City Council

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, May 15, 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_iaYlZS1YSIyy_y1L R-r1YQ Regular meeting - Revised as of Monday, May 15th at 12:00 PM Times given are estimates only 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 May 15, 2023, at 6:00 PM. 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 Madera, to amend the agenda to continue the public hearing for Resolution 2023-062 to June 5, 2023. VOTE: Unanimous, all present affirmed. 4. Citizen Communication 23-104 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, May 15, 2023. Rene Bullock, Executive Director of Commerce City Chamber of Commerce, invited Council to the Chamber’s informational meeting on running for City Council. Commerce City Page 1 City Council Meeting Minutes - Final May 15, 2023 5. Public Hearings 23-090 Public Hearings on Ordinances 2475-2494 Pursuant to Commerce City Charter Sec. 5.11(b) Morgan Cullen, representing the Home Builders Association of Metro Denver, spoke on the fire sprinkler mandate of residential homes in Ordinance 2480 and proposed impact fee increases. 6. Proclamations and Recognitions Proc 23-06 Proclamation Declaring May 21-27, 2022 as Commerce City’s Public Works Week A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Noble, that this Proclamation be approved. VOICE VOTE: Unanimous, all present affirmed. Proc 23-10 Proclamation Declaring May 20, 2023 as Kids to Parks Day in Commerce City, Colorado A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, that this Proclamation be approved. VOICE VOTE: Unanimous, all present affirmed. Proc 23-23 Proclamation Recognizing the 2023 Commerce City Civic Academy Cohort A motion was made by Council Member Hurst, seconded by Council Member Noble, that this Proclamation be approved. VOICE VOTE: Unanimous, all present affirmed. 7. Consent Agenda Council Member Hurst requested to remove Ordinance 2488. Council Member Ford requested to remove 2480. Council Member Noble request to remove 2476. Council Member Douglas requested to remove Z-962-20-23. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Noble, to approve the Consent Agenda as amended. ROLL CALL VOTE: Aye: 9- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Madera, Council Member Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Min 23-131 Minutes of the May 1, 2023 Regular Meeting Min 23-137 Minutes of the May 8, 2023 Special Meeting Commerce City Page 2 City Council Meeting Minutes - Final May 15, 2023 AN-258-23 SECOND AND FINAL READING OF AN ORDINANCE ANNEXING THE PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF EAST 81ST AVENUE AND TOWER ROAD TO THE CITY OF COMMERCE CITY, COLORADO, IN CASE AN-258-23, KNOWN AS THE QUIKTRIP ANNEXATION Z-962-20-23 SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO BY ZONING THE PROPERTY ANNEXED AS THE QUIKTRIP ANNEXATION FROM ADAMS COUNTY A-3, AGRICULTURE TO A PUD ZONE DISTRICT AND APPROVING A PUD ZONE DOCUMENT A motion was made by Council Member Douglas, seconded by Council Member Noble, to amend Ordinance Z-962-20-23 to require a public hearing on the PUD permit by the City Council. VOTE: 3 – Aye (Allen-Thomas, Douglas, Noble), 6 – Nay. Motion failed. A motion was made by Council Member Ford, 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 Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas 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 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) Commerce City Page 3 City Council Meeting Minutes - Final May 15, 2023 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 A motion was made by Council Member Noble, seconded by Council Member Douglas, to amend Ordinance 2476 Section to change Section 5-4 of Article I to allow an application for a building permit to the City one year after the effective date of the 2021 C3BC to comply with the provisions of this code, with the exception of the provisions of the 2021 International Residential Code for which applicants have six months within which to comply with this code. Pursuant to Charter Sec. 5.3(f), Interim City Attorney Geiger read the full text of the amendment as follows: “Sec. 5-4. – When applicable. Construction for which a permit application is submitted to the city six months after the effective date of the 2021 C3BC shall comply with the provisions of this code. The applicant for a permit submitted during the six-month period beginning on the effective date of the 2021 edition of the C3BC shall be permitted to choose whether to comply with all of the technical provisions of the 2021 C3BC or the edition in effect immediately prior to the 2021 edition. Applicants for permits designed in accordance with the International Building Code shall be permitted one year after the effective date of the 2021 C3BC to comply with the provisions of this code. Existing buildings and structures shall comply with the provisions of this code related to the City of Commerce City Property Maintenance and Fire Codes on the effective date of the 2021 edition of the C3BC.” VOTE: 6 – Aye, 3 – Nay (Ford, Hurst, Madera) A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Millard-Chacon, that this Ordinance be approved on second & final readingVOTE: Aye: 6- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Millard-Chacon, Council Member Noble, Council Member Kim and Council Member Douglas Nay: 3- Council Member Madera, Council Member Hurst and Council Member Ford 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) Commerce City Page 4 City Council Meeting Minutes - Final May 15, 2023 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 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 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 A motion was made by Council Member Ford, seconded by Council Member Madera, to amend Ordinance 2480 to remove the fire sprinkler requirements in single family homes. VOTE: 3 – Aye (Ford, Hurst, Madera), 6 – Nay. Motion failed. A motion was made by Council Member Madera, seconded by Council Member Noble, that this Ordinance be approved on second & final reading. VOTE: Aye: 6- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Millard-Chacon, Council Member Noble, Council Member Kim and Council Member Douglas Nay: 3- Council Member Madera, Council Member Hurst and Council Member Ford 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 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 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) Commerce City Page 5 City Council Meeting Minutes - Final May 15, 2023 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 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 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 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 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 A motion was made by Mayor Pro Tem Allen-Thomas, 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 Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas 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 Commerce City Page 6 City Council Meeting Minutes - Final May 15, 2023 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 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 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) 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) 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 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 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 Commerce City Page 7 City Council Meeting Minutes - Final May 15, 2023 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 Ord 2506 SECOND AND FINAL READING OF AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 2 OF THE COMMERCE CITY REVISED MUNICIPAL CODE TO PROVIDE FOR CAMPAIGN FINANCE REGULATIONS Res 2023-021 A RESOLUTION AUTHORIZING AWARD OF A CONTRACT FOR DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR THE HIGHWAY 2 MEDIAN IMPROVEMENT PROJECT BETWEEN E. 72ND AVE. AND E. 112TH AVE. TO EST, INC. Res 2023-046 A RESOLUTION AUTHORIZING THE FIRST AMENDMENT TO THE GALLOWAY AND COMPANY PROFESSIONAL SERVICES AGREEMENT Res 2023-047 A RESOLUTION AUTHORIZING RENEWAL OF MICROSOFT ENTERPRISE AGREEMENT FOR THE PURCHASE AND USE OF MICROSOFT PRODUCTS, SOFTWARE AND SERVICES Res 2023-052 A RESOLUTION AUTHORIZING THE SECOND AMENDMENT OF THE CONTRACT FOR RIGHT-OF-WAY LANDSCAPE MAINTENANCE AND REPAIR SERVICES WITH SIERRA LANDSCAPING AND MAINTENANCE Res 2023-054 A RESOLUTION AWARDING A CONTRACT FOR THE 2023 PAVEMENT MANAGEMENT PROGRAM TO BRANNAN SAND AND GRAVEL, LLC. Res 2023-055 A RESOLUTION AWARDING THE 2023 CONCRETE FLATWORK REPLACEMENT AND REPAIR PROJECT TO SILVA CONSTRUCTION, INC. Res 2023-058 A RESOLUTION APPOINTING MEMBERS TO DESIGNATED BOARDS AND COMMISSIONS OF THE CITY OF COMMERCE CITY Res 2023-061 A RESOLUTION UPDATING CERTAIN USER AND IMPACT FEES BASED OFF RECENT STUDIES OF THE SAME 8. Public Hearings Commerce City Page 8 City Council Meeting Minutes - Final May 15, 2023 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, May 15. Please contact the City Clerk to request paper copies of materials. CU-130-23 Waste Connections is requesting approval of a Conditional Use Permit (CU-130-23) to allow recycling facilities in an I-3 zone district. Mayor Huseman opened the public hearing. Libby Tart, City Planner, presented Case #CU-130-23. Barrett Jensen, Government Affairs Manager for Waste Connections, presented the applicants request. Elizabeth Chapman spoke in favor of the case. Tay Dunklee spoke in the favor of the case. Mayor Huseman closed the public hearing. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, to add a seventh condition that the security plan be submitted to staff to include 24-hour monitoring of the site. VOTE: Unanimous, all present affirmed. A motion was made by Council Member Kim, seconded by Mayor Pro Tem Allen-Thomas, that this Conditional Use Permit be approved with seven conditions. VOICE VOTE: Unanimous, all present affirmed. Res 2023-062 A RESOLUTION APPROVING LEEPER INDUSTRIAL PARK, AMENDMENT NO. 1 TO CREATE ONE LOT FROM TWO EXISTING PARCELS, CONSISTING OF APPROXIMATELY 20.587 ACRES, LOCATED GENERALLY AT 3741 E. 64th AVENUE AND 3801 E. 64th AVENUE, GENERALLY THE NORTHEAST CORNER OF MONROE STREET AND EAST 64TH AVENUE Commerce City Page 9 City Council Meeting Minutes - Final May 15, 2023 Z-544-91-94-23 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 3741 E. 64th AVENUE FROM HEAVY-INTENSITY INDUSTRIAL WITH CONDITIONS (I-3 WITH CONDITIONS) TO HEAVY-INTENSITY INDUSTRIAL (I-3) Mayor Huseman opened the consolidated public hearings on Cases #Z-544-91-94-23 and #Z-994-23. Stacy Wassinger, City Planner, presented cases #Z-544-91-94-23 and #Z-994-23. David Brehm, Tucker Robinson, and Patrick Pritchard, representing the applicant, presented the applicants request. There was no public testimony. Mayor Huseman closed the public hearing. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Kim, to approve the findings and recommendations of the planning commission on Case #Z-544-91-94-23. VOTE: Unanimous, all present affirmed. A motion was made by Council Member Hurst, seconded by Mayor Pro Tem Allen-Thomas, that this Zoning Ordinances be introduced by council as seated and approved on first reading. VOTE: Aye: 9- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Madera, Council Member Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Z-994-23 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 3801 E. 64TH AVENUE FROM AGRICULTURAL (AG) TO HEAVY-INTENSITY INDUSTRIAL (I-3) A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Hurst, to accept the findings and recommendations of the planning commission on Case #Z-994-23. VOTE: Unanimous, all present affirmed. A motion was made by Council Member Kim, seconded by Council Member Hurst, to extend the automatic time of adjournment by 90 minutes. 8 – Aye, 1 – Nay (Madera) A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, that this Zoning Ordinances be introduced by council as seated and approved on first reading. VOTE: Aye: 9- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Madera, 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 May 15, 2023 9. Ordinances on 1st Reading Ord 2509 SECOND AND FINAL READING OF AN ORDINANCE TO AMEND COMMERCE CITY REVISED MUNICIPAL CODE (CCRMC) SECTION 12-4003 TO COMPLY WITH STATE V. MORENO, 2022 CO 15, CASE NO. 21SA181 (2022) A motion was made by Council Member Kim, seconded by Mayor Pro Tem Allen-Thomas, that this Ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 9- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Madera, Council Member Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Ord 2521 SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE 2023 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE DEPARTMENT OF JUSTICE JAG/BYRNE GRANT FUNDS IN THE AMOUNT OF $29,001 AND THE AUTHORIZATION OF THE EXPENDITURES THEREOF. 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: 9- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Madera, Council Member Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas Ord 2522 FIRST AND FINAL READING OF AN EMERGENCY ORDINANCE TO AMEND COMMERCE CITY REVISED MUNICIPAL CODE (CCRMC) SECTION 1-3003(e) INCREASING THE PENALTIES FOR FIREWORKS VIOLATIONS A motion was made by Council Member Noble, seconded by Mayor Pro Tem Allen-Thomas, that this Ordinance with Option 2 be introduced by Council as seated and approve on first and final reading as an emergency ordinance. VOTE: Aye: 9- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Madera, 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 May 15, 2023 Ord 2523 SECOND AND FINAL READING OF AN ORDINANCE AMENDING COMMERCE CITY REVISED MUNICIPAL CODE (CCRMC) SECTION 2-2001 TO INCREASE THE NUMBER OF REGULAR CITY COUNCIL MEETINGS FROM TWO TO THREE A MONTH AND DECREASE THE NUMBER OF STUDY SESSIONS FROM TWO TO ONE A MONTH 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: 9- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Madera, Council Member Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim, Council Member Ford and Council Member Douglas 10. Administrative Council Business A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Douglas, to direct staff to work with Suncor and the Colorado Department of Public Health and Environment on developing a legally authorized and permissible manner for the City to participate in the monitoring of stormwater into bodies of water within the City or compliance with relevant permits and bring such information to a study session and the information be added to Dr. Russo’s reports. VOTE: 9 – Aye 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. 23-107 Review of Work Schedule 12. Executive Session 23-103 An executive session pursuant to C.R.S. 24-6-402(4)(e) for the purpose of determining position relative to matters that may be subject to negotiations concerning incentives for three potential economic development projects within the city. A motion was made by Council Member Hurst, seconded by Council Member Kim, to enter into an executive session pursuant to C.R.S. 24-6-402(4)(e) for the purpose of determining position relative to matters that may be subject to negotiations concerning incentives for three potential economic development projects within the city. VOICE VOTE: Unanimous, all present affirmed. Commerce City Page 12 City Council Meeting Minutes - Final May 15, 2023 13. Adjourn A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, to automatically adjourn the meeting following the executive session. VOTE: 9 – Aye The meeting adjourned at 11:24 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 23-105 City Council Policies 23-106 City Manager Update 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 13