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City Council

Regular Meeting

Commerce City, CO · September 19, 2022

AgendaMinutes

Minutes

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, September 19, 2022 6:00 PM Council Chambers, 7887 E 60th Ave, Commerce City, CO 80022. The meeting will also be conducted in a hybrid format via Zoom. Registration link: https://c3gov.zoom.us/webinar/register/WN_dW5pjJprQzukjLG SQDLj3g Times given are estimates only. Revised on 09/19/2022 as of 2:00 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 September 19, 2022 at 6:01 PM. A motion was made by Council Member Madera, seconded by Council Member Ford, to excuse those members not present. VOTE: 7 - Aye, Excused 2 - (Hurst, Grimes.) Present: 8 - 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 Sean Ford and Council Member Kristi Douglas Excused: 1 - Council Member Meghan Grimes 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Citizen Communication 22-163 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, September 19. - Jessica Garcia spoke on the City's support for Little Giants Learning Center. - Kristi Pollard spoke on metro districts and metro district financing. Commerce City Page 1 City Council Meeting Minutes - Final September 19, 2022 - Steve Douglas spoke on mill levies, traffic near Avila Settlers Crossing, and Ordinance 2431. - Michele Crean spoke on parking and traffic issues near Landmark Academy. - Davider Sandhu spoke on trailers and campers parking in Commerce City. - Joy Bishop spoke on living conditions at Conter Estates. - The following spoke on living conditions at the Village Crest Apartments: - Patrici Michel - Maria Lopez - Martha Maldonado - Carmen Romero - Adriana Carrillo - Rita Corasco - Shirley Henni spoke on open space conditions in Commerce City. - Lori McMahon spoke on rent stabilization in Commerce City. - Sean McMahon spoke on rent Stabilization in Commerce City. - David Busby spoke on metro districts in Commerce City. - Ariane Mullen spoke on homelessness in Commerce City. - Jim Hayes spoke on Resolution 2022-88 and Chambers Road Intergovernmental Agreement. - Barb Kirkmeyer introduced themselves to the City Council. 4. Proclamations and Recognitions Proc 22-33 Proclamation Declaring September 2022 as Suicide Awareness and Prevention Month in Commerce City, Colorado A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Ford, that this Proclamation be approved. 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 Excused: 1- Council Member Grimes Proc 22-35 Proclamation Declaring September 28, 2022 as Good Neighbor Day in Commerce City, Colorado A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Ford, that this Proclamation be approved. 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 Excused: 1- Council Member Grimes Proc 22-36 Proclamation Declaring the Week of September 25-October 1, 2022 as Childhood Cancer Awareness Week in Commerce City, Colorado A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Ford, that this Proclamation be approved. VOTE: Commerce City Page 2 City Council Meeting Minutes - Final September 19, 2022 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 Excused: 1- Council Member Grimes 5. Presentations Pres 22-68 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 22-375 Homeless Services and ARPA Project Update Sarah Nachtman, Community Navigator, and Trenten Robinson, Management Analyst, presented an update on homelessness efforts and ARAP funding for a navigation center. Pres 22-498 Metro District Regulations John Bourjaily, Management Analyst, presented on updates to the drafting process of the Metro District Model Service Plan. 6. Consent Agenda A motion was made by Council Member Madera, seconded by Mayor Pro Tem Allen-Thomas, to approve the Consent Agenda as presented. ROLL CALL 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 Excused: 1- Council Member Grimes Min 22-240 Minutes of the August 22, 2022 Special Meeting Res 2022-83 A RESOLUTION AUTHORIZING AWARD OF A CONTRACT FOR DESIGN SERVICES FOR THE REDEVELOPMENT OF THE CLUBHOUSE AND MAINTENANCE AREAS AT BUFFALO RUN GOLF COURSE PROJECT TO Z DESIGN GROUP, LLC. Res 2022-92 A RESOLUTION EXTENDING THE TERM OF THE BLUE RIBBON ECONOMIC DEVELOPMENT COMMITTEE AND RATIFYING THEIR WORK THROUGH SEPTEMBER 26, 2022 7. Public Hearings Res 2022-03 A RESOLUTION APPROVING THE AVILLA SETTLERS CROSSING Commerce City Page 3 City Council Meeting Minutes - Final September 19, 2022 SUBDIVISION GENERALLY LOCATED SOUTH OF E. 100TH AVENUE AND EAST OF TOWER ROAD A motion was made by Council Member Madera, seconded by Mayor Pro Tem Allen-Thomas, that this public hearing be continued to the January 2, 2023 meeting. 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 Excused: 1- Council Member Grimes The public hearings will be conducted electronically via Zoom. There will be an opportunity to testify live during the meeting via Zoom or in advance via email or regular mail. Visit c3gov.com/council and click on “Virtual Meeting and Public Comment Instructions” for instructions on how to register or submit comments. The deadline to register to comment and to submit written comments is noon on Monday, September 19th. Please contact the City Clerk to request paper copies of materials. 8. Resolutions Res 2022-87 A RESOLUTION AUTHORIZING AWARD OF A CONTRACT FOR THE COMPREHENSIVE UPDATE OF THE CITY OF COMMERCE CITY LAND DEVELOPMENT CODE TO KENDIG KEAST COLLABORATIVE, INC. A motion was made by Council Member Madera, seconded by Mayor Pro Tem Allen-Thomas, that this Resolution be adopted. 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 Excused: 1- Council Member Grimes Res 2022-91 A RESOLUTION DECLINING THE CITY OF COMMERCE CITY’S PARTICIPATION IN THE PAID FAMILY MEDICAL LEAVE INSURANCE PROGRAM Dennis Davenport, Commerce City Police Department - Crime Scene Investigator, spoke in support of Resolution 2022-91. A motion was made by Council Member Ford, seconded by Council Member Madera, that this Resolution be adopted. 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 Excused: 1- Council Member Grimes Commerce City Page 4 City Council Meeting Minutes - Final September 19, 2022 9. Ordinances on 1st Reading Ord 2421 SECOND AND FINAL READING OF 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 $3,000,000 FOR 88TH AVE:I-76 TO HIGHWAY 2 AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF. A motion was made by Mayor Pro Tem Allen-Thomas, 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 Allen-Thomas, Council Member Madera, Council Member Davis, Council Member Noble, Council Member Hurst, Council Member Ford and Council Member Douglas Excused: 1- Council Member Grimes Ord 2427 FIRST READING OF AN ORDINANCE AMENDING THE 2022 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO, BY RECOGNIZING CERTAIN APPROPRIATIONS IN THE GENERAL FUND, POLICE DONATIONS FUND, AND GRANTS FUND, TOTALING $2,289,902.66, AND AUTHORIZING THE EXPENDITURE THEREOF A motion was made by Council Member Ford, seconded by Mayor Pro Tem Allen-Thomas, that this Ordinance be introduced by council as seated and approved on first reading. 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 Excused: 1- Council Member Grimes Ord 2431 SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE COMMERCE CITY REVISED MUNICIPAL CODE BY ADDING A SECTION RESTRICTING UNAUTHORIZED URBAN CAMPING A motion was made by Council Member Noble, seconded by Council Member Ford, that this Ordinance be continued to October 3, 2022. 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 Excused: 1- Council Member Grimes 10. Ordinances on 2nd Reading Ord 2411 SECOND AND FINAL READING OF AN ORDINANCE AMENDING SECTIONS 21-3320 AND 21-3340 OF THE LAND DEVELOPMENT Commerce City Page 5 City Council Meeting Minutes - Final September 19, 2022 CODE RELATING TO STANDARDS FOR ANNEXATION AGREEMENTS A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Madera, that this Ordinance be approved on second & final reading. 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 Excused: 1- Council Member Grimes 11. Administrative Council Business A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Ford, to ensure the City Council has swag and other things to give out during homecoming parades. VOTE: 8 - Aye, 1 - Excused (Grimes) A motion was made by Council Member Noble, seconded by Council Member Madera, to have study session to discuss the housing issues in Commerce City. VOTE: 8 - Aye, 1 - Excused (Grimes) 22-156 Early Childhood Partnership of Adams County (ECPAC) Breakfast Sponsorship A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Noble, to approve a gold level sponsorship for the Early Childhood Partnership of Adams County (ECPAC) Breakfast. VOTE: 8 - Aye, 1 - Excused (Grimes). 22-162 City Manager Appointment Discussion A motion was made by Council Member Madera, seconded by Council Member Ford, to enter into an executive session pursuant to C.R.S 24-6-402(4)(f) for the purpose of discussing personnel matters specifically the appointment of an acting or interim city manager and if necessary then C.R.S 24-6-402(4)(e) for the purpose of determining positions relative to matters that are subject to negotiations and instructing negotiators accordingly specifically with regard to an interim agreement relative to the appointment of a city manager. VOTE: 8 - Aye, 1 - Excused (Grimes) A motion was made by Council Member Madera, seconded by Council Member Ford, to extend the meeting by 15 minutes. VOTE: 8 - Aye, 1 - Excused (Grimes) A motion was made by Council Member Ford, seconded by Mayor Pro Tem Allen-Thomas, to appoint Jason Roger as Acting City Manager until November 30, 2022. VOTE: 8 - Aye, 1 - Excused (Grimes) 12. Council Reports Acting City Manager Rogers highlighted items presented in the weekly report provided to council earlier. The mayor and council reported on their attendance at various meetings and events. Commerce City Page 6 City Council Meeting Minutes - Final September 19, 2022 13. Adjourn The meeting adjourned at 11:45 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 7

Agenda

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Agenda - Final-revised City Council Monday, September 19, 2022 6:00 PM Council Chambers, 7887 E 60th Ave, Commerce City, CO 80022. The meeting will also be conducted in a hybrid format via Zoom. Registration link: https://c3gov.zoom.us/webinar/register/WN_dW5 pjJprQzukjLGSQDLj3g Times given are estimates only. Revised on 09/19/2022 as of 2:00 PM. 1. Call to Order/Roll Call - 6:00 PM 2. Pledge of Allegiance 3. Citizen Communication 22-163 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, September 19. Attachments: Written Comments 4. Proclamations and Recognitions - 6:30 PM Proc 22-33 Proclamation Declaring September 2022 as Suicide Awareness and Prevention Month in Commerce City, Colorado Attachments: Suicide Awareness and Prevention Month Proclamation Proc 22-35 Proclamation Declaring September 28, 2022 as Good Neighbor Day in Commerce City, Colorado Attachments: Good Neighbor Day Proclamation Commerce City Page 1 Printed on 9/19/2022 City Council Meeting Agenda - Final-revised September 19, 2022 Proc 22-36 Proclamation Declaring the Week of September 25-October 1, 2022 as Childhood Cancer Awareness Week in Commerce City, Colorado Attachments: Childhood Cancer Awareness Week Proclamation 5. Presentations - 6:45 PM Pres 22-68 Environmental Planning Policy and Oil and Gas Monthly Update Attachments: Council Communication Presentation Pres 22-375 Homeless Services and ARPA Project Update Attachments: Council Communication Presentation Adams County Homelessness MOU Pres 22-498 Metro District Regulations Attachments: Council Communication EPS Final White Paper Presentation - Metro District Study Session Developer_Comments_Consolidated Metro District Reform Public Comment Meeting 6. Consent Agenda - 7:55 PM Min 22-240 Minutes of the August 22, 2022 Special Meeting Attachments: August 22 Special Meeting Minutes Res 2022-83 A RESOLUTION AUTHORIZING AWARD OF A CONTRACT FOR DESIGN SERVICES FOR THE REDEVELOPMENT OF THE CLUBHOUSE AND MAINTENANCE AREAS AT BUFFALO RUN GOLF COURSE PROJECT TO Z DESIGN GROUP, LLC. Attachments: Council Communication Resolution 2022-83 Agreement of Professional Services Ordinance 2401 - Final Study Session Presentation - April 25, 2022 Commerce City Page 2 Printed on 9/19/2022 City Council Meeting Agenda - Final-revised September 19, 2022 Res 2022-92 A RESOLUTION EXTENDING THE TERM OF THE BLUE RIBBON ECONOMIC DEVELOPMENT COMMITTEE AND RATIFYING THEIR WORK THROUGH SEPTEMBER 26, 2022 Attachments: Council Communication Resolution 2022-92 7. Public Hearings - 8:00 PM Commerce City Page 3 Printed on 9/19/2022 City Council Meeting Agenda - Final-revised September 19, 2022 Res 2022-03 A RESOLUTION APPROVING THE AVILLA SETTLERS CROSSING SUBDIVISION GENERALLY LOCATED SOUTH OF E. 100TH AVENUE AND EAST OF TOWER ROAD Attachments: Council Communication Resolution 2022-03 Exhibit A to Resolution 2022-03 Planning Commission Minutes 02.10.22 Vicinity Map Staff Report Staff Presentation Staff Presentation Short Form Final Plat Applicant Narrative Traffic Conformance Letter Drainage Report Stormwater and Erosion Control Report Development Agreement Settlers Crossing PUD Zone Document 27J Comments Adams County Comments DIA Combined Comments E470 Comments GIS Combined Comments Police Comments SACFD Combined Comments SACWSD Combined Comments United Power Comments Xcel Combined Comments MHFD Comments Parks Comments Planning Combined Comments Public Works Combined Comments Public Notice Sign Posting Affidavit Applicant Presentation Commerce City Page 4 Printed on 9/19/2022 City Council Meeting Agenda - Final-revised September 19, 2022 The public hearings will be conducted electronically via Zoom. There will be an opportunity to testify live during the meeting via Zoom or in advance via email or regular mail. Visit c3gov.com/council and click on “Virtual Meeting and Public Comment Instructions” for instructions on how to register or submit comments. The deadline to register to comment and to submit written comments is noon on Monday, September 19th. Please contact the City Clerk to request paper copies of materials. 8. Resolutions - 8:00 PM Res 2022-87 A RESOLUTION AUTHORIZING AWARD OF A CONTRACT FOR THE COMPREHENSIVE UPDATE OF THE CITY OF COMMERCE CITY LAND DEVELOPMENT CODE TO KENDIG KEAST COLLABORATIVE, INC. Attachments: Council Communication Resolution 2022-87 Agreement for Professional Services Presentation Res 2022-91 A RESOLUTION DECLINING THE CITY OF COMMERCE CITY’S PARTICIPATION IN THE PAID FAMILY MEDICAL LEAVE INSURANCE PROGRAM Attachments: Council Communication Resolution 2022-91 FAMLI Presentation Written Comments 9. Ordinances on 1st Reading - 9:10 PM Ord 2421 FIRST READING OF 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 $3,000,000 FOR 88TH AVE:I-76 TO HIGHWAY 2 AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF. Attachments: Council Communication Ordinance 2421 Commerce City Page 5 Printed on 9/19/2022 City Council Meeting Agenda - Final-revised September 19, 2022 Ord 2427 FIRST READING OF AN ORDINANCE AMENDING THE 2022 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO, BY RECOGNIZING CERTAIN APPROPRIATIONS IN THE GENERAL FUND, POLICE DONATIONS FUND, AND GRANTS FUND, TOTALING $2,289,902.66, AND AUTHORIZING THE EXPENDITURE THEREOF Attachments: Council Communication Ordinance 2427 Ord 2431 AN ORDINANCE AMENDING THE COMMERCE CITY REVISED MUNICIPAL CODE BY ADDING A SECTION RESTRICTING UNAUTHORIZED URBAN CAMPING Attachments: Council Communication Ordinance 2341 10. Ordinances on 2nd Reading - 9:25 PM Ord 2411 SECOND AND FINAL READING OF AN ORDINANCE AMENDING SECTIONS 21-3320 AND 21-3340 OF THE LAND DEVELOPMENT CODE RELATING TO STANDARDS FOR ANNEXATION AGREEMENTS Attachments: Council Communication Ordinance 2411 11. Administrative Council Business - 9:30 PM 22-156 Early Childhood Partnership of Adams County (ECPAC) Breakfast Sponsorship Attachments: Council Communication Sponsorship Request 22-162 City Manager Appointment Discussion 12. Council Reports - 10:05 PM 13. Adjourn - 10:15 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 6 Printed on 9/19/2022

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