Regular City Council Meeting

Name: Regular City Council Meeting — Centennial, CO
Start: 2011-05-16T00:00:00
End: 2011-05-16T02:00:00
Location: Centennial, CO

Regular Meeting

Centennial, CO · May 16, 2011

Agenda Packet Minutes

Minutes

MINUTES OF THE CENTENNIAL CITY COUNCIL Regular City Council Meeting 7:00 PM Monday, May 16, 2011 A Regular Meeting of the City Council was held on this date in the City Council Chambers at 13133 E. Arapahoe Road, Centennial, Colorado. A full and timely notice of this meeting had been posted and a quorum was present. 1. Call to Order Mayor Noon called the meeting to order at 7:03 PM. 2. Roll Call Those present were: Mayor Noon Council Member Dindinger Council Member Gardner Council Member Bosier Council Member McClellan Council Member Miller Council Member Weidmann Council Member Moon Those absent were: Council Member Anderson, excused Also present were: Jacque Wedding-Scott, City Manager Bob Widner, City Attorney Elisha Thomas, Assistant City Manager Wayne Reed, Director of Community Development Mike Connor, Deputy Director of Public Works Dave Kotecki, Deputy Director of Public Works Mike Pesicka, Senior Planner Don Wright, Support Services Manager Brenda Madison, City Clerk Barbara Setterlind, Deputy City Clerk 3. Pledge of Allegiance Mayor Noon led the Pledge of Allegiance. 4. Public Comment; 7:06 PM Bob Widner, City Attorney, made a brief update on the upcoming hearing before the Ethics Board regarding actions by Council Member Bosier. X/City Council Minutes/2011 Council Minutes/2011-05-16 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting May 16, 2011 Page 2 Laurie Clapp, 6024 S. Niagara Court, asked for reconsideration of Council’s pursuit of the alleged Ethics violation by Council Member Bosier. Maggie Craig, 5735 E. Long Place, discussed a sight triangle issue for which she was cited by Code Compliance. Maddie Pollard-Cole, 5765 E. Long Place, discussed a code compliance issue that a neighbor had been recently cited by Code Enforcement. Bonnie Purcefull, 7732 S. Steele Street, asked Council not to pursuit of the alleged Ethics violation by Council Member Bosier. 5. Scheduled Presentations (None) 6. Consideration of Communications, Proclamations and Appointments a. PROCLAMATION NO. 2011-P-04 A PROCLAMATION OF THE MAYOR OF THE CITY OF CENTENNIAL, COLORADO PROCLAIMING THE WEEK OF MAY 15 THROUGH 21, 2011 AS NATIONAL PUBLIC WORKS WEEK IN THE CITY OF CENTENNIAL Mayor Noon presented Proclamation No. 2011-P-04 to Dave Kotecki, Deputy Director of Public Works, CH2MHill; 7:26 PM. b. PROCLAMATION NO. 2011-P-05 A PROCLAMATION OF THE MAYOR OF THE CITY OF CENTENNIAL, COLORADO RECOGNIZING THE BRAKE FOR BELA SUMMER SAFE DRIVING AWARENESS CAMPAIGN CONSENT AGENDA Council Member Moon moved approval of CONSENT AGENDA. Council Member Bosier seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Miller, Council Member Weidmann, Council Member Moon voting AYE, and (None) voting NAY; Absent: 1. THE MOTION Passed. 7. Consideration of Ordinances on First Reading a. ORDINANCE NO. 2011 O 13 AN ORDINANCE AMENDING TITLE 6 OF THE CENTENNIAL MUNICIPAL CODE TO ADD A NEW CHAPTER 6 CONCERNING MEDICAL MARIJUANA, PROHIBITION ON BUSINESSES OR OPERATIONS KNOWN AS “MEDICAL MARIJUANA CENTERS,” “MEDICAL MARIJUANA INFUSED PRODUCTS MANUFACTURERS,” AND “MEDICAL MARIJUANA OPTIONAL PREMISES” (CULTIVATION OR GROWING OPERATIONS), AND REGULATING THE MANNER IN WHICH MEDICAL MARIJUANA IS CULTIVATED, PRODUCED, X/City Council Minutes/2011 Council Minutes/2011-05-16 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting May 16, 2011 Page 3 POSSESSED OR PROCESSED WITHIN A PRIMARY RESIDENCE BY A PATIENT OR A PRIMARY CARE-GIVER. 8. Consideration of Resolutions a. RESOLUTION NO. 2011-R-45 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL RE-APPOINTING TWO REGULAR MEMBERS AND ONE ALTERNATE MEMBER TO THE PLANNING AND ZONING COMMISSION AND DISSOLVING THE APPOINTMENT COMMITTEE b. RESOLUTION NO. 2011-R-47 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL, COLORADO RE-APPOINTING TWO REGULAR MEMBERS AND APPOINTING ONE ALTERNATE MEMBER TO THE BOARD OF REVIEW AND DISSOLVING THE APPOINTMENT COMMITTEE 9. Consideration of Other Items a. Minutes i. Study Session May 9, 2011 ii. Regular Meeting May 9, 2011 DISCUSSION AGENDA 10. Consideration of Land Use Cases a. Public Hearings i. RESOLUTION NO. 2011-R-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE FIRSTBANK AT ARAPAHOE & YOSEMITE FINAL DEVELOPMENT PLAN FIFTH AMENDMENT, CASE NO. LU-10-00121 Mike Pesicka, Senior Planner, presented; 7:30 PM. Jeff Pelaez, Mitchell Plus Associates, representing the applicant, made a brief presentation. Mayor Noon opened the Public Hearing. Seeing no one wishing to speak, the public hearing was closed. Council Member McClellan moved approval of RESOLUTION NO. 2011-R-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE FIRSTBANK AT ARAPAHOE & YOSEMITE FINAL DEVELOPMENT PLAN FIFTH AMENDMENT, CASE NO. LU-10-00121 BASED ON STAFF’S FINDINGS ON PAGE 2 OF THE STAFF REPORT. Council Member Bosier seconded the motion. X/City Council Minutes/2011 Council Minutes/2011-05-16 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting May 16, 2011 Page 4 With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Miller, Council Member Weidmann, Council Member Moon voting AYE, and (None) voting NAY; Absent: 1. THE MOTION Failed. 11. Consideration of Ordinances 12. Consideration of Resolutions a. General i. RESOLUTION NO. 2011-R-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CENTENNIAL AND COLORADO DEPARTMENT OF TRANSPORTATION FOR INTELLIGENT TRANSPORTATION SYSTEM UPGRADES ALONG ARAPAHOE ROAD Mike Connor, Deputy Director of Public Works, presented; 7:41 PM. Council Member Moon moved approval of RESOLUTION NO. 2011-R-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CENTENNIAL AND COLORADO DEPARTMENT OF TRANSPORTATION FOR INTELLIGENT TRANSPORTATION SYSTEM UPGRADES ALONG ARAPAHOE ROAD. Council Member Weidmann seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Miller, Council Member Weidmann, Council Member Moon voting AYE, and (None) voting NAY; Absent: 1. THE MOTION Passed. b. Public Hearings i. RESOLUTION NO. 2011-R-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, AMENDING THE 2011 BUDGET AND APPROVING A SUPPLEMENTAL APPROPRIATION FOR THE CAPITAL IMPROVEMENT FUND Mike Connor, Deputy Director of Public Works, presented; 7:45 PM. Mayor Noon opened the Public Hearing. Seeing no one present wishing to speak, the Public Hearing was closed. X/City Council Minutes/2011 Council Minutes/2011-05-16 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting May 16, 2011 Page 5 Council Member Moon moved approval of RESOLUTION NO. 2011-R-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, AMENDING THE 2011 BUDGET AND APPROVING A SUPPLEMENTAL APPROPRIATION FOR THE CAPITAL IMPROVEMENT FUND. Council Member Weidmann seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Miller, Council Member Weidmann, Council Member Moon voting AYE, and (None) voting NAY; Absent: 1. THE MOTION Passed. 13. Consideration of Other Items (None) GENERAL BUSINESS 14. Other Matters as May Come Before Council; 7:51 PM l Council Member McClellan asked if Council was interested in looking at the sight triangle issue brought up during Public Comment. Wayne Reed, Director of Community Development, discussed the current regulation. Consensus was to have staff bring back additional information before moving forward. 15. Reports a. City Manager; 7:04 PM Jacque Wedding-Scott, City Manager, made a brief report. Wayne Reed, Director of Community Development, presented Community Development's Annual Report. b. City Attorney; 8:03 PM Bob Wider, City Attorney, made a brief report. c. City Clerk (None) d. Council Members; 8:16 PM Council Members Bosier, Gardner, Moon, McClellan, Miller, and Weidmann made brief reports. 16. Mayor's Report and Comments: 8:19 PM Mayor Noon made a brief report. 17. Executive Session There was no Executive Session. X/City Council Minutes/2011 Council Minutes/2011-05-16 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting May 16, 2011 Page 6 18. Adjourn There being no further business to discuss, the Regular Meeting was adjourned at 8:25 PM. Respectfully submitted, ______________________________________ Brenda Madison, City Clerk X/City Council Minutes/2011 Council Minutes/2011-05-16 Regular Meeting Minutes.doc

Agenda

May 16, 2011 Regular City Council Meeting, 7:00 PM City Council Chambers 13133 E. Arapahoe Road Centennial, Colorado 80112 www.centennialcolorado.com AGENDA Meeting Protocols: PLEASE TURN OFF CELL PHONES; BE RESPECTFUL AND TAKE PERSONAL CONVERSATIONS INTO THE LOBBY AREA. The Centennial City Council Meetings are audio streamed live on the City’s Web site. Please remember to mute the volume on your laptop computers and to turn off all cell phones as they may cause interference with the microphones and audio streaming. 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Public Comment The Public Comment section offers an opportunity for any citizen to express opinions or ask questions regarding City services, policies or other matters of community concern, and any agenda items that are not a part of a scheduled public hearing. Citizens will have three minutes for comments if they are speaking as an individual, or five minutes if speaking on behalf of a group or organization. These time limits were established to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. An immediate response should not be expected, as issues are typically referred to City staff for follow-up or research and are then reported back to Council and the individual who initiated the comment or inquiry. Written materials for presentation to Council may be submitted to the City Clerk as the speaker approaches the podium. The City's computer presentation equipment is not available for public use; however, the public may use the document camera for visual presentation of materials, if desired. 5. Scheduled Presentations (None) 6. Consideration of Communications, Proclamations and Appointments a. PROCLAMATION NO. 2011-P-04 A PROCLAMATION OF THE MAYOR OF THE CITY OF CENTENNIAL, COLORADO PROCLAIMING THE WEEK OF MAY 15 THROUGH 21, 2011 AS NATIONAL PUBLIC WORKS WEEK IN THE CITY OF CENTENNIAL (Noon) Agenda – Regular City Council Meeting May 16, 2011 Page 2 b. PROCLAMATION NO. 2011-P-05 A PROCLAMATION OF THE MAYOR OF THE CITY OF CENTENNIAL, COLORADO RECOGNIZING THE BRAKE FOR BELA SUMMER SAFE DRIVING AWARENESS CAMPAIGN (Noon) CONSENT AGENDA The Consent Agenda can be adopted by a simple motion. The Consent Agenda will be read aloud prior to a vote on the motion. Any Consent Agenda item may be removed from the Consent Agenda at the request of a Council Member for individual consideration. 7. Consideration of Ordinances on First Reading a. ORDINANCE NO. 2011 O 13 AN ORDINANCE AMENDING TITLE 6 OF THE CENTENNIAL MUNICIPAL CODE TO ADD A NEW CHAPTER 6 CONCERNING MEDICAL MARIJUANA, PROHIBITION ON BUSINESSES OR OPERATIONS KNOWN AS “MEDICAL MARIJUANA CENTERS,” “MEDICAL MARIJUANA INFUSED PRODUCTS MANUFACTURERS,” AND “MEDICAL MARIJUANA OPTIONAL PREMISES” (CULTIVATION OR GROWING OPERATIONS), AND REGULATING THE MANNER IN WHICH MEDICAL MARIJUANA IS CULTIVATED, PRODUCED, POSSESSED OR PROCESSED WITHIN A PRIMARY RESIDENCE BY A PATIENT OR A PRIMARY CARE-GIVER (Reed) (This item is proposed for Public Hearing on June 6, 2011, therefore no public comment will be accepted at tonight’s meeting. Previous Action – Study Session, April 11, 2011) 8. Consideration of Resolutions a. RESOLUTION NO. 2011-R-45 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL RE-APPOINTING TWO REGULAR MEMBERS AND ONE ALTERNATE MEMBER TO THE PLANNING AND ZONING COMMISSION AND DISSOLVING THE APPOINTMENT COMMITTEE (Madison) b. RESOLUTION NO. 2011-R-47 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL, COLORADO RE- APPOINTING TWO REGULAR MEMBERS AND APPOINTING ONE ALTERNATE MEMBER TO THE BOARD OF REVIEW AND DISSOLVING THE APPOINTMENT COMMITTEE (Madison) 9. Consideration of Other Items a. Minutes (Setterlind) i. Study Session May 9, 2011 ii. Regular Meeting May 9, 2011 Agenda – Regular City Council Meeting May 16, 2011 Page 3 DISCUSSION AGENDA 10. Consideration of Land Use Cases Given the quasi-judicial nature of land use cases, applicants, members of the public and press are advised that, to ensure a fair and unbiased process, and to provide due process to the applicant and the public, the City Council is only allowed to consider communications that occur during the public hearing and matters set forth in the official record for the matter. Consequently, City Council Members cannot engage in conversations about any land use applications prior to the formal hearing. a. Public Hearings i. RESOLUTION NO. 2011-R-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE FIRSTBANK AT ARAPAHOE & YOSEMITE FINAL DEVELOPMENT PLAN FIFTH AMENDMENT, CASE NO. LU-10-00121 (Pesicka) (Previous Action – Planning and Zoning Commission Meeting, April 27, 2011) 11. Consideration of Ordinances (None) 12. Consideration of Resolutions a. General i. RESOLUTION NO. 2011-R-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CENTENNIAL AND COLORADO DEPARTMENT OF TRANSPORTATION FOR INTELLIGENT TRANSPORTATION SYSTEM UPGRADES ALONG ARAPAHOE ROAD (Connor) b. Public Hearings i. RESOLUTION NO. 2011-R-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, AMENDING THE 2011 BUDGET AND APPROVING A SUPPLEMENTAL APPROPRIATION FOR THE CAPITAL IMPROVEMENT FUND (Connor) 13. Consideration of Other Items GENERAL BUSINESS 14. Other Matters as May Come Before Council Agenda – Regular City Council Meeting May 16, 2011 Page 4 15. Reports a. City Manager b. City Attorney c. City Clerk d. Council Members 16. Mayor's Report and Comments 17. Executive Session (None) 18. Adjourn Please call 303-754-3302 at least 48 hours prior to the meeting if you believe you will need special assistance or any reasonable accommodation in order to be in attendance at or participate in any such meeting, or for any additional information.

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