Regular City Council Meeting

MINUTES OF THE CENTENNIAL CITY COUNCIL Regular City Council Meeting 7:00 PM Monday, March 18, 2013 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: 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: Also present were: Dave Zelenok, Interim City Manager Bob Widner, City Attorney 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 Minutes – Regular City Council Meeting March 18, 2013 Page 2 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. Jordan Rohde, discussed.; 7:04 PM 5. Scheduled Presentations a. Presentation of APWA Award (John McCarty) b. Rotary Club Invitation to State of Our City Event invited the City to the State of the City event.; 7:14 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 Piko 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; Abstain: 0; Absent: 0. THE MOTION Passed. 7. Consideration of Ordinances on First Reading (None) 8. Consideration of Resolutions a. RESOLUTION NO. 2013-R-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE PUBLIC SERVICE COMPANY OF COLORADO AND THE SOUTHEAST METRO STORMWATER AUTHORITY (McAskin) 9. Consideration of Other Items a. Minutes (Madison) i. Study Session March 4, 2013 Minutes – Regular City Council Meeting March 18, 2013 Page 3 ii. Regular Meeting March 4, 2013 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. 2013-O-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO REZONING PROPERTY KNOWN AS THE SOUTHFIELD CENTER PROPERTY FROM MIXED-USE PLANNED UNIT DEVELOPMENT (M-U PUD) UNDER THE 2001 LAND DEVELOPMENT CODE TO THE GENERAL COMMERCIAL (CG) ZONE DISTRICT UNDER THE 2011 LAND DEVELOPMENT CODE, AND AMENDING THE OFFICIAL ZONING MAP (Holcomb) Derek Holcmb, Planner II, presented. Steve Strickling, applicant, made a brief statement. Mayor Noon, opened the Public Hearing; seeing no one present wishing to speak, the Public Hearing was closed. ; 7:21 PM Council Member Lucas moved approval of ORDINANCE NO. 2013-O-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO REZONING PROPERTY KNOWN AS THE SOUTHFIELD CENTER PROPERTY FROM MIXED-USE PLANNED UNIT DEVELOPMENT (M-U PUD) UNDER THE 2001 LAND DEVELOPMENT CODE TO THE GENERAL COMMERCIAL (CG) ZONE DISTRICT UNDER THE 2011 LAND DEVELOPMENT CODE, AND AMENDING THE OFFICIAL ZONING MAP (Holcomb) . 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; Abstain: 0; Absent: 0. THE MOTION Passed. ii. ORDINANCE NO. 2013-O-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO Minutes – Regular City Council Meeting March 18, 2013 Page 4 REZONING PROPERTY KNOWN AS THE CENTENNIAL CENTER PROPERTY FROM MIXED-USE PLANNED UNIT DEVELOPMENT (M-U PUD) UNDER THE 2001 LAND DEVELOPMENT CODE TO THE GENERAL COMMERCIAL (CG) ZONE DISTRICT UNDER THE 2011 LAND DEVELOPMENT CODE, AND AMENDING THE OFFICIAL ZONING MAP (Holcomb) Derek Holcomb, Planner II, presented. Bob Koontz, Kelmore Development, applicant, made a brief statement. Mayor Noon opened, the Public Hearing. homeowner, in support. Home Owners President, discussed concerns the HOA had. Clark Roberts, 6500 S. Helena Street, expressed support of the zoning change. Seeing no one else present wishing to speak, the Public Hearing was closed. ; 7:28 PM Council Member Piko moved approval of ORDINANCE NO. 2013-O-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO REZONING PROPERTY KNOWN AS THE CENTENNIAL CENTER PROPERTY FROM MIXED-USE PLANNED UNIT DEVELOPMENT (M-U PUD) UNDER THE 2001 LAND DEVELOPMENT CODE TO THE GENERAL COMMERCIAL (CG) ZONE DISTRICT UNDER THE 2011 LAND DEVELOPMENT CODE, AND AMENDING THE OFFICIAL ZONING MAP (Holcomb) . Council Member Weidmann 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; Abstain: 0; Absent: 0. THE MOTION Passed. 11. Consideration of Ordinances (None) 12. Consideration of Resolutions a. General i. RESOLUTION NO. 2013-R-19 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL, COLORADO, DESIGNATING THREE PARK AREAS WITHIN THE SMOKY HILL METROPOLITAN DISTRICT SERVICE AREA AS NEIGHBORHOOD PARKS, APPROVING AN OPEN SPACE FUND GRANT FUNDING PARTICIPATION AGREEMENT BETWEEN THE CITY AND THE SMOKY HILL METROPOLITAN Minutes – Regular City Council Meeting March 18, 2013 Page 5 DISTRICT, AND AUTHORIZING THE USE OF OPEN SPACE FUNDS (Brasel) Jeff Brasel, Planning Manger, presented. Pat Martin, Smoky Hill Metropolitan District, was present and ansered questions from Council. ; 7:51 PM Council Member Piko moved approval of RESOLUTION NO. 2013-R-19 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CENTENNIAL, COLORADO, DESIGNATING THREE PARK AREAS WITHIN THE SMOKY HILL METROPOLITAN DISTRICT SERVICE AREA AS NEIGHBORHOOD PARKS, APPROVING AN OPEN SPACE FUND GRANT FUNDING PARTICIPATION AGREEMENT BETWEEN THE CITY AND THE SMOKY HILL METROPOLITAN DISTRICT, AND AUTHORIZING THE USE OF OPEN SPACE FUNDS (Brasel) . Council Member Weidmann 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; Abstain: 0; Absent: 0. THE MOTION Passed. 13. Consideration of Other Items GENERAL BUSINESS 14. Other Matters as May Come Before Council Council Member Moon recommended looking at re-negotiating the legal contract with Widner, Michow and Cox. Council Member Dindinger suggested an audit by a third party of the legal contract. Consensus was to form a subcommittee to look into this and report back to the full Council. Council Members Piko, Moon and Dindinger and Mayor Noon volunteered to be on the subcommittee. Council Member Gardner inquired about the impacts of the Affordable Health Act had on the City. John Danielson, City Manager, stated the Human Resource Director was looking into this. ; 7:57 PM 15. Reports a. City Manager John Danielson, City Manager, made a brief report.; 8:32 PM b. City Attorney Minutes – Regular City Council Meeting March 18, 2013 Page 6 c. City Clerk d. Council Members Council Members Gardner, Bosier, McClellan, Lucas, and Weidmann made brief reports.; 8:33 PM 16. Mayor's Report and Comments 17. Executive Session a. Executive Session Pursuant to C.R.S. 24-6-402(4)(e) to Instruct Negotiators Concerning a Potential Economic Development Opportunity on Arapahoe Road Council Member Piko moved approval of Executive Session Pursuant to C.R.S. 24-6-402(4)(e) to Instruct Negotiators Concerning a Potential Economic Development Opportunity on 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 Weidmann, Council Member Moon, Council Member Piko, Council Member Lucas voting AYE, and (None) voting NAY; Abstain: 0; Absent: 0. THE MOTION Passed. b. Executive Session Pursuant to C.R.S. 24-6-402(4)(e) to Instruct Negotiators Concerning the City's Financial Role in a Joint Opportunity Relative to Open Space Acquisition 18. Adjourn