City Council

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, November 4, 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_4AgzzHb9SZanprk GhmI_6A Regular Meeting. Revised 11/04/2024 at 12:30 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 November 4, 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 Kim, seconded by Council Teter, to approve the agenda as presented. VOTE: 9 - Aye 4. Public Comment Commerce City Page 1 City Council Meeting Minutes - Final November 4, 2024 24-143 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, November 4, 2024. Karl Zimmerman asked Council to review the email he sent on October 15, 2024 concerning Parks, Recreation & Golf Advisory Committee meeting minutes and the use of private golf carts on Buffalo Run Golf Course. Jackie Valdes spoke on tax increase for schools, commercial vehicles driving on her street, and Housing Authority facilities. Burke Scot Beu spoke on the need for affordable housing in Commerce City. Keith Rogers spoke on commercial vehicles driving through his nieghborhood, police presence, street clean up, street racing and the need for feed back on these issues from the city. 5. Noticed Council Business 24-275 Sparkling Kindness Donation Request A motion was made by Council Member Kim, seconded by Mayor Pro Tem Noble, to donate $1,000 to support Sparkling Kindness. VOTE: 9- Aye 6. Presentations Pres 24-023 Oil and Gas Monthly Update LibbyTart , Environmental Planner III, provided the monthly oil and gas update. 7. Consent Agenda A motion was made by Council Member Dukes, seconded by Council Member Kim, to approve the Consent Agenda as presented. 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 2 City Council Meeting Minutes - Final November 4, 2024 Min 24-185 Minutes of the October 21, 2024 Regular Meeting Res 2024-103 A RESOLUTION AUTHORIZING AWARD OF A CONTRACT FOR AUDIO VISUAL UPGRADES AT THE EAGLE POINTE RECREATION CENTER TO BEACON COMMUNICATIONS, LLC Res 2024-121 A RESOLUTION APPROVING GREAT OUTDOORS COLORADO ADDENDUM TO THE GRANT AGREEMENT FOR GENERATION WILD NORTHEAST METRO COALITION. Res 2024-124 A RESOLUTION DECLARING SUPPORT OF PUBLIC ART INSTALLATION FOR MONACO PARK Res 2024-135 A RESOLUTION AUTHORIZING AN AMENDMENT TO MASTER SERVICES AGREEMENT BY AND BETWEEN THE CITY OF COMMERCE CITY AND ADVANCED NETWORK MANAGEMENT, INC. Res 2024-147 A RESOLUTION AMENDING COUNCIL POLICY #CP-2 TO REVISE AND CLARIFY ITEMS THAT MAY BE PLACED ON THE CONSENT AGENDA AND WHICH COUNCIL MEMBERS MAY COUNT FOR PURPOSES OF ESTABLISHING A QUORUM FOR THE BOARDS AND COMMISSIONS COMMITTEE Ord 2613 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF COLORADO DEPARTMENT OF TRANSPORTATION FUNDS IN THE AMOUNT OF $453,600 FOR THE FISCAL YEAR 2025 HIGHWAY SAFETY IMPROVEMENT PROGRAM. Ord 2619 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE COLORADO LOCAL ENTITY AIR NETWORK (CLEAN) GRANT IN THE AMOUNT OF $1,000 FOR LOVE MY AIR PROGRAM ACTIVITIES. PUDA23-0005 AN ORDINANCE APPROVING THE MILE HIGH GREYHOUND PARK PUD ZONE DOCUMENT AMENDMENT 2 TO ALLOW FOR LIMITED DRIVE-THRU USES IN PLANNING AREA B. THE PROPERTY CONSISTS OF 10.52 ACRES AND IS GENERALLY LOCATED AT THE NORTHWEST CORNER OF EAST 62ND AVENUE AND ELM STREET Commerce City Page 3 City Council Meeting Minutes - Final November 4, 2024 Z24-0001 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO BY REZONING THE PROPERTY GENERALLY LOCATED AT 5400 FOREST ST FROM LIGHT INTENSITY INDUSTRIAL DISTRICT (I-1) AND HEAVY INTENSITY INDUSTRIAL DISTRICT (I-3) TO MEDIUM INTENSITY INDUSTRIAL DISTRICT (I-2) Z-980-24 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO BY REZONING THE PROPERTY GENERALLY LOCATED AT 9021 E-470 FROM AGRICULTURAL DISTRICT (AG) TO REGIONAL COMMERCIAL DISTRICT (C-3) Z-979-24 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO BY REZONING THE PROPERTY GENERALLY LOCATED AT 9022 E-470 FROM AGRICULTURAL DISTRICT (AG) TO REGIONAL COMMERCIAL DISTRICT (C-3) 8. 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 This hearing was continued from the October 21, 2024 City Council meeting. Mayor Douglas opened the public hearing. There was no public testimony. Mayor Douglas closed the public hearing. A motion was made by Council Member Dukes, seconded by Council Member Ford, 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 4 City Council Meeting Minutes - Final November 4, 2024 Res 2024-107 A RESOLUTION APPROVING THE FINAL PLAT FOR SECOND CREEK FARM FILING NO. 3 AMENDMENT 3, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF EAST 92ND AVENUE AND TOWER ROAD, AND CONSISTING OF 28.90 ACRES Mayor Douglas opened the public hearing. Eric Carlson, Attorney, gave the applicant's presentation and was present to take questions from Council. Nathan Chavez, Planner II, provided the staff presentation to Council. There was no public testimony. Mayor Douglas closed the public hearing. A motion was made by Council Member Teter, seconded by Council Member Dukes, 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 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, November 4th. Please contact the City Clerk to request paper copies of materials. 9. Resolutions Res 2024-127 A RESOLUTION APPROVING THE TRANSFER OF CITY OWNED PROPERTY LOCATED AT 18250 EAST 92ND AVENUE A motion was made by Council Member Teter, seconded by Council Member Dukes, 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 5 City Council Meeting Minutes - Final November 4, 2024 Res 2024-145 A RESOLUTION CONSENTING TO PARTICIPATION BY THE COMMERCE CITY HOUSING AUTHORITY IN THE COLORADO INTERGOVERNMENTAL RISK SHARING AGENCY A motion was made by Council Member Ford, seconded by Council Member Dukes, to recuse Council Member Kim and Council Member Madera from the vote. VOTE: 7- Aye, 2 - Recused (Kim, Madera) A motion was made by Council Member Dukes, seconded by Council Member Ford, that this Resolution be adopted. VOTE: Aye: 7- Mayor Douglas, Mayor Pro Tem Noble, Council Member Teter, Council Member Millard-Chacon, Council Member Dukes, Council Member Ford and Council Member Douglas Recused: 2- Council Member Madera and Council Member Kim 10. Ordinances on 1st Reading Ord 2644 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE BULLETPROOF VEST PARTNERSHIP GRANT FUNDS IN THE AMOUNT OF $19,555.15 FOR THE BULLETPROOF VEST PROGRAM IN THE COMMERCE CITY POLICE DEPARTMENT 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: 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 2645 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE GENERATION WILD GRANT FUNDS FROM GREAT OUTDOORS COLORADO IN THE AMOUNT OF $7,000 TO PROVIDE OPPORTUNITIES TO YOUTH TO CONNECT WITH THE OUTDOORS 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: 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 11. Ordinances on 2nd Reading Commerce City Page 6 City Council Meeting Minutes - Final November 4, 2024 Ord 2646 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO, BY APPROPRIATING UNENCUMBERED FUND BALANCE IN THE GENERAL FUND IN THE AMOUNT OF $1,276,250 FOR USE ON THE ADAMS TOWER 6TH FLOOR RENOVATION, INCLUDING SPECIFIED INTERFUND TRANSFERS, AND AUTHORIZATION OF THE EXPENDITURES THEREOF A motion was made by Council Member Teter, seconded by Council Member Dukes, that this Ordinance be adopted on second & final 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 Dukes and Council Member Ford Nay: 1- Council Member Douglas 12. Administrative Council Business 24-277 BEAD Grant Letter of Support for Viaero Fiber Networks, LLC A motion was made by Council Member Kim seconded by Council Member Teter, to approve the letter of support for Viaero Fiber Networks, LLC's BEAD grant application. VOTE: 9 - Aye A motion was made by Mayor Pro Tem Noble, seconded by Council Member Kim, to authorize the mayor to speak on behalf of the City at an upcoming Air Quality Control Commission meeting in December and to provide information on talking points to Council prior to the meeting. VOTE: 8 - Aye, 1 - Nay (Teter) 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. 14. Recess to the URA Meeting 15. Reconvene City Council Meeting 16. Executive Session Commerce City Page 7 City Council Meeting Minutes - Final November 4, 2024 24-225 An executive session of the City Council pursuant to C.R.S. Sec. 24-6-402(4)(f)(I) for the discussion of personnel matters, specifically to conduct the yearly performance evaluation, and to establish 2025 performance standards of the City Manager. Formal action by the City Council following the executive session is anticipated and will occur in open session. A motion was made by Council Member Kim, seconded by Council Member Teter, to enter into executive session of the City Council of Commerce City pursuant to C.R.S. section 24-6-402(4)(f)(l) for the discussion of personnel matters, specifically to conduct the yearly performance evaluation, and to establish 2025 performance standards of the City Manager. 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 Res 2024-143 A RESOLUTION ADOPTING 2025 PERFORMANCE STANDARDS AND APPROVING A SALARY INCREASE FOR CITY MANAGER JASON ROGERS A motion was made by Mayor Douglas, seconded by Mayor Pro Tem Noble, to extend the regular meeting to 11:00 PM. VOTE: 9 - Aye The City Clerk read Resolution 2024-143 into the record. A motion was made by Council Member Kim, seconded by Council Member Dukes, that this Resolution be adopted. VOTE: Aye: 8- Mayor Douglas, Council Member Madera, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Dukes, Council Member Ford and Council Member Douglas Abstained: 1- Mayor Pro Tem Noble 17. Adjourn There being no further business, Mayor Douglas adjourned the meeting. The meeting adjourned at 11:03 PM. In accord with the city charter, the city clerk read the title to all ordinances and resolutions adopted by Council at this meeting. _________________________ Kim Garland, Deputy City Clerk 24-267 City Manager Week in Review Report 24-244 City Council Policies Commerce City Page 8 City Council Meeting Minutes - Final November 4, 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 9