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City Council

Regular Meeting

Commerce City, CO · October 21, 2024

AgendaMinutes

Minutes

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, October 21, 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_fDIF7BPQQtq_DKr kPngCFw Regular Meeting. Revised 10/17/2024 at 3 PM. 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 October 21, 2024, at 6:00 PM. A motion was made by Council Member Kim, seconded by Council Member Madera, 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 Renee Millard-Chacon, Council Member Craig Kim, Council Member Sean Ford and Council Member Kristi Douglas Excused: 1 - Council Member Charles Dukes 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 Madera, to adopt the agenda as presented. VOTE: 8 - Aye, 1 - Excused (Dukes) 4. Public Comment Commerce City Page 1 City Council Meeting Minutes - Final October 21, 2024 24-142 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, October 21, 2024. Monseñor Jorge De los Santos spoke on environmental issues in the City. Marisela Barrera spoke on an interaction they had with a park ranger in a City park. Troy Younger spoke on the naming of Calu Park. Jackie Valdez spoke on the public safety town hall and issues in their neighborhood. Davinder Sandhu spoke on 120th and Chambers store break-ins. 5. Recess to the Urban Renewal Authority Meeting 6. Reconvene the City Council Regular Meeting 7. Proclamations and Recognitions Proc 24-017 Proclamation Declaring November 1, 2024 as Extra Mile Day in Commerce City, Colorado A motion was made by Council Member Kim, seconded by Council Member Teter, 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 Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Dukes Proc 24-018 Proclamation Declaring November 2024 as Native American Heritage 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. VOTE: Aye: 8- Mayor Douglas, Mayor Pro Tem Noble, Council Member Madera, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Dukes Commerce City Page 2 City Council Meeting Minutes - Final October 21, 2024 8. Noticed Council Business 24-271 Legislative Booklet Review City Manager Rogers provided an overview of the draft Legislative Booklet. A motion was made by Mayor Pro Tem Noble, seconded by Council Member Douglas, to include equity issues, including air pollution, air toxins and air quality in the Legislative Booklet. VOTE: 6 - Aye, 2 - Nay (Ford, Teter), 1 - Excused (Dukes) 24-272 Legislative Dinner Timeline Discussion City Manager Rogers provided an update on the upcoming legislative dinner. A motion was made by Council Member Madera, seconded by Council Member Ford, to approve the legislative dinner timeline. VOTE: 7 - Aye, 1 - Nay (Noble), 1 - Excused (Dukes) 24-273 Endorsement of 4A and 4B ballot measures for Adams 14 School District A motion was made by Mayor Pro Tem Noble, seconded by Council Member Kim, to endorse Adams 14 School District ballot measures 4A and 4B. VOTE: 7 - Aye, 1 - Nay (Ford), 1 - Excused (Dukes) 9. Presentations Pres 24-467 Latino Engagement Taskforce Cohort #5 Presentation Members of the 5th cohort of the Latino Engagement Task Force gave an overview of their previous meetings, recommendations for City Council, and member testimonials. 10. Consent Agenda A motion was made by Mayor Pro Tem Noble, seconded by Council Member Madera, to approve the Consent Agenda as presented. ROLL CALL VOTE: Aye: 8- Mayor Douglas, Mayor Pro Tem Noble, Council Member Madera, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Dukes Min 24-181 Minutes of the October 7, 2024 Regular Meeting Res 2024-123 A RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR THE PURCHASE OF HARDWARE FROM DELL MARKETING L.P. Commerce City Page 3 City Council Meeting Minutes - Final October 21, 2024 Res 2024-096 A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF COMMERCE CITY AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR SAFETY IMPROVEMENTS AT THE E. 69TH AVENUE AND E. 72ND AVENUE CROSSINGS OF THE UNION PACIFIC RAILROAD TO ESTABLISH A QUIET ZONE 11. Public Hearings Res 2024-050 A RESOLUTION ADOPTING THE BUDGET FOR THE CITY OF COMMERCE CITY, COLORADO FOR THE YEAR 2025 AND PROVIDING FOR 2024 COMMERCE CITY TAX LEVY Mayor Douglas opened the hearing. Christopher Johnson, Budget Manager, presented the proposed 2025 budget. There was no public testimony. A motion was made by Council Member Teter, seconded by Council Member Kim, that this Resolution be continued to November 4, 2024. VOTE: Aye: 8- Mayor Douglas, Mayor Pro Tem Noble, Council Member Madera, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Dukes AN-268-24 AN ORDINANCE ANNEXING THE PROPERTY GENERALLY LOCATED AT 9901 CHAMBERS ROAD TO THE CITY OF COMMERCE CITY, COLORADO IN CASE AN-268-24 KNOWN AS THE ANDERSON RANCH ANNEXATION Mayor Douglas opened the public hearing. Dave Morton, Anderson Development, provided the applicant's presentation and was present to take questions. Nathan Chavez, Planner II, provided the staff presentation. There was no public testimony. Mayor Douglas closed the public hearing. A motion was made by Council Member Teter, 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 Millard-Chacon, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Dukes Commerce City Page 4 City Council Meeting Minutes - Final October 21, 2024 Z-973-21-24 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO BY ZONING THE PROPERTY ANNEXED AS THE ANDERSON RANCH ANNEXATION FROM AGRICULTURAL‐3 DISTRICT TO A PUD ZONE DISTRICT AND APPROVING A PUD ZONE DOCUMENT Mayor Douglas opened the public hearing. Dave Morton, Anderson Development, provided the applicant's presentation and was present to take questions. Nathan Chavez, Planner II, provided the staff presentation. A motion was made by Mayor Pro Tem Noble, seconded by Council Member Douglas, to extend the automatic time of adjournment to 11:30 PM. VOTE: 5 - Aye, 3 - Nay (Ford, Kim, Madera), 1 - Excused (Dukes) There was no public testimony. Mayor Douglas closed the public hearing. A motion was made by Mayor Pro Tem Noble, seconded by Mayor Douglas, that this Zoning Ordinances be introduced by council as seated and approved on first reading as amended to include the following: add a trail along the south side of 100th Avenue; add an additional roundabout at 100th Avenue at the first proposed intersection west of Chambers Road; add matching lot lines on property adjacent to Harvest Meadows; and no vinyl siding. VOTE: Aye: 5- Mayor Douglas, Mayor Pro Tem Noble, Council Member Millard-Chacon, Council Member Ford and Council Member Douglas Nay: 3- Council Member Madera, Council Member Teter and Council Member Kim Excused: 1- Council Member Dukes 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, October 21st. Please contact the City Clerk to request paper copies of materials. 12. Resolutions Res 2024-105 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONTRACT WITH JHL CONSTRUCTORS, LLC. FOR THE CONSTRUCTION OF E. 96TH AVENUE WIDENING FROM CHAMBERS ROAD TO TOWER ROAD A motion was made by Council Member Madera, seconded by Council Member Ford, that this Resolution be adopted. VOTE: Commerce City Page 5 City Council Meeting Minutes - Final October 21, 2024 Aye: 7- Mayor Douglas, Council Member Madera, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Ford and Council Member Douglas Nay: 1- Mayor Pro Tem Noble Excused: 1- Council Member Dukes Res 2024-119 A RESOLUTION AMENDING AND APPROVING A UTILITY EASEMENT ON CITY PROPERTY LOCATED ALONG THE EAST SIDE OF BUCKLEY ROAD BETWEEN E. 96TH AVE. AND E. 88TH AVE. TO UNITED POWER, INC. TO ACCOMMODATE AN UNDERGROUND ELECTRICAL DISTRIBUTION LINE A motion was made by Council Member Teter, seconded by Council Member Ford, to approve Mayor Douglas and Council Member Madera to recuse themselves from the vote on Resolution 2024-119. VOTE: 8 - Aye, 1 - Excused (Dukes) A motion was made by Council Member Ford, seconded by Council Member Kim, that this Resolution be adopted. VOTE: Aye: 6- Mayor Pro Tem Noble, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Ford and Council Member Douglas Excused: 1- Council Member Dukes Recused: 2- Mayor Douglas and Council Member Madera Commerce City Page 6 City Council Meeting Minutes - Final October 21, 2024 13. Administrative Council Business A motion was made by Council Member Kim, seconded by Council Member Ford, to direct the City Manager and staff to follow a similar complaint submission and investigation process outlined in CP-3 for complaints against committee members. VOTE: 8 - Aye, 1 - Excused (Dukes) A motion was made by Council Member , seconded by Council Member Douglas, to allow Council Member Madera to recruse themselves on the vote to send a complaint letter to the Public Utilities Commission. VOTE: 8 - Aye, 1 - Excused (Dukes) A motion was made by Council Member Ford, seconded by Council Member Douglas, to send a formal complaint to the Public Utilities Commission over the amount of outages and how it is negatively affecting residents and businesses with no options for recourse. VOTE: 7 - Aye, 1 - Recuse (Madera), 1 - Excused (Dukes) A motion was made by Mayor Pro Tem Noble, seconded by Council Member Madera, to direct the city manager to hold a public safety town hall in northeast area of the City with the Chief of Police and the Mayor. VOTE: 7 - Aye, 1 - Nay (Kim), 1 - Excused (Dukes) A motion was made by Mayor Pro Tem Noble, seconded by Mayor Douglas, to direct staff to provide an update on Parks, Recreation & Golf projects by the end of the year on projects that are user focused. Council Member Douglas offered a friendly amendment to include soccer fields. The friendly amendment was accepted. VOTE: 6 - Aye, 2 - Nay (Madera, Teter), 1 - Excused (Dukes) A motion was made by Mayor Pro Tem Noble, seconded by Mayor Douglas, to extend the automatic time of adjournment to 11:55 PM. VOTE: 5 - Aye, 3 - Nay (Kim, Ford, Madera), 1 - Excused (Dukes) A motion was made by Council Member Madera, seconded by Council Member Kim, to direct the City Manager and Chief of Police to continue to address concerns about public safety and public nuisances and to bring back short term and long term actionable plans for the Council to implement. VOTE: 8 - Aye, 1 - Excused (Dukes) 14. 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. 24-237 Review of Work Schedule Commerce City Page 7 City Council Meeting Minutes - Final October 21, 2024 15. Adjourn The meeting adjourned at 11:37 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 24-266 City Manager Week in Review Report 24-243 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

Agenda

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Agenda - Final-revised City Council Monday, October 21, 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_fDIF 7BPQQtq_DKrkPngCFw Regular Meeting. Revised 10/17/2024 at 3 PM. Times given are estimates only 1. Call to Order/Roll Call 2. Pledge of Allegiance 3. Approval of Agenda 4. Public Comment 24-142 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, October 21, 2024. 5. Recess to the Urban Renewal Authority Meeting 6. Reconvene the City Council Regular Meeting 7. Proclamations and Recognitions Proc 24-017 Proclamation Declaring November 1, 2024 as Extra Mile Day in Commerce City, Colorado Attachments: Extra Mile Day Proclamation Commerce City Page 1 Printed on 10/22/2024 City Council Meeting Agenda - Final-revised October 21, 2024 Proc 24-018 Proclamation Declaring November 2024 as Native American Heritage Month in Commerce City, Colorado Attachments: Native American Heritage Month Proclamation 8. Noticed Council Business 24-271 Legislative Booklet Review Attachments: Commerce City Legislative Booklet 24-272 Legislative Dinner Timeline Discussion 24-273 Endorsement of 4A and 4B ballot measures for Adams 14 School District 9. Presentations Pres 24-467 Latino Engagement Taskforce Cohort #5 Presentation Attachments: Council Communication Presentation LET 5 Report October 2024 10. Consent Agenda Min 24-181 Minutes of the October 7, 2024 Regular Meeting Attachments: October 7, 2024 Meeting Minutes Res A RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR THE 2024-123 PURCHASE OF HARDWARE FROM DELL MARKETING L.P. Attachments: Council Communication Resolution 2024-123 Contract Res A RESOLUTION AUTHORIZING EXECUTION OF AN 2024-096 INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF COMMERCE CITY AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR SAFETY IMPROVEMENTS AT THE E. 69TH AVENUE AND E. 72ND AVENUE CROSSINGS OF THE UNION PACIFIC RAILROAD TO ESTABLISH A QUIET ZONE Attachments: Council Communication Resolution 2024-096 Intergovernmental Agreement Presentation Commerce City Page 2 Printed on 10/22/2024 City Council Meeting Agenda - Final-revised October 21, 2024 11. Public Hearings Res A RESOLUTION ADOPTING THE BUDGET FOR THE CITY OF 2024-050 COMMERCE CITY, COLORADO FOR THE YEAR 2025 AND PROVIDING FOR 2024 COMMERCE CITY TAX LEVY Attachments: Council Communication Resolution 2024-050 2025 Budget Presentation 2025 Proposed Budget Legal Notice Affidavit - 1 Legal Notice Affidavit - 2 AN-268-24 AN ORDINANCE ANNEXING THE PROPERTY GENERALLY LOCATED AT 9901 CHAMBERS ROAD TO THE CITY OF COMMERCE CITY, COLORADO IN CASE AN-268-24 KNOWN AS THE ANDERSON RANCH ANNEXATION Attachments: Council Communication Ordinance AN-268-24 Annexation Report Vicinity Map Annexation Petition Annexation Map Annexation Agreement Staff Presentation Applicants Presentation Legal Notice Affidavit Continued from the August 19, 2024 meeting. Commerce City Page 3 Printed on 10/22/2024 City Council Meeting Agenda - Final-revised October 21, 2024 Z-973-21-24 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO BY ZONING THE PROPERTY ANNEXED AS THE ANDERSON RANCH ANNEXATION FROM AGRICULTURAL‐3 DISTRICT TO A PUD ZONE DISTRICT AND APPROVING A PUD ZONE DOCUMENT Attachments: Council Communication Ordinance Z-973-21-24 Zone Change Report Vicinity Map Applicant Narrative Applicant Planning Commission Concerns Response Proposed PUD Zone Document Concept Plan Neighborhood Meeting Summary Public Comments Staff Presentation Applicants Presentation Preliminary Drainage Study Traffic Impact Study July Planning Comission Minutes August Planning Commision Minutes Legal Notice Affidavit Proof of Sign Posting Continued from the August 19, 2024 meeting. 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, October 21st. Please contact the City Clerk to request paper copies of materials. 12. Resolutions Commerce City Page 4 Printed on 10/22/2024 City Council Meeting Agenda - Final-revised October 21, 2024 Res A RESOLUTION AUTHORIZING THE CITY MANAGER TO 2024-105 NEGOTIATE A CONTRACT WITH JHL CONSTRUCTORS, LLC. FOR THE CONSTRUCTION OF E. 96TH AVENUE WIDENING FROM CHAMBERS ROAD TO TOWER ROAD Attachments: Council Communication Resolution 2024-105 Res A RESOLUTION AMENDING AND APPROVING A UTILITY 2024-119 EASEMENT ON CITY PROPERTY LOCATED ALONG THE EAST SIDE OF BUCKLEY ROAD BETWEEN E. 96TH AVE. AND E. 88TH AVE. TO UNITED POWER, INC. TO ACCOMMODATE AN UNDERGROUND ELECTRICAL DISTRIBUTION LINE Attachments: Council Communication Resolution 2024-119 Exhibit A Presentation Resolution 2023-137 - Previous Easement 13. Administrative Council Business 14. Council Reports 24-237 Review of Work Schedule Attachments: Regular Meetings Study Sessions 15. Adjourn 24-266 City Manager Week in Review Report Attachments: October 11, 2024 Report 24-243 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 10/22/2024

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