Regular City Council Meeting
Regular MeetingCentennial, CO · December 4, 2017
Minutes
MINUTES OF THE
CENTENNIAL CITY COUNCIL
Regular City Council Meeting
7:00 PM Monday, December 04, 2017
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 7:15 PM.
2. Roll Call
Those present were: Mayor Noon
Council Member Moon
Council Member Piko
Council Member Lucas
Council Member Turley
Council Member Truhlar
Council Member Gotto
Council Member Whelan
Council Member Penaloza
Those absent were: None
Also present were: Matt Sturgeon, City Manager
Bob Widner, City Attorney
Elisha Thomas, Deputy City Manager
Jennifer Madsen, Assistant City Attorney
Chris Price, Assistant City Attorney
Eric Eddy, Assistant to the City Manager
Sheri Chadwick, Director of Communications
Steve Greer, Director of Community Development
Derek Holcomb, Deputy Director of Community Development
Barbara Setterlind, City Clerk
Ebony Vivens, Deputy City Clerk
3. Pledge of Allegiance
Mayor Noon led the Pledge of Allegiance.
4. Public Comment; 7:17 PM
John Brackney, 6038 S. Clayton Street, representing Metro Energy, asked for a member of
Council to join.
Minutes – Regular City Council Meeting
December 04, 2017
Page 2
5. Scheduled Presentations
a. Update from Emergency Services and Law Enforcement; 7:31 PM
Chief Rhodes, Cunningham Fire, made a report.
Chief Thompson, Arapahoe County Sheriff’s Office, made a report.
6. Consideration of Communications, Proclamations and Appointments (None)
CONSENT AGENDA
Council Member Piko Moved to Approve CONSENT AGENDA. Council Member Truhlar
seconded the motion.
With Mayor Noon, Council Member Moon, Council Member Piko, Council Member Lucas,
Council Member Turley, Council Member Truhlar, Council Member Gotto, Council Member
Whelan, Council Member Penaloza 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. Minutes
i. Study Session November 20, 2017
ii. Regular Meeting November 20, 2017
DISCUSSION AGENDA
10. Consideration of Land Use Cases
a. Public Hearings
i. RESOLUTION NO. 2017-R-37 A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF CENTENNIAL,
COLORADO, APPROVING A VARIANCE TO SECTION 12-3-
904(E) OF THE LAND DEVELOPMENT CODE
CONCERNING DEVELOPMENT PROPOSED WITHIN THE
60 DNL NOISE ZONE OF THE CENTENNIAL AIRPORT
INFLUENCE AREA (CASE NUMBER LU-17-00161 –
LINCOLN EXECUTIVE CENTER AIRPORT INFLUENCE
AREA VARIANCE REQUEST)
Minutes – Regular City Council Meeting
December 04, 2017
Page 3
Derek Holcomb, Deputy Director of Community Development, presented; 7:55 PM.
Carolyn White, Attorney with Brownstein Hyatt Farber Schreck, representing applicant,
presented.
Mayor Noon opened the Public Hearing.
Dylan Herberlein and Michael Fronapfel, representing Centennial Airport, discussed reasons
why airport opposes the variance.
Steve Rogers, 6253 S. Lima Way, stated he opposed the variance.
Rita Stylence 6061 S Lima Way, stated she opposed the variance.
Seeing no one else present wishing to speak, the Public Hearing was closed.
Ms. White gave closing arguments on why the variance should be approved.
Council Member Piko Moved to Approve Public Hearings. Council Member Turley seconded
the motion.
With Council Member Piko, Council Member Lucas, Council Member Turley, , Council Member
Gotto, Council Member Whelan, AYE, and Mayor Noon, Council Member Truhlar, Council
Member Moon and Council Member Penaloza voting NAY; Absent: 0. THE MOTION Passed.
11. Consideration of Ordinances
a. Public Hearings
i. ORDINANCE NO. 2017-O-20 AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF CENTENNIAL, COLORADO
AMENDING SECTION 8-1-30 THE CENTENNIAL MUNICIPAL
CODE CONCERNING MISUSE OF WIRELESS TELEPHONE
AND THE PENALTIES FOR VIOLATION THEREOF
Jennifer Madsen, Assistant City Attorney and Glenn Thompson, Arapahoe County Sheriff’s
Office, presented; 9:42 PM.
Mayor Noon opened the Public Hearing.
Bennett Rutledge, 4264 E. Maplewood, stated he supported 60% of this Ordinance but had
concerns.
Seeing no one else present wishing to speak, the Public Hearing was closed.
Council Member Piko Moved to Approve ORDINANCE NO. 2017-O-20 AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF CENTENNIAL, COLORADO AMENDING SECTION 8-
1-30 THE CENTENNIAL MUNICIPAL CODE CONCERNING MISUSE OF WIRELESS
TELEPHONE AND THE PENALTIES FOR VIOLATION THEREOF. Council Member Gotto
seconded the motion.
Minutes – Regular City Council Meeting
December 04, 2017
Page 4
With Mayor Noon, Council Member Moon, Council Member Piko, Council Member Lucas,
Council Member Turley, Council Member Truhlar, Council Member Gotto, Council Member
Whelan, Council Member Penaloza voting AYE, and (None) voting NAY; Absent: 0. THE
MOTION Passed.
ii. ORDINANCE 2017-O-21 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
Jeff Cadiz, Revenue Manager, presented; 9:48 PM.
Mayor Noon opened the Public Hearing.
Bennett Rutledge, 4264 E. Maplewood, had questions about the Ordinance and felt the taxes
should be lowered
Seeing no one else present wishing to speak, the Public Hearing was closed.
Council Member Piko Moved to Approve ORDINANCE 2017-O-21 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. Mayor Noon seconded the motion.
With Mayor Noon, Council Member Moon, Council Member Piko, Council Member Lucas,
Council Member Turley, Council Member Truhlar, Council Member Gotto, Council Member
Whelan, Council Member Penaloza voting AYE, and (None) voting NAY; Absent: 0. THE
MOTION Passed.
iii. ORDINANCE 2017-O-22 AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF CENTENNIAL APPROVING A
PURCHASE AND SALE CONTRACT TO ACQUIRE THE
REMAINING FIFTY PERCENT INTEREST IN TRACT A OF
PARKER JORDAN CENTENNIAL OPEN SPACE, AUTHORIZING
THE CITY TO ACCEPT TITLE TO SUCH PROPERTY,
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH
THE PARKER JORDAN METROPOLITAN DISTRICT
CONCERNING THE USE OF THE PROPERTY AND DECLARING
AN EMERGENCY
Andy Firestine, Assistant City Manager, presented; 9:55 PM.
Mayor Noon opened the Public Hearing;
Bennett Rutledge, 4264 E. Maplewood stated Home Rule Cities do not have to manage parks;
other entities do it well.
Seeing no one else present wishing to speak, the Public Hearing was closed.
Minutes – Regular City Council Meeting
December 04, 2017
Page 5
Council Member Piko Moved to Approve ORDINANCE 2017-O-22 AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF CENTENNIAL APPROVING A PURCHASE AND SALE
CONTRACT TO ACQUIRE THE REMAINING FIFTY PERCENT INTEREST IN TRACT A OF
PARKER JORDAN CENTENNIAL OPEN SPACE, AUTHORIZING THE CITY TO ACCEPT
TITLE TO SUCH PROPERTY, APPROVING AN INTERGOVERNMENTAL AGREEMENT
WITH THE PARKER JORDAN METROPOLITAN DISTRICT CONCERNING THE USE OF THE
PROPERTY AND DECLARING AN EMERGENCY. Council Member Turley seconded the
motion.
With Mayor Noon, Council Member Moon, Council Member Piko, Council Member Lucas,
Council Member Turley, Council Member Truhlar, Council Member Gotto, Council Member
Whelan, Council Member Penaloza voting AYE, and (None) voting NAY; Absent: 0. THE
MOTION Passed.
12. Consideration of Resolutions
a. General
i. RESOLUTION NO. 2017-R-57 A RESOLUTION OF THE CITY
COUNCIL FOR THE CITY OF CENTENNIALCOLORADO,
SUPPORTING REAUTHORIZATION BY THE GENERAL
ASSEMBLY OF THE COLORADO LOTTERY DIVISION IN 2018
Jennifer Madsen, Assistant City Attorney, presented; 10:02 PM.
Council Member Piko Moved to Approve RESOLUTION NO. 2017-R-57 A RESOLUTION OF
THE CITY COUNCIL FOR THE CITY OF CENTENNIALCOLORADO, SUPPORTING
REAUTHORIZATION BY THE GENERAL ASSEMBLY OF THE COLORADO LOTTERY
DIVISION IN 2018. Mayor Noon seconded the motion.
With Mayor Noon, Council Member Moon, Council Member Piko, Council Member Lucas,
Council Member Turley, Council Member Truhlar, Council Member Penaloza voting AYE, and
Council Member Gotto, Council Member Whelan voting NAY; Absent: 0. THE MOTION
Passed.
13. Consideration of Other Items (None)
GENERAL BUSINESS
14. Other Matters as May Come Before Council
Council Member said she was contacted about allowing Ducks as pets in the City. Asked for
consensus to bring back for further discussions. Council Member Turley withdrew her request
and will bring back in 2018.
Council Member Whelan expressed concerns with zoning with new development in the AIA.
Encouraged the next Council to take this up and develop a Policy about development within the
AIA and relationship with Centennial Airport.
Minutes – Regular City Council Meeting
December 04, 2017
Page 6
15. Reports
a. City Manager; 10:16 PM
Matt Sturgeon, City Manager, made a report.
b. City Attorney (None)
c. City Clerk (None)
d. Council Members; 10:25 PM
Council Members Moon, Turley, Penaloza, Gotto and Piko made reports.
16. Mayor's Report and Comments; 10:26 PM
Mayor Noon made a report.
17. Executive Session(None)
18. Adjourn
There being no further business to discuss, the Regular Meeting was adjourned at 10:30 PM.
Respectfully Submitted,
_______________________
Barbara Setterlind, City Clerk
Agenda
December 04, 2017
Regular City Council Meeting, 7:00 PM
City Council Chambers
13133 E. Arapahoe Road
Centennial, Colorado 80112
www.centennialco.gov
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 website. 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 general public
use, although applicants are permitted to display relevant illustrations and material useful in informing the
Council and public of a project. The public may, however, use the document camera for visual
presentation of materials, if desired.
5. Scheduled Presentations
a. Update from Emergency Services and Law Enforcement
6. Consideration of Communications, Proclamations and Appointments
CONSENT AGENDA
Agenda – Regular City Council Meeting
December 04, 2017
Page 2
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
Approval of any Ordinance on first reading by approving the consent agenda is intended only to set a
public hearing for the Ordinance and does not constitute a representation that the City Council, or any
member of the City Council, supports, approves, rejects, or denies the merits of the Ordinance.
8. Consideration of Resolutions
9. Consideration of Other Items
a. Minutes
i. Study Session November 20, 2017
ii. Regular Meeting November 20, 2017
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. 2017-R-37 A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF CENTENNIAL,
COLORADO, APPROVING A VARIANCE TO SECTION 12-3-
904(E) OF THE LAND DEVELOPMENT CODE
CONCERNING DEVELOPMENT PROPOSED WITHIN THE
60 DNL NOISE ZONE OF THE CENTENNIAL AIRPORT
INFLUENCE AREA (CASE NUMBER LU-17-00161 –
LINCOLN EXECUTIVE CENTER AIRPORT INFLUENCE
AREA VARIANCE REQUEST) (Public Hearing Continued
from September 5, 2017) (Holcomb)
11. Consideration of Ordinances
a. Public Hearings
i. ORDINANCE NO. 2017-O-20 AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF CENTENNIAL, COLORADO
Agenda – Regular City Council Meeting
December 04, 2017
Page 3
AMENDING SECTION 8-1-30 THE CENTENNIAL
MUNICIPAL CODE CONCERNING MISUSE OF WIRELESS
TELEPHONE AND THE PENALTIES FOR VIOLATION
THEREOF (Madsen)
ii. ORDINANCE 2017-O-21 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 (Cadiz/Juran)
iii. ORDINANCE 2017-O-22 AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF CENTENNIAL APPROVING A
PURCHASE AND SALE CONTRACT TO ACQUIRE THE
REMAINING FIFTY PERCENT INTEREST IN TRACT A OF
PARKER JORDAN CENTENNIAL OPEN SPACE,
AUTHORIZING THE CITY TO ACCEPT TITLE TO SUCH
PROPERTY, APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH THE PARKER JORDAN
METROPOLITAN DISTRICT CONCERNING THE USE OF
THE PROPERTY AND DECLARING AN EMERGENCY
(Price)
12. Consideration of Resolutions
a. General
i. RESOLUTION NO. 2017-R-57 A RESOLUTION OF THE
CITY COUNCIL FOR THE CITY OF
CENTENNIALCOLORADO, SUPPORTING
REAUTHORIZATION BY THE GENERAL ASSEMBLY OF
THE COLORADO LOTTERY DIVISION IN 2018 (Madsen)
13. Consideration of Other Items
a. General
i. Wireless Communications Facilities Update - Design for
Facilities in the Public Right-of-Way (Holcomb)
GENERAL BUSINESS
14. Other Matters as May Come Before Council
15. Reports
Agenda – Regular City Council Meeting
December 04, 2017
Page 4
a. City Manager
b. City Attorney
c. City Clerk
d. Council Members
16. Mayor's Report and Comments
17. Executive Session
18. Adjourn
Please call 303-754-3324 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.
Get email alerts for Centennial
A daily email when new agendas and minutes are posted.