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City Council

Regular Meeting

Commerce City, CO · June 21, 2021

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Minutes

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, June 21, 2021 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 June 21, 2021, at 6:00 PM. A motion was made by Council Member Allen-Thomas, seconded by Council Member Madera, to excuse members not present. VOTE: 8 - Aye, 1 - Excused (Grimes) 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 Jose Guardiola, Council Member Craig Hurst and Council Member Robyn Smith Excused: 1 - 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 June 21, 2021 21-98 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 June 21. Terry Lucero thanked Council and staff for consideration of the land dedication. Chris Fiedler thanked Council and staff for consideration of the land dedication. Gay Wandel spoke on speeding and traffic conditions in Commerce City. Steve Douglas spoke on street widening and Resolution 2021-47. 4. Proclamations and Recognitions Proc 21-10 Proclamation Declaring July 2021 as Parks and Recreation Month in Commerce City A motion was made by Mayor Pro Tem Frank, seconded by Council Member Madera, that this proclamation be approved. VOTE: Aye: 8- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Allen-Thomas, Council Member Noble, Council Member Guardiola, Council Member Hurst and Council Member Smith Excused: 1- Council Member Grimes 21-97 GFOA Awards for Outstanding Achievement in Popular Financial Reporting and Certificate of Achievement for Excellence in Financial Reporting for year ending 2019 5. Presentations Pres 21-353 COVID-19 Update City Manager Tinklenberg provided council an update on the city's response to the COVID-19 pandemic. Commerce City Page 2 City Council Meeting Minutes - Final June 21, 2021 Pres 21-363 Veterans' Commission Update Commission members and staff presented on the Commission's purpose, overview, Commission members, accomplishments, and upcoming events. Pres 21-348 2022 Work Plan Goals and Targets A motion was made by Mayor Pro Tem Frank, seconded by Council Member Allen-Thomas, to adopt the 2022 work plan goals and targets. VOTE: Aye: 8- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Allen-Thomas, Council Member Noble, Council Member Guardiola, Council Member Hurst and Council Member Smith Excused: 1- Council Member Grimes 6. Consent Agenda A motion was made by Mayor Pro Tem Nicole Frank, seconded by Council Member Jennifer Allen-Thomas, that this consent agenda be approved. VOTE: Aye: 8- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Allen-Thomas, Council Member Noble, Council Member Guardiola, Council Member Hurst and Council Member Smith Excused: 1- Council Member Grimes Min 21-133 Minutes of the March 30, 2021 Special Meeting Min 21-136 Minutes of April 12, 2021 Min 21-137 Minutes of May 17, 2021 Min 21-138 Minutes of May 24, 2021 Res 2021-45 A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION REGARDING FUNDING FOR THE VASQUEZ BOULEVARD IMPROVEMENTS PROJECT Res 2021-46 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH EST, INC. FOR DESIGN AND PRECONSTRUCTION SERVICES FOR THE 88TH AVENUE WIDENING PROJECT Commerce City Page 3 City Council Meeting Minutes - Final June 21, 2021 Res 2021-49 RESOLUTION APPROVING SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF COMMERCE CITY AND THE REGIONAL TRANSPORTATION DISTRICT ("RTD") REGARDING ARTWORK FOR THE NORTH METRO RAIL LINE Res 2021-50 RESOLUTION APPROVING REQUEST BY 27J SCHOOL DISTRICT FOR TRANSFER OF SCHOOL SITE AND DISBURSEMENT OF SCHOOL FEES FOR AN ELEMENTARY SCHOOL AT SOUTHLAWN IN COMMERCE CITY 7. Resolutions Res 2021-47 A RESOLUTION APPROVING AN AMENDMENT INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF COMMERCE CITY AND POTOMAC FARMS METROPOLITAN DISTRICT REGARDING THE SERVICE PLAN FOR THE DISTRICT TO GRANT A LIMITED AUTHORIZATION OF EMINENT DOMAIN USE Staff presented on the history and overview of the project. A motion was made by Council Member Allen-Thomas, seconded by Mayor Pro Tem Frank, that this resolution be adopted. VOICE VOTE: Aye: 8- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Allen-Thomas, Council Member Noble, Council Member Guardiola, Council Member Hurst and Council Member Smith Excused: 1- Council Member Grimes Res 2021-48 RESOLUTION AMENDING RESOLUTION 2020-77 TO MODIFY THE MEMBERSHIP OF THE COMMERCE CITY DIVERSITY, EQUITY AND INCLUSION COMMISSION A motion was made by Mayor Pro Tem Frank, seconded by Council Member Noble, that this resolution be adopted. VOICE VOTE: Aye: 8- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Allen-Thomas, Council Member Noble, Council Member Guardiola, Council Member Hurst and Council Member Smith Excused: 1- Council Member Grimes 8. Ordinances on 1st Reading Commerce City Page 4 City Council Meeting Minutes - Final June 21, 2021 Ord 2332 AN ORDINANCE AMENDING THE 2021 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE DEFENSE COUNSEL FIRST APPEARANCE GRANT OF $15,000 FOR THE DEFENSE COUNSEL FIRST APPEARANCE PROGRAM AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF. A motion was made by Mayor Pro Tem Frank, seconded by Council Member Allen-Thomas, 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 Guardiola, Council Member Hurst and Council Member Smith Excused: 1- Council Member Grimes Ord 2336 AN ORDINANCE AMENDING THE 2021 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY APPROPRIATING $57,500 FROM THE GENERAL FUND FUND BALANCE TO PROVIDE FUNDING TO SUPPORT TO COMMERCE CITY SCHOOLS AND AUTHORIZATION OF THE EXPENDITURE THEREOF. A motion was made by Council Member Guardiola, seconded by Mayor Pro Tem Frank, to amend the Ordinance to include the four charter schools located in Commerce City and an additional $10,000 in expenditures. VOTE: 8 - Aye, 1 - Excused (Grimes). A motion was made by Council Member Allen-Thomas, seconded by Council Member Noble, that this ordinance be introduced by council as seated and approved on first reading as amended. VOTE: Aye: 8- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Allen-Thomas, Council Member Noble, Council Member Guardiola, Council Member Hurst and Council Member Smith Excused: 1- Council Member Grimes Ord 2337 AN EMERGENCY ORDINANCE AMENDING SECTION 1-3003 OF THE COMMERCE CITY REVISED MUNICIPAL CODE TO AUTHORIZE THE MUNICIPAL COURT TO IMPOSE ALTERNATIVE SENTENCING FOR FIREWORKS VIOLATIONS BY MINORS A motion was made by Mayor Huseman, seconded by Council Member , to amend Exhibit A Section E to add new sentence that to have a 120 hour minimum public service penalty for minors caught with illegal fireworks. VOTE: 8 - Aye, 1 - Excused (Grimes) FAILED DUE TO LACK OF SECOND A motion was made by Council Member Madera, seconded by Council Member Guardiola, that this ordinance be introduced by council as seated and approved on first reading as an emergency ordinance. VOTE: Aye: 8- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Allen-Thomas, Council Member Noble, Council Member Guardiola, Council Member Hurst and Council Member Smith Commerce City Page 5 City Council Meeting Minutes - Final June 21, 2021 Excused: 1- Council Member Grimes 9. Administrative Council Business 21-96 Council Appointments to Commerce City Diversity, Equity and Inclusion Commission A motion was made by Council Member Noble, and a seconded by Mayor Pro Tem Frank, to appoint Council Member Allen-Thomas and Council Member Guardiola to the Diversity, Equity, and Inclusion Commission and Council Member Madera as an alternate. VOICE VOTE: Aye: 8- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Allen-Thomas, Council Member Noble, Council Member Guardiola, Council Member Hurst and Council Member Smith Excused: 1- Council Member Grimes 21-99 Consideration of Request for Veto of HB21-1314 A motion was made by Mayor Pro Tem Frank, and a seconded by Council Member Hurst, to authorize the Mayor to sign and issue the veto request letter regarding HB 21-1314. VOICE VOTE: Aye: 8- Mayor Huseman, Mayor Pro Tem Frank, Council Member Madera, Council Member Allen-Thomas, Council Member Noble, Council Member Guardiola, Council Member Hurst and Council Member Smith Excused: 1- Council Member Grimes 10. Council Reports 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. 11. Adjourn The meeting adjourned at 7:46 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, June 21, 2021 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 - 6:00 PM Times given are estimates only. Zoom registration: https://c3gov.zoom.us/webinar/register/WN_2jOZrrPnSK2fi_w3xYAYhg 2. Pledge of Allegiance 3. Citizen Communication 21-98 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 June 21. 4. Proclamations and Recognitions - 6:30 PM Proc 21-10 Proclamation Declaring July 2021 as Parks and Recreation Month in Commerce City Attachments: Proclamation Commerce City Page 1 Printed on 6/16/2021 City Council Meeting Agenda - Final June 21, 2021 21-97 GFOA Awards for Outstanding Achievement in Popular Financial Reporting and Certificate of Achievement for Excellence in Financial Reporting for year ending 2019 Attachments: Council Communication GFOA PAFR AWARD GFOA CAFR AWARD 5. Presentations - 6:40 PM Pres 21-353 COVID-19 Update Pres 21-363 Veterans' Commission Update Attachments: Council Communication Presentation Pres 21-348 2022 Work Plan Goals and Targets Attachments: Council Communication 2022 Goals Objectives Strategies Spreadsheet 6. Consent Agenda - 7:55 PM Min 21-133 Minutes of the March 30, 2021 Special Meeting Attachments: Minutes Min 21-136 Minutes of April 12, 2021 Attachments: Minutes Min 21-137 Minutes of May 17, 2021 Attachments: Minutes Min 21-138 Minutes of May 24, 2021 Attachments: Minutes Res 2021-45 A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION REGARDING FUNDING FOR THE VASQUEZ BOULEVARD IMPROVEMENTS PROJECT Attachments: Council Communication Resolution IGA Commerce City-Vasquez Blvd Improvements Commerce City Page 2 Printed on 6/16/2021 City Council Meeting Agenda - Final June 21, 2021 Res 2021-46 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH EST, INC. FOR DESIGN AND PRECONSTRUCTION SERVICES FOR THE 88TH AVENUE WIDENING PROJECT Attachments: Council Communication Resolution Request for Proposals Res 2021-49 RESOLUTION APPROVING SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF COMMERCE CITY AND THE REGIONAL TRANSPORTATION DISTRICT ("RTD") REGARDING ARTWORK FOR THE NORTH METRO RAIL LINE Attachments: Council Communication Resolution Second Amendment to IGA Exhibit B to Amendment Exhibit 1 to License Agreement - Site Plan Original IGA First Amendment to IGA Res 2021-50 RESOLUTION APPROVING REQUEST BY 27J SCHOOL DISTRICT FOR TRANSFER OF SCHOOL SITE AND DISBURSEMENT OF SCHOOL FEES FOR AN ELEMENTARY SCHOOL AT SOUTHLAWN IN COMMERCE CITY Attachments: Council Communication Resolution Vicinity Map 2004 Deed 27J Schools Property Transfer Request 27J Schools Fee Transfer Request 7. Resolutions - 8:00 PM Commerce City Page 3 Printed on 6/16/2021 City Council Meeting Agenda - Final June 21, 2021 Res 2021-47 A RESOLUTION APPROVING AN AMENDMENT INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF COMMERCE CITY AND POTOMAC FARMS METROPOLITAN DISTRICT REGARDING THE SERVICE PLAN FOR THE DISTRICT TO GRANT A LIMITED AUTHORIZATION OF EMINENT DOMAIN USE Attachments: Council Communication Resolution Potomac Farms Service Plan Deed - Weststar Bank (Potomac Farms) Res 2021-48 RESOLUTION AMENDING RESOLUTION 2020-77 TO MODIFY THE MEMBERSHIP OF THE COMMERCE CITY DIVERSITY, EQUITY AND INCLUSION COMMISSION Attachments: Council Communication Resolution Establishing Resolution 8. Ordinances on 1st Reading - 8:40 PM Ord 2332 AN ORDINANCE AMENDING THE 2021 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE DEFENSE COUNSEL FIRST APPEARANCE GRANT OF $15,000 FOR THE DEFENSE COUNSEL FIRST APPEARANCE PROGRAM AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF. Attachments: Council Communication Ordinance Commerce City 2020 Court Appointed Counsel Ord 2336 AN ORDINANCE AMENDING THE 2021 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY APPROPRIATING $47,500 FROM THE GENERAL FUND FUND BALANCE TO PROVIDE FUNDING TO SUPPORT TO COMMERCE CITY SCHOOLS AND AUTHORIZATION OF THE EXPENDITURE THEREOF. Attachments: Council Communication Ordinance Ord 2337 AN EMERGENCY ORDINANCE AMENDING SECTION 1-3003 OF THE COMMERCE CITY REVISED MUNICIPAL CODE TO AUTHORIZE THE MUNICIPAL COURT TO IMPOSE ALTERNATIVE SENTENCING FOR FIREWORKS VIOLATIONS BY MINORS Attachments: Council Communication Ordinance Commerce City Page 4 Printed on 6/16/2021 City Council Meeting Agenda - Final June 21, 2021 9. Administrative Council Business - 9:05 PM 21-96 Council Appointments to Commerce City Diversity, Equity and Inclusion Commission 21-99 Consideration of Request for Veto of HB21-1314 Attachments: Council Communication Veto Request Letter HB21-1314 (Rerevised) 10. Council Reports - 9:35 PM 11. Adjourn - 9:45 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 5 Printed on 6/16/2021

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