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City Council

Regular Meeting

Commerce City, CO · April 18, 2022

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Minutes

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, April 18, 2022 6:35 PM Council Chambers, 7887 E. 60th Ave Commerce City, CO 80022. The meeting will be live on Channel 8 and c3gov.com/video. Zoom Registration: https://c3gov.zoom.us/webinar/register/WN_anKhSIgAR0yfCw ySSCDOrg Or Immediately following the URA meeting, before or after the posted time. Regular Meeting. Times given are estimates only. Updated 4/18/2022 @ 12:30 PM 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 18, 2022 at 6:20 PM. Present: 9 - Mayor Benjamin Huseman, Mayor Pro Tem Jennifer Allen-Thomas, Council Member Oscar Madera, Council Member Rick Davis, Council Member Susan Noble, Council Member Craig Hurst, Council Member Meghan Grimes, Council Member Sean Ford and Council Member Kristi Douglas 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Citizen Communication Commerce City Page 1 City Council Meeting Minutes - Final April 18, 2022 22-81 Citizen Communication - City Council will conduct this meeting in person at the Commerce City Civic Center, 7887 E 60th Ave, Commerce City, CO 80022. 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 in person, via Zoom, or in advance through mail or email. 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 via Zoom or submit written comments is noon on Monday, April 18. A motion was made by Council Member Madera, seconded by Council Member Hurst, to allow citizen communication to take place before the stated time in the agenda. VOTE: 9 - Aye Steve Douglas spoke on a flea market and impact fee ordinance. Faive Kovalis spoke on a code violation they received from the City. 4. Executive Session 22-75 An executive session regarding the City Attorney recruitment pursuant to C.R.S. 24-6-402(4)(f, and g) for the purpose of reviewing and discussing applications and materials related to candidates for the position of City Attorney which are documents protected by the mandatory nondisclosure provision of the Colorado Open Records Act. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Grimes, to enter into executive session pursuant to C.R.S. 24-6-402(4) (f, and g) for the purpose of reviewing and discussing applications and materials related to candidates for the position of City Attorney which are documents protected by the mandatory nondisclosure provision of the Colorado Open Records Act. VOTE: Aye: 9- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Madera, Council Member Davis, Council Member Noble, Council Member Hurst, Council Member Grimes, Council Member Ford and Council Member Douglas 5. Noticed Council Business 22-47 Adams County Pride Festival Sponsorship Opportunity A motion was made by Council Member Noble, seconded by Mayor Pro Tem Allen-Thomas, to sponsor the Adams County Pride Festival in the amount of $3,000. VOTE: 9 - Aye Commerce City Page 2 City Council Meeting Minutes - Final April 18, 2022 22-76 Sponsorship Request - Kentucky Derby in Derby A motion was made by Council Member Ford, seconded by Council Member Grimes, to support the Chamber of Commerce's Kentucky Derby in Derby fundraiser in the amount of $2,500 . VOTE: 9 - Aye 22-79 Urban Camping Ban Council Member Grimes introduced the item. A motion was made by Council Member Grimes, seconded by Mayor Pro Tem Allen-Thomas, to direct staff to draft an urban camping ban ordinance to be brought back to Council at the May 16, 2022 regular meeting. VOTE: 7 - Aye, 2 - Nay (Douglas, Noble) 6. Presentations Pres 22-63 Environmental Planning Policy and Oil and Gas Monthly Update Dr. Rosemarie Russo, Environmental Planner, gave the monthly environmental planning policy and oil and gas update. Pres 22-45 2022 Private Activity Bond Allocation Update Jenna Lowery, Senior Management Analyst, presented on the City's private activity bond allocation process, qualified projects, outlined the old allocation process, new policy, and the 7001 Colorado Boulevard project. Pres 22-42 Economic Development Incentive Program Renewal and Expansion Michelle Claymore, Economic Development Director, presented on the Commercial Development Fee Waiver Program and the Lodging Tax Rebate Program. Pres 22-244 Comprehensive Plan April Update Jamie Rice, City Planner, gave the April Comprehensive Plan update. 7. Consent Agenda Council Member Douglas request Ordinance 2371 and Resolution 2022-44 be removed from the consent agenda. A motion was made by Council Member Grimes, seconded by Council Member Madera, to approve the consent agenda as amended. ROLL CALL VOTE: Aye: 9- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Madera, Council Member Davis, Council Member Noble, Council Member Hurst, Council Member Grimes, Council Member Ford and Council Member Douglas Commerce City Page 3 City Council Meeting Minutes - Final April 18, 2022 Min 22-87 Minutes of the April 11, 2022 Special Meeting Ord 2368 AN ORDINANCE AMENDING SECTION 1-3006 OF THE COMMERCE CITY REVISED MUNICIPAL CODE TO CORRECT THE SECTION NAME, DEFINE PARK RANGER AS A PEACE OFFICER, AND ESTABLISH THE AUTHORITY OF PARK RANGERS TO ENFORCE ORDINANCE AND RULE VIOLATIONS RELATING TO THE USE OF COMMERCE CITY PARK PROPERTY Ord 2371 AN ORDINANCE AMENDING THE 2022 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO, BY TRANSFERRING $500,000 FROM THE UNENCUMBERED FUND BALANCE IN GENERAL FUND TO THE CAPITAL IMPROVEMENTS AND PRESERVATION PLAN FUND (CIPP) FOR COSTS ASSOCIATED WITH THE LAND DEVELOPMENT CODE (LDC) UPDATE PROJECT AND AUTHORIZATION OF THE EXPENDITURES THEREOF. A motion was made by Council Member Grimes, seconded by Council Member Hurst, that this ordinance be approved on second & final reading. VOTE: Aye: 9- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Madera, Council Member Davis, Council Member Noble, Council Member Hurst, Council Member Grimes, Council Member Ford and Council Member Douglas Ord 2382 AN ORDINANCE AMENDING THE 2022 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. Res 2022-44 A RESOLUTION AUTHORIZING BASELINE ENGINEERING CORPORATION TO PROVIDE PLANNING SERVICES AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT A motion was made by Council Member Hurst, seconded by Council Member Grimes, that this resolution be adopted. VOTE: Aye: 9- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Madera, Council Member Davis, Council Member Noble, Council Member Hurst, Council Member Grimes, Council Member Ford and Council Member Douglas Commerce City Page 4 City Council Meeting Minutes - Final April 18, 2022 8. Administrative Council Business A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Hurst, to have water quality violations that affect Commerce City included in the Environmental Planning Policy and Oil and Gas Monthly update. VOTE: 5 - Aye, 4 - Nay (Davis, Ford, Grimes, Madera) 9. 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. 10. Executive Session A motion was made by Council Member Hurst, seconded by Mayor Pro Tem Allen-Thomas, to extend the automatic adjournment by thirty minutes. VOTE: 4 - Aye (Allen-Thomas, Douglas, Huseman, Noble), 5 - Nay A motion was made by Council Member Ford, seconded by Council Member Noble, to reconsider the vote on the automatic adjournment. VOTE: 7 - Aye, 2 - Nay (Grimes, Madera) A motion was made by Council Member Hurst, seconded by Mayor Pro Tem Allen-Thomas, to extend the automatic adjournment by thirty minutes. VOTE: 7 - Aye, 2 - Nay (Grimes, Madera). 22-50 An executive session (1) pursuant to C.R.S. 24-6-402(4)(b) for the purpose of receiving legal advice, and (2) pursuant to C.R.S. 24-6-402(4) (e) for the purpose of developing strategy for negotiations and instructing negotiators on the annexation of the property generally located at 104th Avenue and Brighton Road. 22-78 Executive session pursuant to C.R.S. sec 24-6-402(4)(a) regarding the purchase of real property for the purpose of historic preservation. A motion was made by Council Member Ford, seconded by Council Member Hurst, to enter into an executive session pursuant to C.R.S. sec 24-6-402(4)(a) regarding the purchase of real property for the purpose of historic preservation. VOTE: Aye: 8- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Madera, Council Member Davis, Council Member Noble, Council Member Hurst, Council Member Ford and Council Member Douglas Nay: 1- Council Member Grimes Commerce City Page 5 City Council Meeting Minutes - Final April 18, 2022 11. Adjourn The meeting adjourned at 10:54 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 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 6

Agenda

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Agenda - Final-revised City Council Monday, April 18, 2022 6:35 PM Council Chambers, 7887 E. 60th Ave Commerce City, CO 80022. The meeting will be live on Channel 8 and c3gov.com/video. Zoom Registration: https://c3gov.zoom.us/webinar/register/WN_anK hSIgAR0yfCwySSCDOrg Or Immediately following the URA meeting, before or after the posted time. Regular Meeting. Times given are estimates only. Updated 4/18/2022 @ 12:30 PM 1. Call to Order/Roll Call - 6:35 PM 2. Pledge of Allegiance 3. Citizen Communication 22-81 Citizen Communication - City Council will conduct this meeting in person at the Commerce City Civic Center, 7887 E 60th Ave, Commerce City, CO 80022. 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 in person, via Zoom, or in advance through mail or email. 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 via Zoom or submit written comments is noon on Monday, April 18. Attachments: Written Comments 4. Executive Session - 7:05 PM 22-75 An executive session regarding the City Attorney recruitment pursuant to C.R.S. 24-6-402(4)(f, and g) for the purpose of reviewing and discussing applications and materials related to candidates for the position of City Attorney which are documents protected by the mandatory nondisclosure provision of the Colorado Open Records Act. 5. Noticed Council Business - 7:35 PM Commerce City Page 1 Printed on 4/18/2022 City Council Meeting Agenda - Final-revised April 18, 2022 22-47 Adams County Pride Festival Sponsorship Opportunity Attachments: Council Communication Commerce City Pride 22-76 Sponsorship Request - Kentucky Derby in Derby Attachments: Council Communication Sponsorship Request 22-79 Urban Camping Ban 6. Presentations - 8:00 PM Pres 22-63 Environmental Planning Policy and Oil and Gas Monthly Update Attachments: Council Communication Presentation Pres 22-45 2022 Private Activity Bond Allocation Update Attachments: Council Communication Presentation Applicant Presentation Private Activity Bond Allocation Policy Pres 22-42 Economic Development Incentive Program Renewal and Expansion Attachments: Council Communication Presentation Pres 22-244 Comprehensive Plan April Update Attachments: Council Communication Presentation 7. Consent Agenda - 9:15 PM Min 22-87 Minutes of the April 11, 2022 Special Meeting Attachments: Minutes Commerce City Page 2 Printed on 4/18/2022 City Council Meeting Agenda - Final-revised April 18, 2022 Ord 2368 AN ORDINANCE AMENDING SECTION 1-3006 OF THE COMMERCE CITY REVISED MUNICIPAL CODE TO CORRECT THE SECTION NAME, DEFINE PARK RANGER AS A PEACE OFFICER, AND ESTABLISH THE AUTHORITY OF PARK RANGERS TO ENFORCE ORDINANCE AND RULE VIOLATIONS RELATING TO THE USE OF COMMERCE CITY PARK PROPERTY Attachments: Council Communication Ordinance - Final Ordinance Ordinance 2343 Ord 2371 AN ORDINANCE AMENDING THE 2022 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO, BY TRANSFERRING $500,000 FROM THE UNENCUMBERED FUND BALANCE IN GENERAL FUND TO THE CAPITAL IMPROVEMENTS AND PRESERVATION PLAN FUND (CIPP) FOR COSTS ASSOCIATED WITH THE LAND DEVELOPMENT CODE (LDC) UPDATE PROJECT AND AUTHORIZATION OF THE EXPENDITURES THEREOF. Attachments: Council Communication Presentation Ordinance - Final Ordinance Ord 2382 AN ORDINANCE AMENDING THE 2022 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: Council Communication Ordinance - Final Ordinance Fiscal Year 2022 Click it or Ticket Award and Program Update Commerce City Click It or Ticket It - Fiscal Year 2022 Res 2022-44 A RESOLUTION AUTHORIZING BASELINE ENGINEERING CORPORATION TO PROVIDE PLANNING SERVICES AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT Attachments: Council Communication Resolution Commerce City Page 3 Printed on 4/18/2022 City Council Meeting Agenda - Final-revised April 18, 2022 8. Administrative Council Business - 9:20 PM 9. Council Reports - 9:35 PM 10. Executive Session - 9:45 PM 22-50 An executive session (1) pursuant to C.R.S. 24-6-402(4)(b) for the purpose of receiving legal advice, and (2) pursuant to C.R.S. 24-6-402(4)(e) for the purpose of developing strategy for negotiations and instructing negotiators on the annexation of the property generally located at 104th Avenue and Brighton Road. 22-78 Executive session pursuant to C.R.S. sec 24-6-402(4)(a) regarding the purchase of real property for the purpose of historic preservation. 11. Adjourn - 10:45 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 the meeting. Commerce City Page 4 Printed on 4/18/2022

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