City Council

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, June 17, 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_-mfoiNdJTQqoHaI KLrSkTw 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 Pro Tem Noble on June 17, 2024, at 6:00 PM. A motion was made by Council Member Kim, seconded by Council Member Douglas, to excuse those members not present. VOTE: 8 - Aye, 1 - Excused (Chacon) Present: 8 - Mayor Steven J. Douglas, Mayor Pro Tem Susan Noble, Council Member Oscar Madera, Council Member Rocky Teter, Council Member Craig Kim, Council Member Charles Dukes, Council Member Sean Ford and Council Member Kristi Douglas Excused: 1 - Council Member Renee Millard-Chacon 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 adopt the agenda. VOTE: 8 - Aye, 1 - Excused (Chacon) 4. Public Comment Commerce City Page 1 City Council Meeting Minutes - Final June 17, 2024 24-136 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 17, 2024. Jackie Valdez spoke on truck traffic on 68th Avenue and Colorado Boulevard, persons standing in the road median, and off-road vehicles driving down residential roads. Aeron Caulkin, owner of Olde Glory Fireworks, spoke in favor of Ordinance 2607 on allowing fireworks in the City. Britton Cottrell, owner of T&T Fireworks, spoke in favor of Ordinance 2607 on allowing fireworks in the City. Troy Younger thanked Council Member Teter for their role in the I-270 project meetings, Council Member Madera for advocating for the "core" City area, and Council Member Ford for bringing their historical knowledge of the City to Council. Antonio Navarra spoke in favor of Ordinance 2607 on allowing fireworks in the City. 5. Proclamations and Recognitions Proc 24-011 Proclamation Declaring June 19, 2024 as Juneteenth in Commerce City, Colorado A motion was made by Council Member Kim, seconded by Council Member Douglas, that this Proclamation be approved. VOTE: Aye: 8- Mayor Douglas, Mayor Pro Tem Noble, Council Member Madera, Council Member Teter, Council Member Kim, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 1- Council Member Millard-Chacon 24-150 2024 Memorial Day Parade Award Winners Travis Huntington, Community Relations Manager, presented the 2024 Memorial Day Parade winners with their awards. 6. Presentations Commerce City Page 2 City Council Meeting Minutes - Final June 17, 2024 Pres 24-194 Rocky Mountain Arsenal Update Charlie Scharmann, Army Representative, provided an update on the Rocky Mountain Arsenal National Wildlife Refuge. Pres 24-247 DEI Commission Annual Update Members of the Diversity, Equity, and Inclusion Commission provided their annual update. 7. Consent Agenda Council Member Douglas requested to pull Ordinance 2588 and Resolution 2024-067 from the consent agenda. A motion was made by Council Member Teter, seconded by Council Member Madera, to approve the Consent Agenda as amended. ROLL CALL VOTE: Aye: 8- Mayor Douglas, Mayor Pro Tem Noble, Council Member Madera, Council Member Teter, Council Member Kim, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 1- Council Member Millard-Chacon Min 24-092 Minutes of the May 20, 2024 Regular Meeting Min 24-091 Minutes of the June 10, 2024 Special Meeting Ord 2576 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE REGIONAL AIR QUALITY COUNCIL GRANT IN THE AMOUNT OF $98,229.92 FOR MOW DOWN POLLUTION AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF. Ord 2586 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE WALMART/SPARK GOOD LOCAL GRANT IN THE AMOUNT OF $5,000 TO SUPPORT COMMERCE CITY POLICE DEPARTMENT COMMUNITY OUTREACH PROGRAMS AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF. Ord 2588 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO, BY TRANSFERRING $1,100,000 FROM THE UNENCUMBERED FUND BALANCE IN THE IMPACT FEES FUND TO THE CAPITAL EXPENDITURES FUND FOR COSTS ASSOCIATED WITH THE BUFFALO HIGHLANDS OASIS PROJECT AND AUTHORIZATION OF THE EXPENDITURES THEREOF. A motion was made by Council Member Ford, seconded by Council Member Kim, that this Ordinance be approved on second & final reading. VOTE: Commerce City Page 3 City Council Meeting Minutes - Final June 17, 2024 Aye: 7- Mayor Douglas, Mayor Pro Tem Noble, Council Member Madera, Council Member Teter, Council Member Kim, Council Member Dukes and Council Member Ford Nay: 1- Council Member Douglas Excused: 1- Council Member Millard-Chacon 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. Res 2024-047 A RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR A RECORDS MANAGEMENT SYSTEM IMPLEMENTATION SERVICES FOR THE COMMERCE CITY POLICE DEPARTMENT TO AXON ENTERPRISE, INC. Res 2024-052 A RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR WEBSITE DESIGN AND HOSTING TO GRANICUS, LLC. Res 2024-060 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF THE ANNEXATION PETITION IN CASE AN-263-24 KNOWN AS THE TOWER LANDFILL ANNEXATION AND SETTING A PUBLIC HEARING TO DETERMINE ELIGIBILITY FOR SUCH ANNEXATION Res 2024-066 A RESOLUTION AUTHORIZING AMENDMENT TO MASTER SERVICES AGREEMENT WITH CORE CONSULTANTS Res 2024-067 A RESOLUTION APPROVING A UTILITY EASEMENT ON CITY PROPERTY LOCATED ALONG THE NORTH SIDE OF E. 120TH AVENUE BETWEEN LAREDO STREET AND BUCKLEY ROAD TO UNITED POWER, INC. TO ACCOMMODATE AN UNDERGROUND ELECTRICAL DISTRIBUTION LINE A motion was made by Council Member Madera, seconded by Council Member Teter, to allow the Mayor to recuse themselves from the vote on the Resolution. VOTE: 8 - Aye, 1 - Excused (Chacon), 1 - Abstain (S.Douglas) A motion was made by Council Member Madera, seconded by Council Member Teter, that this Resolution be adopted. VOTE: Aye: 7- Mayor Pro Tem Noble, Council Member Madera, Council Member Teter, Council Member Kim, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 1- Council Member Millard-Chacon Recused: 1- Mayor Douglas Commerce City Page 4 City Council Meeting Minutes - Final June 17, 2024 Res 2024-073 A RESOLUTION AMENDING COUNCIL POLICY #CP-16 TO FORMALLY ADOPT BOB’S RULES OF ORDER FOR COLORADO LOCAL GOVERNMENTS (2023) Res 2024-074 A RESOLUTION AMENDING COUNCIL POLICY #CP-3 TO FORMALLY ADOPT BOB’S RULES OF ORDER FOR COLORADO LOCAL GOVERNMENTS (2023) FOR ALL CITY BOARDS AND COMMISSIONS 8. Resolutions Res 2024-071 A RESOLUTION AMENDING SECTION 5 OF THE DIRECTORY OF CITY FEES AND CHARGES TO REVISE THE FEES CHARGED FOR ORGANIZED EVENTS / TEMPORARY USE PERMITS A motion was made by Council Member Dukes, seconded by Council Member Teter, that this Resolution be adopted. VOTE: 9. Ordinances on 1st Reading Ord 2567 AN ORDINANCE EXTENDING THE EXISTING MORATORIUM ON NEW RETAIL AND MEDICAL MARIJUANA STORE LICENSES IN WARDS I AND II IN THE CITY OF COMMERCE CITY BY AN ADDITIONAL SIX MONTHS A motion was made by Council Member Teter, seconded by Council Member Dukes, to enter into an executive session pursuant to C.R.S. 24-6-402(4)(b) for the purpose of discussing legal advice on the marijuana moratorium. VOTE: 8 - Aye, 1 - Excused (Chacon) A motion was made by Mayor Douglas, seconded by Mayor Pro Tem Noble, to amend Ordinance 2567 to include Ward III and Ward IV in the moratorium. VOTE: 3 - Aye (K.Douglas, S.Douglas, Noble), 5 - Nay, 1 - Excused (Chacon). Motion failed. A motion was made by Mayor Pro Tem Noble, seconded by Mayor Douglas, to amend Ordinance 2567 to change the boundary of the moratorium to be south of 88th Avenue, east of Central Park Boulevard, and east of the Rocky Mountain Arsenal. VOTE: 3 - Aye (K.Douglas, S.Douglas, Noble), 5 - Nay, 1 - Excused (Chacon). Motion failed. A motion was made by Council Member Dukes, seconded by Council Member Madera, that this Ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 6- Mayor Douglas, Mayor Pro Tem Noble, Council Member Madera, Council Member Kim, Council Member Dukes and Council Member Douglas Nay: 2- Council Member Teter and Council Member Ford Excused: 1- Council Member Millard-Chacon Commerce City Page 5 City Council Meeting Minutes - Final June 17, 2024 Ord 2595 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE COLORADO DEPARTMENT OF EARLY CHILDHOOD (CDEC) GRANT FUNDS IN THE AMOUNT OF $12,023 FOR CHILD CARE STABILIZATION AND CAPACITY BUILDING AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF. A motion was made by Council Member Madera, seconded by Council Member Kim, 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 Madera, Council Member Teter, Council Member Kim, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 1- Council Member Millard-Chacon Ord 2600 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) FUNDS IN THE AMOUNT OF $1,420,000 FOR THE REVITALIZING MAIN STREETS PROGRAM AND THE AUTHORIZATION OF 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: 8- Mayor Douglas, Mayor Pro Tem Noble, Council Member Madera, Council Member Teter, Council Member Kim, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 1- Council Member Millard-Chacon Ord 2607 AN EMERGENCY ORDINANCE AMENDING SECTION 5-41001 OF THE COMMERCE CITY REVISED MUNICIPAL CODE TO AMEND THE FIRE CODE OF THE CITY OF COMMERCE CITY, THE 2021 INTERNATIONAL FIRE CODE AS ADOPTED AND AMENDED, TO ALLOW THE LIMITED USE OF CERTAIN FIREWORKS IN COMMERCE CITY A motion was made by Council Member Ford, seconded by Council Member Madera, that this Ordinance be introduced by council as seated and approved on first and final reading as an emergency ordinance. VOTE: Aye: 8- Mayor Douglas, Mayor Pro Tem Noble, Council Member Madera, Council Member Teter, Council Member Kim, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 1- Council Member Millard-Chacon Commerce City Page 6 City Council Meeting Minutes - Final June 17, 2024 10. Administrative Council Business 24-155 Adams County Fair Sponsorship A motion was made by Council Member Madera, seconded by Council Member Ford, to sponsor the Adams County Fair in the amount of $3,500. VOTE: 8 - Aye, 1 - Excused (Chacon) 24-156 CUP Annual Gala Sponsorship A motion was made by Mayor Pro Tem, seconded by Council Member Kim, to sponsor the Community Uplift Partnership annual gala in the amount of $2,500. VOTE: 8 - Aye, 1 - Excused (Chacon) 11. 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. 24-158 City Manager Week in Review Report 24-159 Review of Work Schedule 12. Executive Session 24-154 An executive session of the City Council of Commerce City pursuant to C.R.S. 24-6-402(4)(b) for the purpose of receiving legal advice on specific legal questions regarding impact fees. A motion was made by Council Member Teter, seconded by Council Member Madera, to enter into an executive session of the City Council of Commerce City pursuant to C.R.S. 24-6-402(4)(b) for the purpose of receiving legal advice on specific legal questions regarding impact fees. VOTE: Aye: 8- Mayor Douglas, Mayor Pro Tem Noble, Council Member Madera, Council Member Teter, Council Member Kim, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 1- Council Member Millard-Chacon Commerce City Page 7 City Council Meeting Minutes - Final June 17, 2024 13. Adjourn A motion was made by Council Member Douglas, seconded by Council Member Kim, to adjourn the meeting. VOTE: 8 - Aye, 1 - Excused (Chacon) The meeting adjourned at 10:27 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 24-157 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