Regular City Council Meeting

MINUTES OF THE CENTENNIAL CITY COUNCIL Regular City Council Meeting 7:00 PM Monday, August 19, 2013 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 7:02 PM. 2. Roll Call Those present were: Council Member Dindinger Council Member Gardner Council Member Bosier Council Member McClellan Council Member Weidmann Council Member Moon Council Member Piko Council Member Lucas Mayor Noon Those absent were: None Also present were: John Danielson, City Manager Bob Widner, City Attorney Wayne Reed, Deputy City Manager Elisha Thomas, Assistant City Manager Dave Zelenok Chief Innovation Officer Dawn Priday, Director of Finance Corri Spiegel, Economic Development Manager Allison Wittern, Public Information and Special Events Manager Jeff Brasel, Deputy Director of Community Development Andy Firestine, Deputy Director of Community Development Heather Vidlock, Principal Planner Laura Hoeppner, Government Affairs Liaison Terry McCann, Staff Communications Consultant Eric Eddy, Management Analyst Brenda Madison, City Clerk Barbara Setterlind, Deputy City Clerk 3. Pledge of Allegiance Minutes – Regular City Council Meeting August 19, 2013 Page 2 4. Public Comment; 7:05 PM Robert Sansone, requested Council look at an Ordinance change in the Liquor Code regarding distance requirements. 5. Scheduled Presentations (None) 6. Consideration of Communications, Proclamations and Appointments (None) CONSENT AGENDA Council Member Piko moved approval of CONSENT AGENDA. Council Member Weidmann seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Weidmann, Council Member Moon, Council Member Piko, Council Member Lucas voting AYE, and (None) voting NAY; Absent: 0. THE MOTION Passed. 7. Consideration of Ordinances on First Reading a. ORDINANCE NO. 2013-O-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO DISCONNECTING CERTAIN LAND FROM THE CITY IN ACCORDANCE WITH ARTICLE 2 OF CHAPTER 17 OF THE CENTENNIAL MUNICIPAL CODE, SPECIFICALLY THE REAL PROPERTY LOCATED AT 22311 EAST MAPLEWOOD LANE AND 22331 EAST MAPLEWOOD LANE b. ORDINANCE NO. 2013-O-30 AN ORDINANCE OF THE CITY COUNCIL OF CENTENNIAL COLORADO, APPROVING THE CONVEYANCE OF TRACT F, CHERRYBROOK SUBDIVISION FILING NO. 1, TO THE ARAPAHOE PARK AND RECREATION DISTRICT, SUBJECT TO A RIGHT OF WAY RESERVATION EASEMENT c. ORDINANCE NO. 2013-O-32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO REZONING PROPERTY KNOWN AS LOTS 1- 3, BLOCK 1, LINCOLN EXECUTIVE CENTER FILING NO. 10, FROM MIXED USE PLANNED UNIT DEVELOPMENT (MU- PUD) UNDER THE 2001 LAND DEVELOPMENT CODE TO THE BUSINESS PARK (BP) ZONE DISTRICT UNDER THE 2011 LAND DEVELOPMENT CODE, AND AMENDING THE OFFICIAL ZONING MAP 8. Consideration of Resolutions a. RESOLUTION NO. 2013-R-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO ACCEPTING ANNEXATION PETITIONS, MAKING CERTAIN FINDINGS OF FACT, FINDING SUBSTANTIAL COMPLIANCE FOR SUCH PETITIONS, AND SETTING A PUBLIC HEARING FOR PROPERTY KNOWN AS THE DRY CREEK CORPORATE CENTER ANNEXATION NOS. 1 AND 2 Minutes – Regular City Council Meeting August 19, 2013 Page 3 9. Consideration of Other Items a. Minutes i. Study Session August 12, 2013 ii. Regular Meeting August 12, 2013 DISCUSSION AGENDA 10. Consideration of Land Use Cases (None) 11. Consideration of Ordinances a. Public Hearings i. ORDINANCE NO. 2013-O-27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING A RIGHT-OF-WAY VACATION FOR A PORTION OF E. IDA DRIVE ADJACENT TO LOTS 1 AND 2, PINEY CREEK SUBDIVISION FILING NO. 14, CASE NO. LU-13-00148 Andy Firestine, Deputy Director of Community Development, presented; 7:13 PM Mayor Noon opened the Public Hearing. Darrell Grant, 9251 Grand Ave, Greenwood Village, owner of shopping center thanked staff and stated he supported the right-of-way vacation. Seeing no one else present wishing to speak, the Public Hearing was closed. Council Member Piko moved approval of ORDINANCE NO. 2013-O-27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING A RIGHT- OF-WAY VACATION FOR A PORTION OF E. IDA DRIVE ADJACENT TO LOTS 1 AND 2, PINEY CREEK SUBDIVISION FILING NO. 14, CASE NO. LU-13-00148. Council Member Weidmann seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Weidmann, Council Member Moon, Council Member Piko, Council Member Lucas voting AYE, and (None) voting NAY; Absent: 0. THE MOTION Passed. 12. Consideration of Resolutions a. General i. RESOLUTION NO. 2013-R-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO SUBMITTING A BALLOT QUESTION TO THE ELIGIBLE ELECTORS OF THE CITY AT THE ELECTION TO BE HELD Minutes – Regular City Council Meeting August 19, 2013 Page 4 TUESDAY, NOVEMBER 5, 2013, AUTHORIZING THE CITY TO MAKE REASONABLE USE OF ITS FIBER OPTIC INFRASTRUCTURE IN ORDER TO INCREASE COMPETITION AND ENHANCE SERVICES TO CITY RESIDENTS AND BUSINESSES AND SETTING THE TITLE FOR THE BALLOT QUESTION Eric Eddy, Management Analyst, and Bob Widner, City Attorney, presented; 7:19 PM. Public Comment: Kenneth Granville, 6151 S. Joplin Way, business owner, stated he supported the proposed resolution. David Collins, 6675 S, Kent Street, business owner, stated he supported the proposed resolution. Matthew Larson, 1755 Blake Street, Denver, Attorney representing Comcast, stated he was available as a resource if Council had a question from the telecommunication industry. Bill Soards, 13949 Maplewood Place, representing AT&T, stated his company was concerned with the “indirect” language. David Sered, 13868 Single Leaf Ct., Colorado Springs, with Comcast Government Affairs, stated he was present to answer questions. Patrick Pratt, 2154 E Commons Ave, Denver Metro Chamber of Commerce, stated the Chamber sees both the sides of this issue, and it should be left up to the voters. Jeff Dolan, 940 S Jackson Street, representing Comcast, stated Comcast was committed to the City and stated he hoped the City would amend the ballot language as shown in a letter to Council. Jeff Weist, 1291 High Street, Executive Director of Cable TV Association, stated the City should narrow the scope of the ballot language. Andrea Suhaka, 6864 S. Ulster Circle, stated she supported this proposed ballot issue. John McCormick, 1801 California Street, Denver, representing Century Link, opposed the proposed resolution. Jim Hargis, 8093 S. Oneida Court, stated he supported the proposed resolution. Council Member Piko moved approval of RESOLUTION NO. 2013-R-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO SUBMITTING A BALLOT QUESTION TO THE ELIGIBLE ELECTORS OF THE CITY AT THE ELECTION TO BE HELD TUESDAY, NOVEMBER 5, 2013, AUTHORIZING THE CITY TO MAKE REASONABLE USE OF ITS FIBER OPTIC INFRASTRUCTURE IN ORDER TO INCREASE COMPETITION AND ENHANCE SERVICES TO CITY RESIDENTS AND BUSINESSES AND SETTING THE TITLE FOR THE BALLOT QUESTION. WITH THE BALLOT QUESTION TO READ: SHALL THE Minutes – Regular City Council Meeting August 19, 2013 Page 5 CITY OF CENTENNIAL, WITHOUT INCREASING TAXES, AND TO RESTORE LOCAL AUTHORITY THAT WAS DENIED TO ALL LOCAL GOVERNMENTS BY THE STATE LEGISLATURE, AND TO FOSTER A MORE COMPETITIVE MARKETPLACE, BE AUTHORIZED TO INDIRECTLY PROVIDE HIGH-SPEED INTERNET (ADVANCED SERVICES), TELECOMMUNICATIONS SERVICES, AND/OR CABLE TELEVISION SERVICES TO RESIDENTS, BUSINESSES, SCHOOLS, LIBRARIES, NON-PROFIT ENTITIES AND OTHER USERS OF SUCH SERVICES, THROUGH COMPETITIVE AND NON-EXCLUSIVE PARTNERSHIPS WITH PRIVATE BUSINESSES, AS EXPRESSLY PERMITTED BY ARTICLE 29, TITLE 27 OF THE COLORADO REVISED STATUTES? Council Member Lucas seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Weidmann, Council Member Moon, Council Member Piko, Council Member Lucas voting AYE, and (None) voting NAY; Absent: 0. THE MOTION Passed. The meeting was recessed at 8:50 PM and reconvened at 9:06 PM ii. RESOLUTION NO. 2013-R-58 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL, COLORADO, APPROVING AN OPEN SPACE FUND GRANT FUNDING PARTICIPATION AGREEMENT BETWEEN THE CITY AND SOUTH SUBURBAN PARK AND RECREATION DISTRICT FOR CERTAIN 2013 PROJECTS AND AUTHORIZING THE USE OF OPEN SPACE FUNDS Heather Vidlock, Principal Planner, presented; 9:06 PM Brett Collins, South Suburban Park and Recreation District, was present to answer questions from Council. Council Member Dindinger moved approval of RESOLUTION NO. 2013-R-58 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL, COLORADO, APPROVING AN OPEN SPACE FUND GRANT FUNDING PARTICIPATION AGREEMENT BETWEEN THE CITY AND SOUTH SUBURBAN PARK AND RECREATION DISTRICT FOR CERTAIN 2013 PROJECTS AND AUTHORIZING THE USE OF OPEN SPACE FUNDS (Vidlock) . Council Member Bosier seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Weidmann, Council Member Moon, Council Member Piko, Council Member Lucas voting AYE, and (None) voting NAY; Absent: 0. THE MOTION Passed. iii. RESOLUTION NO. 2013-R-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO RATIFYING THE PLANNING AND ZONING COMMISSION’S APPROVAL OF THE INTERSTATE 25 CORRIDOR SUB-AREA PLAN Minutes – Regular City Council Meeting August 19, 2013 Page 6 Jeff Brasel, Deputy Director of Community Development, and Jeff Winston, consultant, presented; 9:13 PM. Jerry McNally and Brad Calbert, members of the citizen and business committees, were present and made brief statements in support of the plan. Council Member Weidmann moved approval of RESOLUTION NO. 2013-R-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO RATIFYING THE PLANNING AND ZONING COMMISSION’S APPROVAL OF THE INTERSTATE 25 CORRIDOR SUB-AREA PLAN. Council Member Lucas seconded the motion. Mayor Noon moved to Amend RESOLUTION NO. 2013-R-60, PAGE 24 OF THE SUB-AREA PLAN, TO CLARIFY “UNDER THE PLANNING FRAMEWORK” TO APPLY ONLY TO TOD TYPE AREAS. Council Member Weidmann seconded the amendment. With Mayor Noon, Council Member Gardner, Council Member Weidmann, Council Member Moon, Council Member Piko, Council Member Lucas; Council Member Dindinger, Council Member Bosier, Council Member McClellan voting AYE, and None voting NAY; Absent: 0. THE AMENDMENT Passed. With Mayor Noon, Council Member Gardner, Council Member Weidmann, Council Member Moon, Council Member Piko, Council Member Lucas voting AYE, and Council Member Dindinger, Council Member Bosier, Council Member McClellan voting NAY; Absent: 0. THE MOTION AS AMENDED Passed. 13. Consideration of Other Items (None) GENERAL BUSINESS 14. Other Matters as May Come Before Council Mayor Noon requested a review of the distance requirements for the proposed location of Mr. Sansone’s restaurant requested during Public Comment. Consensus was to direct staff to confirm the measurements of the location and to bring back more information regarding a change to the liquor code. Reports were moved to the Study Session Agenda. 15. Reports a. City Manager b. City Attorney c. City Clerk d. Council Members 16. Mayor's Report and Comments 17. Executive Session Minutes – Regular City Council Meeting August 19, 2013 Page 7 18. Adjourn There being no further business to discuss, the Regular Meeting was adjourned at 9:45 PM. Respectfully submitted, ___________________________ Brenda Madison, City Clerk