Regular City Council Meeting

Name: Regular City Council Meeting — Centennial, CO
Start: 2017-11-13T00:00:00
End: 2017-11-13T02:00:00
Location: Centennial, CO

Regular Meeting

Centennial, CO · November 13, 2017

Agenda Packet Minutes

Minutes

MINUTES OF THE CENTENNIAL CITY COUNCIL Regular City Council Meeting 7:00 PM Monday, November 13, 2017 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 Moon Council Member Piko Council Member Lucas Council Member Turley Council Member Truhlar Council Member Gotto Council Member Whelan Council Member Penaloza Those absent were: None Also present were: Matt Sturgeon, City Manager Bob Widner, City Attorney Elisha Thomas, Deputy City Manager Jennifer Madsen, Assistant City Attorney Chris Price, Assistant City Attorney Eric Eddy, Assistant to the City Manager Sheri Chadwick, Director of Communications Craig Faessler, Project Manager Steve Greer, Director of Community Development Michael Gradis, Planner II Barbara Setterlind, City Clerk Ebony Vivens, Deputy City Clerk 3. Pledge of Allegiance Mayor Noon led the Pledge of Allegiance. 4. Scheduled Presentations (None) 5. Consideration of Communications, Proclamations and Appointments Minutes – Regular City Council Meeting November 13, 2017 Page 2 DISCUSSION AGENDA 6. Consideration of Land Use Cases a. Public Hearings i. ORDINANCE NO. 2017-O-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO REZONING CERTAIN PROPERTY LOCATED WEST OF SOUTH JORDAN ROAD AND NORTH OF EAST FREMONT AVENUE FROM INDUSTRIAL (I) TO BUSINESS PARK (BP50) UNDER THE 2011 LAND DEVELOPMENT CODE, AND AMENDING THE OFFICIAL ZONING MAP AND AUTHORIZING THE CITY MANAGER TO CONSENT TO THE AMENDMENT OF COVENANTS, CONDITIONS, AND RESTRICTIONS AFFECTING THE REZONED PROPERTY Michael Gradis, Planner II, presented; 7:06 PM. Davis Strohfus, Director of planning, Cherry Creek School District, made a presentation on behalf of the applicant. Mayor Noon opened the Public Hearing; seeing no one present to speak, the Public Hearing was closed. Motion to Approve ORDINANCE NO. 2017-O-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO REZONING CERTAIN PROPERTY LOCATED WEST OF SOUTH JORDAN ROAD AND NORTH OF EAST FREMONT AVENUE FROM INDUSTRIAL (I) TO BUSINESS PARK (BP50) UNDER THE 2011 LAND DEVELOPMENT CODE, AND AMENDING THE OFFICIAL ZONING MAP AND AUTHORIZING THE CITY MANAGER TO CONSENT TO THE AMENDMENT OF COVENANTS, CONDITIONS, AND RESTRICTIONS AFFECTING THE REZONED PROPERTY. Council Member Turley 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, Council Member Penaloza voting AYE, and (None) voting NAY; Absent: 0. THE MOTION Passed. 7. Consideration of Ordinances a. Public Hearings i. ORDINANCE NO. 2017-O-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO ADDING A NEW ARTICLE 9 TO CHAPTER 11 CONCERING THE REMOVAL OF SNOW FROM SIDEWALKS ON OR ADJACENT TO COMMERCIAL PROPERTY ADJACENT TO OR ABUTTING DESIGNATED ARTERIAL ROADWAYS OF THE CITY AND PROVIDING PENALTY FOR VIOLATIONS OF THOSE PROVISIONS, AND REPEALING AND REPLACING SECTION 7- 1-60(e) Minutes – Regular City Council Meeting November 13, 2017 Page 3 Craig Faessler, Project Manager, presented; 7:31 PM. Mayor Noon opened the Public Hearing; seeing no one present wishing to speak, the Public Hearing was closed. Council Member Piko moved to Approve ORDINANCE NO. 2017-O-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO ADDING A NEW ARTICLE 9 TO CHAPTER 11 CONCERING THE REMOVAL OF SNOW FROM SIDEWALKS ON OR ADJACENT TO COMMERCIAL PROPERTY ADJACENT TO OR ABUTTING DESIGNATED ARTERIAL ROADWAYS OF THE CITY AND PROVIDING PENALTY FOR VIOLATIONS OF THOSE PROVISIONS, AND REPEALING AND REPLACING SECTION 7-1- 60(e). Council Member Truhlar 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, Council Member Penaloza voting AYE, and (None) voting NAY; Absent: 0. THE MOTION Passed. CONSENT AGENDA Council Member Moon requested to move item 8.b. Resolution No, 2017-R-47 to the Discussion Agenda. Council Member Piko Moved to Approve CONSENT AGENDA with the exception of Resolution No, 217-R-47 which was moved to the Discussion Agenda. Council Member Truhlar 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, Council Member Penaloza voting AYE, and (None) voting NAY; Absent: 0. THE MOTION Passed. 8. Consideration of Ordinances on First Reading a. ORDINANCE NO. 2017-O-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, AMENDING SECTION 8-1- 30 OF THE CENTENNIAL MUNICIPAL CODE CONCERNING MISUSE OF WIRELESS TELEPHONE AND THE PENALTIES FOR VIOLATION THERFOR 9. Consideration of Resolutions a. RESOLUTION NO. 2017-R-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, APPROVING A FUNDING AGREEMENT WITH THE HIGH LINE CANAL CONSERVANCY FOR THE HIGH LINE CANAL FRAMEWORK PLAN b. RESOLUTION NO. 2017-R-47 A RESOLUTION OF THE CITY COUNCILOF THE CITY OF CENTENNIAL, COLORADO RATIFYING THE APPROVAL OF THE DRY CREEK EMERGENCY CENTER SITE PLAN, CASE NO. LU- 16-00285 (Moved to Discussion Agenda) Minutes – Regular City Council Meeting November 13, 2017 Page 4 c. RESOLUTION NO. 2017-R-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, APPROVING A 2018 INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COUNTY AND THE CITY OF CENTENNIAL FOR LAW ENFORCEMENT AND PUBLIC SAFETY SERVICES (Thomas/Juran/Eddy) 10. Consideration of Other Items a. Minutes i. Study Session November 6, 2017 ii. Regular Meeting November 6, 2017 11. Public Comment James Austin, 8178 S. Harrison Way, asked Council to look at allowing ducks to be kept in the City as pets. Kylie Brown, 8153 S Niagara Court, wanted more information about the GO Centennial program and Lyft and inquired expanding the program. Bob Widner, City Attorney, made a comment regarding the process of ratification of site plans. Mary Sevoy, 4033 E Geddes Circle, asked Council to have a Public Hearing regarding the ratification of the ER Site Plan and discussed traffic issues in the area. Ken Anderson, 4000 E Geddes Circle, asked Council to have a Public Hearing regarding the ratification of the ER Site Plan and discussed traffic issues in the area. Susan Krems, 7283 S. Harrison Way, asked Council to have a Public Hearing regarding the ratification of the ER Site Plan and discussed traffic issues in the area. Phil Deaudrea, 7774 S Jackson, asked Council to have a Public Hearing regarding the ratification of the ER Site Plan and discussed traffic issues in the area. Bill Gail, 7161 S Harrison Court, asked Council to have a Public Hearing regarding the ratification of the ER Site Plan and discussed traffic issues in the area. Kalin Ivany, 7654 S. Harrison Way, asked Council to have a Public Hearing regarding the ratification of the ER Site Plan and discussed traffic issues in the area. Marjorie Well, 4051 E. Hinsdale Circle, asked Council to have a Public Hearing regarding the ratification of the ER Site Plan and discussed traffic issues in the area. Douglas Pooley, 8199 S Madison Way, asked Council to have a Public Hearing and felt a citizen’s initiative to not allow these types of businesses in the City may be necessary. Karl Ferguson, 3852 E Geddes Avenue, asked Council to have a Public Hearing regarding the ratification of the ER Site Plan and discussed traffic issues in the area. Minutes – Regular City Council Meeting November 13, 2017 Page 5 12. Consideration of Resolutions a. RESOLUTION NO. 2017-R-47 A RESOLUTION OF THE CITY COUNCILOF THE CITY OF CENTENNIAL, COLORADO RATIFYING THE APPROVAL OF THE DRY CREEK EMERGENCY CENTER SITE PLAN, CASE NO. LU- 16-00285 Michael Gradis, Planner II, answered questions from Council. Council Member Moon Moved to direct staff to set a Public Hearing on DECEMBER 11, 2017 for Consideration of THE DRY CREEK EMERGENCY CENTER SITE PLAN, CASE NO. LU-16- 00285, IN ACCORDANCE WITH SECTION 12-14-312(D) OF THE LAND DEVELOPMENT CODE AND TO PROVIDE ALL REQUIRED NOTICE FOR SUCH PUBLIC HEARING AND TO ALLOW AT THE PUBLIC HEARING TESTIMONY CONCERNING THE SITE PLAN’S CONFORMANCE WITH THE REQUIREMENTS FOR SITE PLANS. Council Member Penaloza seconded the motion. With Council Member Moon, Council Member Whelan, Council Member Penaloza voting AYE, and Mayor Noon, Council Member Turley, Council Member Truhlar, Council Member Lucas, Council Member Gotto and Council Member Piko voting NAY; Absent: 0. THE MOTION Failed. Council Member Piko Moved to Approve ratification of RESOLUTION NO. 2017-R-47, A RESOLUTION RATIFYING THE APPROVAL OF THE DRY CREEK EMERGENCY CENTER SITE PLAN, CASE NO. LU-16-00285. Council Member Truhlar 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 Penaloza voting NAY; Absent: 0. THE MOTION Passed. 13. Consideration of Other Items a. General i. Request for Two Volunteers for the Ad-Hoc Appointment Committee for the Budget Committee; 9:26 PM Council Members Lucas and Gotto volunteered for the appointment committee. GENERAL BUSINESS 14. Other Matters as May Come Before Council; 9:26 PM a. Cherry Creek Basin Water Quality Authority and SEMSWA Update Council Member Piko, presented. b. Other Matters Council Member Gotto asked for suggestions from the City Attorney and other Council Members about responses to citizens asking about the ER Site Plan Ratification. Bob Widner, City Minutes – Regular City Council Meeting November 13, 2017 Page 6 Attorney, stated responses to citizens should be prepared reply from all, either written by Council or with help by staff. Council Member Truhlar asked for consensus to visit the procedure about ratification of site plans process before City Council. Mr. Widner and Mr. Sturgeon suggested ways to accomplish this and stated staff will bring for discussion at a later date. 15. Reports a. City Manager; 9:50 PM Matt Sturgeon, City Manager, gave a report. b. City Attorney; 9:51 PM Bob Widner, City Attorney, gave a report. c. City Clerk (None) d. Council Members; 9:59 PM. Council Members Turley and Moon gave reports. 16. Mayor's Report and Comments; 9:59 PM Mayor Noon made a report. 17. Executive Session (None) 18. Adjourn There being no further business to discuss, the Regular Meeting was adjourned at 10:03 PM. Respectfully Submitted, _______________________ Barbara Setterlind, City Clerk

Agenda

November 13, 2017 Regular City Council Meeting, 7:00 PM The meeting will commence at the end of the Foxridge General Improvement District Meeting, but in no event will it begin earlier than 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. 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 (None) 6. Consideration of Communications, Proclamations and Appointments (None) Agenda – Regular City Council Meeting November 13, 2017 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. 2017-O-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, AMENDING SECTION 8-1-30 OF THE CENTENNIAL MUNICIPAL CODE CONCERNING MISUSE OF WIRELESS TELEPHONE AND THE PENALTIES FOR VIOLATION THERFOR (This item is scheduled for Public Hearing on December 4, 2017, therefore no Public Comment will be accepted at tonight’s meeting) (Madsen/Thompson) 8. Consideration of Resolutions a. RESOLUTION NO. 2017-R-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, APPROVING A FUNDING AGREEMENT WITH THE HIGH LINE CANAL CONSERVANCY FOR THE HIGH LINE CANAL FRAMEWORK PLAN (Houlne) b. RESOLUTION NO. 2017-R-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO RATIFYING THE APPROVAL OF THE DRY CREEK EMERGENCY CENTER SITE PLAN, CASE NO. LU-16-00285 (Gradis) c. RESOLUTION NO. 2017-R-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, APPROVING A 2018 INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COUNTY AND THE CITY OF CENTENNIAL FOR LAW ENFORCEMENT AND PUBLIC SAFETY SERVICES (Thomas/Juran/Eddy) 9. Consideration of Other Items a. Minutes i. Study Session November 6, 2017 ii. Regular Meeting November 6, 2017 Agenda – Regular City Council Meeting November 13, 2017 Page 3 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. ORDINANCE NO. 2017-O-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO REZONING CERTAIN PROPERTY LOCATED WEST OF SOUTH JORDAN ROAD AND NORTH OF EAST FREMONT AVENUE FROM INDUSTRIAL (I) TO BUSINESS PARK (BP50) UNDER THE 2011 LAND DEVELOPMENT CODE, AND AMENDING THE OFFICIAL ZONING MAP AND AUTHORIZING THE CITY MANAGER TO CONSENT TO THE AMENDMENT OF COVENANTS, CONDITIONS, AND RESTRICTIONS AFFECTING THE REZONED PROPERTY (Gradis) 11. Consideration of Ordinances a. Public Hearings i. ORDINANCE NO. 2017-O-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO ADDING A NEW ARTICLE 9 TO CHAPTER 11 CONCERING THE REMOVAL OF SNOW FROM SIDEWALKS ON OR ADJACENT TO COMMERCIAL PROPERTY ADJACENT TO OR ABUTTING DESIGNATED ARTERIAL ROADWAYS OF THE CITY AND PROVIDING PENALTY FOR VIOLATIONS OF THOSE PROVISIONS, AND REPEALING AND REPLACING SECTION 7-1-60(e) (Firestine) 12. Consideration of Resolutions (None) 13. Consideration of Other Items a. General i. Request for Two Volunteers for the Ad-Hoc Appointment Committee for the Budget Committee (Setterlind) Agenda – Regular City Council Meeting November 13, 2017 Page 4 GENERAL BUSINESS 14. Other Matters as May Come Before Council a. Cherry Creek Basin Water Quality Authority and SEMSWA Update (Council Member Piko) 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 303-754-3324 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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