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City Council

Regular Meeting

Commerce City, CO · November 25, 2024

AgendaMinutes

Minutes

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, November 25, 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_5vfQHVBORweO2 Nusn6eO_w Special Meeting Public comment will be allowed as specified below Revised 11/25/2024 @ 12:00 PM 1. Call to Order/Roll Call A special meeting of the City Council of the City of Commerce City was called to order by Mayor Douglas on November 25, 2024, at 6:00 PM. A motion was made by Council Member Dukes, seconded by Council Member Ford, to excuse those members not present. VOTE: 4,- Aye, 4 - Nay (Chacon, K. Douglas, Kim, S. Douglas), Absent - 1 (Madera). Motion failed. Present: 8 - Mayor Steven J. Douglas, Mayor Pro Tem Susan Noble, 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 Absent: 1 - Council Member Oscar Madera 2. Public Comment Commerce City Page 1 City Council Meeting Minutes - Final November 25, 2024 24-282 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 25, 2024. Ronna Sanchez spoke on Resolution 2024-137 and Ordinance 2622. Jackie Valdez spoke on how city spends tax payer money and Ordinance 2622. Burk Scot Beu spoke on Resolution 2024-155. Scot Van Heusen spoke on the unveiling of the mural at Monaco Park, the marijuana moratorium, and Ordinance 2622. Randy Wulf spoke on homeless people in the city parks and streets. Brandi Valdez asked for donations for the Christmas Giving Tree at the Boutique at Adams City Middle School. 3. Recess to Urban Renewal Authority Meeting 4. Reconvene City Council Special Meeting 5. Presentations Pres 24-469 Marijuana Code Updates & Moratorium Discussion City Clerk Gibson presented on the Marijuana Code Updates & Moratorium. A motion was made by Mayor Pro Tem Noble, seconded by Mayor Douglas, to move the public hearing before the consent agenda. VOTE: 8 - Aye A motion was made by Council Member Dukes, seconded by Council Member Ford, to postpone Ordinance 2622 to the March 17, 2024. VOTE: 3 - Aye, 5 - Nay (Chacon, K. Douglas, S. Douglas, Kim, Noble). Motion failed. 7. Public Hearings Commerce City Page 2 City Council Meeting Minutes - Final November 25, 2024 Z24-0003 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO BY REZONING THE PROPERTY GENERALLY LOCATED AT 10225 CHAMBERS ROAD FROM AGRICULTURAL DISTRICT (AG) TO MULTI-FAMILY RESIDENTIAL DISTRICT (R-3) Mayor Douglas opened the public hearing. Marcus Pockner, Consultant forThompson Thrift, gave the applicant's presentation and were present to take questions from Council. Nathan Chaves, Planner II, provided the staff presentation to Council. The following citizens provided testimony on the matter: Marissa Mink opposed Ordinance Z24-0003. Mike Bowman submitted written comments that were incorporated into the agenda packet. Mayor Douglas closed the public hearing. A motion was made by Council Member Teter, seconded by Council Member Ford, that this Zoning Ordinances be introduced by council as seated and approved on first reading. VOTE: Aye: 3- Council Member Teter, Council Member Dukes and Council Member Ford Nay: 5- Mayor Douglas, Mayor Pro Tem Noble, Council Member Millard-Chacon, Council Member Kim 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 25th. Please contact the City Clerk to request paper copies of materials. 6. Consent Agenda Mayor Pro Tem Noble requested the following items be removed from Consent Agenda: Resolution 2024-136, Resolution 2024-137, Resolution 23024-138, Resolution 2024-151 and Ordinance 2650. A motion was made by Mayor Pro Tem Noble, seconded by Council Member Kim, to approve the Consent Agenda as amended. 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 Commerce City Page 3 City Council Meeting Minutes - Final November 25, 2024 Res 2024-128 A RESOLUTION AMENDING SECTION 4 OF THE DIRECTORY OF CITY FEES AND CHARGES TO ADD THE FEE CHARGED FOR SHORT TERM RENTAL UNIT LICENSES Res 2024-136 A RESOLUTION APPROVING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH FELSBURG, HOLT & ULLEVIG (FHU) FOR GRANT WRITING SERVICES A motion was made by Council Member Dukes, seconded by Council Member Teter, that this Resolution be adopted. VOTE: Aye: 5- Mayor Pro Tem Noble, Council Member Teter, Council Member Kim, Council Member Dukes and Council Member Ford Nay: 3- Mayor Douglas, Council Member Millard-Chacon and Council Member Douglas Res 2024-137 A RESOLUTION AUTHORIZING AMENDMENT TO AGREEMENT WITH LOTUS ENGINEERING AND SUSTAINABILITY FOR GRANT WRITING SERVICES A motion was made by Council Member Kim, seconded by Council Member Dukes, that this Resolution be adopted. VOTE: Aye: 3- Council Member Teter, Council Member Kim and Council Member Dukes Nay: 5- Mayor Douglas, Mayor Pro Tem Noble, Council Member Millard-Chacon, Council Member Ford and Council Member Douglas Res 2024-138 A RESOLUTION APPROVING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ELEVENTH HOUSE SOLUTIONS FOR GRANT WRITING SERVICES A motion was made by Council Member Kim, seconded by Council Member Teter, that this Resolution be adopted. VOTE: Aye: 3- Council Member Teter, Council Member Kim and Council Member Dukes Nay: 5- Mayor Douglas, Mayor Pro Tem Noble, Council Member Millard-Chacon, Council Member Ford and Council Member Douglas Res 2024-149 A RESOLUTION AUTHORIZING AWARD OF A CONTRACT FOR HOUSING AND LIVABILITY IMPROVEMENTS TO BROTHERS REDEVELOPMENT, INC. Res 2024-150 A RESOLUTION AUTHORIZING AWARD OF A CONTRACT FOR HOUSING AND LIVABILITY IMPROVEMENTS TO HABITAT FOR HUMANITY OF METRO DENVER Commerce City Page 4 City Council Meeting Minutes - Final November 25, 2024 Res 2024-151 A RESOLUTION AUTHORIZING AWARD OF A CONTRACT FOR EMERGENCY RENTAL AND MORTGAGE ASSISTANCE PROGRAM TO THE COMMUNITY ECONOMIC DEFENSE PROJECT A motion was made by Mayor Pro Tem Noble, seconded by Council Member Kim, that this Resolution be adopted. VOTE: Aye: 7- Mayor Douglas, Mayor Pro Tem Noble, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Dukes and Council Member Douglas Nay: 1- Council Member Ford Ord 2648 AN ORDINANCE AMENDING SECTIONS 21-5263, 21-5400, 21-5420, 21-5450 AND 21-11200 OF THE LAND DEVELOPMENT CODE PERTAINING TO THE REGULATION OF SHORT-TERM RENTALS Ord 2650 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY BY REVISING AMERICAN RESCUE PLAN ACT FUNDING APPROPRIATIONS AND AUTHORIZING THE EXPENDITURE THEREOF A motion was made by Mayor Pro Tem Noble, 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 Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Dukes, Council Member Ford and Council Member Douglas Ord 2651 AN ORDINANCE AMENDING THE 2025 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS IN THE AMOUNT OF $409,823 AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF Ord 2652 AN ORDINANCE AMENDING THE 2025 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF AMERICAN RESCUE PLAN ACT CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS IN THE AMOUNT OF $261,250 FOR A CO-RESPONSE PROGRAM IN THE COMMERCE CITY POLICE DEPARTMENT Ord 2653 AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 9 OF THE COMMERCE CITY REVISED MUNICIPAL CODE REVISING THE SHORT-TERM RENTAL REGISTRATION PROGRAM IN THE CITY OF COMMERCE CITY Commerce City Page 5 City Council Meeting Minutes - Final November 25, 2024 8. Ordinances on 1st Reading Ord 2622 AN ORDINANCE AMENDING THE COMMERCE CITY REVISED MUNICIPAL CODE CHAPTER 2, ARTICLE III ESTABLISHING THE METROPOLITAN DISTRICT ADVISORY COMMISSION A motion was mady by Mayor Douglas, seconded by Council Member Chacon, to extend the automatic time of adjournment to 11:30 p.m. VOTE: 5 - Aye, 3 - Nay (Dukes, Kim Ford) Jordan Roberts, Senior Policy Analyst, provided a presentation on Ordinance 2622. A motion was made by Council Member Kim, seconded by Council Member Ford, that this Ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 2- Council Member Kim and Council Member Ford Nay: 6- Mayor Douglas, Mayor Pro Tem Noble, Council Member Teter, Council Member Millard-Chacon, Council Member Dukes and Council Member Douglas 9. Resolutions Res 2024-155 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF COMMERCE CITY AND THE COMMERCE CITY HOUSING AUTHORITY A motion was made by Councilmember Kim, seconded by Councilmember Dukes, to allow Councilmember Kim to recuse themselves from the vote on Resolution 2024-155. VOTE: 7 - Aye, 1 - Recused (Kim) A motion was made by Council Member Teter, seconded by Mayor Pro Tem Noble, to extend the special meeting to midnight. VOTE: 9 - Aye A motion was made by Mayor Pro Tem Noble, seconded by Council Member Dukes, that this Resolution be adopted as amended. VOTE: Aye: 6- Mayor Douglas, Mayor Pro Tem Noble, Council Member Teter, Council Member Kim, Council Member Dukes and Council Member Ford Nay: 2- Council Member Millard-Chacon and Council Member Douglas 10. Executive Session Commerce City Page 6 City Council Meeting Minutes - Final November 25, 2024 24-286 An executive session pursuant to C.R.S. 24-6-402(4)(b) for the purpose of receiving legal advice regarding the approval of an intergovernmental agreement between the City of Commerce City and the Commerce City Housing Authority. A motion was made by Council Member Teter, seconded by Council Member Chacon, to enter into executive session pursuant to C.R.S. 24-6-402(4)(b) for the purpose of receiving legal advice regarding the approval of an intergovernmental agreement between the City of Commerce City and the Commerce City Housing Authority. 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 11. Administrative Council Business - 10:30 PM 24-285 Sponsorship Request for Pennock Center's Healing Hearts Fundraiser for $1,000 A motion was made by Mayor Douglas, seconded by Mayor Pro Tem Noble, to sponsor Pennock Center's Healing Hearts fundraiser in the amount of $1,000. VOTE: 8 - 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 11:54 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 24-283 City Manager Week in Review Report 24-284 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, November 25, 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_5vfQ HVBORweO2Nusn6eO_w Special Meeting Public comment will be allowed as specified below Revised 11/25/2024 @ 12:00 PM 1. Call to Order/Roll Call - 6:00 PM 2. Public Comment 24-282 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 25, 2024. 3. Recess to Urban Renewal Authority Meeting - 6:20 PM 4. Reconvene City Council Special Meeting - 6:35 PM 5. Presentations Commerce City Page 1 Printed on 11/25/2024 City Council Meeting Agenda - Final-revised November 25, 2024 Pres 24-469 Marijuana Code Updates & Moratorium Discussion Attachments: Council Communication Marijuana Code Updates & Moratorium Discussion Presentation DRAFT Ordinance 2624 - Marijuana Security Code DRAFT Ordinance 2625 - Marijuana Store Limit Code Interactive Marijuana Map Marijuana Licenses List May 13, 2024 Presentation May 13, 2024 Meeting Video 6. Consent Agenda - 7:20 PM Res A RESOLUTION AMENDING SECTION 4 OF THE DIRECTORY OF CITY 2024-128 FEES AND CHARGES TO ADD THE FEE CHARGED FOR SHORT TERM RENTAL UNIT LICENSES Attachments: Council Communication Resolution 2024-128 Exhibit A Exhibit B Res A RESOLUTION APPROVING AN AMENDMENT TO THE PROFESSIONAL 2024-136 SERVICES AGREEMENT WITH FELSBURG, HOLT & ULLEVIG (FHU) FOR GRANT WRITING SERVICES Attachments: Council Communication Resolution 2024-136 Amendment Professional Services Agreement Supplemental Information – Grant Writing Contract Amendments Res A RESOLUTION AUTHORIZING AMENDMENT TO AGREEMENT WITH 2024-137 LOTUS ENGINEERING AND SUSTAINABILITY FOR GRANT WRITING SERVICES Attachments: Council Communication Resolution 2024-137 Amendment Professional Services Agreement Supplemental Information – Grant Writing Contract Amendments Commerce City Page 2 Printed on 11/25/2024 City Council Meeting Agenda - Final-revised November 25, 2024 Res A RESOLUTION APPROVING AN AMENDMENT TO THE 2024-138 PROFESSIONAL SERVICES AGREEMENT WITH ELEVENTH HOUSE SOLUTIONS FOR GRANT WRITING SERVICES Attachments: Council Communication Resolution 2024-138 Amendment Original Agreement Supplemental Information – Grant Writing Contract Amendments Res A RESOLUTION AUTHORIZING AWARD OF A CONTRACT FOR 2024-149 HOUSING AND LIVABILITY IMPROVEMENTS TO BROTHERS REDEVELOPMENT, INC. Attachments: Council Communication Resolution 2024-149 Res A RESOLUTION AUTHORIZING AWARD OF A CONTRACT FOR 2024-150 HOUSING AND LIVABILITY IMPROVEMENTS TO HABITAT FOR HUMANITY OF METRO DENVER Attachments: Council Communication Resolution 2024-150 Res A RESOLUTION AUTHORIZING AWARD OF A CONTRACT FOR 2024-151 EMERGENCY RENTAL AND MORTGAGE ASSISTANCE PROGRAM TO THE COMMUNITY ECONOMIC DEFENSE PROJECT Attachments: Council Communication Resolution 2024-151 Ord 2648 AN ORDINANCE AMENDING SECTIONS 21-5263, 21-5400, 21-5420, 21-5450 and 21-11200 OF THE LAND DEVELOPMENT CODE PERTAINING TO THE REGULATION OF SHORT-TERM RENTALS Attachments: Council Communication Ordinance 2648 Exhibit A Exhibit B - Redline Version Staff Report Staff Presentation Draft Planning Commission Minutes Commerce City Page 3 Printed on 11/25/2024 City Council Meeting Agenda - Final-revised November 25, 2024 Ord 2650 AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF COMMERCE CITY BY REVISING AMERICAN RESCUE PLAN ACT FUNDING APPROPRIATIONS AND AUTHORIZING THE EXPENDITURE THEREOF Attachments: Council Communication Ordinance 2650 ARPA Appropriation Summary Table Ord 2651 AN ORDINANCE AMENDING THE 2025 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS IN THE AMOUNT OF $409,823 AND THE AUTHORIZATION OF THE EXPENDITURE THEREOF Attachments: Council Communication Ordinance 2651 Award Letter Ord 2652 AN ORDINANCE AMENDING THE 2025 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF AMERICAN RESCUE PLAN ACT CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS IN THE AMOUNT OF $261,250 FOR A CO-RESPONSE PROGRAM IN THE COMMERCE CITY POLICE DEPARTMENT Attachments: Council Communication Ordinance 2652 Grant Agreement Ord 2653 AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 9 OF THE COMMERCE CITY REVISED MUNICIPAL CODE REVISING THE SHORT-TERM RENTAL REGISTRATION PROGRAM IN THE CITY OF COMMERCE CITY Attachments: Council Communication Ordinance 2653 Exhibit A Exhibit B - Redline Changes 7. Public Hearings - 7:30 PM Commerce City Page 4 Printed on 11/25/2024 City Council Meeting Agenda - Final-revised November 25, 2024 Z24-0003 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO BY REZONING THE PROPERTY GENERALLY LOCATED AT 10225 CHAMBERS ROAD FROM AGRICULTURAL DISTRICT (AG) TO MULTI-FAMILY RESIDENTIAL DISTRICT (R-3) Attachments: Council Communication Ordinance Z24-0003 Zone Change Report Vicinity Map Applicant Narrative Overall Site Plan Elevations Building Perspectives Neighborhood Meeting Summary Written Comment Staff Presentation Applicant Presentation Traffic Impact Study Preliminary Drainage Report November Planning Commission Minutes Sign Posting Affidavit Newspaper Affidavit Written Comment November 25, 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 25th. Please contact the City Clerk to request paper copies of materials. 8. Ordinances on 1st Reading - 8:30 PM Commerce City Page 5 Printed on 11/25/2024 City Council Meeting Agenda - Final-revised November 25, 2024 Ord 2622 AN ORDINANCE AMENDING THE COMMERCE CITY REVISED MUNICIPAL CODE CHAPTER 2, ARTICLE III ESTABLISHING THE METROPOLITAN DISTRICT ADVISORY COMMISSION Attachments: Council Communication Ordinance 2622 Presentation Metro Districts Map 9. Resolutions - 9:30 PM Res A RESOLUTION APPROVING AN INTERGOVERNMENTAL 2024-155 AGREEMENT BETWEEN THE CITY OF COMMERCE CITY AND THE COMMERCE CITY HOUSING AUTHORITY Attachments: Council Communication Resolution 2024-155 Intergovernmental Agreement 10. Executive Session - 10:00 PM 24-286 An executive session pursuant to C.R.S. 24-6-402(4)(b) for the purpose of receiving legal advice regarding the approval of an intergovernmental agreement between the City of Commerce City and the Commerce City Housing Authority. 11. Administrative Council Business - 10:30 PM 24-285 Sponsorship Request for Pennock Center's Healing Hearts Fundraiser for $1,000 Attachments: Sponsorship Request Sponsorship Flyer 12. Council Reports - 10:55 PM 13. Adjourn - 11:15 PM 24-283 City Manager Week in Review Report Attachments: November 15, 2024 Report 24-284 City Council Policies Attachments: Council Policies Commerce City Page 6 Printed on 11/25/2024 City Council Meeting Agenda - Final-revised November 25, 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 7 Printed on 11/25/2024

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