City Council

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final City Council Monday, January 6, 2025 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_rkIpTk5HRLWMRg WIBtdV-A Regular Meeting Times given are estimates only Revised 1/6/2025 @ 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 January 6, 2025, 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 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 Mayor Douglas, seconded by Council Member Kim, to amend the agenda to move Ordinance 2661 after Noticed Council Business. VOTE: 9 - Aye 4. Public Comment Commerce City Page 1 City Council Meeting Minutes - Final January 6, 2025 25-003 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, January 6, 2025. Ronna Sanchez spoke on Ordinance 2661 Kendra Berg spoke on Ordinance 2656 Lacrea Dixon spoke on property code enforcement Derene Armelin spoke on gun shots in neighborhoods Gabriela Galindo spoke on Ordinance 2656 Shelby Noble spoke on Ordinance 2661 Carissa Garcia spoke on Ordinance 2656 Janet Hopkins spoke on Ordinance 2661 Robert Toaves spoke on property code enforcement David Polley spoke on his interactions with Mayor Douglas Kristi Pollard spoke on Ordinance 2661 Jackie Valdez spoke on environmental issues in Ward I Keith Rogers spoke on police response to calls and traffic noise in neighborhoods Brenda Berggren spoke on Ordinance 2661 Bob Hannon spoke on proposed car wash in his neighborhood Ryan Keeger spoke on Ordinance 2661 Daniel Frank spoke on Ordinance 2661 Maria Zubia invited Council to community events 5. Proclamations Proc 25-001 Proclamation Declaring February 2025 as Black History Month in Commerce City, Colorado Diversity, Equity & Inclusion Commissioners Dee Dee Gilliam, Joanne Gaines, and Deana Hall were present to read the proclamation. A motion was made by Council Member Kim, seconded by Council Member Millard-Chacon, that this Proclamation be approved. VOTE: Aye: 9- Mayor Douglas, Mayor Pro Tem Noble, Council Member Madera, Council Member Teter, Council Member Chacon, Council Member Kim, Council Member Dukes, Council Member Ford and Council Member Douglas 6. Noticed Council Business Commerce City Page 2 City Council Meeting Minutes - Final January 6, 2025 25-092 Service Plans and Proposed Changes to Ordinance 2549 A motion was made by Mayor Douglas, seconded by Mayor Pro Tem Noble, directing staff to review the supplemental materials provided and to place an agenda item on the February 24th City Council Study Session agenda so Council and City staff can discuss potential revisions to Chapter 13 of the Commerce City Revised Municipal Code and the City’s Model Service Plan. VOTE: 4 - Aye, 5 - Nay (Dukes, Kim, Madera, Teter, Ford) The Motion Failed. 7. Consent Agenda Council Member Chacon requested Ordinance 2656 be removed from the Consent Agenda. Mayor Douglas requested Resolution 2025-001 be removed 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: 9- Mayor Douglas, Mayor Pro Tem Noble, Council Member Madera, Council Member Teter, Council Member Chacon, Council Member Kim, Council Member Dukes, Council Member Ford and Council Member Douglas Min 25-007 Minutes of the December 16, 2024 Regular Meeting 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 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 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 Commerce City Page 3 City Council Meeting Minutes - Final January 6, 2025 Ord 2656 AN ORDINANCE AMENDING SECTIONS 21-5200, 21-5239.5, AND 21-11200 OF THE LAND DEVELOPMENT CODE PERTAINING TO THE REGULATION OF NATURAL MEDICINE HEALING CENTERS AND NATURAL MEDICINE CULTIVATION, MANUFACTURE, AND TESTING FACILITIES A motion was made by Council Member Chacon, seconded by Council Member Kim, to continue Ordinance 2656 to a date uncertain. VOTE: 5 - Aye, 4 - Nay (Dukes, Madera, Teter, Ford) A motion was made by Council Member Chacon, seconded by Council Member Kim, to direct staff to agendize a study session to discuss how Ordinance 2656 relates to environmental justice concerns and community outreach. VOTE: 5 - Aye, 4 - Nay (Dukes, Madera, Teter, Ford) A motion was made by Mayor Douglas, seconded by Council Member Chacon, to reconsider the decision to continue Ordinance 2656. VOTE: 9 - Aye A motion was made by Council Member Ford, seconded by Council Member Teter, 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 Chacon, Council Member Kim, Council Member Dukes, Council Member Ford and Council Member Douglas Ord 2657 AN ORDINANCE AMENDING THE 2025 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO BY THE RECOGNITION OF BYRNE STATE CRISIS INTERVENTION PROGRAM GRANT FUNDS IN THE AMOUNT OF $208,400 FOR A CO-RESPONSE PROGRAM IN THE COMMERCE CITY POLICE 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 Ord 2664 AN ORDINANCE AMENDING THE 2025 BUDGET OF THE CITY OF COMMERCE CITY, COLORADO, BY TRANSFERRING $172,000 OF UNENCUMBERED FUND BALANCE FROM THE GENERAL FUND TO THE CAPITAL EXPENDITURES FUND FOR USE ON CONTRACT MANAGEMENT AND SOURCING SOFTWARE AND AUTHORIZING THE EXPENDITURE THEREOF Res 2025-001 A RESOLUTION AUTHORIZING AWARD OF A CONTRACT FOR BUFFALO RUN DRAINAGE PROJECT TO GREENONE INDUSTRIES, INC. A motion was made by Council Member Dukes, seconded by Council Member Madera, that this Resolution be adopted. VOTE: Commerce City Page 4 City Council Meeting Minutes - Final January 6, 2025 Aye: 9- Mayor Douglas, Mayor Pro Tem Noble, Council Member Madera, Council Member Teter, Council Member Chacon, Council Member Kim, Council Member Dukes, Council Member Ford and Council Member Douglas 8. Public Hearings Res 2025-002 A RESOLUTION DETERMINING THE ELIGIBILITY FOR ANNEXATION TO THE CITY OF COMMERCE CITY, COLORADO OF THE PROPERTY GENERALLY LOCATED AT 8581 ROSEMARY STREET IN CASE AN-255-22-24 KNOWN AS THE CARBAJAL AUTO ANNEXATION Mayor Douglas opened the public hearing. Nathan Chavez, Planner II, 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 Chacon, Council Member Kim, Council Member Dukes, Council Member Ford and Council Member Douglas AN-255-22-24 AN ORDINANCE ANNEXING THE PROPERTY GENERALLY LOCATED AT 8581 ROSEMARY STREET TO THE CITY OF COMMERCE CITY, COLORADO IN CASE AN-255-22-24 KNOWN AS THE CARBAJAL AUTO ANNEXATION Mayor Douglas opened the public hearing. Liz Jones, Raptor Civil Engineering, provided the applicant's presentation to 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 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 Chacon, Council Member Kim, Council Member Dukes, Council Member Ford and Council Member Douglas Commerce City Page 5 City Council Meeting Minutes - Final January 6, 2025 Z-959-19-24 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO BY ZONING THE PROPERTY ANNEXED AS THE CARBAJAL AUTO ANNEXATION FROM ADAMS COUNTY AGRICULTURAL-1 DISTRICT TO REGIONAL COMMERCIAL DISTRICT (C-3) Mayor Douglas opened the public hearing. Liz Jones, Raptor Civil Engineering, referenced the applicant's presentation provided to Council for public hearing on Ordinance AN-255-22-24 and had no additional information to add. 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 Kim, that this Zoning Ordinances 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 Chacon, Council Member Kim, Council Member Dukes, Council Member Ford and Council Member Douglas CUP24-0002 Rogelio & Alicia Muñoz is requesting approval of a Conditional Use Permit for an event center in an existing 1,740 sq. ft. commercial building in a PUD (Planned Unit Development District). The subject property is approximately 0.33 acres and is located at 7390 Highway 2 Mayor Douglas opened the public hearing. Emily Smith, Zaga Design Group, provided the applicant's presentation to Council. Heather Vidlock, Planning Manager, provided the staff presentation to Council. There was no public testimony. Mayor Douglas closed the public hearing. A motion was made by Council Member Kim, seconded by Council Member Douglas, that this Conditional Use Permit be approved. VOTE: Aye: 9- Mayor Douglas, Mayor Pro Tem Noble, Council Member Madera, Council Member Teter, Council Member Chacon, Council Member Kim, Council Member Dukes, Council Member Ford and Council Member Douglas Commerce City Page 6 City Council Meeting Minutes - Final January 6, 2025 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, January 6. Please contact the City Clerk to request paper copies of materials. 9. Resolutions Res 2025-017 A RESOLUTION AUTHORIZING NEGOTIATIONS, PURCHASE, AND THE EXERCISE OF THE CITY’S POWERS OF EMINENT DOMAIN TO ACQUIRE CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR THE 88TH AVENUE WIDENING PROJECT A motion was made by Council Member Kim, 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 Chacon, Council Member Kim, Council Member Dukes, Council Member Ford and Council Member Douglas 10. Ordinances on 2nd Reading - 10:05 PM 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 A motion was made by Council Member Kim, seconded by Council Member Dukes, that this Zoning Ordinances be approved on second & final reading. VOTE: Aye: 5- Mayor Douglas, Council Member Madera, Council Member Teter, Council Member Dukes and Council Member Ford Nay: 4- Mayor Pro Tem Noble, Council Member Chacon, Council Member Kim and Council Member Douglas 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 Dukes, seconded by Council Member Ford, that this Ordinance be approved on second & final reading. VOTE: Commerce City Page 7 City Council Meeting Minutes - Final January 6, 2025 Aye: 8- Mayor Douglas, Mayor Pro Tem Noble, Council Member Madera, Council Member Teter, Council Member Kim, Council Member Dukes, Council Member Ford and Council Member Douglas Nay: 1- Council Member Chacon 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 Mayor Douglas, seconded by Council Member Chacon, to continue Ordinance 2661 second reading to a later date. VOTE: 4 - Aye, 5 - Nay (Dukes, Kim, Madera, Teter, Ford) The motion failed. A motion was made by Council Member Dukes, seconded by Council Member Madera, to close the debate. VOTE: 5 - Aye, 4 - Nay (K. Douglas, Chacon, S. Douglas, Noble) The motion failed. A motion was made by Council Member Madera, seconded by Council Member Dukes, that this Ordinance be approved on second & final 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 Chacon and Council Member Douglas 11. Administrative Council Business A motion was made by Mayor Pro Tem Noble, seconded by Council Member Chacon, to extend the automatic time of adjournment to 11:00 p.m. VOTE: 5 - Aye, 4 - Nay (Dukes, Kim, Madera, Ford) A motion was made by Mayor Douglas, seconded by Mayor Pro Tem Noble, to reconsider the decision on CUP24-0002. VOTE: 1 - Aye (Madera), 8 - Nay. The motion failed. 25-001 Approval of Winter Retreat Dates and Agenda A motion was made by Mayor Douglas, seconded by Mayor Pro Tem Noble, to approve the Winter Retreat agenda topics and schedule the retreat for March 21 and March 22, 2025. VOTE: 9 - Aye A motion was made by Council Member Teter, seconded by Council Member Dukes, to approve Heather Bergman as Facilitator for the Winter Retreat. VOTE: 9 - Aye Commerce City Page 8 City Council Meeting Minutes - Final January 6, 2025 25-091 2025 International Council of Shopping Centers (ICSC) Conference A motion was made by Mayor Pro Tem Noble, seconded by Council Member Chacon, to nominate Mayor Douglas and Council Member Kim to attend the 2025 ICSC Conference May 18-20, with Council Member Teter as an alternate participant. VOTE: 9 - Aye A motion was made by Mayor Pro Tem Noble, seconded by Council Member Kim, to recognize EPA Administrator, KC Becker and the Region 8 EPA team. VOTE: 9 - Aye 12. Council Reports 25-004 Review of Work Schedule 13. Adjourn The meeting adjourned at 10:57 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 25-006 City Manager Week in Review Report 25-005 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 9