7887 E. 60th Ave.

Commerce City, CO 80022

c3gov.com

Commerce City

Meeting Minutes - Final

City Council

Monday, April 1, 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_er7HFsrVRFu_V

GovubRoRg

Regular Meeting. Revised 4/1/2024 at 4:30 PM.

Times given are estimates only

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 April 1, 2024, at 6:00 PM.

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

Present:

Pledge of Allegiance

The Pledge of Allegiance was recited.

Approval of Agenda

A motion was made by Mayor Pro Tem Noble, seconded by Council Member

Chacon, to amend the agenda by moving the oil and gas monthly update

presentation to April 15, 2024; make Case #PUDA23-0002 as the first public hearing

item; make Resolution 2024-037 as the second public hearing item; make Case

#Z-993-24 as the third public hearing item; and making Case #CUP23-0001 as the

last public hearing item. VOTE: Unanimous, all present affirmed.

Public Comment

24-019

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, April 1, 2024.

There was no public comment.

Proclamations and Recognitions

Proc 24-002

Proc 24-003

Proc 24-025

Proclamation Declaring April 2024 as Sexual Assault Awareness

Month in Commerce City, Colorado

A motion was made by Council Member Ford, seconded by Council Member

Kim, that this Proclamation be approved. VOICE VOTE: Unanimous, all present

affirmed.

Proclamation Declaring April 2024 as Child Abuse Prevention Month

in Commerce City, Colorado

A motion was made by Council Member Millard-Chacon, seconded by Council

Member Douglas, that this Proclamation be approved. VOICE VOTE:

Unanimous, all present affirmed.

Proclamation Declaring April 2024 as Sikh Awareness and

Appreciation Month in Commerce City, Colorado

A motion was made by Council Member Teter, seconded by Council Member

Ford, that this Proclamation be approved. VOICE VOTE: Unanimous, all

present affirmed.

Proc 24-028

Proc 24-029

Proclamation Recognizing United Power's 85th Anniversary

A motion was made by Council Member Teter, seconded by Council Member

Douglas, that this Proclamation be approved. VOICE VOTE: Unanimous, all

present affirmed.

Proclamation Declaring the Week of April 2-8, 2024 as International

Dark Sky Week in Commerce City, Colorado

A motion was made by Council Member Millard-Chacon, seconded by Council

Member Teter, that this Proclamation be approved. VOICE VOTE: Unanimous,

all present affirmed.

Proc 24-030

Proclamation Declaring April 2024 as Autism Awareness and

Acceptance Month in Commerce City, Colorado

A motion was made by Council Member Millard-Chacon, seconded by Council

Member Teter, that this Proclamation be approved. VOICE VOTE: Unanimous,

all present affirmed.

Noticed Council Business

24-088

Audit of emergency rent subsidies expended from ARPA funds in

2023-24

A motion was made by Mayor Pro Tem Noble, seconded by Council Member Ford, to

direct staff to conduct an audit of emergency rent subsidies expended from ARPA

funds in 2023 and 2024 to be conducted by either the City of Commerce City Finance

Department or a third party.

Council Member Dukes offered a friendly amendment to include staff providing policy

recommendations.

VOTE: Unanimous, all present affirmed.

Presentations

Pres 24-099

Oil and Gas Monthly Update

This item was continued to April 15, 2024.

Consent Agenda

A motion was made by Mayor Pro Tem Noble, seconded by Council Member

Teter, to approve the Consent Agenda as presented. ROLL CALL VOTE:

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

Aye:

Min 24-046

Ord 2565

Minutes of the March 18, 2024 Regular Meeting

AN ORDINANCE AMENDING THE 2024 BUDGET OF THE CITY OF

COMMERCE CITY, COLORADO BY THE RECOGNITION OF

AMERICAN RESCUE PLAN ACT CORONAVIRUS STATE AND

LOCAL FISCAL RECOVERY GRANT FUNDS IN THE AMOUNT OF

$20,500 FOR FOOD ASSISTANCE PROGRAMS AND THE

AUTHORIZATION OF THE EXPENDITURE THEREOF.

Public Hearings

PUDA23-0002

AN ORDINANCE APPROVING THE REUNION PUD ZONE

DOCUMENT AMENDMENT NO. 6 TO MODIFY ALLOWED USES,

INCLUDING THE ADDITION OF MARIJUANA USES, CREATE

SETBACK REQUIREMENTS FOR A SINGLE MEDICAL MARIJUANA

CENTER AND RETAIL MARIJUANA STORE, AND INSTITUTE NEW

AND MODIFIED DEVELOPMENT STANDARDS FOR THE

1.48-ACRE LOT LOCATED AT 18494 E. 104TH AVENUE

Mayor Douglas opened the public hearing.

Jennifer Jones, Principal Planner, provided the staff presentation.

Adam Stapen, representing the applicant, provided the applicants presentation.

The following spoke in support of the case:

Amir Affouri

Evan Habluetzel

Matt Fisher

Mike Lampert

Eric Mayka

Ingrid Barnett

Lacey Cundiff

Richard Brown

The following spoke in opposition of the case:

Dianna Houghtaling

Justine Lowe

Meladie Lowe

Tim Jungclaus

JR Ridings

Mayor Douglas closed the public hearing.

A motion was made by Council Member Kim, seconded by Council Member Ford, to

extend the automatic time of adjournment to midnight. VOTE: 8 - Aye, 1 - Nay

(Madera)

A motion was made by Council Member Kim, seconded by Council Member

Madera, that this Zoning Ordinances be introduced by council as seated and

approved on first reading. VOTE:

6 - Council Member Madera, Council Member Teter, Council Member

Millard-Chacon, Council Member Kim, Council Member Dukes and

Council Member Ford

Aye:

3 - Mayor Douglas, Mayor Pro Tem Noble and Council Member Douglas

Nay:

Res 2024-037

A RESOLUTION APPROVING A PERMIT FOR A MAJOR

EXTENSION OF AN EXISTING DOMESTIC WATER SYSTEM

SPECIFICALLY FOR THE INSTALLATION OF A WATER LINE

APPROXIMATELY 1.5 MILES LONG GENERALLY LOCATED

WITHIN E-470 AND EAST 96TH AVENUE RIGHT-OF-WAY

Mayor Douglas opened the public hearing.

A motion was made by Council Member Ford, seconded by Council Member

Kim, that this public hearing be continued to June 3, 2024. VOICE VOTE:

Unanimous, all present affirmed.

Z-993-24

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND

ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO BY

REZONING THE PROPERTY GENERALLY LOCATED AT 8050

ROSEMARY STREET FROM AGRICULTURAL DISTRICT (AG) TO

LIGHT INTENSITY INDUSTRIAL DISTICT (I-1)

Mayor Douglas opened the public hearing.

A motion was made by Council Member Kim, seconded by Council Member Chacon,

to continue this public hearing to June 3, 2024. VOTE: 7 - Aye, 2 - Nay (Madera,

Dukes)

The applicant requested City Council reconsider continuing the hearing so they could

be heard.

A motion was made by Council MEmber Kim, seconded by Council Member Ford, to

rescind the motion and hear the case. VOTE: 8 - Aye, 1 - Nay (Chacon)

Dalton Guerra, city planner, provided the staff presentation.

Tyler Carlson provided the applicant's presentation.

There was no public testimony.

Mayor Douglas closed the public hearing.

A motion was made by Council Member Dukes, seconded by Council Member

Ford, that this Zoning Ordinances be introduced by council as seated and

approved on first reading. VOTE:

7 - Mayor Douglas, Mayor Pro Tem Noble, Council Member Madera, Council

Member Teter, Council Member Kim, Council Member Dukes and Council

Member Ford

Aye:

1 - Council Member Douglas

Nay:

1 - Council Member Millard-Chacon

Abstained:

CUP23-0001

Tom Wood, on behalf of Rocky Mountain Recycling Inc., is requesting

a Conditional Use Permit to allow a Recycling Facility located at 6425

Brighton Boulevard, zoned I-3 (Heavy Intensity Industrial) consisting of

approximately 1.23 acres.

Mayor Douglas opened the public hearing.

A motion was made by Council Member Chacon, seconded by Council Member

Douglas, to continue the public hearing to June 3, 2024. VOTE: 3 - Aye (Chacon, S.

Douglas, K. Douglas), 6 - Nay. Motion failed.

A motion was made by Council Member Madera, seconded by Council Member

Teter, that this Conditional Use Permit be amended to limit operating hours to

be from 7am to 7pm Monday through Friday and 8am to 5pm on Saturday and

Sunday and require the applicant to install additional screening to match

existing screening. VOICE VOTE: Unanimous, all present affirmed.

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, April 1. Please

contact the City Clerk to request paper copies of materials.

Ordinances on 2nd Reading

10.

Z-990-24

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND

ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO BY

REZONING THE PROPERTY GENERALLY LOCATED AT 6601

COLORADO BOULEVARD FROM AGRICULTURAL DISTRICT (AG)

& LIGHT INTENSITY INDUSTRIAL DISTRICT (I-1) TO MEDIUM

INTENSITY INDUSTRIAL DISTRICT (I-2)

A motion was made by Council Member Dukes, seconded by Council Member Teter,

to extend the automatic time of adjournment to 12:45 AM. VOTE: 7 - Aye, 2 - Nay

(Chacon, Kim)

A motion was made by Council Member Ford, seconded by Council Member

Teter, that this Zoning Ordinances be approved on second & final reading.

VOTE:

5 - Mayor Pro Tem Noble, Council Member Teter, Council Member

Millard-Chacon, Council Member Dukes and Council Member Ford

Aye:

3 - Mayor Douglas, Council Member Kim and Council Member Douglas

1 - Council Member Madera

Nay:

Abstained:

Administrative Council Business

11.

A motion was made by Council Member Dukes, seconded by Council Member

Madera, to establish a subcommittee to collaborate, create structure, rules, timelines,

outcomes, and policy focus areas, currently known as the Education Commission;

include board members of the Adams 14 and 27J school districts; and change the

name from Education Commission to be C3 Children's Affairs Partnerships

Commission. Motion withdrawn.

Council Reports

12.

13.

This item was not discussed.

24-057

Review of Work Schedule

Executive Session - 11:00 PM

24-082

An executive session pursuant to C.R.S 24-6-402(4)(e) for the

purpose of determining positions relative to matters subject to

negotiation, developing strategy for negotiations, and instructing

negotiators accordingly, specifically with regard to offers to lease and

purchase City-owned mineral interests.

A motion was made by Council Member Kim, seconded by Council Member

Madera, that this Executive Session be continued to a special meeting on April

8, 2024. VOICE VOTE: Unanimous, all present affirmed. by the following vote:

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

Aye:

Adjourn

14.

A motion was made by Mayor Pro Tem Noble, seconded by Council Member Kim, to

adjourn the meeting. VOTE: Unanimous, all present affirmed.

The meeting adjourned at 12:23 AM on Tuesday, April 2, 2024.

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

24-084

24-085

City Manager Week in Review Report

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.