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City Council

Regular Meeting

Commerce City, CO · August 14, 2023

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Minutes

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, August 14, 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_Ir9WSHWCQ4aLq hl-_4kwNQ 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 August 14, 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: 7 - Aye, 2 - Excused (Ford, Madera) 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 Hurst, Council Member Craig Kim and Council Member Kristi Douglas Excused: 1 - Council Member Sean Ford 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 Hurst, to adopt the agenda. VOTE: 7 - Aye, 2 - Excused (Ford, Madera) 4. Public Comment Commerce City Page 1 City Council Meeting Minutes - Final August 14, 2023 23-172 Public Comment - 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 public comment and/or for each agenda item. Comments may be consolidated under the Public 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, August 14, 2023. Council Member Madera arrived to the meeting at 6:07 p.m. The following spoke in support of Ordinance 2541: - Rosa Acosta - Joy Bishop - Anita Mercado - Amy Quintana - Tille Villerial - Rosa Acosta - Alexandra Georgiadis the following spoke in opposition of Ordinance 2541: - Owin Orr - Trevor Steen Troy Younger spoke on homelessness in their community. Jackie Valdez spoke on traffic conditions in their community. Dr. Karla Loria, Adams 14 Superintendent, spoke on the Mile High Greyhound Park development and partnership with the City. 5. Executive Session 23-061 An executive session pursuant to C.R.S. 24-6-402(4)(f) for the purpose of discussing personnel matters, specifically for the purpose of discussion of the performance expectations of the City Manager. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Hurst, to enter into an executive session pursuant to C.R.S. 24-6-402(4) (f) for the purpose of discussing personnel matters, specifically for the purpose of discussion of the performance expectations of the City Manager. VOTE: Aye: 8- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Madera, Council Member Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim and Council Member Douglas Excused: 1- Council Member Ford Commerce City Page 2 City Council Meeting Minutes - Final August 14, 2023 6. Recess to the URA Meeting The City Council recessed to the Urban Renewal Authority Meeting at 7:55 PM. 7. Reconvene City Council Regular Meeting - 7:55 PM The City Council reconvened the meeting at 9:24 PM. 8. Presentations Pres 23-458 2024 Budget - Preliminary Session #2 Theresa Wilson, Finance Director, and Christopher Johnson, Budget Manager, gave the budget presentation. 9. Consent Agenda A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Noble, to extend the meeting by 2 hours. VOTE: 6 - Aye, 2 - Nay (Huseman, Madera), 1 - Excused (Ford) A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, to approve the Consent Agenda as presented. ROLL CALL VOTE: Aye: 8- Mayor Huseman, Mayor Pro Tem Allen-Thomas, Council Member Madera, Council Member Millard-Chacon, Council Member Noble, Council Member Hurst, Council Member Kim and Council Member Douglas Excused: 1- Council Member Ford Min 23-197 Minutes of the July 17, 2023 Regular Meeting 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 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 Commerce City Page 3 City Council Meeting Minutes - Final August 14, 2023 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 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 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 10. Ordinances on 1st Reading Commerce City Page 4 City Council Meeting Minutes - Final August 14, 2023 Ord 2541 SECOND READING OF AN ORDINANCE ESTABLISHING A LONG-TERM RENTAL REGISTRATION AND INSPECTION LICENSURE PROGRAM IN THE CITY OF COMMERCE CITY Jim Tolbert, Assistant City Manager, introduced the item. Alex Van Zante, Management Analyst, gave the presentation. A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Noble, to amend Ordinance 2541, Section 5-6006 A(1), to raise inspection rates from 10% to 25%. VOTE: 8 - Aye, 1 - Excused (Ford) A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Chacon, to amend Ordinance 2541, Section 5-6001 F, to eliminate the phrase "with 3 or more units", with the intent to include all rental properties. VOTE: 5 - Aye, 3 - Nay (Hurst, Huseman, Madera), 1 - Excused (Ford) A motion was made by Mayor Huseman, seconded by Council Member Kim, to amend Ordinance 2541 to set the inspection rate at 100% on any property partnered with the Commerce City Housing Authority. VOTE: 8 - Aye, 1 - Excused (Ford) A motion was made by Council Member Hurst, seconded by Council Member Madera, to phase in implementation with year one being all multifamily units and year two all single family properties. Motion Failed. VOTE: 3 - Aye (Hurst, Kim, Madera), 5 - Nay, 1 - Excused (Ford) A motion was made by Council Member Kim, seconded by Council Member Madera, to continue Ordinance 2541 to September 18, 2023. Motion Failed. VOTE: 4 - Aye (Hurst, Huseman, Kim, Madera), 4 - Nay, 1 - Excused (Ford) A motion was made by Council Member Noble, seconded by Mayor Pro Tem Allen-Thomas, to make the effective date March 1, 2024. VOTE: 8 - Aye, 1 - Excused (Ford) A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Millard-Chacon, that this Ordinance be introduced by council as seated and approved on first reading as amended. VOTE: Aye: 4- Mayor Pro Tem Allen-Thomas, Council Member Millard-Chacon, Council Member Noble and Council Member Douglas Nay: 3- Mayor Huseman, Council Member Madera and Council Member Kim Excused: 1- Council Member Ford Abstained: 1- Council Member Hurst 11. Ordinances on 2nd Reading Commerce City Page 5 City Council Meeting Minutes - Final August 14, 2023 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 Kim, to amend Ordinance 2516 as requested by staff in the packet. VOTE: 8 - Aye, 1 - Excused (Ford) A motion was made by Mayor Pro Tem Allen-Thomas, seconded by Council Member Kim, that this Ordinance be approved on second & final reading as amended. VOTE: Aye: 6- Mayor Huseman, Council Member Madera, Council Member Millard-Chacon, Council Member Hurst, Council Member Kim and Council Member Douglas Nay: 2- Mayor Pro Tem Allen-Thomas and Council Member Noble Excused: 1- Council Member Ford 12. Administrative Council Business A motion was made by Council Member Kim, seconded by Council Member Madera, to direct staff to engage BNSF and Union Pacific to invite them to a study session. VOTE: 8 - Aye, 1 - Excused (Ford) 23-199 Ralston House Sponsorship Request - Ciders, Sliders, Tacos & Beer Council Member Madera introduced the item. A motion was made by Council Member Madera, seconded by Council Member Hurst, provide sponsorship to Ralston House event. VOTE: 8 - Aye, 1 - Excused (Ford) 13. 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. 23-202 Review of Work Schedule Commerce City Page 6 City Council Meeting Minutes - Final August 14, 2023 14. Adjourn A motion was made by Council Member Hurst, seconded by Council Member Kim, to adjourn the meeting. VOTE: 8 - Aye, 1 - Excused (Ford) The meeting adjourned at 12:26 AM. In accord with the city charter, the city clerk read the title to all ordinances and resolutions adopted by Council at this meeting. _________________________________ Jordan D. Roberts, Deputy City Clerk 23-203 City Manager Week in Review Report 23-160 City Council Policies Any member of the public 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 City Council Monday, August 14, 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_Ir9W SHWCQ4aLqhl-_4kwNQ 1. Call to Order/Roll Call - 6:00 PM 2. Pledge of Allegiance 3. Approval of Agenda 4. Public Comment 23-172 Public Comment - 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 public comment and/or for each agenda item. Comments may be consolidated under the Public 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, August 14, 2023. 5. Executive Session - 6:30 PM 23-061 An executive session pursuant to C.R.S. 24-6-402(4)(f) for the purpose of discussing personnel matters, specifically for the purpose of discussion of the performance expectations of the City Manager. 6. Recess to the URA Meeting - 7:00 PM 7. Reconvene City Council Regular Meeting - 7:55 PM 8. Presentations Commerce City Page 1 Printed on 8/11/2023 City Council Meeting Agenda - Final August 14, 2023 Pres 23-458 2024 Budget - Preliminary Session #2 Attachments: Council Communication Budget Presentation #2 2024 Budget Request Summary 2024 Budget Requests - Community Development Department 2024 Budget Requests - City Manager's Office 2024 Budget Requests - Human Resources Department 2024 Budget Reqeusts - Information Technology Department 2024 Budget Requests - Legal Department 2024 Budget Requests - Public Safety Department 2024 Budget Requests - Parks, Recreation & Golf Department 2024 Budget Requests - Public Works Department 9. Consent Agenda - 9:25 PM Min 23-197 Minutes of the July 17, 2023 Regular Meeting Attachments: July 17, 2023 Meeting Minutes 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 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 Commerce City Page 2 Printed on 8/11/2023 City Council Meeting Agenda - Final August 14, 2023 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 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 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 10. Ordinances on 1st Reading - 9:30 PM Ord 2541 FIRST READING OF AN ORDINANCE ESTABLISHING A LONG-TERM RENTAL REGISTRATION AND INSPECTION LICENSURE PROGRAM IN THE CITY OF COMMERCE CITY Attachments: Council Communication Ordinance 2541 Presentation Memo 11. Ordinances on 2nd Reading - 10:00 PM Commerce City Page 3 Printed on 8/11/2023 City Council Meeting Agenda - Final August 14, 2023 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 12. Administrative Council Business - 10:05 PM 23-199 Ralston House Sponsorship Request - Ciders, Sliders, Tacos & Beer Attachments: Council Communication 13. Council Reports - 10:20 PM 23-202 Review of Work Schedule Attachments: Council Communication Regular Meetings Work Schedule Study Sessions Meetings Work Schedule 14. Adjourn - 10:30 PM 23-203 City Manager Week in Review Report Attachments: August 4, 2023 Week in Review Report 23-160 City Council Policies Attachments: Council Policies Any member of the public 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 8/11/2023

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