Commerce City council to consider data-center moratorium, $137,990 in proposed spending

Commerce City’s City Council is scheduled to consider a six-month moratorium on certain data-center applications and $137,990 in proposed General Fund actions at a special meeting Aug. 24. The moratorium’s treatment of conditional-use applications remains unclear, and none of the three ordinances is final.

The special meeting is scheduled to follow a study session beginning at 6 p.m. The study-session agenda lists a presentation on the Land Development Code legislative rezoning project, including current and proposed zoning maps and an attachment titled “Public Comment.” The materials include a 2009 current zoning map for Phase 2, a 2025 proposed map identified as the June public Phase 2 draft and a 2025 proposed map identified as the August Phase 1 and 2 draft.

The rezoning item is listed as a presentation, not an adoption action. The agenda does not say the maps or any Land Development Code changes will be adopted Aug. 24, and the record reviewed does not establish whether the “Public Comment” attachment contains submitted comments, a summary or presentation material.

The study session lists council reports at 8:45 p.m. and adjournment at 9:15 p.m. The special-meeting agenda places its business immediately afterward, with an estimated 9:15 p.m. call to order. The agenda says the time could change and that there will be no public comment at the special meeting.

Proposed data-center moratorium

Ordinance 2804 would pause the city’s acceptance, processing or approval of “any permit application, site development plan, or zoning applications” proposing a new data center as a primary use or expanding the gross floor area of an existing data-center use, the proposed ordinance says.

The ordinance does not expressly mention conditional-use applications. Its language could cover one if it is a zoning application proposing a data center as a primary use, but the records reviewed contain no staff or council clarification. Section 2, which lists applications subject to the moratorium, would control its scope.

The proposed moratorium would begin when the ordinance takes effect and expire six months later unless the council ends it sooner by ordinance. It is scheduled for first reading and has not taken effect.

The item follows, but is separate from, council action Aug. 17. In an official recap of that meeting, the council recorded unanimous votes requesting a future study-session discussion of data-center regulations and requesting a moratorium ordinance. Those actions directed future work; they did not adopt a moratorium.

Police-to-fleet transfer

Ordinance 2796 would transfer $110,000 from an existing Police Department General Fund appropriation to the Fleet Management Fund to purchase a mobile command unit. The proposed transfer ordinance designates the full amount for the purchase.

A city staff communication says the money is already appropriated and unallocated, so the proposal would not require additional funds. Staff identifies the South Adams County Fire Department as the seller of a 2021, 40-foot Thor recreational vehicle outfitted for emergency operations. Staff estimates a comparably equipped vehicle could cost about $500,000 and says the city expects to offset part of the purchase by selling a current police vehicle. The records do not specify which vehicle or its expected sale price.

The mobile unit would support critical incidents, SWAT and investigations callouts, major-accident investigations, natural disasters, mutual-aid requests and some community or special events.

Council travel and conference funding

Ordinance 2800 would appropriate $27,990 from unencumbered General Fund balance for council conference-registration and travel expenses. The proposed appropriation ordinance allocates $13,500 for a legislative travel-allowance increase and $14,490 for legislative conference registrations.

According to the city staff communication, the $13,500 would raise the annual authorized-event travel allowance from $7,000 to $8,500 per council member, including the mayor. The $14,490 would move conference-registration costs to a separate Career Development Membership & Dues account instead of charging them against individual travel allowances.

The records do not identify specific conferences, trips or planned expenditures by individual members. The council could amend, continue, reject or approve the ordinances Aug. 24 or in later readings; the agenda establishes proposed initial consideration, not final adoption.