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City Council

Regular Meeting

Commerce City, CO · June 12, 2023

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Minutes

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, June 12, 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_Pq2Y_sN-TwabOi KqedHyRw Revised 6/10/2023 @ 6:00 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 June 12, 2023, at 6:00 PM. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Ford, to excuse Council Member Hurst. VOTE: 7 - Aye, 1- Excused (Hurst), 1 - Absent (Madera) A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Ford, to excuse Council Member Madera. VOTE: 1 - Aye (Ford), 6 - Nay, 1 - Excused (Hurst), 1 - Absent (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 Absent: 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 Kim, approve the agenda. VOTE: 7- Aye, 1 - Excused (Hurst), 1 - Absent (Madera) 4. Citizen Communication Commerce City Page 1 City Council Meeting Minutes - Final June 12, 2023 23-132 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, June 12, 2023. There was no citizen communication. 5. Presentations Pres 23-330 Latino Engagement Taskforce Presentation Alondra Gonzalez Carillo introduced the Latino Engagement Taskforce. Council Member Hurst entered the meeting at 6:09 p.m. Pres 23-052 Oil and Gas Monthly Update Dr. Rosemaire Russo provided an overview of oil and gas activity for the past month. A motion was made by Council Member Hurst, seconded by Mayor Pro Tem Allen-Thomas, to amend the agenda to make Reports the next item on the agenda. VOTE: 8 - Aye, 1 - Absent (Madera) 6. 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 Mayor Pro Tem Allen-Thomas, seconded by Council Member Hurst, to amend the agenda to make Proclamations the next item on the agenda. VOTE: 8 - Aye, 1 - Absent (Madera) 7. Proclamations Proc 23-12 Proclamation Declaring July 2023 as Parks & Recreation Month in Commerce City, Colorado City Clerk Dylan Gibson read the proclamation. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, that this Proclamation be approved. VOTE: Commerce City Page 2 City Council Meeting Minutes - Final June 12, 2023 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 8. Recess to the URA Meeting 9. Presentations Pres 23-021 Commerce City Homelessness Prevention/Diversion, Support Service, Built Environment Initiative Proposal Sarah Nachtman, Community Well-Being Manager, introduced the presentation. A motion was made by Council Member Noble, seconded by Council Member Kim, to direct staff to schedule a resolution approving the homelessness memorandum of understanding. VOTE: 8 - Aye, 1 - Absent A motion was made by Council Member Kim, seconded by Mayor Pro Tem Allen-Thomas, to direct staff to move forward with a comprehensive solution that includes permanent solution housing, bridge housing, and secure funding with a partnership with developer and have Adams County support with funding. VOTE: 1 - Aye (Kim), 7 - Nay, 1 - Absent (Madera) A motion was made by Council Member Noble, seconded by Mayor Pro Tem Allen-Thomas, to appropriate one million dollars from the American Rescue Plan Act (ARPA) funding to a three year grant writing pilot program assuming such appropriation is allowed under ARPA guidelines. VOTE: 7 - Aye, 1 - Nay (Ford), 1 - Absent (Madera) A motion was made by Council Member Noble, to appropriate seventy-five thousand dollars for the TraknGo system and one and a half million dollars for the emergency shelter equipment. VOTE: 5 - Aye, 3 - Nay (Allen-Thomas, Huseman, Ford) A motion was made by Mayor Huseman, seconded by Mayor Pro Tem Allen-Thomas, to direct staff to immediately begin a public outreach campaign on how best to spend the ARPA funds. VOTE: 8 - Aye, 1 - Absent A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, to extend the automatic time of adjournment by two hours. VOTE: 8 - Aye, 1 - Absent Pres 23-271 City Mission and Vision Updates A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Hurst, that this Presentation be continued until all nine members of Council are present. 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 3 City Council Meeting Minutes - Final June 12, 2023 10. Executive Session 23-131 An executive session pursuant to C.R.S. 24-6-402(4)(a), 4(e), & 4(b) for the purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest relating to City property around the Civic Center, for the purpose of determining positions relative to a matter that may be subject to negotiation, developing strategy for negotiations; and instructing negotiators regarding a potential land exchange and redevelopment opportunity regarding the same, and for receiving legal advice regarding the implications of a potential land exchange. A motion was made by Council Member Noble, seconded by Council Member Hurst, to enter into an executive session pursuant to C.R.S. 24-6-402(4)(a), 4(e), & 4(b) for the purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest relating to City property around the Civic Center, for the purpose of determining positions relative to a matter that may be subject to negotiation, developing strategy for negotiations; and instructing negotiators regarding a potential land exchange and redevelopment opportunity regarding the same, and for receiving legal advice regarding the implications of a potential land exchange. 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 11. Consent Agenda Mayor Huseman requested to pull Resolution 2023-069. A motion was made by Council Member Noble, seconded by Mayor Pro Tem Allen-Thomas, 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 Res 2023-069 A RESOLUTION AUTHORIZING A CONTINGENT AGREEMENT WITH CATELLUS CC NOTE, LLC, FOR THE RECONSTRUCTION OF A CITY OWNED POND TO ACCOMMODATE STORM DRAINAGE FROM A PROPOSED SUBDIVISION A motion was made by Council Member Ford, seconded by Council Member Noble, that this Resolution be adopted. VOICE VOTE: Aye: 6- Mayor Pro Tem Allen-Thomas, Council Member Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Ford and Council Member Douglas Nay: 2- Mayor Huseman and Council Member Kim Commerce City Page 4 City Council Meeting Minutes - Final June 12, 2023 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. 12. Ordinances on 1st Reading Ord 2525 SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE 2023 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO, BY RECOGNIZING CERTAIN APPROPRIATIONS IN THE GENERAL FUND, POLICE DONATIONS FUND, AND GRANTS FUND, TOTALING $1,396,167.99, AND AUTHORIZING 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: 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 Ord 2527 SECOND AND FINAL READING OF AN ORDINANCE ENACTING A TWELVE-MONTH MORATORIUM ON NEW RETAIL AND MEDICAL MARIJUANA STORE LICENSES IN WARDS I AND II IN THE CITY OF COMMERCE CITY 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: 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 Ord 2529 SECOND AND FINAL READING OF AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 6 OF THE COMMERCE CITY REVISED MUNICIPAL CODE TO CREATE ENFORCEMENT AND FINES FOR ABANDONED SHOPPING CARTS A motion was made by Council Member Noble, seconded by Mayor Pro Tem Allen-Thomas, to amend Ordinance 2529 by adding the following to the end of subsection (e) in Exhibit A: “Owners shall comply with this section no later than 60 days after the effective date of this ordinance.” VOTE: 8 - Aye, 1 - Absent (Madera) A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Noble, that this Ordinance be introduced by council as seated and approved on first reading as amended. 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 5 City Council Meeting Minutes - Final June 12, 2023 Ord 2530 SECOND AND FINAL READING OF AN ORDINANCE AUTHORIZING A FIVE-YEAR PILOT PROGRAM FOR THE ISSUANCE OF OUTDOOR SERVICE PERMITS TO ALLOW OUTDOOR SERVICE AREAS FOR RESTAURANTS AND BARS A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Noble, 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 13. Administrative Council Business There was no administrative business. 14. Adjourn A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Hurst, to adjourn the meeting. VOTE: 8 - Aye, 1 - Absent (Madera) The meeting adjourned at 12:16 AM on Tuesday, June 13, 2023. 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 23-133 City Manager Update 23-134 City Council Policies 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, June 12, 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_Pq2 Y_sN-TwabOiKqedHyRw Revised 6/10/2023 @ 6:00 PM Times given are estimates only 1. Call to Order/Roll Call - 6:00 PM 2. Pledge of Allegiance 3. Approval of Agenda 4. Citizen Communication 23-132 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, June 12, 2023. 5. Presentations - 6:30 PM Pres 23-330 Latino Engagement Taskforce Presentation Attachments: Council Communication Presentation L.E.T Report #4 Commerce City Page 1 Printed on 6/10/2023 City Council Meeting Agenda - Final-revised June 12, 2023 Pres 23-052 Oil and Gas Monthly Update Attachments: Council Communication Presentation 6. Recess to the URA Meeting - 7:00 PM 7. Presentations - 8:00 PM Pres 23-021 Commerce City Homelessness Prevention/Diversion, Support Service, Built Environment Initiative Proposal Attachments: Council Communication Presentation MOU on Homelessness - Not signed by Commerce City Amended MOU to add Arvada Case Studies Pres 23-271 City Mission and Vision Updates Attachments: Council Communication Presentation 8. Executive Session - 9:30 PM 23-131 An executive session pursuant to C.R.S. 24-6-402(4)(a), 4(e), & 4(b) for the purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest relating to City property around the Civic Center, for the purpose of determining positions relative to a matter that may be subject to negotiation, developing strategy for negotiations; and instructing negotiators regarding a potential land exchange and redevelopment opportunity regarding the same, and for receiving legal advice regarding the implications of a potential land exchange. 9. Consent Agenda - 10:30 PM Commerce City Page 2 Printed on 6/10/2023 City Council Meeting Agenda - Final-revised June 12, 2023 Res 2023-069 A RESOLUTION AUTHORIZING A CONTINGENT AGREEMENT WITH CATELLUS CC NOTE, LLC, FOR THE RECONSTRUCTION OF A CITY OWNED POND TO ACCOMMODATE STORM DRAINAGE FROM A PROPOSED SUBDIVISION Attachments: Council Communication Resolution 2023-069 Agreement with Catellus CC Note LLC.pdf Project Map Presentation 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. Attachments: Council Communication Ordinance 2521 Award Letter 10. Ordinances on 1st Reading - 10:35 PM Ord 2525 FIRST READING OF AN ORDINANCE AMENDING THE 2023 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO, BY RECOGNIZING CERTAIN APPROPRIATIONS IN THE GENERAL FUND, POLICE DONATIONS FUND, AND GRANTS FUND, TOTALING $1,396,167.99, AND AUTHORIZING THE EXPENDITURE THEREOF Attachments: Council Communication Ordinance 2525 Ord 2527 FIRST READING OF AN ORDINANCE ENACTING A TWELVE-MONTH MORATORIUM ON NEW RETAIL AND MEDICAL MARIJUANA STORE LICENSES IN WARDS I AND II IN THE CITY OF COMMERCE CITY Attachments: Council Communication Ordinance 2527 Commerce City Page 3 Printed on 6/10/2023 City Council Meeting Agenda - Final-revised June 12, 2023 Ord 2529 FIRST READING OF AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 6 OF THE COMMERCE CITY REVISED MUNICIPAL CODE TO CREATE ENFORCEMENT AND FINES FOR ABANDONED SHOPPING CARTS Attachments: Council Communication Ordinance 2529 May 22, 2023 Study Session Presentation Ord 2530 FIRST READING OF AN ORDINANCE AUTHORIZING A FIVE-YEAR PILOT PROGRAM FOR THE ISSUANCE OF OUTDOOR SERVICE PERMITS TO ALLOW OUTDOOR SERVICE AREAS FOR RESTAURANTS AND BARS Attachments: Council Communication Ordinance 2530 Presentation 11. Proclamations - 11:05 PM Proc 23-12 Proclamation Declaring July 2023 as Parks & Recreation Month in Commerce City, Colorado Attachments: Council Communication Parks and Recreation Month Proclamation 12. Administrative Council Business - 11:10 PM 13. Council Reports - 11:20 PM 14. Adjourn - 11:30 PM 23-133 City Manager Update Attachments: City Manager Update June 5, 2023 23-134 City Council Policies Attachments: Council Policies 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 4 Printed on 6/10/2023

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