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City Council Meeting
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MINUTES OF PROCEEDINGS LITTLETON CITY COUNCIL March 5, 2013
The Littleton City Council met in regular session on Tuesday, March 5, 2013, in the Council
Chambers of the Littleton Center, 2255 West Berry Avenue. The regular meeting convened
at 6:00 p.m.
1.
Roll Call
THOSE
PRESENT:
MAYOR BRINKMAN MAYOR PRO TEM STAHLMAN COUNCIL MEMBER BECKMAN COUNCIL MEMBER CERNANEC COUNCIL MEMBER COLE COUNCIL MEMBER TAYLOR COUNCIL MEMBER VALDES THOSE
ABSENT:
ALSO
PRESENT:
None CITY MANAGER PENNY
DEPUTY CITY ATTORNEY SCHLEDORN
CITY CLERK HEFFNER
EXECUTIVE SESSION TO RECEIVE LEGAL ADVICE AND DISCUSS
A PERSONNEL ISSUE FOR THE CITY MANAGER
Motion PURSUANT TO C.R.S. §24­6­402(4)(B) FOR THE PURPOSES OF
RECEIVING LEGAL ADVICE REGARDING CONTRACT ISSUES AND
PURSUANT TO C.R.S. §24­6­402(4) (f) TO DISCUSS PERSONNEL ISSUES
WITH CITY MANAGER REGARDING HIS CONTRACT was moved by
MAYOR PRO TEM STAHLMAN and seconded by COUNCIL MEMBER
CERNANEC.
City Council discussed the motion. Motion TO AMEND THE MAIN MOTION TO SPLIT THE MOTION INTO
TWO MOTIONS, ONE FOR LEGAL ADVICE AND A SECOND MOTION
FOR THE PERSONNEL ISSUE was moved by COUNCIL MEMBER COLE
and the motion died for a lack of a second.
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Vote on the main motion
Ayes:
MAYOR BRINKMAN, MAYOR PRO TEM STAHLMAN,
COUNCIL MEMBER BECKMAN, COUNCIL MEMBER
CERNANEC, COUNCIL MEMBER COLE and COUNCIL
MEMBER TAYLOR. Nays:
COUNCIL MEMBER VALDES. Absent: None.
MOTION CARRIED: 6 to 1
2.
Pledge of Allegiance
3.
Agenda
The agenda for the March 5, 2013 City Council meeting was approved as presented. 4.
Minutes
a)
Minutes of Study Session February 5, 2013
4a­attachment
Council Member Cole asked what the procedure is for letters and emails
received by City Council Members the night of a Council meeting. Clerk
Heffner stated that all public comments are accepted into the record at the
Council meeting and then placed with the agenda item with the the legal copy of
the packet. Council Member Taylor amended the February 5, 2013 minutes, page 3, line
87. [Council Member Taylor reported the State Legislature passed SB 25,
which means the State would take away the City of Littleton's power of
collective bargaining with our firefighters. citizens right to choose for
themselves. It puts in jeopardy our agreement with our firefighters. The minutes for City Council meeting held on February 5, 2013 were approved
as amended. b)
Minutes of Regular Meeting February 19, 2013
4b­attachment
The minutes for City Council meeting held February 19 were approved as
submtted. 5.
Comments / Reports
a)
City Manager
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b)
Council Members
Council Member Beckman
Council Member Beckman thanked City staff for their quick fix to the broken
pipes associated with the Littleton Center boiler. Manager Penny closed the
Littleton Center due to the broken pipe, which triggered a relocation of fire and
police dispatch. It was a great excercise for dispatch to move locations, it was a
smooth transition and citizens were probably not aware of any changes to the
service. Council Member Cernanec
Council Member Cernanec reported on South Metro Denver Chamber of
Commerce's Legislative Action Committee. They received briefings on bills
during this legislative session. He also reported on the Economic Development
Group's meeting with the new chancellor, Donald Elliman, Jr., of CU Anschutz
medical Campus.
Council Member Cernanec reported on the DRCOG workshop, the agenda
included a review of the last year and the mission of DRCOG. Council Member Valdes
Council Member Valdes stated he appreciated the constant supply of
information provided by the City Clerk. Council Member Valdes thanked Deputy City Attorney Schledorn for
researching and providing answers to his questions at the last Council meeting. Council Member Valdes reported North Littleton Promise continues to serve the
north east neighborhood. Council Member Stahlman
Council Member Stahlman reported on his attendance at the joint meeting with
Englewood City Council to see the final presentation on from ESCI, the firm
that studied the possiblity of some level of interaction between Littleton Fire
Rescue, our fire partners and the Englewood Fire Department.
Council Member Stahlman reported on attending with Fire Chief Mullin and
Manager Penny a meeting with Gene Ebee, Littleton Fire Rescue Medical
Director, Littleton Hospital. Mr. Ebee provided an update on a parametic
community health program. Council Member Stahlman reported that Ray Koernig passed away. He offered
his condolances to the family. World Wildlife Federation Earth Hour at 8:30 p.m. on March 23. They are
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requesting citizens to turn off all non­essential lights. Council Member Taylor
Council Member Taylor reported on CML legislative meeting, policy meeting
and executive board meeting. DRCOG, Adult Resources for Care and Help ­ a group looking at various types
of providers and what they provide in the metro area, so the groups are not
duplicating the services. The funds for these programs could be spread
further. The program is also coordinating refugee programs and after­hospital
care.
Council Member Cole
Council Member Cole requested that when the Council has an executive session
at the beginning of a meeting if we could estimate on the agenda time the
executive session will take so citizens are aware of when they should show up to
speak or start to watching online or on TV again. Council Member Cole attended the Rocky Mountain West Annual
Leadership Symposium. She would like the entire City Council to attend next
year. The high point for her was the presentation by Peter Kageyama, who
wrote the book "For the Love of Cities": The love affair between people and
their places. Council Member Cole asked when the Museum fees would be brought back to
Council. Manager Penny stated this is scheduled for a study session on April
23. Council Member Cole spoke about the joint session with Englewood, there
were several things presented regarding stategies that might be undertaken
now. Council Member Cole stated that Littleton already has relationships with
Highlands Ranch Metro District and Littleton Fire Protection District, and could
there be discussion about moving in that direction with Englewood. Council
Member Cole requested this issue be discussed at a study session. c)
6.
Council President
Citizens Appearances
a)
Guest Citizens
b)
Scheduled public presentations
c)
Unscheduled public appearances* (limited to 4 minutes)
*Unscheduled appearances are an opportunity for any citizen to express opinions or
ask questions regarding city services, council policies, or other matters of community
concern that are not part of the scheduled agenda. Generally, an immediate response
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should not be expected. Typically issues are referred to city staff for follow­up
information or research and reported back to the council and the individual that
initiated the comment or inquiry.
Jose Trujillo, 5574 Huron St. Mr. Trujillo read an article from the Littleton Independant from 1976 regarding
parking in the downtown area. He stated he felt the new downtown developers
have never intended to provide parking for their downtown business. He stated
the developers should have to provide the parking required by the City code. Ben Burkett, 5730 S. Bemis Street
Mr. Burkett would like discussion on guidelines for TOD development. We
need to let the developers and citizens know what Littleton is going to
allow. He urges the City to develop a Station Area Plan to support TOD
development.
Gary Johnson ­ 5753 S. Prescott St. Mr. Johnson stated there was a TIZ (Transit impact zone) when he moved here. The TIZ has been removed from the process. We need goals, strategies, and
guidelines for rational development. Mr. Johnson requested the City conduct a
Station Area Study that considers the opportunities and involves the citizens,
merchants and users. He would like this completed before any futher
development is started within the original TIZ.
Frank Atwood, 7094 S. Costilla Street
Mr. Atwood asked that all public­private partnership discussions be postponed
until after the community has an opportunity to review the outstanding work of
the Riverfront Authority. Council Member Taylor is writing a Riverfront
Authority report. Mr. Atwood encouraged Council Member Taylor to enlist the
help of others to provide a complete report. Pam Chadborne, Crestline and Nevada
Ms. Chadborne stated there is a lot of development going on in the metro area. She is concerned the City is getting ready to overbuild apartments. The City
does not have a growth plan. She requested the City Council and staff perform
or aquire a market analysis of the greater Denver housing market.
Carol Brzezeck, 4th District
Ms. Brzezeck stated that at the November 6, 2012 City Council
meeting, Council convened an executive session at 8:00 p.m. to discuss
personnel issues regarding City Manager Michael Penny. At 10:09 p.m. Council reconvened the regular meeting and in the 4 remianing minutes of the
meeting a motion was made to increase Manager Penny's salary by $5,000
annually and the motion was approved 7­0, all without any discussion. This
means the discussion took place in the executive session. She sees two
violations of the open meetings law. The decision was reached in the executive
session and then voted on without discussion. Then on December 4, 2013, the
consent agenda had an item to approve an amendment to the City Manager's
contract. Mayor Brinkman was asked how the amendment came about; she
stated in an email it was decided on November 6 to amend the Manager's
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contract. The minutes of November 6 have no mention of an amendment. She
feels the amendment to the City Manager's contract and the approval of the
$5,000 are invalid and she would like City Council to start over and complete
the process in public. 7.
Consent Agenda Items Consent agenda items can be adopted by simple motion. All ordinances must be read by title prior to a vote on the motion. Any consent
agenda item may be removed at the request of a Council Member.
a)
IGA with Arapahoe County relating to community service case management
7a­attachment
Mayor Brinkman stated Arapahoe County has requested the renewal of the IGA
to provide community service case management for the City of Littleton which
expires on March 13, 2013. The City desires to renew this agreement under
Section 67 of the City Charter. The agreement provides that the County will provide case management for offenders ordered by the Littleton Municipal
Court to complete useful public service or community service hours. b)
Resolution supporting Grant Application for Euclid Middle School Playground Improvements
7b­attachment
Littleton Public Schools (LPS) is submitting an application to GOCO (Great
Outdoors Colorado) to fund significant playground improvements at Euclid
Middle School (EMS). Mayor Brinkman removed 7(b) from the consent agenda. c)
Ordinance on First Reading Designs by Sundown/Breckenridge Brewery
Rezoning from R­S to I­1, 6775 and 6855 S. Santa Fe Drive
7c­attachment
City Attorney read the ordinance by title. Council Member Valdes removed item 7(c) from the consent agenda. Motion TO APPROVE CONSENT AGENDA ITEM 7(a) was moved by
COUNCIL MEMBER CERNANEC and seconded by MAYOR PRO TEM
STAHLMAN.
Ayes:
MAYOR BRINKMAN, MAYOR PRO TEM STAHLMAN,
COUNCIL MEMBER BECKMAN, COUNCIL MEMBER
CERNANEC, COUNCIL MEMBER COLE, COUNCIL MEMBER
TAYLOR and COUNCIL MEMBER VALDES. Nays:
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Absent: None.
MOTION CARRIED: 7 to 0
b)
Resolution supporting Grant Application for Euclid Middle School Playground
Improvements
Mayor Brinkman requested an amendment to the resolution that the City of Littleton
pay the $25,000, out of the Conservation Trust, matching funds for the GOCO
application for Euclid Middle School.
Motion THAT THE LPS GRANT APPLICATION FOR PLAYGROUND
IMPROVEMENTS AT EUCLID MIDDLE SCHOOL BE APPROVED AND TO
AMEND THE RESOLUTION ADDING THE CITY OF LITTLETON WILL PAY
THE $25,000 MATCHING FUNDS OUT OF THE CONSERVATION TRUST FUND
was moved by MAYOR BRINKMAN and seconded by MAYOR PRO TEM
STAHLMAN.
City Council discussed the motion. Ayes:
MAYOR BRINKMAN, MAYOR PRO TEM STAHLMAN, COUNCIL
MEMBER BECKMAN, COUNCIL MEMBER CERNANEC and
COUNCIL MEMBER COLE. Nays:
COUNCIL MEMBER TAYLOR and COUNCIL MEMBER VALDES. Absent:
None.
MOTION CARRIED: 5 to 2
c)
Ordinance on First Reading Designs by Sundown/Breckenridge Brewery Rezoning from R­S to I­1, 6775 and 6855 S. Santa Fe Drive
Council Member Valdes asked about the procedure for quasi judicial ordinances. Manager Penny stated quasi judicial ordinances follow the City Charter, which
requires one public hearing on second reading. he applicants are requesting to rezone property, located at 6775 and 6855 S. Santa Fe
Drive from R­S, Residential­Suburban Agricultural District, to I­1 Light Industrial
District with a Planned Development Overlay. Two nursery and landscape businesses
(Silver Sage and Designs by Sundown) are presently on the site, which is
approximately 19 acres. Designs by Sundown proposes to expand its operations to
relocate its corporate office headquarters from Englewood to the southerly portion of
the site. The northerly portion will be redeveloped into a manufacturing/tasting facility
for Breckenridge Brewery. City Council asked questions regarding the rezoning of property located at 6775 and
6855 S. Santa Fe Drive from R­S, Residential­Suburban Agricultural District to I­1
Light Industrial District. The applicant, Silver Sage and Designs by Sundown, answered City Council
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questions. Mayor Brinkman opened the public hearing at 8:15 p.m. Katie Raffensperger, 5541 Youngsfield Street
Ms. Raffensperger spoke in favor of the rezone at 6775 and 6855 S. Santa Fe Drive. Motion THAT THE ORDINANCE APPROVING THE REZONING OF PROPERTY
KNOWN AS 6775 AND 6855 SOUTH SANTA FE DRIVE FROM R­S
RESIDENTIAL­SUBURBAN AGRICULTURAL DISTRICT TO I­1 LIGHT
INDUSTRIAL DISTRICT BE APPROVED ON FIRST READING AND THAT A
PUBLIC HEARING DATE BE SET FOR MARCH 19, 2013 was moved by
COUNCIL MEMBER VALDES and seconded by COUNCIL MEMBER
CERNANEC.
Council Member Cole would like to know how the word "adjacent" is defined, in
regards to impact on "adjacent" residents. She would also like to know who will be
responsible for the cost of enhancing the stormwater pond located on the property.
Ayes:
MAYOR BRINKMAN, MAYOR PRO TEM STAHLMAN, COUNCIL
MEMBER BECKMAN, COUNCIL MEMBER CERNANEC, COUNCIL
MEMBER COLE, COUNCIL MEMBER TAYLOR and COUNCIL
MEMBER VALDES. Nays:
None. Absent:
None.
MOTION CARRIED: 7 to 0
8.
Second and Final Reading on Ordinances and Public Hearings
a)
Ordinance on Littleton Commons Rezoning from B­2 to PD­R, 2996 W. County
Line Road
Deputy City Attorney Schledorn read the ordinance by title. Director Van Nimwegen spoke to the questions asked by City Council at the
first reading of the ordinance. Changes from 1st reading
Minimum Amenities
• Clubhouse
• Pool and Spa
• Bark Park
• Community Gathering Spaces
• Increased Setback at East Property Line
Building Setbacks from Drive Aisles and Parking
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Mayor Brinkman closed the public hearing at 8:18 p.m.
Motion TO APPROVE THE ORDINANCE REZONING THE PROPERTY
KNOWN AS 2996 W. COUNTY LINE ROAD FROM B­2 COMMUNITY
BUSINESS TO PD­R PLANNED DEVELOPMENT RESIDENTIAL AND
THE LITTLETON COMMONS PLANNED DEVELOPMENT PLAN WITH
THE CONDITION THAT THE MODIFICATIONS DESCRIBED IN THE
ATTACHED EXHIBIT B ARE INCORPORATED INTO THE PD PLAN
PRIOR TO RECORDATION was moved by COUNCIL MEMBER TAYLOR
and seconded by COUNCIL MEMBER CERNANEC.
City Council asked questions regarding the motion. Ayes:
MAYOR BRINKMAN, MAYOR PRO TEM STAHLMAN,
COUNCIL MEMBER BECKMAN, COUNCIL MEMBER
CERNANEC, COUNCIL MEMBER COLE, COUNCIL MEMBER
TAYLOR and COUNCIL MEMBER VALDES. Nays:
None. Absent: None.
MOTION CARRIED: 7 to 0
b)
Ordinance on second reading for Marijuana Moratorium
8b­attachment
Deputy City Attorney Schledorn read the ordinance by title. Amendment 64 was approved by Colorado voters in November 2012. It
authorizes the personal possession and use of less than one ounce of marijuana
and related accessories by persons 21 years of age and older. Amendment 64
also provides for the creation of a regulatory scheme by the Department of
Revenue for the licensing and regulation of marijuana establishments, which
include marijuana cultivation facilities, marijuana testing facilities, marijuana
product manufacturing facilities, and retail marijuana stores. Recently,
marijuana clubs have also begun operating in various communities throughout
the state. Amendment 64 requires that, by no later than July 1, 2013, the Colorado
Department of Revenue adopt regulations to implement Amendment 64 and
provides that by October 1, 2013, it begin accepting and processing license
applications for marijuana establishments. The Amendment gives local
governmental entities the ability to enact ordinances and regulations governing the
time, place, manner and number of marijuana establishments; establishing
procedures for the issuance, suspension and revocation of licenses issued by local
governments; establishing a schedule of annual operating, licensing and
application fees for marijuana establishments; and establishing civil penalties for
violation of such regulations or ordinances. It also grants local governments the
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authority to prohibit the operation of marijuana cultivation facilities, marijuana
product manufacturing facilities, marijuana testing facilities, or retail marijuana
stores through the enactment of an ordinance. Amendment 64 has no impact on the existing medical marijuana regulatory
scheme.
This ordinance establishes a moratorium on the submission, acceptance,
processing and approval of applications and the licensing, permitting,
establishment or operation of any recreational marijuana establishments or
marijuana clubs in the City. It also specifically prohibits City staff or any board or
authority from accepting or processing any application for a sales tax license, land
use approval, building permit or any other license or permit in relation to the
operation or establishment of a marijuana establishment or marijuana club. During
the moratorium, which will end no later than October 1, 2013, unless extended or
repealed by Council, City staff is directed to study the effects of marijuana
establishments and marijuana clubs, considering the City's existing land use
regulations and master plan, and thereafter provide information to the City Council
as to whether such uses should be permitted at any location in the City and the
zone districts in which they should be permitted, if at all. City Council asked questions and made comments regarding the proposed
ordinance. Mayor Brinkman opened and closed the public hearing at 8:35 p.m., with no
public comment.
Motion THAT THE ORDINANCE IMPOSING A MORATORIUM ON THE
SUBMISSION, ACCEPTANCE, PROCESSING AND APPROVAL OF
APPLICATIONS AND THE LICENSING, PERMITTING,
ESTABLISHMENT OR OPERATION OF ANY RECREATIONAL
MARIJUANA ESTABLISHMENTS AND MARIJUANA CLUBS BE
APPROVED was moved by COUNCIL MEMBER CERNANEC and seconded
by MAYOR PRO TEM STAHLMAN.
City Council discussed the motion. City Council requested staff to return with rules and regulations for marijuana
clubs.
Motion TO AMEND THE MAIN MOTION TO CHANGE THE FIRST
WHEREAS, page 2, line 3, IN THE ORDINANCE, TO THE CITY
COUNCIL. AS TO WHETHER SUCH USES SHOULD BE PERMITTED AT
ANY LOCATION IN THE CITY; AND was moved by COUNCIL MEMBER
TAYLOR and seconded by COUNCIL MEMBER VALDES.
Ayes:
MAYOR PRO TEM STAHLMAN, COUNCIL MEMBER
BECKMAN, COUNCIL MEMBER CERNANEC, COUNCIL
MEMBER COLE, COUNCIL MEMBER TAYLOR and COUNCIL
MEMBER VALDES. Nays:
MAYOR BRINKMAN. http://littletongov.granicus.com/MinutesViewer.php?view_id=2&clip_id=1007
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Absent: None.
MOTION CARRIED: 6 to 1
Vote on the amended main motion
Ayes:
MAYOR BRINKMAN, MAYOR PRO TEM STAHLMAN,
COUNCIL MEMBER BECKMAN, COUNCIL MEMBER
CERNANEC, COUNCIL MEMBER COLE and COUNCIL
MEMBER TAYLOR. Nays:
COUNCIL MEMBER VALDES. Absent: None.
MOTION CARRIED: 6 to 1
8a­attachment
9.
General Business
Council Member Cernanec spoke to possible collaborations with Englewood Fire that
were suggested in the ECSI study. Motion TO DIRECT THE CITY MANAGER TO DEVELOP A MINIMUM OF 8
FIRE AND RESCUE INITIATIVES FROM THE FINAL ESCI STUDY AND THEIR
STRATEGIC INITIATIVES SUGGESTED, WITH CONSIDERATION BEING
GIVEN TO COLLABORATIVE EFFICIENCY AND EFFECTIVENESS, AS WELL
AS LONGER TERM COST AVOIDANCE AND INCORPORATE THESE INTO
THE 2014 POLICY QUESTIONS FOR COUNCIL CONSIDERATION, ALSO
KNOWN AS OUR 2014 BUDGET PROCESS was moved by COUNCIL MEMBER
CERNANEC and seconded by MAYOR PRO TEM STAHLMAN.
City Council discussed the motion. Ayes:
MAYOR BRINKMAN, MAYOR PRO TEM STAHLMAN, COUNCIL
MEMBER BECKMAN, COUNCIL MEMBER CERNANEC, COUNCIL
MEMBER COLE, COUNCIL MEMBER TAYLOR and COUNCIL
MEMBER VALDES. Nays:
None. Absent:
None.
MOTION CARRIED: 7 to 0
Manager Penny ­ new speakers for this room, Council Cole sequestration at the local
level.
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10.
Consideration of Committee, Commission and Board Matters
11.
Ordinances on First Reading and Public Hearings
12.
Resolutions
13.
Adjournment
The regular meeting of March 5, 2013 was adjourned at 8:54 p.m.
Respectfully Submitted: _________________________________ Wendy Heffner
City Clerk
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