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Regular City Council Meeting

Regular Meeting

Centennial, CO · June 6, 2011

AgendaPacketMinutes

Minutes

MINUTES OF THE CENTENNIAL CITY COUNCIL Regular City Council Meeting 7:00 PM Monday, June 06, 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 7:41 PM 2. Roll Call Those present were: Mayor Noon Council Member Dindinger Council Member Bosier Council Member McClellan Council Member Anderson Council Member Miller Council Member Weidmann Council Member Moon Those absent were: Council Member Gardner, excused Also present were: Jacque Wedding-Scott, City Manager Bob Widner, City Attorney Kathy Guckenberger, Assistant City Attorney Elisha Thomas, Assistant City Manager Wayne Reed, Director of Community Development Andy Firestine, Senior Planner Dave Zelenok, Director of Public Works Edward Stafford, City Engineer Craig Faessler, City Transportation and Traffic Engineer Dawn Priday, Director of Finance 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. X/City Council Minutes/2011 Council Minutes/2011-06-06 Regular Meeting Minutes - Corrected.doc Minutes – Regular City Council Meeting June 06, 2011 Page 2 4. Public Comment; 7:43 PM Bob Widner, City Attorney, made a brief statement regarding the upcoming Board of Ethics hearing concerning Council Member Bosier. James Black, 3436 E. Euclid Place, Arapahoe Estates Home Owners Association, discussed road repairs in Arapahoe Estates and the removal of election signs in the right-of-way. He stated he opposed the upcoming Board of Ethics hearing concerning Council Member Bosier. Council Member Weidmann recused himself from Public Comment. Debora Hallford, 2793 E. Weaver Avenue, stated she opposed the upcoming Board of Ethics hearing concerning Council Member Bosier. Bonnie Percefull, 7732 S. Steele Street, stated she opposed the upcoming Board of Ethics hearing concerning Council Member Bosier. Judy Koester, 3668 E. Easter Circle South, stated she opposed the upcoming Board of Ethics hearing concerning Council Member Bosier. Kathy Turley, 7821 S. Clayton Way, stated she opposed the upcoming Board of Ethics hearing concerning Council Member Bosier. Marsha Rouse 206 E. Fair Lane, stated she opposed the upcoming Board of Ethics hearing concerning Council Member Bosier. Jim Rouse, 206 E. Fair Lane, stated he opposed the upcoming Board of Ethics hearing concerning Council Member Bosier. Robert Orlowski, 7090 E. Hinsdale Place, stated he opposed the upcoming Board of Ethics hearing concerning Council Member Bosier. Tony Hjelmstad, 5526 E. Hinsdale Circle, stated he opposed the upcoming Board of Ethics hearing concerning Council Member Bosier. Council Member Weidmann returned to the dais. Mr. Hjelmstad continued, stating he opposed the changing of the Verizon tower in his neighborhood. J.M. Fay, P.O. Box 22675, Denver, discussed concerns with the Arapahoe Library District. (Because Ms. Fay was unable to speak, Brenda Madison, City Clerk, read her statements into the record). John Horak 2131 E. Panama Street, stated he opposed the proposed bond question. Lawrence Depenbush [Equipment recording error] X/City Council Minutes/2011 Council Minutes/2011-06-06 Regular Meeting Minutes - Corrected.doc Minutes – Regular City Council Meeting June 06, 2011 Page 3 5. Scheduled Presentations a. Update from Emergency Services Group and Law Enforcement Chief Dan Qualman, Littleton Fire District, gave a brief update. [Equipment recording error.] Grayson Robinson, Arapahoe County Sheriff, gave a brief update. [Equipment recording error.} [Error resolved after approximately 5 minutes.] b. Youth Commission Update Alicia Nikifarava, Youth Commissioner, made a brief report. 6. Consideration of Communications, Proclamations and Appointments (None) CONSENT AGENDA Council Member Moon moved approval of CONSENT AGENDA. Council Member Bosier seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Bosier, Council Member McClellan, Council Member Anderson, 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-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING THE CURRENT LAND DEVELOPMENT CODE TO ADOPT PUBLIC NOTICE PROCEDURES FOR LEGISLATIVE REZONING OF PROPERTY AND TO CLARIFY THE DEFINITION OF SEXUALLY ORIENTED BUSINESSES b. ORDINANCE NO. 2011-O-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING A RIGHT-OF- WAY VACATION FOR A PORTION OF E. ORCHARD ROAD, CASE NO. LU-10-000147 c. ORDINANCE NO. 2011-O-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING A TEXT AMENDMENT TO THE COUNTY LINE QUEBEC RETAIL PARK 4TH AMENDED PRELIMINARY DEVELOPMENT PLAN TO ALLOW 24 HOUR USES ON DESIGNATED LOTS AND AMENDING THE ZONING MAP d. ORDINANCE NO. 2011-O-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING ORDINANCE NO. 2011-O-09 CONCERNING A PROGRAM FOR THE ADMINISTRATIVE ISSUANCE OF TEMPORARY SIGN PERMITS X/City Council Minutes/2011 Council Minutes/2011-06-06 Regular Meeting Minutes - Corrected.doc Minutes – Regular City Council Meeting June 06, 2011 Page 4 e. ORDINANCE NO. 2011-O-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING SECTION 6-3- 10 OF THE CENTENNIAL MUNICIPAL CODE CONCERNING CONTRACTOR LICENSING 8. Consideration of Resolutions a. RESOLUTION NO. 2011-R-48 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL, COLORADO, APPROVING A FIRST AMENDMENT TO THE OPEN SPACE FUND GRANT FUNDING PARTICIPATION AGREEMENT BETWEEN THE CITY AND PARKER JORDAN METROPOLITAN DISTRICT FOR TRAILS AND OPEN SPACE ENHANCEMENTS TO THE 107 ACRE PARCEL OF VACANT LAND CURRENTLY KNOWN AS THE PARKER JORDAN OPEN SPACE AND FOR IMPROVEMENTS TO THE BRONCOS PARKWAY TRAILHEAD AND AUTHORIZING THE USE OF OPEN SPACE FUNDS THEREFOR b. RESOLUTION NO. 2011-R-49 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL, COLORADO, APPROVING A FIRST AMENDMENT TO THE OPEN SPACE FUND GRANT FUNDING PARTICIPATION AGREEMENT BETWEEN THE CITY AND SOUTH SUBURBAN PARK AND RECREATION DISTRICT FOR SOUTH SUBURBAN PARK AND RECREATION DISTRICT 2010 PROJECTS (CENTENNIAL REGIONAL TRAIL LINK, ARAPAHOE PARK IMPROVEMENTS, DEKOEVEND PARK IMPROVEMENTS AND RUSTY SUN AND OTERO TENNIS COURT IMPROVEMENTS) AND AUTHORIZING THE USE OF OPEN SPACE FUNDS THEREFOR c. RESOLUTION NO. 2011-R-51 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL, COLORADO, APPROVING THE AGREEMENT BETWEEN THE CITY OF CENTENNIAL AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND 9. Consideration of Other Items a. Minutes i. Study Session May 16, 2011 ii. Regular Meeting May 16, 2011 X/City Council Minutes/2011 Council Minutes/2011-06-06 Regular Meeting Minutes - Corrected.doc Minutes – Regular City Council Meeting June 06, 2011 Page 5 DISCUSSION AGENDA 10. Consideration of Land Use Cases a. Public Hearings i. RESOLUTION NO. 2011-R-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE CIVIC CENTER PARK FINAL PLAT, CASE NO. LU-11-00129 Edward Stafford, City Engineer, presented; 8:39 PM. Mayor Noon opened the Public Hearing. Seeing no one present wishing to speak, the Public Hearing was closed. Council Member Moon moved approval of RESOLUTION NO. 2011-R-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE CIVIC CENTER PARK FINAL PLAT, CASE NO. LU-11-00129. Council Member Bosier seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Bosier, Council Member McClellan, Council Member Anderson, Council Member Miller, Council Member Weidmann, Council Member Moon voting AYE, and (None) voting NAY; Absent: 1. THE MOTION Passed. 11. Consideration of Ordinances a. Public Hearings i. 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 Wayne Reed, Director of Community Development, Andy Firestine, Senior Planner, and Grayson Robinson, Arapahoe County Sheriff, presented; 8:42 PM. Mayor Noon opened the Public Hearing. Seeing no one present wishing to speak, the Public Hearing was closed. Council Member Moon moved approval of 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 X/City Council Minutes/2011 Council Minutes/2011-06-06 Regular Meeting Minutes - Corrected.doc Minutes – Regular City Council Meeting June 06, 2011 Page 6 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. Council Member Weidmann seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Bosier, Council Member McClellan, Council Member Anderson, Council Member Miller, Council Member Weidmann, Council Member Moon voting AYE, and (None) voting NAY; Absent: 1. THE MOTION Passed. 12. Consideration of Resolutions (None) 13. Consideration of Other Items (None) GENERAL BUSINESS 14. Other Matters as May Come Before Council; 9:57 PM Council Member McClellan asked for the lease agreement from Verizon. Bob Widner, City Attorney, and Jacque Wedding-Scott, answered questions from Council. Mayor Noon asked if there was further discussion needed on sight triangles, a topic that Council had asked for further information. Consensus was to bring sight triangles back for further discussion. 15. Reports a. City Manager; 10:07 PM Jacque Wedding-Scott, City Manager, made a brief report. b. City Attorney (None) c. City Clerk; 10:06 PM Brenda Madison, City Clerk, made a brief report. d. Council Members; 10:03 PM Council Members Weidmann, Miller, and Dindinger made brief reports. 16. Mayor's Report and Comments; 10:05 PM Mayor Noon made a brief report. The Regular Meeting was recessed at 10:10 PM for the Study Session. The meeting reconvened at 11:00 PM. X/City Council Minutes/2011 Council Minutes/2011-06-06 Regular Meeting Minutes - Corrected.doc Minutes – Regular City Council Meeting June 06, 2011 Page 7 17. Executive Session a. Executive Session Pursuant to C.R.S 24-6-402 (4) (e) to Instruct Negotiators Regarding an Intergovernmental Agreement with the City of Lone Tree Council Member Moon moved to go into Executive Session Pursuant to C.R.S 24-6-402 (4) (e) to Instruct Negotiators Regarding an Intergovernmental Agreement with the City of Lone Tree. Council Member Bosier seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Bosier, Council Member McClellan, Council Member Anderson, Council Member Miller, Council Member Weidmann, Council Member Moon voting AYE, and (None) voting NAY; Absent: 1. THE MOTION Passed. b. Executive Session Pursuant to C.R.S. 24-6-402 (4) (b) and (e) for the Centennial Board of Ethics to Obtain Legal Advice and to Determine Negotiation strategy and Instruct Negotiators Regarding a Proposed Plea and a Request to Disqualify Judges Council Member Moon moved to go into Executive Session Pursuant to C.R.S. 24-6-402 (4) (b) and (e) for the Centennial Board of Ethics to Obtain Legal Advice and to Determine Negotiation Strategy and Instruct Negotiators Regarding a Proposed Plea and a Request to Disqualify Judges. Council Member Weidmann seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member McClellan, Council Member Anderson, Council Member Miller, Council Member Weidmann, Council Member Moon voting AYE, and (None) voting NAY; Abstain: 1; Absent: 1. THE MOTION Passed. Council Member Bosier did not attend this Executive Session. Upon reconvening, all Council Members agreed that only the announced topics were discussed in Study Session. 18. Adjourn There being no further business to discuss, the Regular Meeting was adjourned at 12:30 AM. Respectfully submitted, ______________________________________ Brenda Madison, City Clerk X/City Council Minutes/2011 Council Minutes/2011-06-06 Regular Meeting Minutes - Corrected.doc

Agenda

June 06, 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 a. Update from Emergency Services Group and Law Enforcement b. Youth Commission Update (Alicia Nikifarava) 6. Consideration of Communications, Proclamations and Appointments (None) Agenda – Regular City Council Meeting June 06, 2011 Page 2 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-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING THE CURRENT LAND DEVELOPMENT CODE TO ADOPT PUBLIC NOTICE PROCEDURES FOR LEGISLATIVE REZONING OF PROPERTY AND TO CLARIFY THE DEFINITION OF SEXUALLY ORIENTED BUSINESSES (McConnell) (This item is proposed for Public Hearing on June 20, 2011, therefore no public comment will be accepted at tonight’s meeting.) b. ORDINANCE NO. 2011-O-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING A RIGHT-OF-WAY VACATION FOR A PORTION OF E. ORCHARD ROAD, CASE NO. LU-10-000147 (Holcomb) (This item is proposed for Public Hearing on June 20, 2011, therefore no public comment will be accepted at tonight’s meeting.) c. ORDINANCE NO. 2011-O-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING A TEXT AMENDMENT TO THE COUNTY LINE QUEBEC RETAIL PARK 4TH AMENDED PRELIMINARY DEVELOPMENT PLAN TO ALLOW 24 HOUR USES ON DESIGNATED LOTS AND AMENDING THE ZONING MAP (Pesicka) (This item is proposed for Public Hearing on June 20, 2011, therefore no public comment will be accepted at tonight’s meeting.) d. ORDINANCE NO. 2011-O-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING ORDINANCE NO. 2011-O-09 CONCERNING A PROGRAM FOR THE ADMINISTRATIVE ISSUANCE OF TEMPORARY SIGN PERMITS (Pesicka) (This item is proposed for Public Hearing on June 20, 2011, therefore no public comment will be accepted at tonight’s meeting.) e. ORDINANCE NO. 2011-O-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING SECTION 6-3-10 OF THE CENTENNIAL MUNICIPAL CODE CONCERNING CONTRACTOR LICENSING (Brasel) (This item is proposed for Public Hearing on June 20, 2011, therefore no public comment will be accepted at tonight’s meeting.) Agenda – Regular City Council Meeting June 06, 2011 Page 3 8. Consideration of Resolutions a. RESOLUTION NO. 2011-R-48 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL, COLORADO, APPROVING A FIRST AMENDMENT TO THE OPEN SPACE FUND GRANT FUNDING PARTICIPATION AGREEMENT BETWEEN THE CITY AND PARKER JORDAN METROPOLITAN DISTRICT FOR TRAILS AND OPEN SPACE ENHANCEMENTS TO THE 107 ACRE PARCEL OF VACANT LAND CURRENTLY KNOWN AS THE PARKER JORDAN OPEN SPACE AND FOR IMPROVEMENTS TO THE BRONCOS PARKWAY TRAILHEAD AND AUTHORIZING THE USE OF OPEN SPACE FUNDS THEREFOR (Wilson) b. RESOLUTION NO. 2011-R-49 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL, COLORADO, APPROVING A FIRST AMENDMENT TO THE OPEN SPACE FUND GRANT FUNDING PARTICIPATION AGREEMENT BETWEEN THE CITY AND SOUTH SUBURBAN PARK AND RECREATION DISTRICT FOR SOUTH SUBURBAN PARK AND RECREATION DISTRICT 2010 PROJECTS (CENTENNIAL REGIONAL TRAIL LINK, ARAPAHOE PARK IMPROVEMENTS, DEKOEVEND PARK IMPROVEMENTS AND RUSTY SUN AND OTERO TENNIS COURT IMPROVEMENTS) AND AUTHORIZING THE USE OF OPEN SPACE FUNDS THEREFOR (Wilson) c. RESOLUTION NO. 2011-R-51 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL, COLORADO, APPROVING THE AGREEMENT BETWEEN THE CITY OF CENTENNIAL AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND (Wilson) 9. Consideration of Other Items a. Minutes (Madison) i. Study Session May 16, 2011 ii. Regular Meeting May 16, 2011 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. Agenda – Regular City Council Meeting June 06, 2011 Page 4 a. Public Hearings i. RESOLUTION NO. 2011-R-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE CIVIC CENTER PARK FINAL PLAT, CASE NO. LU-11-00129 (Stafford) 11. Consideration of Ordinances a. Public Hearings i. 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) (Previous Action: 1st reading May 16, 2011) 12. Consideration of Resolutions (None) 13. Consideration of Other Items (None) GENERAL BUSINESS 14. Other Matters as May Come Before Council 15. Reports a. City Manager b. City Attorney c. City Clerk d. Council Members 16. Mayor's Report and Comments Agenda – Regular City Council Meeting June 06, 2011 Page 5 17. Executive Session a. Executive Session Pursuant to C.R.S. 24-6-402 (4) (b) and (e) for the Centennial Board of Ethics to Obtain Legal Advice and to Determine Negotiation strategy and Instruct Negotiators Regarding a Proposed Plea and a Request to Disqualify Judges b. Executive Session Pursuant to C.R.S 24-6-402 (4) (e) to Instruct Negotiators Regarding an Intergovernmental Agreement with the City of Lone Tree 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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