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Regular City Council Meeting

Regular Meeting

Centennial, CO · February 1, 2021

AgendaPacketMinutes

Minutes

MINUTES OF THE CENTENNIAL CITY COUNCIL Regular City Council Meeting 7:00 PM Monday, February 1, 2021 A Regular Meeting of the City Council was held on this date in the Virtual Meeting 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 Piko called the meeting to order at 7:00 PM. 2 Roll Call Those present were: Mayor Piko Council Member Moon Council Member Sweetland Council Member Maurer Council Member Sutherland Council Member Holt Council Member Alston Council Member Turley Council Member Sheehan Those absent were: None Also present were: Matt Sturgeon, City Manager Robert Widner, City Attorney Maureen Juran, Deputy City Attorney Jennifer Madsen, Senior Assistant Attorney Christy Ausmus, City Prosecutor Elisha Thompson, Deputy City Manager Eric Eddy, Assistant City Manager Ryan Thompson, Neighborhood Services Manager Allison Wittern, Director of Communications Jenna Campbell, Planner II Michael Gradis, Senior Planner Jeff Cadiz, Revenue Manager Christina Cooney, Deputy City Clerk 3 Pledge of Allegiance Mayor Piko Led the Pledge of Allegiance. Minutes – Regular City Council Meeting 2/1/2021 7:00:00 PM Page 2 4 Public Comment; 6:03 PM Crystal Gillis, NAACP, gave comments in support of repealing the Minors in Possession Ordinance. Dr. Janice Mackey, YASPA, gave comments in support of repealing the Minors in Possession Ordinance. Maura Prosser, Tri-County Health Department, gave comments in support of repealing the Minors in Possession Ordinance. Omar Montgomery, NAACP, gave comments in support of repealing the Minors in Possession Ordinance. Stephanie Gallegos, NAACP, gave comments in support of repealing the Minors in Possession Ordinance. 5 Scheduled Presentations (None) 6 Consideration of Communications, Proclamations and Appointments (None) CONSENT AGENDA Council Member Sutherland moved to Approve CONSENT AGENDA. Council Member Turley seconded the motion. With Mayor Piko, Council Member Moon, Council Member Turley, Council Member Alston, Council Member Maurer, Council Member Sutherland, Council Member Sheehan, Council Member Sweetland, Council Member Holt voting AYE, and (None) voting NAY; Absent: 0. THE MOTION Passed. 7 Consideration of Ordinances on First Reading a ORDINANCE 2021-O-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, AMENDING ARTICLE 1 OF CHAPTER 4 OF THE CENTENNIAL MUNICIPAL CODE GOVERNING SALES AND USE TAX, TO ADOPT THE COLORADO MUNICIPAL LEAGUE ECONOMIC NEXUS AND MARKETPLACE FACILITATOR MODEL ORDINANCE 8 Consideration of Resolutions (None) 9 Consideration of Other Items a Study Session January 19, 2021 b Regular Meeting January 19, 2021 DISCUSSION AGENDA 10 Consideration of Land Use Cases Minutes – Regular City Council Meeting 2/1/2021 7:00:00 PM Page 3 a Public Hearings; 7:53 PM i RESOLUTION 2021-R-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, APPROVING A CONDITIONAL USE APPLICATION FOR THE OPERATION OF 24-HOUR COMMERCIAL RETAIL AT 11901 EAST ARAPAHOE ROAD (CASE NUMBER COND-20-00001) Jenna Campbell, Planner II, and Krysta Houtchens, EES Applicant, presented. Dan Garneau, EES Applicant, and Rob Fiebig, KG Broker, provided clarifying comments. Mayor Piko opened the public hearing. Andrea Suhaka, 6864 S. Ulster Circle Centennial, CO 80112, gave comments in opposition. Frank Middlton, gave comments in opposition. Council Member Sutherland moved to Approve RESOLUTION 2021-R-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, APPROVING A CONDITIONAL USE APPLICATION FOR THE OPERATION OF 24-HOUR COMMERCIAL RETAIL AT 11901 EAST ARAPAHOE ROAD (CASE NUMBER COND-20-00001. Council Member Maurer seconded the motion. With Mayor Piko, Council Member Moon, Council Member Turley, Council Member Alston, Council Member Maurer, Council Member Sutherland, Council Member Sheehan, Council Member Sweetland, Council Member Holt voting AYE, and (None) voting NAY; Absent: 0. THE MOTION Passed. 11 Consideration of Ordinances a Public Hearings; 9:13 PM i ORDINANCE 2021-O-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, AMENDING PROVISIONS OF ARTICLES 1 AND 2 OF CHAPTER 2, AND SECTIONS 1-4-10, 7-7-50, 7-7-420, AND 10-9-20 OF THE CENTENNIAL MUNICIPAL CODE CONCERNING OPERATIONS OF THE CENTENNIAL MUNICIPAL COURT Jennifer Madsen, Senior Assistant Attorney, and Christy Ausmus, City Prosecutor, presented. Mayor Piko opened the Public Hearing, seeing no one wishing to speak, the Public Hearing was closed. Council Member Sutherland moved to Approve ORDINANCE 2021-O-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, AMENDING PROVISIONS OF ARTICLES 1 AND 2 OF CHAPTER 2, AND SECTIONS 1-4-10, 7-7-50, 7-7- 420, AND 10-9-20 OF THE CENTENNIAL MUNICIPAL CODE CONCERNING OPERATIONS OF THE CENTENNIAL MUNICIPAL COURT. Council Member Alston seconded the motion. Minutes – Regular City Council Meeting 2/1/2021 7:00:00 PM Page 4 With Mayor Piko, Council Member Moon, Council Member Turley, Council Member Alston, Council Member Maurer, Council Member Sutherland, Council Member Sheehan, Council Member Sweetland, Council Member Holt voting AYE, and (None) voting NAY; Absent: 0. THE MOTION Passed. 12 Consideration of Resolutions (None) 13 Consideration of Other Items a Mayor Pro Tem Nominations; 9:33 PM Council Member Sweetland moved to nominate Council Member Maurer as Mayor Pro Tem, Council Member Sutherland seconded the nomination. Council Member Sheehan moved to nominate Council Member Turley as Mayor Pro Tem, Council Member Holt seconded the nomination. The nominated Council Members will accept the nomination and a vote will be taken at the February 16, 2021 Regular Council Meeting. Mayor Piko closed nominations. GENERAL BUSINESS 14 Other Matters as May Come Before Council; 9:36 PM Mayor Piko address social media use, staff was instructed to bring the topic back before Council. 15 Reports a City Manager; 9:42 PM Matt Sturgeon gave a report. b City Clerk (None) c Council Members; 9:49 PM Council Member Moon, Turley, Sweetland, Maurer, Sutherland, Holt, Alston, and Sheehan gave a report. 16 Mayor's Report and Comments; 10:17 PM Mayor Piko gave a report. 17 Executive Session (None) 18 Adjourn There being no further business to discuss, the Regular Meeting was adjourned at 10: 24 PM. Minutes – Regular City Council Meeting 2/1/2021 7:00:00 PM Page 5 Respectfully Submitted, _______________________ Barbara Setterlind, City Clerk

Agenda

February 1, 2021 7:00 PM Regular City Council Meeting Virtual Meeting City Council will be meeting, remotely, to conduct this meeting. You may access the live audio streaming of this meeting via the City’s website at: https://www.centennialco.gov/Government/Mayor-Council/City-Council-Meetings/Agendas- Minutes AGENDA Meeting Protocols: PLEASE MUTE YOURSELF WHEN ENTERING THE PUBLIC MEETING. 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 Public Comment: Click here to join meeting to make public comment remotely via computer, ipad or iphone or For higher quality, dial a number based on your current location. Dial: +1 253 215 8782 or +1 346 248 7799 or +1 669 900 9128 or +1 301 715 8592 or +1 312 626 6799 or +1 646 558 8656 Webinar ID: 922 9068 3899 Technical ccooney@centennialco.gov or glux@centennialco.gov Difficulties: 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 Agenda – Regular City Council Meeting 2/1/2021 7:00:00 PM Page 2 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) 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 2021-O-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, AMENDING ARTICLE 1 OF CHAPTER 4 OF THE CENTENNIAL MUNICIPAL CODE GOVERNING SALES AND USE TAX, TO ADOPT THE COLORADO MUNICIPAL LEAGUE ECONOMIC NEXUS AND MARKETPLACE FACILITATOR MODEL ORDINANCE (Cadiz/Juran) (This item is proposed for Public Hearing on March 1, 2021, therefore no public comment will be accepted at tonight’s meeting.) 8 Consideration of Resolutions (None) 9 Consideration of Other Items a Minutes i Study Session January 19, 2021 ii Regular Meeting January 19, 2021 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 offical 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 Agenda – Regular City Council Meeting 2/1/2021 7:00:00 PM Page 3 i RESOLUTION 2021-R-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, APPROVING A CONDITIONAL USE APPLICATION FOR THE OPERATION OF 24-HOUR COMMERCIAL RETAIL AT 11901 EAST ARAPAHOE ROAD (CASE NUMBER COND- 20-00001 (Campbell) Public Comment: Click here to join meeting to make public comment remotely via computer, ipad or iphone or For higher quality, dial a number based on your current location. Dial: +1 253 215 8782 or +1 346 248 7799 or +1 669 900 9128 or +1 301 715 8592 or +1 312 626 6799 or +1 646 558 8656 Webinar ID: 922 9068 3899 Technical ccooney@centennialco.gov or glux@centennialco.gov Difficulties: 11 Consideration of Ordinances a Public Hearings i ORDINANCE 2021-O-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, AMENDING PROVISIONS OF ARTICLES 1 AND 2 OF CHAPTER 2, AND SECTIONS 1-4-10, 7-7-50, 7-7-420, AND 10-9-20 OF THE CENTENNIAL MUNICIPAL CODE CONCERNING OPERATIONS OF THE CENTENNIAL MUNICIPAL COURT (Madsen/Ausmus) Public Comment: Click here to join meeting to make public comment remotely via computer, ipad or iphone or For higher quality, dial a number based on your current location. Dial: +1 253 215 8782 or +1 346 248 7799 or +1 669 900 9128 or +1 301 715 8592 or +1 312 626 6799 or +1 646 558 8656 Webinar ID: 922 9068 3899 Technical ccooney@centennialco.gov or glux@centennialco.gov Difficulties: 12 Consideration of Resolutions (None) 13 Consideration of Other Items Agenda – Regular City Council Meeting 2/1/2021 7:00:00 PM Page 4 a Mayor Pro Tem Nominations (Piko) GENERAL BUSINESS 14 Other Matters as May Come Before Council 15 Reports a City Manager b City Clerk c Council Members 16 Mayor's Report and Comments 17 Executive Session (None) 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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