City Council

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, May 6, 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_augJxGOCQqyM Kmv6lEua0g Regular Meeting 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 May 6, 2024, at 6:00 PM. A motion was made by Council Member Ford, seconded by Council Member Douglas, to excuse those members not present. VOTE: 7 - Aye, 2 - Excused (Madera, Kim) Present: 7 - Mayor Steven J. Douglas, Mayor Pro Tem Susan Noble, Council Member Rocky Teter, Council Member Renee Millard-Chacon, Council Member Charles Dukes, Council Member Sean Ford and Council Member Kristi Douglas Excused: 2 - Council Member Oscar Madera and Council Member Craig Kim 2. Pledge of Allegiance The pledge was recited. 3. Approval of Agenda A motion was made by Mayor Pro Tem Noble, seconded by Council Member Douglas, to approve the agenda. VOTE: 7 - Aye, 2 - Excused (Madera, Kim) 4. Public Comment Commerce City Page 1 City Council Meeting Minutes - Final May 6, 2024 24-022 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, May 6, 2024. - Rene Bullock spoke on comments made at the April 22nd Study Session regarding the Commerce City Chamber of Commerce. - Jackie Valdez spoke on traffic along 60th Ave. and Colorado Blvd, as well as 68th Ave. and Brighton Blvd. 5. Executive Session 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 A motion was made by Council Member Teter, seconded by Council Member Millard-Chacon, to enter into an executive session 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. VOICE VOTE: 7 - Aye, 2 - Excused (Madera, Kim). 24-042 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 Mayor Pro Tem Noble, seconded by Council Member Teter, to enter into an executive session 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. VOICE VOTE: 7 - Aye, 2 - Excused (Madera, Kim). Commerce City Page 2 City Council Meeting Minutes - Final May 6, 2024 24-110 An executive session of the City Council pursuant to C.R.S. 24-6-402(4)(a) for the purpose of discussing the lease of real property located in the Adams Tower Building at 7190 Colorado Boulevard 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 Mayor Pro Tem Noble, seconded by Council Member Millard-Chacon, to enter into an executive session pursuant to C.R.S. 24-6-402(4)(a) for the purpose of discussing the lease of real property located in the Adams Tower Building at 7190 Colorado Boulevard and subsection (e) for the purpose of determining positions subject to negotiation and instructing negotiators with regard to the same. VOTE: 7 - Aye, 2 - Excused (Madera, Kim). 24-111 An executive session of the City Council pursuant to C.R.S. 24-6-402(4)(a) for the purpose of discussing the lease of real property located at 12253 E 104th Pl 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 Mayor Pro Tem Noble, 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 of real property located at 12253 E 104th Pl and subsection (e) for the purpose of determining positions subject to negotiation and instructing negotiators with regard to the same. VOTE: 7 - Aye, 2 - Excused (Madera, Kim). 6. Proclamations and Recognitions Proc 24-008 Proclamation Declaring May 18, 2024 as Kids to Parks Day in Commerce City, Colorado A motion was made by Council Member Ford, seconded by Council Member Teter, that this Proclamation be approved. VOICE VOTE: Aye: 7- Mayor Douglas, Mayor Pro Tem Noble, Council Member Teter, Council Member Millard-Chacon, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 2- Council Member Madera and Council Member Kim Proc 24-009 Proclamation Declaring the Week of May 19 - 25, 2024 as Public Works Week in Commerce City, Colorado A motion was made by Council Member Ford, seconded by Council Member Teter, that this Proclamation be approved. VOICE VOTE: Aye: 7- Mayor Douglas, Mayor Pro Tem Noble, Council Member Teter, Council Member Millard-Chacon, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 2- Council Member Madera and Council Member Kim Commerce City Page 3 City Council Meeting Minutes - Final May 6, 2024 Proc 24-020 Proclamation Declaring the Week of May 6-12, 2024 as National Nurses Week in Commerce City, Colorado A motion was made by Council Member Douglas, seconded by Mayor Pro Tem Noble, that this Proclamation be approved. VOICE VOTE: Aye: 7- Mayor Douglas, Mayor Pro Tem Noble, Council Member Teter, Council Member Millard-Chacon, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 2- Council Member Madera and Council Member Kim Proc 24-021 Proclamation Declaring the Week of May 6-12, 2024 as Teacher Appreciation Week in Commerce City, Colorado A motion was made by Council Member Millard-Chacon, seconded by Council Member Dukes, that this Proclamation be approved. VOICE VOTE: Aye: 7- Mayor Douglas, Mayor Pro Tem Noble, Council Member Teter, Council Member Millard-Chacon, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 2- Council Member Madera and Council Member Kim Proc 24-022 Proclamation Declaring the Week of May 5-11, 2024 as Public Service Recognition Week in Commerce City, Colorado A motion was made by Council Member Millard-Chacon, seconded by Council Member Teter, that this Proclamation be approved. VOICE VOTE: Aye: 7- Mayor Douglas, Mayor Pro Tem Noble, Council Member Teter, Council Member Millard-Chacon, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 2- Council Member Madera and Council Member Kim Proc 24-031 Proclamation declaring May 2024 as Maternal Mental Health Awareness Month in Commerce City, Colorado A motion was made by Council Member Millard-Chacon, seconded by Mayor Pro Tem Noble, that this Proclamation be approved. VOICE VOTE: Aye: 7- Mayor Douglas, Mayor Pro Tem Noble, Council Member Teter, Council Member Millard-Chacon, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 2- Council Member Madera and Council Member Kim Proc 24-023 Proclamation Declaring May 5, 2024 as Missing and Murdered Indigenous Persons Awareness Day in Commerce City, Colorado A motion was made by Mayor Pro Tem Noble, seconded by Council Member Douglas, that this Proclamation be approved. VOICE VOTE: Aye: 7- Mayor Douglas, Mayor Pro Tem Noble, Council Member Teter, Council Member Millard-Chacon, Council Member Dukes, Council Member Ford and Council Member Douglas Commerce City Page 4 City Council Meeting Minutes - Final May 6, 2024 Excused: 2- Council Member Madera and Council Member Kim 7. Presentations Pres 24-037 Youth Commission Annual Update Aliyah Acevedo, Chair, and Meghan Phan, Vice-Chair, gave this presentation. Pres 24-100 Oil and Gas Monthly Update Dr. Rosemarie Russo, Sustainability Manager, gave the monthly environmental planning policy and oil and gas update. 8. Consent Agenda A motion was made by Council Member Dukes, seconded by Mayor Pro Tem Noble, to approve the Consent Agenda as presented. ROLL CALL VOTE: Aye: 7- Mayor Douglas, Mayor Pro Tem Noble, Council Member Teter, Council Member Millard-Chacon, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 2- Council Member Madera and Council Member Kim Min 24-064 Minutes of the April 1, 2024 Regular Meeting Min 24-073 Minutes of the April 15, 2024 Regular Meeting 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 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. 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. Commerce City Page 5 City Council Meeting Minutes - Final May 6, 2024 Res 2024-012 A RESOLUTION APPOINTING MEMBERS TO DESIGNATED BOARDS AND COMMISSIONS OF COMMERCE CITY Res 2024-041 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF COMMERCE CITY AND THE ADAMS 14 SCHOOL DISTRICT FOR COLLABORATIVE TRANSPORTATION SERVICES Res 2024-043 A RESOLUTION APPOINTING SUBSTITUTE MUNICIPAL COURT JUDGES TO ASSIST THE PRESIDING JUDGE Res 2024-045 A RESOLUTION AUTHORIZING AN AMENDMENT TO THE MASTER SERVICES AGREEMENT CONTRACT FOR CITY-WIDE CUSTODIAL SERVICES WITH THE KEY PEOPLE, LLC. THROUGH 2025 9. Public Hearings Res 2024-037 A RESOLUTION APPROVING A PERMIT FOR A MAJOR EXTENSION OF AN EXISTING DOMESTIC WATER SYSTEM SPECIFICALLY FOR THE INSTALLATION OF A WATER LINE APPROXIMATELY 1.5 MILES LONG GENERALLY LOCATED WITHIN E-470 AND EAST 96TH AVENUE RIGHT-OF-WAY Mayor Douglas reopened the public hearing. Jared Gerber, Director of Community Development, provided the staff presentation. Mayor Douglas closed the public hearing. A motion was made by Council Member Ford, seconded by Council Member Teter, that this Resolution be adopted. VOTE: Aye: 7- Mayor Douglas, Mayor Pro Tem Noble, Council Member Teter, Council Member Millard-Chacon, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 2- Council Member Madera and Council Member Kim 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, May 6th. Please contact the City Clerk to request paper copies of materials. Commerce City Page 6 City Council Meeting Minutes - Final May 6, 2024 10. Ordinances on 1st Reading A motion was made by Council Member Teter, seconded by Council Member Ford, to extend the meeting adjournment time to midnight. VOTE: 5 - Aye, 2 - Nay (Dukes, Noble), 2 - Excused (Madera, Kim). Ord 2577 AN ORDINANCE AMENDING CHAPTER 4 OF THE COMMERCE CITY MUNICIPAL CODE BY ADDING A NEW ARTICLE V REGARDING BACKYARD CHICKENS AND BEES AND AMENDING SECTION 21-5226 OF THE LAND DEVELOPMENT CODE TO ALLOW BACKYARD CHICKENS AND BEES A motion was made by Council Member Ford, seconded by Council Member Millard-Chacon, that this Ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 7- Mayor Douglas, Mayor Pro Tem Noble, Council Member Teter, Council Member Millard-Chacon, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 2- Council Member Madera and Council Member Kim Ord 2584 AN ORDINANCE AMENDING SECTION 12-3012 OF THE COMMERCE CITY REVISED MUNICIPAL CODE SECTION RESTRICTING UNAUTHORIZED URBAN CAMPING A motion was made by Council Member Ford, seconded by Council Member Teter, that this Ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 7- Mayor Douglas, Mayor Pro Tem Noble, Council Member Teter, Council Member Millard-Chacon, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 2- Council Member Madera and Council Member Kim 11. Ordinances on 2nd Reading PUDA23-0002 AN ORDINANCE APPROVING THE REUNION PUD ZONE DOCUMENT AMENDMENT NO. 6 TO MODIFY ALLOWED USES, INCLUDING THE ADDITION OF MARIJUANA USES, CREATE SETBACK REQUIREMENTS FOR A SINGLE MEDICAL MARIJUANA CENTER AND RETAIL MARIJUANA STORE, AND INSTITUTE NEW AND MODIFIED DEVELOPMENT STANDARDS FOR THE 1.48-ACRE LOT LOCATED AT 18494 E. 104TH AVENUE A motion was made by Mayor Pro Tem Noble, seconded by Council Member Chacon, to enter into an executive session of the City Council pursuant to C.R.S 24-6-402 (4)(b) to receive legal advice on specific legal questions related to this matter. VOTE: 7 - Aye, 2 - Excused (Madera, Kim). A motion was made by Mayor Pro Tem Noble, seconded by Council Member Douglas, that this Zoning Ordinance be continued to June 3, 2024. VOTE: Commerce City Page 7 City Council Meeting Minutes - Final May 6, 2024 Aye: 4- Mayor Douglas, Mayor Pro Tem Noble, Council Member Millard-Chacon and Council Member Douglas Nay: 3- Council Member Teter, Council Member Dukes and Council Member Ford Excused: 2- Council Member Madera and Council Member Kim Z-993-24 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO BY REZONING THE PROPERTY GENERALLY LOCATED AT 8050 ROSEMARY STREET FROM AGRICULTURAL DISTRICT (AG) TO LIGHT INTENSITY INDUSTRIAL DISTICT (I-1) A motion was made by Council Member Ford, seconded by Council Member Dukes, that this Zoning Ordinance be approved on second & final reading. VOTE: Aye: 6- Mayor Douglas, Mayor Pro Tem Noble, Council Member Teter, Council Member Millard-Chacon, Council Member Dukes and Council Member Ford Nay: 1- Council Member Douglas Excused: 2- Council Member Madera and Council Member Kim 12. Administrative Council Business 24-104 Appointing Acting Mayor for May 20, 2024 A motion was made by Council Member Douglas, seconded by Council Member Chacon, to cancel the May 20, 2024 regular meeting. VOTE: 3 - Aye, 4 - Nay (Teter, Ford, Noble, Dukes), 2 - Excused (Madera, Kim). Motion failed. A motion was made by Mayor Pro Tem Noble, seconded by Council Member Chacon, to appoint Council Member Kim to be Acting Mayor at the May 20, 2024 regular meeting. VOTE: 7 - Aye, 2 - Excused (Madera, Kim). A motion was made by Mayor Douglas, seconded by Mayor Pro Tem Noble, to move items "Independent Commission to Review and Oversee Metro Districts", and "Costs Associated with Metro District Audit - Alternative Funding Methods" from the May 20, 2024 regular meeting to the July 15, 2024 regular meeting. VOTE: 6 - Aye, 1 - Nay (Teter), 2 - Excused (Madera, Kim). 24-114 Donation to Monaco Elementary - Preschool and Kindergarten Graduation A motion was made by Council Member Dukes, seconded by Council Member Ford, to approve the donation of $400 to support the Monaco Elementary school to the purchase of cap and gowns. VOTE: 7 - Aye, 2 - Excused (Madera, Kim). Commerce City Page 8 City Council Meeting Minutes - Final May 6, 2024 13. 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. 24-059 Review of Work Schedule 14. Adjourn The meeting adjourned at 11:48 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 24-112 City Manager Week in Review Report 24-113 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