Regular City Council Meeting

MINUTES OF THE CENTENNIAL CITY COUNCIL Regular City Council Meeting 7:00 PM Monday, June 02, 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 7:06 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 Sherry Chadwick, Director of Communications Dawn Priday, Director of Finance Corri Spiegel, Economic Development Manager Andy Firestine, Deputy Director of Community Development Derek Holcomb, Senior Planner Jeanne Shaffer, Planner II Amy Johnson, Planner Amanda Fladland, Senior Accountant Travis Greiman, Engineering Manager Brenda Madison, City Clerk Barbara Setterlind, Deputy City Clerk 3. Pledge of Allegiance Mayor Noon led the Pledge of Allegiance. 4. Public Comment (None) Minutes – Regular City Council Meeting June 02, 2014 Page 2 5. Scheduled Presentations a. Update from Emergency Services Group and Law Enforcement; 7:07 PM Chief Dan Qualman, South Metro Fire Rescue, made a brief report. Arapahoe County Sheriff Dave Walcher, and Chief Glenn Thompson, made a brief reports. 6. Consideration of Communications, Proclamations and Appointments (None) CONSENT AGENDA Council Member Lucas moved approval of CONSENT AGENDA. Council Member Truhlar 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-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO EXTENDING THE TERM OF VESTED PROPERTY RIGHTS ASSOCIATED WITH THE SITE SPECIFIC DEVELOPMENT PLAN KNOWN AS ALPINE PAVILION, SECOND AMENDMENT TO THE FINAL DEVELOPMENT PLAN FOR TRACT C OF JACKSON FARM SUBDIVISION FILING NO. 1 FOR THREE (3) YEARS, THROUGH AUGUST 13, 2017 b. ORDINANCE NO. 2014-O-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, AMENDING ARTICLE 2 OF CHAPTER 7 OF THE MUNICIPAL CODE TO DECLARE IT A NUISANCE AND UNLAWFUL TO FEED CERTAIN WILDLIFE, AND TO DECLARE IT A NUISANCE AND UNLAWFUL TO FEED BIRDS AND SQUIRRELS IF SUCH ACT CREATES AN UNSANITARY, UNHEALTHY CONDITION, AND PROVIDING A PENALTY THEREFOR c. ORDINANCE NO. 2014-O-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING CHAPTER 12 OF THE MUNICIPAL CODE CONCERNING TEMPORARY CONSTRUCTION, STORAGE, AND REFUSE COLLECTION USES d. ORDINANCE NO. 2014-O-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO REZONING CERTAIN PROPERTY LOCATED WITHIN THE CENTENNIAL EAST CORPORATE CENTER FILING NO. 2 FROM INDUSTRIAL (I) UNDER THE 2011 LAND DEVELOPMENT CODE TO BUSINESS PARK (BP100) UNDER THE 2011 LAND DEVELOPMENT CODE, AND AMENDING THE OFFICIAL ZONING MAP Minutes – Regular City Council Meeting June 02, 2014 Page 3 e. ORDINANCE 2014-O-18, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO ANNEXING CERTAIN TERRITORY TO THE CITY KNOWN AS THE CENTENNIAL EAST CORPORATE CENTER ANNEXATION NO. 3 f. ORDINANCE 2014-O-19, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO ANNEXING CERTAIN TERRITORY TO THE CITY KNOWN AS THE CENTENNIAL EAST CORPORATE CENTER ANNEXATION NO. 4 g. ORDINANCE 2014-O-20, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING INITIAL ZONING OF PROPERTY KNOWN AS THE CENTENNIAL EAST CORPORATE CENTER ANNEXATION NO. 3 FROM ARAPAHOE COUNTY MIXED-USE PLANNED UNIT DEVELOPMENT (M-U PUD) TO CITY OF CENTENNIAL INDUSTRIAL (I), GENERAL COMMERCIAL (CG), AND BUSINESS PARK (BP100) UNDER THE 2011 LAND DEVELOPMENT CODE AND AMENDING THE OFFICIAL ZONING MAP h. ORDINANCE 2014-O-21, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING INITIAL ZONING OF PROPERTY KNOWN AS THE CENTENNIAL EAST CORPORATE CENTER ANNEXATION NO. 4 FROM ARAPAHOE COUNTY MIXED-USE PLANNED UNIT DEVELOPMENT (M-U PUD) TO CITY OF CENTENNIAL INDUSTRIAL (I) UNDER THE 2011 LAND DEVELOPMENT CODE AND AMENDING THE OFFICIAL ZONING MAP i. ORDINANCE 2014-O-22, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING ANNEXATION AGREEMENTS FOR PROPERTY KNOWN AS THE CENTENNIAL EAST CORPORATE CENTER ANNEXATION NOS. 3 AND 4 j. ORDINANCE 2014-O-23, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO ANNEXING CERTAIN TERRITORY TO THE CITY KNOWN AS THE SIGNATURE AT DRY CREEK ANNEXATION NO. 1 k. ORDINANCE 2014-O-24, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO ANNEXING CERTAIN TERRITORY TO THE CITY KNOWN AS THE SIGNATURE AT DRY CREEK ANNEXATION NO. 2 l. ORDINANCE 2014-O-25, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO ANNEXING CERTAIN TERRITORY TO THE CITY KNOWN AS THE SIGNATURE AT DRY CREEK ANNEXATION NO. 3 m. ORDINANCE 2014-O-26, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING INITIAL ZONING OF PROPERTY KNOWN AS THE SIGNATURE AT DRY CREEK ANNEXATION NOS. 1, 2 AND 3 FROM ARAPAHOE COUNTY MIXED-USE PLANNED UNIT DEVELOPMENT (M-U PUD) TO CITY OF CENTENNIAL Minutes – Regular City Council Meeting June 02, 2014 Page 4 GENERAL COMMERCIAL (CG) UNDER THE 2011 LAND DEVELOPMENT CODE AND AMENDING THE OFFICIAL ZONING MAP n. ORDINANCE 2014-O-27, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING ANNEXATION AGREEMENT WITH WADDILL ENTERPRISES LLC FOR LOT 3, BLOCK 1, SIGNATURE AT DRY CREEK SUBDIVISION FILING NO. 4 8. Consideration of Resolutions a. RESOLUTION NO. 2014-R-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO RATIFYING THE CONDITIONAL APPROVAL OF THE TOP GOLF SITE PLAN, CASE NO. LU-14-00030 b. RESOLUTION NO. 2014-R-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY AND TOPGOLF USA CENTENNIAL, LLC 9. Consideration of Other Items a. Minutes i. Study Session May 19, 2014 ii. Regular Meeting May 19, 2014 DISCUSSION AGENDA 10. Consideration of Land Use Cases a. Public Hearings i. ORDINANCE NO. 2014-O-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO REZONING CERTAIN PROPERTY LOCATED IN THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 5 SOUTH, RANGE 68 WEST FROM COMMUNITY BUSINESS (B-3) UNDER THE 2001 LAND DEVELOPMENT CODE TO ACTIVITY CENTER (AC) UNDER THE 2011 LAND DEVELOPMENT CODE, AND AMENDING THE OFFICIAL ZONING MAP Derek Holcomb, Senior Planner, presented; 7:35 PM. Mayor Noon opened the Public Hearing; seeing no one present wishing to speak, the Public Hearing was closed. Council Member Truhlar moved approval of ORDINANCE NO. 2014-O-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO REZONING CERTAIN PROPERTY LOCATED IN THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 5 SOUTH, RANGE 68 WEST FROM COMMUNITY BUSINESS (B-3) UNDER THE 2001 LAND Minutes – Regular City Council Meeting June 02, 2014 Page 5 DEVELOPMENT CODE TO ACTIVITY CENTER (AC) UNDER THE 2011 LAND DEVELOPMENT CODE, AND AMENDING THE OFFICIAL ZONING MAP. Council Member Gardner 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-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO REZONING CERTAIN PROPERTY LOCATED IN THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 5 SOUTH, RANGE 67 WEST FROM AGRICULTURAL (A-2) UNDER THE 2001 LAND DEVELOPMENT CODE TO INDUSTRIAL (I) UNDER THE 2011 LAND DEVELOPMENT CODE, AND AMENDING THE OFFICIAL ZONING MAP Derek Holcomb, Senior Planner, presented; 7:46 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 ORDINANCE NO. 2014-O-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO REZONING CERTAIN PROPERTY LOCATED IN THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 5 SOUTH, RANGE 67 WEST FROM AGRICULTURAL (A-2) UNDER THE 2001 LAND DEVELOPMENT CODE TO INDUSTRIAL (I) UNDER THE 2011 LAND DEVELOPMENT CODE, AND AMENDING THE OFFICIAL ZONING MAP. 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. iii. ORDINANCE NO. 2014-O-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO REZONING PROPERTY KNOWN AS 10555 E. BRIARWOOD CIRCLE FROM MIXED-USE PLANNED UNIT DEVELOPMENT (M-U PUD) UNDER THE 2001 LAND DEVELOPMENT CODE TO GENERAL COMMERCIAL (CG) UNDER THE 2011 LAND DEVELOPMENT CODE, AND AMENDING THE OFFICIAL ZONING MAP Amy Johnson, Planner, presented; 7:52 PM. Mayor Noon opened the Public Hearing; seeing no one present wishing to speak, the Public Hearing was closed. Minutes – Regular City Council Meeting June 02, 2014 Page 6 Council Member Gotto moved approval of ORDINANCE NO. 2014-O-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO REZONING PROPERTY KNOWN AS 10555 E. BRIARWOOD CIRCLE FROM MIXED-USE PLANNED UNIT DEVELOPMENT (M-U PUD) UNDER THE 2001 LAND DEVELOPMENT CODE TO GENERAL COMMERCIAL (CG) UNDER THE 2011 LAND DEVELOPMENT CODE, AND AMENDING THE OFFICIAL ZONING MAP. 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-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE PLAZA AT CENTENNIAL FINAL DEVELOPMENT PLAN – 2ND AMENDMENT CASE NO. LU-13- 00260 Jeanne Shaffer, Planner II, presented; 7:58 PM. Gabe Cullin, representing the applicant, made a brief presentation. Jim Shifton, 8341 S. Sangre De Cristo Road, Littleton, architect, discussed the landscaping. 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-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE PLAZA AT CENTENNIAL FINAL DEVELOPMENT PLAN – 2ND AMENDMENT CASE NO. LU-13- 00260. 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. 11. Consideration of Ordinances a. Public Hearings i. ORDINANCE NO. 2014-O-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF FEE AND EASEMENT INTERESTS IN REAL PROPERTY SITUATED IN ARAPAHOE COUNTY, COLORADO, FOR THE PURPOSE OF COMPLETING THE ARAPAHOE ROAD – WACO TO HIMALAYA RECONSTRUCTION AND WIDENING PROJECT Minutes – Regular City Council Meeting June 02, 2014 Page 7 Travis Greiman, Engineering Manager, presented; 8:22 PM Mayor Noon opened the Public Hearing; seeing no one present wishing to speak, the Public Hearing was closed. Council Member Piko moved approval of ORDINANCE NO. 2014-O-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF FEE AND EASEMENT INTERESTS IN REAL PROPERTY SITUATED IN ARAPAHOE COUNTY, COLORADO, FOR THE PURPOSE OF COMPLETING THE ARAPAHOE ROAD – WACO TO HIMALAYA RECONSTRUCTION AND WIDENING PROJECT. Council Member Whelan seconded the motion. With Mayor Noon, Council Member Moon, Council Member Piko, Council Member Lucas, Council Member Turley, Council Member Truhlar, Council Member Gotto, Council Member Whelan voting AYE, and Council Member Gardner voting NAY; Absent: 0. THE MOTION Passed. 12. Consideration of Resolutions a. Public Hearings i. RESOLUTION NO. 2014-R-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO GRANTING TO THE ARAPAHOE COUNTY SHERIFF’S OFFICE AND THE CENTENNIAL CITY MANAGER THE AUTHORITY TO APPLY FOR FISCAL YEAR 2014 JAG FUNDS ON BEHALF OF THE CITY Amanda Fladland, Senior Accountant, presented. Chief Campbell, answered questions from Council; 8:27 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 RESOLUTION NO. 2014-R-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO GRANTING TO THE ARAPAHOE COUNTY SHERIFF’S OFFICE AND THE CENTENNIAL CITY MANAGER THE AUTHORITY TO APPLY FOR FISCAL YEAR 2014 JAG FUNDS ON BEHALF OF THE CITY. Council Member Gardner seconded the motion. Council Member Lucas moved approval of RESOLUTION NO. 2014-R-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO GRANTING TO THE ARAPAHOE COUNTY SHERIFF’S OFFICE AND THE CENTENNIAL CITY MANAGER THE AUTHORITY TO APPLY FOR FISCAL YEAR 2014 JAG FUNDS ON BEHALF OF THE CITY. Council Member Gardner 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 June 02, 2014 Page 8 13. Consideration of Other Items a. General i. Request Two Council Members to Serve on the Ad Hoc Appointment Committee for the Senior Commission Mayor Noon and Council Member Turley volunteered to serve on the Ad-Hoc Committee; 8:31 PM. GENERAL BUSINESS 14. Other Matters as May Come Before Council; 8:33 PM Council Member Moon asked for a discussion on the weed control policy. John Danielson, City Manager, said staff would like to try a pilot program with the Contractor using different applications to try and reduce the number of weeds. Council Member Turley discussed concerns of citizens regarding widening of Orchard Road west of Clarkston. Council Member Turley asked for Council to put this project on the 2015 CIP program list. Wayne Reed, Deputy City Manager, answered questions from Council. Mayor Noon stated this project would be discussed during the 2015 CIP program list before approval of the 2015 Budget. Mayor Noon discussed Centennial 101 and future classes. Mayor Noon suggested having another class early next year. Consensus was to support having two classes in 2015. 15. Reports a. City Manager; 7:05 PM John Danielson, City Manager, made a brief report. b. City Attorney; 9:01 PM Bob Widner, City Attorney, made a brief report.; 9:01 PM c. City Clerk; 9:07 PM Brenda Madison, City Clerk, made a brief report. d. Council Members; 9:08 PM Council Members Gardner, Truhlar, Moon, Turley, Gotto, Piko and Whelan made brief reports. 16. Mayor's Report and Comments; 9:20 PM Mayor Noon made a brief report. Minutes – Regular City Council Meeting June 02, 2014 Page 9 17. Executive Session a. Executive Session Pursuant to C.R.S. 24-6-402(4)(e) to Devise Negotiation Strategy and Instruct Negotiators Regarding the Century Link Franchise Application Executive Session moved to the Study Session Agenda. 18. Adjourn There being no further business to discuss, the Regular Meeting was adjourned at 9:30 PM. Respectfully submitted, ____________________________ Brenda Madison, City Clerk