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City Council

Regular Meeting

Commerce City, CO · August 5, 2024

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Minutes

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, August 5, 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_0CDJhm08Qm-Zk3 lOJ5LhKQ Regular Meeting Times given are estimates only Revised 8/2/2024 @ 4:00 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 August 5, 2024, at 6:00 PM. A motion was made by Mayor Pro Tem Noble, seconded by Council Member Douglas, to excuse those members not present. VOTE: 7 - Aye, 2 - Excused (Chacon, Madera) Present: 7 - Mayor Steven J. Douglas, Mayor Pro Tem Susan Noble, Council Member Rocky Teter, Council Member Craig Kim, Council Member Charles Dukes, Council Member Sean Ford and Council Member Kristi Douglas Excused: 2 - Council Member Oscar Madera and Council Member Renee Millard-Chacon 2. Pledge of Allegiance 3. Approval of Agenda A motion was made by Council Member Kim, seconded by Council Member Ford, to adopt the agenda as presented. VOTE: 7 - Aye, 2 - Excused (Madera, Chacon) 4. Recess to Urban Renewal Authority Meeting 5. Reconvene City Council Meeting 6. Public Comment Commerce City Page 1 City Council Meeting Minutes - Final August 5, 2024 24-192 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, August 5, 2024. - Ryan Keefer spoke on metro district discussions held at the town hall meeting on July 31st. - Jackie Valdez spoke on 18-wheeler traffic within the City. - Keith Rogers spoke on storm water drains in the City and 18-wheeler traffic within the City. - Bernadette Bugarin spoke on city code regarding trees. - Burke Scot Beu spoke on issues regarding the Housing Authority. - Ana Quinonez requested a pedestrian sign or walkway along 59th St to Pioneer park. 7. Presentations Pres 24-251 2025 Budget - Preliminary Session #1 Chris Johnson, Finance Budget Manager, gave the presentation. 8. Consent Agenda A motion was made by Council Member Kim, seconded by Council Member Teter, to approve the Consent Agenda as presented. ROLL CALL VOTE: Aye: 7- Mayor Douglas, Mayor Pro Tem Noble, Council Member Teter, Council Member Kim, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 2- Council Member Madera and Council Member Millard-Chacon Min 24-124 Minutes of the July 15, 2024 Regular Meeting Commerce City Page 2 City Council Meeting Minutes - Final August 5, 2024 Ord 2583 AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 9 OF THE COMMERCE CITY MUNICIPAL CODE (CCRMC) BY ADDING A NEW DIVISION 9 ESTABLISHING A SHORT-TERM RENTAL REGISTRATION PROGRAM IN THE CITY OF COMMERCE CITY 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. 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. 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 Res 2024-013 A RESOLUTION APPOINTING MEMBERS TO DESIGNATED BOARDS AND COMMISSIONS OF COMMERCE CITY Res 2024-085 A RESOLUTION AUTHORIZING AWARD OF A CONSTRUCTION CONTRACT AGREEMENT FOR REPAIRS AT PARADICE ISLAND POOL AT PIONEER PARK 9. Public Hearings Commerce City Page 3 City Council Meeting Minutes - Final August 5, 2024 LUP-058-24 AN ORDINANCE AMENDING THE CITY OF COMMERCE CITY COMPREHENSIVE PLAN FOR THE PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF EAST 88TH AVENUE AND E-470, FROM DIA TECHNOLOGY TO UTILITY Mayor Douglas opened the public hearing. Dalton Guerra, Senior Planner, provided the staff presentation to Council. Eric Carlson on behalf of the Tower Landfill, and Steve Darris, General Manager of the Landfill, gave the presentation and were present to take questions from Council. Public testimony in support of the case was provided by: Steve Ceresa, Rick Wells, Andrew DeBaise, Chase Tedesco, and Steve Burns. Mayor Douglas closed the public hearing. A motion was made by Council Member Ford, seconded by Council Member Kim, that this Ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 5- Mayor Douglas, Council Member Teter, Council Member Kim, Council Member Dukes and Council Member Ford Nay: 2- Mayor Pro Tem Noble and Council Member Douglas Excused: 2- Council Member Madera and Council Member Millard-Chacon Res 2024-064 A RESOLUTION DETERMINING THE ELIGIBILITY FOR ANNEXATION TO THE CITY OF COMMERCE CITY, COLORADO OF THE PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF EAST 88TH AVENUE AND E-470 IN CASE AN-263-24 KNOWN AS THE TOWER LANDFILL ANNEXATION. Mayor Douglas opened the public hearing. Dalton Guerra, Senior Planner, provided the staff presentation to Council. Eric Carlson on behalf of the Tower Landfill, gave the applicant's presentation and were present to take questions from Council. Public testimony in support of the case was provided by was provided by: Andrew DeBaise, Steve Ceresa, and Rick Wells. A motion was made by Council Member Dukes, seconded by Council Member Teter, to extend the automatic time of adjournment by an hour and a half. VOTE: 7 - Aye, 2 - Excused (Madera, Chacon). Mayor Douglas closed the public hearing. A motion was made by Council Member Ford, seconded by Council Member Kim, that this Resolution be adopted. VOTE: Commerce City Page 4 City Council Meeting Minutes - Final August 5, 2024 Aye: 7- Mayor Douglas, Mayor Pro Tem Noble, Council Member Teter, Council Member Kim, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 2- Council Member Madera and Council Member Millard-Chacon AN-263-24 AN ORDINANCE ANNEXING THE PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF EAST 88th AVENUE AND TOWER ROAD TO THE CITY OF COMMERCE CITY, COLORADO IN CASE AN-263-24 KNOWN AS THE TOWER LANDFILL ANNEXATION Mayor Douglas opened the public hearing. Dalton Guerra, Senior Planner, provided the staff presentation to Council. Eric Carlson, on behalf of the Tower Landfill, gave the applicant's presentation and were present to take questions from Council. Public testimony in support of the case was provided by: Steve Ceresa, Rick Wells, and Andrew DeBaise. Mayor Douglas closed the public hearing. A motion was made by Council Member Kim, 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 Kim, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 2- Council Member Madera and Council Member Millard-Chacon Z-705-99-00-09- AN ORDINANCE AMENDING THE ZONING ORDINANCE AND 24 ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO BY ZONING THE PROPERTY ANNEXED AS THE TOWER LANDFILL ANNEXATION FROM ADAMS COUNTY A-3 TO A PUD ZONE DISTRICT AND APPROVING A PUD ZONE DOCUMENT Mayor Douglas opened the public hearing. Dalton Guerra, Senior Planner, provided the staff presentation to Council. Eric Carlson, gave the applicant's presentation and were present to take questions from Council. Public testimony in support of the case was provided by: Steve Ceresa, and Andrew DeBaise. Mayor Douglas closed the public hearing. A motion was made by Council Member Ford, seconded by Council Member Kim, that this Zoning Ordinances be introduced by council as seated and approved on first reading. VOTE: Commerce City Page 5 City Council Meeting Minutes - Final August 5, 2024 Aye: 5- Mayor Douglas, Council Member Teter, Council Member Kim, Council Member Dukes and Council Member Ford Nay: 2- Mayor Pro Tem Noble and Council Member Douglas Excused: 2- Council Member Madera and Council Member Millard-Chacon V-93-24 AN ORDINANCE VACATING RIGHT-OF-WAY COMPRISED OF A PORTION OF HIMALAYA STREET, APPROXIMATELY 3,286 FEET IN LENGTH, EXTENDING SOUTH OF EAST 88TH AVENUE IN COMMERCE CITY, COLORADO. Mayor Douglas opened the public hearing. Dalton Guerra, Senior Planner, provided the staff presentation to Council. Eric Carlson, gave the applicant's presentation and were present to take questions from Council. Public testimony in support of the case was provided by Andrew DeBaise and Steve Ceresa. Mayor Douglas closed the public hearing. A motion was made by Council Member Dukes, seconded by Council Member Kim, 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 Kim, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 2- Council Member Madera and Council Member Millard-Chacon 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, August 5, 2024. Please contact the City Clerk to request paper copies of materials. Commerce City Page 6 City Council Meeting Minutes - Final August 5, 2024 10. Administrative Council Business A motion was made by Council Member Ford, seconded by Council Member Dukes, request a letter of support to receive funding from Proposition 123 for an additional property located at the Mile High Greyhound Park development district. VOTE: 3 - Aye, 4 - Nay (Douglas, Noble, Kim, Douglas), 2 - Excused (Madera, Chacon) A motion was made by Council Member Ford, seconded by Council Member Teter, to direct staff to look into the feasibility of installing a pole camera near Jackie Valdez’s neighborhood to study the frequency and severity of traffic violations and install a pole camera as soon as possible if warranted. VOTE: 7 - Aye, 2 - Excused (Madera, Chacon) A motion was made by Mayor Douglas, seconded by Council Member Ford, to approve a sponsorship funding of $1,000 for "A night in the greenway" for the Sand Creek Regional Greenway fundraiser held on August 10, 2024. VOTE: 7 - Aye, 2 - Excused (Madera, Chacon) A motion was made by Council Member Kim, seconded by Mayor Pro Tem Noble, to remove the Chambers Widening Design presentation, and the Highway 2 Median Design Options presentation from the August 26th study session. VOTE: 7 - Aye, 2 - Excused (Madera, 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. 24-189 Review of Work Schedule 12. Adjourn A motion was made by Council Member Kim, seconded by Council Member Douglas, to adjourn the meeting. VOTE: The meeting adjourned at 11:59 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 24-187 City Manager Week in Review Report 24-188 City Council Policies Commerce City Page 7 City Council Meeting Minutes - Final August 5, 2024 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, August 5, 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_0CD Jhm08Qm-Zk3lOJ5LhKQ Regular Meeting Times given are estimates only Revised 8/2/2024 @ 4:00 PM 1. Call to Order/Roll Call - 6:00 PM 2. Pledge of Allegiance 3. Approval of Agenda 4. Recess to Urban Renewal Authority Meeting - 6:05 PM 5. Reconvene City Council Meeting - 6:35 PM 6. Public Comment - 6:35 PM 24-192 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, August 5, 2024. 7. Presentations 6:55 PM Commerce City Page 1 Printed on 8/2/2024 City Council Meeting Agenda - Final-revised August 5, 2024 Pres 24-251 2025 Budget - Preliminary Session #1 Attachments: Council Communication 2025 Budget Presentation - Preliminary Session #1 2025 Budget Calendar Graphic 2025 Budget Request Summary Current CIP Projects List CIP Materials from 7.22.24 Study Session 8. Consent Agenda - 7:55 PM Min 24-124 Minutes of the July 15, 2024 Regular Meeting Attachments: July 15, 2024 Meeting Minutes Ord 2583 AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 9 OF THE COMMERCE CITY MUNICIPAL CODE (CCRMC) BY ADDING A NEW DIVISION 9 ESTABLISHING A SHORT-TERM RENTAL REGISTRATION PROGRAM IN THE CITY OF COMMERCE CITY Attachments: Council Communication Ordinance 2583 Ordinance 2583 - Exhibit A - Division 9 Presentation March 18, 2024 Presentation March 18, 2024 Meeting Minutes Passed on 1st Reading July 15, 2024. VOTE: 9 - Aye 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 Passed on 1st Reading July 1, 2024. VOTE: 9 - Aye Commerce City Page 2 Printed on 8/2/2024 City Council Meeting Agenda - Final-revised August 5, 2024 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 Passed on 1st Reading July 15, 2024. VOTE: 9 - Aye 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 Passed on 1st Reading July 15, 2024. VOTE: 9 - Aye Res A RESOLUTION APPOINTING MEMBERS TO DESIGNATED BOARDS 2024-013 AND COMMISSIONS OF COMMERCE CITY Attachments: Council Communication Resolution 2024-013 Redacted 2024 Q3 Interview Packet Commerce City Page 3 Printed on 8/2/2024 City Council Meeting Agenda - Final-revised August 5, 2024 Res 2024-085 A RESOLUTION AUTHORIZING AWARD OF A CONSTRUCTION CONTRACT AGREEMENT FOR REPAIRS AT PARADICE ISLAND POOL AT PIONEER PARK Attachments: Council Communication Resolution 2024-085 Construction Contract Agreement Change Orders (by date) Notice to Proceed Addendum 1 - Apr 3 2024 Special Conditions of the Contract General Conditions Request for Proposals MAGE Paradice Pool Piping Plan IMAGE Play Structure Drawing IMAGE Pictures of Paradice Pool Notice of Substantial Completion Notice of Construction Completion Performance and Labor and Material Payment Bonds Insurance Certificates and Endorsements Submitted Bid Forms 9. Public Hearings - 8:10 PM LUP-058-24 AN ORDINANCE AMENDING THE CITY OF COMMERCE CITY COMPREHENSIVE PLAN FOR THE PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF EAST 88TH AVENUE AND E-470, FROM DIA TECHNOLOGY TO UTILITY Attachments: Council Communication Ordinance LUP-058-24 Land Use Plan Amendment Report Vicinity Map Applicant Narrative Sign Posting Legal Notice Staff Presentation Applicant Presentation Planning Commission Minutes Commerce City Page 4 Printed on 8/2/2024 City Council Meeting Agenda - Final-revised August 5, 2024 Res A RESOLUTION DETERMINING THE ELIGIBILITY FOR ANNEXATION TO 2024-064 THE CITY OF COMMERCE CITY, COLORADO OF THE PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF EAST 88TH AVENUE AND E-470 IN CASE AN-263-24 KNOWN AS THE TOWER LANDFILL ANNEXATION. Attachments: Council Communication Resolution 2024-064 Legal Description Annexation Petition Vicinity Map Legal Notice Staff Presentation AN-263-24 AN ORDINANCE ANNEXING THE PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF EAST 88th AVENUE AND TOWER ROAD TO THE CITY OF COMMERCE CITY, COLORADO IN CASE AN-263-24 KNOWN AS THE TOWER LANDFILL ANNEXATION Attachments: Council Communication Annexation Ordinance AN-263-24 Legal Description Annexation Report Vicinity Map Project Narrative Annexation Agreement Annexation Petition Annexation Map Legal Notice Staff Presentation Applicant Presentation Commerce City Page 5 Printed on 8/2/2024 City Council Meeting Agenda - Final-revised August 5, 2024 Z-705-99-00- AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING 09-24 MAP OF THE CITY OF COMMERCE CITY, COLORADO BY ZONING THE PROPERTY ANNEXED AS THE TOWER LANDFILL ANNEXATION FROM ADAMS COUNTY A-3 TO A PUD ZONE DISTRICT AND APPROVING A PUD ZONE DOCUMENT Attachments: Council Communication Ordinance Z-705-99-00-09-24 Zone Change Report Vicinity Map Project Narrative Neighborhood Meeting Summary Proposed PUD Zone Document Traffic Study Ground Water Report Adams County Inspection Report Gas Collection Control Report Adams County EDOP Review Legal Notice Sign Posting Staff Presentation Applicant Presentation Planning Commission Minutes Commerce City Page 6 Printed on 8/2/2024 City Council Meeting Agenda - Final-revised August 5, 2024 V-93-24 AN ORDINANCE VACATING RIGHT-OF-WAY COMPRISED OF A PORTION OF HIMALAYA STREET, APPROXIMATELY 3,286 FEET IN LENGTH, EXTENDING SOUTH OF EAST 88TH AVENUE IN COMMERCE CITY, COLORADO. Attachments: Council Communication Ordinance V-093-24 Vacation Report Vicinity Map Narrative Vacation Plat DEN Letter of Support CenturyLink No Objection Letter Staff Presentation Applicant Presentation Sign Posting Legal Notice Planning Commission Meeting 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, August 5, 2024. Please contact the City Clerk to request paper copies of materials. 10. Administrative Council Business - 10:15 PM 11. Council Reports - 10:40 PM 24-189 Review of Work Schedule Attachments: Regular Meetings Study Sessions 12. Adjourn - 11:00 PM 24-187 City Manager Week in Review Report Attachments: July 26, 2024 Report 24-188 City Council Policies Attachments: Council Policies Commerce City Page 7 Printed on 8/2/2024 City Council Meeting Agenda - Final-revised August 5, 2024 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 Printed on 8/2/2024

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