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Regular City Council Meeting

Regular Meeting

Centennial, CO · November 3, 2014

AgendaPacketMinutes

Minutes

MINUTES OF THE CENTENNIAL CITY COUNCIL Regular City Council Meeting 7:00 PM Monday, November 03, 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 7:09 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, arrived at 7:29 PM 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 Eric Eddy, Assistant to the City Manager Dawn Priday, Director of Finance Lisa Bigelow, Senior Financial Analyst Jeff Cadiz, Revenue Manager Andy Firestine, Director of Community Development Derek Holcomb, Principal Planner Jennifer Houlne, Planner II Daniel Hutton, Management Analyst Jody Ailoto, Executive Assistant Sheri Chadwick, Director of Communications Barbara Setterlind, City Clerk 3. Public Comment (None) 4. Scheduled Presentations; 7:10 PM a. Update from Emergency Services Group and Law Enforcement Chief Armstrong, Littleton Fire District, gave a brief update. Minutes – Regular City Council Meeting November 03, 2014 Page 2 Chief Glenn Thompson, Arapahoe County Sheriff's Office, gave a brief report. 5. Consideration of Communications, Proclamations and Appointments a. PROCLAMATION NO. 2014-O-08, A PROCLAMATION OF THE MAYOR OF THE CITY OF CENTENNIAL, COLORADO PROCLAIMING THE SATURDAY AFTER THANKSGIVING ANNUALLY, AS SMALL BUSINESS SATURDAY IN THE CITY OF CENTENNIAL b. PROCLAMATION NO. 2014-P-11 A PROCLAMATION OF THE MAYOR OF THE CITY OF CENTENNIAL, COLORADO PROCLAIMING THE MONTH OF NOVEMBER, 2014 AND IN PERPETUITY, AS "PANCREATIC CANCER AWARENESS MONTH" IN THE CITY OF CENTENNIAL 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: 1. THE MOTION Passed. 6. Consideration of Ordinances on First Reading (None) 7. Consideration of Resolutions a. RESOLUTION NO. 2014-R-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, AUTHORIZING THE CITY MANAGER TO EXECUTE CERTAIN INTERGOVERNMENTAL AGREEMENTS, CONSTRUCTION CONTRACTS, AND OTHER DOCUMENTS ON BEHALF OF THE CITY RELATED TO DRY CREEK LIGHT RAIL PLATFORM MODIFICATION AND CONNECTIVITY IMPROVEMENTS PROJECT 8. Consideration of Other Items a. Minutes i. Study Session October 20, 2014 ii. Regular Meeting October 20, 2014 DISCUSSION AGENDA 9. Consideration of Resolutions a. Public Hearings i. RESOLUTION NO. 2014-R-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING AND ADOPTING THE CITY OF CENTENNIAL Minutes – Regular City Council Meeting November 03, 2014 Page 3 REVISED 2014 BUDGET AND APPROVING A SUPPLEMENTAL APPROPRIATION AND ADOPTING THE 2015 PROPOSED BUDGET AND APPROPRIATING SUMS OF MONEY (Priday) Dawn Priday, Director of Finance, presented; 7:21 PM. Curtis Winar, Budget Committee Member, presented the Budget Committee report. Council Member Truhlar arrived at the dais at 7:29 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-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING AND ADOPTING THE CITY OF CENTENNIAL REVISED 2014 BUDGET AND APPROVING A SUPPLEMENTAL APPROPRIATION AND ADOPTING THE 2015 PROPOSED BUDGET AND APPROPRIATING SUMS OF MONEY. 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. 10. Consideration of Land Use Cases a. Public Hearings i. ORDINANCE NO. 2014-O-45 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO REZONING PROPERTY KNOWN AS 7286 SOUTH YOSEMITE STREET FROM MIXED-USE PLANNED UNIT DEVELOPMENT (M-U PUD) UNDER THE 2001 LAND DEVELOPMENT CODE TO BUSINESS PARK 35 (BP 35) UNDER THE 2011 LAND DEVELOPMENT CODE, AND AMENDING THE OFFICIAL ZONING MAP Derek Holcomb, Principal Planner, presented; 7:38 PM. Mayor Noon opened the Public Hearing. Laura Hoeppner, 8016 E. Kettle, encouraged Council to adopt the BP35 rezoning. Seeing no one else present wishing to speak, the Public Hearing was closed. Council Member Lucas moved approval of ORDINANCE NO. 2014-O-45 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO REZONING PROPERTY KNOWN AS 7286 SOUTH YOSEMITE STREET FROM MIXED-USE PLANNED UNIT DEVELOPMENT (M-U PUD) UNDER THE 2001 LAND DEVELOPMENT CODE TO BUSINESS PARK 35 (BP 35) UNDER THE 2011 LAND DEVELOPMENT CODE, AND AMENDING THE OFFICIAL ZONING MAP. Council Member Gotto seconded the motion. Minutes – Regular City Council Meeting November 03, 2014 Page 4 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; Abstain: 0; Absent: 0. THE MOTION Passed. ii. ORDINANCE NO. 2014-O-44 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE PEAKVIEW PLACE MASTER DEVELOPMENT PLAN, FIRST AMENDMENT Jennifer Houlne, Planner II, presented; 7:47 PM. Martin Eiss, 421 Broadway, Denver, representing the applicant, made a brief presentation. David Manley, Senior Consultant with Dale Adams Consultants, discussed the analysis of noise from Fiddlers Green to the development. Mayor Noon opened the Public Hearing; seeing no one present wishing to speak, the Public Hearing was closed. Council Member Gardner moved approval of ORDINANCE NO. 2014-O-44 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE PEAKVIEW PLACE MASTER DEVELOPMENT PLAN, FIRST AMENDMENT AND: THE OWNER SHALL CAUSE TO BE DISCLOSED IN WRITING TO EVERY RESIDENTIAL TENANT OR RESIDENTIAL PURCHASER OF THE PROPERTY A FACTUAL STATEMENT THAT: 1) THERE IS AN AMPHITHEATER LOCATED TO THE EAST OF THE LEASED OR PURCHASED PROPERTY THAT MAY PRODUCE NOISE DURING EVENTS CONDUCTED AT THE AMPHITHEATER; AND 2) VEHICULAR ACCESS TO THE LEASED OR PURCHASED PROPERTY MAY BE LIMITED, BUT NOT DENIED, DURING EVENTS CONDUCTED AT THE AMPHITHEATER. THE FORM OF WRITTEN DISLOSURE SHALL BE APPROVED BY THE CITY ATTORNEY AS A CONDITION OF APPROVAL OF THE FIRST SITE PLAN OR BUILDING PERMIT FOR THE PROPERTY. 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. The meeting was recessed at 8:40 PM and reconvened at 8:55 PM. iii. ORDINANCE NO. 2014-O-43 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO REZONING PROPERTY KNOWN AS 20099 E. ARAPAHOE ROAD, FROM AGRICULTURAL (A-1) UNDER THE 2001 LAND DEVELOPMENT CODE TO AUTO-URBAN RESIDENTIAL (RA) UNDER THE 2011 LAND DEVELOPMENT CODE, AND AMENDING THE OFFICIAL ZONING MAP Derek Holcomb, Principal Planner, presented; 8:56 PM. Kenneth Merritt, JR Engineering, representing the applicant, made a brief presentation. Minutes – Regular City Council Meeting November 03, 2014 Page 5 Mayor Noon opened the Public Hearing. Mike Hamrick, 6477 S Jericho Way, representing Greenfield Home Owners Association, stated developer worked well with Piney Creek Ranches but not with Greenfield and would like separation defined between their areas. Gary Vansuch – 6476 S. Jericho Cir, representing Preserve the Pathview, supports the rezoning application but asked that the views be preserved from the trails. Doris Laris, 20385 E Maplewood Place, asked that the views on the path be preserved. Steve Rowe, 6345 S Jericho way, asked that the views be preserved. Sherry Brimmer, 6465 S Jericho Way, stated that she did not object to the rezoning or site plan, but the developer did not address any Greenfield resident’s concerns. Rick Coldsnow, 6449 S. Jericho Way, stated he didn’t oppose the rezoning or redevelopment, but discussed the elevation changes between sites. Tina Nelson, 20201 E Euclid Lane, discussed comparison on densities of properties. Leslie Ritchlin, 19794 E. Fair Place, Sienna resident, stated they were excluded from any meetings and felt the developer should have been proposed to their neighborhood. Cathy Ogg, 19698 E Geddes Place, supported the development. Phil Garcia, 6699 S Himalaya Way, said his biggest concern was building another road through his backyard. Mr. Holcomb stated there was no easement to Arapahoe Road, so no road would be constructed. Walter Scott, 20254 E Maplewood Place, discussed views from his home and asked for help in preserving the views. Jonna Wynkoop, 20099 E Arapahoe Road, owner of property in question asked for approval of the rezoning and site plan. She explained the reason for rezoning. David Brimmer, 6465 S Jericho Way, stated that petitioning was done on the path asking for the views to be preserved. He stated the developer had not worked with the residents. Tate Wynkoop, 20099 E Arapahoe Road, felt the residents of Greenfield has seen the property as their open space, and his mother should be able to develop her property. Stephanie Abel, 20537 E Caley Place, questioned the proposed HOA for the development. Katy Stigler read in a statement from: Michael Ziegler, stated the developer should work with the surrounding neighborhood. Luann Miller, 17451 E. Powers Drive, stated the property owner should be able to decide what to do with the property. Seeing no one else present wishing to speak, the Public Hearing was closed. Minutes – Regular City Council Meeting November 03, 2014 Page 6 Mr. Merritt responded to concerns brought up during Public Hearing. Tiffany Clark, representing SEMSWA, discussed drainage and site plan and stated it meets the criteria. Council Member Lucas moved approval of ORDINANCE NO. 2014-O-43 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO REZONING PROPERTY KNOWN AS 20099 E. ARAPAHOE ROAD, FROM AGRICULTURAL (A-1) UNDER THE 2001 LAND DEVELOPMENT CODE TO AUTO-URBAN RESIDENTIAL (RA) UNDER THE 2011 LAND DEVELOPMENT CODE, AND AMENDING THE OFFICIAL ZONING MAP. Council Member Turley 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-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE GREENFIELD WEST SITE PLAN, CASE NO. LU-14-00081 Council Member Lucas moved approval of RESOLUTION NO. 2014-R-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE GREENFIELD WEST SITE PLAN, CASE NO. LU-14-00081. Council Member Turley 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. The meeting was recessed at 11:38 PM and reconvened at 11:47 PM. 11. Consideration of Ordinances (None) 12. Consideration of Resolutions a. General i. RESOLUTION NO. 2014-R-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES RELATED TO THE CITY'S POTENTIAL USE OF ITS FIBER OPTIC INFRASTRUCTURE Daniel Hutton, Management Analyst, presented; 11:47 PM. Eric Eddy, Assistant to the City Manager, was present to answer questions from Council. Minutes – Regular City Council Meeting November 03, 2014 Page 7 Council Member Piko moved approval of RESOLUTION NO. 2014-R-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES RELATED TO THE CITY'S POTENTIAL USE OF ITS FIBER OPTIC INFRASTRUCTURE. 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. 13. Consideration of Other Items (None) GENERAL BUSINESS 14. Other Matters as May Come Before Council (None) 15. Reports (None) 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 11:58 PM. Respectfully submitted, ____________________________ Barbara Setterlind, City Clerk

Agenda

November 03, 2014 Regular City Council Meeting, 7:00 PM City Council Chambers 13133 E. Arapahoe Road Centennial, Colorado 80112 www.centennialco.gov 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 website. 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. 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. 4. Scheduled Presentations a. Update from Emergency Services Group and Law Enforcement 5. Consideration of Communications, Proclamations and Appointments a. PROCLAMATION NO. 2014-O-08, A PROCLAMATION OF THE MAYOR OF THE CITY OF CENTENNIAL, COLORADO PROCLAIMING THE SATURDAY AFTER THANKSGIVING ANNUALLY, AS SMALL BUSINESS SATURDAY IN THE CITY OF CENTENNIAL Agenda – Regular City Council Meeting November 03, 2014 Page 2 b. PROCLAMATION NO. 2014-P-11 A PROCLAMATION OF THE MAYOR OF THE CITY OF CENTENNIAL, COLORADO PROCLAIMING THE MONTH OF NOVEMBER, 2014 AND IN PERPETUITY, AS "PANCREATIC CANCER AWARENESS MONTH" IN THE CITY OF CENTENNIAL 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. 6. 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. 7. Consideration of Resolutions a. RESOLUTION NO. 2014-R-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, AUTHORIZING THE CITY MANAGER TO EXECUTE CERTAIN INTERGOVERNMENTAL AGREEMENTS, CONSTRUCTION CONTRACTS, AND OTHER DOCUMENTS ON BEHALF OF THE CITY RELATED TO DRY CREEK LIGHT RAIL PLATFORM MODIFICATION AND CONNECTIVITY IMPROVEMENTS PROJECT (McAskin) 8. Consideration of Other Items a. Minutes i. Study Session October 20, 2014 ii. Regular Meeting October 20, 2014 DISCUSSION AGENDA 9. Consideration of Resolutions a. Public Hearings i. RESOLUTION NO. 2014-R-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING AND ADOPTING THE CITY OF CENTENNIAL REVISED 2014 BUDGET AND APPROVING A SUPPLEMENTAL APPROPRIATION AND ADOPTING THE 2015 PROPOSED BUDGET AND APPROPRIATING SUMS OF MONEY (Priday) Agenda – Regular City Council Meeting November 03, 2014 Page 3 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. ORDINANCE NO. 2014-O-44 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE PEAKVIEW PLACE MASTER DEVELOPMENT PLAN, FIRST AMENDMENT (Houlne) ii. ORDINANCE NO. 2014-O-43 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO REZONING PROPERTY KNOWN AS 20099 E. ARAPAHOE ROAD, FROM AGRICULTURAL (A-1) UNDER THE 2001 LAND DEVELOPMENT CODE TO AUTO-URBAN RESIDENTIAL (RA) UNDER THE 2011 LAND DEVELOPMENT CODE, AND AMENDING THE OFFICIAL ZONING MAP (Holcomb) iii. RESOLUTION NO. 2014-R-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE GREENFIELD WEST SITE PLAN, CASE NO. LU-14-00081 (Holcomb) iv. ORDINANCE NO. 2014-O-45 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO REZONING PROPERTY KNOWN AS 7286 SOUTH YOSEMITE STREET FROM MIXED-USE PLANNED UNIT DEVELOPMENT (M-U PUD) UNDER THE 2001 LAND DEVELOPMENT CODE TO BUSINESS PARK 35 (BP 35) UNDER THE 2011 LAND DEVELOPMENT CODE, AND AMENDING THE OFFICIAL ZONING MAP (Holcomb) 11. Consideration of Ordinances 12. Consideration of Resolutions a. General i. RESOLUTION NO. 2014-R-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES RELATED TO Agenda – Regular City Council Meeting November 03, 2014 Page 4 THE CITY'S POTENTIAL USE OF ITS FIBER OPTIC INFRASTRUCTURE (Hutton) 13. Consideration of Other Items 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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