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Regular City Council Meeting

Regular Meeting

Centennial, CO · December 4, 2017

AgendaPacketMinutes

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.

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