Regular City Council Meeting

MINUTES OF THE CENTENNIAL CITY COUNCIL Regular City Council Meeting 7:00 PM Monday, December 13, 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. 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 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 Those present were: Mayor Noon Council Member Dindinger Council Member Gardner Council Member Bosier Council Member McClellan Council Member Anderson Council Member Miller Council Member Weidmann Council Member Moon Those absent were: Also present were: Jacque Wedding-Scott, City Manager Bob Widner, City Attorney 3. Pledge of Allegiance Mayor Noon led the Pledge of Allegiance ; 7:08 PM 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 Minutes – Regular City Council Meeting December 13, 2010 Page 2 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 public use; however, the public may use the document camera for visual presentation of materials, if desired. Andrea Suhaka, 6864 S. Ulster Circle, stated she agreed with Resolution 12.a.ii., to allow the City Manager to approve certain contracts.; 7:10 PM 5. Scheduled Presentations a. Expression of Appreciation to CDOT for Arapahoe & I-25 Interim Improvement Project (Zelenok) Dave Zelenok, Director of Public Works, presented a letter of appreciation to Reza Ahkavan, CDOT representative.; 7:11 PM 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. Council Member Weidmann moved approval of CONSENT AGENDA as read into the record.. Council Member Bosier seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Anderson, Council Member Miller, Council Member Weidmann, Council Member Moon voting AYE, and Council Member Bosier, Council Member McClellan voting NAY; Abstain: 0; Absent: 0. THE MOTION Passed. 7. Consideration of Ordinances on First Reading a. ORDINANCE NO. 2011-O-01 AN ORDINANCE AMENDING SECTION 8-1- 30 OF THE CENTENNIAL MUNICIPAL CODE CONCERNING AMENDMENTS TO THE 2003 EDITION OF THE MODEL TRAFFIC CODE PREVIOUSLY ADOPTED BY THE CITY, AMENDING SECTION 8-1-80 OF THE CENTENNIAL MUNICIPAL CODE BY ELIMINATING THE REQUIREMENT OF A SURCHARGE ASSESSMENT AGAINST TRAFFIC VIOLATORS, AND AMENDING SECTION 11.5.2 OF THE CENTENNIAL LAND DEVELOPMENT CODE CONCERNING PARKING OF CERTAIN Minutes – Regular City Council Meeting December 13, 2010 Page 3 VEHICLES ON PUBLIC STREETS, AND REGULATING VEHICLES AND TRAFFIC WITHIN THE CITY (Juran) 8. Consideration of Resolutions a. RESOLUTION NO. 2010-R-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING COUNCIL POLICY NO. 2010-CCP-01 TITLED CITY COUNCIL PROCEDURES AND RULES OF ORDER (Widner) b. RESOLUTION NO. 2010-R-94 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL APPROVING A MEMORANDUM OF UNDERSTANDING WITH ARAPAHOE COUNTY AND THE CITY OF GREENWOOD VILLAGE CONCERNING THE INTERSTATE 25 AND ARAPAHOE ROAD INTERCHANGE AND A PROFESSIONAL SERVICES AGREEMENT WITH ARAPAHOE COUNTY, THE CITY OF GREENWOOD VILLAGE, AND MILLER/WENHOLD CAPITOL STRATEGIES LLC TO IMPLEMENT THE MEMORANDUM OF UNDERSTANDING (Zelenok) c. RESOLUTION NO. 2010-R-96 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH SAFEBUILT INC. FOR BUILDING SERVICES (Reed) d. RESOLUTION NO. 2010-R-95 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL, COLORADO, APPROVING A REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (Clanton) 9. Consideration of Other Items a. Minutes (Madison) i. Study Session December 6, 2010 ii. Regular Meeting December 6, 2010 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 official 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. 2010-O-25 AN ORDINANCE OF THE CITY Minutes – Regular City Council Meeting December 13, 2010 Page 4 COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING A MASTER DEVELOPMENT PLAN FOR PROPERTY KNOWN AS PEAKVIEW PLACE, CASE NO. LU-10- 00045, AND AMENDING THE CITY’S OFFICIAL ZONING MAP (Firestine) Wayne Reed, Director of Community Development made a brief introduction. Andy Firestine, Senior Planner, presented. Craig Faessler, City Traffic and Transportation Engineer, answered questions from Council. Dave Zelenok, Director of Public Works, answered questions from Council. Martin Eiss 421 Broadway, Denver, representing the applicant, made a brief introduction. Dee Rendon, Fentress Architects, made a presentation. Craig Vickers discussed the landscape plans. Mayor Noon opened the Public Hearing. Louise Staab, attorney with Robinson Watlers & O'Dorisio, representing Crescent Crown Peakview Tower, discussed concerns the Crescent properties had. Seeing no one else present wishing to speak, the Public Hearing was closed. ; 7:27 PM Council Member Gardner moved approval of ORDINANCE NO. 2010-O-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING A MASTER DEVELOPMENT PLAN FOR PROPERTY KNOWN AS PEAKVIEW PLACE, CASE NO. LU-10-00045, AND AMENDING THE CITY’S OFFICIAL ZONING MAP BASED ON STAFF'S FINDINGS SET FORTH ON THE STAFF REPORT. Council Member Weidmann seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Anderson, Council Member Miller, Council Member Weidmann, Council Member Moon voting AYE, and (None) voting NAY; Abstain: 0; Absent: 0. THE MOTION Passed. 11. Consideration of Ordinances a. Public Hearings i. ORDINANCE NO. 2010-O-26 AN ORDINANCE STATING THE INTENT OF THE CITY OF CENTENNIAL, COLORADO TO ACQUIRE CERTAIN REAL PROPERTY FOR THE PURPOSE OF CONSTRUCTING A TURN LANE AS PART OF SOUTH CHESTER STREET IMPROVEMENTS THROUGH EXERCISE OF THE CITY’S POWER OF EMINENT DOMAIN (Connor) Mike Connor, Deputy Director of Public Works, presented. Dave Zelenok, Director of Public Works, answered questions from Council. Mayor Noon opened the Public Hearing. Seeing no one present wishing to speak, the Public Minutes – Regular City Council Meeting December 13, 2010 Page 5 Hearing was closed. ; 8:50 PM Council Member Moon moved approval of ORDINANCE NO. 2010-O-26 AN ORDINANCE STATING THE INTENT OF THE CITY OF CENTENNIAL, COLORADO TO ACQUIRE CERTAIN REAL PROPERTY FOR THE PURPOSE OF CONSTRUCTING A TURN LANE AS PART OF SOUTH CHESTER STREET IMPROVEMENTS THROUGH EXERCISE OF THE CITY’S POWER OF EMINENT DOMAIN (Connor). Council Member Weidmann seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Anderson, Council Member Miller, Council Member Weidmann, Council Member Moon voting AYE, and (None) voting NAY; Abstain: 0; Absent: 0. THE MOTION Failed. Council Member Moon moved approval of ORDINANCE NO. 2010-O-26 AN ORDINANCE STATING THE INTENT OF THE CITY OF CENTENNIAL, COLORADO TO ACQUIRE CERTAIN REAL PROPERTY FOR THE PURPOSE OF CONSTRUCTING A TURN LANE AS PART OF SOUTH CHESTER STREET IMPROVEMENTS THROUGH EXERCISE OF THE CITY’S POWER OF EMINENT DOMAIN (Connor). Council Member Weidmann seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Bosier, Council Member McClellan, Council Member Anderson, Council Member Miller, Council Member Weidmann, Council Member Moon voting AYE, and Council Member Gardner voting NAY; Abstain: 0; Absent: 0. THE MOTION Passed. 12. Consideration of Resolutions a. General i. RESOLUTION NO. 2010-R-92 A RESOLUTION TO SET 2010 MILL LEVY (Thomas/Priday) Dawn Priday, Director of Finance, presented.; 9:29 PM Council Member Miller moved approval of RESOLUTION NO. 2010-R-92 A RESOLUTION TO SET 2010 MILL LEVY (Thomas/Priday). Council Member Weidmann seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Anderson, Council Member Miller, Council Member Weidmann, Council Member Moon voting AYE, and (None) voting NAY; Abstain: 0; Absent: 0. THE MOTION Passed. ii. RESOLUTION NO. 2010-R-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, AUTHORIZING THE CITY MANAGER TO EXECUTE CERTAIN CONTRACTS ON BEHALF OF THE CITY FOR SERVICES AND GOODS DURING CALENDAR YEAR 2011 (Thomas/Priday) Elisha Thomas, Assistant to the City Manager, presented.; 9:30 PM Council Member Weidmann moved approval of RESOLUTION NO. 2010-R-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, Minutes – Regular City Council Meeting December 13, 2010 Page 6 AUTHORIZING THE CITY MANAGER TO EXECUTE CERTAIN CONTRACTS ON BEHALF OF THE CITY FOR SERVICES AND GOODS DURING CALENDAR YEAR 2011 (Thomas/Priday). Council Member Moon seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Anderson, Council Member Miller, Council Member Weidmann, Council Member Moon voting AYE, and (None) voting NAY; Abstain: 0; Absent: 0. THE MOTION Passed. iii. RESOLUTION NO. 2010-R-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, AUTHORIZING THE MAYOR TO EXECUTE A PURCHASE AGREEMENT AND OTHER DOCUMENTS ON BEHALF OF THE CITY RELATED TO THE ACQUISITION OF CERTAIN REAL PROPERTY (Wedding-Scott) Jacque Wedding-Scott, City Manager, presented.; 9:36 PM Council Member Bosier moved approval of RESOLUTION NO. 2010-R-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, AUTHORIZING THE MAYOR TO EXECUTE A PURCHASE AGREEMENT AND OTHER DOCUMENTS ON BEHALF OF THE CITY RELATED TO THE ACQUISITION OF CERTAIN REAL PROPERTY (Wedding-Scott). Council Member Gardner seconded the motion. With Mayor Noon, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Anderson, Council Member Miller, Council Member Weidmann, Council Member Moon voting AYE, and Council Member Dindinger voting NAY; Abstain: 0; Absent: 0. THE MOTION Passed. 13. Consideration of Other Items a. General i. Request for Two City Council Members to Serve on the Ad Hoc Appointment Committee for the Senior Citizen Commission (Madison) Brenda Madison, City Clerk, presented. Council Member Bosier and Mayor Noon voluteered to serve on the Ad-hoc Appointment Committee.; 9:41 PM GENERAL BUSINESS 14. Other Matters as May Come Before Council Council Miller requested Council and staff to look to partner with the other Cities within the County to manage the CDBG funds. Council Member Dindinger congratulated Missy Franklin of Centennial for being named as one of the Sports Illustrated High School athlete of the year. Minutes – Regular City Council Meeting December 13, 2010 Page 7 ; 9:43 PM 15. Reports a. City Manager Jacque Wedding-Scott, City Manager, gave a brief report.; 9:49 PM b. City Attorney c. City Clerk d. Council Members Council Members Bosier, Gardner, Moon, and McClellan made brief reports.; 9:57 PM 16. Mayor's Report and Comments Mayor Noon made a brief report.; 9:58 PM 17. Executive Session Council Member Weidmann moved approval of Executive Session. Council Member Gardner seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Anderson, Council Member Miller, Council Member Weidmann, Council Member Moon voting AYE, and (None) voting NAY; Abstain: 0; Absent: 0. THE MOTION Passed. a. Executive Session Pursuant to C.R.S. §24-6-402(4)(e) to Determine Positions Relative to Negotiations and to Instruct Negotiators Concerning the Purchase of Real Property b. Executive Session Pursuant to C.R.S. 24-6-402(4)(f) to Discuss a Personnel Matter Pertaining to a City Employee for which the Employee has Verbally Consented to the Executive Session. 18. Adjourn