Regular City Council Meeting
Regular MeetingCentennial, CO · April 18, 2011
Minutes
MINUTES OF THE
CENTENNIAL CITY COUNCIL
Regular City Council Meeting
7:00 PM Monday, April 18, 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 opened the meeting at 8:17 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 Miller
Council Member Weidmann
Council Member Moon
Those absent were: None
Also present were: Jacque Wedding-Scott, City Manager
Bob Widner, City Attorney
Wayne Reed, Director of Community Development
Mike Pesicka, Senior Planner
Gary Wilson, Long Range Planning Manager
Mike Connor, Deputy Director of Public Works
Elisha Thomas, Assistant to the City Manager
Kimber Liss, Court Administrator
Don Wright, Support Services Manager
Brenda Madison, City Clerk
Barbara Setterlind, Deputy City Clerk
3. Pledge of Allegiance
Mayor Noon led the Pledge of Allegiance; 8:18 PM
4. Public Comment (None)
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Minutes – Regular City Council Meeting
April 18, 2011
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5. Scheduled Presentations
a. Youth Commission
Dylan McWharter, Youth Commissioner, made a brief report.
6. Consideration of Communications, Proclamations and Appointments (None)
CONSENT AGENDA
Council Member Moon 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 Anderson, Council Member Miller, Council
Member Weidmann, Council Member Moon voting AYE, and (None) voting NAY; Absent: 0.
THE MOTION Passed.
7. Consideration of Ordinances on First Reading (None)
8. Consideration of Resolutions (None)
9. Consideration of Other Items
a. Study Session April 11, 2011
b. Regular Meeting April 11, 2011
DISCUSSION AGENDA
10. Consideration of Land Use Cases
a. Public Hearings
i. RESOLUTION NO. 2011-R-42 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CENTENNIAL, COLORADO
APPROVING THE NILEX OFFICE AND DISTRIBUTION FACILITY
FINAL DEVELOPMENT PLAN, CASE NO. LU-10-001532
Mike Pesicka, Senior Planner, presented; 8:20 PM.
Mark Delgado, DCB Construction, appeared representing the application. He made a brief
presentation.
Mayor Noon opened the Public Hearing. Seeing no one present wishing to speak, the Public
Hearing was closed.
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Council Member McClellan moved approval of RESOLUTION NO. 2011-R-42 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO APPROVING THE
NILEX OFFICE AND DISTRIBUTION FACILITY FINAL DEVELOPMENT PLAN, CASE NO. LU-
10-001532 BASED ON STAFF'S FINDINGS SET FORTH ON PAGE 2 OF THE STAFF
REPORT. 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; Absent: 0.
THE MOTION Passed.
11. Consideration of Ordinances
a. Public Hearings
i. Second Reading: ORDINANCE NO. 2011-O-10 AN ORDINANCE
AUTHORIZING THE ACQUISITION OF TWO TRACTS IN
SOUTHFIELD PARK CONSISTING OF 4.97 ACRES, MORE OR
LESS, LOCATED GENERALLY WEST AND NORTH OF THE
CIVIC CENTER PARK PROJECT
Gary Wilson, Long Range Planning Manger, presented; 8:34 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 Second Reading: ORDINANCE NO. 2011-O-10 AN
ORDINANCE AUTHORIZING THE ACQUISITION OF TWO TRACTS IN SOUTHFIELD PARK
CONSISTING OF 4.97 ACRES, MORE OR LESS, LOCATED GENERALLY WEST AND
NORTH OF THE CIVIC CENTER PARK PROJECT. 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; Absent: 0.
THE MOTION Passed.
12. Consideration of Resolutions (None)
13. Consideration of Other Items
a. General
i. Appointment of Two City Council Members to the Ad Hoc
Appointment Committee for the Election Commission
Brenda Madison, City Clerk, presented; 8:41 PM.
Council Members Bosier and Gardner volunteered for the Ad Hoc Committee.
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ii. Board of Ethics – Presentation of Final Investigative Report
and Discussion Concerning Verified Complaint Against
Councilmember Bosier
Bob Widner, City Attorney, made a brief introduction; 8:43 PM.
Council Member Dindinger moved THE BOARD OF ETHICS WAIVE THE ATTORNEY-CLIENT
CONFIDENTIALITY OF THE FINAL INVESTIGATORY REPORT PREPARED BY ERIN SMITH
DATED APRIL 8, 2011, CONCERNING THE ALLEGATIONS FO THE VERIFIED COMPLAINT
AGAINST COUNCIL MEMBER BOSIER. Council Member Weidmann seconded the motion.
With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member
McClellan, Council Member Anderson, Council Member Miller, Council Member Weidmann,
Council Member Moon voting AYE, and (None) voting NAY; Absent: 0. THE MOTION Passed.
Erin Smith, Attorney with Norton Smith & Keane, P.C., presented her report concerning the
allegations of the verified complaint against Council Member Bosier.
Council Member Weidmann moved THAT COMPLAINT NO. 3 AND COMPLAINT NO. 1.4(d)
CONTAINED IN THE VERIFIED COMPLAINT BE DISMISSED AND INSTRUCT THE CITY
ATTORNEY TO PREPARE THE NECESSARY DOCUMENTS FOR BOARD OF EHTICS
APPROVAL TO FORMALLY DIMISS THE ALLEGATIONS. Council Member Miller seconded
the motion.
With Mayor Noon, Council Member Dindinger, Council Member Gardner, Council Member
McClellan, Council Member Anderson, Council Member Miller, Council Member Weidmann,
Council Member Moon voting AYE, and (None) voting NAY; Absent: 0. THE MOTION Passed.
Council Member Moon moved THAT THE BOARD OF ETHICS HOLD A HEARING ON AN
AVAILABLE REGULAR MEETING DATE SELECTED BY THE CITY MANAGER NOT LESS
THAN 30 DAYS FROM TODAY’S DATE FOR THE PURPOSE OF DECIDING WHETHER
COUNCIL MEMBER BOSIER ENGAGED IN A VIOLATION OF THE CENTENNIAL CODE OF
CONDUCT/CODE OF ETHICS AND, IF SO, TO CONSIDER AN APPROPRIATE PENALTY.
Council Member Weidmann 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 McClellan voting NAY; Absent: 0. THE MOTION Passed.
GENERAL BUSINESS
14. Other Matters as May Come Before Council
15. Reports
a. City Manager; 9:32 PM
Jacque Wedding-Scott, City Manager, made a brief report. Kimber Liss, Court Administrator,
gave a brief presentation concerning the Municipal Court.
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b. City Attorney (None)
c. City Clerk (None)
d. Council Members; 9:44 PM
Council Member Moon made a brief report.
16. Mayor's Report and Comments; 9:45 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 9:47 PM.
Respectfully submitted,
______________________________________
Brenda Madison, City Clerk
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Agenda
April 18, 2011
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. Presentation of the 2010 “Best in Colorado” Asphalt City Street
Resurfacing Award from the Colorado Asphalt Association (CAPA)
6. Consideration of Communications, Proclamations and Appointments (None)
Agenda – Regular City Council Meeting
April 18, 2011
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 (None)
9. Consideration of Other Items
a. Study Session April 11, 2011
b. Regular Meeting April 11, 2011
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. 2011-R-42 A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF CENTENNIAL,
COLORADO APPROVING THE NILEX OFFICE AND
DISTRIBUTION FACILITY FINAL DEVELOPMENT PLAN,
CASE NO. LU-10-001532 (Pesicka)
(Previous Action - Planning and Zoning Commission Meeting
03/23/11)
11. Consideration of Ordinances
a. Public Hearings
i. ORDINANCE NO. 2011-O-10 AN ORDINANCE
AUTHORIZING THE ACQUISITION OF TWO TRACTS IN
SOUTHFIELD PARK CONSISTING OF 4.97 ACRES, MORE
OR LESS, LOCATED GENERALLY WEST AND NORTH OF
THE CIVIC CENTER PARK PROJECT (Wilson)
(Previous Action – First Reading April 4, 2011)
12. Consideration of Resolutions (None)
Agenda – Regular City Council Meeting
April 18, 2011
Page 3
13. Consideration of Other Items
a. General
i. Appointment of Two City Council Members to the Ad Hoc
Appointment Committee for the Election Commission
(Madison)
ii. Board of Ethics – Presentation of Final Investigative Report
and Discussion Concerning Verified Complaint Against
Councilmember Bosier (Widner)
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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