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Regular City Council Meeting

Regular Meeting

Centennial, CO · March 5, 2012

AgendaPacketMinutes

Minutes

MINUTES OF THE CENTENNIAL CITY COUNCIL Regular City Council Meeting 7:00 PM Monday, March 05, 2012 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 7:05 PM. 2. Roll Call Those present were: Mayor Noon Council Member Dindinger Council Member Gardner Council Member Bosier Council Member McClellan Council Member Weidmann Council Member Moon Council Member Piko Council Member Lucas Those absent were: None Also present were: Dave Zelenok, Interim City Manager Bob Widner, City Attorney Elisha Thomas, Assistant City Manager/Director of Support Services Wayne Reed, Deputy City Manager/Director of Community Development Maureen Juran, Assistant City Attorney Andy Firestine, Principal Planner Mike Pesicka, Senior Planner Mike Connor, Deputy Director of Public Works Edward Stafford, Deputy Director of Public Works/City Engineer Craig Faessler, Program Director Public Works Travis Greiman, Public Works Project Programmer Corri Spiegel, Economic Development Manager Karen Stickland, Revenue Manager Jeff Cadiz, Sales and Use Tax Administrator Brenda Madison, City Clerk Barbara Setterlind, Deputy City Clerk 3. Pledge of Allegiance Mayor Noon led the Pledge of Allegiance. Minutes – Regular City Council Meeting March 05, 2012 Page 2 4. Public Comment (None) 5. Scheduled Presentations a. 2011 APWA Awards Presentation; 7:07 PM Mike Connor, Deputy Director of Public Works, introduced Paul Hindman, American Public Works Association, who presented the awards. b. Update from Emergency Services Group and Law Enforcement; 7:13 PM Becky O'Gwinn, South Metro Fire District, gave a brief report. Chief Bruce Williamson, Arapahoe County Sheriff's Office, made a brief report. c. Senior Commission Quarterly Report; 7:25 PM Jim Fleenor and Gail Ploen, Co-Chairs of the Senior Commission, made a brief report. d. Youth Commission Update; 7:30 PM Lizzie Stephani, Youth Commissioner, made a brief report. 6. Consideration of Communications, Proclamations and Appointments a. Swearing-in of Mayor Pro Tem Keith Gardner; 7:34 PM The Honorable Judge Ford Wheatley led the swearing-in of Mayor Pro Tem Keith Gardner. CONSENT AGENDA Council Member Gardner 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 Weidmann, Council Member Moon, Council Member Piko, Council Member Lucas voting AYE, and (None) voting NAY; Absent: 0. THE MOTION Passed. 7. Consideration of Ordinances on First Reading (None) 8. Consideration of Resolutions a. RESOLUTION NO. 2012-R-20 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL, COLORADO RE-APPOINTING ONE REGULAR MEMBER, RE-APPOINTING ONE ALTERNATE MEMBER AND APPOINTING ONE NEW ALTERNATE MEMBER TO THE LIQUOR LICENSING AUTHORITY AND DISSOLVING THE APPOINTMENT COMMITTEE City Council Minutes/2012 Council Minutes/2012-03-05 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting March 05, 2012 Page 3 9. Consideration of Other Items a. Minutes i. Study Session February 22, 2012 ii. Regular Meeting February 22, 2012 DISCUSSION AGENDA 10. Consideration of Land Use Cases a. Public Hearings Andy Firestine, Principal Planner, presented; 7:39 PM. Mark von Engeln, Easter Lima Development LLP, applicant, made a brief statement. Mayor Noon opened the Public Hearing. Jack Bush, Deputy County Attorney, Arapahoe County, expressed concerns that Arapahoe County had with the annexation petitions. Bob Widner, City Attorney, addressed the concerns expressed by Mr. Bush. Seeing no one else present wishing to speak, the Public Hearing was closed. Edward Stafford, Deputy Director of Public Works, answered questions from Council. i. RESOLUTION NO. 2012-R-06 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 EASTER-LIMA DEVELOPMENT Council Member Moon moved approval of RESOLUTION NO. 2012-R-06 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 EASTER-LIMA DEVELOPMENT BASED ON STAFF'S FINDINGS OF FACT AND CONCLUSION SET FORTH IN THE STAFF REPORT. Council Member McClellan seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Weidmann, Council Member Moon, Council Member Piko, Council Member Lucas voting AYE, and (None) voting NAY; Absent: 0. THE MOTION Passed. City Council Minutes/2012 Council Minutes/2012-03-05 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting March 05, 2012 Page 4 ii. ORDINANCE NO. 2012-O-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO ANNEXING CERTAIN TERRITORY TO THE CITY KNOWN AS THE EASTER- LIMA PROPERTY AND APPROVING AN ANNEXATION AGREEMENT Council Member McClellan moved approval of ORDINANCE NO. 2012-O-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO ANNEXING CERTAIN TERRITORY TO THE CITY KNOWN AS THE EASTER- LIMA PROPERTY AND APPROVING AN ANNEXATION AGREEMENT ON SECOND READING. Council Member Bosier seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Weidmann, Council Member Moon, Council Member Piko, Council Member Lucas voting AYE, and (None) voting NAY; Absent: 0. THE MOTION Passed. iii. ORDINANCE NO. 2012-O-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING INITIAL ZONING OF PROPERTY KNOWN AS THE EASTER-LIMA PROPERTY FROM ARAPAHOE COUNTY MIXED USE-PLANNED UNIT DEVELOPMENT TO CITY OF CENTENNIAL BUSINESS PARK (BP) AND PUBLIC OPEN SPACE AND RECREATION (OSR), AND AMENDING THE OFFICIAL ZONING MAP Council Member Lucas moved approval of ORDINANCE NO. 2012-O-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING INITIAL ZONING OF PROPERTY KNOWN AS THE EASTER-LIMA PROPERTY FROM ARAPAHOE COUNTY MIXED USE-PLANNED UNIT DEVELOPMENT TO CITY OF CENTENNIAL BUSINESS PARK (BP) AND PUBLIC OPEN SPACE AND RECREATION (OSR), AND AMENDING THE OFFICIAL ZONING MAP ON SECOND READING. Council Member McClellan seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Weidmann, Council Member Moon, Council Member Piko, Council Member Lucas voting AYE, and (None) voting NAY; Absent: 0. THE MOTION Passed. iv. RESOLUTION NO. 2012-R-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE ARAPAHOE COUNTY JUSTICE CENTER PARKING LOT EXPANSION FINAL DEVELOPMENT PLAN, CASE NO. LU-11-00170 Mike Pesicka, Senior Planner, presented; 8:11 PM. Rick Rome, with Nolte Vertical Five, representing the applicant, made a brief presentation. City Council Minutes/2012 Council Minutes/2012-03-05 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting March 05, 2012 Page 5 Mayor Noon opened the Public Hearing; seeing no one present wishing to speak, the Public Hearing was closed. Council Member Moon moved approval of RESOLUTION NO. 2012-R-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE ARAPAHOE COUNTY JUSTICE CENTER PARKING LOT EXPANSION FINAL DEVELOPMENT PLAN, CASE NO. LU-11-00170 BASED ON STAFF'S FINDINGS SET FORTH IN THE STAFF REPORT AND SUBJECT TO THE CONDITIONS OF APPROVAL LISTED IN THE RESOLUTION. Council Member Lucas seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Weidmann, Council Member Moon, Council Member Piko, Council Member Lucas voting AYE, and (None) voting NAY; Absent: 0. THE MOTION Passed. 11. Consideration of Ordinances a. Public Hearings i. ORDINANCE NO. 2012-O-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING PROVISIONS OF ARTICLE 1 OF CHAPTER 4 OF THE CENTENNIAL MUNICIPAL CODE CONCERNING IMPOSITION, COLLECTION, ADMINISTRATION AND ENFORCEMENT OF SALES AND USE TAX Maureen Juran, Assistant City Attorney, presented; 8:25 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. 2012-O-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING PROVISIONS OF ARTICLE 1 OF CHAPTER 4 OF THE CENTENNIAL MUNICIPAL CODE CONCERNING IMPOSITION, COLLECTION, ADMINISTRATION AND ENFORCEMENT OF SALES AND USE TAX . Council Member Moon seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Weidmann, Council Member Moon, Council Member Piko, Council Member Lucas voting AYE, and (None) voting NAY; Absent: 0. THE MOTION Passed. ii. ORDINANCE NO. 2012-O-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO STATING THE INTENT OF THE CITY TO ACQUIRE CERTAIN REAL PROPERTY THROUGH EXERCISE OF THE CITY’S POWER OF EMINENT DOMAIN FOR THE PURPOSE OF COMPLETING THE PEORIA & PEAKVIEW RECONSTRUCTION AND INTERSECTION IMPROVEMENTS PROJECT City Council Minutes/2012 Council Minutes/2012-03-05 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting March 05, 2012 Page 6 Travis Greiman, Public Works Project Programmer, and Mike Connor, Deputy Director of Public Works, presented; 8:28 PM. Mayor Noon opened the Public Hearing; seeing no one present wishing to speak, the Public Hearing was closed. Council Member Moon moved approval of ORDINANCE NO. 2012-O-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO STATING THE INTENT OF THE CITY TO ACQUIRE CERTAIN REAL PROPERTY THROUGH EXERCISE OF THE CITY’S POWER OF EMINENT DOMAIN FOR THE PURPOSE OF COMPLETING THE PEORIA & PEAKVIEW RECONSTRUCTION AND INTERSECTION IMPROVEMENTS PROJECT . Council Member Piko seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Bosier, Council Member McClellan, Council Member Weidmann, Council Member Moon, Council Member Piko, Council Member Lucas voting AYE, and Council Member Gardner voting NAY; Absent: 0. THE MOTION Passed. 12. Consideration of Resolutions a. Public Hearings i. RESOLUTION NO. 2012-R-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING THE 2012 BUDGET AND APPROVING A SUPPLEMENTAL APPROPRIATION FOR THE CAPITAL IMPROVEMENT FUND Edward Stafford, Deputy Director of Public Works/ City Engineer, presented; 8:48 PM Mayor Noon opened the Public Hearing, seeing no one present wishing to speak, the Public Hearing was closed. Council Member Gardner moved approval of RESOLUTION NO. 2012-R-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING THE 2012 BUDGET AND APPROVING A SUPPLEMENTAL APPROPRIATION FOR THE CAPITAL IMPROVEMENT FUND. Council Member Bosier seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Weidmann, Council Member Moon, Council Member Piko, Council Member Lucas voting AYE, and (None) voting NAY; Absent: 0. THE MOTION Passed. City Council Minutes/2012 Council Minutes/2012-03-05 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting March 05, 2012 Page 7 13. Consideration of Other Items a. General i. Two Council Member Volunteers to Serve on Each of the Ad Hoc Appointment Committees for the Board of Review and the Planning and Zoning Commission Brenda Madison, City Clerk, presented; 8:52 PM Council Members Piko and Lucas volunteered to serve on the Planning and Zoning Commission ad-hoc appointment committee. Council Members Bosier and Gardner volunteered to serve on the Board of Review ad-hoc appointment committee. GENERAL BUSINESS 14. Other Matters as May Come Before Council; 8:53 PM Council Member Gardner asked if Council would be interested in looking at snow removal on sidewalks. Consensus was not to move forward with this topic at this time. Council Member Bosier would like a committee formed to review boards and commissions. It was decided to wait until the cleanup ordinance is brought forward. 15. Reports a. City Manager; 8:54 PM Dave Zelenok, Interim City Manager, made a brief report. b. City Attorney (None) c. City Clerk; 8:59 PM Brenda Madison, City Clerk, made a brief report. d. Council Members; 9:01 PM Council Members Gardner, Moon, Piko, Lucas and McClellan made brief reports. 16. Mayor's Report and Comments; 9:04 PM Mayor Noon made a brief report. City Council Minutes/2012 Council Minutes/2012-03-05 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting March 05, 2012 Page 8 17. Executive Session a. Executive Session Pursuant to C.R.S. 24-6-402(4)(e) to Devise Negotiation Strategy and Instruct Negotiators on the Use of Municipal Property Council Member Gardner moved to go into Executive Session Pursuant to C.R.S. 24-6- 402(4)(e) to Devise Negotiation Strategy and Instruct Negotiators on the Use of Municipal Property. Council Member Bosier seconded the motion. With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member Bosier, Council Member McClellan, Council Member Weidmann, Council Member Moon, Council Member Piko, Council Member Lucas voting AYE, and (None) voting NAY; Absent: 0. THE MOTION Passed. Upon return, Mayor Noon stated that no topics other than the announced were discussed in the executive session. 18. Adjourn There being no further business to discuss, the Study Session was adjourned at 9:55 PM. Respectfully submitted, ____________________________ Brenda Madison, City Clerk City Council Minutes/2012 Council Minutes/2012-03-05 Regular Meeting Minutes.doc

Agenda

March 05, 2012 Regular City Council Meeting, 7:00 PM City Council Chambers 13133 E. Arapahoe Road Centennial, Colorado 80112 www.centennialcolorado.com 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 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, and any 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. 5. Scheduled Presentations a. 2011 APWA Awards Presentation b. Update from Emergency Services Group and Law Enforcement c. Senior Commission Quarterly Report d. Youth Commission Update (Lizzie Stephani) 6. Consideration of Communications, Proclamations and Appointments a. Swearing-in of Mayor Pro Tem Keith Gardner Agenda – Regular City Council Meeting March 05, 2012 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 (None) 8. Consideration of Resolutions a. RESOLUTION NO. 2012-R-20 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL, COLORADO RE- APPOINTING ONE REGULAR MEMBER, RE-APPOINTING ONE ALTERNATE MEMBER AND APPOINTING ONE NEW ALTERNATE MEMBER TO THE LIQUOR LICENSING AUTHORITY AND DISSOLVING THE APPOINTMENT COMMITTEE (Madison) 9. Consideration of Other Items a. Minutes (Madison) i. Study Session February 22, 2012 ii. Regular Meeting February 22, 2012 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. RESOLUTION NO. 2012-R-06 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 EASTER-LIMA DEVELOPMENT (Firestine) ii. ORDINANCE NO. 2012-O-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO ANNEXING CERTAIN TERRITORY TO THE CITY KNOWN AS THE EASTER- LIMA PROPERTY AND APPROVING AN ANNEXATION AGREEMENT (Firestine) Agenda – Regular City Council Meeting March 05, 2012 Page 3 iii. ORDINANCE NO. 2012-O-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING INITIAL ZONING OF PROPERTY KNOWN AS THE EASTER-LIMA PROPERTY FROM ARAPAHOE COUNTY MIXED USE-PLANNED UNIT DEVELOPMENT TO CITY OF CENTENNIAL BUSINESS PARK (BP) AND PUBLIC OPEN SPACE AND RECREATION (OSR), AND AMENDING THE OFFICIAL ZONING MAP (Firestine) iv. RESOLUTION NO. 2012-R-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE ARAPAHOE COUNTY JUSTICE CENTER PARKING LOT EXPANSION FINAL DEVELOPMENT PLAN, CASE NO. LU-11-00170 (Pesicka) 11. Consideration of Ordinances a. Public Hearings i. ORDINANCE NO. 2012-O-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING PROVISIONS OF ARTICLE 1 OF CHAPTER 4 OF THE CENTENNIAL MUNICIPAL CODE CONCERNING IMPOSITION, COLLECTION, ADMINISTRATION AND ENFORCEMENT OF SALES AND USE TAX (Juran/Stickland) ii. ORDINANCE NO. 2012-O-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO STATING THE INTENT OF THE CITY TO ACQUIRE CERTAIN REAL PROPERTY THROUGH EXERCISE OF THE CITY’S POWER OF EMINENT DOMAIN FOR THE PURPOSE OF COMPLETING THE PEORIA & PEAKVIEW RECONSTRUCTION AND INTERSECTION IMPROVEMENTS PROJECT (Greiman) 12. Consideration of Resolutions a. Public Hearings i. RESOLUTION NO. 2012-R-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING THE 2012 BUDGET AND APPROVING A SUPPLEMENTAL APPROPRIATION FOR THE CAPITAL IMPROVEMENT FUND (E. Stafford) Agenda – Regular City Council Meeting March 05, 2012 Page 4 13. Consideration of Other Items a. General i. Two Council Member Volunteers to Serve on the Ad Hoc Appointment Committee for the Board of Review and the Planning and Zoning Commission (Madison) 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 a. Executive Session Pursuant to C.R.S. 24-6-402(4)(e) to Devise Negotiation Strategy and Instruct Negotiators on the Use of Municipal Property 18. Adjourn 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, or for any additional information.

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