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Regular City Council Meeting

Regular Meeting

Centennial, CO · July 16, 2012

AgendaPacketMinutes

Minutes

MINUTES OF THE CENTENNIAL CITY COUNCIL Regular City Council Meeting 7:00 PM Monday, July 16, 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 7:02 PM. 2. Roll Call Those present were: Council Member Dindinger Council Member Gardner Council Member Bosier Council Member McClellan Council Member Weidmann Council Member Moon Council Member Piko Council Member Lucas Mayor Noon Those absent were: None Also present were: John Danielson, City Manager Bob Widner, City Attorney Linda Michow, Deputy City Attorney Elisha Thomas, Assistant City Manager/Director of Support Services Wayne Reed, Director of Community Development Rita McConnell, Deputy Director of Community Development Jeff Brasel, Principal Planner Laura Hoeppner, Government Affairs Liaison Brenda Madison, City Clerk Barbara Setterlind, Deputy City Clerk 3. Pledge of Allegiance The Pledge of Allegiance was led by Boy Scout Troop 794. 4. Public Comment (None) 5. Scheduled Presentations (None) City Council Minutes/2012 Council Minutes/2012-07-16 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting July 16, 2012 Page 2 6. Consideration of Communications, Proclamations and Appointments a. PROCLAMATION NO. 2012-P-06 A PROCLAMATION OF THE MAYOR OF THE CITY OF CENTENNIAL, COLORADO CELEBRATING ATHLETIC EXCELLENCE IN THE 2012 LONDON SUMMER OLYMPICS AND PROCLAIMING JULY 27, 2012 AS LONDON SUMMER OLYMPICS DAY IN THE CITY OF CENTENNIAL CONSENT AGENDA Council Member Gardner moved approval of 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 a. ORDINANCE NO. 2012-O-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING CHAPTER 7 (ANIMALS) AND CHAPTER 12 (2011 LAND DEVELOPMENT CODE) OF THE MUNICIPAL CODE CONCERNING THE KEEPING OF PETS, WILDLIFE AND LIVESTOCK AND ASSOCIATED DEFINITIONS b. ORDINANCE NO. 2012-O-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING CERTAIN PROVISIONS OF THE 2011 LAND DEVELOPMENT CODE CONCERNING FENCES, TEMPORARY SIGNS, AND LOCATIONAL RESTRICTIONS FOR CERTAIN COMMERCIAL USES 8. Consideration of Resolutions a. RESOLUTION NO. 2012-R-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, DESIGNATING AN ELECTION OFFICIAL, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH ARAPAHOE COUNTY FOR PARTICIPATION IN THE COORDINATED NOVEMBER 6, 2012, ELECTION, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH ARAPAHOE COUNTY FOR THE PRODUCTION AND MAILING OF A TABOR NOTICE PACKAGE AND APPROVING THE ELECTION CALENDAR FOR THE NOVEMBER 6, 2012 COORDINATED ELECTION b. RESOLUTION NO. 2012-R-48 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL, COLORADO, APPROVING AN AGREEMENT REVIVING AND EXTENDING THE TERM OF AND AMENDING THE GRANT FUNDING PARTICIPATION AGREEMENT WITH THE ARAPAHOE PARK AND RECREATION DISTRICT FOR FUNDING PINEY CREEK TRAIL SIGNAGE CONSTRUCTION AND INSTALLATION City Council Minutes/2012 Council Minutes/2012-07-16 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting July 16, 2012 Page 3 9. Consideration of Other Items (None) DISCUSSION AGENDA 10. Consideration of Land Use Cases a. Public Hearings Jeff Brasel, Senior Planner, presented; 7:23 PM. Mayor Noon opened the Public Hearing; seeing no one present wishing to speak, the Public Hearing was closed. i. RESOLUTION NO. 2012-R-39 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 / SEMSWA WINDMILL CREEK ANNEXATION Council Member Gardner moved approval of RESOLUTION NO. 2012-R-39 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 / SEMSWA WINDMILL CREEK ANNEXATION. 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. ii. ORDINANCE NO. 2012-O-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO ANNEXING CERTAIN TERRITORY TO THE CITY KNOWN AS THE CENTENNIAL / SEMSWA WINDMILL CREEK ANNEXATION Council Member Gardner moved approval of ORDINANCE NO. 2012-O-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO ANNEXING CERTAIN TERRITORY TO THE CITY KNOWN AS THE CENTENNIAL / SEMSWA WINDMILL CREEK ANNEXATION. 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/2012-07-16 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting July 16, 2012 Page 4 iii. ORDINANCE NO. 2012-O-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING INITIAL ZONING OF PROPERTY KNOWN AS THE CENTENNIAL / SEMSWA WINDMILL CREEK ANNEXATION PROPERTY FROM ARAPAHOE COUNTY MIXED USE- PLANNED UNIT DEVELOPMENT TO CITY OF CENTENNIAL INDUSTRIAL (I) AND PUBLIC OPEN SPACE AND RECREATION (OSR), AND AMENDING THE OFFICIAL ZONING MAP Jeff Brasel, Senior Planner, stated the City requested a continuance of this Ordinance; 7:22 PM Council Member Gardner moved to Continue Ordinance 2012-O-13 to September 5, 2012 at 7:00 PM. 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. 11. Consideration of Ordinances a. Public Hearings i. ORDINANCE NO. 2012-O-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING THE 2011 CITY OF CENTENNIAL LAND DEVELOPMENT CODE TO ESTABLISH A RESIDENTIAL AGRICULTURE OVERLAY ZONE DISTRICT AND ASSOCIATED REGULATIONS AND DEFINITIONS CONCERNING THE SAME AND AMENDING THE OFFICIAL ZONING MAP AND REZONING PROPERTIES THEREBY Wayne Reed, Director of Community Development, Rita McConnell, Deputy Director of Community Development, and Andy Firestine, Principal Planner, presented; 7:26 PM. Mayor Noon opened the Public Hearing. Richard Busby, 6864 S. Gibraltar Street, stated he opposed the building coverage recommendation. Dick Snedeker, 6528 S. Piney Creek Circle, thanked staff for their outstanding job with the focus group and neighborhood meetings. He stated he supported the ordinance. Seeing no one else present wishing to speak, the Public Hearing was closed. Mayor Noon re-opened the Public Hearing. City Council Minutes/2012 Council Minutes/2012-07-16 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting July 16, 2012 Page 5 Dick Snedeker, 6528 S. Piney Creek Circle, stated agricultural districts require the certain type of structures to be located on their properties. Jean Worley, 7157 S. Andes Circle, stated she attended the community outreach meetings and supported the twenty percent coverage. Andrea Suhaka, 6864 S. Ulster Circle, stated she attended most of the community outreach meetings and felt all neighborhoods were notified. Don Gregg, 6601 S. Olathe Street, stated the focus group met extensively and felt the issue shouldn't be tabled tonight and should be voted on as presented. Seeing no one else present wishing to speak, the Public Hearing was closed. Council Member Gardner moved approval of ORDINANCE NO. 2012-O-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING THE 2011 CITY OF CENTENNIAL LAND DEVELOPMENT CODE TO ESTABLISH A RESIDENTIAL AGRICULTURE OVERLAY ZONE DISTRICT AND ASSOCIATED REGULATIONS AND DEFINITIONS CONCERNING THE SAME AND AMENDING THE OFFICIAL ZONING MAP AND REZONING PROPERTIES THEREBY, AND EXCLUDING SECTION 8 & 9 OF THE ORDINANCE. 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 Piko, Council Member Lucas voting AYE, and Council Member Moon voting NAY; Absent: 0. THE MOTION Passed. [Motion was intended to determine Council support for Ordinance 2012-O-14 without including Sections 8 and 9 in the ordinance.] Council Member Gardner moved approval of ORDINANCE NO. 2012-O-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING THE 2011 CITY OF CENTENNIAL LAND DEVELOPMENT CODE TO ESTABLISH A RESIDENTIAL AGRICULTURE OVERLAY ZONE DISTRICT AND ASSOCIATED REGULATIONS AND DEFINITIONS CONCERNING THE SAME AND AMENDING THE OFFICIAL ZONING MAP AND REZONING PROPERTIES THEREBY, (INCLUDING SECTIONS 8 & 9 OF THE ORDINANCE). Council Member Bosier seconded the motion. With Council Member Dindinger, Council Member Moon, Council Member Bosier, Council Member McClellan, Council Member Weidmann, Council Member Lucas voting AYE, and Mayor Noon, Council Member Gardner, Piko voting NAY; Absent: 0. THE MOTION Passed. [Motion was offered with intent to pass Ordinance 2012-O-14 as written and to override first motion that excluded Sections 8 and 9. Motion passed 6-3 approving Ordinance 2012-O-14 as written and offered to Council on second reading and public hearing] City Council Minutes/2012 Council Minutes/2012-07-16 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting July 16, 2012 Page 6 The Meeting was recessed at 8:27 PM and reconvened at 8:40 PM. ii. ORDINANCE NO. 2012-O-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO ESTABLISHING A TEMPORARY MORATORIUM ON THE ACCEPTANCE, PROCESSING, OR APPROVAL OF ANY APPLICATION FOR ANY PERMIT OR APPROVAL PERTAINING TO OIL AND GAS OPERATIONS WITHIN CITY LIMITS Wayne Reed, Director of Community Development, and Linda Michow, Deputy City Attorney, presented; 8:41 PM. Mayor Noon opened the Public Hearing. Sonja Skakich-Scrima, 15011 E Arkansas Drive, Aurora, representing a concerned citizens group, discussed concerns with drilling in neighborhoods. Jim Schrack, 10170 Charissglenn Lane, Highlands Ranch, stated he supported the proposed moratorium. Phil Doe, 7140 S. Depew, representing Be the Change organization, stated he supported the proposed moratorium and discussed the use of water with fracking. Donavon O'Dell, 2494 W. Costilla Ave, Littleton, stated he supported the proposed moratorium and discussed the use of water with fracking. John Brackney, South Metro Chamber of Council, 6038 S. Clayton Street, stated the Chamber supported option 2 in the staff report and urged Council to study the issue by not by moratorium. Gary Schlageter, 19273 E. Euclid Drive, discussed the changes in the zoning districts and asked if drilling would affect the NC2A districts. Randee Webb, 12854 E. Villa Nova Drive, Aurora, stated she supported the proposed moratorium. David Paladino, 6151 S. Garfield Drive, stated he supported the proposed moratorium. Sandy Tolen, 2552 S. Macon, Aurora, stated she supported the proposed moratorium. Seeing no one else present wishing to speak; the Public Hearing was closed. Council Member Dindinger moved approval of ORDINANCE NO. 2012-O-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO ESTALBISHING A TEMPORARY SUSPENSION AND DELAY IN THE PROCESSING AND ACCEPTANCE OF ANY APPLICATION FOR ANY PERMIT OR APPROVAL PERTAINING TO OIL AND GAS OPERATIONS WITHIN CITY LIMITS. Council Member Moon seconded the motion. City Council Minutes/2012 Council Minutes/2012-07-16 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting July 16, 2012 Page 7 With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member McClellan, Council Member Weidmann, Council Member Moon, Council Member Piko voting AYE, and Council Member Bosier, Council Member Lucas voting NAY; Absent: 0. THE MOTION Passed. 12. Consideration of Resolutions (None) 13. Consideration of Other Items (None) GENERAL BUSINESS 14. Other Matters as May Come Before Council; 9:40 PM Council Member McClellan asked for consensus to discuss raises for Council Members and Mayor. Consensus was to have staff bring this back for discussion. Council Member Moon discussed directing staff before items are discussed with the entire Council. Council Member Lucas discussed Code Enforcement and right-of-way obstructions. Council Member Lucas asked if the City had received its road index survey back. John Danielson, City Manager, stated it would be in next Friday. Council Member Piko discussed the Open Space Advisory Board. 15. Reports a. City Manager (None) b. City Attorney (None) c. City Clerk (None) d. Council Members; 9:49 PM Council Members Weidmann, Lucas, McClellan, Bosier, Gardner and Moon made brief reports. 16. Mayor's Report and Comments; 9:53 PM Mayor Noon made a brief report. 17. Executive Session (None) City Council Minutes/2012 Council Minutes/2012-07-16 Regular Meeting Minutes.doc Minutes – Regular City Council Meeting July 16, 2012 Page 8 18. Adjourn There being no further business to discuss, the Regular Meeting was adjourned at 9:58 PM. Respectfully submitted, ____________________________ Brenda Madison, City Clerk City Council Minutes/2012 Council Minutes/2012-07-16 Regular Meeting Minutes.doc

Agenda

July 16, 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 (None) 6. Consideration of Communications, Proclamations and Appointments a. PROCLAMATION NO. 2012-P-06 A PROCLAMATION OF THE MAYOR OF THE CITY OF CENTENNIAL, COLORADO CELEBRATING ATHLETIC EXCELLENCE IN THE 2012 LONDON SUMMER OLYMPICS AND PROCLAIMING JULY 27, 2012 AS LONDON SUMMER OLYMPICS DAY IN THE CITY OF CENTENNIAL Agenda – Regular City Council Meeting July 16, 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 a. ORDINANCE NO. 2012-O-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING CHAPTER 7 (ANIMALS) AND CHAPTER 12 (2011 LAND DEVELOPMENT CODE) OF THE MUNICIPAL CODE CONCERNING THE KEEPING OF PETS, WILDLIFE AND LIVESTOCK AND ASSOCIATED DEFINITIONS (Firestine) b. ORDINANCE NO. 2012-O-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING CERTAIN PROVISIONS OF THE 2011 LAND DEVELOPMENT CODE CONCERNING FENCES, TEMPORARY SIGNS, AND LOCATIONAL RESTRICTIONS FOR CERTAIN COMMERCIAL USES (Firestine) 8. Consideration of Resolutions a. RESOLUTION NO. 2012-R-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO, DESIGNATING AN ELECTION OFFICIAL, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH ARAPAHOE COUNTY FOR PARTICIPATION IN THE COORDINATED NOVEMBER 6, 2012, ELECTION, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH ARAPAHOE COUNTY FOR THE PRODUCTION AND MAILING OF A TABOR NOTICE PACKAGE AND APPROVING THE ELECTION CALENDAR FOR THE NOVEMBER 6, 2012 COORDINATED ELECTION (Madison) b. RESOLUTION NO. 2012-R-48 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL, COLORADO, APPROVING AN AGREEMENT REVIVING AND EXTENDING THE TERM OF AND AMENDING THE GRANT FUNDING PARTICIPATION AGREEMENT WITH THE ARAPAHOE PARK AND RECREATION DISTRICT FOR FUNDING PINEY CREEK TRAIL SIGNAGE CONSTRUCTION AND INSTALLATION (Wilson) 9. Consideration of Other Items (None) DISCUSSION AGENDA 10. Consideration of Land Use Cases Agenda – Regular City Council Meeting July 16, 2012 Page 3 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-39 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 / SEMSWA WINDMILL CREEK ANNEXATION (Brasel) ii. ORDINANCE NO. 2012-O-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO ANNEXING CERTAIN TERRITORY TO THE CITY KNOWN AS THE CENTENNIAL / SEMSWA WINDMILL CREEK ANNEXATION (Brasel) iii. ORDINANCE NO. 2012-O-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING INITIAL ZONING OF PROPERTY KNOWN AS THE CENTENNIAL / SEMSWA WINDMILL CREEK ANNEXATION PROPERTY FROM ARAPAHOE COUNTY MIXED USE-PLANNED UNIT DEVELOPMENT TO CITY OF CENTENNIAL INDUSTRIAL (I) AND PUBLIC OPEN SPACE AND RECREATION (OSR), AND AMENDING THE OFFICIAL ZONING MAP (Brasel) 11. Consideration of Ordinances a. Public Hearings i. ORDINANCE NO. 2012-O-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING THE 2011 CITY OF CENTENNIAL LAND DEVELOPMENT CODE TO ESTABLISH A RESIDENTIAL AGRICULTURE OVERLAY ZONE DISTRICT AND ASSOCIATED REGULATIONS AND DEFINITIONS CONCERNING THE SAME AND AMENDING THE OFFICIAL ZONING MAP AND REZONING PROPERTIES THEREBY (McConnell) ii. ORDINANCE NO. 2012-O-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO ESTABLISHING A TEMPORARY MORATORIUM ON THE Agenda – Regular City Council Meeting July 16, 2012 Page 4 ACCEPTANCE, PROCESSING, OR APPROVAL OF ANY APPLICATION FOR ANY PERMIT OR APPROVAL PERTAINING TO OIL AND GAS OPERATIONS WITHIN CITY LIMITS (Pesicka) 12. Consideration of Resolutions (None) 13. Consideration of Other Items (None) 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 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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