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City Council

Regular Meeting

Commerce City, CO · July 10, 2023

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Minutes

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, July 10, 2023 6:00 PMCouncil 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_bDK2kx0KR mSliGKBfpODyQ Regular Meeting. Revised 7/10/2023 @ 1:00 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 July 10, 2023, at 6:00 PM. A motion was made by Mayor Huseman, seconded by Mayor Pro Tem Allen-Thomas to excuse those members not present. VOTE: 8 - Aye, 1 - Excused (Chacon) Councilmember Chacon arrived at 6:06 PM. Present: 9 - Mayor Benjamin Huseman, Mayor Pro Tem Jennifer Allen-Thomas, Council Member Oscar Madera, 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 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Approval of Agenda A motion was made by Councilmember Hurst, seconded by Mayor Pro Tem Allen-Thomas, to approve the agenda. Voice Vote: All Aye 4. Citizen Communication Commerce City Page 1 City Council Meeting Minutes - Final July 10, 2023 23-137 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, July 10, 2023. 1) Tom Green presented Commerce City with a Capital Check from United Power. 2) Walraven Ketellapper discussed their support for clearing the encampments located new their business. 3) Jessica Naab discussed their support for a ordinance banning pet stores that sell live animals. 4) Lacy Couch discussed their support for a ordinance banning pet stores that sell live animals. 5) Lauren Rombach discussed their support for a ordinance banning pet stores that sell live animals. 6) Thomas McBride discussed their support for a ordinance banning pet stores that sell live animals. 7) Jackie Valdez discussed the new structural expansions at 68th St and Colorado Blvd. 8) Keith Rogers discussed the street traffic at 64th St and Colorado Blvd, and making the road safer for all drivers. 5. Presentations Pres 23-323 FlyDen Update City Manager Jason Rogers introduced staff from FlyDen to give their presentation. 6. Recess to URA Meeting This meeting recessed for the URA meeting at 7:07 PM. 7. Presentations The City Council meeting reconvened at 7:30 PM. Commerce City Page 2 City Council Meeting Minutes - Final July 10, 2023 Pres 23-350 Growing Water Smart Jenna Hahn, Executive Management Analyst, gave the presentation. Pres 23-397 Xeriscaping in Commerce City Jim Tolbert, Assistant City Manager, gave the presentation. A motion was made by Councilmember Noble, seconded by Councilmember Hurst, to prohibit Xeriscaping projects in Commerce City for 90 days. Voice Vote: 6 - Aye, 3 - Nay (Ford, Huseman, Madera). 8. Consent Agenda Councilmember Noble made a request to remove Resolution 2023-068 and Ordinance 2524 off the consent agenda. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Ford, 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 23-160 Minutes of the June 5, 2023 Regular Meeting Min 23-179 Minutes of the June 12, 2023 Regular Meeting Res 2023-068 A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF COMMERCE CITY AND THE FEDERAL HIGHWAY ADMINISTRATION FOR DEVELOPMENT OF A COMMERCE CITY SAFETY ACTION PLAN A motion was made by Council Member Noble, seconded by Mayor Pro Tem Allen-Thomas, that this Resolution be adopted. VOICE VOTE: Unanimous, all present affirmed. Ord 2511 SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE 2023 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO, BY THE RECOGNITION OF A PORTION OF THE CITY’S SHARING AMOUNT RECEIVED FROM THE METROPOLITAN FOOTBALL STADIUM DISTRICT IN THE AMOUNT OF $595,461.97 TO BE USED FOR YOUTH ACTIVITIES AND AUTHORIZING THE EXPENDITURE THEREOF Commerce City Page 3 City Council Meeting Minutes - Final July 10, 2023 Ord 2517 SECOND AND FINAL READING OF AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 2 SECTION 2-3006 OF THE COMMERCE CITY REVISED MUNICIPAL CODE TO AUTHORIZE THE CITIZEN PUBLIC SAFETY ADVISORY BOARD TO INITIATE OR PARTICIPATE IN COMMUNITY SERVICE PROJECTS THAT RELATE TO PUBLIC SAFETY IN THE CITY Ord 2518 SECOND AND FINAL READING OF AN ORDINANCE REPEALING AND REENACTING ARTICLE III OF CHAPTER 2 SECTION 2-3003 OF THE COMMERCE CITY REVISED MUNICIPAL CODE TO CODIFY THE DIVERSITY, EQUITY, AND INCLUSION COMMISSION Ord 2519 SECOND AND FINAL READING OF AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 2 SECTION 2-3008 OF THE COMMERCE CITY REVISED MUNICIPAL CODE TO AUTHORIZE THE VETERAN’S COMMISSION TO INITIATE OR PARTICIPATE IN COMMUNITY SERVICE PROJECTS THAT BENEFIT VETERANS OF COMMERCE CITY Ord 2520 SECOND AND FINAL READING OF AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 2 SECTION 2-3005 OF THE COMMERCE CITY REVISED MUNICIPAL CODE TO AUTHORIZE THE YOUTH COMMISSION TO INITIATE OR PARTICIPATE IN COMMUNITY SERVICE PROJECTS THAT BENEFIT THE YOUTH OF COMMERCE CITY Ord 2524 SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE 2023 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO, BY APPROPRIATING $400,000 OF THE UNENCUMBERED FUND BALANCE OF THE GENERAL FUND AND TRANSFERRING TO THE CAPITAL EXPENDITURES FUND TO BE USED FOR COSTS ASSOCIATED WITH THE SCHOOL TRAFFIC CALMING PROJECT AND AUTHORIZING THE EXPENDITURE THEREOF A motion was made by Council Member Noble, seconded by Mayor Pro Tem Allen-Thomas, that this Ordinance be approved on second & final reading. VOICE VOTE: Unanimous, all present affirmed. 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 Commerce City Page 4 City Council Meeting Minutes - Final July 10, 2023 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 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 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 9. Resolutions Res 2023-066 A RESOLUTION ADOPTING THE SUSTAINABILITY ACTION PLAN Dr. Rosemarie Russo gave a presentation on the resolution. A motion was made by Council Member Madera, seconded by Council Member Kim, that this Resolution be adopted. VOICE VOTE: Unanimous, all present affirmed. Ordinances on 1st Reading Ord 2539 FIRST AND FINAL READING OF AN EMERGENCY ORDINANCE TO AMEND COMMERCE CITY REVISED MUNICIPAL CODE (CCRMC) SECTION 2-2001 TO EXPLICITLY ALLOW FOR CITY COUNCIL MEETINGS TO OCCUR BY ELECTRONIC MEANS A motion was made by Council Member Madera, seconded by Mayor Pro Tem Allen-Thomas, that this Ordinance be approved on first and 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 10. Administrative Council Business 23-145 180 Community Church A motion was made my Mayor Pro Tem Allen-Thomas, seconded by Councilmember Kim to donate $2,000 to help fund a summer camp for Commerce City students. VOICE VOTE: Unanimous, all present affirmed. Commerce City Page 5 City Council Meeting Minutes - Final July 10, 2023 11. Council Reports City Manager Rogers highlighted items presented in their weekly report provided to council earlier. Police Chief Guadnola discussed the Police Department's response to illegal Fourth of July fireworks. The mayor and council reported on their attendance at various meetings and events. 23-148 Review of Work Schedule City Manager Rogers discussed the upcoming meeting's work schedule. 12. Executive Session 23-147 An executive session pursuant to C.R.S. sections 24-6-402(4)(e) & (f) for the purposes of discussing personnel matters, specifically related to the Interim City Attorney position, and the recruitment and interview process and matters that may be subject to negotiations for the City Attorney position. A motion was made by Council Member Madera, seconded by Mayor Pro Tem Allen-Thomas, to enter into an executive session pursuant to C.R.S. sections 24-6-402(4)(e) & (f) for the purposes of discussing personnel matters, specifically related to the Interim City Attorney position, and the recruitment and interview process and matters that may be subject to negotiations for the City Attorney position.. VOICE VOTE: Unanimous, all present affirmed. 13. Adjourn The meeting adjourned at 10:01 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 Rodriguez, Assistant City Clerk 23-149 City Council Policies 23-150 City Manager Week in Review Report Commerce City Page 6 City Council Meeting Minutes - Final July 10, 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 7

Agenda

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Agenda - Final-revised City Council Monday, July 10, 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 _bDK2kx0KRmSliGKBfpODyQ Regular Meeting. Revised 7/10/2023 @ 1:00 PM 1. Call to Order/Roll Call - 6:00 PM Times given are estimates only. 2. Pledge of Allegiance 3. Approval of Agenda 4. Citizen Communication 23-137 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, July 10, 2023. 5. Presentations - 6:30 PM Pres 23-323 FlyDen Update Attachments: Council Communication Presentation 6. Recess to URA Meeting - 7:00 PM Commerce City Page 1 Printed on 7/10/2023 City Council Meeting Agenda - Final-revised July 10, 2023 7. Presentations - 7:15 PM Pres 23-350 Growing Water Smart Attachments: Council Communication Presentation Pres 23-397 Xeriscaping in Commerce City Attachments: Council Communication Approved Plant List Approved Plant List Amendment Presentation 8. Consent Agenda - 8:15 PM Min 23-160 Minutes of the June 5, 2023 Regular Meeting Attachments: June 5, 2023 Minutes Min 23-179 Minutes of the June 12, 2023 Regular Meeting Attachments: June 12, 2023 Minutes Res A RESOLUTION AUTHORIZING EXECUTION OF AN 2023-068 INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF COMMERCE CITY AND THE FEDERAL HIGHWAY ADMINISTRATION FOR DEVELOPMENT OF A COMMERCE CITY SAFETY ACTION PLAN Attachments: Council Communication Resolution 2023-068 Agreement Presentation Commerce City Page 2 Printed on 7/10/2023 City Council Meeting Agenda - Final-revised July 10, 2023 Ord 2511 SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE 2023 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO, BY THE RECOGNITION OF A PORTION OF THE CITY’S SHARING AMOUNT RECEIVED FROM THE METROPOLITAN FOOTBALL STADIUM DISTRICT IN THE AMOUNT OF $595,461.97 TO BE USED FOR YOUTH ACTIVITIES AND AUTHORIZING THE EXPENDITURE THEREOF Attachments: Council Communication Ordinance 2511 Presentation Intended Uses of Funding Summary Metro Stadium District Sharing Amount Letter and Resolution Presentation from February 27, 2023 Study Session Ord 2517 SECOND AND FINAL READING OF AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 2 SECTION 2-3006 OF THE COMMERCE CITY REVISED MUNICIPAL CODE TO AUTHORIZE THE CITIZEN PUBLIC SAFETY ADVISORY BOARD TO INITIATE OR PARTICIPATE IN COMMUNITY SERVICE PROJECTS THAT RELATE TO PUBLIC SAFETY IN THE CITY Attachments: Council Communication Ordinance 2517 Ord 2518 SECOND AND FINAL READING OF AN ORDINANCE REPEALING AND REENACTING ARTICLE III OF CHAPTER 2 SECTION 2-3003 OF THE COMMERCE CITY REVISED MUNICIPAL CODE TO CODIFY THE DIVERSITY, EQUITY, AND INCLUSION COMMISSION Attachments: Council Communication Ordinance 2518 Ord 2519 SECOND AND FINAL READING OF AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 2 SECTION 2-3008 OF THE COMMERCE CITY REVISED MUNICIPAL CODE TO AUTHORIZE THE VETERAN’S COMMISSION TO INITIATE OR PARTICIPATE IN COMMUNITY SERVICE PROJECTS THAT BENEFIT VETERANS OF COMMERCE CITY Attachments: Council Communication Ordinance 2519 Commerce City Page 3 Printed on 7/10/2023 City Council Meeting Agenda - Final-revised July 10, 2023 Ord 2520 SECOND AND FINAL READING OF AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 2 SECTION 2-3005 OF THE COMMERCE CITY REVISED MUNICIPAL CODE TO AUTHORIZE THE YOUTH COMMISSION TO INITIATE OR PARTICIPATE IN COMMUNITY SERVICE PROJECTS THAT BENEFIT THE YOUTH OF COMMERCE CITY Attachments: Council Communication Ordinance 2520 Ord 2524 SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE 2023 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO, BY APPROPRIATING $400,000 OF THE UNENCUMBERED FUND BALANCE OF THE GENERAL FUND AND TRANSFERRING TO THE CAPITAL EXPENDITURES FUND TO BE USED FOR COSTS ASSOCIATED WITH THE SCHOOL TRAFFIC CALMING PROJECT AND AUTHORIZING THE EXPENDITURE THEREOF Attachments: Council Communication Ordinance 2524 Traffic Staff Memo 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 Attachments: Council Communication Ordinance 2525 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 Attachments: Council Communication Ordinance 2527 Commerce City Page 4 Printed on 7/10/2023 City Council Meeting Agenda - Final-revised July 10, 2023 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 Attachments: Council Communication Ordinance 2529 - Amended Ordinance 2529 May 22, 2023 Study Session Presentation 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 Attachments: Council Communication Ordinance 2530 Presentation 9. Resolutions - 8:20 PM Res A RESOLUTION ADOPTING THE SUSTAINABILITY ACTION PLAN 2023-066 Attachments: Council Communication Resolution 2023-066 Exhibit A Presentation Ordinances on 1st Reading - 9:05 PM Ord 2539 FIRST AND FINAL READING OF AN EMERGENCY ORDINANCE TO AMEND COMMERCE CITY REVISED MUNICIPAL CODE (CCRMC) SECTION 2-2001 TO EXPLICITLY ALLOW FOR CITY COUNCIL MEETINGS TO OCCUR BY ELECTRONIC MEANS Attachments: Council Communication Ordinance 2539 10. Administrative Council Business - 9:10 PM 23-145 180 Community Church Attachments: Council Communication 11. Council Reports - 9:25 PM Commerce City Page 5 Printed on 7/10/2023 City Council Meeting Agenda - Final-revised July 10, 2023 23-148 Review of Work Schedule Attachments: Council Communication Work Schedule 12. Executive Session - 9:35 PM 23-147 An executive session pursuant to C.R.S. sections 24-6-402(4)(e) & (f) for the purposes of discussing personnel matters, specifically related to the Interim City Attorney position, and the recruitment and interview process and matters that may be subject to negotiations for the City Attorney position. 13. Adjourn - 10:05 PM 23-149 City Council Policies Attachments: Council Policies 23-150 City Manager Week in Review Report Attachments: Week In Review Report - June 20, 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 6 Printed on 7/10/2023

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