City Council

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, March 18, 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_AbRKstYZRp-Qu3r yvze6MQ Regular Meeting. Times given are estimates only. Revised 3/18/2024 @ 3:00 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 18, 2024, at 6:00 PM. A motion was made by Council Member Ford, seconded by Mayor Pro Tem Noble, to excuse members not present. VOTE: 8 - Aye, 1 - Excused (Madera) Present: 8 - Mayor Steven J. Douglas, Mayor Pro Tem Susan Noble, 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 Excused: 1 - Council Member Oscar Madera 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 Dukes, to adopt the agenda. VOTE: 8 - Aye, 1 - Excused (Madera) 4. Public Comment Commerce City Page 1 City Council Meeting Minutes - Final March 18, 2024 24-018 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 18, 2024. The following spoke against Ordinance 2573: Ronna Sanchez Dianne Houghtaling Janet Hopkins Ryan Keefer The following spoke in support of Ordinance 2573: Monica Burton Daniel Frank Morgan Cullen, representing the Home Builders Association of Metro Denver Jackie Valdez spoke on truck traffic and proposed improvement to Colorado Boulevard. Scott VanHeusen spoke on the draft comprehensive plan. 5. Noticed Council Business 24-079 Proposed Amendment to Ordinance No. 2431 An Ordinance amending the Commerce City Revised Municipal Code by adding a section restricting Unauthorized Urban Camping. A motion was made by Council Member Ford, seconded by Council Member Teter, to direct the City Attorney to bring back an ordinance amending the Commerce City Revised Municipal Code section 12-3012 by removing subsections 12-3012(c)(2) and 12-3012(c)(3). Council Member Chacon offered a friendly amendment to the motion to offer wrap-around services instead of citations for those violating Section 12-3012. Council Member Ford accepted the amendment. VOTE: 8 - Aye, 1 - Excused (Madera) 6. Presentations Pres 24-047 Short-Term Rental Registration Jim Tolbert, Assistant City Manager, provide an update on draft short-term rental regulations. Commerce City Page 2 City Council Meeting Minutes - Final March 18, 2024 7. Consent Agenda Mayor Douglas requested to pull Resolutions 2024-026 and 2024-028 from the consent agenda. A motion was made by Council Member Teter, seconded by Council Member Kim, to approve the Consent Agenda as amended. ROLL CALL VOTE: Aye: 8- Mayor 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 Excused: 1- Council Member Madera Min 24-045 Minutes of the March 4, 2024 Regular Meeting Res 2024-023 A RESOLUTION AUTHORIZING AWARD OF A SERVICES AGREEMENT FOR MECHANICAL ROOF TOP UNIT REPLACEMENTS FOR CIVIC CENTER AND EAGLE POINTE RECREATION CENTER Res 2024-026 A RESOLUTION AUTHORIZING AMENDMENT OF A CONTRACT FOR NON-IRRIGATED LANDSCAPE MAINTENANCE SERVICES WITH RUBICON CONTRACTING, LLC A motion was made by Council Member Dukes, seconded by Council Member Kim, that this Resolution be adopted. VOTE: Aye: 8- Mayor 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 Excused: 1- Council Member Madera Res 2024-028 A RESOLUTION AUTHORIZING AMENDMENT OF A CONTRACT FOR NON-IRRIGATED LANDSCAPE MAINTENANCE SERVICES WITH APPLIED PROPERTY SERVICES, INC. A motion was made by Council Member Dukes, seconded by Council Member Ford, that this Resolution be adopted. VOTE: Aye: 8- Mayor 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 Excused: 1- Council Member Madera Commerce City Page 3 City Council Meeting Minutes - Final March 18, 2024 Ord 2570 AN ORDINANCE AUTHORIZING THE LEASE OF OFFICE SPACE FOR THE SEXUAL ASSAULT TASK FORCE WITH ADAMS COUNTY; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT; SETTING FORTH PARAMETERS AND RESTRICTIONS; AND PROVIDING FOR OTHER RELATED MATTERS 8. Public Hearings 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) A motion was made by Mayor Pro Tem Noble, seconded by Council Member Teter, to re-open the public hearing. VOTE: 8 - Aye, 1 - Excused (Madera) Carolynne White, representing the applicant, provided an updated presentation. Jackie Valdez spoke in opposition to the case. Mayor Douglas closed the public hearing. A motion was made by Council Member Teter, seconded by Council Member Dukes, to accept the findings and recommendations of the Planning Commission on Case #Z-990-24. VOTE: 5 - Aye, 3 - Nay (Chacon, K.Douglas, S.Douglas), 1 - Excused (Madera) A motion was made by Mayor Pro Tem Noble, seconded by Council Member Kim, to enter into executive session pursuant to C.R.S. 24-6-402(4)(b) for the purpose of seeking legal advice related to zoning approval criteria. VOTE: 8 - Aye, 1 - Excused (Madera) A motion was made by Council Member Dukes, seconded by Council Member Teter, that this Zoning Ordinances be introduced by council as seated and approved on first reading. VOTE: Aye: 5- Mayor Pro Tem Noble, Council Member Teter, Council Member Kim, Council Member Dukes and Council Member Ford Nay: 3- Mayor Douglas, Council Member Millard-Chacon and Council Member Douglas Excused: 1- Council Member Madera Commerce City Page 4 City Council Meeting Minutes - Final March 18, 2024 The public hearings will be conducted in a hybrid format in person and via Zoom. There will be an opportunity to testify live during the meeting or 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 18th. Please contact the City Clerk to request paper copies of materials. 9. Ordinances on 1st Reading Ord 2571 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY BY RE-APPROPRIATING REMAINING AMERICAN RESCUE PLAN ACT FUNDING BALANCES IN THE GENERAL FUND AND FACILITIES SERVICES FUND, AND RETURNING A SURPLUS TRANSFER AMOUNT FROM THE FLEET MANAGEMENT FUND TO THE GENERAL FUND IN THE TOTAL AMOUNT OF $2,494,500 AND AUTHORIZING THE EXPENDITURE THEREOF A motion was made by Council Member Kim, seconded by Council Member Dukes, that this Ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 8- Mayor 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 Excused: 1- Council Member Madera Ord 2574 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY BY RECOGNIZING THE REMAINING PORTION OF THE CITY’S TOTAL $10,505,025 AMERICAN RESCUE PLAN ACT FUNDING ALLOCATION IN THE AMOUNT OF $7,453,025 AND AUTHORIZING THE EXPENDITURE THEREOF A motion was made by Council Member Douglas, seconded by Mayor Pro Tem Noble, to extend the automatic time of adjournment of the meeting by half an hour. VOTE: 5 - Aye, 3 - Nay (Dukes, Ford, Kim) A motion was made by Mayor Pro Tem Noble, seconded by Council Member Douglas, that this Ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 8- Mayor 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 Excused: 1- Council Member Madera Commerce City Page 5 City Council Meeting Minutes - Final March 18, 2024 Ord 2573 AN ORDINANCE REPEALING ORDINANCE NO. 2453 IMPOSING A MORATORIUM UPON THE CITY’S PROCESSING OF APPLICATIONS FOR APPROVAL OF NEW SERVICE PLANS FOR RESIDENTIAL METROPOLITAN DISTRICTS A motion was made by Council Member Dukes, seconded by Council Member Teter, that this Ordinance be introduced by council as seated and approved on first reading. VOICE VOTE: Aye: 3- Council Member Teter, Council Member Dukes and Council Member Ford Nay: 5- Mayor Douglas, Mayor Pro Tem Noble, Council Member Millard-Chacon, Council Member Kim and Council Member Douglas Excused: 1- Council Member Madera 10. Ordinances on 2nd Reading Ord 2564 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF GRANT FUNDING FROM THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) IN THE AMOUNT OF $3,840,000 FOR THE WIDENING OF 88TH AVENUE IN THE CITY OF COMMERCE CITY AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF The City Clerk read the amended ordinance into the record. A motion was made by Council Member Ford, seconded by Council Member Dukes, that this Ordinance be approved on second & final reading. VOTE: Aye: 8- Mayor 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 Excused: 1- Council Member Madera 11. Administrative Council Business A motion was made by Council Member Kim, seconded by Mayor Pro Tem Noble, to direct staff to bring City Council a framework for researching further information on funding alternatives to metropolitan districts within one month. VOTE: 7 - Aye, 1 - Nay (Teter), 1 - Excused (Madera) 24-064 International Council Shopping Center Conference Registration A motion was made by Council Member Douglas, seconded by Council Member Chacon, to select Mayor Douglas and Mayor Pro Tem Noble to attend the International Council Shopping Center Conference. VOTE: 8 - Aye, 1 - Excused (Madera) Commerce City Page 6 City Council Meeting Minutes - Final March 18, 2024 24-081 Camo to College Golf Tournament Sponsorship A motion was made by Council Member Kim, seconded by Council Member Teter, to sponsor the Camo to College golf tournament. VOTE: 8 - Aye, 1 - Excused (Madera) 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. 24-056 Review of Work Schedule 13. Executive Session 24-041 An executive session of the City Council pursuant to C.R.S. section 24-6-402(4)(f)(I) for the discussion of personnel matters, specifically to discuss performance standards of the City Manager. A motion was made by Council Member Chacon, seconded by Council Member Ford, to continue this item to April. VOTE: 8 - Aye, 1 - Excused (Madera) 14. 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. _________________________________ Dylan A. Gibson, City Clerk 24-080 City Manager Week in Review Report 24-013 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