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City Council

Regular Meeting

Commerce City, CO · July 1, 2024

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Minutes

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, July 1, 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_oSs8qPZRSdyZldg ORxA_Ew Regular Meeting. Revised 7/1/2024 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 July 1, 2024, at 6:00 PM. A motion was made by Council Member Madera, seconded by Council Member Dukes, to excuse those members not present. VOTE: 8 - Aye, 1 - Excused (Kim) Present: 8 - Mayor Steven J. Douglas, Mayor Pro Tem Susan Noble, Council Member Oscar Madera, Council Member Rocky Teter, Council Member Renee Millard-Chacon, Council Member Charles Dukes, Council Member Sean Ford and Council Member Kristi Douglas Excused: 1 - Council Member Craig Kim 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Approval of Agenda A motion was made by Council Member Dukes, seconded by Council Member Madera, to adopt the agenda. VOTE: 8 - Aye, 1 - Excused (Kim) 4. Public Comment Commerce City Page 1 City Council Meeting Minutes - Final July 1, 2024 24-137 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, July 1, 2024. Frank Martinez spoke on a code enforcement citation they received for a car port on their property. Jackie Valdez spoke on the police departments enforcement of large truck traffic in their neighborhood. Keith Rogers spoke on illegal fireworks in their neighborhood. 5. Proclamations and Recognitions Proc 24-012 Proclamation Declaring July 2024 as Parks and Recreation Month in Commerce City, Colorado A motion was made by Council Member Millard-Chacon, seconded by Council Member Madera, that this Proclamation be approved. VOTE: Aye: 8- Mayor Douglas, Mayor Pro Tem Noble, Council Member Madera, Council Member Teter, Council Member Millard-Chacon, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 1- Council Member Kim Proc 24-027 Proclamation Declaring July 2024 as Bebe Moore Campbell National Minority Mental Health Awareness Month in Commerce City, Colorado A motion was made by Council Member Millard-Chacon, seconded by Council Member Madera, that this Proclamation be approved. VOTE: Aye: 8- Mayor Douglas, Mayor Pro Tem Noble, Council Member Madera, Council Member Teter, Council Member Millard-Chacon, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 1- Council Member Kim 6. Consent Agenda A motion was made by Council Member Ford, seconded by Council Member Teter, to approve the Consent Agenda as presented. ROLL CALL VOTE: Commerce City Page 2 City Council Meeting Minutes - Final July 1, 2024 Aye: 8- Mayor Douglas, Mayor Pro Tem Noble, Council Member Madera, Council Member Teter, Council Member Millard-Chacon, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 1- Council Member Kim Min 24-110 Minutes of the June 3, 2024 Regular Meeting Min 24-111 Minutes of the June 17, 2024 Regular Meeting Res 2024-081 A RESOLUTION AMENDING COUNCIL POLICY #CP-2 TO REVISE AND CLARIFY THE PROCESS FOR COUNCIL REPORT OUTS Res 2024-082 A RESOLUTION AMENDING COUNCIL POLICY #CP-22 TO REVISE TESTIMONY TIME ALLOCATION AND ORDER OF TESTIMONY FOR PARTIES IN QUASI-JUDICIAL HEARINGS Res 2024-083 A RESOLUTION AMENDING COUNCIL POLICY #CP-23 TO REVISE CONDUCT OF BUSINESS AT STUDY SESSIONS TO EXPLICITLY ALLOW THE EXTENSION OF A STUDY SESSION MEETING BY WAY OF CITY COUNCIL VOTE Ord 2591 AN ORDINANCE TO UTILIZE AVAILABLE FUNDS TO REDEEM, PAY AND DISCHARGE ALL OF THE OUTSTANDING CERTIFICATES OF PARTICIPATION, SERIES 2017B 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 7. Public Hearing Commerce City Page 3 City Council Meeting Minutes - Final July 1, 2024 CUP24-0001 Brad Lucero, on behalf of Stout Street Foundation, is requesting a Conditional Use Permit to allow an Inpatient Residential Substance Abuse Treatment Facility located at 7251 E. 49th Avenue and 7201 E. 49th Avenue, zoned I-1S (Industrial Park Storage District), consisting of approximately 4.0 acres. Mayor Douglas opened the public hearing. Robin Winters, Director of Development, Sharol Wells, Chief Executive Officer, and Brad Lucereo, Executive Director, from Stout Street Foundation, provided an applicant's presentation. Nathan Chavez provided the city's presentation. The following spoke in support of the case: Stephanie Syner Rene Bullock Mayor Douglas closed the public hearing. A motion was made by Council Member Teter, seconded by Council Member Ford, that this Conditional Use Permit be adopted. VOTE: Aye: 8- Mayor Douglas, Mayor Pro Tem Noble, Council Member Madera, Council Member Teter, Council Member Millard-Chacon, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 1- 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, July 1st. Please contact the City Clerk to request paper copies of materials. 8. Ordinances on 1st Reading Ord 2603 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO, BY RE-APPROPRIATING REMAINING DONATIONS AND GRANTS BALANCES IN THE GENERAL FUND, POLICE DONATIONS FUND, AND GRANTS FUND, TOTALING $202,154.60 AND AUTHORIZING THE EXPENDITURE THEREOF. 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: Commerce City Page 4 City Council Meeting Minutes - Final July 1, 2024 Aye: 8- Mayor Douglas, Mayor Pro Tem Noble, Council Member Madera, Council Member Teter, Council Member Millard-Chacon, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 1- Council Member Kim Ord 2604 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 $18,000 FOR DRIVING UNDER THE INFLUENCE (DUI) ENFORCEMENT EFFORTS. A motion was made by Council Member Dukes, seconded by Council Member Millard-Chacon, 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 Millard-Chacon, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 1- Council Member Kim Ord 2605 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO, BY RE-APPROPRIATING REMAINING METROPOLITAN FOOTBALL STADIUM DISTRICT FUNDING BALANCES IN THE AMOUNT OF $24,398.28 FOR CONTINUED USE ON YOUTH ACTIVITIES AND AUTHORIZING THE EXPENDITURE THEREOF A motion was made by Council Member Madera, seconded by Council Member Millard-Chacon, 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 Millard-Chacon, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 1- Council Member Kim 9. Administrative Council Business A motion was made by Council Member Madera, seconded by Council Member Ford, to direct staff to (1) conduct an assessment by driving thru right-of-ways owned and maintained by the Colorado Department of Transportation and Adams County to identify potholes and other opportunities for road repair and to inform those responsible; (2) to arrange a meeting with the State reps and county commissioners to discuss the infrastructure in the City; and (3) to identify funding sources and a timeline to resolve these issues. VOTE: 8 - Aye, 1 - Excused (Kim) 24-161 July 4, 2024 Police Operations Planning Chief Guadnola provided an overview of the planned operations for July 4. Commerce City Page 5 City Council Meeting Minutes - Final July 1, 2024 10. Council Reports Acting City Manager Blakeman highlighted items presented in their weekly report provided to council earlier. The mayor and council reported on their attendance at various meetings and events. 24-164 Review of Work Schedule 11. Executive Session 24-162 An executive session of the City Council of Commerce City pursuant to C.R.S. 24-6-402(4)(e) for the purpose of determining positions relative to a matter that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators for the potential offering of an incentive package for the proposed new development and business expansion of an industrial business in the City. A motion was made by Council Member Teter, seconded by Council Member Dukes, to enter into an executive session of the City Council of Commerce City pursuant to C.R.S. 24-6-402(4)(e) for the purpose of determining positions relative to a matter that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators for the potential offering of an incentive package for the proposed new development and business expansion of an industrial business in the City. VOTE: Aye: 8- Mayor Douglas, Mayor Pro Tem Noble, Council Member Madera, Council Member Teter, Council Member Millard-Chacon, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 1- Council Member Kim Resolutions Res 2024-080 A RESOLUTION APPROVING ECONOMIC DEVELOPMENT BUSINESS INCENTIVES FOR ARDENT MILLS LLC A motion was made by Council Member Madera, seconded by Council Member Millard-Chacon, that this Resolution be adopted. VOTE: Aye: 8- Mayor Douglas, Mayor Pro Tem Noble, Council Member Madera, Council Member Teter, Council Member Millard-Chacon, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 1- Council Member Kim Commerce City Page 6 City Council Meeting Minutes - Final July 1, 2024 12. Adjourn A motion was made by Council Member Douglas, seconded by Council Member Teter, to adjourn the meeting. VOTE: 8 - Aye, 1 - Excused (Kim) The meeting adjourned at 9:33 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 24-163 City Manager Week in Review Report 24-165 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

Agenda

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Agenda - Final-revised City Council Monday, July 1, 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_oSs8 qPZRSdyZldgORxA_Ew Regular Meeting. Revised 7/1/2024 at 12:30 PM. 1. Call to Order/Roll Call - 6:00 PM 2. Pledge of Allegiance 3. Approval of Agenda 4. Public Comment 24-137 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, July 1, 2024. 5. Proclamations and Recognitions - 6:20 PM Proc 24-012 Proclamation Declaring July 2024 as Parks and Recreation Month in Commerce City, Colorado Attachments: Council Communication Proclamation Proc 24-027 Proclamation Declaring July 2024 as Bebe Moore Campbell National Minority Mental Health Awareness Month in Commerce City, Colorado Attachments: Proclamation Commerce City Page 1 Printed on 7/1/2024 City Council Meeting Agenda - Final-revised July 1, 2024 6. Consent Agenda - 6:30 PM Min 24-110 Minutes of the June 3, 2024 Regular Meeting Attachments: June 3, 2024 Minutes Min 24-111 Minutes of the June 17, 2024 Regular Meeting Attachments: June 17, 2024 Minutes Res A RESOLUTION AMENDING COUNCIL POLICY #CP-2 TO REVISE AND 2024-081 CLARIFY THE PROCESS FOR COUNCIL REPORT OUTS Attachments: Council Communication Resolution 2024-081 Resolution 2024-081 - Exhibit A - Clean Resolution 2024-081 - Exhibit B - Redline Res A RESOLUTION AMENDING COUNCIL POLICY #CP-22 TO REVISE 2024-082 TESTIMONY TIME ALLOCATION AND ORDER OF TESTIMONY FOR PARTIES IN QUASI-JUDICIAL HEARINGS Attachments: Council Communication Resolution 2024-082 Resolution 2024-082 - Exhibit A - Clean Resolution 2024-082 - Exhibit B - Redline Res A RESOLUTION AMENDING COUNCIL POLICY #CP-23 TO REVISE 2024-083 CONDUCT OF BUSINESS AT STUDY SESSIONS TO EXPLICITLY ALLOW THE EXTENSION OF A STUDY SESSION MEETING BY WAY OF CITY COUNCIL VOTE Attachments: Council Communication Resolution 2024-083 Resolution 2024-083 - Exhibit A - Clean Resolution 2024-083 - Exhibit B - Redline 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 Passed on first reading June 3, 2024. VOTE: 9 - Aye. Commerce City Page 2 Printed on 7/1/2024 City Council Meeting Agenda - Final-revised July 1, 2024 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 Passed on first reading June 3, 2024. VOTE: 9 - Aye. 7. Public Hearing - 6:45 PM CUP24-0001 Brad Lucero, on behalf of Stout Street Foundation, is requesting a Conditional Use Permit to allow an Inpatient Residential Substance Abuse Treatment Facility located at 7251 E. 49th Avenue and 7201 E. 49th Avenue, zoned I-1S (Industrial Park Storage District), consisting of approximately 4.0 acres. Attachments: Council Communication Conditional Use Permit 24-0001 Conditional Use Permit Report Vicinity Map Applicant Narrative Previous Conditions Neighborhood Meeting Summary Review Agency Comments Staff Presentation Applicant Presentation Legal Notice Affidavit Public Notice Signage Draft Planning Commission Minutes 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, July 1st. Please contact the City Clerk to request paper copies of materials. 8. Ordinances on 1st Reading - 7:30 PM Commerce City Page 3 Printed on 7/1/2024 City Council Meeting Agenda - Final-revised July 1, 2024 Ord 2603 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO, BY RE-APPROPRIATING REMAINING DONATIONS AND GRANTS BALANCES IN THE GENERAL FUND, POLICE DONATIONS FUND, AND GRANTS FUND, TOTALING $202,154.60 AND AUTHORIZING THE EXPENDITURE THEREOF. Attachments: Council Communication Ordinance 2603 Ord 2604 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 $18,000 FOR DRIVING UNDER THE INFLUENCE (DUI) ENFORCEMENT EFFORTS. Attachments: Council Communication Ordinance 2604 CDOT Award Letter Ord 2605 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO, BY RE-APPROPRIATING REMAINING METROPOLITAN FOOTBALL STADIUM DISTRICT FUNDING BALANCES IN THE AMOUNT OF $24,398.28 FOR CONTINUED USE ON YOUTH ACTIVITIES AND AUTHORIZING THE EXPENDITURE THEREOF Attachments: Council Communication Ordinance 2605 Ordinance 2511 MFSD Funding Summary 9. Administrative Council Business - 7:45 PM 24-161 July 4, 2024 Police Operations Planning Attachments: Council Communication July 4th Operations Plan Memo 10. Council Reports - 8:20 PM 24-164 Review of Work Schedule Attachments: Regular Meetings Study Sessions 11. Executive Session - 8:45 PM Commerce City Page 4 Printed on 7/1/2024 City Council Meeting Agenda - Final-revised July 1, 2024 24-162 An executive session of the City Council of Commerce City pursuant to C.R.S. 24-6-402(4)(e) for the purpose of determining positions relative to a matter that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators for the potential offering of an incentive package for the proposed new development and business expansion of an industrial business in the City. 12. Adjourn - 9:15 PM 24-163 City Manager Week in Review Report Attachments: June 21, 2024 Report 24-165 City Council Policies Attachments: 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 5 Printed on 7/1/2024

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