City Council

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, April 15, 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_bm35IqJ5QQuyjF e5hls1EA Regular Meeting. Revised 4/15/2024 at 10:45 AM. Times given are estimates only 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 April 15, 2024, at 6:00 PM. A motion was made by Council Member Ford, seconded by Council Member Kim, to excuse members not present. VOTE: 6 - Aye, 3 - Excused (Dukes, Madera, Noble) Present: 6 - Mayor Steven J. Douglas, Council Member Rocky Teter, Council Member Renee Millard-Chacon, Council Member Craig Kim, Council Member Sean Ford and Council Member Kristi Douglas Excused: 3 - Mayor Pro Tem Susan Noble, Council Member Oscar Madera and Council Member Charles Dukes 2. Pledge of Allegiance The pledge was recited. 3. Approval of Agenda A motion was made by Council Member Ford, seconded by Council Member Teter, to amend the agenda to move the oil and gas monthly update presentation, and the executive sessions for the city attorney and city manager evaluations to May 6, 2024. VOTE: 6 - Aye, 3 - Excused (Dukes, Madera, Noble) 4. Public Comment Commerce City Page 1 City Council Meeting Minutes - Final April 15, 2024 24-021 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, April 15, 2024. Dan Phipps spoke in support of Resolution 2024-037. Stephen Hollis spoke on speeding issues in their neighborhood. Davinder Sandhu spoke on challenges developing the area around 96th Avenue and Tower Road. Austin Gonzalez spoke on the Regional Transportation District's plan to put a bus stop near their house. June Younger, representing the Chamber of Commerce, invited City Council to their upcoming events. Troy Younger spoke on the Regional Transportation District's plan to put a bus stop in their neighborhood. Randy Wolf spoke on homelessness in their neighborhood. 5. Executive Session 24-068 An executive session of the City Council pursuant to C.R.S. 24-6-402(4)(a) for the purpose of discussing the lease or sale of real property located at 5650 Bowen Court and subsection (e) for the purpose of determining positions subject to negotiation and instructing negotiators with regard to the same A motion was made by Council Member Teter, seconded by Council Member Kim, to enter into an executive session of the City Council pursuant to C.R.S. 24-6-402(4)(a) for the purpose of discussing the lease or sale of real property located at 5650 Bowen Court and subsection (e) for the purpose of determining positions subject to negotiation and instructing negotiators with regard to the same. VOTE: Aye: 6- Mayor Douglas, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 3- Mayor Pro Tem Noble, Council Member Madera and Council Member Dukes Commerce City Page 2 City Council Meeting Minutes - Final April 15, 2024 24-074 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 conduct a formulary session to establish performance standards and the manner of performance evaluations of the City Attorney This item was continued to May 6, 2024 during the approval of the agenda. 24-069 An executive session of the City Council 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 Municipal Court Judge. A motion was made by Council Member Kim, seconded by Council Member Teter, to enter into an executive session of the City Council 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 Municipal Court Judge. VOTE: Aye: 6- Mayor Douglas, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 3- Mayor Pro Tem Noble, Council Member Madera and Council Member Dukes 24-096 An executive session of the City Council pursuant to C.R.S. section 24-6-402(4)(f)(I) for the purpose of discussing personnel matters, specifically for teh discussion of the performance expectations of the City Manager. This item was continued to May 6, 2024 during the approval of the agenda. 6. Proclamations and Recognitions Proc 24-004 Proclamation Declaring the Week of April 21-27, 2024 as National Crime Victims' Rights Week in Commerce City, Colorado A motion was made by Council Member Kim, seconded by Council Member Teter, that this Proclamation be approved. VOTE: Aye: 6- Mayor Douglas, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 3- Mayor Pro Tem Noble, Council Member Madera and Council Member Dukes Proc 24-005 Proclamation Declaring April 19, 2024 as Arbor Day in Commerce City Colorado A motion was made by Council Member Kim, seconded by Council Member Ford, that this Proclamation be approved. VOTE: Commerce City Page 3 City Council Meeting Minutes - Final April 15, 2024 Aye: 6- Mayor Douglas, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 3- Mayor Pro Tem Noble, Council Member Madera and Council Member Dukes Proc 24-006 Proclamation Declaring May 2024 as Mental Health Awareness Month in Commerce City, Colorado A motion was made by Council Member Ford, seconded by Council Member Douglas, that this Proclamation be approved. VOTE: Aye: 6- Mayor Douglas, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 3- Mayor Pro Tem Noble, Council Member Madera and Council Member Dukes Proc 24-024 Proclamation Declaring May 2024 as Asian American and Pacific Islander Heritage Month in Commerce City, Colorado A motion was made by Council Member Ford, seconded by Council Member Douglas, that this Proclamation be approved. VOTE: Aye: 6- Mayor Douglas, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 3- Mayor Pro Tem Noble, Council Member Madera and Council Member Dukes Proc 24-007 Proclamation Declaring the Week of April 28 - May 4, 2024 as National Small Business Week in Commerce City, Colorado A motion was made by Council Member Ford, seconded by Council Member Kim, that this Proclamation be approved. VOTE: Aye: 6- Mayor Douglas, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 3- Mayor Pro Tem Noble, Council Member Madera and Council Member Dukes 7. Noticed Council Business 24-093 Coalition Against Bigger Trucks (CABT) Support Letter Request A motion was made by Council Member Ford, seconded by Council Member Teter, to direct staff to draft a letter of opposition on United States House Resolution 3372 and have each Council Member affix their signature to the letter to be sent to Colorado Senator Bennett. VOTE: 6 - Aye, 3 - Excused (Dukes, Madera, Noble) Commerce City Page 4 City Council Meeting Minutes - Final April 15, 2024 8. Presentations - 8:20 PM Pres 24-107 Parks, Recreation & Golf Advisory Committee Annual Update DeLilah Collins and Josh Houde, co-chairs of the Parks, Recreation & Golf Advisory Committee provided their committee's annual update. Pres 24-195 PRG Advisory Park Naming Recommendation Chad Redin, Director of Parks, Recreation & Golf, and DeLilah Collins and Josh Houde, co-chairs of the Parks, Recreation & Golf Advisory Committee, provided their recommendations on the naming of a new city park. Pres 24-209 Oil and Gas Monthly Update This item was continued to May 6, 2024 during the approval of the agenda. 9. Consent Agenda Council Member Douglas requested to pull Resolutions 2024-022 and 2024-040. Mayor Douglas requested to pull Resolutions 2024-031, 2024-032, 2024-033, 2024-35, and 2024-038. A motion was made by Council Member Teter, seconded by Council Member Ford, to approve the Consent Agenda as amended. ROLL CALL VOTE: Aye: 6- Mayor Douglas, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 3- Mayor Pro Tem Noble, Council Member Madera and Council Member Dukes Min 24-058 Minutes of the April 8, 2024 Special Meeting Res 2024-022 A RESOLUTION AUTHORIZING AWARD OF A CONTRACT FOR CONSTRUCTION SERVICES FOR THE CONSTRUCTION OF OASIS PARK TO COLORADO DESIGNSCAPES INC. A motion was made by Council Member Douglas, seconded by Council Member Teter, that this Resolution be adopted with an amendment to correct Section 2 to have the contractor's bid amount be $1,908,000.00. VOTE: Aye: 6- Mayor Douglas, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 3- Mayor Pro Tem Noble, Council Member Madera and Council Member Dukes Commerce City Page 5 City Council Meeting Minutes - Final April 15, 2024 Res 2024-031 A RESOLUTION AWARDING THE 2024 ASPHALT MILL AND OVERLAY PROJECT TO ASPHALT SPECIALTIES COMPANY, INC. A motion was made by Mayor Douglas, seconded by Council Member Teter, that this Resolution be adopted. VOTE: Aye: 6- Mayor Douglas, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 3- Mayor Pro Tem Noble, Council Member Madera and Council Member Dukes Res 2024-032 A RESOLUTION AUTHORIZING AWARD OF A CONTRACT FOR CONSTRUCTION OF THE 2024 SLURRY SEAL PROJECT TO A-1 CHIPSEAL COMPANY A motion was made by Mayor Douglas, seconded by Council Member Kim, that this Resolution be adopted. VOTE: Aye: 6- Mayor Douglas, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 3- Mayor Pro Tem Noble, Council Member Madera and Council Member Dukes Res 2024-033 A RESOLUTION AUTHORIZING AWARD OF A CONTRACT FOR CONSTRUCTION OF THE 2024 HOT-IN-PLACE (HIP) PAVEMENT PROJECT TO CUTLER REPAVING, INC. A motion was made by Council Member Teter, seconded by Council Member Kim, that this Resolution be adoptedVOTE: Aye: 6- Mayor Douglas, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 3- Mayor Pro Tem Noble, Council Member Madera and Council Member Dukes Res 2024-035 A RESOLUTION AUTHORIZING AWARD OF A CONTRACT FOR CONSTRUCTION OF THE 2024 CONCRETE FLATWORK AND REPAIR PROJECT TO GOLD STAR CONCRETE, INC. A motion was made by Council Member Teter, seconded by Council Member Kim, to extend the automatic time of adjournment by 45 minutes. VOTE: 5 - Aye, 1 - Nay (Ford), 3 - Excused (Dukes, Madera, Noble) A motion was made by Council Member Teter, seconded by Council Member Kim, that this Resolution be adopted. VOTE: Aye: 6- Mayor Douglas, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 3- Mayor Pro Tem Noble, Council Member Madera and Council Member Dukes Commerce City Page 6 City Council Meeting Minutes - Final April 15, 2024 Res 2024-038 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONTRACT WITH FELSBURG HOLT AND ULLEVIG FOR TRANSPORTATION PLANNING & ENGINEERING PROFESSIONAL SERVICES FOR THE UPDATE OF THE TRANSPORTATION MASTER PLAN A motion was made by Council Member Kim, seconded by Council Member Teter, that this Resolution be adopted. VOTE: Aye: 6- Mayor Douglas, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 3- Mayor Pro Tem Noble, Council Member Madera and Council Member Dukes Res 2024-040 A RESOLUTION AUTHORIZING AWARD OF A PROFESSIONAL SERVICES AGREEMENT FOR RECONSTRUCTION OF SPRAY GROUNDS AT PIONEER PARK A motion was made by Mayor Douglas, seconded by Council Member Kim, that this Resolution be adopted. VOTE: Aye: 6- Mayor Douglas, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 3- Mayor Pro Tem Noble, Council Member Madera and Council Member Dukes 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 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 10. Ordinances on 1st Reading Commerce City Page 7 City Council Meeting Minutes - Final April 15, 2024 Ord 2569 AN ORDINANCE AMENDING SECTION 2105 OF ARTICLE II OF CHAPTER 11 OF THE COMMERCE CITY REVISED MUNICIPAL CODE TO ADD THE DEFINITION OF UTILITY TRAILER AND MAKE RELATED CLARIFYING CHANGES A motion was made by Council Member Kim, seconded by Council Member Douglas, that this Ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 6- Mayor Douglas, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 3- Mayor Pro Tem Noble, Council Member Madera and Council Member Dukes Ord 2575 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE COLORADO DEPARTMENT OF TRANSPORTATION GRANT IN THE AMOUNT OF $6,000 FOR CLICK IT OR TICKET AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF. A motion was made by Council Member Kim, seconded by Council Member Douglas, that this Ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 6- Mayor Douglas, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 3- Mayor Pro Tem Noble, Council Member Madera and Council Member Dukes Ord 2582 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE COLORADO DEPARTMENT OF TRANSPORTATION GRANT IN THE AMOUNT OF $200,000 FOR THE E. 64TH AVENUE CORRIDOR STUDY AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF. A motion was made by Council Member Teter, seconded by Council Member Kim, that this Ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 6- Mayor Douglas, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 3- Mayor Pro Tem Noble, Council Member Madera and Council Member Dukes Commerce City Page 8 City Council Meeting Minutes - Final April 15, 2024 11. Administrative Council Business A motion was made by Council Member Kim, seconded by Council Member Douglas, to direct staff to include a cross walk across Parkway Drive in the 2025 capital improvement project budget or identify a funding source sooner if available. VOTE: 6 - Aye, 3 - Excused (Dukes, Madera, Noble) A motion was made by Council Member Kim, seconded by Council Member Chacon, to request Cases #S-821-22 and S-821-24 be called up through the public hearing process of the planning commission and city council. VOTE: 6 - Aye, 3 - Excused (Dukes, Madera, Noble) 24-103 Quality Community Foundation Roster Update Deputy City Clerk Roberts provided an update on the Quality Community Foundation's roster. 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. 24-058 Review of Work Schedule 13. Adjourn A motion was made by Council Member Douglas, seconded by Council Member Kim, to adjourn the meeting. VOTE: 6 - Aye, 3 - Excused (Dukes, Madera, Noble) The meeting adjourned at 11:15 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 24-095 City Manager Week in Review Report 24-094 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 9