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City Council

Regular Meeting

Commerce City, CO · April 19, 2021

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Minutes

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, April 19, 2021 7:50 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 April 19, 2021, at 8:00 PM. Present: 9 - Mayor Benjamin Huseman, Mayor Pro Tem Nicole Frank, Council Member Oscar Madera, Council Member Jennifer Allen-Thomas, Council Member Susan Noble, Council Member Jose Guardiola, Council Member Craig Hurst, Council Member Meghan Grimes and Council Member Robyn Smith 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Citizen Communication 21-58 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 April 19. David Bondarchuck spoke on Ordinance 2318. 4. Proclamations and Recognitions Commerce City Page 1 City Council Meeting Minutes - Final April 19, 2021 Proc 21-03 Proclamation Declaring April 2021 as Sexual Assault Awareness Month in Commerce City A motion was made by Mayor Pro Tem Frank, seconded by Council Member Allen-Thomas, that this proclamation be approved. Aye: 9- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Allen-Thomas, Council Member Noble, Council Member Guardiola, Council Member Hurst, Council Member Grimes and Council Member Smith Proc 21-04 Proclamation Declaring April 18-24, 2021 as National Crime Victims Rights Week in Commerce City A motion was made by Mayor Pro Tem Frank, seconded by Council Member Noble, that this proclamation be approved. Aye: 9- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Allen-Thomas, Council Member Noble, Council Member Guardiola, Council Member Hurst, Council Member Grimes and Council Member Smith Proc 21-05 Proclamation Declaring April 2021 as Child Abuse Prevention Month in Commerce City A motion was made by Council Member Allen-Thomas, seconded by Council Member Noble, that this proclamation be approved. Aye: 9- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Allen-Thomas, Council Member Noble, Council Member Guardiola, Council Member Hurst, Council Member Grimes and Council Member Smith 5. Presentations Pres 21-250 COVID-19 Update Interim City Manager Tinklenberg provided council an update on the city's response to the COVID-19 pandemic. 6. Consent Agenda A motion was made by Council Member Allen-Thomas, seconded by Mayor Pro Tem Frank, to approve the consent agenda as presented. ROLL CALL VOTE: Aye: 9- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Allen-Thomas, Council Member Noble, Council Member Guardiola, Council Member Hurst, Council Member Grimes and Council Member Smith Commerce City Page 2 City Council Meeting Minutes - Final April 19, 2021 Min 21-76 Minutes of April 5, 2021 Ord 2323 AN ORDINANCE AMENDING THE 2021 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE ADAMS COUNTY OPEN SPACE GRANT FUNDS IN THE AMOUNT OF $92,500 FOR THE TURNBERRY PARK SKATE SPOT PROJECT AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF. Ord 2324 AN ORDINANCE AMENDING THE 2021 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY APPROPRIATING $301,900 FROM THE GENERAL FUND TO COVER EXPENSES RELATED TO THE ENVIRONMENTAL CONSULTING SERVICES CONTRACT AND AUTHORIZATION OF THE EXPENDITURE THEREOF. 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 Res 2021-29 A RESOLUTION AMENDING COUNCIL POLICIES RELATING TO MEETING PROCEDURES AND COUNCIL CONDUCT AND TRAVEL Res 2021-30 RESOLUTION APPOINTING MEMBERS TO DESIGNATED BOARDS AND COMMISSIONS OF COMMERCE CITY Res 2021-32 RESOLUTION RENAMING THE COMMERCE CITY DIVERSITY AND INCLUSION COMMISSION AS THE COMMERCE CITY DIVERSITY, EQUITY AND INCLUSION COMMISSION 7. Resolutions Res 2021-21 A RESOLUTION AUTHORIZING NEGOTIATION FOR AND PURCHASE OF CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR THE ROSEMARY STREET WIDENING PROJECT A motion was made by Council Member Grimes, seconded by Mayor Pro Tem Frank, that this resolution be adopted. Aye: 9- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Allen-Thomas, Council Member Noble, Council Member Guardiola, Council Member Hurst, Council Member Grimes and Council Member Smith Commerce City Page 3 City Council Meeting Minutes - Final April 19, 2021 Res 2021-31 A RESOLUTION GRANTING WAIVER OF SERVICE PLAN REQUIREMENT RELATING TO DEBT ISSUANCE FOR LEGATO METROPOLITAN DISTRICT NOS. 1-7 City Attorney Sheesley recommend Council amend the resolution to amend the waiver to require submission of bond counsel opinion prior to the debt issuance. Council Member Grimes and Council Member Madera accepted the City Attorney's suggested amendment. A motion was made by Council Member Grimes, seconded by Council Member Madera, that this resolution be amended. VOICE VOTE: Aye: 9- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Allen-Thomas, Council Member Noble, Council Member Guardiola, Council Member Hurst, Council Member Grimes and Council Member Smith 8. Administrative Council Business 21-57 Extension of Tolling Agreement A motion was made by Mayor Pro Tem Frank, seconded by Council Member Madera, to authorize the City Attorney to execute a six-month extension of the Tolling Agreement as included in the packet. VOTE: 9 - Aye 9. 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. 10. Executive Session 21-56 An executive session regarding the City Manager recruitment pursuant to C.R.S. 24-6-402(4)(e and f) for the purposes of discussing personnel matters relating to the interim city manager and determining negotiation positions and instructing negotiators on matters that may be subject to negotiations concerning the contract for the City Manager. A motion was made by Council Member Grimes, seconded by Mayor Pro Tem Frank, to enter into an executive session regarding the City Manager recruitment pursuant to C.R.S. 24-6-402(4)(e and f) for the purposes of discussing personnel matters relating to the interim city manager and determining negotiation positions and instructing negotiators on matters that may be subject to negotiations concerning the contract for the City Manager. Aye: 9- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Allen-Thomas, Council Member Noble, Council Member Guardiola, Council Member Hurst, Council Member Grimes and Council Member Smith Commerce City Page 4 City Council Meeting Minutes - Final April 19, 2021 11. Adjourn The meeting adjourned at 10:02 PM. _____________________________ Jordan D. Roberts, Deputy City Clerk Commerce City Page 5

Agenda

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Agenda - Final City Council Monday, April 19, 2021 7:50 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 - 7:50 PM Zoom registration: https://c3gov.zoom.us/webinar/register/WN_ih5c95vCTVay7dm8e9BV2A 2. Pledge of Allegiance 3. Citizen Communication 21-58 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 April 19. 4. Proclamations and Recognitions - 8:20 PM Proc 21-03 Proclamation Declaring April 2021 as Sexual Assault Awareness Month in Commerce City Attachments: Proclamation Proc 21-04 Proclamation Declaring April 18-24, 2021 as National Crime Victims Rights Week in Commerce City Attachments: Proclamation Commerce City Page 1 Printed on 4/15/2021 City Council Meeting Agenda - Final April 19, 2021 Proc 21-05 Proclamation Declaring April 2021 as Child Abuse Prevention Month in Commerce City Attachments: Proclamation 5. Presentations - 8:35 PM Pres 21-250 COVID-19 Update 6. Consent Agenda - 8:50 PM Min 21-76 Minutes of April 5, 2021 Attachments: Minutes Ord 2323 AN ORDINANCE AMENDING THE 2021 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE ADAMS COUNTY OPEN SPACE GRANT FUNDS IN THE AMOUNT OF $92,500 FOR THE TURNBERRY PARK SKATE SPOT PROJECT AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF. Attachments: Council Communication Ordinance - Final Ordinance Turnberry Park Skate Spot Ord 2324 AN ORDINANCE AMENDING THE 2021 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY APPROPRIATING $301,900 FROM THE GENERAL FUND TO COVER EXPENSES RELATED TO THE ENVIRONMENTAL CONSULTING SERVICES CONTRACT AND AUTHORIZATION OF THE EXPENDITURE THEREOF. Attachments: Council Communication Ordinance - Final Ordinance Commerce City Page 2 Printed on 4/15/2021 City Council Meeting Agenda - Final April 19, 2021 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: Council Communication Ordinance - Final Ordinance Presentation Exhibit A - Sec. 3-2304 Penalties Exhibit B - Sec. 6-2012 Weeds and Vegetation Revised Sec. 3-2304 Penalties (Reference) Revised Sec. 6-2012 Weeds and vegetation (Reference) 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 January 25, 2021 Presentation Res 2021-29 A RESOLUTION AMENDING COUNCIL POLICIES RELATING TO MEETING PROCEDURES AND COUNCIL CONDUCT AND TRAVEL Attachments: Council Communication Resolution Presentation Res 2021-30 RESOLUTION APPOINTING MEMBERS TO DESIGNATED BOARDS AND COMMISSIONS OF COMMERCE CITY Attachments: Council Communication Resolution Res 2021-32 RESOLUTION RENAMING THE COMMERCE CITY DIVERSITY AND INCLUSION COMMISSION AS THE COMMERCE CITY DIVERSITY, EQUITY AND INCLUSION COMMISSION Attachments: Council Communication Resolution Commerce City Page 3 Printed on 4/15/2021 City Council Meeting Agenda - Final April 19, 2021 7. Resolutions - 8:55 PM Res 2021-21 A RESOLUTION AUTHORIZING NEGOTIATION FOR AND PURCHASE OF CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR THE ROSEMARY STREET WIDENING PROJECT Attachments: Council Communication Resolution Exhibit A Presentation Res 2021-31 A RESOLUTION GRANTING WAIVER OF SERVICE PLAN REQUIREMENT RELATING TO DEBT ISSUANCE FOR LEGATO METROPOLITAN DISTRICT NOS. 1-7 Attachments: Council Communication Resolution District Request for Waiver of Service Plan Requirement Consolidated Service Plan Legato Metropolitan Districts Legato Community Authority Establishing Agreement 8. Administrative Council Business - 9:25 PM 21-57 Extension of Tolling Agreement Attachments: Tolling Agreement 9. Council Reports - 9:45 PM 10. Executive Session - 9:55 PM 21-56 An executive session regarding the City Manager recruitment pursuant to C.R.S. 24-6-402(4)(e and f) for the purposes of discussing personnel matters relating to the interim city manager and determining negotiation positions and instructing negotiators on matters that may be subject to negotiations concerning the contract for the City Manager. 11. Adjourn - 10:55 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 the meeting. Commerce City Page 4 Printed on 4/15/2021

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