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City Council

Regular Meeting

Commerce City, CO · January 8, 2024

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Minutes

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, January 8, 2024 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_xaRRuTLASdusSv prAXbCIA Regular Meeting Times given are estimated only Updated 1/8/24 @ 10:00 AM 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 January 8, 2024, at 6:01 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 Council Member Douglas, to approve this meeting's agenda as is. Vote: 9 - Aye 4. Public Comment Commerce City Page 1 City Council Meeting Minutes - Final January 8, 2024 24-006 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, January 8, 2024. - Ronna Sanchez spoke on the Metro Districts meetings. - Jackie Valdez spoke on an upcoming meeting with the Mayor and snow plowing on neighborhood roads. 5. Proclamations and Recognitions Proc 24-001 Proclamation Declaring February 2024 as Black History Month in Commerce City, Colorado Mayor Douglas read the proclamation. A motion was made by Council Member Kim, seconded by Council Member Dukes, that this Proclamation be approved. VOICE VOTE: Unanimous, all present affirmed. 6. Presentations Pres 24-024 Oil and Gas Monthly Update Dr. Rosemarie Russo, Sustainability Manager, gave the presentation. 7. 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 Min 24-012 Minutes of the December 4, 2023 Regular Meeting Min 24-010 Minutes of the December 11, 2023 Regular Meeting Commerce City Page 2 City Council Meeting Minutes - Final January 8, 2024 Min 24-011 Minutes of the December 11, 2023 Organizational Meeting Min 24-001 Minutes of the December 12, 2023 Special Meeting Min 24-002 Minutes of the December 18, 2023 Regular Meeting Res 2024-006 A RESOLUTION AUTHORIZING AWARD OF A CONTRACT FOR ALLIED UNIVERSAL SECURITY FOR UNIFORMED ARMED SECURITY SERVICES 8. Resolutions Res 2024-003 A RESOLUTION APPOINTING LEE ZARZECKI AS CITY ATTORNEY EFFECTIVE FEBRUARY15, 2024 AND APPROVING AN EMPLOYMENT AGREEMENT A motion was made by Council Member Dukes, seconded by Mayor Pro Tem Noble, that this Resolution be adopted. VOICE VOTE: Unanimous, all present affirmed. 9. 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. Stacy Wasinger, Principal Planner, provided the staff presentation to Council. Kip Scott, Special Projects Manager with South Adams County Water & Sanitation District, gave the applicant's presentation and were present to take questions from Council. Jackie Valdez spoke on the water quality from SACWSD. Mayor Douglas closed the public hearing. A motion was made by Council Member Dukes, seconded by Council Member Ford, to accept the findings and recommendations of the Planning Commission. VOTE: 9 - Aye A motion was made by Council Member Dukes, seconded by Council Member Teter, that this Zoning Ordinance be introduced by council as seated and approved on first reading. VOTE: Commerce City Page 3 City Council Meeting Minutes - Final January 8, 2024 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 The public hearings will be conducted hybrid in person and via Zoom. There will be an opportunity to testify live during the meeting via Zoom or in person. Visit c3gov.com/council and click on “Virtual Meeting and Public Comment Instructions” for instructions on how to register to speak via Zoom or submit comments. The deadline to register to comment via Zoom and to submit written comments is noon on Monday, January 8, 2024. In person speakers may appear in person and register using the iPad in the back of the Chambers by the start of the public hearing. Please contact the City Clerk to request paper copies of materials. 10. Ordinances on 1st Reading Ord 2556 AN ORDINANCE AMENDING SECTIONS 8-2203 (MARIJUANA LICENSING HEARING NOTICES), 11-49 (NOTICE OF ABANDONED VEHICLES), AND 22-28 (MATTERS OF STATE INTEREST) OF THE COMMERCE CITY REVISED MUNICIPAL CODE (CCRMC) FOLLOWING THE PASSAGE OF A CHARTER AMENDMENT TO STANDARDIZE AND MODERNIZE OF PUBLICATION REQUIREMENTS FOR LEGAL NOTICES, ORDINANCES, DOCUMENTS, AND OTHER LEGAL PUBLICATIONS AT THE NOVEMBER 7, 2023 COORDINATED MAIL BALLOT ELECTION A motion was made by Council Member Dukes, seconded by Council Member Ford, 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 Ord 2560 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FUNDS IN THE AMOUNT OF $29,899 AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF A motion was made by Council Member Teter, 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 Commerce City Page 4 City Council Meeting Minutes - Final January 8, 2024 Ord 2562 AN ORDINANCE AMENDING COMMERCE CITY REVISED MUNICIPAL CODE (CCRMC) SECTION 2-2001 TO DECREASE THE NUMBER OF REGULAR CITY COUNCIL MEETINGS FROM THREE TO TWO A MONTH AND INCREASE THE NUMBER OF STUDY SESSIONS FROM ONE TO TWO A MONTH A motion was made by Council Member Teter, seconded by Council Member Dukes, 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 11. Administrative Council Business A motion was made by Council Member Kim, seconded by Council Member Chacon, to look into Ronna Sanchez request on the metro districts, and to direct to staff look into potential options to dissolve existing metro districts, and to bring this to a study session in Q1 of 2024. VOTE: 9 - Aye. A motion was made by Council Member Dukes, seconded by Council Member Douglas, to explore holding a study session about high hazard zones and speeding in the City. VOTE: 9 - Aye A motion was made by Council Member Douglas, seconded by Mayor Pro Tem Noble, to bring a study session to discuss how to close the road from 68th Ave and Highway 85 from 18-wheeler traffic nearby the neighborhood. VOTE: 7 - Aye, 2 - Nay (Madera, Teter) 24-001 Planning Commission Request for Council Authorized Committee on Comprehensive Plan Training Planning Commissioner Cammack spoke on this item. A motion was made by Council Member Douglas, seconded by Mayor Pro Tem Noble, to create a subcommittee comprised of two Planning Commission members and one City Council member for the purpose of reviewing and making recommendations to the Planning Commission, to retain an external consultant and authorize the procurement of the consultant to provide guidance and training to the Planning Commission, to be completed within 90 days. VOTE: 9 - Aye 24-004 Unauthorized Urban Camping Ban Updates Assistant City Manager Tolbert gave the presentation. A motion was made by Council Member Kim, seconded by Council Member Douglas, to extend the meeting for an hour. Aye - 7, Nay - 2 (Madera, Ford). A motion was made by Mayor Douglas, seconded by Council Member Dukes, to bring this topic to a future study session as soon as possible. VOTE: 9 - Aye Commerce City Page 5 City Council Meeting Minutes - Final January 8, 2024 24-031 Short-Term Rental Study Session Request A motion was made by Council Member Dukes, seconded by Council Member Chacon, to bring this item to an upcoming study session. VOTE: 9 - Aye 12. 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. At 10:43 PM, a motion was made by Mayor Douglas, seconded by Council Member Kim, to extend the meeting to midnight. VOTE: 7 - Aye, 2 - Nay (Madera, Teter) 24-007 Review of Work Schedule 13. Executive Session 24-003 An executive session of the City Council of Commerce City pursuant to C.R.S. § 24-6-402(4)(a) to address the purchase of real property for a potential shelter space for unhoused individuals, pursuant to C.R.S. § 24-6-402(4)(e) for the purpose of instructing negotiators with regard to the same, and pursuant to C.R.S. § 24-6-402(4)(b) to receive legal advice relating to the basis for the potential need for a shelter or similar facility in the City Council did not take action on this item. 24-002 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 Teter, to enter into an executive session 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. 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 6 City Council Meeting Minutes - Final January 8, 2024 14. Adjourn A motion was made by Council Member Dukes, seconded by Council Member Chacon, to adjourn into executive session. VOTE: 8 - Aye, 1 - Nay (Teter) The meeting adjourned at 11:58 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 24-008 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-revised City Council Monday, January 8, 2024 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_xaR RuTLASdusSvprAXbCIA Regular Meeting Times given are estimated only Updated 1/8/24 @ 10:00 AM 1. Call to Order/Roll Call 2. Pledge of Allegiance 3. Approval of Agenda 4. Public Comment 24-006 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, January 8, 2024. 5. Proclamations and Recognitions Proc 24-001 Proclamation Declaring February 2024 as Black History Month in Commerce City, Colorado Attachments: 2024 Black History Month Proclamation 6. Presentations Commerce City Page 1 Printed on 2/21/2024 City Council Meeting Agenda - Final-revised January 8, 2024 Pres 24-024 Oil and Gas Monthly Update Attachments: Council Communication Presentation 7. Consent Agenda Min 24-012 Minutes of the December 4, 2023 Regular Meeting Attachments: December 4, 2023 Meeting Minutes Min 24-010 Minutes of the December 11, 2023 Regular Meeting Attachments: December 11, 2023 Meeting Minutes Min 24-011 Minutes of the December 11, 2023 Organizational Meeting Attachments: December 11, 2023 Organization Meeting Minutes Min 24-001 Minutes of the December 12, 2023 Special Meeting Attachments: December 12, 2023 Meeting Minutes Min 24-002 Minutes of the December 18, 2023 Regular Meeting Attachments: December 18, 2023 Minutes Res A RESOLUTION AUTHORIZING AWARD OF A CONTRACT FOR ALLIED 2024-006 UNIVERSAL SECURITY FOR UNIFORMED ARMED SECURITY SERVICES Attachments: Council Communication Resolution 2024-006 Contract Amendment 2023- Original Agreement 2024 Draft Service Agreement 8. Resolutions Res A RESOLUTION APPOINTING LEE ZARZECKI AS CITY ATTORNEY 2024-003 EFFECTIVE FEBRUARY15, 2024 AND APPROVING AN EMPLOYMENT AGREEMENT Attachments: Council Communication Resolution 2024-003 Exhibit A - Employment Agreement 9. Public Hearings Commerce City Page 2 Printed on 2/21/2024 City Council Meeting Agenda - Final-revised January 8, 2024 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 Continued from December 18, 2023 The public hearings will be conducted hybrid in person and via Zoom. There will be an opportunity to testify live during the meeting via Zoom or in person. Visit c3gov.com/council and click on “Virtual Meeting and Public Comment Instructions” for instructions on how to register to speak via Zoom or submit comments. The deadline to register to comment via Zoom and to submit written comments is noon on Monday, January 8, 2024. In person speakers may appear in person and register using the iPad in the back of the Chambers by the start of the public hearing. Please contact the City Clerk to request paper copies of materials. 10. Ordinances on 1st Reading Commerce City Page 3 Printed on 2/21/2024 City Council Meeting Agenda - Final-revised January 8, 2024 Ord 2556 AN ORDINANCE AMENDING SECTIONS 8-2203 (MARIJUANA LICENSING HEARING NOTICES), 11-49 (NOTICE OF ABANDONED VEHICLES), AND 22-28 (MATTERS OF STATE INTEREST) OF THE COMMERCE CITY REVISED MUNICIPAL CODE (CCRMC) FOLLOWING THE PASSAGE OF A CHARTER AMENDMENT TO STANDARDIZE AND MODERNIZE OF PUBLICATION REQUIREMENTS FOR LEGAL NOTICES, ORDINANCES, DOCUMENTS, AND OTHER LEGAL PUBLICATIONS AT THE NOVEMBER 7, 2023 COORDINATED MAIL BALLOT ELECTION Attachments: Council Communication Ordinance 2556 Ord 2560 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FUNDS IN THE AMOUNT OF $29,899 AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF Attachments: Council Communication Ordinance 2560 Ord 2562 AN ORDINANCE AMENDING COMMERCE CITY REVISED MUNICIPAL CODE (CCRMC) SECTION 2-2001 TO DECREASE THE NUMBER OF REGULAR CITY COUNCIL MEETINGS FROM THREE TO TWO A MONTH AND INCREASE THE NUMBER OF STUDY SESSIONS FROM ONE TO TWO A MONTH Attachments: Council Communication Ordinance 2562 11. Administrative Council Business 24-001 Planning Commission Request for Council Authorized Committee on Comprehensive Plan Training Attachments: Council Communication Planning Commission Request Memo 24-004 Unauthorized Urban Camping Ban Updates Attachments: Council Communication Presentation Ordinance 2431 Policy Draft 24-031 Short-Term Rental Study Session Request Commerce City Page 4 Printed on 2/21/2024 City Council Meeting Agenda - Final-revised January 8, 2024 12. Council Reports 24-007 Review of Work Schedule Attachments: Council Communication Regular Meetings Study Sessions 13. Executive Session 24-003 An executive session of the City Council of Commerce City pursuant to C.R.S. § 24-6-402(4)(a) to address the purchase of real property for a potential shelter space for unhoused individuals, pursuant to C.R.S. § 24-6-402(4)(e) for the purpose of instructing negotiators with regard to the same, and pursuant to C.R.S. § 24-6-402(4)(b) to receive legal advice relating to the basis for the potential need for a shelter or similar facility in the City 24-002 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. 14. Adjourn 24-008 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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