Regular City Council Meeting

MINUTES OF THE CENTENNIAL CITY COUNCIL Regular City Council Meeting 7:00 PM Monday, February 23, 2011 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 Dindinger Council Member Gardner Council Member Bosier Council Member McClellan Council Member Anderson Council Member Weidmann Council Member Moon Those absent were: Council Member Miller, excused Also present were: Jacque Wedding-Scott, City Manager Bob Widner, City Attorney Wayne Reed, Director of Community Development Edward Stafford, City Engineer Elisha Thomas, Assistant to the City Manager Corri Spiegel, Economic Development Manager Dawn Priday, Director of Finance Mike Pesicka, Senior Planner Tom Pitchford, Chief Building Official Gloria Ochoa, Web/Help Desk Coordinator Don Wright, Support Services Manager Brenda Madison, City Clerk Barbara Setterlind, Deputy City Clerk 3. Pledge of Allegiance; 7:04 PM Members of Cub and Boy Scout Troops 127, 12, 171 and 113 led the Pledge of Allegiance. 4. Public Comment (None) X/City Council Minutes/2011 Council Minutes/2011-02-23 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting February 23, 2011 Page 2 5. Scheduled Presentations a. Information Regarding the State of Our City Luncheon; 7:06 PM Seth Young, Centennial Rotary Club, made a brief report. b. Update on Coalition Lobbyist’s Efforts to Advocate for I-25/Arapahoe; 7:08 PM Ken Butler, Paul Miller and Chad Wolf presented. 6. Consideration of Communications, Proclamations and Appointments (None) CONSENT AGENDA Council Member Dindinger requested item 8.a. be pulled and a separate vote be taken; 7:38 PM Council Member Weidmann requested item 8.c. be pulled and moved to Consideration of Resolutions at the end of the Agenda. Council Member Weidmann moved approval of the CONSENT AGENDA. Council Member Bosier seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Anderson, Council Member Weidmann, Council Member Moon voting AYE, and (None) voting NAY; Abstain: 0; Absent: 1. THE MOTION Passed. 7. Consideration of Ordinances on First Reading a. ORDINANCE NO. 2011-O-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING ARTICLE 6 OF CHAPTER 2 OF THE CENTENNIAL MUNICIPAL CODE CONCERNING CAMPAIGN AND POLITICAL FINANCE PRACTICES IN CITY ELECTIONS 8. Consideration of Resolutions b. RESOLUTION NO. 2011-R-24 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL, COLORADO APPROVING AN ECONOMIC DEVELOPMENT INCENTIVES POLICY d. RESOLUTION NO. 2011-R-34 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL, COLORADO, AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR A GREAT OUTDOORS COLORADO SPRING 2011 LOCAL PARKS AND OUTDOOR RECREATION PLANNING GRANT FOR 44 ACRES OF LAND LOCATED SOUTHEAST OF THE CORNER OF POTOMAC STREET AND FREEMONT AVENUE X/City Council Minutes/2011 Council Minutes/2011-02-23 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting February 23, 2011 Page 3 e. RESOLUTION NO. 2011-R-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT FOR FUNDING OF THE ENVIRONMENTAL ASSESSMENT AND INTERSTATE ACCESS REQUEST STUDY FOR THE INTERSTATE 25 / ARAPAHOE ROAD INTERCHANGE PROJECT 9. Consideration of Other Items a. Minutes i. Study Session February 14, 2011 ii. Regular Meeting February 14, 2011 8. Consideration of Resolutions (Item a.) a. RESOLUTION NO. 2011-R-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AUTHORIZING THE FUNDING PLAN FOR THE ACQUISITION OF A 44 ACRE PARCEL Council Member Weidmann moved approval of RESOLUTION NO. 2011-R-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AUTHORIZING THE FUNDING PLAN FOR THE ACQUISITION OF A 44 ACRE PARCEL. Council Member Anderson seconded the motion. With Mayor Noon, Council Member Bosier, Council Member Anderson, Council Member Weidmann, Council Member Moon voting AYE, and Council Member Dindinger, Council Member Gardner, Council Member McClellan voting NAY; Abstain: 0; Absent: 1. THE MOTION Passed. DISCUSSION AGENDA 10. Consideration of Land Use Cases a. Public Hearings i. RESOLUTION NO. 2011-R-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO SETTING FORTH CERTAIN FINDINGS OF FACT AND CONCLUSIONS AS TO THE ANNEXATION OF CERTAIN PROPERTY KNOWN AS THE CENTENNIAL PROMENADE SHOPPING CENTER Jeff Brasel, Principal Planner, presented; 8:02 PM Jacque Wedding-Scott, City Manager, read into the record a written message submitted by the applicant. Mayor Noon opened the Public Hearings. X/City Council Minutes/2011 Council Minutes/2011-02-23 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting February 23, 2011 Page 4 Andrea Suhaka, 6864 S. Ulster Circle, stated she supported this annexation. Seeing no one else present wishing to speak, the Public Hearing was closed. Council Member Anderson moved approval of RESOLUTION NO. 2011-R-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO SETTING FORTH CERTAIN FINDINGS OF FACT AND CONCLUSIONS AS TO THE ANNEXATION OF CERTAIN PROPERTY KNOWN AS THE CENTENNIAL PROMENADE SHOPPING CENTER. 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 Weidmann, Council Member Moon voting AYE, and (None) voting NAY; Abstain: 0; Absent: 1. THE MOTION Passed. ii. ORDINANCE NO. 2011-O-04 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF CENTENNIAL, COLORADO KNOWN AS THE CENTENNIAL PROMENADE SHOPPING CENTER Council Member Anderson moved approval of ORDINANCE NO. 2011-O-04 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF CENTENNIAL, COLORADO KNOWN AS THE CENTENNIAL PROMENADE SHOPPING CENTER. Council Member Bosier seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Anderson, Council Member Weidmann, Council Member Moon voting AYE, and (None) voting NAY; Abstain: 0; Absent: 1. THE MOTION Passed. iii. ORDINANCE NO. 2011-O-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING AN ANNEXATION AND DEVELOPMENT AGREEMENT FOR PROPERTY KNOWN AS THE CENTENNIAL PROMENADE SHOPPING CENTER AND ESTABLISHING VESTED PROPERTY RIGHTS PURSUANT TO C.R.S. SECTION 24-68-101, ET SEQ. Council Member Anderson moved approval of ORDINANCE NO. 2011-O-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING AN ANNEXATION AND DEVELOPMENT AGREEMENT FOR PROPERTY KNOWN AS THE CENTENNIAL PROMENADE SHOPPING CENTER AND ESTABLISHING VESTED PROPERTY RIGHTS PURSUANT TO C.R.S. SECTION 24-68-101, ET SEQ. 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 Weidmann, Council Member Moon voting AYE, and (None) voting NAY; Abstain: 0; Absent: 1. THE MOTION Passed. X/City Council Minutes/2011 Council Minutes/2011-02-23 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting February 23, 2011 Page 5 iv. ORDINANCE NO. 2011-O-06 AN ORDINANCE OF THE CITY OF CENTENNIAL, COLORADO APPROVING INITIAL ZONING OF PROPERTY KNOWN AS THE CENTENNIAL PROMENADE SHOPPING CENTER FROM ARAPAHOE COUNTY MIXED USE- PLANNED UNIT DEVELOPMENT TO CITY OF CENTENNIAL GENERAL COMMERCIAL DISTRICT (CG), AND AMENDING THE OFFICIAL ZONING MAP Council Member Gardner moved approval of ORDINANCE NO. 2011-O-06 AN ORDINANCE OF THE CITY OF CENTENNIAL, COLORADO APPROVING INITIAL ZONING OF PROPERTY KNOWN AS THE CENTENNIAL PROMENADE SHOPPING CENTER FROM ARAPAHOE COUNTY MIXED USE-PLANNED UNIT DEVELOPMENT TO CITY OF CENTENNIAL GENERAL COMMERCIAL DISTRICT (CG), AND AMENDING THE OFFICIAL ZONING MAP. 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 Weidmann, Council Member Moon voting AYE, and (None) voting NAY; Abstain: 0; Absent: 1. THE MOTION Passed. v. RESOLUTION NO. 2011-R-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE GODDARD SCHOOL ANNEX FINAL DEVELOPMENT PLAN, CASE NO. LU-10-00111, AND APPROVING AN AIRPORT INFLUENCE AREA VARIANCE IN ASSOCIATION THEREWITH Mike Pesicka, Senior Planner, presented; 8:28 PM. Don Casper, representing the applicant, made a presentation. Mayor Noon opened the Public Hearing. Seeing no one present wishing to speak, the Public Hearing was closed. Council Member McClellan moved approval of RESOLUTION NO. 2011-R-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE GODDARD SCHOOL ANNEX FINAL DEVELOPMENT PLAN, CASE NO. LU-10-00111, AND APPROVING AN AIRPORT INFLUENCE AREA VARIANCE IN ASSOCIATION THEREWITH. Council Member Anderson seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Anderson, Council Member Weidmann, Council Member Moon voting AYE, and (None) voting NAY; Abstain: 0; Absent: 1. THE MOTION Passed. X/City Council Minutes/2011 Council Minutes/2011-02-23 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting February 23, 2011 Page 6 11. Consideration of Ordinances a. Public Hearings i. ORDINANCE NO. 2011-O-07 AN ORDINANCE ADOPTING BY REFERENCE THE FIRST PRINTING OF THE INTERNATIONAL FUEL GAS CODE, 2009 EDITION, AND THE SECOND PRINTING OF THE INTERNATIONAL BUILDING CODE, 2009 EDITION, THE INTERNATIONAL RESIDENTIAL CODE, 2009 EDITION, THE INTERNATIONAL MECHANICAL CODE, 2009 EDITION, THE INTERNATIONAL PLUMBING CODE, 2009 EDITION, THE INTERNATIONAL ENERGY CONSERVATION CODE, 2009 EDITION, AND THE INTERNATIONAL FIRE CODE, 2009 EDITION, PROMULGATED BY THE INTERNATIONAL CODE COUNCIL AND THE NATIONAL ELECTRIC CODE AS ADOPTED BY THE STATE OF COLORADO; REPEALING CHAPTER 18 OF THE CENTENNIAL MUNICIPAL CODE; AND READOPTING ARTICLES 1 THROUGH 8 THEREOF (Pitchford) Tom Pitchford, Chief Building Official, presented; 8:41 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. 2011-O-07 AN ORDINANCE ADOPTING BY REFERENCE THE FIRST PRINTING OF THE INTERNATIONAL FUEL GAS CODE, 2009 EDITION, AND THE SECOND PRINTING OF THE INTERNATIONAL BUILDING CODE, 2009 EDITION, THE INTERNATIONAL RESIDENTIAL CODE, 2009 EDITION, THE INTERNATIONAL MECHANICAL CODE, 2009 EDITION, THE INTERNATIONAL PLUMBING CODE, 2009 EDITION, THE INTERNATIONAL ENERGY CONSERVATION CODE, 2009 EDITION, AND THE INTERNATIONAL FIRE CODE, 2009 EDITION, PROMULGATED BY THE INTERNATIONAL CODE COUNCIL AND THE NATIONAL ELECTRIC CODE AS ADOPTED BY THE STATE OF COLORADO; REPEALING CHAPTER 18 OF THE CENTENNIAL MUNICIPAL CODE; AND READOPTING ARTICLES 1 THROUGH 8 THEREOF. 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 Weidmann, Council Member Moon voting AYE, and (None) voting NAY; Abstain: 0; Absent: 1. THE MOTION Passed. 12. Consideration of Resolutions a. Public Hearings X/City Council Minutes/2011 Council Minutes/2011-02-23 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting February 23, 2011 Page 7 i. RESOLUTION NO. 2011-R-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING THE 2011 BUDGET AND APPROVING SUPPLEMENTAL APPROPRIATIONS FOR THE GENERAL, OPEN SPACE AND CAPITAL IMPROVEMENT FUNDS Dawn Priday, Director of Finance, presented; 8:49 PM. Mayor Noon opened the Public Hearing. Andrea Suhaka, 6864 S. Ulster Circle, stated she had concerns regarding this supplemental appropriation. Seeing no one else present wishing to speak, the Public Hearing was closed. Council Member Dindinger moved to bifurcate Resolution No. 2011-R-23. Council Member Bosier seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan voting AYE and Council Member Anderson, Council Member Weidmann, Council Member Moon voting NAY; Abstain: 0; Absent: 1. THE MOTION Passed. Council Member Dindinger moved to approval of a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING THE 2011 BUDGET AND APPROVING SUPPLEMENTAL APPROPRIATIONS FOR THE CAPITAL IMPROVEMENT FUNDS FOR FUNDING OF THE ENVIRONMENTAL ASSESSMENT AND INTERSTATE ACCESS STUDY FOR THE I-25 ARAPAHOE ROAD INTERCHANGE PROJECT. 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 Weidmann, Council Member Moon voting AYE, and (None) voting NAY; Abstain: 0; Absent: 1. THE MOTION Passed. Council Member Weidmann moved approval of a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING THE 2011 BUDGET AND APPROVING SUPPLEMENTAL APPROPRIATIONS FOR THE GENERAL AND OPEN SPACE FUNDS FOR THE FUNDING PLAN FOR THE ACQUISITION OF A 44 ACRE PARCEL. Council Member Moon seconded the motion. With Mayor Noon, Council Member Weidmann, Council Member Anderson, and Council Member Moon voting AYE, and Council Member Dindinger, Council Member Gardner, Council Member Bosier and Council Member McClellan voting NAY; Abstain: 0; Absent: 1. THE MOTION Failed. X/City Council Minutes/2011 Council Minutes/2011-02-23 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting February 23, 2011 Page 8 Council Member Bosier moved to reconsider Resolution 2011-R-22. Council Member Dindinger seconded. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan and Council Member Anderson voting AYE and Council Member Weidmann, Council Member Moon voting NAY; Abstain: 0; Absent: 1. THE MOTION Passed. Council Member Dindinger moved approval of RESOLUTION NO. 2011-R-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AUTHORIZING THE FUNDING PLAN FOR THE ACQUISITION OF A 44 ACRE PARCEL, AMENDING THE FUNDING PLAN SUBMITTED TO USE ONLY OPEN SPACE FUNDS FOR THE ACQUISITION. Council Member Gardner seconded the motion. Council Member Anderson moved to amend the motion TO USE THE APPROPRIATE AMOUNT OF MONEY TO ACQUIRE FIVE ACRES, INCLUDING THE RIGHT OF WAY, FROM THE GENERAL FUND, AND THE REMAINING AMOUNT FROM OPEN SPACE FUND. Council Member Weidmann seconded the motion. With Mayor Noon, Council Member Anderson, Council Member Weidmann, Council Member Moon and Council Member Bosier voting AYE and Council Member Dindinger, Council Member McClellan and Council Member Gardner voting NAY; Abstain: 0; Absent: 1. THE AMENDMENT Passed. With Mayor Noon, Council Member Anderson, Council Member Weidmann, Council Member Moon and Council Member Bosier voting AYE and Council Member Dindinger, Council Member McClellan and Council Member Gardner voting NAY; Abstain: 0; Absent: 1. THE MOTION Passed as amended. The meeting was recessed at 10:33 PM and reconvened at 11:14 PM. Council Member Dindinger moved to reconsider RESOLUTION NO. 2011-R-23, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING THE 2011 BUDGET AND APPROVING SUPPLEMENTAL APPROPRIATIONS FOR THE CAPITAL IMPROVEMENT FUNDS FOR FUNDING OF THE ENVIRONMENTAL ASSESSMENT AND INTERSTATE ACCESS STUDY FOR THE I-25 ARAPAHOE ROAD INTERCHANGE PROJECT. Council Member Anderson seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Anderson, Council Member Weidmann, Council Member Moon voting AYE, and (None) voting NAY; Abstain: 0; Absent: 1. THE MOTION Passed. X/City Council Minutes/2011 Council Minutes/2011-02-23 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting February 23, 2011 Page 9 Council Member Dindinger moved approval of RESOLUTION NO. 2011-R-37, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING THE 2011 BUDGET AND APPROVING SUPPLEMENTAL APPROPRIATIONS FOR THE GENERAL AND CAPITAL IMPROVEMENT FUNDS. Council Member Bosier seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Anderson, Council Member Weidmann, Council Member Moon voting AYE, and (None) voting NAY; Abstain: 0; Absent: 1. THE MOTION Passed. Council Member Dindinger moved approval of RESOLUTION NO. 2011-R-23, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING THE 2011 BUDGET AND APPROVING SUPPLEMENTAL APPROPRIATIONS FOR THE GENERAL AND OPEN SPACE FUNDS. Council Member Weidmann seconded the motion. (Council Member Anderson clarified that Resolution No. 2011-R-23 had been modified to include the purchase of five acres via General Funds and did not include the Walnut Hills Traffic Study). With Mayor Noon, Council Member Dindinger, Council Member Bosier, Council Member Anderson, Council Member Weidmann, Council Member Moon voting AYE, and Council Member Gardner and Council Member McClellan voting NAY; Abstain: 0; Absent: 1. THE MOTION Passed. 13. Consideration of Other Items; 10:33 PM (Item 8.c. moved from the Consent Agenda). Council Member Moon moved postponement of RESOLUTION NO. 2011-R-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CENTENNIAL AND COLORADO DEPARTMENT OF TRANSPORTATION FOR INTELLIGENT TRANSPORTATION SYSTEM UPGRADES ALONG ARAPAHOE ROAD. Council Member Bosier seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Anderson, Council Member Weidmann, Council Member Moon voting AYE, and (None) voting NAY; Abstain: 0; Absent: 1. THE MOTION Passed. GENERAL BUSINESS 14. Other Matters as May Come Before Council; 10:11 PM Council Member McClellan asked for consideration regarding items being placed on the Consent Agenda when there are Public Hearings scheduled regarding the same questions later in the meeting. X/City Council Minutes/2011 Council Minutes/2011-02-23 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting February 23, 2011 Page 10 Council Member Bosier asked to review the employees benefit packages. Council Member Dindinger and Moon stated this should be presented during the budget process. Council Member Anderson stated information in an email from staff would be helpful. 15. Reports a. City Manager; 10:24 PM Jacque Wedding-Scott, City Manager, made a brief report. Corri Spiegel, Economic Development Manager, discussed a new Economic Development Program. Wayne Reed, Director of Community Development, discussed the census results. b. City Attorney (None) c. City Clerk; 10:29 PM Brenda Madison, City Clerk, made a brief report. d. Council Members; 10:20 PM Council Member Weidmann, McClellan, Bosier, Gardner, and Moon made brief reports. 16. Mayor's Report and Comments; 10:21 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 11:35 PM. Respectfully submitted, ______________________________________ Brenda Madison, City Clerk X/City Council Minutes/2011 Council Minutes/2011-02-23 Regular Meeting Minutes.doc