Commerce City urges business partnership, council asks staff to draft resolution after small-business complaints

Commerce City Council on Monday unanimously directed the city manager and staff to draft a resolution reaffirming the city’s commitment to economic growth and business partnership.

Council Member Dukes made the motion, saying the resolution would build on recent steps including updates to the land development code and the city’s Comprehensive Plan 2045. The motion, seconded and approved without objection, instructs staff to prepare a council communication and resolution for future readings.

The discussion followed several public comments calling attention to how city policies affect small businesses. John Zayak, introduced during public comment, told the council his family’s 40‑year self‑service car‑wash on 64th Avenue was recently reclassified by Finance as an “equipment rental” business, a change he said would subject the operation to a different sales‑tax interpretation and cost “about half my profit.” Zayak asked council to allow a 25‑minute presentation so he could provide data rather than the three‑minute public‑comment slot.

Sean Espinosa, a local food‑truck operator, told the council he had completed health, fire, sales‑tax and other licensing steps but was blocked from operating by an interpretation of the municipal code’s 175‑foot setback (section 9‑33‑03). Espinosa said he had measured 176 feet from the parcel line to his truck, but staff instructed him to measure from a parking peninsula, producing a different outcome; he asked the city for clear, consistent guidance and staff training on how the code is applied.

City Manager Jim Rogers acknowledged the small‑business concerns during the meeting and said staff is reviewing code and enforcement procedures. He also noted the council is undertaking a broader review of sales tax and impact fees as part of efforts to improve fairness and competitiveness for local businesses.

Council members stressed the need to balance attracting commercial investment and supporting small, often family‑run enterprises. Mayor Pro Tem Noble asked that the council communication include prior work by small‑business task forces and the Blue Ribbon Economic Development Committee. Dukes said he did not intend to individually name volunteer members in a resolution but to highlight the groups’ work as background for policy recommendations.

The council’s action was procedural: it does not change code or tax policy today but instructs staff to draft language that will return for formal consideration.