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City Council

Regular Meeting

Commerce City, CO · October 3, 2022

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Minutes

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, October 3, 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_770LufIKStGGbUg d_OhiSg Regular Meeting. Times given are estimates only. Revised 10/2/2022 @ 11:30 AM. 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 October 3, 2022, at 6:00 PM. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Ford, to excuse those members not present. VOTE: 7 - Aye, 1 - Excused (Hurst) Present: 7 - Mayor Benjamin Huseman, Mayor Pro Tem Jennifer Allen-Thomas, 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 Oscar Madera 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Citizen Communication 22-171 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, October 3rd. Steve Douglas spoke on road expansions near 96th Ave, suggesting using Bison Commerce City Page 1 City Council Meeting Minutes - Final October 3, 2022 Ridge Recreation Center as an overnight police station, and Ordinances 2390 and 2391. Patrick Meyers spoke on semi-trucks on 58th Ave and the location of their fuel station not allowing the truck to properly turn. 4. Proclamations and Recognitions Proc 22-17 Proclamation Declaring October 7, 2022 as National Manufacturing Day in Commerce City, Colorado Deputy City Clerk Jordan Roberts read the proclamation. A motion was made by Council Member Noble, seconded by Mayor Pro Tem Allen-Thomas, that this proclamation be approved. VOICE VOTE: Unanimous, all present affirmed. Proc 22-18 Proclamation Declaring October 2022 as Code Enforcement Month in Commerce City, Colorado Deputy City Clerk Jordan Roberts read the proclamation. Council Member Hurst arrived at 6:18 PM. A motion was made by Council Member Ford, seconded by Mayor Pro Tem Allen-Thomas, that this proclamation be approved. VOICE VOTE: Unanimous, all present affirmed. Proc 22-37 Proclamation Declaring October 2022 as Domestic Violence Awareness Month in Commerce City, Colorado Deputy City Clerk Jordan Roberts read the proclamation. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Davis, that this proclamation be approved. VOICE VOTE: Unanimous, all present affirmed. Proc 22-38 Proclamation Declaring October 2022 as Breast Cancer Awareness and Prevention Month in Commerce City, Colorado Mayor Pro Tem Allen-Thomas read the proclamation. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Hurst, that this proclamation be approved. VOICE VOTE: Unanimous, all present affirmed. 5. Noticed Council Business 22-155 Semi Trucks on Residential Streets A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Douglas, to increase no semi-truck signs as well as increase enforcement in designated neighborhoods. VOTE: 7 - Aye, 1 - Abstain (Hurst) Commerce City Page 2 City Council Meeting Minutes - Final October 3, 2022 6. Presentations Pres 22-69 Environmental Policy & Oil and Gas Update Dr. Rosemarie Russo provided the environmental policy & oil and gas update. 7. Resolutions Res 2022-96 A RESOLUTION ESTABLISHING MINIMUM BUDGETARY FUNDING FOR THE BOARDS AND COMMISSIONS OF THE CITY OF COMMERCE CITY Council Member Madera excused themselves from the meeting at 7:05 PM A motion was made by Council Member Noble, seconded by Mayor Pro Tem Allen-Thomas, that this resolution be adopted. VOTE: 7 - Aye, 1 - Excused (Madera) Res 2022-97 A RESOLUTION DECLARING A VACANCY ON THE CITY COUNCIL OF THE CITY OF COMMERCE CITY AND DESIGNATING THE APPLICATION DEADLINE AND MATERIALS TO FILL THE VACANCY A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Hurst, that this resolution be adopted. VOICE VOTE: 7 - Aye, 1 - Excused (Madera) Res 2022-98 A RESOLUTION AUTHORIZING THE THIRD AMENDMENT TO THE INTERIM EMPLOYMENT AGREEMENT OF THE CITY ATTORNEY A motion was made by Council Member Hurst, seconded by Mayor Pro Tem Allen-Thomas, that this resolution be adopted. VOICE VOTE: 7 - Aye, 1 - Excused (Madera) 8. Ordinances on 1st Reading Ord 2390 FIRST READING OF AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COMMERCE CITY BY UPDATING THE ROAD IMPACT FEES BASED ON THE RECENT IMPACT FEE STUDY A motion was made by Council Member Hurst, seconded by Mayor Pro Tem Allen-Thomas, that this ordinance be continued. VOICE VOTE: 7 - Aye 1 - Excused (Madera) Ord 2391 FIRST READING OF AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COMMERCE CITY BY UPDATING THE DRAINAGE IMPACT FEES BASED ON THE RECENT IMPACT FEE STUDY Commerce City Page 3 City Council Meeting Minutes - Final October 3, 2022 A motion was made by Council Member Hurst, seconded by Mayor Pro Tem Allen-Thomas, that this ordinance be continued. VOICE VOTE: 7 - Aye 1 - Excused (Madera) Ord 2414 SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE 2022 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF AN OUTDOOR FITNESS COURT® AS PART OF THE 2022 NATIONAL FITNESS CAMPAIGN A motion was made by Council Member Hurst, seconded by Mayor Pro Tem Allen-Thomas, that this ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 7- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Davis, Council Member Noble, Council Member Hurst, Council Member Ford and Council Member Douglas Excused: 1- Council Member Madera Ord 2415 SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE 2022 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE ADAMS COUNTY OPEN SPACE GRANT FOR PARK RANGER E-BIKES IN THE AMOUNT OF $9,275 AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF. A motion was made by Mayor Pro Tem Allen-Thomas, 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 Allen-Thomas, Council Member Davis, Council Member Noble, Council Member Hurst, Council Member Ford and Council Member Douglas Excused: 1- Council Member Madera Ord 2416 SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE 2022 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE ADAMS COUNTY OPEN SPACE GRANT FOR SECOND CREEK FARM PARK IN THE AMOUNT OF $1,895,515.24 AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF. A motion was made by Council Member Hurst, seconded by Mayor Pro Tem Allen-Thomas, that this ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 6- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Davis, Council Member Noble, Council Member Hurst and Council Member Douglas Excused: 2- Council Member Madera and Council Member Ford Ord 2431 SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE COMMERCE CITY REVISED MUNICIPAL CODE BY ADDING A Commerce City Page 4 City Council Meeting Minutes - Final October 3, 2022 SECTION RESTRICTING UNAUTHORIZED URBAN CAMPING A motion was made by Council Member Hurst, seconded by Council Member Ford, that this ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 5- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Davis, Council Member Hurst and Council Member Ford Nay: 2- Council Member Noble and Council Member Douglas Excused: 1- Council Member Madera 9. Administrative Council Business A motion was made by Mayor Huseman, seconded by Mayor Pro Tem Allen-Thomas, to appoint Council Member Douglas to the alternate member position on the Commerce City Housing Authority Board. VOTE: 7 - Aye, 1 - Excused (Madera) 22-165 Ralston House Ciders & Sliders Sponsorship Request A motion was made by Council Member Hurst, seconded by Mayor Pro Tem Allen-Thomas, to support the Ralston House Ciders & Sliders event for $2,000. VOTE: 7 - Aye, 1 - Excused (Madera) 22-164 RTD Service Councils Participation Invitation A motion was made by Council Member Noble, seconded by Mayor Pro Tem Allen-Thomas, to require the staff member assigned to the RTD Service Council be a full-time resident of the City. VOTE: 7 - Aye, 1 - Excused (Madera) 10. Council Reports Acting City Manager Rogers highlighted items presented in their weekly report provided to council earlier. The mayor and council reported on their attendance at various meetings and events. 11. Executive Session 22-166 An executive session pursuant to C.R.S. sec. 24-6-402(4)(f)(I) for the purposes of discussing personnel matters, specifically the transfer of the Director of Human Resources. A motion was made by Council Member Hurst, seconded by Mayor Pro Tem Allen-Thomas, to enter into an executive session pursuant to C.R.S. sec. 24-6-402(4)(f)(I) for the purposes of discussing personnel matters, specifically the transfer of the Director of Human Resources. VOICE VOTE: 7 - Aye, 1 - Excused (Madera) 22-168 An executive session pursuant to C.R.S. 24-6-402(4)(a) & (e) for the purpose of discussing the acquisition of potential real property for expanded public safety facilities and determining positions relative to matters that may be subject to negotiations, developing strategy for Commerce City Page 5 City Council Meeting Minutes - Final October 3, 2022 negotiations, and instructing negotiators in association therewith. A motion was made by Council Member Hurst, seconded by Mayor Pro Tem Allen-Thomas, to enter into an executive session pursuant to C.R.S. 24-6-402(4) (a) & (e) for the purpose of discussing the acquisition of potential real property for expanded public safety facilities and determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and instructing negotiators in association therewith. VOICE VOTE: 7 - Aye, 1 - Excused (Madera) 22-172 An executive session pursuant to C.R.S. sec. 24-6-402(4)(b) for the purpose of conferring with the City Attorney to receive legal advice with regard to contractual matters involving the former Chief of Police, and if necessary, then also pursuant to C.R.S. sec 24-6-402(4)(e)(I) to instruct negotiators with regard to the same. A motion was made by Council Member Hurst, seconded by Mayor Pro Tem Allen-Thomas, to enter into an executive session pursuant to C.R.S. sec. 24-6-402(4)(b) for the purpose of conferring with the City Attorney to receive legal advice with regard to contractual matters involving the former Chief of Police, and if necessary, then also pursuant to C.R.S. sec 24-6-402(4)(e)(I) to instruct negotiators with regard to the same. VOICE VOTE: 7 - Aye, 1 - Excused (Madera) 12. Adjourn The meeting adjourned at 10:20 PM. In accord with the city charter, the city clerk read the title to all ordinances and resolutions adopted by Council at this meeting. _________________________________ Brittany Rios, Assistant 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, October 3, 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_770L ufIKStGGbUgd_OhiSg Regular Meeting. Times given are estimates only. Revised 10/2/2022 @ 11:30 AM. 1. Call to Order/Roll Call - 6:00 PM 2. Pledge of Allegiance 3. Citizen Communication 22-171 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, October 3rd. 4. Proclamations and Recognitions - 6:30 PM Proc 22-17 Proclamation Declaring October 7, 2022 as National Manufacturing Day in Commerce City, Colorado Attachments: Proclamation Proc 22-18 Proclamation Declaring October 2022 as Code Enforcement Month in Commerce City, Colorado Attachments: Proclamation Commerce City Page 1 Printed on 10/2/2022 City Council Meeting Agenda - Final-revised October 3, 2022 Proc 22-37 Proclamation Declaring October 2022 as Domestic Violence Awareness Month in Commerce City, Colorado Attachments: Proclamation Proc 22-38 Proclamation Declaring October 2022 as Breast Cancer Awareness and Prevention Month in Commerce City, Colorado Attachments: Proclamation 5. Noticed Council Business - 6:50 PM 22-155 Semi Trucks on Residential Streets 6. Presentations - 6:55 PM Pres 22-69 Environmental Policy & Oil and Gas Update Attachments: Council Communication Presentation 7. Resolutions - 7:10 PM Res 2022-96 A RESOLUTION ESTABLISHING MINIMUM BUDGETARY FUNDING FOR THE BOARDS AND COMMISSIONS OF THE CITY OF COMMERCE CITY Attachments: Council Communication Resolution 2022-96 Res 2022-97 A RESOLUTION DECLARING A VACANCY ON THE CITY COUNCIL OF THE CITY OF COMMERCE CITY AND DESIGNATING THE APPLICATION DEADLINE AND MATERIALS TO FILL THE VACANCY Attachments: Council Communication Resolution 2022-97 Charter Section 4.4-4.5 Council Policy #CP-21 Emailed Resignation of Council Member Grimes Res 2022-98 A RESOLUTION AUTHORIZING THE THIRD AMENDMENT TO THE INTERIM EMPLOYMENT AGREEMENT OF THE CITY ATTORNEY Attachments: Council Communication Resolution 2022-98 Exhibit A - Third Amendment to the Interim Employment Agreement 8. Ordinances on 1st Reading - 7:30 PM Commerce City Page 2 Printed on 10/2/2022 City Council Meeting Agenda - Final-revised October 3, 2022 Ord 2390 FIRST READING OF AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COMMERCE CITY BY UPDATING THE ROAD IMPACT FEES BASED ON THE RECENT IMPACT FEE STUDY Attachments: Council Communication Ordinance 2390 Directory of Fees Final Road Impact Fee Report Presentation Ord 2391 FIRST READING OF AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COMMERCE CITY BY UPDATING THE DRAINAGE IMPACT FEES BASED ON THE RECENT IMPACT FEE STUDY Attachments: Council Communication Ordinance 2391 Directory of Fees Impact Fee Study Updated Report Drainage Impact Fee Basins Presentation Ord 2414 FIRST READING OF AN ORDINANCE AMENDING THE 2022 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF AN OUTDOOR FITNESS COURT® AS PART OF THE 2022 NATIONAL FITNESS CAMPAIGN Attachments: Council Communication Ordinance 2414 Ord 2415 FIRST READING OF AN ORDINANCE AMENDING THE 2022 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE ADAMS COUNTY OPEN SPACE GRANT FOR PARK RANGER E-BIKES IN THE AMOUNT OF $9,275 AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF. Attachments: Council Communication Ordinance 2415 Commerce City Page 3 Printed on 10/2/2022 City Council Meeting Agenda - Final-revised October 3, 2022 Ord 2416 FIRST READING OF AN ORDINANCE AMENDING THE 2022 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE ADAMS COUNTY OPEN SPACE GRANT FOR SECOND CREEK FARM PARK IN THE AMOUNT OF $1,895,515.24 AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF. Attachments: Council Communication Ordinance 2416 Ord 2431 FIRST READING OF AN ORDINANCE AMENDING THE COMMERCE CITY REVISED MUNICIPAL CODE BY ADDING A SECTION RESTRICTING UNAUTHORIZED URBAN CAMPING Attachments: Council Communication Ordinance 2341 This item was continued from September 19, 2022. 9. Administrative Council Business - 8:20 PM 22-165 Ralston House Ciders & Sliders Sponsorship Request Attachments: Ralston House Ciders & Sliders Council Sponsorship Request 22-164 RTD Service Councils Participation Invitation Attachments: RTD Service Council Invitation 10. Council Reports - 8:30 PM 11. Executive Session - 8:40 PM 22-166 An executive session pursuant to C.R.S. sec. 24-6-402(4)(f)(I) for the purposes of discussing personnel matters, specifically the transfer of the Director of Human Resources. 22-168 An executive session pursuant to C.R.S. 24-6-402(4)(a) & (e) for the purpose of discussing the acquisition of potential real property for expanded public safety facilities and determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and instructing negotiators in association therewith. 22-172 An executive session pursuant to C.R.S. sec. 24-6-402(4)(b) for the purpose of conferring with the City Attorney to receive legal advice with regard to contractual matters involving the former Chief of Police, and if necessary, then also pursuant to C.R.S. sec 24-6-402(4)(e)(I) to instruct negotiators with regard to the same. 12. Adjourn - 9:40 PM Commerce City Page 4 Printed on 10/2/2022 City Council Meeting Agenda - Final-revised October 3, 2022 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 5 Printed on 10/2/2022

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