Regular Meeting

Name: Regular Meeting — Centennial, CO
Start: 2019-11-18T19:00:00
End: 2019-11-18T21:00:00
Location: Centennial, CO

Centennial, CO · November 18, 2019

Agenda Packet Minutes

Minutes

MINUTES OF THE CENTENNIAL CITY COUNCIL Regular City Council Meeting 7:00 PM Monday, November 18, 2019 A Regular Meeting of the City Council was held on this date in the 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 Piko called the meeting to order at 7:04 PM. 2 Roll Call Those present were: Mayor Piko Council Member Moon Council Member Turley Council Member Maurer Council Member Lucas Council Member Sutherland Council Member Alston Council Member Weidmann Those absent were: Council Member Penaloza Also present were: Elisha Thomas, Deputy City Manager Bob Widner, City Attorney Jill Hassman, Assistant City Attorney Eric Eddy, Director of Strategic Initiatives Doug Farman, Finance Director Neil Marciniak, Economic Development Manager Steve Greer, Community Development Director Jeff Dankenbring, Director of Public Works Allison Wittern, Communications Director Jenny Houlne, Principal Planner Barbara Setterlind, City Clerk Ebony Vivens, Deputy City Clerk 3 Pledge of Allegiance Mayor Piko led the Pledge of Allegiance. 4 Public Comment Minutes – Regular City Council Meeting 11/18/2019 7:00:00 PM Page 2 Sarah and Shawn Walter, 5210 E Arapahoe Road, discussed their Vape shop in the City and asked Council not to ban flavored vape products. Andrew Spaulding, 1019 E Easter Way, discussed pets with owners living in Apartments. Bob Doyle, 16166 E Progress Place, thanks for bringing forward Ordinance to ban smoking in parks. Ron Castagna, 5403 S Idalia Way, supports 2019-O-30. 5 Scheduled Presentations (None) 6 Consideration of Communications, Proclamations and Appointments (None) CONSENT AGENDA Council Member Lucas moved to Approve CONSENT AGENDA. Council Member Turley seconded the motion. With Council Member Maurer, Council Member Alston, Council Member Sutherland, Council Member Moon, Council Member Lucas, Council Member Turley, Council Member Weidmann, Mayor Piko voting AYE, and (None) voting NAY; Absent: 1. THE MOTION Passed. 7 Consideration of Ordinances on First Reading a ORDINANCE NO. 2019-O-28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING CHAPTER 7, ARTICLE 7 OF THE MUNICIPAL CODE CONCERNING DOGS RUNNING AT LARGE AND AMENDING CHAPTER 12 OF THE MUNICIPAL CODE (LAND DEVELOPMENT CODE) CONCERNING DOG PARK DEVELOPMENT PERMITS ON FIRST READING b ORDINANCE 2019-O-32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING SECTIONS 11-7-30 AND 11-7-40 OF THE CENTENNIAL MUNICIPAL CODE PROHIBITING SMOKING OR VAPING WITHIN ANY AREAS OF THE CENTENNIAL CENTER PARK AND PARKER JORDAN OPEN SPACE, RESPECTIVELY, AND AMENDING ARTICLE 6 OF CHAPTER 10 OF THE CENTENNIAL MUNICIPAL CODE TO INCREASE THE AREAS WHERE SMOKING IN INDOOR PUBLIC PLACES IS PROHIBITED, AND SETTING PENALTIES FOR VIOLATIONS THEREOF, IN ORDER TO PROMOTE CLEAN INDOOR AIR c ORDINANCE NO. 2019-O-33 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, DECLARING THE ORGANIZATION OF THE WILLOW CREEK 1 & 2 GENERAL IMPROVEMENT DISTRICT 8 Consideration of Resolutions (None) 9 Consideration of Other Items Minutes – Regular City Council Meeting 11/18/2019 7:00:00 PM Page 3 a Minutes i Study Session November 4, 2019 ii Regular Meeting November 4, 2019 DISCUSSION AGENDA 10 Consideration of Land Use Cases a Public Hearings i ORDINANCE NO. 2019-O-27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE SECOND AMENDMENT TO THE JONES DISTRICT REGULATING PLAN AND APPROVING THE AMENDED AND RESTATED JONES DISTRICT DEVELOPMENT AGREEMENT Jenny Houlne, Principal Planner and Neil Marciniak, Economic Development Manager, presented; 8:08:04 PM. Chad Brue and David Tryba, applicants, presented. Mayor Piko opened the Public Hearing Neil Lipson, 8687 E Kettle Ave, expressed concerns with the Regulating Plan. Wendy Epstein, 8688 E Kettle Ave, thanks for involving neighbors in the focus group. Doug Greenholtz, representing IKEA, stated IKEA supported the development. Seeing no one else wishing to speak Mayor Piko Closed the Public Hearing. Council Member Lucas moved to Approve ORDINANCE NO. 2019-O-27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE SECOND AMENDMENT TO THE JONES DISTRICT REGULATING PLAN AND APPROVING THE AMENDED AND RESTATED JONES DISTRICT DEVELOPMENT AGREEMENT. Council Member Weidmann seconded the motion. With Council Member Maurer, Council Member Alston, Council Member Sutherland, Council Member Moon, Council Member Lucas, Council Member Turley, Council Member Weidmann, Mayor Piko voting AYE, and (None) voting NAY; Absent: 1. THE MOTION Passed. b General i RESOLUTION NO. 2019-R-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, CONDITIONALLY APPROVING THE AMENDED AND RESTATED JONES DISTRICT DEVELOPMENT INCENTIVE AND ESCROW AGREEMENT Neil Marciniack, Economic Development Manger, presented; 8:49:28 PM. Minutes – Regular City Council Meeting 11/18/2019 7:00:00 PM Page 4 Council Member Lucas moved to Approve RESOLUTION NO. 2019-R-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, CONDITIONALLY APPROVING THE AMENDED AND RESTATED JONES DISTRICT DEVELOPMENT INCENTIVE AND ESCROW AGREEMENT. Council Member Turley seconded the motion. With Council Member Maurer, Council Member Alston, Council Member Sutherland, Council Member Moon, Council Member Lucas, Council Member Turley, Council Member Weidmann, Mayor Piko voting AYE, and (None) voting NAY; Absent: 1. THE MOTION Passed. 11 Consideration of Ordinances a Public Hearings i ORDINANCE 2019-O-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, ADDING A NEW STREET FUND AND AMENDING SECTION 4-8- 20 OF THE MUNICIPAL CODE ENTITLED “SPECIAL FUNDS” Doug Farmen, Finance Director, presented; 9:16:45 PM. Mayor Piko opened the Public Hearing; seeing no one present wishing to speak, the public hearing closed. Council Member Lucas moved to Approve ORDINANCE 2019-O-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, ADDING A NEW STREET FUND AND AMENDING SECTION 4-8-20 OF THE MUNICIPAL CODE ENTITLED “SPECIAL FUNDS”. Council Member Sutherland seconded the motion. With Council Member Maurer, Council Member Alston, Council Member Sutherland, Council Member Moon, Council Member Lucas, Council Member Turley, Council Member Weidmann, Mayor Piko voting AYE, and (None) voting NAY; Absent: 1. THE MOTION Passed. ii ORDINANCE NO. 2019-O-31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING CHAPTER 12 OF THE MUNICIPAL CODE (LAND DEVELOPMENT CODE) CONCERNING SPACING REQUIREMENTS FOR GASOLINE STATION/CONVENIENCE, RESTAURANT, DRIVE-IN, RESTAURANT, DRIVE-THROUGH AND VEHICLE WASH USES AND DECLARING AN EMERGENCY Neil Marciniack, Economic Development Manager, presented; 9:31 PM. Mayor Piko opened the Public Hearing. James Kurtz-Phelan, 1700 Lincoln Street, attorney representing a client owning property. He expressed concerns with conflicts with a contract for sale his client has. Andrea Suhaka, 6864 S Ulster Circle, discussed concerns with the Ordinance. Seeing no one else wishing to speak, Mayor Piko closed the Public Hearing. Minutes – Regular City Council Meeting 11/18/2019 7:00:00 PM Page 5 Council Member Lucas moved to Approve ORDINANCE NO. 2019-O-31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING CHAPTER 12 OF THE MUNICIPAL CODE (LAND DEVELOPMENT CODE) CONCERNING SPACING REQUIREMENTS FOR GASOLINE STATION/CONVENIENCE, RESTAURANT, DRIVE-IN, RESTAURANT, DRIVE-THROUGH AND VEHICLE WASH USES AND DECLARING AN EMERGENCY. Council Member Alston seconded the motion. With Council Member Maurer, Council Member Alston, Council Member Sutherland, Council Member Lucas, Council Member Turley, Council Member Weidmann, Mayor Piko voting AYE, and Council Member Moon voting NAY; Absent: 1. THE MOTION Passed. 12 Consideration of Resolutions (None) 13 Consideration of Other Items GENERAL BUSINESS 14 Other Matters as May Come Before Council 15 Reports a City Manager; 9:42 PM Mat Sturgeon, City Manager, made a report. b City Clerk; 9:44 PM Barbara Setterlind, City Clerk, made a report. c Council Members Moved to Study Session 16 Mayor's Report and Comments Moved to Study Session 17 Executive Session (None) 18 Adjourn There being no further business to discuss, the Regular Meeting was adjourned at 9:50 PM. Respectfully Submitted, _______________________ Barbara Setterlind, City Clerk

Agenda

November 18, 2019 7:00 PM Regular City Council Meeting 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) 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. Agenda – Regular City Council Meeting 11/18/2019 7:00:00 PM Page 2 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. 2019-O-28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING CHAPTER 7, ARTICLE 7 OF THE MUNICIPAL CODE CONCERNING DOGS RUNNING AT LARGE AND AMENDING CHAPTER 12 OF THE MUNICIPAL CODE (LAND DEVELOPMENT CODE) CONCERNING DOG PARK DEVELOPMENT PERMITS ON FIRST READING (This item is scheduled for Public Hearing on December 9, 2019, therefore no Public Comment will be accepted at tonight’s meeting) (Grimsman) b ORDINANCE 2019-O-32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING SECTIONS 11-7-30 AND 11-7-40 OF THE CENTENNIAL MUNICIPAL CODE PROHIBITING SMOKING OR VAPING WITHIN ANY AREAS OF THE CENTENNIAL CENTER PARK AND PARKER JORDAN OPEN SPACE, RESPECTIVELY, AND AMENDING ARTICLE 6 OF CHAPTER 10 OF THE CENTENNIAL MUNICIPAL CODE TO INCREASE THE AREAS WHERE SMOKING IN INDOOR PUBLIC PLACES IS PROHIBITED, AND SETTING PENALTIES FOR VIOLATIONS THEREOF, IN ORDER TO PROMOTE CLEAN INDOOR AIR (This item is scheduled for Public Hearing on December 9, 2019, therefore no Public Comment will be accepted at tonight’s meeting) (Juran) c ORDINANCE NO. 2019-O-33 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, DECLARING THE ORGANIZATION OF THE WILLOW CREEK 1 & 2 GENERAL IMPROVEMENT DISTRICT (This item is scheduled for Public Hearing on December 9, 2019, therefore no Public Comment will be accepted at tonight’s meeting) (Fleming/Price) 8 Consideration of Resolutions (None) 9 Consideration of Other Items a Minutes i Study Session November 4, 2019 ii Regular Meeting November 8, 2019 Agenda – Regular City Council Meeting 11/18/2019 7:00:00 PM 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 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 i ORDINANCE NO. 2019-O-27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE SECOND AMENDMENT TO THE JONES DISTRICT REGULATING PLAN AND APPROVING THE AMENDED AND RESTATED JONES DISTRICT DEVELOPMENT AGREEMENT (Houlne/Marciniak) b General i RESOLUTION NO. 2019-R-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, CONDITIONALLY APPROVING THE AMENDED AND RESTATED JONES DISTRICT DEVELOPMENT INCENTIVE AND ESCROW AGREEMENT (Houlne/Marciniak) 11 Consideration of Ordinances a Public Hearings i ORDINANCE 2019-O-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, ADDING A NEW STREET FUND AND AMENDING SECTION 4-8-20 OF THE MUNICIPAL CODE ENTITLED “SPECIAL FUNDS” (Farmen) ii ORDINANCE NO. 2019-O-31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING CHAPTER 12 OF THE MUNICIPAL CODE (LAND DEVELOPMENT CODE) CONCERNING SPACING REQUIREMENTS FOR GASOLINE STATION/CONVENIENCE, RESTAURANT, DRIVE-IN, RESTAURANT, DRIVE-THROUGH AND VEHICLE WASH USES AND DECLARING AN EMERGENCY (Marciniak) 12 Consideration of Resolutions (None) Agenda – Regular City Council Meeting 11/18/2019 7:00:00 PM Page 4 13 Consideration of Other Items 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 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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