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City Council

Regular Meeting

Commerce City, CO · November 18, 2024

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7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, November 18, 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_sEgp039CTbWsuq owNhkw7Q Regular Meeting Times given are estimates only Updated 11/18/2024 @ 12:00 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 November 18, 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 Member Madera, to adopt the agenda. VOTE: 9 - Aye 4. Public Comment Commerce City Page 1 City Council Meeting Minutes - Final November 18, 2024 24-144 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 18, 2024. Yenis Galeano spoke on planting trees for the schools. Manny Rutinel spoke in favor of Ordinance 2647. Randy Wulf spoke on abandon trucks and motor homes in their neighborhood. Keith Rogers spoke on speeding in their neighborhood. Jackie Valdez spoke on homelessness in their neighborhood. 5. Proclamations and Recognitions Proc 24-019 Proclamation Declaring November 30, 2024 as Small Business Saturday in Commerce City, Colorado A motion was made by Council Member Kim, seconded by Council Member Dukes, that this Proclamation be approved. 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 6. Presentations Pres 24-462 Buffalo Run Clubhouse Update Chad Redin, Director of Parks, Recreation, & Golf, provided an updated on the Buffalo Run Clubhouse. A motion was made by Councilmember Dukes, seconded by Mayor Pro Tem Noble, to direct staff to move forward with option 3. Mayor Pro Tem offered a friendly amendment to direct staff to bring back a report on how the additional space will be utilized by 2nd Quarter of 2025. VOTE: 5 - Aye, 4 - Nay (Chacon, Douglas, Douglas, Teter) 7. Consent Agenda A motion was made by Mayor Pro Tem Noble, seconded by Council Member Dukes, to approve the Consent Agenda as presented. ROLL CALL VOTE: Commerce City Page 2 City Council Meeting Minutes - Final November 18, 2024 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 2024-014 A RESOLUTION APPOINTING MEMBERS TO DESIGNATED BOARDS AND COMMISSIONS OF COMMERCE CITY Res 2024-114 A RESOLUTION APPROVING THE SELECTION OF REPUBLIC SERVICES, INC. TO PROVIDE THE CURBSIDE GARBAGE AND RECYCLING PROGRAM AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT Res 2024-140 A RESOLUTION AUTHORIZING AWARD OF A MASTER SERVICES AGREEMENT FOR SCANNING SERVICES WITH ROCKY MOUNTAIN MICROFILM AND IMAGING LLC, DBA RMMI DIGITAL DOCUMENT SOLUTIONS 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 8. Public Hearings Res 2024-125 A RESOLUTION ISSUING A CERTIFICATE OF DESIGNATION FOR A SOLID WASTE DISPOSAL SITE AND FACILITY INCLUDING A REVISED ENGINEERING DESIGN AND OPERATIONS PLAN AND RELOCATION OF THE EXISTING ENTRANCE TO THE LANDFILL LOCATED AT THE SOUTHEAST CORNER OF TOWER ROAD AND EAST 88TH AVENUE Mayor Douglas opened the hearing. Steve Derus, representing the applicant, provided the applicant's presentation. Dalton Guerra, senior planner, provided the staff presentation. There was no public testimony. Mayor Douglas closed the hearing. A motion was made by Council Member Teter, 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 3 City Council Meeting Minutes - Final November 18, 2024 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 18. Please contact the City Clerk to request paper copies of materials. 9. Ordinances on 1st Reading Ord 2647 AN ORDINANCE AMENDING THE COMMERCE CITY REVISED MUNICIPAL CODE CHAPTER 4 ARTICLE I AND ADDING A NEW ARTICLE VI REGARDING COMMERCIAL KENNELS, HOBBY BREEDERS, AND PET STORES 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 as amended. VOTE: Aye: 7- Mayor Douglas, Mayor Pro Tem Noble, Council Member Madera, Council Member Teter, Council Member Millard-Chacon, Council Member Kim and Council Member Douglas Nay: 2- Council Member Dukes and Council Member Ford 10. Ordinances on 2nd Reading 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 A motion was made by Council Member Teter, seconded by Council Member Kim, that this Zoning Ordinances be approved on second & final reading. VOTE: Aye: 8- Mayor Douglas, Mayor Pro Tem Noble, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Dukes, Council Member Ford and Council Member Douglas Nay: 1- Council Member Madera Commerce City Page 4 City Council Meeting Minutes - Final November 18, 2024 11. Administrative Council Business A motion was made by Councilmember Ford, seconded by Councilmember Teter, to enter an executive session pursuant to C.R.S. section 24-6-402(4)(b) for the purpose of receiving legal advice regarding the Charter authorities for Council, the City Manager and the Mayor. VOTE: 9 - Aye A motion was made by Mayor Pro Tem, seconded by Mayor Douglas, to allow the Mayor Pro Tem to speak at the Cultivando news conference at the Colorado Department of Health and Environment on a Suncor lawsuit. VOTE: 6 - Aye, 3 - Nay (Dukes, Ford, Teter) A motion was made by Mayor Pro Tem Noble, seconded by Councilmember Kim, to direct staff to reach out to Boulder AIR to determine what is the best way to support their grant application (e.g., via a letter of support or to partner with them). VOTE: 8 - Aye, 1 - Nay (Teter) A motion was made by Councilmember Madera, seconded by Councilmember Dukes, to draft a letter from Mayor and Council to Colorado Department Transportation to prioritize the roadways in poor condition in Commerce City. VOTE: 9 - Aye A motion was made by Councilmember Madera, seconded by Councilmember Kim, to direct staff to reach out to the public speaker from Public Comment to potentially partner with the school and plant more trees. VOTE: 9 - Aye A motion was made by Councilmember Dukes, seconded by , to direct the City Attorney to provide a legal memorandum on the potential change to city code sec. 7-1004 to make park closures start at dusk or 9pm instead of 11pm. Councilmember Ford offered a friendly amendment to forego dusk due to daylight saving time in the winter. VOTE: 9 - Aye 12. 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. 13. Adjourn The meeting adjourned at 10:20 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 24-250 City Manager Week in Review Report Commerce City Page 5 City Council Meeting Minutes - Final November 18, 2024 24-245 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 6

Agenda

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Agenda - Final-revised City Council Monday, November 18, 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_sEgp 039CTbWsuqowNhkw7Q Regular Meeting Times given are estimates only Updated 11/18/2024 @ 12:00 PM 1. Call to Order/Roll Call - 6:00 PM 2. Pledge of Allegiance 3. Approval of Agenda 4. Public Comment 24-144 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 18, 2024. Attachments: Written Comments 5. Proclamations and Recognitions - 6:20 PM Proc 24-019 Proclamation Declaring November 30, 2024 as Small Business Saturday in Commerce City, Colorado Attachments: 2024 Small Business Saturday Proclamation 6. Presentations Commerce City Page 1 Printed on 11/18/2024 City Council Meeting Agenda - Final-revised November 18, 2024 Pres 24-462 Buffalo Run Clubhouse Update Attachments: Council Communication Presentation 7. Consent Agenda - 7:15 PM Res A RESOLUTION APPOINTING MEMBERS TO DESIGNATED BOARDS 2024-014 AND COMMISSIONS OF COMMERCE CITY Attachments: Council Communication Resolution 2024-014 Memo Packet Res A RESOLUTION APPROVING THE SELECTION OF REPUBLIC 2024-114 SERVICES, INC. TO PROVIDE THE CURBSIDE GARBAGE AND RECYCLING PROGRAM AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT Attachments: Council Communication Resolution 2024-114 First Amendment to Agreement 2019 Agreement Res A RESOLUTION AUTHORIZING AWARD OF A MASTER SERVICES 2024-140 AGREEMENT FOR SCANNING SERVICES WITH ROCKY MOUNTAIN MICROFILM AND IMAGING LLC, DBA RMMI DIGITAL DOCUMENT SOLUTIONS Attachments: Council Communication Resolution 2024-140 Agreement Commerce City Page 2 Printed on 11/18/2024 City Council Meeting Agenda - Final-revised November 18, 2024 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 This item was approved on first reading at the October 21, 2024 meeting. VOTE: All aye. 8. Public Hearings - 7:30 PM Commerce City Page 3 Printed on 11/18/2024 City Council Meeting Agenda - Final-revised November 18, 2024 Res A RESOLUTION ISSUING A CERTIFICATE OF DESIGNATION FOR A 2024-125 SOLID WASTE DISPOSAL SITE AND FACILITY INCLUDING A REVISED ENGINEERING DESIGN AND OPERATIONS PLAN AND RELOCATION OF THE EXISTING ENTRANCE TO THE LANDFILL LOCATED AT THE SOUTHEAST CORNER OF TOWER ROAD AND EAST 88TH AVENUE Attachments: Council Communication Resolution 2024-125 Staff Report Vicinity Map Narrative Site Plan (Bowl Area) Site Plan (Final Build Out) Renderings EDOP CDPHE Recommendation ADCO Health Recommendation CDPHE Public Notice Certificate of Designation Staff Presentation Applicant Presentation Legal Notice Affidavit 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 18. Please contact the City Clerk to request paper copies of materials. 9. Ordinances on 1st Reading Commerce City Page 4 Printed on 11/18/2024 City Council Meeting Agenda - Final-revised November 18, 2024 Ord 2647 AN ORDINANCE AMENDING THE COMMERCE CITY REVISED MUNICIPAL CODE CHAPTER 4 ARTICLE I AND ADDING A NEW ARTICLE VI REGARDING COMMERCIAL KENNELS, HOBBY BREEDERS, AND PET STORES Attachments: Council Communication Ordinane 2647 Ordinance 2542 - Failed Presentation Written Comments - December 2023 August 7, 2023 Meeting Minutes December 11, 2023 Meeting Minutes March 4, 2024 Meeting Minutes 10. Ordinances on 2nd Reading 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 Amended 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 This item was approved on first reading at the October 21, 2024 meeting. VOTE: 5 - Aye, 3 - Nay, 1 - Excused. Commerce City Page 5 Printed on 11/18/2024 City Council Meeting Agenda - Final-revised November 18, 2024 11. Administrative Council Business - 8:35 PM 12. Council Reports - 9:00 PM 13. Adjourn - 9:20 PM 24-250 City Manager Week in Review Report Attachments: November 8, 2024 Report 24-245 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 6 Printed on 11/18/2024

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