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City Council

Regular Meeting

Commerce City, CO · November 7, 2022

AgendaMinutes

Minutes

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, November 7, 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_A1N-H9H8SVu7Fn Qt4pF3IA Regular Meeting 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 November 7, 2022, at 6:00 PM. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Madera, to excuse those members not present. VOTE: 7 - Aye, 1 - Excused (Ford) 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 Craig Kim and Council Member Kristi Douglas Excused: 1 - Council Member Sean Ford 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Citizen Communication 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, November 7, 2022. Ronna Sanchez spoke on the Reunion Metro District Funding. Ariane Mullen spoke on homelessness in the city. Joy Bishop spoke on the speed limit along 60th Avenue. Commerce City Page 1 City Council Meeting Minutes - Final November 7, 2022 Steve Douglas commented on Resolution 2022-81. 4. Proclamations and Recognitions Land Acknowledgement and Proclamation Declaring November 2022 as Native American Heritage Month in Commerce City, Colorado Iona LongSoldier, Diversity, Equity, and Inclusion Commission Member, read the proclamation. A motion was made by Council Member Douglas, seconded by Council Member Hurst, 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 Kim and Council Member Douglas Excused: 1- Council Member Ford Recognition of Lifesaving Efforts by Recreation Staff Chad Redin, Deputy Director of Parks and Recreation, recognized Eagle Pointe Recreation Center staff that performed life saving efforts. 5. Noticed Council Business City Policy regarding Abatement of Urban Encampments A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Hurst, to amend the agenda to have the discussion of the administrative business item to occur during the same discussion on Ordinance 2431. VOTE: Aye: 8- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Madera, Council Member Davis, Council Member Noble, Council Member Hurst, Council Member Kim and Council Member Douglas Excused: 1- Council Member Ford 6. Presentations Environmental Planning Policy and Oil and Gas Monthly Update Dr. Rosemarie Russo, Environmental and Sustainability Planner, gave the presentation. Intern Meet and Greet Doreen Falcon, Human Resources Manager, introduced City interns. SWAT BearCat Overview Kirk Dominic, Emergency Manager, gave the presentation. Commerce City Page 2 City Council Meeting Minutes - Final November 7, 2022 7. Consent Agenda A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Madera, 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 Kim and Council Member Douglas Excused: 1- Council Member Ford Minutes of the October 17, 2022 Regular Meeting. Minutes of the October 24, 2022 Special Meeting SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO BY REZONING THE PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF E. 48th AVENUE AND IVY STREET FROM AGRICULTURAL DISTRICT (AG) TO MEDIUM INTENSITY INDUSTRIAL DISTRICT (I-2). 8. Public Hearings A RESOLUTION ADOPTING THE BUDGET FOR THE CITY OF COMMERCE CITY, COLORADO FOR THE YEAR 2023 AND PROVIDING FOR 2022 COMMERCE CITY TAX LEVY Mayor Huseman re-opened the public hearing. Steve Douglas spoke on 2023 capital improvement preservation projects. Mayor Huseman closed the public hearing. 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 Kim and Council Member Douglas Excused: 1- Council Member Ford Commerce City Page 3 City Council Meeting Minutes - Final November 7, 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 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, November 7, 2022. Please contact the City Clerk to request paper copies of materials. 9. Resolutions Council Member Davis exits the meeting, approximately at 8:13 PM. A RESOLUTION AUTHORIZING A COST SHARE AGREEMENT BETWEEN REUNION METROPOLITAN DISTRICT (“REUNION”) AND THE CITY OF COMMERCE CITY FOR CHAMBERS ROAD IMPROVEMENTS FROM 104TH AVENUE TO 117TH AVENUE A motion was made by Council Member Madera, seconded by Council Member Hurst, that this Resolution be adopted. VOICE VOTE: Aye: 2- Council Member Madera and Council Member Hurst Nay: 5- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Noble, Council Member Kim and Council Member Douglas Excused: 2- Council Member Davis and Council Member Ford 10. Ordinances on 1st Reading FIRST READING OF AN ORDINANCE ENACTING A NEW CHAPTER 13 - METROPOLITAN DISTRICTS OF THE COMMERCE CITY REVISED MUNICIPAL CODE A motion was made by Council Member Madera, seconded by Mayor Huseman, to have the city attorney to research legal liability of passing such an ordinance. VOTE: 6 - Aye, 1 - Nay (Hurst), 2 - Excused (Davis, Ford) A motion was made by Council Member Kim, seconded by Noble, to direct city attorney staff to draft an ordinance creating a moratorium on the creation of new metropolitan districts within Commerce City for a period of one year. The moratorium shall automatically renew unless rescinded by the City Council one year from the date of the ordinance passing and every year thereafter. Aye: 5- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Noble, Council Member Kim and Council Member Douglas Nay: 2- Council Member Madera and Council Member Hurst Excused: 2- Council Member Davis and Council Member Ford 11. Ordinances on 2nd Reading Commerce City Page 4 City Council Meeting Minutes - Final November 7, 2022 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 Mayor Huseman, seconded Council Member Madera, to correct a typo in Ordinance 2431 "Section 6. Effective Date" to change the reference therein from Section 2 to Section 3. VOTE: 6 - Aye, 1 - Nay (Douglas), 2 - Excused (Davis, Ford) A motion was made by Council Member Madera, seconded by Council Member Hurst, that this Ordinance be approved on second & final reading. VOTE: Aye: 6- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Madera, Council Member Noble, Council Member Hurst and Council Member Kim Nay: 1- Council Member Douglas Excused: 2- Council Member Davis and Council Member Ford 12. Administrative Council Business A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Hurst, to direct the City Manager to hold a study session to discuss the noise ordinance in Commerce City. VOTE: 7- Aye, 2 - Excused (Davis, Ford) A motion was made by Council Member Madera, seconded by Council Member Kim, to direct the City Manager to give a recognition gift to the Recreation Staff for their lifesaving efforts. VOTE: 7- Aye, 2 - Excused (Davis, Ford) A motion was made by Council Member Noble, seconded by Mayor Pro Tem Allen-Thomas, to have Cases #S-814-22 and #S-774-22 called up for public hearing by the City Council. VOTE: 6 - Aye, 1 - Nay (Madera), 2 - Excused (Davis, Ford) A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Noble, to extend the automatic adjournment time of the meeting by thirty minutes. VOTE: 7 - Aye, 2 - Excused (Davis, Ford) 13. Council Reports 14. Executive Session 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 Public Safety and the Acting Police Chief. The executive session was not held. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Hurst, to allow the Interim City Manager to move the Acting Chief of Police back to Deputy Chief of Police and move the Director of Public Safety to Chief of Police. VOTE: 7 - Aye, 2 - Excused (Davis, Ford) 15. Adjourn Commerce City Page 5 City Council Meeting Minutes - Final November 7, 2022 The meeting adjourned at 10:36 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 City Council Monday, November 7, 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_A1N- H9H8SVu7FnQt4pF3IA Regular Meeting 1. Call to Order/Roll Call - 6:00 PM 2. Pledge of Allegiance 3. Citizen Communication 22-180 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, November 7, 2022. Attachments: Written Comments 4. Proclamations and Recognitions - 6:30 PM Proc 22-42 Land Acknowledgement and Proclamation Declaring November 2022 as Native American Heritage Month in Commerce City, Colorado Attachments: Proclamation 22-186 Recognition of Lifesaving Efforts by Recreation Staff 5. Noticed Council Business - 6:40 PM 22-187 City Policy regarding Abatement of Urban Encampments Commerce City Page 1 Printed on 11/7/2022 City Council Meeting Agenda - Final November 7, 2022 6. Presentations - 6:45 PM Pres 22-70 Environmental Planning Policy and Oil and Gas Monthly Update Attachments: Council Communication Monthly Update Pres 22-605 Intern Meet and Greet Attachments: Memo Pres 22-607 SWAT BearCat Overview Attachments: Presentation 7. Consent Agenda - 7:35 PM Min 22-296 Minutes of the October 17, 2022 Regular Meeting. Attachments: Minutes Min 22-293 Minutes of the October 24, 2022 Special Meeting Attachments: Minutes Commerce City Page 2 Printed on 11/7/2022 City Council Meeting Agenda - Final November 7, 2022 Z-983-22 SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO BY REZONING THE PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF E. 48th AVENUE AND IVY STREET FROM AGRICULTURAL DISTRICT (AG) TO MEDIUM INTENSITY INDUSTRIAL DISTRICT (I-2). Attachments: Council Communication Ordinance Exhibit A Staff Report Staff Memo Vicinity Map Applicant Narrative Concept Plan Traffic Study EPA Approved Work Plan Notice of Environmental Use Restriction Parcel 1 Notice of Environmental Use Restriction Parcel 2 Legal Notice PC Meeting Minutes Agency Review Comments Staff Presentation Applicant Presentation 8. Public Hearings - 7:40 PM Res 2022-38 A RESOLUTION ADOPTING THE BUDGET FOR THE CITY OF COMMERCE CITY, COLORADO FOR THE YEAR 2023 AND PROVIDING FOR 2022 COMMERCE CITY TAX LEVY Attachments: Council Communication Resolution Final Hearing City Budget Continued from October 17, 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 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, November 7, 2022. Please contact the City Clerk to request paper copies of materials. Commerce City Page 3 Printed on 11/7/2022 City Council Meeting Agenda - Final November 7, 2022 9. Resolutions - 7:45 PM Res 2022-81 A RESOLUTION AUTHORIZING A COST SHARE AGREEMENT BETWEEN REUNION METROPOLITAN DISTRICT (“REUNION”) AND THE CITY OF COMMERCE CITY FOR CHAMBERS ROAD IMPROVEMENTS FROM 104TH AVENUE TO 117TH AVENUE Attachments: Council Communication Resolution Exhibits Presentation 1 Presentation 2 Letter from Metro District 10. Ordinances on 1st Reading - 7:50 PM Ord 2450 FIRST READING OF AN ORDINANCE ENACTING A NEW CHAPTER 13 - METROPOLITAN DISTRICTS OF THE COMMERCE CITY REVISED MUNICIPAL CODE Attachments: Council Communication Ordinance Presentation EPS White Paper Multiple District Model Service Plan - Redline Comparison Ordinance 2450 Redline Single District Model Service Plan Red Line Comparison Model Service Plan - Multiple District Model Service Plan - Single District Language for Proposed Amendments 11. Ordinances on 2nd Reading - 8:50 PM Ord 2431 SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE COMMERCE CITY REVISED MUNICIPAL CODE BY ADDING A SECTION RESTRICTING UNAUTHORIZED URBAN CAMPING Attachments: Council Communication Ordinance 12. Administrative Council Business - 8:55 PM 13. Council Reports - 9:05 PM Commerce City Page 4 Printed on 11/7/2022 City Council Meeting Agenda - Final November 7, 2022 14. Executive Session - 9:15 PM 22-184 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 Public Safety and the Acting Police Chief. 15. Adjourn - 9:20 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 5 Printed on 11/7/2022

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