City Council

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, December 16, 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_jt3jKwqJSJ-cNFR6 IZZQtg Regular Meeting Times given are estimates only Revised 12/16/2024 @ 3:00 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 16, 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 Teter, to approve the agenda as presented. VOTE: 9 - Aye 4. Public Comment Commerce City Page 1 City Council Meeting Minutes - Final December 16, 2024 24-146 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 16, 2024. Janet Hopkins spoke on Ordinance 2661. Ryan Keefer spoke on Ordinance 2661. Daniel Frank spoke on Ordinance 2661. Marissa Mink spoke on the Thompson Thrift land development at 10225 Chambers Road. Jackie Valdez spoke on the Buffalo Run Golf Course. Keith Rogers spoke on how the city tax money be could be spent. Cindy Wood spoke on Thompson Thrift land development at 10225 Chambers Road. Logan Souder spoke on Ordinance 2647. Lilyan Moore spoke on Ordinance 2647. Filbert Millard-Chacon acknowledged the indigenious people and spoke on how the city tax money could be spent. 5. Noticed Council Business 24-297 Economic Development Community Gatherings A motion was made by Council Member Dukes, seconded by Council Member Ford, to direct City staff to review the City budget and prepare an ordinance appropriating $300,000 specifically for the promotion and organization of community gatherings. The expansion of community events offerings is intended to enhance park activation and create quality social experiences for park users. These gatherings will highlight the positive aspects of Commerce City, particularly during the holiday and summer months. VOTE: 9 - Aye 24-298 Motion for Research on Alternatives to the Current Park Curfew A motion was made by Council Member Dukes, seconded by Council Member Ford, to direct City staff to conduct a review of alternative options regarding the City's current park curfew and present City Council with a comprehensive presentation that outlines the practical impacts of changing the park curfew. VOTE: 9 - Aye 6. Presentations Commerce City Page 2 City Council Meeting Minutes - Final December 16, 2024 Pres 24-640 Snow Operations Plan John Bourjaily, Parks Operations Manager presented the snow operations plan. 7. Consent Agenda Mayor Pro Tem Noble requested Resolutions 2024-108 and 2024-113 be removed from the Consent Agenda. Mayor Douglas requested Resolution 2024-109 be removed from the Consent Agenda. A motion was made by Council Member Kim, seconded by Council Member Millard-Chacon, that this Consent Agenda be adopted as amended 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 Min 24-232 Minutes of the October 28, 2024 Special Meeting Min 24-231 Minutes of the November 25, 2024 Special Meeting Min 24-187 Minutes of the December 2, 2024 Regular Meeting 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 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 Commerce City Page 3 City Council Meeting Minutes - Final December 16, 2024 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 Ord 2654 AN ORDINANCE AMENDING THE 2025 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF LOCAL PLANNING CAPACITY GRANT FUNDING IN THE AMOUNT OF $201,902 FROM THE DIVISION OF LOCAL AFFAIRS FOR A HOUSING PLANNER IN THE COMMUNITY DEVELOPMENT DEPARTMENT Ord 2660 AN ORDINANCE AMENDING DIVISION 2 OF ARTICLE II OF CHAPTER 8 OF THE COMMERCE CITY REVISED MUNICIPAL CODE PERTAINING TO NOTICE OF HEARING REQUIREMENTS Res 2024-009 A RESOLUTION CANCELLING CITY COUNCIL MEETINGS THAT FALL ON OFFICIALLY SCHEDULED CITY HOLIDAYS Res 2024-010 A RESOLUTION DESIGNATING POSTING LOCATIONS FOR ORDINANCES AND PUBLIC MEETINGS Res 2024-108 A RESOLUTION AUTHORIZING AWARD OF A CONTRACT FOR CONSTRUCTION OF E 88th AVENUE - SEGMENT A TO HUDICK EXCAVATING, INC d/b/a HEI CIVIL A motion was made by Mayor Pro Tem Noble, seconded by Council Member Teter, that this Resolution be continued to February 3, 2025 regular meeting. 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 2024-109 A RESOLUTION AWARDING THE CIP PROJECT DESIGN OF CHAMBERS ROAD WIDENING FROM 105TH AVE. TO 116TH AVE. TO MARTIN/MARTIN, INC. A motion was made by Mayor Douglas, seconded by Mayor Pro Tem Noble, to direct staff to schedule this item for discussion on the January 13, 2025 study session and Continue Resolution 2024-109 to the February 3, 2025 regular meeting. VOTE: 3 - Aye, 6 - Nay (Dukes, Kim, Madera, Chacon, Teter, Ford) The motion failed. A motion was made by Council Member Madera, seconded by Council Member Dukes, that this Resolution be adopted. 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 Commerce City Page 4 City Council Meeting Minutes - Final December 16, 2024 Res 2024-110 A RESOLUTION AUTHORIZING AWARD OF A CONTRACT FOR CONSTRUCTION OF THE POTOMAC BRIDGE REPLACEMENT TO JALISCO INTERNATIONAL, INC Res 2024-113 A RESOLUTION APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF COMMERCE CITY, COLORADO AND SOUTH ADAMS COUNTY WATER AND SANITATION DISTRICT ACTING THROUGH ITS SOUTH ADAMS COUNTY WATER AND SANITATION DISTRICT ACTIVITY ENTERPRISE REGARDING INFRASTRUCTURE IMPROVEMENTS A motion was made by Council Member Dukes, seconded by Council Member Madera, that this Resolution be adopted VOTE: Aye: 6- Mayor Douglas, Council Member Madera, Council Member Teter, Council Member Kim, Council Member Dukes and Council Member Ford Nay: 3- Mayor Pro Tem Noble, Council Member Millard-Chacon and Council Member Douglas Res 2024-117 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MASTER SERVICES AGREEMENT WITH LUMIN8 TRANSPORTATION TECHNOLOGIES, LLC. FOR TRAFFIC SIGNAL MAINTENANCE AND REPAIR ACTIVITIES Res 2024-133 A RESOLUTION AUTHORIZING AWARD OF A CONTRACT FOR HOSTED SOFTWARE-AS-A-SERVICE AND RELATED SERVICES TO JAGGAER, LLC Res 2024-153 A RESOLUTION AMENDING THE DIRECTORY OF CITY FEES AND CHARGES PERTAINING TO THE BOARD OF ADJUSTMENT FEE FOR RESIDENTIALLY ZONED PROPERTIES Res 2024-156 A RESOLUTION APPROVING THE CONVEYANCE OF REAL PROPERTY GENERALLY LOCATED AT BOWEN COURT TO ADAMS COUNTY SCHOOL DISTRICT 14, FOR A CHILD CARE AND EDUCATION SITE. Res 2024-163 A RESOLUTION ADOPTING 2025 PERFORMANCE STANDARDS AND APPROVING A SALARY INCREASE FOR CITY ATTORNEY LEE ZARZECKI 8. Resolutions Commerce City Page 5 City Council Meeting Minutes - Final December 16, 2024 Res 2024-164 A RESOLUTION DENYING CASE Z24-0003 AND ADOPTING WRITTEN FINDINGS A motion was made by Council Member Dukes, seconded by Council Member Teter, to allow Council Member Madera to recuse themselves from the vote on Resolution 2024-164. VOTE: 7 - Aye, 1 - Nay (Kim) 1 - Recused (Madera) A motion was made by Council Member Douglas, seconded by Council Member Millard-Chacon, that this Resolution be adopted. The motion failed. VOTE: Aye: 4- Mayor Douglas, Mayor Pro Tem Noble, Council Member Millard-Chacon and Council Member Douglas Nay: 4- Council Member Teter, Council Member Kim, Council Member Dukes and Council Member Ford Recused: 1- Council Member Madera 9. Ordinances on 1st Reading Ord 2623 AN ORDINANCE REPEALING THE EXISTING MORATORIUM ON NEW RETAIL AND MEDICAL MARIJUANA STORE LICENSES IN WARDS I AND II IN THE CITY OF COMMERCE CITY 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: 6- Mayor Douglas, Mayor Pro Tem Noble, Council Member Madera, Council Member Teter, Council Member Ford and Council Member Douglas Nay: 3- Council Member Millard-Chacon, Council Member Kim and Council Member Dukes Ord 2624 AN ORDINANCE AMENDING DIVISION 3 OF ARTICLE II OF CHAPTER 8 OF THE COMMERCE CITY REVISED MUNICIPAL CODE PERTAINING TO MARIJUANA BUSINESSES BY ADDING NEW SECTIONS RELATED TO SECURITY AND STORAGE REQUIREMENTS A motion was made by Council Member Kim, seconded by Council Member Dukes, 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 Commerce City Page 6 City Council Meeting Minutes - Final December 16, 2024 Ord 2625 AN ORDINANCE AMENDING DIVISION 2 OF ARTICLE II OF CHAPTER 8 OF THE COMMERCE CITY REVISED MUNICIPAL CODE PERTAINING TO MARIJUANA BUSINESSES BY ADDING NEW LIMITS ON THE NUMBER OF RECREATIONAL AND MEDICAL RETAIL STORES ALLOWED IN THE CITY A motion was made by Council Member Kim, seconded by Council Member Dukes, 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 2661 AN ORDINANCE REPEALING ORDINANCE NO. 2453 IMPOSING A MORATORIUM UPON THE CITY’S PROCESSING OF APPLICATIONS FOR APPROVAL OF NEW SERVICE PLANS FOR RESIDENTIAL METROPOLITAN DISTRICTS A motion was made by Council Member Dukes, seconded by Council Member Ford, that this Ordinance be introduced by council as seated and approved on first reading. VOTE: Aye: 5- Council Member Madera, Council Member Teter, Council Member Kim, Council Member Dukes and Council Member Ford Nay: 4- Mayor Douglas, Mayor Pro Tem Noble, Council Member Millard-Chacon and Council Member Douglas 10. Ordinances on 2nd 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 Dukes, that this Ordinance be approved on second & final reading. VOTE: Aye: 7- Mayor Douglas, Mayor Pro Tem Noble, Council Member Madera, Council Member Millard-Chacon, Council Member Kim, Council Member Dukes and Council Member Douglas Nay: 2- Council Member Teter and Council Member Ford Commerce City Page 7 City Council Meeting Minutes - Final December 16, 2024 11. Administrative Council Business A motion was made by Mayor Pro Tem Noble, seconded by Mayor Douglas to schedule a meeting with Adams 14 School District on December 23, 2024. VOTE: 3 - Aye, 6 - Nay (K. Douglas, Ford, Dukes, Teter, Madera, Kim) The motion failed. A motion was made by Council Member Madera, seconded by Council Member Teter, directing the City Attorney to review the City of Aurora's three-strike ordinance regarding vehicle registration, valid driver's license and insurance, and how a similar program could be implemented in Commerce City. VOTE: 9 - Aye A motion was made by Council Member Dukes, seconded by Council Member Madera, to have a joint meeting with Adams 14 School District on December 30, 2024. VOTE: 6 - Aye, 3 - Nay (Kim, Teter, Noble) A motion was made by Council Member Dukes, seconded by Council Member Madera, to review the Metro District Model Service Plan in a study session one year after the model service plan has been in place, which would occur when the Metro District Moratorium has been lifted. VOTE: 4 - Aye, 5 - Nay (S. Douglas, Noble, K. Douglas, Teter, Chacon) The motion failed. 24-296 Cancellation of the December 23, 2024 Study Session A motion was made by Council Member Kim, seconded by Council Member Dukes, to cancel the December 23, 2024 study session. VOTE: 8 - Aye, 1 - Nay (Teter) 24-276 2025 Proclamation List A motion was made by Council Member Chacon, seconded by Mayor Pro Tem Noble, to add a Climate Emergency Proclamation to the 2025 Proclamation list. VOTE: 6 - Aye, 3 - Nay (Dukes, Teter, Ford) 12. Council Reports 24-241 Review of Work Schedule 13. Adjourn The meeting adjourned at 10:04 PM. _______________________________ Kim Garland, Deputy City Clerk 24-270 City Manager Week in Review Report 24-247 City Council Policies Commerce City Page 8 City Council Meeting Minutes - Final December 16, 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