City Council

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, March 4, 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_vy8VpAiqQmC0zH QSbLZlDw Regular Meeting Times given are estimates only Revised 3/4/2024 @ 12:30 PM 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 March 4, 2024, 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 Council Member Teter, to approve the agenda as presented. VOTE: 9 - Aye 4. Public Comment Commerce City Page 1 City Council Meeting Minutes - Final March 4, 2024 24-016 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, March 4, 2024. - Curtis Volesky spoke on dangerous road conditions on Tower Rd. - Joy Bishop spoke on homelessness and outreach in their community. - Jackie Valdez spoke on traffic conditions in their community. - Representatives from the Commerce City Chamber of Commerce invited Council to their annual Kentucky Derby event. - Scott VanHeusen spoke on public transit options in their community. - Keith Rogers spoke on traffic conditions and noise in their community. - Trudy Smith spoke on concerns she has with Environmental Policy Advisory Committee support. - Lisa Morgan spoke on abandoned cars in their community. - Jose Alberto Garcia spoke on situation at their community church. The following spoke on animal mills in Commerce City: - Mary Conroy - Michele Baum 5. Presentations Pres 24-098 Oil and Gas Monthly Update Dr. Rosemarie Russo, Environmental Planner, gave the monthly environmental planning policy and oil and gas update. Pres 24-145 Presentation Regarding the Extension of Yosemite Street Over the O’Brian Canal Between E. 92nd Avenue and E. 93rd Place Larius Hassen,Public Works Director, presented on the Yosemite Street extension. 6. Consent Agenda A motion was made by Council Member Ford, seconded by Council Member Teter, to approve the Consent Agenda as amended. 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 March 4, 2024 Min 24-032 Minutes of the February 5, 2024 Regular Meeting Res 2024-011 A RESOLUTION APPOINTING MEMBERS TO DESIGNATED BOARDS AND COMMISSIONS OF COMMERCE CITY A motion was made by Council Member Madera, seconded by Council Member Teter, that this Resolution be adopted. VOICE 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 Res 2024-015 A RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR AV UPGRADES AT BISON RIDGE RECREATION CENTER TO BEACON COMMUNICATIONS LLC Res 2024-018 A RESOLUTION AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO THE CONTRACT BY AND BETWEEN THE CITY OF COMMERCE CITY AND HUITT-ZOLLARS, INC. FOR DESIGN AND PRECONSTRUCTION SERVICES FOR THE e. 96TH AVENUE WIDENING PROJECT A motion was made by Mayor Pro Tem Noble, seconded by Council Member Dukes, that this Resolution be adopted. VOICE 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 2561 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE ADAMS COUNTY OPEN SPACE GRANT FOR THE PIONEER PARK SPRAY GROUND REFURBISHMENT IN THE AMOUNT OF $750,000 AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF Ord 2568 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS IN THE AMOUNT OF $401,461 AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF. 7. Public Hearings Commerce City Page 3 City Council Meeting Minutes - Final March 4, 2024 Z-990-24 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO BY REZONING THE PROPERTY GENERALLY LOCATED AT 6601 COLORADO BOULEVARD FROM AGRICULTURAL DISTRICT (AG) & LIGHT INTENSITY INDUSTRIAL DISTRICT (I-1) TO MEDIUM INTENSITY INDUSTRIAL DISTRICT (I-2) Mayor Douglas opened the public hearing. Dalton Guerra, City Planner, provided the staff presentation to Council. Dalton provided an overview of the property history, the current zoning usage, and the case analysis. Aaron McClain, Galloway & Company, and Mike Miller, Owner, gave the applicant's presentation and were present to take questions from Council. Jackie Valdez provided testimony in opposition on the matter. Mayor Douglas closed the public hearing. A motion was made by Council Member Ford, seconded by Council Member Dukes, to accept the recommendations of the Planning Commission in case #Z-990-24. Motion Failed. VOTE: 4 - Aye (Dukes, Ford, Madera, Teter), 5 - Nay A motion was made by Council Member Kim, seconded by Mayor Pro Tem Noble, that this Zoning Ordinance be continued to the March 18th regular meeting. VOTE: Aye: 8- Council Member Douglas, Mayor Pro Tem Noble, Council Member Madera, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Dukes and Council Member Ford Nay: 1- Council Member Douglas Commerce City Page 4 City Council Meeting Minutes - Final March 4, 2024 CUP23-0003 South Adams County Water and Sanitation District, on behalf of Kroenke CC Properties LLC, is requesting a Conditional Use Permit for a water treatment facility, for the property generally located at the northeast corner of E. 74th Place and Quebec Street (west of 7400 Quebec Street), zoned PUBLIC and consisting of approximately 9.738 acres Mayor Douglas opened the public hearing. Stacy Wasinger, City Planner, provided the staff presentation to Council. Stacy provided an overview of the property history, the current zoning usage, and the case analysis. Kipp Scott, Water Systems Manager - South Adams Water and Sanitation District, gave the applicant's presentation and were present to take questions from Council. Mayor Douglas closed the public hearing. A motion was made by Council Member Teter, seconded by Council Member Kim, to accept the findings and recommendations of the Planning Commission in case # CUP23-0003. VOTE: 9 - Aye A motion was made by Mayor Pro Tem Noble, seconded by Council Member Teter, to add the following conditions, removal of administrative review with the requirement of City Council approval, operating hours 7:00 am to 5:00 pm, and operating days Monday through Friday. VOTE: 9 - Aye A motion was made by Council Member Ford, seconded by Council Member Kim, that this Conditional Use Permit be adopted. 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 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, March 4th. Please contact the City Clerk to request paper copies of materials. 8. Ordinances on 1st Reading Council Member Madera left the meeting at 9:50 pm and returned at 10:00 pm. Commerce City Page 5 City Council Meeting Minutes - Final March 4, 2024 Ord 2565 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF AMERICAN RESCUE PLAN ACT CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY GRANT FUNDS IN THE AMOUNT OF $20,500 FOR FOOD ASSISTANCE PROGRAMS AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF. A motion was made by Council Member Dukes, seconded by Mayor Pro Tem Noble, that this Ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 8- Council Member Douglas, Mayor Pro Tem Noble, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Dukes, Council Member Ford and Council Member Douglas Abstained: 1- Council Member Madera 9. Administrative Council Business A motion was made by Council Member Kim, seconded by Council Member Dukes, requesting the City Manager work with staff to draft a new ordinance banning pet mills and home breeding operations, including language that at a minimum those that sell large amounts of animals from their residents be subject to regulatory oversight. VOTE: 9 - Aye A motion was made by Council Member Kim, seconded by Council Member Douglas, to have staff look at a broader program to assist those with disabilities with maintaining sidewalks and home repair. VOTE: 9 - Aye A motion was made by Council Member Madera, seconded by Council Member Ford, to have staff evaluate if the operating hours of Rocky Mountain Recycling violates the current CUP. VOTE: 9 - Aye A motion was made by Council Member Madera, seconded by Council Member Dukes, to have code enforcement review the industrial properties for compliance along Colorado Blvd and Brighton Blvd. VOTE: 9 - Aye A motion was made by Council Member Madera, seconded by Council Member Kim, to have staff develop a plan on addressing illegal off-road vehicle use on City streets. VOTE: 9 - Aye 24-070 March 11 Study Session Meeting Cancellation A motion was made by Mayor Pro Tem Noble, seconded by Council Member Kim, to cancel the March 11th meeting. VOTE: 9 - Aye 24-061 2024 Run for the Roses - Kentucky Derby in Derby Watch Party A motion was made by Council Member Ford, seconded by Council Member Dukes, to sponsor the Run for the Roses event in the amount of $2500. VOTE: 9 - Aye Commerce City Page 6 City Council Meeting Minutes - Final March 4, 2024 24-062 2024 Boys & Girls Clubs of Metro Denver Annual Gala A motion was made by Council Member Madera, seconded by Council Member Dukes, to approve sponsoring a table for ten people at $3500. VOTE: 9 - Aye 24-067 Food for Hope Annual Gala 2024 A motion was made by Mayor Douglas, seconded by Council Member Dukes, to extend the automatic adjourn time by 30 minutes. VOTE: 7 - Aye, 2 - Nay (Ford, Madera) A motion was made by Council Member Dukes, seconded by Council Member Madera, to sponsor the Food for Hope Annual Gala in the amount of $1000. VOTE: 9 - Aye 24-071 DC Advocacy Trip Meeting Talking Points A motion was made by Mayor Pro Tem Noble, seconded by Council Member Kim, to add a discussion with Fish and Wildlife and the Army about a north entrance to the Rocky Mountain Arsenal in Commerce City. VOTE: 6 - Aye, 3 - Nay (Dukes, Ford, Teter) 10. Council Reports Acting City Manager Blakeman highlighted items presented in the City Manager's weekly report provided to council earlier. The mayor and council reported on their attendance at various meetings and events. 24-051 Staff Proposed Agenda Modifications This item was not discussed. 24-054 Review of Work Schedule 11. Executive Session 24-073 An executive session pursuant to C.R.S. 24-6-402(4)(e) for the purpose of determining position relative to a matter that may be subject to negotiations concerning incentives for a potential economic development project within the city A motion was made by Council Member Dukes, seconded by Council Member Kim, to automatically adjourn the City Council meeting following the executive session. VOTE: 9 - Aye A motion was made by Council Member Madera, seconded by Council Member Dukes, to enter into executive session pursuant to C.R.S. 24-6-402(4)(e) for the purpose of determining position relative to a matter that may be subject to negotiations concerning incentives for a potential economic development project within the city. VOTE: Commerce City Page 7 City Council Meeting Minutes - Final March 4, 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 12. Adjourn The meeting adjourned at 11:00 PM. 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 24-072 City Manager Week in Review Report 24-011 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 8