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City Council

Regular Meeting

Commerce City, CO · June 3, 2024

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7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, June 3, 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/j/94169447657? pwd=N1g1RnZlajdGQjQyaDZhZk1xTWpmQT09 Regular Meeting. Revised 6/3/2024 at 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 June 6, 2024, at 6:00 PM. Present: 9 - Mayor 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 Madera, seconded by Council Member Dukes, to move resolutions before the public hearing. VOTE: 8 - Aye, 1 - Nay (Chacon) A motion was made by Council Member Dukes, seconded by Council Member Madera, to table the Oil & Gas monthly update to the June 10th study session. VOTE: 5 - Aye, 4 - Nay (Chacon, Douglas, Douglas, Noble) 4. Public Comment Commerce City Page 1 City Council Meeting Minutes - Final June 3, 2024 24-135 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, June 3, 2024. Jackie Valdez spoke on unauthorized vehicles on public streets. Ronna Sanchez spoke on upcoming Cultural Council events. Keith Rogers spoke on road conditions. Brandi Valdez spoke on families and the need for support resources for those facing housing insecurity. 5. Proclamations and Recognitions Proc 24-010 Proclamation Declaring June 2024 as LGBTQIA+ Pride Month in Commerce City, Colorado A motion was made by Council Member Douglas, seconded by Council Member Kim, that this Proclamation be approved. VOTE: Aye: 9- Mayor 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 6. Noticed Council Business 24-115 Oasis Park Naming Reconsideration A motion was made by Council Member Kim, seconded by Mayor Douglas, to direct Parks, Recreation, and Golf Advisory Committee to work with City staff to identify alternative names for the Black Footed Ferret park and report back to Council. VOTE: 5 - Aye, 4 - Nay (Dukes, Ford, Madera, Teter) 24-131 Fee Schedule Revisions A motion was made by Mayor Pro Tem Noble, seconded by Council Member Kim, to direct staff to analyze and recommend changes to the fee schedule to enable neighborhood events to have reasonable fees. VOTE: 9 - Aye Commerce City Page 2 City Council Meeting Minutes - Final June 3, 2024 7. Presentations Pres 24-238 Colorado Department of Transportation (CDOT) Update to the I-270 Improvement Project Members of the Colorado Department of Transportation I-270 Corridor Improvement Team provided an update on I-270 corridor improvements. Pres 24-101 Oil and Gas Monthly Update This presentation was continued to June 10, 2024. 8. Consent Agenda A motion was made by Council Member Kim, seconded by Mayor Pro Tem Noble, to approve the Consent Agenda as presented. 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 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 Ord 2584 AN ORDINANCE AMENDING SECTION 12-3012 OF THE COMMERCE CITY REVISED MUNICIPAL CODE SECTION RESTRICTING UNAUTHORIZED URBAN CAMPING 10. Resolutions Res 2024-051 A RESOLUTION APPROVING THE CONVEYANCE OF REAL PROPERTY GENERALLY LOCATED IN THE AREA OF 96TH AVENUE AND REUNION PARKWAY TO SCHOOL DISTRICT 27J FOR A SCHOOL SITE A motion was made by Council Member Dukes, seconded by Council Member Madera, that this Resolution be adopted. VOTE: Aye: 9- Mayor 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 3 City Council Meeting Minutes - Final June 3, 2024 9. Public Hearings Commerce City Page 4 City Council Meeting Minutes - Final June 3, 2024 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 Mayor Douglas re-opened the public hearing. Adam Golin, representing the applicant, presented on behalf of the applicant. The following spoke against the case: Meladie Lowe The following spoke in favor for the case: Truman Bradley David Polley Benjamin Huseman The following spoke on the case: Robert Shecter Mayor Douglas closed the public hearing. Mayor Pro Tem Noble offered a friendly amendment to the motion to approve the ordinance on second and final reading to amend to add to the "Marijuana Use Standards" of the P.U.D. amendment, specifically to add a new Section E titled "Security Standards" within the Marijuana Use Standards section which would read "1. I.D. card scanning is required. 2. A staged entry system is required. 3. Top-of-the-line security cameras shall be installed. 4. Motion sensor alarms shall be installed. 5. Concrete bollards will be constructed to minimize break-ins via vehicles. 6. Installation of a safe and/or vault which shall be incorporated into the building structure or securely attached thereto located in a limited access area on the premise to store all processed cannabis and cash. Marijuana infused products that must be kept refrigerated or frozen may be locked in a refrigerated container or freezer in a restricted access area or limited access area on the premise so long as the appliance is affixed to the building structure. The motion maker did not accept the friendly amendment. A motion was made by Mayor Pro Tem, seconded by Council Member Chacon, to amend the motion to approve the ordinance on second and final reading to add to the "Marijuana Use Standards" of the P.U.D. amendment, specifically to add a new Section E titled "Security Standards" within the Marijuana Use Standards section which would read "1. I.D. card scanning is required. 2. A staged entry system is required. 3. Top-of-the-line security cameras shall be installed. 4. Motion sensor alarms shall be installed. 5. Concrete bollards will be constructed to minimize break-ins via vehicles. 6. Installation of a safe and/or vault which shall be incorporated into the building structure or securely attached thereto located in a limited access area on the premise to store all processed cannabis and cash. Marijuana infused products that must be kept refrigerated or frozen may be locked in a refrigerated container or freezer in a restricted access area or limited access area on the premise so long as the appliance Commerce City Page 5 City Council Meeting Minutes - Final June 3, 2024 is affixed to the building structure. VOTE: 9 - Aye A motion was made by Mayor Pro Tem Noble, seconded by Council Member Chacon, to extend the automatic time of adjournment by one half hour. VOTE: 4 - Aye (Chacon, K.Douglas, S.Douglas, Noble) 5 - Nay. Motion failed. A motion was made by Council Member Madera, seconded by Council Member Kim, that this Zoning Ordinances be approved on second & final reading as amended. VOTE: Aye: 6- Council Member Madera, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Dukes and Council Member Ford Nay: 3- Mayor Douglas, Mayor Pro Tem Noble and Council Member Douglas 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, June 3rd. Please contact the City Clerk to request paper copies of materials. 11. Ordinances on 1st Reading Ord 2591 AN ORDINANCE TO UTILIZE AVAILABLE FUNDS TO REDEEM, PAY AND DISCHARGE ALL OF THE OUTSTANDING CERTIFICATES OF PARTICIPATION, SERIES 2017B A motion was made by Council Member Kim, seconded by Council Member Madera, that this Ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 9- Mayor 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 2592 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO, BY TRANSFERRING PORTIONS OF THE UNENCUMBERED FUND BALANCES OF THE GENERAL FUND AND INFORMATION TECHNOLOGY FUND FOR A TOTAL AMOUNT OF $1,392,000 FOR COSTS ASSOCIATED WITH THE POLICE RECORDS MANAGEMENT SYSTEM AND AUTHORIZING THE EXPENDITURE THEREOF. A motion was made by Council Member Kim, seconded by Council Member Madera, that this Ordinance be introduced by council as seated and approved on first reading. VOTE: Commerce City Page 6 City Council Meeting Minutes - Final June 3, 2024 Aye: 9- Mayor 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 2594 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY BY RECOGNIZING A PORTION OF THE CITY’S OPIOID SETTLEMENT FUNDS RECEIVED TO DATE IN THE AMOUNT OF $19,688 AND AUTHORIZING THE EXPENDITURE THEREOF A motion was made by Council Member Kim, seconded by Council Member Madera, that this Ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 9- Mayor 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. Administrative Council Business 24-148 Kids First Health Care's Back-to-Health Breakfast A motion was made by Mayor Pro Tem Noble, seconded by Council Member Dukes, to sponsor Kids First Health Care Back-to-Health breakfast in the amount of $2,000. VOTE: 9 - Aye 24-149 Commerce City Rotary Club - 17th Annual Sporting Clays Invitational A motion was made by Council Member Ford, seconded by Council Member Madera, to sponsor the Commerce City Rotary Club 17th annual sporting clay invitational in the amount of $1,500. VOTE: - Aye, - Nay 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. 24-147 Review of Work Schedule 14. Executive Session Commerce City Page 7 City Council Meeting Minutes - Final June 3, 2024 24-153 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. This executive session did not take place. 15. Adjourn A motion was made by Council Member Kim, seconded by Council Member Teter, to adjourn the meeting. VOTE: 9 - Aye The meeting adjourned at 10:29 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 24-151 City Council Policies 24-152 City Manager Week in Review Report 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

Agenda

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Agenda - Final-revised City Council Monday, June 3, 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/j/94169447657? pwd=N1g1RnZlajdGQjQyaDZhZk1xTWpmQT09 Regular Meeting. Revised 6/3/2024 at 12:30 PM. 1. Call to Order/Roll Call - 6:00 PM 2. Pledge of Allegiance 3. Approval of Agenda 4. Public Comment 24-135 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, June 3, 2024. 5. Proclamations and Recognitions - 6:20 PM Proc 24-010 Proclamation Declaring June 2024 as LGBTQIA+ Pride Month in Commerce City, Colorado Attachments: Pride Month Proclamation 6. Noticed Council Business 24-115 Oasis Park Naming Reconsideration Attachments: Council Communication Commerce City Page 1 Printed on 6/3/2024 City Council Meeting Agenda - Final-revised June 3, 2024 24-131 Fee Schedule Revisions Attachments: Council Communication 7. Presentations Pres 24-238 Colorado Department of Transportation (CDOT) Update to the I-270 Improvement Project Attachments: Council Communication Presentation Pres 24-101 Oil and Gas Monthly Update Attachments: Council Communication Presentation 8. Consent Agenda - 7:35 PM 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 Attachments: Council Communication Ordinance 2577 Exhibit A - Code Updates Exhibit B of Backyard Animal Code Revisions and LDC Revisions_4.29.24 Presentation First reading occurred on May 6, 2024. VOTE: 7 - Aye, 2 - Excused. Ord 2584 AN ORDINANCE AMENDING SECTION 12-3012 OF THE COMMERCE CITY REVISED MUNICIPAL CODE SECTION RESTRICTING UNAUTHORIZED URBAN CAMPING Attachments: Council Communication Ordinance 2584 Exhibit A Exhibit B - Redlined First reading occurred on May 6, 2024. VOTE: 7 - Aye, 2 - Excused. 9. Public Hearings - 7:50 PM Commerce City Page 2 Printed on 6/3/2024 City Council Meeting Agenda - Final-revised June 3, 2024 PUDA23-00 AN ORDINANCE APPROVING THE REUNION PUD ZONE DOCUMENT 02 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 Commerce City Page 3 Printed on 6/3/2024 City Council Meeting Agenda - Final-revised June 3, 2024 Attachments: Council Communication Ordinance PUDA-23-0002 Zone Change Report Vicinity Map Proposed PUD Zone Document Existing PUD Zone Document Review Agency Comments Staff Presentation Applicant Presentation Applicant Neighborhood Meeting Summary Neighborhood Meeting Notification Sign Posting Sign Posting Affidavit Newspaper Posting Flyer Flyer Mailing List Community Support Letters Applicant Next Door Summary Applicant Neighborhood Survey Results Applicant Research Articles Applicant Development Summary Applicant Letters Of Recommendation Applicant New Hearing Evidence 5.30.2024 Draft Planning Commission Minutes Legal Notice Affidavit New Legal Notice Affidavit Written Comments Written Comments April 1 Written Comment May 30 Written Comments June 3 Traffic Impact Study April 1, 2024 Meeting Video - First Reading May 6, 2024 Meeting Video - Second Reading Continued Passed on First Reading at the April 1, 2024 Meeting. VOTE: 6 - Aye, 3 - Nay. This public hearing was continued from the May 6, 2024 Meeting. Commerce City Page 4 Printed on 6/3/2024 City Council Meeting Agenda - Final-revised June 3, 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, June 3rd. Please contact the City Clerk to request paper copies of materials. 10. Resolutions - 8:30 PM Res A RESOLUTION APPROVING THE CONVEYANCE OF REAL 2024-051 PROPERTY GENERALLY LOCATED IN THE AREA OF 96TH AVENUE AND REUNION PARKWAY TO SCHOOL DISTRICT 27J FOR A SCHOOL SITE Attachments: Council Communication Resolution 2024-051 Quitclaim Deed (27J) 27J Schools Board of Education Resolution 27J Board of Education March 8, 2022 Meeting Minutes 11. Ordinances on 1st Reading Ord 2591 AN ORDINANCE TO UTILIZE AVAILABLE FUNDS TO REDEEM, PAY AND DISCHARGE ALL OF THE OUTSTANDING CERTIFICATES OF PARTICIPATION, SERIES 2017B Attachments: Council Communication Ordinance 2591 Ord 2592 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO, BY TRANSFERRING PORTIONS OF THE UNENCUMBERED FUND BALANCES OF THE GENERAL FUND AND INFORMATION TECHNOLOGY FUND FOR A TOTAL AMOUNT OF $1,392,000 FOR COSTS ASSOCIATED WITH THE POLICE RECORDS MANAGEMENT SYSTEM AND AUTHORIZING THE EXPENDITURE THEREOF. Attachments: Council Communication Ordinance 2592 Ord 2594 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY BY RECOGNIZING A PORTION OF THE CITY’S OPIOID SETTLEMENT FUNDS RECEIVED TO DATE IN THE AMOUNT OF $19,688 AND AUTHORIZING THE EXPENDITURE THEREOF Attachments: Council Communication Ordinance 2594 Commerce City Page 5 Printed on 6/3/2024 City Council Meeting Agenda - Final-revised June 3, 2024 12. Administrative Council Business - 9:00 PM 24-148 Kids First Health Care's Back-to-Health Breakfast Attachments: Council Communication Sponsorship Form 24-149 Commerce City Rotary Club - 17th Annual Sporting Clays Invitational Attachments: Council Communication Sponsorship Form 13. Council Reports - 9:35 PM 24-147 Review of Work Schedule Attachments: Regular Meetings Study Sessions 14. Executive Session - 9:55 PM 24-153 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. 15. Adjourn - 10:25 PM 24-151 City Council Policies Attachments: Council Policies 24-152 City Manager Week in Review Report Attachments: May 24, 2024 Report 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 6 Printed on 6/3/2024

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