City Council

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, April 17, 2023 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_X0p-U3liRxqVwDh noUsoWA Regular Meeting Revised 4/17/2023 @ 12:00 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 April 17, 2023, at 6:00 PM. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Hurst, to excuse those members not present. VOTE: 8 - Aye, 1 - Excused (Madera) Present: 8 - Mayor Benjamin Huseman, Mayor Pro Tem Jennifer Allen-Thomas, Council Member Renee Millard-Chacon, Council Member Susan Noble, Council Member Craig Hurst, Council Member Craig Kim, 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. Approval of Agenda A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Ford, to adopt the agenda. VOTE: 8 - Aye, 1 - Excused (Madera) 4. Noticed Council Business Commerce City Page 1 City Council Meeting Minutes - Final April 17, 2023 23-085 Traffic Calming Measures A motion was made by Mayor Huseman, seconded by Mayor Pro Tem Allen-Thomas, to direct City staff to install speed tables on the streets adjacent to all schools in Commerce City; to use the speed tables as elevated cross-walks that will provide a safer means for children and other pedestrians to cross City streets walking to and from school; to have the tables installed before the 2023-2024 school year; to work with Adams County for schools in unincorporated portions of the County that serve students that live in Commerce City; and if necessary, provide the funding and project oversight for the installation of the speed tables. VOTE: 8 - Aye, 1 - Excused (Madera) A motion was made by Mayor Huseman, seconded by , to direct the City Manager 23-077 Moratorium for Marijuana Store Licenses in Ward 1 and 2 A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Ford, to direct the City Attorney to draft a resolution to establish a moratorium on new recreational and medical stores in Wards I and II for 12 months. VOTE: 8 - Aye, 1 - Excused (Madera) 23-081 Alsup Elementary Trip to Estes Park A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, to allocate $4,000 to Alsup Elementary for a school trip to Estes Park. VOTE: 8 - Aye, 1 - Excused (Madera) 23-083 City Council request to determine the appropriateness of a public hearing process pursuant to Land Development Code Sec. 21-3241(4) (d) for Case S-740-19-23 for Oakwood Homes requesting approval of the Reunion Village 8 Filing No. 1 Subdivision Final Plat to create 181 lots for an active adult residential development, consisting of 47 single family detached lots, 64 cluster lots, and 70 duplex lots. There are also 2 lots and 1 tract for future development; and 9 tracts for open space, utilities, access, and drainage. The property is generally located at the northeast corner of Blackhawk Street and E. 104th Avenue, and is zoned PUD (Planned Unit Development). A motion was made by Council Member Kim, seconded by Council Member Douglas, to have a public hearing before the planning commission and city council on case #S-740-19-23. VOTE: 8 - Aye, 1 - Excused (Madera) Commerce City Page 2 City Council Meeting Minutes - Final April 17, 2023 23-084 City Council request to determine the appropriateness of a public hearing process pursuant to Land Development Code Sec. 21-3241(4) (d) for Case S-833-23 for Enrique Perez requesting approval of the North Monaco Place Filing No. 2 subdivision plat to create two residential lots, each approximately 0.11 acres in size, from one existing lot, for a common wall duplex located at 6481 and 6483 E. 66th Ave, zoned Single-Family Attached Residential District (R-2). Council Member Kim withdrew their request. 5. Citizen Communication 23-078 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 17, 2023. Daniel Price spoke on the recent emissions and environmental impact of the Suncor Refinery. The following spoke on the hit-and-run accident that took the life of Kara Kincaid on April 11: Brandy Valdez Jojo Lopez Amanda Nohr Jennifer Blankenship Isabella Velasco Aliyah Acevedo Jackie Valdez Maria Zubia Maria Gonzalez Morgan Cullen spoke against the potential sprinkler requirement and development impact fee increases. 6. Proclamations and Recognitions Commerce City Page 3 City Council Meeting Minutes - Final April 17, 2023 Proc 23-05 Proclamation Declaring April 21, 2023 as Arbor Day in Commerce City Colorado Deputy City Clerk Roberts read the proclamation. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Hurst, that this Proclamation be approved. VOTE: Aye: 8- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Madera Proc 23-09 Proclamation Declaring May 2023 as National Nurses 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. VOTE: Aye: 8- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Madera Proc 23-29 Proclamation Declaring the Month of April 2023 as Sikh Awareness and Appreciation Month in Commerce City, Colorado Deputy City Clerk Roberts read the proclamation. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Douglas, that this Proclamation be approved. VOTE: Aye: 8- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Madera 7. Consent Agenda Council Member Noble requested the minutes for April 3, 2023 be removed from the consent agenda. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, to approve the Consent Agenda as amended. ROLL CALL VOTE: Aye: 8- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Madera Commerce City Page 4 City Council Meeting Minutes - Final April 17, 2023 Min 23-106 Minutes of the March 20, 2023 Regular Meeting Min 23-099 Minutes of the April 3, 2023 Regular Meeting A motion was made by Council Member Hurst, seconded by Council Member Ford, to approve the minutes. A motion was made by Council Member Noble, seconded by , to amend the motion to approve the minutes to be to consider the minutes during administrative council business. Vote: 8 - Aye, 1 - Excused (Madera) A motion was made by Council Member Noble, seconded by Council Member Douglas, to rescind their motion from the April 3, 2023 meeting. VOTE: 8 - Aye, 1 - Excused (Madera) A motion was made by Mayor Huseman, seconded by Mayor Pro Tem Allen-Thomas, that the Minutes be continued to a later meeting and to include a word-for-word transcription taken from the YouTube video from the meeting of the motion made that evening. VOTE: Aye: 8- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Madera Z-967-23 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 8442 UINTA STREET FROM AGRICULTURAL DISTRICT (AG) TO MEDIUM-INTENSITY INDUSTRIAL DISTRICT (I-2) Ord 2473 SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE 2023 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE WALMART LOCAL COMMUNITY GRANT IN THE AMOUNT OF $4,500 TO SUPPORT YOUTH SERVICES BIKE PROGRAMS AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF Ord 2504 SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE COMMERCE CITY REVISED MUNICIPAL CODE TO REVISE SECTION 2-2001 CONCERNING REGULAR MEETINGS AND STUDY SESSIONS; ADDING A NEW SECTION 2-2004 CONCERNING EMERGENCY MEETINGS; AND REPEALING AND REPLACING ORDINANCE 2291 Commerce City Page 5 City Council Meeting Minutes - Final April 17, 2023 Ord 2505 SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE 2023 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE COLORADO DEPARTMENT OF TRANSPORTATION GRANT IN THE AMOUNT OF $6,000 FOR CLICK IT OR TICKET AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF 8. Public Hearings CU-133-23 Doka USA is requesting the approval of a Conditional Use Permit in order to allow outdoor storage of scaffolding and related equipment up to 30-feet in height for the approx. 11.8 acre property located at 8780 E. 93rd Street, zoned (PUD) Marty Farms Planned Unit Development District. Mayor Huseman opened the public hearing. Omar Yusuf, City Planner, presented an overview of the conditional use permit request. Randal Wiggum, Division Chief for South Adams County Fire Protection District, spoke on the Fire Department's inspection and review of the site. Donald Winters, Area Manager for Doka USA, provided the applicants request for the conditional use permit. Mayor Huseman closed the public hearing. A motion was made by Council Member Hurst, seconded by Council Member Ford, that this Conditional Use Permit be approved. VOTE: Aye: 8- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Madera Commerce City Page 6 City Council Meeting Minutes - Final April 17, 2023 CU-91-10-15-23 CoreCivic is requesting approval of a Conditional Use Permit Renewal (CU-091-10-15-23) to allow the continued operation of an existing corrections facility at 4901 Krameria Street. Mayor Huseman opened the public hearing. Dalton Guerra, City Planner, provided an overview of the conditional use permit renewal. Greg Sadar, Deputy Police Chief, spoke on the police department's request that the corrections facility keep the restrictions on accepting sex offenders into the facility. Victoria Longstrom, and other staff from CoreCivic, provided the applicants request for the conditional use permit renewal. Mayor Huseman closed the public hearing. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, that this Conditional Use Permit renewed with the three conditions as recommended in the staff report. VOTE: Aye: 8- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Madera 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, April 17. Please contact the City Clerk to request paper copies of materials. 9. Ordinances on 1st Reading Ord 2448 SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COMMERCE CITY BY THE ADDITION OF A GENERAL GOVERNMENT FEE ON NEW DEVELOPMENT BASED OFF RECENT STUDIES OF THE SAME A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, 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 Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Madera Commerce City Page 7 City Council Meeting Minutes - Final April 17, 2023 Ord 2500 SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COMMERCE CITY BY THE ADDITION OF A PUBLIC WORKS FEE ON NEW DEVELOPMENT BASED OFF RECENT STUDIES OF THE SAME A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, 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 Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Madera Ord 2501 SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COMMERCE CITY BY THE ADDITION OF A PUBLIC SAFETY FEE ON NEW DEVELOPMENT BASED OFF RECENT STUDIES OF THE SAME A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, 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 Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Madera Ord 2502 SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COMMERCE CITY BY UPDATING THE PUBLIC PARK FEE BASED OFF RECENT STUDIES OF THE SAME A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, 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 Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Madera Commerce City Page 8 City Council Meeting Minutes - Final April 17, 2023 Ord 2475 SECOND AND FINAL READING OF AN ORDINANCE REPEALING AND REPLACING SECTION 2-3004 OF THE COMMERCE CITY REVISED MUNICIPAL CODE IN ORDER TO CONSOLIDATE PROVISIONS DEFINING THE BOARD OF BUILDING CODE APPEALS (BBCA) Brian Foley, Chief Building Officer, provided an overview of Ordinances 2475 through 2494. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, 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 Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Madera Ord 2476 SECOND AND FINAL READING OF AN ORDINANCE AMENDING CHAPTER 5, ARTICLE I OF THE COMMERCE CITY REVISED MUNICIPAL CODE WHICH ESTABLISHES THE 2021 COMMERCE CITY BUILDING CODE (C3BC) AND INCORPORATES THE 2021 EDITIONS OF THE INTERNATIONAL CODES AND THE 2023 NATIONAL ELECTRICAL CODE Brian Foley, Chief Building Officer, provided an overview of Ordinances 2475 through 2494. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, 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 Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Madera Ord 2477 SECOND AND FINAL READING OF AN ORDINANCE REPEALING AND REPLACING SECTION 5-21 OF THE COMMERCE CITY REVISED MUNICIPAL CODE TO UPDATE AND MODERNIZE PROVISIONS DEFINING THE BOARD OF BUILDING CODE APPEALS (BBCA) Brian Foley, Chief Building Officer, provided an overview of Ordinances 2475 through 2494. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, 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 Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Commerce City Page 9 City Council Meeting Minutes - Final April 17, 2023 Excused: 1- Council Member Madera Ord 2478 SECOND AND FINAL READING OF AN ORDINANCE REPEALING AND REPLACING CHAPTER 5, ARTICLE III OF THE COMMERCE CITY REVISED MUNICIPAL CODE WHICH REGULATES THE LICENSING AND REGISTRATION OF CONTRACTORS IN THE CITY Brian Foley, Chief Building Officer, provided an overview of Ordinances 2475 through 2494. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, 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 Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Madera Ord 2479 SECOND AND FINAL READING OF AN ORDINANCE REPEALING AND REPLACING CHAPTER 5, ARTICLE IV, DIVISION 1 OF THE COMMERCE CITY REVISED MUNICIPAL CODE WHICH DETAILS THE ADOPTION OF THE 2021 INTERNATIONAL BUILDING CODE (IBC) WITH CITY-CENTRIC AMENDMENTS Brian Foley, Chief Building Officer, provided an overview of Ordinances 2475 through 2494. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, 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 Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Madera Ord 2480 SECOND AND FINAL READING OF AN ORDINANCE REPEALING AND REPLACING CHAPTER 5, ARTICLE IV, DIVISION 2 OF THE COMMERCE CITY REVISED MUNICIPAL CODE WHICH DETAILS THE ADOPTION OF THE 2021 INTERNATIONAL RESIDENTIAL CODE (IRC) WITH CITY-CENTRIC AMENDMENTS Brian Foley, Chief Building Officer, provided an overview of Ordinances 2475 through 2494. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, 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 Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Commerce City Page 10 City Council Meeting Minutes - Final April 17, 2023 Excused: 1- Council Member Madera Ord 2481 SECOND AND FINAL READING OF AN ORDINANCE REPEALING AND REPLACING CHAPTER 5, ARTICLE IV, DIVISION 3 OF THE COMMERCE CITY REVISED MUNICIPAL CODE WHICH DETAILS THE ADOPTION OF THE 2021 INTERNATIONAL EXISTING BUILDING CODE (IEBC) WITH CITY-CENTRIC AMENDMENTS Brian Foley, Chief Building Officer, provided an overview of Ordinances 2475 through 2494. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, 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 Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Madera Ord 2482 SECOND AND FINAL READING OF AN ORDINANCE REPEALING AND REPLACING CHAPTER 5, ARTICLE IV, DIVISION 4 OF THE COMMERCE CITY REVISED MUNICIPAL CODE WHICH DETAILS THE ADOPTION OF THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE (IPMC) WITH CITY-CENTRIC AMENDMENTS Brian Foley, Chief Building Officer, provided an overview of Ordinances 2475 through 2494. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, 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 Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Madera Ord 2483 SECOND AND FINAL READING OF AN ORDINANCE REPEALING AND REPLACING CHAPTER 5, ARTICLE IV, DIVISION 5 OF THE COMMERCE CITY REVISED MUNICIPAL CODE WHICH DETAILS THE ADOPTION OF THE 2023 NATIONAL ELECTRICAL CODE (NEC) Brian Foley, Chief Building Officer, provided an overview of Ordinances 2475 through 2494. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, 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 Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Commerce City Page 11 City Council Meeting Minutes - Final April 17, 2023 Excused: 1- Council Member Madera Ord 2484 SECOND AND FINAL READING OF AN ORDINANCE REPEALING AND REPLACING CHAPTER 5, ARTICLE IV, DIVISION 6 OF THE COMMERCE CITY REVISED MUNICIPAL CODE WHICH DETAILS THE ADOPTION OF THE 2021 INTERNATIONAL PLUMBING CODE (IPC) WITH STATE-MANDATED AMENDMENTS Brian Foley, Chief Building Officer, provided an overview of Ordinances 2475 through 2494. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, 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 Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Madera Ord 2485 SECOND AND FINAL READING OF AN ORDINANCE REPEALING AND REPLACING CHAPTER 5, ARTICLE IV, DIVISION 7 OF THE COMMERCE CITY REVISED MUNICIPAL CODE WHICH DETAILS THE ADOPTION OF THE 2021 INTERNATIONAL MECHANICAL CODE (IMC) WITH CITY-CENTRIC AMENDMENTS Brian Foley, Chief Building Officer, provided an overview of Ordinances 2475 through 2494. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, 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 Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Madera Ord 2486 SECOND AND FINAL READING OF AN ORDINANCE REPEALING AND REPLACING CHAPTER 5, ARTICLE IV, DIVISION 8 OF THE COMMERCE CITY REVISED MUNICIPAL CODE WHICH DETAILS THE ADOPTION OF THE 2021 INTERNATIONAL FUEL GAS CODE (IFGC) WITH CITY-CENTRIC AMENDMENTS Brian Foley, Chief Building Officer, provided an overview of Ordinances 2475 through 2494. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, 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 Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Commerce City Page 12 City Council Meeting Minutes - Final April 17, 2023 Excused: 1- Council Member Madera Ord 2487 SECOND AND FINAL READING OF AN ORDINANCE REPEALING AND REPLACING CHAPTER 5, ARTICLE IV, DIVISION 9 OF THE COMMERCE CITY REVISED MUNICIPAL CODE WHICH DETAILS THE ADOPTION OF THE 2021 INTERNATIONAL ENERGY CONSERVATION CODE (IECC) WITH CITY-CENTRIC AMENDMENTS Brian Foley, Chief Building Officer, provided an overview of Ordinances 2475 through 2494. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, 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 Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Madera Ord 2488 SECOND AND FINAL READING OF AN ORDINANCE REPEALING AND REPLACING CHAPTER 5, ARTICLE IV, DIVISION 10 OF THE COMMERCE CITY REVISED MUNICIPAL CODE WHICH DETAILS THE ADOPTION OF THE 2021 INTERNATIONAL FIRE CODE (IFC) WITH CITY-CENTRIC AMENDMENTS Brian Foley, Chief Building Officer, provided an overview of Ordinances 2475 through 2494. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, 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 Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Madera Ord 2489 SECOND AND FINAL READING OF AN ORDINANCE REPEALING AND REPLACING CHAPTER 5, ARTICLE IV, DIVISION 11 OF THE COMMERCE CITY REVISED MUNICIPAL CODE WHICH DETAILS THE ADOPTION OF THE 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE (ISPSC) WITH CITY-CENTRIC AMENDMENTS Brian Foley, Chief Building Officer, provided an overview of Ordinances 2475 through 2494. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, 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 Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Commerce City Page 13 City Council Meeting Minutes - Final April 17, 2023 Excused: 1- Council Member Madera Ord 2490 SECOND AND FINAL READING OF AN ORDINANCE TO CREATE CHAPTER 5, ARTICLE IV, DIVISION 12 OF THE COMMERCE CITY REVISED MUNICIPAL CODE WHICH DETAILS THE ADOPTION OF THE 2021 INTERNATIONAL PRIVATE SEWAGE DISPOSAL CODE (IPSDC) WITH CITY-CENTRIC AMENDMENTS Brian Foley, Chief Building Officer, provided an overview of Ordinances 2475 through 2494. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, 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 Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Madera Ord 2491 SECOND AND FINAL READING OF AN ORDINANCE TO CREATE CHAPTER 5, ARTICLE IV, DIVISION 13 OF THE COMMERCE CITY REVISED MUNICIPAL CODE WHICH DETAILS THE ADOPTION OF THE 2021 INTERNATIONAL GREEN CONSTRUCTION CODE (IGCC) WITH CITY-CENTRIC AMENDMENTS Brian Foley, Chief Building Officer, provided an overview of Ordinances 2475 through 2494. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, 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 Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Madera Ord 2492 SECOND AND FINAL READING OF AN ORDINANCE REPEALING AND REPLACING CHAPTER 5, ARTICLE V OF THE COMMERCE CITY REVISED MUNICIPAL CODE TO UPDATE PROVISIONS FOR VIOLATIONS OF THE CITY OF COMMERCE CITY BUILDING CODE (C3BC) Brian Foley, Chief Building Officer, provided an overview of Ordinances 2475 through 2494. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, 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 Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Commerce City Page 14 City Council Meeting Minutes - Final April 17, 2023 Excused: 1- Council Member Madera Ord 2493 SECOND AND FINAL READING OF AN ORDINANCE TO CREATE ARTICLE VI OF CHAPTER 5 OF THE COMMERCE CITY REVISED MUNICIPAL CODE TO CONSOLIDATE THE PROVISIONS WHICH REGULATE HOW FEES ARE CALCULATED FOR PERMITS ASSOCIATED WITH THE COMMERCE CITY BUILDING CODE (C3BC) Brian Foley, Chief Building Officer, provided an overview of Ordinances 2475 through 2494. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, 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 Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Madera Ord 2494 SECOND AND FINAL READING OF AN ORDINANCE TO CREATE ARTICLE VII OF CHAPTER 5 OF THE COMMERCE CITY REVISED MUNICIPAL CODE TO ESTABLISH PROVISIONS WHICH REGULATE THIRD-PARTY PLAN REVIEW AND INSPECTION SERVICES ENFORCING THE CITY OF COMMERCE CITY BUILDING CODE (C3BC) ON BEHALF OF THE CITY Brian Foley, Chief Building Officer, provided an overview of Ordinances 2475 through 2494. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, 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 Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Madera Commerce City Page 15 City Council Meeting Minutes - Final April 17, 2023 10. Administrative Council Business A motion was made by Council Member Douglas, seconded by Council Member Chacon, to direct staff to contribute $500 to the Youth Commission members for name tags. Motion withdrawn. A motion was made by Council Member Noble, seconded by Council Member Chacon, for staff assistance, preparation, marketing, and reserved community rooms for Ward town halls to be held in each of the four Wards no later than the end of the second quarter of 2023 with Ward Council members to discuss redistricting and any other community topics. VOTE: 8 - Aye, 1 - Excused (Madera) A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, to extend the automatic time of adjournment by ninety minutes. VOTE: 8 - Aye, 1 - Excused (Madera) 23-075 Draft DRCOG Letter of Support A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Noble, to approve the letter and for the Mayor to affix their signature to the letter. VOTE: 8 - Aye, 1 - Excused (Madera) 11. Council Reports 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. A motion was made by Council Member Noble, seconded by Mayor Pro Tem Allen-Thomas, to revisit administrative council business. VOTE: 8 - Aye, 1 - Excused (Madera) A motion was made by Council Member Chacon, seconded by Council Member Noble, to support environmental justice task force recommendations that there should be a single, standardized, statutory of "d.i. communities" that includes all of the same factors for all of the state agencies to recommend to CDPHE for their draft change. VOTE: 7 - Aye, 1 - Abstain (Hurst), 1 - Excused (Madera) 23-079 Review of Work Schedule City Manager Rogers reviewed the upcoming agenda items with Council. 12. Executive Session Commerce City Page 16 City Council Meeting Minutes - Final April 17, 2023 23-072 An executive session of the City Council pursuant to C.R.S. sections 24-6-402(4)(a) and (4)(e)(I) for the purposes of discussing the acquisition or lease of certain real property as a potential location for a Criminal Justice Center and for determining positions subject to negotiations, developing strategies for negotiations, and instructing negotiators with regard to a potential acquisition or lease for such property. 23-073 An executive session of the City Council, pursuant to C.R.S. sections 24-6-402(4)(f)(I) & (e)(I), for the purpose of discussing personnel matters specifically related to the recruitment of a city attorney and for instructing negotiators with regard to the same. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, to approve Resolution 2023-053. VOTE: 8 - Aye, 1 - Excused (Madera) Resolution 2023-053 was not included in the agenda packet and Mayor Huseman read the proclamation in full. A motion was made by Council Member Hurst, seconded by Mayor Pro Tem Allen-Thomas, to enter into an executive session of the City Council, pursuant to C.R.S. sections 24-6-402(4)(f)(I) & (e)(I), for the purpose of discussing personnel matters specifically related to the recruitment of a city attorney and for instructing negotiators with regard to the same. VOTE: Aye: 8- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Madera Res 2023-053 A RESOLUTION APPROVING FIRST AMENDMENT TO EMPLOYMENT AGREEMENT OF INTERIM CITY ATTORNEY 13. Adjourn A motion was made by Council Member Ford, seconded by Council Member Hurst, to adjourn the meeting. VOTE: 8 - Aye, 1 - Excused (Madera) The meeting adjourned at 10:56 PM. In accord with the city charter, the city clerk read the title to all ordinances and resolutions adopted by Council at this meeting. ________________________________ Dylan A. Gibson, City Clerk 23-082 City Manager Update 23-066 City Council Policies Commerce City Page 17 City Council Meeting Minutes - Final April 17, 2023 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 18