Regular City Council Meeting

MINUTES OF THE CENTENNIAL CITY COUNCIL Regular City Council Meeting 7:40 PM Monday, February 08, 2010 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; 7:40 PM 2. Roll Call Those present were: Mayor Noon Council Member Phelps Council Member Dindinger Council Member Gardner Council Member Bosier Council Member McClellan Council Member Anderson Council Member Miller Council Member Weidmann Those absent were: None Also present were: Jacque Wedding-Scott, City Manager Mike Connor, Assistant City Manager Bob Widner, City Attorney Dave Zelenok, Director of Public Works Richard Lewis, Public Works Manager Rick Coldsnow, CIP Manager Tony Huerta, CIP Engineer Eric Lee, Staff Engineer James Clanton, Management Analyst Marie White, Director of Human Resources Wayne Reed, Director of Planning & Development Edward Stafford, City Engineer Jeff Brasel, Principal Planner Andy Firestine, Senior Planner Mike Pesicka, Senior Planner Sherry Patten, Manager of Community and Government Affairs Allison Wittern, Director of Communications Patty Putfark, Senior Records and Information Clerk Don Wright, Support Services Manager Gloria Ochoa, Web/Help Desk Coordinator Brenda Madison, City Clerk Barbara Setterlind, Assistant Deputy City Clerk X/City Council Minutes/2010 Council Minutes/2010-02-08 Regular Meeting.doc Minutes – Regular City Council Meeting February 08, 2010 Page 2 3. Pledge of Allegiance Mayor Noon led the Pledge of Allegiance; 7:41 PM 4. Public Comment Andrea Suhaka, 6864 S. Ulster Circle, Centennial, expressed concerns with the Council appointments to Boards and Committees, expressly Ms. McClellan's appointment as an alternate to the I-25/Arapahoe Coalition. Joe Farrillo, 8561 E. Briarwood Boulavard, Centennial, discussed the I-25/Arapahoe Road project. Dr. Brian Pankau, 8883 E. Davies Avenue, Centennial, discussed the I-25/Arapahoe Road project. Monica Bourque, 7673 E. Phillips Circle, discussed the sound barrier fence which had not been built along County Line Road. Holmes Bassett, 6252 S. Poplar Street, Centennial, discussed the intersection at County Line Road and South Quebec Street. Barrett Travis, 7773 E. Costilla Boulevard, Centennial, discussed the 1-25/Arapahoe Road project. Jacque Wedding-Scott, City Manager, directed all citizens to the City's Web site to view all information regarding the I-25/Arapahoe Road Coalition and the Environmental Assessment Study; 8:05 PM 5. Scheduled Presentations (None) 6. Consideration of Communications, Proclamations and Appointments a. PROCLAMATION NO. 2010-P-01 A PROCLAMATION OF THE MAYOR OF THE CITY OF CENTENNIAL, COLORADO PROCLAIMING SATURDAY AND SUNDAY, FEBRUARY 20-21, 2010 AS "SPAY DAY 2010" IN THE CITY OF CENTENNIAL Mayor Noon presented; 8:06 PM CONSENT AGENDA Council Member Dindinger moved approval of CONSENT AGENDA as read into the record. Council Member Bosier seconded the motion. With Mayor Noon, Council Member Phelps, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Anderson, Council Member Miller, Council Member Weidmann voting AYE, and (None) voting NAY; Abstain: 0; Absent: 0. THE MOTION Passed. X/City Council Minutes/2010 Council Minutes/2010-02-08 Regular Meeting.doc Minutes – Regular City Council Meeting February 08, 2010 Page 3 7. Consideration of Ordinances on First Reading a. ORDINANCE 2010-O-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, ESTABLISHING FOR THE ANNUAL APPOINTMENT OF PERSONS TO VARIOUS BOARDS, COMMISSIONS, BODIES, AND ORGANIZATIONS 8. Consideration of Resolutions a. RESOLUTION NO. 2010-R-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, APPROVING A CONTRACT WITH THE DENVER REGIONAL COUNCIL OF GOVERNMENTS (DRCOG) FOR THE CITY’S PURCHASE OF TRAFFIC SIGNAL EQUIPMENT AND REIMBURSEMENT OF EXPENSES FROM DRCOG b. RESOLUTION NO. 2010-R-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE SOUTHEAST METRO STORMWATER AUTHORITY REGARDING DESIGN AND CONSTRUCTION FUNDING OF THE CHERRYWOOD CIRCLE STORM SEWER AND PAVING c. RESOLUTION NO. 2010-R-16 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL, COLORADO, APPROVING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 9. Consideration of Other Items a. Minutes i. Study Session February 1, 2010 ii. Regular Meeting February 1, 2010 END CONSENT AGENDA DISCUSSION AGENDA 10. Consideration of Land Use Cases a. Public Hearings i. Enclave Annexations - Initial Zonings ORDINANCE NO. 2010-O-02 AN ORDINANCE APPROVING THE INITIAL ZONING FOR CERTAIN LAND KNOWN AS THE ARAPAHOE HIGH SCHOOL ENCLAVE ANNEXATION PROPERTY BY REZONING SUCH LAND FROM ARAPAHOE COUNTY OBSOLETE ZONE DISTRICT R-3 RESIDENTIAL (R-3) TO CITY OF CENTENNIAL R-3, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CENTENNIAL, COLORADO X/City Council Minutes/2010 Council Minutes/2010-02-08 Regular Meeting.doc Minutes – Regular City Council Meeting February 08, 2010 Page 4 ORDINANCE NO. 2010-O-03 AN ORDINANCE APPROVING THE INITIAL ZONING FOR CERTAIN LAND KNOWN AS THE CHAPEL HILL CEMETERY ENCLAVE ANNEXATION PROPERTY BY REZONING SUCH LAND FROM ARAPAHOE COUNTY CURRENT ZONE DISTRICT O OPEN (O) TO CITY OF CENTENNIAL O, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CENTENNIAL, COLORADO ORDINANCE NO. 2010-O-04 AN ORDINANCE APPROVING THE INITIAL ZONING FOR CERTAIN LAND KNOWN AS THE ESTANCIA SUBDIVISION ENCLAVE ANNEXATION PROPERTY BY REZONING SUCH LAND FROM ARAPAHOE COUNTY CURRENT ZONE DISTRICT R-1 RESIDENTIAL (R-1) TO CITY OF CENTENNIAL R-1, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CENTENNIAL, COLORADO Jeff Brasel, Principal Planner, presented. Mayor Noon opened the Public Hearing for all three ordinances. Seeing no one present wishing to speak, the Public Hearing was closed; 8:14 PM Council Member Dindinger moved approval of ORDINANCE NO. 2010-O-02 AN ORDINANCE APPROVING THE INITIAL ZONING FOR CERTAIN LAND KNOWN AS THE ARAPAHOE HIGH SCHOOL ENCLAVE ANNEXATION PROPERTY BY REZONING SUCH LAND FROM ARAPAHOE COUNTY OBSOLETE ZONE DISTRICT R-3 RESIDENTIAL (R-3) TO CITY OF CENTENNIAL R-3, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CENTENNIAL, COLORADO. Council Member Bosier seconded the motion. With Mayor Noon, Council Member Phelps, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Anderson, Council Member Miller, Council Member Weidmann voting AYE, and (None) voting Nay; Abstain: 0; Absent: 0. The MOTION Passed. Council Member Bosier moved approval of ORDINANCE NO. 2010-O-03 AN ORDINANCE APPROVING THE INITIAL ZONING FOR CERTAIN LAND KNOWN AS THE CHAPEL HILL CEMETERY ENCLAVE ANNEXATION PROPERTY BY REZONING SUCH LAND FROM ARAPAHOE COUNTY CURRENT ZONE DISTRICT O OPEN (O) TO CITY OF CENTENNIAL O, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CENTENNIAL, COLORADO. Council Member Gardner seconded the motion. With Mayor Noon, Council Member Phelps, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Anderson, Council Member Miller, Council Member Weidmann voting AYE, and (None) voting Nay; Abstain: 0; Absent: 0. The MOTION Passed. Council Member McClellan moved approval of ORDINANCE NO. 2010-O-04 AN ORDINANCE APPROVING THE INITIAL ZONING FOR CERTAIN LAND KNOWN AS THE ESTANCIA SUBDIVISION ENCLAVE ANNEXATION PROPERTY BY REZONING SUCH LAND FROM ARAPAHOE COUNTY CURRENT ZONE DISTRICT R-1 RESIDENTIAL (R-1) TO CITY OF X/City Council Minutes/2010 Council Minutes/2010-02-08 Regular Meeting.doc Minutes – Regular City Council Meeting February 08, 2010 Page 5 CENTENNIAL R-1, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CENTENNIAL, COLORADO. Council Member Bosier seconded the motion. With Mayor Noon, Council Member Phelps, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Anderson, Council Member Miller, Council Member Weidmann voting AYE, and (None) voting Nay; Abstain: 0; Absent: 0. The MOTION Passed. ii. RESOLUTION NO. 2010-R-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE FIRST AMENDMENT TO THE CENTENNIAL CORNER FINAL DEVELOPMENT PLAN, CASE NO. LU-0907-006 Andy Firestine, Senior Planner, presented; 8:23 PM Council Member Anderson moved approval of RESOLUTION NO. 2010-R-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE FIRST AMENDMENT TO THE CENTENNIAL CORNER FINAL DEVELOPMENT PLAN, CASE NO. LU-0907-006. Council Member McClellan seconded the motion. With Mayor Noon, Council Member Phelps, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Anderson, Council Member Miller, Council Member Weidmann voting AYE, and (None) voting NAY; Abstain: 0; Absent: 0. THE MOTION Passed. iii. Vista Verde Estates ORDINANCE NO. 2010-O-05 AN ORDINANCE REZONING PROPERTY KNOWN AS VISTA VERDE FROM OBSOLETE ZONE DISTRICT R-3 (RESIDENTIAL) TO MIXED USE PLANNED UNIT DEVELOPMENT (MU-PUD), APPROVING THE VISTA VERDE ESTATES PRELIMINARY DEVELOPMENT PLAN AND AMENDING THE ZONING MAP, CASE NO. LU-0906-006 RESOLUTION NO. 2010-R-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE VISTA VERDE ESTATES FINAL PLAT, CASE NO. LU-0906-007 RESOLUTION NO. 2010-R-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE VISTA VERDE ESTATES FINAL DEVELOPMENT PLAN, CASE NO. LU-0906-005 Mike Pesicka, Senior Planner, presented; 8:37 PM. Lucy Dinneen, 4491 Marigold Lane, Littleton, with Cadence Development, appeared, representing the applicant. Edward Stafford, City Engineer, addressed questions from Council regarding traffic concerns. X/City Council Minutes/2010 Council Minutes/2010-02-08 Regular Meeting.doc Minutes – Regular City Council Meeting February 08, 2010 Page 6 Marcus Hockenson, appeared representing Advanced Auto Parts. Mayor Noon opened the Public Hearing. Diane Raput, 130 E. Geddes, Ave, Centennial, President of South Wind Civic Association, addressed the traffic concerns and issues with the re-zoning of the property. Tom and Georgianne Urban, 7155 S. Lincoln Street, Centennial, addressed the traffic concerns. Debra Cullin, 110 E. Easter Avenue, Centennial, expressed concerns with this development. Tim Cullin, 110 E. Easter Avenue, Centennial, stated he submitted a written letter to Council. Dave Carriker, 31 E. Easter Avenue, Centennial, addressed traffic concerns. Seeing no one else present wishing to speak, the Public Hearing was closed. The meeting was recessed at 9:33 PM. The meeting was reconvened at 9:45. Council Member Phelps moved to go into Executive Session pursuant to C.R.S. §24-6- 402(4)(b) to receive legal advice from the City Attorney. Council Member Bosier seconded the motion. With Mayor Noon, Council Member Phelps, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Anderson and Council Member Miller voting AYE, and Council Member Dindinger and Council Member Weidmann voting NAY; Abstain: 0: Absent: 0. The MOTION passed. Council Member Dindinger excused himself from the Executive Session. The meeting was recessed at 10:00 PM and reconvened at 10:06 PM. Council Member Phelps moved to delay for sufficient time for the City Attorney to draft a motion to deny the application. Council Member McClellan seconded the motion. With Council Member Phelps, Council Member Bosier, Council Member McClellan, Council Member Anderson and Council Member Miller voting AYE, and Council Member Dindinger, Council Member Weidmann, Council Member Gardner and Mayor Noon voting NAY; Abstain: 0: Absent: 0. The MOTION passed. Council Member Phelps moved to deny ORDINANCE NO. 2010-O-05 AN ORDINANCE REZONING PROPERTY KNOWN AS VISTA VERDE FROM OBSOLETE ZONE DISTRICT R- 3 (RESIDENTIAL) TO MIXED USE PLANNED UNIT DEVELOPMENT (MU-PUD), APPROVING THE VISTA VERDE ESTATES PRELIMINARY DEVELOPMENT PLAN AND AMENDING THE ZONING MAP, CASE NO. LU-0906-006 based on the following findings: the City of Centennial’s comprehensive plan does not support this rezoning; Land Use goal number six requires that the new development respect the context of the surrounding land use. Phelps found that this proposal did not respect the immediately adjacent neighborhood and residential properties. The present zoning of the proposed site was R-3 and Phelps found the current zoning was respectful to the neighborhood. Phelps found also that there was substantial X/City Council Minutes/2010 Council Minutes/2010-02-08 Regular Meeting.doc Minutes – Regular City Council Meeting February 08, 2010 Page 7 testimony expressing concern regarding the impact of the commercial or retail use on the resident’s quality of life. The proposed rezoning did not meet several of the criteria of our Land Development Code. Section 11.1.4901(c.2) provided that the City must assure compatibility between the proposed development, surrounding land uses and the natural environment. Phelps found that the immediate area was residential in zoning and character and the present zoning fully met the required compatibility by being residential. LDC Section 11.1.4901(c.4) provided that the City must ensure that the public health and safety was adequately protected against natural and man-made hazards, and Phelps found that the additional trips generated by this proposal would introduce new commercial and truck traffic on Costilla, Lincoln and Easter Streets that would be adverse to the residential character of the immediate neighborhood. Phelps also found that there was substantial credible testimony from residents with first-hand experience that indicated any new traffic introduced in this area, would likely cut-through the residential neighborhood; moreover, the heavy traffic on Broadway would likely make southbound exits from this development difficult, if not problematic, and potentially hazardous. Based on these findings, which were not all inclusive of the evidence presented tonight to support the denial of this rezoning, Phelps asked for Council’s support of the denial of this motion. Council Member Dindinger seconded the motion. With Council Member Phelps, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Anderson voting AYE, and Mayor Noon, Council Member Miller, Council Member Weidmann voting NAY; Abstain: 0; Absent: 0. The MOTION TO DENY Passed. Council Member Phelps moved denial of RESOLUTION NO. 2010-R-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE VISTA VERDE ESTATES FINAL PLAT, CASE NO. LU-0906-007 based on the Council’s rejection of the PDP and the fact the Final Plat was not in compliance with our Land Development Code as stated in the motion of denial of the PDP. Council Member Dindinger seconded the motion. With Mayor Noon,Council Member Phelps, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Anderson voting AYE, and Council Member Miller and Council Member Weidmann voting NAY; Abstain: 0; Absent: 0. The MOTION TO DENY Passed. Council Member Phelps moved denial of RESOLUTION NO. 2010-R-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE VISTA VERDE ESTATES FINAL DEVELOPMENT PLAN, CASE NO. LU-0906-005 based on the Council’s rejection of the PDP and the fact the FDP was not in compliance with our Land Development Code as stated in the motion of denial of the PDP. Council Member Dindinger seconded the motion. With Mayor Noon,Council Member Phelps, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Anderson voting AYE, and Council Member Miller and Council Member Weidmann voting NAY; Abstain: 0; Absent: 0. The MOTION TO DENY Passed. 11. Consideration of Ordinances (None) X/City Council Minutes/2010 Council Minutes/2010-02-08 Regular Meeting.doc Minutes – Regular City Council Meeting February 08, 2010 Page 8 12. Consideration of Resolutions a. General i. RESOLUTION NO. 2010-R-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, APPROVING THE PREPARATION AND THE DELIVERY OF A LETTER CONCERNING THE I-25/ARAPAHOE ROAD PROJECT Council Member McClellan discussed the proposed letter and resolution; 10:13 PM Council Member Dindinger moved to Deny Resolution No. 2010-R-14. Council Member Weidmann seconded the motion. With Mayor Noon, Council Member Phelps, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Anderson, Council Member Miller, Council Member Weidmann voting AYE, and (None) voting NAY; Abstain: 0; Absent: 0. THE MOTION Passed. Council Member Bosier moved a friendly amendment that a copy of the Walnut Hills letter be sent to Greenwood Village without the cover letter. Council Member McClellan seconded the amendment. With Mayor Noon, Council Member Phelps, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Anderson, Council Member Miller, Council Member Weidmann voting AYE, and (None) voting NAY; Abstain: 0; Absent: 0. THE AMENDMENT Passed. ii. RESOLUTION NO. 2010-R-15 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL, COLORADO, APPROVING THE APPOINTMENT OF CERTAIN PERSONS TO VARIOUS BOARDS, COMMISSIONS, BODIES AND ORGANIZATIONS FOR CALENDAR YEAR 2010; 10:07 PM. Council Member Miller moved approval of RESOLUTION NO. 2010-R-15, A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL, COLORADO, APPROVING THE APPOINTMENT OF CERTAIN PERSONS TO VARIOUS BOARDS, COMMISSIONS, BODIES AND ORGANIZATIONS FOR CALENDAR YEAR 2010. Council Member McClellan seconded the motion. Council Member Weidmann moved an amendment to remove Council Member McClellan’s name as an alternate of the I-25 Coalition. Council Member Gardner seconded the amendment. With Mayor Noon, Council Member Phelps, Council Member Dindinger, Council Member Gardner, Council Member Miller, Council Member Weidmann voting AYE, and Council Member Bosier, Council Member McClellan, Council Member Anderson voting NAY; Abstain: 0; Absent: 0. THE AMENDMENT Passed. X/City Council Minutes/2010 Council Minutes/2010-02-08 Regular Meeting.doc Minutes – Regular City Council Meeting February 08, 2010 Page 9 With Mayor Noon, Council Member Phelps, Council Member Dindinger, Council Member Gardner, Council Member Miller, Council Member Weidmann voting AYE, and Council Member Bosier, Council Member McClellan, Council Member Anderson voting NAY; Abstain: 0; Absent: 0. THE MOTION Passed. Council Member Wiedmann moved to allow the meeting to go past 11:00 PM. Council Member Bosier seconded the motion. With Mayor Noon, Council Member Phelps, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Anderson, Council Member Miller, Council Member Weidmann voting AYE, and (None) voting Nay; Abstain: 0; Absent: 0. The MOTION Passed. 13. Consideration of Other Items a. General i. Election of Mayor Pro Tem Council Member Gardner moved the Election of Council Member Weidmann to Mayor Pro Tem. Council Member Dindinger seconded the motion; 10:10 PM. With Mayor Noon, Council Member Phelps, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Anderson, Council Member Miller voting AYE, and (None) voting NAY; Abstain: 1 (Weidmann) ; Absent: 0. THE MOTION Passed. END DISCUSSION AGENDA GENERAL BUSINESS 14. Other Matters as May Come Before Council 15. Reports a. City Manager Jacque Wedding-Scott, City Manager, gave a brief report; 10:28 PM. b. City Attorney Bob Widner, City Attorney, made a brief report; 10:29 PM. c. City Clerk None. d. Council Members Council Members Weidmann, Miller, Gardner and Phelps gave brief reports; 10:30 PM. X/City Council Minutes/2010 Council Minutes/2010-02-08 Regular Meeting.doc Minutes – Regular City Council Meeting February 08, 2010 Page 10 16. Mayor's Report and Comments Mayor Noon made a brief report; 10:36 PM. 17. Executive Session a. Executive Session Pursuant to §24-6-402 (4) (e) Instructing Negotiators and Determining Negotiation Strategy Regarding Open Space and Park Opportunities. Mayor Noon moved to go into an Executive Session pursuant to §24-6-402 (4) (e) instructing negotiators and determining negotiation strategy regarding open space and park opportunities. Council Member Bosier seconded the motion; 10:37 PM. With Mayor Noon, Council Member Phelps, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Anderson, Council Member Miller, Council Member Weidmann voting AYE, and (None) voting Nay; Abstain: 0; Absent: 0. The MOTION Passed. 18. Adjourn There being no further business to discuss, Study Session was adjourned at 12:29 AM. Respectfully submitted, ______________________________________ Brenda J. Madison, City Clerk X/City Council Minutes/2010 Council Minutes/2010-02-08 Regular Meeting.doc