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Regular City Council Meeting

Regular Meeting

Centennial, CO · April 19, 2010

AgendaPacketMinutes

Minutes

MINUTES OF THE CENTENNIAL CITY COUNCIL Regular City Council Meeting 7:00 PM Monday, April 19, 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 at 7:00 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 Bob Widner, City Attorney Maureen Juran, Assistant City Attorney Dawn Priday, Director of Accounting Wayne Reed, Director of Planning & Development Rita McConnell, Deputy Director of Planning & Development Edward Stafford, City Engineer Corri Spiegel, Economic Development Manager Ciandra Jackson-Mills, Acting Public Information and Special Events Manager Patrick Pratt, Intern Veronica Mata, Youth Commissioner Don Wright, Support Services Manager Brenda Madison, City Clerk Barbara Setterlind, Deputy City Clerk 3. Pledge of Allegiance; 7:02 PM Mayor Noon led the Pledge of Allegiance. X/City Council Minutes/2010 Council Minutes/2010-04-19 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting April 19, 2010 Page 2 4. Public Comment; 7:18 PM Adam Resnick and Megan Garrity, representing a Centennial Destination Imagination Team, stated they won the State competition and would be attending the global finals in Tennessee and asked for support from the City. 5. Scheduled Presentations a. 2010 Youth Achievement Award Presentation; 7:04 PM Patrick Pratt, Intern, introduced the 2010 Youth Achievement Award. Mayor Noon and Mike McCurdy, representing SAFEbuilt, presented the award to Madeline Gannon. b. SEBP Update; 7:11 PM Mary Bowers, Vice-President of Southeast Business Partnerships, gave a brief presentation. 6. Consideration of Communications, Proclamations and Appointments a. PROCLAMATION NO. 2010-P-04 A PROCLAMATION OF THE MAYOR OF THE CITY OF CENTENNIAL, COLORADO PROCLAIMING THE MONTH OF APRIL, 2010 AS FAIR HOUSING MONTH IN THE CITY OF CENTENNIAL CONSENT AGENDA Council Member Weidmann moved approval of CONSENT AGENDA. 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. 7. Consideration of Ordinances on First Reading a. ORDINANCE NO. 2010-O-14 AN ORDINANCE APPROVING, AS A TEXT AMENDMENT, A 7TH AMENDMENT TO THE ARAPAHOE AIRPORT CENTER PRELIMINARY DEVELOPMENT PLAN, CASE NO. LU-1004-001, AFFECTING LOT 2, ARAPAHOE AIRPORT CENTER JOINT VENTURE FILING 6, AND AMENDING THE ZONING MAP 8. Consideration of Resolutions a. RESOLUTION NO. 2010-R-27 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL PROVIDING THAT THE TERM OF APPOINTMENT OF ALL APPOINTED RESIDENT MEMBERS OF THE AUDIT COMMITTEE, BUDGET COMMITTEE AND INVESTMENT COMMITTEE SHALL BE AT THE CONCLUSION OF THE FISCAL YEAR (CALENDAR YEAR) OF THE YEAR FOR WHICH EACH MEMBER’S TERM WOULD OTHERWISE EXPIRE AND PROVIDING THAT THE TERM OF APPOINTMENT OF THE FORMER ELECTED CITY TREASURER TO THE AUDIT COMMITTEE, BUDGET COMMITTEE AND INVESTMENT X/City Council Minutes/2010 Council Minutes/2010-04-19 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting April 19, 2010 Page 3 COMMITTEE SHALL BE AT THE CONCLUSION OF THE 2010 FISCAL YEAR, AND SUPERSEDING RESOLUTION 2009-R-46 TO THE EXTENT OF ANY INCONSISTENCY b. RESOLUTION NO. 2010-R-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, CONSENTING TO AN INCREASE IN THE AGGREGATE DEBT LIMIT SET FORTH IN THE AMENDED AND RESTATED SERVICE PLAN FOR THE HERITAGE GREENS METROPOLITAN DISTRICT c. RESOLUTION NO. 2010-R-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING A STREET FURNITURE PROGRAM AGREEMENT WITH OUTDOOR PROMOTIONS, INC. TO ALLOW FOR THE PLACEMENT OF BENCHES, SHELTERS AND NEWS CORRALS IN THE CITY’S RIGHTS-OF-WAY 9. Consideration of Other Items a. Minutes i. Study Session April 12, 2010 ii. Regular Meeting April 12, 2010 END CONSENT AGENDA DISCUSSION AGENDA 10. Consideration of Land Use Cases (None) 11. Consideration of Ordinances a. Public Hearings i. ORDINANCE NO. 2010-O-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, AMENDING ARTICLE 4 OF CHAPTER 6, CONCERNING LIQUOR LICENSES, TO DELETE REFERENCES TO THE LIQUOR LICENSE ADMINISTRATOR AND TO DELETE THE REQUIREMENT TO PRE-FILE PETITIONS IN SUPPORT OR IN OPPOSITION TO LIQUOR LICENSE APPLICATIONS Maureen Juran, Assistant Deputy City Attorney, presented; 7:25 PM. Mayor Noon opened the Public Hearing. Seeing no one present wishing to speak, the Public Hearing was closed. X/City Council Minutes/2010 Council Minutes/2010-04-19 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting April 19, 2010 Page 4 Council Member Bosier moved approval of ORDINANCE NO. 2010-O-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, AMENDING ARTICLE 4 OF CHAPTER 6, CONCERNING LIQUOR LICENSES, TO DELETE REFERENCES TO THE LIQUOR LICENSE ADMINISTRATOR AND TO DELETE THE REQUIREMENT TO PRE-FILE PETITIONS IN SUPPORT OR IN OPPOSITION TO LIQUOR LICENSE APPLICATIONS. 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. ii. ORDINANCE NO. 2010-O-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO REPEALING AND REENACTING, BY REFERENCE, THE CITY OF CENTENNIAL LAND DEVELOPMENT CODE, PROVIDING A PENALTY FOR THE VIOLATION THEREOF, AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE Wayne Reed, Director of Planning and Development, made a brief introduction. Rita McConnell, Deputy Director of Planning and Development, presented. Todd Messenger, representing Kendig Keast, made a brief presentation and answered questions from Council; 7:29 PM. The meeting was recessed at 9:04 PM. The meeting reconvened at 9:19 PM. Mayor Noon opened the public hearing. Andrea Suhaka, 6864 S. Ulster Circle, Centennial, stated she supported adoption of the Land Development Code re-write. Karen Samuels-Jones, 7778 S. Forest Court, Centennial, stated she supported the adoption of the Land Development Code re-write and asked for a vetting process after the code was enacted to consider the unintended consequences. Paul Wells, 7815 S. Ogden Court, Centennial, offered comments regarding the Land Development Code re-write and handed out a document he prepared regarding the original footprint, the foundation footprint and the way it ought to be. Pete Cooney, 7235 S. Pennsylvania Street, Centennial, offered comments regarding the Land Development Code re-write. Seeing no one else present wishing to speak, Mayor Noon closed the public hearing. X/City Council Minutes/2010 Council Minutes/2010-04-19 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting April 19, 2010 Page 5 Council Member Weidmann moved approval of ORDINANCE NO. 2010-O-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO REPEALING AND REENACTING, BY REFERENCE, THE CITY OF CENTENNIAL LAND DEVELOPMENT CODE, PROVIDING A PENALTY FOR THE VIOLATION THEREOF, AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE WITH THE INCLUSION OF THE NC9 TABLE, 0-3-0301, SHOWING THE CUMLITIVE SETBACK CHANGING FROM 12 TO 16 FEET. Council Member Weidmann seconded the motion. With Mayor Noon, Council Member Phelps, Council Member Dindinger, Council Member Gardner, Council Member Anderson, Council Member Miller, Council Member Weidmann voting AYE, and Council Member Bosier, Council Member McClellan voting NAY; Abstain: 0; Absent: 0. THE MOTION Passed. iii. ORDINANCE NO. 2010-O-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, AMENDING THE MUNICIPAL CODE TO SUBSTITUTE ALL REFERENCES WITHIN SUCH CODE TO “DEPUTY CITY CLERK” WITH “CITY CLERK” Brenda Madison, City Clerk, presented; 9:45 PM. Mayor Noon opened the public hearing. Seeing no one present wishing to speak, the public hearing was closed. Council Member Weidmann moved approval of ORDINANCE NO. 2010-O-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, AMENDING THE MUNICIPAL CODE TO SUBSTITUTE ALL REFERENCES WITHIN SUCH CODE TO “DEPUTY CITY CLERK” WITH “CITY CLERK”. 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. 12. Consideration of Resolutions a. Public Hearings i. RESOLUTION NO. 2010-R-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL AMENDING THE 2010 BUDGET AND APPROVING A SUPPLEMENTAL APPROPRIATION FOR THE OPEN SPACE FUND, AUTHORIZING THE CITY MANAGER TO AWARD THE CONTRACT FOR THE CONSTRUCTION OF THE TAGAWA ACCESS ROAD, AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES RELATED TO THE CONSTRUCTION OF TAGAWA ACCESS ROAD X/City Council Minutes/2010 Council Minutes/2010-04-19 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting April 19, 2010 Page 6 Edward Stafford, City Engineer, presented; 9:48 PM. Mayor Noon opened the public hearing. Seeing no one present wishing to speak, the public comment was closed. Council Member Anderson moved approval of RESOLUTION NO. 2010-R-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL AMENDING THE 2010 BUDGET AND APPROVING A SUPPLEMENTAL APPROPRIATION FOR THE OPEN SPACE FUND, AUTHORIZING THE CITY MANAGER TO AWARD THE CONTRACT FOR THE CONSTRUCTION OF THE TAGAWA ACCESS ROAD, AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES RELATED TO THE CONSTRUCTION OF TAGAWA ACCESS ROAD . 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. 13. Consideration of Other Items (None) END DISCUSSION AGENDA GENERAL BUSINESS 14. Other Matters as May Come Before Council; 9:53 PM Council Member Phelps stated he would not be able to attend the Budget Workshop next week and tonight would be his last night on City Council. Council Member Bosier asked for Council to look at the dog licensing ordinance in the future. Council Member Dindinger stated he did not support looking at this at this time. Consensus was to not move forward with this issue. Council Member Miller asked for Council to review Resolution No. 2003-R-20 regarding violations of portions of the Code of Conduct by Council Member Bosier. Council Member Miller asked Council to review Sections IV.B., V.A.2, V.A.5., V.A.11., of the Code of Conduct and consider this issue for a hearing. Bob Widner, City Attorney, stated he would work with Council Member Miller to bring the process forward to Council at the next Council meeting. 15. Reports a. City Manager; 10:04 PM Jacque Wedding-Scott, City Manager, introduce Wayne Reed, Director of Planning and Development, who made a brief statement. Ms. Wedding-Scott, made a brief report. X/City Council Minutes/2010 Council Minutes/2010-04-19 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting April 19, 2010 Page 7 b. City Attorney (None) c. City Clerk (None) d. Council Members; 10:17 PM Council Members Dindinger, Gardner, Bosier, McClellan, Anderson, Miller and Weidmann made brief reports. 16. Mayor's Report and Comments; 10:20 PM Mayor Noon made a brief report. 17. Executive Session (None) 18. Adjourn There being no further business to discuss, the Regular Meeting was adjourned at 10:22 PM. Respectfully submitted, ______________________________________ Brenda J. Madison, City Clerk X/City Council Minutes/2010 Council Minutes/2010-04-19 Regular Meeting Minutes.doc

Agenda

April 19, 2010 Regular City Council Meeting, 7:00 PM City Council Chambers 13133 E. Arapahoe Road Centennial, Colorado 80112 AGENDA 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 Web site. 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 that are not 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 5. Scheduled Presentations a. 2010 Youth Achievement Award Presentation b. SEBP Update (Presenter To Be Determined) 6. Consideration of Communications, Proclamations and Appointments a. PROCLAMATION NO. 2010-P-04 A PROCLAMATION OF THE MAYOR OF THE CITY OF CENTENNIAL, COLORADO PROCLAIMING THE MONTH OF APRIL, 2010 AS FAIR HOUSING MONTH IN THE CITY OF CENTENNIAL Agenda – Regular City Council Meeting April 19, 2010 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 a. ORDINANCE NO. 2010-O-14 AN ORDINANCE APPROVING, AS A TEXT AMENDMENT, A 7TH AMENDMENT TO THE ARAPAHOE AIRPORT CENTER PRELIMINARY DEVELOPMENT PLAN, CASE NO. LU-1004-001, AFFECTING LOT 2, ARAPAHOE AIRPORT CENTER JOINT VENTURE FILING 6, AND AMENDING THE ZONING MAP (Pesicka) 8. Consideration of Resolutions a. RESOLUTION NO. 2010-R-27 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL PROVIDING THAT THE TERM OF APPOINTMENT OF ALL APPOINTED RESIDENT MEMBERS OF THE AUDIT COMMITTEE, BUDGET COMMITTEE AND INVESTMENT COMMITTEE SHALL BE AT THE CONCLUSION OF THE FISCAL YEAR (CALENDAR YEAR) OF THE YEAR FOR WHICH EACH MEMBER’S TERM WOULD OTHERWISE EXPIRE AND PROVIDING THAT THE TERM OF APPOINTMENT OF THE FORMER ELECTED CITY TREASURER TO THE AUDIT COMMITTEE, BUDGET COMMITTEE AND INVESTMENT COMMITTEE SHALL BE AT THE CONCLUSION OF THE 2010 FISCAL YEAR, AND SUPERSEDING RESOLUTION 2009-R-46 TO THE EXTENT OF ANY INCONSISTENCY (Juran) b. RESOLUTION NO. 2010-R-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, CONSENTING TO AN INCREASE IN THE AGGREGATE DEBT LIMIT SET FORTH IN THE AMENDED AND RESTATED SERVICE PLAN FOR THE HERITAGE GREENS METROPOLITAN DISTRICT (McAskin) c. RESOLUTION NO. 2010-R-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING A STREET FURNITURE PROGRAM AGREEMENT WITH OUTDOOR PROMOTIONS, INC. TO ALLOW FOR THE PLACEMENT OF BENCHES, SHELTERS AND NEWS CORRALS IN THE CITY’S RIGHTS-OF-WAY (Brasel) Agenda – Regular City Council Meeting April 19, 2010 Page 3 9. Consideration of Other Items a. Minutes (Madison) i. Study Session April 12, 2010 ii. Regular Meeting April 12, 2010 END CONSENT AGENDA DISCUSSION AGENDA 10. Consideration of Land Use Cases (None) Given the quasi-judicial nature of land use cases, we wish to advise the applicant, members of the public and press that in order 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 record. Consequently, City Council Members cannot engage in conversations about any land use applications before the hearing or during a break from the hearing. The purpose of this restriction is to ensure a fair, unbiased process and to allow the City Council to make an impartial, objective decision on the case. We are also not permitted to discuss any land use case that is scheduled to come before the City Council in the future. 11. Consideration of Ordinances a. Public Hearings i. ORDINANCE NO. 2010-O-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, AMENDING ARTICLE 4 OF CHAPTER 6, CONCERNING LIQUOR LICENSES, TO DELETE REFERENCES TO THE LIQUOR LICENSE ADMINISTRATOR AND TO DELETE THE REQUIREMENT TO PRE-FILE PETITIONS IN SUPPORT OR IN OPPOSITION TO LIQUOR LICENSE APPLICATIONS (Juran) ii. ORDINANCE NO. 2010-O-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO REPEALING AND REENACTING, BY REFERENCE, THE CITY OF CENTENNIAL LAND DEVELOPMENT CODE, PROVIDING A PENALTY FOR THE VIOLATION THEREOF, AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE (McConnell) iii. ORDINANCE NO. 2010-O-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, AMENDING THE MUNICIPAL CODE TO SUBSTITUTE ALL REFERENCES WITHIN SUCH CODE TO “DEPUTY CITY CLERK” WITH “CITY CLERK” (Madison/Juran) Agenda – Regular City Council Meeting April 19, 2010 Page 4 12. Consideration of Resolutions a. Public Hearings i. RESOLUTION NO. 2010-R-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL AMENDING THE 2010 BUDGET AND APPROVING A SUPPLEMENTAL APPROPRIATION FOR THE OPEN SPACE FUND, AUTHORIZING THE CITY MANAGER TO AWARD THE CONTRACT FOR THE CONSTRUCTION OF THE TAGAWA ACCESS ROAD, AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES RELATED TO THE CONSTRUCTION OF TAGAWA ACCESS ROAD (E. Stafford) 13. Consideration of Other Items (None) END DISCUSSION AGENDA GENERAL BUSINESS 14. Other Matters as May Come Before Council 15. Reports a. City Manager b. City Attorney c. City Clerk d. Council Members 16. Mayor's Report and Comments 17. Executive Session (None) 18. Adjourn The public is invited to attend all regular meeting, study sessions and special meetings of the City Council as well as any City board or commission meeting. Please call 303-754-3302 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. For additional information concerning City meetings, please call the above referenced number.

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