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City Council

Regular Meeting

Commerce City, CO · July 24, 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 24, 2023 8:45 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_YUhJXmV8R4Sta it-C2YCNQ Special Meeting No public comment is permitted at special meetings unless specifically noted on the agenda Or immediately following the Study Session, before or after the posted time 1. Call to Order/Roll Call - 8:45 PM A special meeting of the City Council of the City of Commerce City was called to order by Mayor Huseman on July 24, 2023, at 9:22 PM. A motion was made by Councilmember Madera, seconded by Mayor Pro Tem Allen-Thomas, to excuse those members not present. VOTE: 8- Aye, 1 - Excused (Hurst). Present: 8 - 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 Kim, Council Member Sean Ford and Council Member Kristi Douglas Excused: 1 - Council Member Craig Hurst 2. Public Hearings Res 2023-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMMERCE CITY, COLORADO MAKING CERTAIN LEGISLATIVE FINDINGS AND APPROVING THE FIRST AMENDMENT TO THE MILE HIGH GREYHOUND PARK URBAN RENEWAL PLAN Mayor Huseman opened the public hearing. No public testimony was received. Mayor Huseman closed the public hearing. A motion was made by Council Member Ford, seconded by Council Member Madera, that this Resolution be adopted. VOICE VOTE: 6 - Aye, 2 - Nay (Allen-Thomas, Douglas), 1 - Excused (Hurst) Commerce City Page 1 City Council Meeting Minutes - Final July 24, 2023 The public hearings will be conducted in a hybrid format in person and via Zoom. There will be an opportunity to testify live during the meeting in person and via Zoom. 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, July 24. Please contact the City Clerk to request paper copies of materials. 3. Resolutions Res 2023-065 A RESOLUTION AUTHORIZING THE SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH LOTUS ENGINEERING AND SUSTAINABILITY, LLC TO PROVIDE SUSTAINABILITY SERVICES A motion was made by Council Member Madera, seconded by Council Member Ford, that this Resolution be adopted. VOICE VOTE: 8 - Aye, 1 - Excused (Hurst) 4. Ordinances on 1st Reading Ord 2537 SECOND AND FINAL READING OF AN ORDINANCE SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY OF COMMERCE CITY AT THE REGULAR MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2023, PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF COMMERCE CITY CONCERNING THE MODERNIZATION AND STANDARDIZATION OF PUBLICATION REQUIREMENTS FOR LEGAL NOTICES, ORDINANCES, DOCUMENTS, AND OTHER LEGAL PUBLICATIONS A motion was made by Council Member Madera, 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 Madera, Council Member Millard-Chacon, Council Member Noble, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Hurst Ord 2514 SECOND AND FINAL READING OF AN ORDINANCE AMENDING SECTION 21-7205 OF THE CITY OF COMMERCE CITY LAND DEVELOPMENT CODE TO ADD CONSTRUCTION STANDARDS FOR RESIDENTIAL DRIVEWAYS 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: Commerce City Page 2 City Council Meeting Minutes - Final July 24, 2023 Aye: 8- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Madera, Council Member Millard-Chacon, Council Member Noble, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Hurst Ord 2516 SECOND AND FINAL READING OF AN ORDINANCE ADDING SECTION 21-3219 AND AMENDING SECTION 21-3200 OF THE CITY OF COMMERCE CITY LAND DEVELOPMENT CODE ALLOWING FOR THE REVIEW AND APPROVAL OF EARLY GRADING PERMITS 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 Madera, Council Member Millard-Chacon, Council Member Noble, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Hurst Ord 2515 SECOND AND FINAL READING OF AN ORDINANCE AMENDING SECTION 21-3210 OF THE CITY OF COMMERCE CITY LAND DEVELOPMENT CODE ADDING FOUNDATION-ONLY PERMITS AND EXTENSIONS THERETO AS BUILDING PERMIT TYPES FOR REVIEW AND APPROVAL A motion was made by Council Member Noble, 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 Madera, Council Member Millard-Chacon, Council Member Noble, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Hurst Ord 2526 SECOND AND FINAL READING OF AN ORDINANCE RETITLING CHAPTER 8 AND REPEALING AND REENACTING ARTICLE II OF CHAPTER 8 OF THE COMMERCE CITY REVISED MUNICIPAL CODE PERTAINING TO THE LICENSING OF MEDICAL AND RECREATIONAL MARIJUANA BUSINESSES A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Madera, that this Ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 7- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Madera, Council Member Millard-Chacon, Council Member Noble, Council Member Kim and Council Member Ford Nay: 1- Council Member Douglas Excused: 1- Council Member Hurst Commerce City Page 3 City Council Meeting Minutes - Final July 24, 2023 Ord 2533 SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE 2023 BUDGET OF THE CITY OF COMMERCE CITY BY RECOGNIZING A PORTION OF THE CITY’S TOTAL $10,505,025 AMERICAN RESCUE PLAN ACT FUNDING ALLOCATION IN THE AMOUNT OF $3,075,000 AND AUTHORIZING THE EXPENDITURE THEREOF 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 Madera, Council Member Millard-Chacon, Council Member Noble, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Hurst Ord 2536 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 $15,000 FOR DRIVING UNDER THE INFLUENCE (DUI) ENFORCEMENT EFFORTS AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF A motion was made by Council Member Madera, 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 Madera, Council Member Millard-Chacon, Council Member Noble, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Hurst 5. Administrative Council Business 23-146 Alley Upkeep in City and Adding Them to Owners Property Mayor Pro Tem Allen-Thomas made a motion, seconded by Councilmember Mader, to hold a study session to discuss alleyways and the owner's properties. Vote - 8 - Aye, 1 - Excused (Hurst) 23-158 Sand Creek Regional Greenway Partnership Event Sponsorship Mayor Pro Tem Jennifer Allen-Thomas introduced this item. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Councilmember Madera, to increase the donation from $1,250, to $2,500 for the Sand Creek Regional Greenway Partnership Event. VOTE: 7 - Aye, 1 - Nay (Noble), 1 - Excused (Hurst) Commerce City Page 4 City Council Meeting Minutes - Final July 24, 2023 23-171 Marijuana Moratorium Discussion No action was taken on this item. 6. Adjourn - 9:50 PM The meeting adjourned at 9:47 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 Any citizen requesting accommodations, with respect to rights under the Americans with Disabilities Act, to attend or participate in any public meeting, and/or to obtain this notice in alternate formats, is asked to please contact the City Clerk at 303-227-8791 as soon as possible before the meeting. Commerce City Page 5

Agenda

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Agenda - Final City Council Monday, July 24, 2023 8:45 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_YUh JXmV8R4Stait-C2YCNQ Special Meeting No public comment is permitted at special meetings unless specifically noted on the agenda Or immediately following the Study Session, before or after the posted time 1. Call to Order/Roll Call - 8:45 PM 2. Public Hearings Res A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMMERCE 2023-086 CITY, COLORADO MAKING CERTAIN LEGISLATIVE FINDINGS AND APPROVING THE FIRST AMENDMENT TO THE MILE HIGH GREYHOUND PARK URBAN RENEWAL PLAN Attachments: Council Communication Resolution 2023-086 Exhibit A - 1st Amendment to MHGP Urban Renewal Plan 1st Amendment to MHGP Urban Renewal Plan - Redline The public hearings will be conducted in a hybrid format in person and via Zoom. There will be an opportunity to testify live during the meeting in person and via Zoom. 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, July 24. Please contact the City Clerk to request paper copies of materials. 3. Resolutions Commerce City Page 1 Printed on 8/18/2023 City Council Meeting Agenda - Final July 24, 2023 Res A RESOLUTION AUTHORIZING THE SECOND AMENDMENT TO 2023-065 PROFESSIONAL SERVICES AGREEMENT WITH LOTUS ENGINEERING AND SUSTAINABILITY, LLC TO PROVIDE SUSTAINABILITY SERVICES Attachments: Council Communication Resolution 2023-065 Exhibit A Statement of Work First Amendment Original Contract 4. Ordinances on 1st Reading Ord 2537 SECOND AND FINAL READING OF AN ORDINANCE SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY OF COMMERCE CITY AT THE REGULAR MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2023, PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF COMMERCE CITY CONCERNING THE MODERNIZATION AND STANDARDIZATION OF PUBLICATION REQUIREMENTS FOR LEGAL NOTICES, ORDINANCES, DOCUMENTS, AND OTHER LEGAL PUBLICATIONS Attachments: Council Communication Ordinance 2537 Ord 2514 SECOND AND FINAL READING OF AN ORDINANCE AMENDING SECTION 21-7205 OF THE CITY OF COMMERCE CITY LAND DEVELOPMENT CODE TO ADD CONSTRUCTION STANDARDS FOR RESIDENTIAL DRIVEWAYS Attachments: Council Communication Ordinance 2514 Presentation Ord 2516 SECOND AND FINAL READING OF AN ORDINANCE ADDING SECTION 21-3219 AND AMENDING SECTION 21-3200 OF THE CITY OF COMMERCE CITY LAND DEVELOPMENT CODE ALLOWING FOR THE REVIEW AND APPROVAL OF EARLY GRADING PERMITS Attachments: Council Communication Ordinance 2516 Staff Proposed Amendment Presentation Commerce City Page 2 Printed on 8/18/2023 City Council Meeting Agenda - Final July 24, 2023 Ord 2515 SECOND AND FINAL READING OF AN ORDINANCE AMENDING SECTION 21-3210 OF THE CITY OF COMMERCE CITY LAND DEVELOPMENT CODE ADDING FOUNDATION-ONLY PERMITS AND EXTENSIONS THERETO AS BUILDING PERMIT TYPES FOR REVIEW AND APPROVAL Attachments: Council Communication Ordinance 2515 Presentation Ord 2526 SECOND AND FINAL READING OF AN ORDINANCE RETITLING CHAPTER 8 AND REPEALING AND REENACTING ARTICLE II OF CHAPTER 8 OF THE COMMERCE CITY REVISED MUNICIPAL CODE PERTAINING TO THE LICENSING OF MEDICAL AND RECREATIONAL MARIJUANA BUSINESSES Attachments: Council Communication Ordinance 2526 Ord 2533 SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE 2023 BUDGET OF THE CITY OF COMMERCE CITY BY RECOGNIZING A PORTION OF THE CITY’S TOTAL $10,505,025 AMERICAN RESCUE PLAN ACT FUNDING ALLOCATION IN THE AMOUNT OF $3,075,000 AND AUTHORIZING THE EXPENDITURE THEREOF Attachments: Council Communication Ordinance 2533 Ord 2536 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 $15,000 FOR DRIVING UNDER THE INFLUENCE (DUI) ENFORCEMENT EFFORTS AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF Attachments: Council Communication Ordinance 2536 5. Administrative Council Business 23-146 Alley Upkeep in City and Adding Them to Owners Property Attachments: Council Communication 23-158 Sand Creek Regional Greenway Partnership Event Sponsorship Attachments: Council Communication 23-171 Marijuana Moratorium Discussion Commerce City Page 3 Printed on 8/18/2023 City Council Meeting Agenda - Final July 24, 2023 6. Adjourn - 9:50 PM Any citizen requesting accommodations, with respect to rights under the Americans with Disabilities Act, to attend or participate in any public meeting, and/or to obtain this notice in alternate formats, is asked to please contact the City Clerk at 303-227-8791 as soon as possible before the meeting. Commerce City Page 4 Printed on 8/18/2023

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