Regular City Council Meeting

Name: Regular City Council Meeting — Centennial, CO
Start: 2014-04-14T00:00:00
End: 2014-04-14T02:00:00
Location: Centennial, CO

Regular Meeting

Centennial, CO · April 14, 2014

Agenda Packet Minutes

Minutes

MINUTES OF THE CENTENNIAL CITY COUNCIL Regular City Council Meeting 7:00 PM Monday, April 14, 2014 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 7:45 PM. 2. Roll Call Those present were: Mayor Noon Council Member Gardner Council Member Moon Council Member Piko Council Member Lucas Council Member Turley Council Member Truhlar Council Member Gotto Council Member Whelan 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 Sheri Chadwick, Director of Communications Eric Eddy, Senior Management Analyst Andy Firestine, Deputy Director of Community Development Jeff Brasel, Deputy Director of Community Development Derek Holcomb, Senior Planner Jeanne Shaffer, Planner II Amy Johnson, Planner Kimber Liss, Court Administrator Barbara Setterlind, Deputy City Clerk 3. Pledge of Allegiance Mayor Noon led the Pledge of Allegiance. 4. Public Comment (None) 5. Scheduled Presentations (None) 6. Consideration of Communications, Proclamations and Appointments (None) Minutes – Regular City Council Meeting April 14, 2014 Page 2 CONSENT AGENDA Council Member Lucas moved approval of CONSENT AGENDA. Council Member Gotto seconded the motion. With Mayor Noon, Council Member Gardner, Council Member Moon, Council Member Piko, Council Member Lucas, Council Member Turley, Council Member Truhlar, Council Member Gotto, Council Member Whelan voting AYE, and (None) voting NAY; Absent: 0. THE MOTION Passed. 7. Consideration of Ordinances on First Reading a. ORDINANCE NO. 2014-O-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO REZONING CERTAIN PROPERTY LOCATED IN THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 67 WEST FROM MIXED-USE PLANNED UNIT DEVELOPMENT (M-U PUD) AND FLOODPLAIN (F) UNDER THE 2001 LAND DEVELOPMENT CODE TO GENERAL COMMERCIAL (CG) UNDER THE 2011 LAND DEVELOPMENT CODE, AND AMENDING THE OFFICIAL ZONING MAP 8. Consideration of Resolutions a. RESOLUTION NO. 2014-R-18 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 ARAPAHOE PARK AND RECREATION DISTRICT FOR CERTAIN 2014 PROJECTS AND AUTHORIZING THE USE OF OPEN SPACE FUNDS b. RESOLUTION NO. 2014-R-17 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 2014 PROJECTS AND AUTHORIZING THE USE OF OPEN SPACE FUNDS c. RESOLUTION NO. 2014-R-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR PARKS, TRAILS AND OPEN SPACE MAINTENANCE WITH ARAPAHOE PARK AND RECREATION DISTRICT d. RESOLUTION NO. 2014-R-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, SUPPORTING AND APPROVING SUBMITTAL OF A REQUEST TO ARAPAHOE COUNTY FOR FUNDING THROUGH THE CHERRY CREEK BASIN WORKING GROUP FOR THE ENGINEERING DESIGN OF LONE TREE CREEK REGIONAL TRAIL FROM BRONCOS PARKWAY TO CHERRY CREEK STATE PARK Minutes – Regular City Council Meeting April 14, 2014 Page 3 9. Consideration of Other Items a. Minutes i. Study Session March 17, 2014 ii. Regular Meeting March 17, 2014 DISCUSSION AGENDA 10. Consideration of Land Use Cases a. Public Hearings i. RESOLUTION NO. 2014-R-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE GO TOYOTA FINAL DEVELOPMENT PLAN – 4TH AMENDMENT CASE NO. LU-13-00245 Amy Johnson, Planner, presented; 7:49 PM. Mayor Noon opened the Public Hearing, seeing no one present wishing to speak, the Public Hearing was closed. Council Member Gotto moved approval of RESOLUTION NO. 2014-R-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE GO TOYOTA FINAL DEVELOPMENT PLAN – 4TH AMENDMENT CASE NO. LU-13-00245. Council Member Lucas seconded the motion. With Mayor Noon, Council Member Gardner, Council Member Moon, Council Member Piko, Council Member Lucas, Council Member Turley, Council Member Truhlar, Council Member Gotto, Council Member Whelan voting AYE, and (None) voting NAY; Absent: 0. THE MOTION Passed. ii. RESOLUTION NO. 2014-R-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING A CONDITIONAL USE APPLICATION FOR THE J.D. CARPENTER FACILITY, 9355 E. DRY CREEK ROAD, CASE NO. LU-13-00269 Andy Firestine, Deputy Director Community Development, presented; 7:54 PM. Jeanne Shaffer, Planner II, was available to answer questions from Council. Mayor Noon opened the Public Hearing; seeing no one wishing to speak, the Public Hearing was closed. Council Member Gotto moved approval of RESOLUTION NO. 2014-R-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING A CONDITIONAL USE APPLICATION FOR THE J.D. CARPENTER FACILITY, 9355 E. DRY CREEK ROAD, CASE NO. LU-13-00269. Council Member Lucas seconded the motion. Minutes – Regular City Council Meeting April 14, 2014 Page 4 iii. RESOLUTION NO. 2014-R-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE SONIC AUTOMOTIVE FINAL DEVELOPMENT PLAN CASE NO. LU-13-00254 Derek Holcomb, Senior Planner, presented; 7:59 PM. Robert Sanders, representing Sonic Automotive, made a brief presentation. Mayor Noon opened the Public Hearing; seeing no one present wishing to speak, the Public Hearing was closed. Council Member Gotto moved approval of RESOLUTION NO. 2014-R-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE SONIC AUTOMOTIVE FINAL DEVELOPMENT PLAN CASE NO. LU-13-00254. Council Member Lucas seconded the motion. With Mayor Noon, Council Member Gardner, Council Member Moon, Council Member Piko, Council Member Lucas, Council Member Turley, Council Member Truhlar, Council Member Gotto, Council Member Whelan voting AYE, and (None) voting NAY; Absent: 0. THE MOTION Passed. iv. RESOLUTION NO. 2014-R-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE VECTRA BANK FINAL DEVELOPMENT PLAN CASE NO. LU-13-00234 Andy Firestine, Deputy Director of Community Development, presented; 8:23 PM. Jeanne Shaffer, Planner II, was available to answer questions from Council. Mayor Noon opened the Public Hearing. Seeing no one present wishing to speak, the Public Hearing was closed. Council Member Gotto moved approval of RESOLUTION NO. 2014-R-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE VECTRA BANK FINAL DEVELOPMENT PLAN CASE NO. LU-13-00234. Council Member Lucas seconded the motion. With Mayor Noon, Council Member Gardner, Council Member Moon, Council Member Piko, Council Member Lucas, Council Member Turley, Council Member Truhlar, Council Member Gotto, Council Member Whelan voting AYE, and (None) voting NAY; Absent: 0. THE MOTION Passed. Minutes – Regular City Council Meeting April 14, 2014 Page 5 11. Consideration of Ordinances a. Public Hearings i. ORDINANCE NO. 2014-O-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, AMENDING SECTION 1-4-10(A) OF THE MUNICIPAL CODE BY DELETING AND RESERVING FOR FUTURE ACTION THE AUTOMATIC ANNUAL INFLATIONARY ADJUSTMENT TO THE MAXIMUM FINE FOR MUNICIPAL ORDINANCE VIOLATIONS AND AMENDING CHAPTER 12 OF THE MUNICIPAL CODE CONCERNING AMENDMENTS TO THE 2011 LAND DEVELOPMENT CODE TO AMEND THE PROVISIONS GOVERNING FINES Kimber Liss, Court Administrator, presented; 8:33 PM. Mayor Noon opened the Public Hearing; seeing no one present wishing to speak, the Public Hearing was closed. Council Member Lucas moved approval of ORDINANCE NO. 2014-O-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, AMENDING SECTION 1- 4-10(A) OF THE MUNICIPAL CODE BY DELETING AND RESERVING FOR FUTURE ACTION THE AUTOMATIC ANNUAL INFLATIONARY ADJUSTMENT TO THE MAXIMUM FINE FOR MUNICIPAL ORDINANCE VIOLATIONS AND AMENDING CHAPTER 12 OF THE MUNICIPAL CODE CONCERNING AMENDMENTS TO THE 2011 LAND DEVELOPMENT CODE TO AMEND THE PROVISIONS GOVERNING FINES. Mayor Noon seconded the motion. With Mayor Noon, Council Member Gardner, Council Member Moon, Council Member Piko, Council Member Lucas, Council Member Turley, Council Member Truhlar, Council Member Gotto, Council Member Whelan voting AYE, and (None) voting NAY; Absent: 0. THE MOTION Passed. ii. ORDINANCE NO. 2014-O-05 AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL, COLORADO AMENDING DIVISION 2 OF ARTICLE 5 OF CHAPTER 6 OF THE CENTENNIAL MUNICIPAL CODE TO PROHIBIT THE OPERATION OF MARIJUANA CULTIVATION FACILITIES, MARIJUANA PRODUCT MANUFACTURING FACILITIES, MARIJUANA TESTING FACILITIES, RETAIL MARIJUANA STORES, AND MARIJUANA CLUBS AND AMENDING DIVISION 3 OF ARTICLE 5 OF CHAPTER 6 AS WELL AS DIVISION 3 OF ARTICLE 6 OF CHAPTER 6 CONCERNING THE MAXIMUM AGGREGATE NUMBER OF MARIJUANA PLANTS PERMITTED IN A PRIMARY RESIDENCE Minutes – Regular City Council Meeting April 14, 2014 Page 6 Bob Widner, presented; 8:45 PM. Mayor Noon opened the Public Hearing. Bob Doyle, 16166 E Progress Place, representing Smart Approaches to Marijuana, discussed the dangers of commercialization and supported the ban. David Malone, 7972 S. Vine Court, stated he was against the ban on retail sales within the City. Seeing no one else wishing to speak, the Public Hearing was closed. Council Member Turley moved approval of ORDINANCE NO. 2014-O-05 AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL, COLORADO AMENDING DIVISION 2 OF ARTICLE 5 OF CHAPTER 6 OF THE CENTENNIAL MUNICIPAL CODE TO PROHIBIT THE OPERATION OF MARIJUANA CULTIVATION FACILITIES, MARIJUANA PRODUCT MANUFACTURING FACILITIES, MARIJUANA TESTING FACILITIES, RETAIL MARIJUANA STORES, AND MARIJUANA CLUBS AND AMENDING DIVISION 3 OF ARTICLE 5 OF CHAPTER 6 AS WELL AS DIVISION 3 OF ARTICLE 6 OF CHAPTER 6 CONCERNING THE MAXIMUM AGGREGATE NUMBER OF MARIJUANA PLANTS PERMITTED IN A PRIMARY RESIDENCE. Council Member Moon seconded the motion. With Mayor Noon, Council Member Gardner, Council Member Moon, Council Member Piko, Council Member Lucas, Council Member Turley, Council Member Truhlar, Council Member Gotto, Council Member Whelan voting AYE, and (None) voting NAY; Absent: 0. THE MOTION Passed. 12. Consideration of Resolutions (None) 13. Consideration of Other Items a. General i. Request Two City Council Volunteers to Serve on the Ad Hoc Appointment Committee for the Election Commission Council Members Gardner and Lucas volunteered to serve on the Ad Hoc Appointment Committee. b. 1% Fund – Evaluation Criteria (Moved from Study Session Agenda) Eric Eddy, Senior Management Analyst, presented, 9:02 PM. GENERAL BUSINESS 14. Other Matters as May Come Before Council Minutes – Regular City Council Meeting April 14, 2014 Page 7 15. Reports a. City Manager (None) b. City Attorney (None) c. City Clerk (None) d. Council Members; 10:05 PM Council Members Truhlar, Gardner and Whelan made brief reports. 16. Mayor's Report and Comments (None) 17. Executive Session (None) 18. Adjourn There being no further business to discuss, the Regular Meeting was adjourned at 10:09 PM. Respectfully submitted, ____________________________ Barbara Setterlind, Deputy City Clerk

Agenda

April 14, 2014 Regular City Council Meeting The meeting will commence at the end of the Study Session, but in no event will it begin earlier than 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 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 6. Consideration of Communications, Proclamations and Appointments (None) Agenda – Regular City Council Meeting April 14, 2014 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 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. a. ORDINANCE NO. 2014-O-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO REZONING CERTAIN PROPERTY LOCATED IN THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 67 WEST FROM MIXED-USE PLANNED UNIT DEVELOPMENT (M-U PUD) AND FLOODPLAIN (F) UNDER THE 2001 LAND DEVELOPMENT CODE TO GENERAL COMMERCIAL (CG) UNDER THE 2011 LAND DEVELOPMENT CODE, AND AMENDING THE OFFICIAL ZONING MAP (Shaffer) (This item is proposed for Public Hearing on May 5, 2014, therefore no public comment will be accepted at tonight’s meeting.) 8. Consideration of Resolutions a. RESOLUTION NO. 2014-R-18 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 ARAPAHOE PARK AND RECREATION DISTRICT FOR CERTAIN 2014 PROJECTS AND AUTHORIZING THE USE OF OPEN SPACE FUNDS (Brasel) b. RESOLUTION NO. 2014-R-17 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 2014 PROJECTS AND AUTHORIZING THE USE OF OPEN SPACE FUNDS (Brasel) c. RESOLUTION NO. 2014-R-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR PARKS, TRAILS AND OPEN SPACE MAINTENANCE WITH ARAPAHOE PARK AND RECREATION DISTRICT (Brasel) Agenda – Regular City Council Meeting April 14, 2014 Page 3 d. RESOLUTION NO. 2014-R-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, SUPPORTING AND APPROVING SUBMITTAL OF A REQUEST TO ARAPAHOE COUNTY FOR FUNDING THROUGH THE CHERRY CREEK BASIN WORKING GROUP FOR THE ENGINEERING DESIGN OF LONE TREE CREEK REGIONAL TRAIL FROM BRONCOS PARKWAY TO CHERRY CREEK STATE PARK (Vidlock) 9. Consideration of Other Items a. Minutes (Madison) i. Study Session March 17, 2014 ii. Regular Meeting March 17, 2014 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. 2014-R-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE GO TOYOTA FINAL DEVELOPMENT PLAN – 4TH AMENDMENT CASE NO. LU- 13-00245 (Johnson) ii. RESOLUTION NO. 2014-R-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING A CONDITIONAL USE APPLICATION FOR THE J.D. CARPENTER FACILITY, 9355 E. DRY CREEK ROAD, CASE NO. LU-13-00269 (Shaffer) iii. RESOLUTION NO. 2014-R-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE SONIC AUTOMOTIVE FINAL DEVELOPMENT PLAN CASE NO. LU-13-00254 (Holcomb) Agenda – Regular City Council Meeting April 14, 2014 Page 4 iv. RESOLUTION NO. 2014-R-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE VECTRA BANK FINAL DEVELOPMENT PLAN CASE NO. LU-13-00234 (Shaffer) 11. Consideration of Ordinances a. Public Hearings i. ORDINANCE NO. 2014-O-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, AMENDING SECTION 1-4-10(A) OF THE MUNICIPAL CODE BY DELETING AND RESERVING FOR FUTURE ACTION THE AUTOMATIC ANNUAL INFLATIONARY ADJUSTMENT TO THE MAXIMUM FINE FOR MUNICIPAL ORDINANCE VIOLATIONS AND AMENDING CHAPTER 12 OF THE MUNICIPAL CODE CONCERNING AMENDMENTS TO THE 2011 LAND DEVELOPMENT CODE TO AMEND THE PROVISIONS GOVERNING FINES (Firestine/Juran/Liss) ii. ORDINANCE NO. 2014-O-05 AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL, COLORADO AMENDING DIVISION 2 OF ARTICLE 5 OF CHAPTER 6 OF THE CENTENNIAL MUNICIPAL CODE TO PROHIBIT THE OPERATION OF MARIJUANA CULTIVATION FACILITIES, MARIJUANA PRODUCT MANUFACTURING FACILITIES, MARIJUANA TESTING FACILITIES, RETAIL MARIJUANA STORES, AND MARIJUANA CLUBS AND AMENDING DIVISION 3 OF ARTICLE 5 OF CHAPTER 6 AS WELL AS DIVISION 3 OF ARTICLE 6 OF CHAPTER 6 CONCERNING THE MAXIMUM AGGREGATE NUMBER OF MARIJUANA PLANTS PERMITTED IN A PRIMARY RESIDENCE (Hassman) 12. Consideration of Resolutions (None) 13. Consideration of Other Items a. General i. Request Two City Council Volunteers to Serve on the Ad Hoc Appointment Committee for the Election Commission Agenda – Regular City Council Meeting April 14, 2014 Page 5 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 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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