Regular City Council Meeting

MINUTES OF THE CENTENNIAL CITY COUNCIL Regular City Council Meeting 7:00 PM Monday, December 07, 2015 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 7:13 PM. 2. Roll Call Those present were: Mayor Noon Council Member Gardner Council Member Moon Council Member Piko Council Member Turley Council Member Truhlar Council Member Gotto Council Member Whelan Those absent were: Council Member Lucas, excused Also present were: John Danielson, City Manager Maureen Juran, Deputy City Attorney Wayne Reed, Deputy City Manager Elisha Thomas, Assistant City Manager Marcus McAskin, Deputy City Attorney Jill Hassman, Assistant City Attorney Eric Eddy, Assistant to the City Manager Sheri Chadwick, Director of Communications Andy Firestine, Director of Community Development Craig Faessler, Program Director Public Works Daniel Krzyzanowski, Principal Planner Neil Marciniak, Economic Development Manager Kelly Brady, Commissions Coordinator Jennifer Houlne, Planner II Scott Blumenreich, I-Team Manager Daniel Hutton, I-Team Project Manager Bailey Little, I-Team Coordinator Melanie Morgan, I-Team Data Analyst Barbara Setterlind, City Clerk 3. Pledge of Allegiance Mayor Noon led the Pledge of Allegiance. 4. Public Comment (None) Minutes – Regular City Council Meeting December 07, 2015 Page 2 5. Scheduled Presentations a. Update from Emergency Services and Law Enforcement; 7:16 PM Chief Bob Baker, South Metro Fire, made a brief reports. Sheriff Dave Walcher, and Chief Glenn Thompson, made brief reports. 6. Consideration of Communications, Proclamations and Appointments CONSENT AGENDA Council Member Gotto moved approval of CONSENT AGENDA. Council Member Piko seconded the motion. With Mayor Noon, Council Member Gardner, Council Member Moon, Council Member Piko, Council Member Turley, Council Member Truhlar, Council Member Gotto, Council Member Whelan voting AYE, and (None) voting NAY; Absent: 1. THE MOTION Passed. 7. Consideration of Ordinances on First Reading a. ORDINANCE NO. 2015-O-31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, REPEALING AND READOPTING SECTION 6-4-110 OF THE CITY LIQUOR CODE, AS CODIFIED AT ARTICLE 4 OF CHAPTER 6 OF THE CENTENNIAL MUNICIPAL CODE, CONCERNING APPOINTMENT OF A HEARING OFFICER TO SERVE AS THE LIQUOR LICENSING AUTHORITY FOR THE CITY b. ORDINANCE NO. 2015-O-32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING CHAPTER 12 OF THE MUNICIPAL CODE, THE LAND DEVELOPMENT CODE, TO PERMIT ALCOHOLIC BEVERAGE SALES, AS DEFINED, AS A LIMITED USE IN ALL COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS 8. Consideration of Resolutions (None) 9. Consideration of Other Items a. Minutes i. Study Session November 16, 2015 ii. Regular Meeting November 16, 2015 DISCUSSION AGENDA 10. Consideration of Land Use Cases (None) Minutes – Regular City Council Meeting December 07, 2015 Page 3 11. Consideration of Ordinances a. Public Hearings i. ORDINANCE NO. 2015-O-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, ADDING A NEW ARTICLE 10 TO CHAPTER 18 OF THE CENTENNIAL MUNICIPAL CODE TO ENCOURAGE CONSTRUCTION OF CONDOMINIUMS BY (A) ENSURING THAT CONSTRUCTION DEFECTS ARE PROMPTLY ADDRESSED AND CORRECTED BY BUILDERS, (B) MOTIVATING CONDOMINIUM HOMEOWNERS AND BUILDERS TO QUICKLY RESOLVE CONSTRUCTION DEFECT DISPUTES TO AVOID BURDENSOME LITIGATION, AND (C) PROVIDING CERTAIN CONDOMINIUM HOMEOWNERS ENHANCED OPPORTUNITY TO PARTICIPATE IN THE COMMUNITY GOVERNANCE BY REQUIRING INDIVIDUAL OWNERS’ INFORMED CONSENT WITH RESPECT TO HOMEOWNERS' ASSOCIATION BOARD ACTIONS REGARDING CONSTRUCTION DEFECTS Maureen Juran, Deputy City Attorney, presented, ; 7:48 PM. Mayor Noon opened the Public Hearing. Nancy Sharpe, 5334 S. Prince Street, stated support of the proposed ordinance. Ed Hardey, 5670 Jasper Point Circle, Castle Pines, stated support of the Ordinance. David McLain, 4132 S. Quebec, stated support of the Ordinance. Peter Tobin, 8739 E. Easter, stated support of the Ordinance. Mike Fitzgerald, Denver South EDP, stated support of the Ordinance. Mike Likoff, 250 S. Jersey, Denver, stated support of the Ordinance. Seeing no one else present wishing to speak, the Public Hearing was closed. Council Member Gotto moved approval of ORDINANCE NO. 2015-O-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, ADDING A NEW ARTICLE 10 TO CHAPTER 18 OF THE CENTENNIAL MUNICIPAL CODE TO ENCOURAGE CONSTRUCTION OF CONDOMINIUMS BY (A) ENSURING THAT CONSTRUCTION DEFECTS ARE PROMPTLY ADDRESSED AND CORRECTED BY BUILDERS, (B) MOTIVATING CONDOMINIUM HOMEOWNERS AND BUILDERS TO QUICKLY RESOLVE CONSTRUCTION DEFECT DISPUTES TO AVOID BURDENSOME LITIGATION, AND (C) PROVIDING CERTAIN CONDOMINIUM HOMEOWNERS ENHANCED OPPORTUNITY TO PARTICIPATE IN THE COMMUNITY GOVERNANCE BY REQUIRING INDIVIDUAL OWNERS’ INFORMED CONSENT WITH RESPECT TO HOMEOWNERS' ASSOCIATION BOARD ACTIONS REGARDING CONSTRUCTION DEFECTS. Council Member Piko seconded the motion. Minutes – Regular City Council Meeting December 07, 2015 Page 4 With Mayor Noon, Council Member Gardner, Council Member Moon, Council Member Piko, Council Member Turley, Council Member Truhlar, Council Member Gotto, Council Member Whelan voting AYE, and (None) voting NAY; Abstain: 0; Absent: 1. THE MOTION Passed. ii. ORDINANCE NO. 2015-O-30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, REPEALING AND REENACTING ARTICLE 6 OF CHAPTER 11 OF THE CENTENNIAL MUNICIPAL CODE AND ADOPTING BY REFERENCE THE CITY OF CENTENNIAL PUBLIC WORKS DEPARTMENT RIGHT-OF-WAY REGULATIONS Travis Greiman, presented; 8:08 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. 2015-O-30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, REPEALING AND REENACTING ARTICLE 6 OF CHAPTER 11 OF THE CENTENNIAL MUNICIPAL CODE AND ADOPTING BY REFERENCE THE CITY OF CENTENNIAL PUBLIC WORKS DEPARTMENT RIGHT-OF-WAY REGULATIONS. Council Member Turley seconded the motion. With Mayor Noon, Council Member Gardner, Council Member Moon, Council Member Piko, Council Member Turley, Council Member Truhlar, Council Member Gotto, Council Member Whelan voting AYE, and (None) voting NAY; Absent: 1. THE MOTION Passed. 12. Consideration of Resolutions a. Public Hearings i. RESOLUTION NO. 2015-R-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, AMENDING THE 2015 BUDGET AND APPROVING A SUPPLEMENTAL APPROPRIATION FOR THE LAND USE FUND Andy Firestine, Director of Community Development, presented; 8:11 PM. Dawn Priday, Director of Finance, answered 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. 2015-R-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, AMENDING THE 2015 BUDGET AND APPROVING A SUPPLEMENTAL APPROPRIATION FOR THE LAND USE FUND. Council Member Turley seconded the motion. With Mayor Noon, Council Member Gardner, Council Member Moon, Council Member Piko, Council Member Turley, Council Member Truhlar, Council Member Gotto, Council Member Whelan voting AYE, and (None) voting NAY; Absent: 1. THE MOTION Passed. Minutes – Regular City Council Meeting December 07, 2015 Page 5 b. General i. RESOLUTION NO. 2015-R-76 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL APPROVING A NEW PROFESSIONAL SERVICES AGREEMENT WITH SAFEBUILT INC. FOR BUILDING SERVICES Andy Firestine, Director of Community Development, presented; 8:16 PM. Consensus to move forward with enhanced services as presented. Council Member Turley moved approval of RESOLUTION NO. 2015-R-76 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL APPROVING A NEW PROFESSIONAL SERVICES AGREEMENT WITH SAFEBUILT INC. FOR BUILDING SERVICES. Council Member Truhlar seconded the motion. With Mayor Noon, Council Member Gardner, Council Member Moon, Council Member Piko, Council Member Turley, Council Member Truhlar, Council Member Gotto, Council Member Whelan voting AYE, and (None) voting NAY; Absent: 1. THE MOTION Passed. ii. RESOLUTION NO. 2015-R-82, 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 2016 AND 2017 PROJECTS AND AUTHORIZING THE USE OF OPEN SPACE FUNDS Daniel Krzyzanowski, Principal Planner, presented; 8:23 PM. Lynne Cornell, APRD, answered questions from Council. Council Member Gardner moved approval of RESOLUTION NO. 2015-R-82, 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 2016 AND 2017 PROJECTS AND AUTHORIZING THE USE OF OPEN SPACE FUNDS. Council Member Moon seconded the motion. With Mayor Noon, Council Member Gardner, Council Member Moon, Council Member Piko, Council Member Turley, Council Member Truhlar, Council Member Gotto, Council Member Whelan voting AYE, and (None) voting NAY; Absent: 1. THE MOTION Passed. iii. RESOLUTION NO. 2015-R-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING A COUNCIL POLICY FOR MEDIAN OWNERSHIP TRANSFER AND ACEPTANCE Council Member Whelan presented; 8:27 PM. Council Member Whelan moved approval of RESOLUTION NO. 2015-R-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING A Minutes – Regular City Council Meeting December 07, 2015 Page 6 COUNCIL POLICY FOR MEDIAN OWNERSHIP TRANSFER AND ACCEPTANCE. Council Member Truhlar seconded the motion. With Mayor Noon, Council Member Gardner, Council Member Moon, Council Member Piko, Council Member Turley, Council Member Truhlar, Council Member Gotto, Council Member Whelan voting AYE, and (None) voting NAY; Absent: 1. THE MOTION Passed. 13. Consideration of Other Items a. Public Hearings i. Appeal of Planning and Zoning Commission Decision on 4444 E Maplewood Ave Height Variance request (LU-15-00250) Marcus McAskin, Deputy City Attorney, introduced the process of the appeal; 8:42 PM. Jack Forhan, attorney, spoke on behalf of the applicants, Tien Bui and Blair Madden Bui. Andy Firestine, Director of Community Development, spoke on behalf of the City. Council Member Piko moved to hold an Executive Session Pursuant to C.R.S. § 24-6-402(4)(b) for the purpose of receiving legal advice on specific legal questions concerning the procedures, processes, or form of decision in this matter. Council Member Moon seconded the motion. With Mayor Noon, Council Member Gardner, Council Member Moon, Council Member Piko, Council Member Turley, Council Member Truhlar, Council Member Gotto, Council Member Whelan voting AYE, and (None) voting NAY; Absent: 1. THE MOTION Passed. Council Member Piko moved to reverse the Planning and Zoning Commission’s decision on the variance application LU-15-00250 made at a public hearing conducted on October 28, 2015 because the evidence presented in this case shows that there was an abuse of discretion or that the decision is not supported by the facts; and to approve the variance application based on a finding that the variance application meets the variance criteria contained in Section 12-14- 801(F) of the LDC on that condition that the Owners submit a building permit application to the City’s Building Department within forty five (45) calendar days of the date of the written decision issued in accordance with Section 12-14-802(H) of the LDC, such building permit application to be accompanied by drawings stamped by a professional engineer to ensure that the existing accessory structure would be completed in a safe manner. Council Member Truhlar seconded the motion. With Mayor Noon, Council Member Gardner, Council Member Moon, Council Member Piko, Council Member Turley, Council Member Truhlar, Council Member Gotto, Council Member Whelan voting AYE, and (None) voting NAY; Absent: 1. THE MOTION Passed. GENERAL BUSINESS 14. Other Matters as May Come Before Council; 9:46 PM Council Member Gotto discussed the speed limit along Dry Creek Road and concerns with the amounts of speeding tickets issued. Asked for consensus to instruct staff to conduct a traffic study on that stretch of road. Minutes – Regular City Council Meeting December 07, 2015 Page 7 15. Reports a. City Manager; 9:54 PM John Danielson, City Manager, made a brief report. b. City Attorney (None) c. City Clerk; 9:56 PM Barbara Setterlind, City Clerk, made a brief report. d. Council Members; 9:57 PM Council Members Whelan, Piko, Gotto, Gardner, Moon and Turley made brief reports. 16. Mayor's Report and Comments; 10:07 PM Mayor Noon made a brief report. 17. Executive Session (None) 18. Adjourn There being no further business to discuss, the Regular Meeting was adjourned at 10:11 PM. Respectfully Submitted, _______________________ Barbara Setterlind, City Clerk