDINANCE AMENDING THE 2021 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY APPROPRIATING $225,268 FROM THE GENERAL FUND TO ADDRESS HOMELESSNESS THROUGH INTERGOVERNMENTAL AND OTHER EFFORTS AND THE RECRUITMENT OF A COMMUNITY NAVIGATOR AND AUTHORIZATION OF THE EXPENDITURE THEREOF Attachments: Ordinance Presentation Ord 2312 AN ORDINANCE AMENDING CHAPTER 4 OF THE COMMERCE CITY REVISED MUNICIPAL CODE, COMMONLY KNOWN AS THE ANIMAL CODE TO REMOVE BREED SPECIFIC REGULATIONS AND ADDRESS DANGEROUS AND VICIOUS ANIMALS, TO AMEND ANIMAL DISTURBANCE REGULATIONS, TO AMEND PROCEDURES RELATING TO ANIMAL IMPOUNDMENT AND DISPOSITION, AND TO AMEND OTHER PROVISIONS RELATING TO THE REGULATION OF ANIMALS IN THE CITY OF COMMERCE CITY Attachments: Ordinance Presentation Presentation 20-278 (9.21.20) Presentation 20-19 (1.6.20) Presentation 19-310 (8.12.19) Commerce City Page 3 Printed on 12/8/2020 City Council Meeting Agenda - Final December 7, 2020 Ord 2313 AN ORDINANCE AMENDING THE 2021 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY TRANSFERRING $1,259,000 FROM THE GENERAL FUND TO THE CIPP FUND FOR COSTS ASSOCIATED WITH THE SOUTH PLATTE CROSSING BUILDING PURCHASE AND REMODELING PROJECT AND AUTHORIZATION OF THE EXPENDITURE THEREOF. Attachments: Ordinance Presentation Council Communication Ord 2315 AN ORDINANCE AMENDING THE COMMERCE CITY REVISED MUNICIPAL CODE AND FURTHER AMENDING THE MODEL TRAFFIC CODE TO REGULATE THE PARKING OF VEHICLES IN RESIDENTIAL AREAS AND ABANDONMENT AND TOWING OF VEHICLES Attachments: Ordinance Presentation 7. Administrative Council Business 8. Council Reports 9. Adjourn 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 12/8/2020

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