Regular City Council Meeting

Name: Regular City Council Meeting — Centennial, CO
Start: 2011-06-20T00:00:00
End: 2011-06-20T02:00:00
Location: Centennial, CO

Regular Meeting

Centennial, CO · June 20, 2011

Agenda Packet Minutes

Minutes

MINUTES OF THE CENTENNIAL CITY COUNCIL Regular City Council Meeting 7:00 PM Monday, June 20, 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 7:30 PM. 2. Roll Call Those present were: Mayor Noon Council Member Dindinger Council Member Gardner Council Member Bosier Council Member McClellan Council Member Anderson Council Member Miller Council Member Weidmann Council Member Moon Those absent were: None Also present were: Jacque Wedding-Scott, City Manager Bob Widner, City Attorney Elisha Thomas, Assistant City Manger Wayne Reed, Director of Community Development Andy Firestine, Senior Planner Mike Pesicka, Senior Planner Derek Holcomb, Planner Dawn Priday, Director of Finance Thomas Bryan, Accounting Manger Heather Ruddy, Management Analyst James Clanton, Senior Management Analyst 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/2011-06-20 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting June 20, 2011 Page 2 4. Public Comment; 7:37 PM Andrea Suhaka, 6864 S. Ulster Circle, discussed needed improvements on South Steele Street. 5. Scheduled Presentations (None) 6. Consideration of Communications, Proclamations and Appointments (None) CONSENT AGENDA Council Member Moon moved approval of CONSENT AGENDA with corrections to the Special Meeting Minutes of June 14, 2011. Weidmann seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member McClellan, Council Member Anderson, Council Member Miller, Council Member Weidmann, Council Member Moon voting AYE, and (None) voting NAY; Council Member Bosier Abstain: 1; Absent: 0. THE MOTION Failed. 7. Consideration of Ordinances on First Reading (None) 8. Consideration of Resolutions (None) 9. Consideration of Other Items a. Minutes i. Study Session June 13, 2011 ii. Regular Meeting June 13, 2011 iii. Special Meeting June 14, 2011 DISCUSSION AGENDA 10. Consideration of Resolutions a. General i. RESOLUTION NO. 2011-R-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO RATIFYING CITY MANAGER APPROVED ADMINISTRATIVE POLICY Council Member Todd Miller, made introductions. Dan Slack, Investment Committee member, made a brief presentation; 7:42 PM. Council Member Weidmann moved approval of RESOLUTION NO. 2011-R-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO RATIFYING CITY MANAGER APPROVED ADMINISTRATIVE POLICY. Council Member Moon seconded the motion. X/City Council Minutes/2011 Council Minutes/2011-06-20 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting June 20, 2011 Page 3 With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Anderson, Council Member Miller, Council Member Weidmann, Council Member Moon voting AYE, and Council Member Bosier, Council Member McClellan voting NAY; Absent: 0. THE MOTION Passed. 11. Consideration of Land Use Cases a. Public Hearings i. 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-10-00147 Derek Holcomb, Planner, presented; 7:50 PM. Mayor Noon opened the Public Hearing. Seeing no one present wishing to speak, the Public Hearing was closed. Council Member Bosier moved approval of 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-10-00147, BASED ON STAFF'S FINDINGS SET FORTH IN THE STAFF REPORT AND CONDITIONS LISTED IN THE ORDINANCE. Council Member Gardner seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Anderson, Council Member Miller, Council Member Moon voting AYE, and Council Member Weidmann voting NAY; Absent: 0. THE MOTION Passed. iii. ORDINANCE 2011-O-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OFCENTENNIAL, 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 Mike Pesicka, Senior Planner, presented; 8:08 PM. Mark Clark, partner in Steak & Shake, made a brief presentation. Mayor Noon opened the Public Hearing. Todd Messinger, 6860 S. Yosemite Court, stated he supported this development. Seeing no one else present wishing to speak, the Public Hearing was closed. X/City Council Minutes/2011 Council Minutes/2011-06-20 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting June 20, 2011 Page 4 Council Member Anderson moved approval of ORDINANCE 2011-O-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OFCENTENNIAL, 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 BASED ON STAFF'S FINDINGS SET FORTH IN THE STAFF REPORT AND CONDITIONS LISTED IN THE ORDINANCE. Council Member McClellan seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, 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: 0. THE MOTION Passed. ii. RESOLUTION NO. 2011-R-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE QUEBEC VILLAGE CENTER 11TH AMENDMENT TO THE FINAL DEVELOPMENT PLAN, CASE NO. LU-10-00091 Council Member Anderson moved approval of RESOLUTION NO. 2011-R-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE QUEBEC VILLAGE CENTER 11TH AMENDMENT TO THE FINAL DEVELOPMENT PLAN, CASE NO. LU-10-00091 BASED ON STAFF FINDINGS SET FORTH IN THE STAFF REPORT. Council Member McClellan seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, 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: 0. THE MOTION Passed. iv. RESOLUTION NO. 2011-R-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE KAISER PERMANENTE MEDICAL OFFICE BUILDING FINAL DEVELOPMENT PLAN – SECOND AMENDMENT, CASE NO. LU-11-00020 Andy Firestine, Senior Planner, presented; 8:32 PM. Stephanie Cooper, MOA Architecture, representing the applicant, made a brief presentation. Scott Sertich, RR Engineers, answered questions from Council. Mayor Noon opened the Public Hearing. Lisa DiSabatino, 6627 S. Forrest Way, Apartment C, asked that the parking lot not be expanded and include more trees. Seeing no one else present wishing to speak, the Public Hearing was closed. X/City Council Minutes/2011 Council Minutes/2011-06-20 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting June 20, 2011 Page 5 Council Member Bosier moved approval of RESOLUTION NO. 2011-R-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE KAISER PERMANENTE MEDICAL OFFICE BUILDING FINAL DEVELOPMENT PLAN – SECOND AMENDMENT, CASE NO. LU-11-00020 SET FORTH BASED ON FINDINGS LISTED IN THE STAFF REPORT AND ON CONDITIONS LISTED IN THE RESOLUTION. Council Member Gardner seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, 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: 0. THE MOTION Passed. 12. Consideration of Ordinances a. Public Hearings i. 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 Wayne Reed, Director of Community Development, presented; 8:57 PM. The Public Hearing was opened. Andrea Suhaka, 6864 S. Ulster Way, stated she supported this Ordinance. Todd Messinger, 6860 S. Yosemite Court, stated he supported this Ordinance. Seeing no one else present wishing to speak, the Public Hearing was closed. Mayor Noon moved approval of 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, AS AMENDED AS FOLLOWS: SECTION 2.C.1, THE SENTENCE BEGINNING, “IN ADDITION, NEWSPAPER PUBLICATION AND MAILED NOTICE TO ADJACENT PROPERTY OWNERS” INSERT THE PHRASE “AND TO KNOWN NEIGHBORHOOD AND BUSINESS ASSOCIATIONS REGISTERED WITH THE CITY CONTIGUOUS TO SAID PARCELS TO BE RESONED” AND SECTION 2.C.2, SENTENCE BEGINNING, “FOR SUCH LARGE SCALE LEGISLATIVE REZONING, NOTICE SHALL BE REQUIRED BY PUBLIATION, IN A NEWSPAPER OF GENERAL CIRCULATION” INSERT THE PHRASE “AND TO KNOWN NEIGHBORHOOD AND BUSINESS ASSOCIATIONS REGISTERED WITH THE CITY CONTIGUOUS TO SAID PARCELS TO BE REZONED”. Council Member Moon seconded the motion. X/City Council Minutes/2011 Council Minutes/2011-06-20 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting June 20, 2011 Page 6 With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member McClellan, Council Member Anderson, Council Member Miller, Council Member Weidmann, Council Member Moon voting AYE, and Council Member Bosier voting NAY; Absent: 0. THE MOTION Passed. ii. 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 Wayne Reed, Director of Community Development, presented. Mayor Noon opened the Public Hearing; 9:24 PM. Todd Messinger, stated he supported this Ordinance. Seeing no one else present wishing to speak, the Public Hearing was closed. Council Member Moon moved approval of 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. Council Member Weidmann seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, 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: 0. THE MOTION Passed. iii. 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 Wayne Reed, Director of Community Development, presented; 9:37 PM. Mayor Noon opened the Public Hearing. Seeing no one present wishing to speak, the Public Hearing was closed. Council Member Dindinger moved approval of 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. Council Member Moon seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, 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: 0. THE MOTION Passed. X/City Council Minutes/2011 Council Minutes/2011-06-20 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting June 20, 2011 Page 7 13. Consideration of Other Items a. Centennial Board of Ethics i. Review and Approval of Letter of Reprimand to Council Member Sue Bosier ii. Review and Approval of Public Censure of Council Member Sue Bosier Board Member Moon moved approval OF LETTER OF REPRIMAND TO COUNCIL MEMBER SUE BOSIER AND PUBLIC CENSURE OF COUNCIL MEMBER SUE BOSIER. Board Member Weidmann seconded the motion. Board Member McClellan moved to amend the Censure to include in paragraph 2 “or near”. The motion died for lack of a second. With Chairman Noon, Board Member Dindinger, Board Member Gardner, Board Member Anderson, Board Member Miller, Board Member Weidmann, Board Member Moon voting AYE, and Board Member McClellan voting NAY; Absent: 0. THE MOTION Passed. GENERAL BUSINESS 14. Other Matters as May Come Before Council; 9:46 PM Council Member McClellan asked to look at amending the sign code and the procedures of Code Compliance. Jacque Wedding-Scott, City Manager, clarified procedures of Code Compliance. Consensus was to continue with the current Code Compliance procedures. Council Member McClellan asked that bullying behaviors stop in Council emails. Council Member Bosier moved TO INSTRUCT STAFF TO CONTINUE NOTIFYING PROPERTY OWNERS OF SIGHT TRIANGLE VIOLATIONS; THE NOTICE SHOULD INFORM THEM THAT THERE IS A POTENTIAL HAZARD CAUSED BY THE VIOLATION; INFORM THE OWNER THAT THE CITY IS DEFERRING THE PROSECUTION OF SIGHT TRIANGLE VIOLATIONS WHILE CITY COUNCIL REVIEWS THE SIGHT TRIANGLE REGULATION IN AUGUST; AND NOTIFY THOSE WHO HAVE CURRENTLY BEEN SIGHTED BY CODE COMPLIANCE THAT THE PROCESS WILL BE SUSPENDED UNTIL AFTER COUNCIL CONSIDERS THIS MATTER. Council Member Moon seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Anderson, Council Member Miller, Council Member Moon voting AYE, and Council Member Weidmann voting NAY; Absent: 0. THE MOTION Passed. Council Member Gardner discussed communication among Council Members. Council Member Miller discussed City Council protocol. X/City Council Minutes/2011 Council Minutes/2011-06-20 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting June 20, 2011 Page 8 15. Reports a. City Manager; 10:25 PM Jacque Wedding-Scott, City Manager, made a brief report. b. City Attorney (None) c. City Clerk (None) d. Council Members; 10:26 PM Council Member Gardner made a brief report. 16. Mayor's Report and Comments; 10:27 PM Mayor Noon made a brief report. 17. Executive Session (None) 18. Adjourn There being no further business to discuss, the Regular Meeting was adjourned at 10:27 P.M. Respectfully submitted, ______________________________________ Brenda Madison, City Clerk X/City Council Minutes/2011 Council Minutes/2011-06-20 Regular Meeting Minutes.doc

Agenda

June 20, 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 (None) Agenda – Regular City Council Meeting June 20, 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 (None) 8. Consideration of Resolutions (None) 9. Consideration of Other Items a. Minutes (Madison) i. Study Session June 13, 2011 ii. Regular Meeting June 13, 2011 iii. Special Meeting June 14, 2011 DISCUSSION AGENDA 10. Consideration of Resolutions a. General i. RESOLUTION NO. 2011-R-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO RATIFYING CITY MANAGER APPROVED ADMINISTRATIVE POLICY (Investment Committee/Priday) 11. 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. 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-10-00147 (Holcomb) Agenda – Regular City Council Meeting June 20, 2011 Page 3 ii. RESOLUTION NO. 2011-R-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE QUEBEC VILLAGE CENTER 11TH AMENDMENT TO THE FINAL DEVELOPMENT PLAN, CASE NO. LU-10-00091 (Pesicka) iii. ORDINANCE 2011-O-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OFCENTENNIAL, 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) iv. RESOLUTION NO. 2011-R-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE KAISER PERMANENTE MEDICAL OFFICE BUILDING FINAL DEVELOPMENT PLAN – SECOND AMENDMENT, CASE NO. LU-11-00020 (Firestine) 12. Consideration of Ordinances a. Public Hearings i. 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 (Reed) ii. 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 (Reed) iii. 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) Agenda – Regular City Council Meeting June 20, 2011 Page 4 13. Consideration of Other Items a. Centennial Board of Ethics (Documents to be distributed at this Council Meeting) i. Review and Approval of Letter of Reprimand to Council Member Sue Bosier (Widner) ii. Review and Approval of Public Censure of Council Member Sue Bosier (Widner) 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 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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