City Council

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, December 2, 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_hf1MjLAJTTicaEgi cT6d1w Regular Meeting Times given are estimates only Revised 12/2/2024 @ 1:00 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 December 2, 2024, at 6:00 PM. A motion was made by Council Member Ford, seconded by Council Member Teter, to excuse those members not present. VOTE: 6 - Aye, 1 - Nay (Kim), 2 - Excused (Noble, Madera) 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 Dukes, seconded by Council Member Teter, to remove the oil and gas update from the agenda. VOTE: 3 - Aye, 4 - Nay (K. Douglas, Kim, Chacon, S. Douglas). Motion failed. 4. Public Comment Commerce City Page 1 City Council Meeting Minutes - Final December 2, 2024 24-145 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, December 2, 2024. Jackie Valdez spoke on commercial trucks driving on roads and reconsideration of the renovation of the Buffalo Run Clubhouse. Keith Rogers spoke on the need to take action for speeding vehicles on roads. Jeremiah James spoke on the reconsideration of the renovation of the Buffalo Run Clubhouse. Robert Anema spoke on the reconsideration of the renovation of the Buffalo Run Clubhouse. Scott VanHeusen spoke on a fatal accident involving a motorcycle and commercial truck and commercial trucks driving on roads, and reconsideration of the renovation of the Buffalo Run Clubhouse. Rene Bullock spoke invited Council to the Chamber of Commerce Christmas party and reconsideration of the renovation of the Buffalo Run Clubhouse. 5. Presentations Pres 24-607 Oil and Gas Monthly Update Olivia Quagliani, Sustainability Associate, presented the oil and gas monthly update. 6. Consent Agenda Mayor Douglas requested to remove Resolution 2024-116 and Resolution 2024-154 from the consent agenda. A motion was made by Council Member Kim, seconded by Council Member Millard-Chacon, to approve the Consent Agenda as amended. ROLL CALL VOTE: Aye: 7- Mayor Douglas, Council Member Teter, Council Member Millard-Chacon, Council Member Kim, Council Member Dukes, Council Member Ford and Council Member Douglas Excused: 2- Mayor Pro Tem Noble and Council Member Madera Commerce City Page 2 City Council Meeting Minutes - Final December 2, 2024 Min 24-221 Minutes of the November 4, 2024 Regular Meeting Min 24-215 Minutes of the November 18, 2024 Regular Meeting Res 2024-106 A RESOLUTION AUTHORIZING AWARD OF A CONTRACT FOR CITYWIDE WIRING UPGRADES TO PIPER COMMUNICATION SERVICES, INC. Res 2024-111 A RESOLUTION AWARDING THE 2024 ASPHALT CRACK REPAIR - PHASE 2 PROJECT TO WESTERN PLAINS CONSTRUCTION, LLC. Res 2024-116 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONTRACT WITH DAVID EVANS AND ASSOCIATES, INC. FOR THE CONSTRUCTION INSPECTION FOR THE E. 96TH AVENUE WIDENING FROM CHAMBERS ROAD TO TOWER ROAD CONSTRUCTION PROJECT Council Member Madera joined the meeting at 6:35 pm. A motion was made by Council Member Kim, seconded by Council Member Madera, 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 Excused: 1- Mayor Pro Tem Noble Res 2024-139 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF THE ANNEXATION PETITION IN CASE AN-255-22-24 KNOWN AS THE CARBAJAL AUTO ANNEXATION AND SETTING A PUBLIC HEARING TO DETERMINE ELIGIBILITY FOR SUCH ANNEXATION Res 2024-144 RESOLUTION APPROVING A THIRD AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF COMMERCE CITY AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT REGARDING FINAL DESIGN, RIGHT-OF-WAY ACQUISITION, AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR IRONDALE GULCH AT HIGHWAY 2 Commerce City Page 3 City Council Meeting Minutes - Final December 2, 2024 Res 2024-154 A RESOLUTION AUTHORIZING AWARD OF THE SERVICE AGREEMENT FOR EMERGENCY BACKUP GENERATORS FOR THE EAGLE POINTE AND BISON RIDGE RECREATION WARMING CENTERS WITH COMPUTER SITES, INC. Mayor Pro Tem Noble joined the meeting at 6:39 pm. A motion was made by Council Member Kim, seconded by Council Member Teter, 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 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 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 7. Public Hearings Res 2024-120 A RESOLUTION AUTHORIZING THE SUBMISSION OF THE EVALUATION REPORT (CAPER) FOR THE 2023 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR Mayor Douglas opened the public hearing. George Lewis, CDBG Coordinator, provided the staff presentation to Council. There was no public testimony on the matter. Mayor Douglas closed the public hearing. A motion was made by Council Member Dukes, seconded by Council Member Teter, 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 December 2, 2024 Z-792-05-24 AN ORDINANCE APPROVING THE ONE BUCKLEY PUD ZONE DOCUMENT AMENDMENT TO CREATE NEW PLANNING AREAS, ALLOW ADDITIONAL COMMERCIAL LAND USES, ALLOW RESIDENTIAL LAND USES, AND ESTABLISH BULK AND DESIGN STANDARDS FOR THE PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF EAST 120TH AVENUE AND BUCKLEY ROAD This public hearing was continued from October 7, 2024. Presentations and public comment were heard at the October 7, 2024 public hearing. A motion was made by Council Member Dukes, seconded by Council Member Ford, to introduce Ordinance Z-792-05-24 with the following conditions: 1. At least 30% of Planning Area C must be developed with commercial land uses; 2. No building permit for stand-alone residential construction can be issued until at least three building permits for new commercial structures have been issued and construction has commenced including but not limited to horizontal site improvements and completion of foundations; 3. There shall be at least 15% private park/open space within Planning Area B; and 4. Prior to recordation of the PUD, the PUD document shall be updated with an infrastructure phasing plan detailing the short term and long term horizon roadway improvement recommendations as outlined in the approved traffic report. The infrastructure phasing plan shall include enforceable timing thresholds that describes the improvements and when those improvements are to constructed. VOTE: Aye: 6- Mayor Pro Tem Noble, Council Member Madera, 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 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, December 2, 2024. Please contact the City Clerk to request paper copies of materials. Commerce City Page 5 City Council Meeting Minutes - Final December 2, 2024 8. Administrative Council Business A motion was made by Council Member Kim, seconded by Council Member Teter directing the City Manager to bring an ordinance to repeal the Metro District moratorium and bring the matter back to Council at the December 16, 2024 meeting. VOTE: 5 - Aye, 4 - Nay (K. Douglas, Chacon, Noble, S. Douglas) A motion was made by Council Member Teter, seconded by Council Member Ford to provide Council access to the language line. VOTE: 9 - Aye A motion was made by Council Member Ford, seconded by Council Member Kim directing the City Manager provide Council a comprehensive report of staff efforts to alleviate the traffic issues on 68th Street and Albion Street. VOTE: 9 - Aye A motion was made by Council Member Teter, seconded by Council Member Kim directing the City Manager to research the feasibility and financial impact associated with the prohibition on Jake brakes in the City and placing signage in the City clarifying that there is a prohibition. VOTE: 9 - Aye A motion was made by Council Member Dukes, seconded by Council Member Kim directing the City Manager to provide a financial report of the financial investments made in the south part of the City. VOTE: 6 - Aye, 3 - Nay (K. Douglas, Chacon, S. Douglas) 24-288 Motion to Reconsider the 11/18/2024 Approval of Buffalo Run Clubhouse Project A motion was made by Council Member Dukes, seconded by Council Member Ford, to reconsider the November 18, 2024 approval of the Buffalo Run Clubhouse Project. VOTE: 4 - Aye, 5 - Nay (Madera, Teter, Kim, Dukes, Ford). Motion failed. 9. 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. 24-240 Review of Work Schedule 10. Executive Session 24-224 An executive session of the City Council pursuant to C.R.S. section 24-6-402(4)(f)(I) for the discussion of personnel matters, specifically to conduct the annual performance review of the City Attorney A motion was made by Council Member Teter, seconded by Council Member Chacon, to enter into executive session pursuant to C.R.S. section 24-6-402(4)(f) (I) for the discussion of personnel matters, specifically to conduct the annual performance review of the City Attorney. VOTE: Commerce City Page 6 City Council Meeting Minutes - Final December 2, 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 11. Adjourn The meeting adjourned at 10:28 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 24-246 City Council Policies 24-251 City Manager Week in Review Report 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