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Regular City Council Meeting

Regular Meeting

Centennial, CO · November 18, 2013

AgendaPacketMinutes

Minutes

MINUTES OF THE CENTENNIAL CITY COUNCIL Regular City Council Meeting 7:00 PM Monday, November 18, 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 7:59 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 Elisha Thomas, Assistant City Manager Wayne Reed, Deputy City Manager Andy Firestine, Deputy Director of Community Development Jeanne Shaffer, Planner II Amy Johnson, Planner Dawn Priday, Director of Finance Liz Dunaway, Contract Administrator Corri Spiegel, Economic Development Manager Brenda Madison, City Clerk Barbara Setterlind, Deputy City Clerk 3. Pledge of Allegiance Cub Scout Pack 664, Den 4, led the Pledge of Allegiance. 4. Public Comment David Lewine, 6582 S. Steele Street, discussed a massage parlor in his building. Chief Vince Line, Arapahoe County Sheriff’s Office, responded to questions from Council. Minutes – Regular City Council Meeting November 18, 2013 Page 2 Francisco Nunez, 788 S. Chambers Road, Aurora, discussed working conditions at Time Warner and Great Western Construction. Peter Cooney, 7235 S. Pennsylvania Street, thanked Council Member Dindinger’s service as a Council Member. 5. Scheduled Presentations (None) 6. Consideration of Communications, Proclamations and Appointments a. PROCLAMATION NO. 2013-P-13 A PROCLAMATION OF THE MAYOR OF THE CITY OF CENTENNIAL, COLORADO PROCLAIMING THE MONTH OF NOVEMBER, 2013 AS FINANCIAL LITERACY MONTH b. PROCLAMATION NO. 2013-P-14 A PROCLAMATION OF THE MAYOR OF THE CITY OF CENTENNIAL, COLORADO PROCLAIMING NOVEMBER 2013 AS ENTREPRENEURSHIP PROMOTION MONTH c. PROCLAMATION NO. 2013-P-15 A PROCLAMATION OF THE MAYOR OF THE CITY OF CENTENNIAL, COLORADO PROCLAIMING NOVEMBER 30, 2013 AS SMALL BUSINESS SATURDAY Mayor Noon presented Proclamations No. 2013-P-14 and 2013-P-15 to students from Cherry Creek High School. CONSENT AGENDA Council Member Piko 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 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 (None) 8. Consideration of Resolutions a. RESOLUTION NO. 2013-R-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, APPROVING AND RATIFYING A CITY MANAGER- APPROVED ADMINISTRATIVE POLICY CONCERNING PURCHASING 9. Consideration of Other Items a. Minutes i. Study Session November 4, 2013 ii. Regular Meeting November 4, 2013 Minutes – Regular City Council Meeting November 18, 2013 Page 3 DISCUSSION AGENDA 10. Consideration of Land Use Cases a. Public Hearings i. RESOLUTION NO. 2013-R-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO SETTING FORTH CERTAIN FINDINGS OF FACT AND CONCLUSIONS AS TO THE ANNEXATION OF CERTAIN PROPERTY KNOWN AS THE INDIAN RIDGE ELEMENTARY SCHOOL SITE ANNEXATION ii. ORDINANCE NO. 2013-O-40 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO ANNEXING CERTAIN TERRITORY TO THE CITY KNOWN AS THE INDIAN RIDGE ELEMENTRARY SCHOOL SITE ANNEXATION AND APPROVING AN ANNEXATION AGREEMENT iii. ORDINANCE NO. 2013-O-41 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING INITIAL ZONING OF PROPERTY KNOWN AS THE INDIAN RIDGE ELEMENTARY SCHOOL SITE ANNEXATION FROM ARAPAHOE COUNTY MIXED-USE (MU) TO CITY OF CENTENNIAL EDUCATION, INSTITUTIONAL, AND RECREATION (ED) AND AMENDING THE OFFICIAL ZONING MAP Amy Johnson, Planner presented. Chief Vince Line, Arapahoe County Sheriff’s Office, answered questions from Council. Mayor Noon opened the Public Hearing; seeing no one present wishing to speak, the Public Hearing was closed. Council Member Piko moved approval RESOLUTION NO. 2013-R-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO SETTING FORTH CERTAIN FINDINGS OF FACT AND CONCLUSIONS AS TO THE ANNEXATION OF CERTAIN PROPERTY KNOWN AS THE INDIAN RIDGE ELEMENTARY SCHOOL SITE ANNEXATION. 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. Council Member Piko moved approval ORDINANCE NO. 2013-O-40 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO ANNEXING CERTAIN TERRITORY TO THE CITY KNOWN AS THE INDIAN RIDGE ELEMENTRARY SCHOOL SITE ANNEXATION AND APPROVING AN ANNEXATION AGREEMENT. Council Member Weidmann seconded the motion. Minutes – Regular City Council Meeting November 18, 2013 Page 4 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. Council Member Piko moved approval ORDINANCE NO. 2013-O-41 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING INITIAL ZONING OF PROPERTY KNOWN AS THE INDIAN RIDGE ELEMENTARY SCHOOL SITE ANNEXATION FROM ARAPAHOE COUNTY MIXED-USE (MU) TO CITY OF CENTENNIAL EDUCATION, INSTITUTIONAL, AND RECREATION (ED) AND AMENDING THE OFFICIAL ZONING MAP. 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. iv. ORDINANCE NO. 2013-O-42 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE PEAKVIEW PLACE MASTER DEVELOPMENT PLAN, FIRST AMENDMENT Jeanne Shaffer, Planner II, presented. Martine Eiss, 421 Broadway, Denver, representing the applicant presented. Mr. Moshe Silagi, 101 Hodencamp Road, Thousand Oaks, CA, owner, answered questions from Council. Mayor Noon opened the Public Hearing. Jim Hargis, 8093 S. Oneida Court, discussed traffic impacts with this development and other concerns he had. Nicolas Sanchez, representing Heritage Place Home Owners Association, stated the HOA opposed multi-family units. Benjamin Monk, 6398 S. Poplar Court, stated he opposed this application. Marcella Sanchez, 7210 E. Euclid Drive, stated she opposed this application. Mayor Noon recessed the meeting at 9:41 PM and reconvened at 9:57 PM. Mr. Eliss addressed the traffic concerns by the citizens. Council Member Gardner moved to CONTINUE ORDINANCE NO. 2013-O-42 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE PEAKVIEW PLACE MASTER DEVELOPMENT PLAN, FIRST AMENDMENT UNTIL DECEMBER 9, 2013, AT 7:00 PM IN CITY COUNCIL CHAMBERS. Council Member Dindinger seconded the motion. Minutes – Regular City Council Meeting November 18, 2013 Page 5 With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Moon, Council Member Piko, Council Member Lucas voting AYE, and Council Member Weidmann voting NAY; Absent: 0. THE MOTION Passed. 11. Consideration of Ordinances (None) 12. Consideration of Resolutions a. General i. RESOLUTION NO. 2013-R-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO ADOPTING CERTAIN STORMWATER MASTER PLANS Andy Firestine, Deputy Director of Community Development, presented. Monica Bortolini, SEMSWA, answered questions from Council. Council Member Weidmann moved approval RESOLUTION NO. 2013-R-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO ADOPTING CERTAIN STORMWATER MASTER PLANS. Council Member Piko 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. ii. RESOLUTION NO. 2013-R-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY AND 7101 SOUTH CLINTON LLC (VIEWHOUSE RESTAURANT) Corri Spiegel, Economic Development Manager, presented. Council Member Lucas moved approval RESOLUTION NO. 2013-R-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY AND 7101 SOUTH CLINTON LLC (VIEWHOUSE RESTAURANT). Council Member Weidmann seconded the motion. With Mayor Noon, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Weidmann, Council Member Moon, Council Member Piko, Council Member Lucas voting AYE, and Council Member Dindinger voting NAY; Absent: 0. THE MOTION Passed. 13. Consideration of Other Items (None) Minutes – Regular City Council Meeting November 18, 2013 Page 6 GENERAL BUSINESS 14. Other Matters as May Come Before Council Council Member Gardner requested discussion about the 1% fund credits. Consensus was to have further discussion at an upcoming meeting. Council Member Dindinger requested an update from the Sheriff’s Office regarding a murder investigation. Consensus was to have the Sheriff give an update in December. Council Member Bosier requested the City Council take a look at the Land Development Code. Consensus was not to go forward. 15. Reports a. City Manager (None) b. City Attorney (None) c. City Clerk (None) d. Council Members Council Members Piko, Lucas, Bosier, Gardner and Dindinger gave brief reports. 16. Mayor's Report and Comments Mayor Noon gave a brief report. 17. Executive Session a. Executive Session Pursuant to C.R.S. § 24-6-402(4)(b) and (e) to Devise Negotiation Strategy, Instruct Negotiators and Receive Legal Advice Concerning a Pending Annexation Petition b. Executive Session Pursuant to C.R.S. § 24-6-402(4)(b) and (e) to Instruct Negotiators and Obtain Legal Advice Regarding the City’s Defense of a Sales and Use Tax Protest by a Business Conducting Taxable Activities within the City and the Negotiation and Retention of Specialized Legal Counsel to assist in Such Enforcement, if Necessary. Council Member Piko moved to go into Executive Session Pursuant to C.R.S. § 24-6-402(4)(b) and (e) to Devise Negotiation Strategy, Instruct Negotiators and Receive Legal Advice Concerning a Pending Annexation Petition and Executive Session Pursuant to C.R.S. § 24-6- 402(4)(b) and (e) to Instruct Negotiators and Obtain Legal Advice Regarding the City’s Defense of a Sales and Use Tax Protest by a Business Conducting Taxable Activities within the City and the Negotiation and Retention of Specialized Legal Counsel to assist in Such Enforcement, if Necessary. Council Member Weidmann seconded the motion. Minutes – Regular City Council Meeting November 18, 2013 Page 7 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. 18. Adjourn There being no further business to discuss, the Regular Meeting was adjourned at 11:25 PM. Respectfully submitted, ____________________________ Brenda Madison, City Clerk

Agenda

November 18, 2013 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 (Cub Scout Pack 664, Den 4) 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 general public use, although applicants are permitted to display relevant illustrations and material useful in informing the Council and public of a project. The public may, however, 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. 2013-P-13 A PROCLAMATION OF THE MAYOR OF THE CITY OF CENTENNIAL, COLORADO PROCLAIMING THE MONTH OF NOVEMBER, 2013 AS FINANCIAL LITERACY MONTH Agenda – Regular City Council Meeting November 18, 2013 Page 2 b. PROCLAMATION NO. 2013-P-14 A PROCLAMATION OF THE MAYOR OF THE CITY OF CENTENNIAL, COLORADO PROCLAIMING NOVEMBER 2013 AS ENTREPRENEURSHIP PROMOTION MONTH c. PROCLAMATION NO. 2013-P-15 A PROCLAMATION OF THE MAYOR OF THE CITY OF CENTENNIAL, COLORADO PROCLAIMING NOVEMBER 30, 2013 AS SMALL BUSINESS SATURDAY 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) Approval of any Ordinance on first reading by approving the consent agenda is intended only to set a public hearing for the Ordinance and does not constitute a representation that the City Council, or any member of the City Council, supports, approves, rejects, or denies the merits of the Ordinance. 8. Consideration of Resolutions a. RESOLUTION NO. 2013-R-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, APPROVING AND RATIFYING A CITY MANAGER- APPROVED ADMINISTRATIVE POLICY CONCERNING PURCHASING (Purchasing Policy Review Team: Priday/Dunaway/Widner/Juran) 9. Consideration of Other Items a. Minutes (Madison) i. Study Session November 4, 2013 ii. Regular Meeting November 4, 2013 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 November 18, 2013 Page 3 a. Public Hearings i. RESOLUTION NO. 2013-R-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO SETTING FORTH CERTAIN FINDINGS OF FACT AND CONCLUSIONS AS TO THE ANNEXATION OF CERTAIN PROPERTY KNOWN AS THE INDIAN RIDGE ELEMENTARY SCHOOL SITE ANNEXATION (Johnson) ii. ORDINANCE NO. 2013-O-40 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO ANNEXING CERTAIN TERRITORY TO THE CITY KNOWN AS THE INDIAN RIDGE ELEMENTRARY SCHOOL SITE ANNEXATION AND APPROVING AN ANNEXATION AGREEMENT (Johnson) iii. ORDINANCE NO. 2013-O-41 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING INITIAL ZONING OF PROPERTY KNOWN AS THE INDIAN RIDGE ELEMENTARY SCHOOL SITE ANNEXATION FROM ARAPAHOE COUNTY MIXED-USE (MU) TO CITY OF CENTENNIAL EDUCATION, INSTITUTIONAL, AND RECREATION (ED) AND AMENDING THE OFFICIAL ZONING MAP (Johnson) iv. ORDINANCE NO. 2013-O-42 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE PEAKVIEW PLACE MASTER DEVELOPMENT PLAN, FIRST AMENDMENT (Shaffer) 11. Consideration of Ordinances (None) 12. Consideration of Resolutions a. General i. RESOLUTION NO. 2013-R-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO ADOPTING CERTAIN STORMWATER MASTER PLANS (Firestine) Agenda – Regular City Council Meeting November 18, 2013 Page 4 ii. RESOLUTION NO. 2013-R-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY AND 7101 SOUTH CLINTON LLC (VIEWHOUSE RESTAURANT) (Spiegel) 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 17. Executive Session a. Executive Session Pursuant to C.R.S. § 24-6-402(4)(b) and (e) to Devise Negotiation Strategy, Instruct Negotiators and Receive Legal Advice Concerning a Pending Annexation Petition b. Executive Session Pursuant to C.R.S. § 24-6-402(4)(b) and (e) to Instruct Negotiators and Obtain Legal Advice Regarding the City’s Defense of a Sales and Use Tax Protest by a Business Conducting Taxable Activities within the City and the Negotiation and Retention of Specialized Legal Counsel to assist in Such Enforcement, if Necessary. 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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