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City Council

Regular Meeting

Commerce City, CO · December 18, 2023

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Minutes

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, December 18, 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_h8-0wOivQFqHZp Y9kNbZRw Regular Meeting. Times given are estimates only. Updated @ 10:34 am on December 18, 2023 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 Douglas on December 18, 2023, at 6:00 PM. Present: 9 - Council Member Steven J. Douglas, Mayor Pro Tem Susan Noble, Council Member Oscar Madera, Council Member Rocky Teter, Council Member Renee Millard-Chacon, Council Member Craig Kim, Council Member Charles Dukes, 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 Council Member Kim, seconded by Mayor Pro Tem Noble, to adopt the agenda. VOTE: Unanimous, all present affirmed. 4. Public Comment Commerce City Page 1 City Council Meeting Minutes - Final December 18, 2023 23-248 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, December 18, 2023. Jackie Valdez spoke on an issue with homelessness near her home. 5. Executive Session 23-292 An executive session of the City Council pursuant to C.R.S. § 24-6-402(4)(f) & (g) for the purposes of discussing personnel matters, specifically reviewing and discussing applications and materials related to candidates for the position of City Attorney which are documents protected by the mandatory nondisclosure provision of the Colorado Open Records Act, and for interviewing candidates for the position of City Attorney; and further, pursuant to C.R.S. § 24-6-402(e)(I) for the purpose of instructing negotiators with regard to the potential hiring of a City Attorney. A motion was made by Mayor Pro Tem Noble, seconded by Council Member Kim, to extend the automatic time of adjournment by one hour. VOTE: 8 - Aye, 1 - Nay (Madera) A motion was made by Council Member Ford, seconded by Mayor Pro Tem Noble, to enter into an executive session of the City Council pursuant to C.R.S. § 24-6-402(4)(f) & (g) for the purposes of discussing personnel matters, specifically reviewing and discussing applications and materials related to candidates for the position of City Attorney which are documents protected by the mandatory nondisclosure provision of the Colorado Open Records Act, and for interviewing candidates for the position of City Attorney; and further, pursuant to C.R.S. § 24-6-402(e)(I) for the purpose of instructing negotiators with regard to the potential hiring of a City Attorney. VOICE VOTE: Unanimous, all present affirmed. 6. Consent Agenda A motion was made by Council Member Dukes, seconded by Council Member Madera, to approve the Consent Agenda as presented. ROLL CALL VOTE: Aye: 9- Council Member Douglas, Mayor Pro Tem Noble, Council Member Madera, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Dukes, Council Member Ford and Council Member Douglas Commerce City Page 2 City Council Meeting Minutes - Final December 18, 2023 Res 2023-104 A RESOLUTION CANCELLING CITY COUNCIL MEETINGS THAT FALL ON OFFICIALLY SCHEDULED CITY HOLIDAYS Res 2023-105 A RESOLUTION DESIGNATING POSTING LOCATIONS FOR ORDINANCES AND PUBLIC MEETINGS Res 2023-127 A RESOLUTION AUTHORIZING AWARD OF A MASTER SERVICES AGREEMENT FOR ELECTRICAL REPAIR SERVICES FOR CITY BUILDINGS WITH WEIFIELD GROUP CONTRACTING, INTERMOUNTAIN ELECTRICAL, AND DURO ELECTRIC Res 2023-128 A RESOLUTION AUTHORIZING AWARD OF A CONTRACT FOR CONSTRUCTION OF THE COLORADO BOULEVARD BICYCLE & PEDESTRIAN IMPROVEMENTS TO COLORADO PAVING, INC. Res 2023-138 A RESOLUTION OF THE CITY OF COMMERCE CITY APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF COMMERCE CITY AND THE ADAMS COUNTY SHERIFF’S OFFICE FOR THE PROVISION OF RECORDS TERMINAL SUPPORT 7. Public Hearings Z23-0002 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO BY REZONING THE PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF E. 74TH PLACE AND QUEBEC STREET, WEST OF 7400 QUEBEC STREET FROM PLANNED UNIT DEVELOPMENT (PUD)TO PUBLIC Mayor Douglas opened the public hearing. A motion was made by Council Member Madera, seconded by Council Member Ford, that the public hearing be continued to January 8, 2024. VOICE VOTE: Unanimous, all present affirmed. Res 2023-129 A RESOLUTION AUTHORIZING THE SUBMISSION OF THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE 2022 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR Mayor Douglas opened the public hearing. No public testimony was received. Mayor Douglas closed the public hearing. A motion was made by Mayor Pro Tem Noble, seconded by Council Member Dukes, that this Resolution be adopted. VOICE VOTE: Unanimous, all present affirmed. Commerce City Page 3 City Council Meeting Minutes - Final December 18, 2023 The public hearings will be conducted electronically via Zoom. There will be an opportunity to testify live during the meeting via Zoom or in advance in advance via email or regular mail. 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, December 18. Please contact the City Clerk to request paper copies of materials. 8. Resolutions A motion was made by Council Member [NAME], seconded by Council Member [NAME], to excuse Mayor Douglas from the vote. VOTE: - Aye, - Nay Res 2023-137 A RESOLUTION APPROVING A UTILITY EASEMENT ON CITY PROPERTY LOCATED ALONG THE EAST SIDE OF BUCKLEY ROAD BETWEEN E. 96TH AVENUE AND E. 88TH AVENUE TO UNITED POWER, INC. TO ACCOMMODATE AN UNDERGROUND ELECTRICAL DISTRIBUTION LINE A motion was made by Council Member Kim, seconded by Council Member Madera, to excuse Mayor Douglas from voting on the resolution. VOTE: Unanimous, all present affirmed. A motion was made by Council Member Madera, seconded by Council Member Millard-Chacon, that this Resolution be adopted. VOICE VOTE: 8 - Aye, 1 - Excused (S. Douglas) 9. Ordinances on 1st Reading Ord 2558 AN ORDINANCE AMENDING THE 2023 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE BULLETPROOF VEST PARTNERSHIP - BUREAU OF JUSTICE ASSISTANCE (BJA) BULLETPROOF VEST GRANT PROGRAM IN THE AMOUNT OF $57,750 FOR BULLETPROOF VESTS FOR OFFICER SAFETY AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF A motion was made by Council Member Dukes, seconded by Council Member Madera, that this Ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 9- Council Member Douglas, Mayor Pro Tem Noble, Council Member Madera, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Dukes, Council Member Ford and Council Member Douglas 10. Administrative Council Business Commerce City Page 4 City Council Meeting Minutes - Final December 18, 2023 23-274 Approval of 2024 Proclamations City Clerk Gibson presented the list of the 2024 proclamations. City Council requested to add various proclamations to this list for 2024. 11. 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. 23-297 Review of Work Schedule 12. Executive Session 23-273 An executive session of the City Council of Commerce City pursuant to C.R.S. 24-6-402(4)(f)(I) for the purpose of discussion of personnel matters, specifically discussion of the annual performance evaluation of the City Manager. A motion was made by Council Member Dukes, seconded by Council Member Millard-Chacon, to enter into an executive session of the City Council of Commerce City pursuant to C.R.S. 24-6-402(4)(f)(I) for the purpose of discussion of personnel matters, specifically discussion of the annual performance evaluation of the City Manager. VOICE VOTE: Unanimous, all present affirmed. 13. Adjourn A motion was made by Council Member Dukes, seconded by Council Member Ford, to adjourn the meeting automatically following the executive session. VOTE: Unanimous, all present affirmed. The meeting adjourned at 11:29 PM. In accord with the city charter, the city clerk read the title to all ordinances and resolutions adopted by Council at this meeting. _________________________________ Dylan A. Gibson, City Clerk 23-298 City Manager Week in Review Report 23-296 City Council Policies Commerce City Page 5 City Council Meeting Minutes - Final December 18, 2023 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 6

Agenda

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Agenda - Final-revised City Council Monday, December 18, 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_h8-0 wOivQFqHZpY9kNbZRw Regular Meeting. Times given are estimates only. Updated @ 10:34 am on December 18, 2023 1. Call to Order/Roll Call 2. Pledge of Allegiance 3. Approval of Agenda 4. Public Comment 23-248 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, December 18, 2023. 5. Executive Session 23-292 An executive session of the City Council pursuant to C.R.S. § 24-6-402(4) (f) & (g) for the purposes of discussing personnel matters, specifically reviewing and discussing applications and materials related to candidates for the position of City Attorney which are documents protected by the mandatory nondisclosure provision of the Colorado Open Records Act, and for interviewing candidates for the position of City Attorney; and further, pursuant to C.R.S. § 24-6-402(e)(I) for the purpose of instructing negotiators with regard to the potential hiring of a City Attorney. Commerce City Page 1 Printed on 2/21/2024 City Council Meeting Agenda - Final-revised December 18, 2023 6. Consent Agenda Res A RESOLUTION CANCELLING CITY COUNCIL MEETINGS THAT FALL 2023-104 ON OFFICIALLY SCHEDULED CITY HOLIDAYS Attachments: Council Communication Resolution 2023-104 Res A RESOLUTION DESIGNATING POSTING LOCATIONS FOR 2023-105 ORDINANCES AND PUBLIC MEETINGS Attachments: Council Communication Resolution 2023-105 Res A RESOLUTION AUTHORIZING AWARD OF A MASTER SERVICES 2023-127 AGREEMENT FOR ELECTRICAL REPAIR SERVICES FOR CITY BUILDINGS WITH WEIFIELD GROUP CONTRACTING, INTERMOUNTAIN ELECTRICAL, AND DURO ELECTRIC Attachments: Council Communication Resolution 2023-127 Master Services Agreement - Weifield Master Services Agreement - Intermountain Master Services Agreement - DURO Res A RESOLUTION AUTHORIZING AWARD OF A CONTRACT FOR 2023-128 CONSTRUCTION OF THE COLORADO BOULEVARD BICYCLE & PEDESTRIAN IMPROVEMENTS TO COLORADO PAVING, INC. Attachments: Council Communication Resolution 2023-128 Agreement Presentation Res A RESOLUTION OF THE CITY OF COMMERCE CITY APPROVING AN 2023-138 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF COMMERCE CITY AND THE ADAMS COUNTY SHERIFF’S OFFICE FOR THE PROVISION OF RECORDS TERMINAL SUPPORT Attachments: Council Communication Resolution 2023-138 2024 IGA 7. Public Hearings Commerce City Page 2 Printed on 2/21/2024 City Council Meeting Agenda - Final-revised December 18, 2023 Z23-0002 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO BY REZONING THE PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF E. 74TH PLACE AND QUEBEC STREET, WEST OF 7400 QUEBEC STREET FROM PLANNED UNIT DEVELOPMENT (PUD)TO PUBLIC Attachments: Council Communication Ordinance Z23-0002 Zone Change Report Vicinity Map Applicant Narrative Parcel Map Prairie Gateway PUD Amendment 1 Commerce City E3 Division Memo Public Hearing Notice Affidavit Sign Posting Planning Commission Minutes - DRAFT Staff Presentation Applicant Presentation Res A RESOLUTION AUTHORIZING THE SUBMISSION OF THE 2023-129 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE 2022 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR Attachments: Council Communication Resolution 2023-129 Commerce City 2022 CAPER Draft Publication Affidavit Presentation The public hearings will be conducted electronically via Zoom. There will be an opportunity to testify live during the meeting via Zoom or in advance in advance via email or regular mail. 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, December 18. Please contact the City Clerk to request paper copies of materials. 8. Resolutions Commerce City Page 3 Printed on 2/21/2024 City Council Meeting Agenda - Final-revised December 18, 2023 Res A RESOLUTION APPROVING A UTILITY EASEMENT ON CITY 2023-137 PROPERTY LOCATED ALONG THE EAST SIDE OF BUCKLEY ROAD BETWEEN E. 96TH AVENUE AND E. 88TH AVENUE TO UNITED POWER, INC. TO ACCOMMODATE AN UNDERGROUND ELECTRICAL DISTRIBUTION LINE Attachments: Council Communication Resolution 2023-137 Easement Agreement Exhibit A Project Map Presentation 9. Ordinances on 1st Reading Ord 2558 AN ORDINANCE AMENDING THE 2023 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE BULLETPROOF VEST PARTNERSHIP - BUREAU OF JUSTICE ASSISTANCE (BJA) BULLETPROOF VEST GRANT PROGRAM IN THE AMOUNT OF $57,750 FOR BULLETPROOF VESTS FOR OFFICER SAFETY AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF Attachments: Council Communication Ordinance 2558 10. Administrative Council Business 23-274 Approval of 2024 Proclamations Attachments: Council Communication 2024 List of Proclamations 11. Council Reports 23-297 Review of Work Schedule Attachments: Regular Meetings Study Session Meetings 12. Executive Session 23-273 An executive session of the City Council of Commerce City pursuant to C.R.S. 24-6-402(4)(f)(I) for the purpose of discussion of personnel matters, specifically discussion of the annual performance evaluation of the City Manager. Commerce City Page 4 Printed on 2/21/2024 City Council Meeting Agenda - Final-revised December 18, 2023 13. Adjourn 23-298 City Manager Week in Review Report Attachments: December 8, 2023 Report 23-296 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 5 Printed on 2/21/2024

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