Meeting Minutes @ AuroraGov.org

Gary Gustafson, 698 South Moline Street, Aurora, CO 80012, 303-363-1561, stated he had come before Council a while back to talk about the drug problem in the City. He complimented the City for installing traffic cameras, and asked if that technology couldn’t be used to help find and catch people dealing drugs. He also stated he has a few friends who want to work, but can’t without losing Medicaid benefits, and he asked if Council could help in any way.

Mayor Tauer thanked Mr. Gustafson for the compliment, and stated that some of the cameras belong to the Colorado Department of Transportation for monitoring traffic, and some belong to the City of Aurora to help with red light violators. He suggested Mr. Gustafson contact his State or Federal Representatives for help with the Medicaid issue, as Council doesn’t have any control of that program.

Sheryle Hutter, 935 South Joliet Street, Aurora, CO 80012, 303-364-3840, stated she was present for the presentation of the sales tax increase for mental health services at a recent Council meeting. She is speaking on behalf of the Colorado Cross Disability Coalition and the Aurora Cross Disability Coalition, and they have concerns regarding the component that relates to the Aurora Mental Health Court. The Coalitions feel this is stereotyping and not equitable, and they would like to see the judicial system restructured to accommodate the needs of all disabled and special needs individuals. Ms. Hutter also stated she had heard the proposed recreation center for the Salvation Army will require a $35 million grant match, and wondered how many residents from South Aurora will use the facility.

Council Member Beer stated the proposed Kroc Center will receive a total grant of $70 million, $35 million for construction, and $35 million for providing services, and no match is required.

8. ADOPTION OF THE AGENDA

The agenda was adopted as presented with items 14a and 14b deferred to the March 6, 2006 City Council meeting, and items 15a and 15b deferred to the March 20, 2006 City Council meeting.

9. CONSENT CALENDAR - 9a-9g

General Business

a. Consideration to AWARD A SOLE SOURCE CONTRACT to Applied Knowledge, Inc. (AKI), Santa Ana, California, in the amount of $151,252.00 for software maintenance for the Tax and Licensing (T & L) computer system through December 31, 2006.

c. Consideration to AWARD CHANGE ORDER NUMBER NINE to a competitively bid Contract with Concrete Express, Inc., Denver, CO in the amount not to exceed $4,000,000.00 for the removal, disposal and backfill of landfill waste volumes containing excessive amounts of primarily friable asbestos within Landfill #1 exceeding the estimated costs made prior to actual excavation as part of the contract for Roadway Construction and Landfill Remediation - Fitzsimons (formerly Sand Creek) Parkway. Project Number 01054.

Motion by Markert, second by Sandstrom, to approve items 9a, c, with a waiver of reconsideration on 9c.

Voting Aye: Mayor Tauer, Beer, Broom, FitzGerald, Frazier, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

b. Consideration to AWARD AN OPENLY SOLICITED CONTRACT to CH2M HILL, Inc., Denver, Colorado, up to the amount of $8,828,929.00 for program management services related to the Prairie Waters project.

Council Member Markert stated all other contracts state a not-to-exceed amount, and asked for clarification on this item. Peter Binney, Director, Aurora Water, stated this contract is made up of multiple task orders, and the majority of those orders are specified with not-to exceed amounts. Council Member Markert asked if there would be any objections to changing the wording in the contract from “up to the amount” to “not-to-exceed amount”, and Mr. Binney stated he has no objection to the change. Charles Richardson, City Attorney, also stated this change is acceptable.

Council Member Hogan asked what was originally negotiated in the contract. Mr. Binney stated the negotiation was based on CH2M Hill’s definition of work products that they felt the City needed and the unit costs. The negotiation was based on tasks and activities that were mutually agreed to as needed by the City, and the not-to-exceed amounts give the City flexibility to control some of the functions of the project.

Motion by Markert, second by Beer, to approve item 9b with the phrase “not-to-exceed amount” inserted.

Voting Aye: Mayor Tauer, Beer, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

Final Ordinances

♦ d. Consideration of an ORDINANCE FOR FINAL amending certain sections of Article 8 of Chapter 146 of the City Code of the City of Aurora, Colorado, relating to the Airport Overlay Districts.

♦ e. Consideration of an ORDINANCE FOR FINAL rezoning a parcel of land generally located East of Potomac Street, North of Jewell Avenue, City of Aurora, County of Arapahoe, State of Colorado, from M-1 (Light Industrial District) to C-O (Commercial Office District) amending the Aurora Zoning Map accordingly 3.57 acres more or less. (Case Number 2005-2024-00)

♦ f. Consideration of an ORDINANCE FOR FINAL providing for the issuance and sale by the City of Aurora, Colorado, acting by and through its Utility Enterprise, of Revenue Bonds and other obligations for the purpose of financing or refinancing, in whole or in part, the cost of additions and improvements to the sewer system operated by the Utility Enterprise of the City.

♦ g. Consideration of an ORDINANCE FOR FINAL authorizing the issuance and sale by the City of Aurora, Colorado, acting by and through its Utility Enterprise, of First-Lien Sewer Improvement Revenue Bonds, Series 2006, in an aggregate principal amount not to exceed $65,000,000, for the purpose of financing, in whole or in part, the cost of additions and improvements to the sewer system operated by the Utility Enterprise, pledging certain funds and revenues of the Enterprise to the payment of such bonds, prescribing the form of such bonds, and providing other details in connection therewith.

Motion by Sandstrom, second by Hogan, to approve items 9d-g.

Voting Aye: Beer, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

10. RESOLUTIONS

♦ a. Consideration of a RESOLUTION approving an Intergovernmental Agreement between the City of Aurora, Colorado, and the Urban Drainage Flood Control District for improvements to the West Tollgate Creek at Quincy Reservoir.

Motion by Hogan, second by Peterson, to approve item 10a.

Voting Aye: Beer, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

11. PUBLIC HEARING WITHOUT RELATED ORDINANCE

♦ PUBLIC HEARING and consideration to APPROVE THE RESOLUTIONS listed in the agenda as items 11a – 11f concerning the approval of various new and amended special district service plans and authorizing the execution of various new and amended Intergovernmental Agreements between the City and said special districts.

Nancy Bailey, Manager of Development Assistance, gave a brief introduction, and stated if these resolutions are approved, the next step would be for each district to hold elections to set their mill levy. All of the Service Plans are in compliance with the City’s requirements, except for the Heather Ridge Plan. That group proposes the specific purpose of acquiring the Heather Ridge Golf Course, so they will not impose the Aurora Regional Infrastructure Mill Levy. Staff supports this exception. Representatives from the proposed districts were present to answer questions.

a. Consideration of a RESOLUTION of the City Council of the City of Aurora, Colorado, approving the amended and restated Service Plan for Eastgate Metropolitan District and authorizing the execution of an amended and restated Intergovernmental Agreement between the City and the District.

Motion by FitzGerald, second by Pierce, to approve item 11a.

Voting Aye: Beer, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

b. Consideration of a RESOLUTION of the City Council of the City of Aurora, Colorado, approving the Service Plans for Fitzsimons Village Metropolitan District Nos. 1, 2, and 3 and authorizing the execution of Intergovernmental Agreements between the City and the Districts.

Motion by FitzGerald, second by Pierce, to approve item 11b.

Voting Aye: Beer, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

c. Consideration of a RESOLUTION of the City Council of the City of Aurora, Colorado, approving the Service Plan for Heather Ridge Metropolitan District Nos. 1, 2, and 3 and authorizing the execution of an Intergovernmental Agreement between the City and the Districts.

Motion by Markert, second by Sandstrom, to approve item 11c.

Voting Aye: Beer, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

d. Consideration of a RESOLUTION of the City Council of the City of Aurora, Colorado, approving the Service Plans for Painted Prairie Metropolitan District Nos. 1, 2, 3, 4, 5, and 6 and authorizing the execution of Intergovernmental Agreements between the City and the Districts.

Motion by Peterson, second by Hogan, to approve item 11d.

Voting Aye: Beer, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

e. Consideration of a RESOLUTION of the City Council of the City of Aurora, Colorado, approving the amended and restated Service Plan for Park 70 Metropolitan District and authorizing the execution of an amended and restated Intergovernmental Agreement between the City and the District.

Motion by Hogan, second by Markert, to approve item 11e.

Voting Aye: Beer, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

f. Consideration of a RESOLUTION of the City Council of the City of Aurora, Colorado, approving the Service Plan for Pioneer Hills Metropolitan District and authorizing the execution of an Intergovernmental Agreement between the City and the District.

Motion by Peterson, second by Hogan, to approve item 11f.

Voting Aye: Beer, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

12. ORDINANCES FOR INTRODUCTION

♦ a. Consideration of an ORDINANCE FOR INTRODUCTION amending Section 146-1406 of the City Code of the City of Aurora, Colorado, relating to Tree Preservation, and approving an amended Tree Preservation Policy.

Council Member Hogan stated his concerns of replacing large trees with smaller trees or putting money into the tree replacement fund, since there are too few trees in the City already.

Council Member Markert thanked staff for all of the research done on this item.

Mayor Tauer also stated concerns on replacing large trees with smaller trees, noting some trees are difficult to transplant. He asked if a percentage can be required of the amount of trees to be replaced.

Rick Bowser, Manager of Forestry and Horticulture, stated putting money into the tree replacement fund is a last resort, with the main focus on keeping or replacing trees during development. He stated a required percentage is possible, but there are many items to be considered. Species, locations and conditions of trees are factors that have to be considered. In some cases, if a larger tree was in bad condition or in a bad location, a new smaller tree in a better location would be considered an equal replacement.

Motion by Pierce, second by Wallace, to introduce item 12a.

Voting Aye: Beer, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

13. ORDINANCES FOR FINAL

♦ a. Consideration of an ORDINANCE FOR FINAL vacating portions of Gartrell Road generally located North of Inspiration Drive and South of the Arapahoe County Line, City of Aurora, County of Douglas, State of Colorado. Case Number 2005-8002-00.

Council Member Beer stated he opposed this ordinance when it was introduced, but since then, all of the questions he had have been resolved, and he will support the final approval.

Motion by Peterson, second by FitzGerald, to approve item 13a.

Voting Aye: Beer, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

14. PLANNING MATTERS

♦ a. A PUBLIC HEARING and consideration of an ORDINANCE FOR INTRODUCTION amending the General Development Plan for the Singletree at DIA, regarding a parcel of land generally located North of 56^th Avenue, between Dunkirk Street and Genoa Street, City of Aurora, County of Adams, State of Colorado from Commercial to Multi-Family, 17 acres more or less. (Development Application Number DA-1191-07, Case Number 1998-2006-06).

b. A PUBLIC HEARING and consideration of a SITE PLAN with Waivers for 280 multi-family units. The project is located North of 56th Ave, between Dunkirk St and Genoa St. (Case Numbers 1998-2006-06 and 2005-7029-00).

Mayor Tauer stated the applicant requested deferral of items 14a and 14b to the March 6, 2006 Council Meeting.

Motion by Markert, second by Hogan, to defer items 14a and 14b to the March 6, 2006 Council meeting.

Voting Aye: Beer, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

15. ANNEXATIONS

a. Consideration of an ANNEXATION AGREEMENT between the City of Aurora and Urban-CoCal L. L. C., a Colorado Limited Liability Company, regarding a parcel of land located in the Northeast Quarter of Section 31, Township 5 South, Range 65 West of the 6^th Principal Meridian, County of Arapahoe, State of Colorado, (Guilford) 19.925 acres.

♦ b. Consideration of an ORDINANCE FOR FINAL annexing certain land located in the Northeast Quarter of Section 31, Township 5 South, Range 65 West of the 6^th Principal Meridian, County of Arapahoe, State of Colorado. (Guilford) 19.925 acres.

Mayor Tauer noted that the zoning ordinance needs to be approved before the annexation agreement or annexation ordinance can be considered, so those items need to be deferred to the date the zoning ordinance is finaled.

Motion by Peterson, second by Sandstrom, to defer items 15a and 15b to the March 20, 2006 Council meeting.

Voting Aye: Beer, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

♦ c. A PUBLIC HEARING and consideration of an ORDINANCE FOR INTRODUCTION for the Initial Zoning of a parcel of land generally located on the Southeast Corner of Irish Drive and Tallyns Reach Subdivision Flg No 13, City of Aurora, County of Arapahoe, State of Colorado, to E-470 Single-family detached low-density residential, amending the Aurora Zoning Map accordingly 19.925 acres more or less. (Guilford) (Development Application Number DA-1791-00, Case Number 2005-2027-00).

Ed Armold, Planning Department, gave a brief introduction of the item, noting the zoning conforms to the City’s Comprehensive Plan. The applicant intends to file an application for the Framework Development Plan and Contextual Site Plan at a later date. Planning Commission unanimously approved the zoning, and Staff also recommends approval.

Council Member Beer stated zoning issues concerning E-470 are still being approved administratively, and he would like to see the process changed in the future, to approve these issues during public hearings at Planning Commission meetings.

Motion by Hogan, second by FitzGerald, to introduce item 15c.

Voting Aye: Beer, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

16. RECONSIDERATIONS AND CALL-UPS

Motion by Tauer, second by Hogan, to call up Village at Fairplay Way, Case Numbers 2004-2028-00.

Mayor Tauer stated this is to call up the zoning, not the site plan. If Council approves a less dense zoning, the site plan will go back to the Planning Commission. If the Planning Commission approves the site plan, it will not come back to Council unless called up by an adjacent neighbor or Council member.

Voting Aye: Mayor Tauer, Beer, FitzGerald, Hogan, Markert, Pierce, Sandstrom, Wallace

Voting No: Peterson

17. GENERAL BUSINESS

a. Consideration to appoint one new member to a three-year term on the Cultural Affairs Commission

Council Member FitzGerald questioned why only one of the applicants is being appointed when there are additional vacancies. It was noted that the other applicant did not respond to the interview request for this board and is being appointed to another board.

Motion by Markert, second by Beer, to appoint Carol Wilkins to the Cultural Affairs Commission.

Voting Aye: Mayor Tauer, Beer, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

18. REPORTS

a. Report by the Mayor

Mayor Tauer reported he attended the Space Business Mission program with Council Member Hogan, and stated watching House and Senate Committees in action is very interesting. He noted that Colorado ranks fifth in the nation in aerospace jobs.

b. Reports by the Council

NOTE: For further information on applying for a board or commission, interested citizens may call 303-739-7094 or go to Aurora’s Web site at www.auroragov.org. Most boards and commissions have residency and voter registration requirements.

Council Member Peterson reported that the City of Aurora’s Capitol Day was great, and she thanked Julie George for organizing it.

Council Member FitzGerald announced two vacancies on the Cultural Affairs Commission. He also reported on the Cherry Creek Basin Water Quality Authority meeting he attended. The group is considering setting up five areas in the Cherry Creek Reservoir where air will be forced in to break through layers of phosphates.

Council Member Markert announced one vacancy for a Structural Design Engineer on the Building Code and Contractors Appeals & Standards Board. She complimented staff members who were instrumental in the expedited installation of a chirping crosswalk light in the neighborhood of a vision-impaired resident, and a weekend response to a vicious dog complaint.

Council Member Pierce announced one vacancy on the Citizens’ Advisory Committee on Housing & Community Development. He stated he and his wife attended opening night at the Fox Theatre presentation of Guys on Ice, and recommended it to everyone. He also reported a new exhibit ,Rock ‘n Roll - The Day They Came to Town, starts tomorrow at the Aurora History Museum, and it should be very entertaining.

Council Member Hogan announced one vacancy on the Art in Public Places Commission. He reported he participated in the Washington D.C. Space Business Mission program sponsored by the Aurora Economic Development Council. Many Aurora businesses were featured, along with other businesses in the metro area, as a way to strengthen relationships with space related businesses in Aurora and throughout Colorado.

Council Member Sandstrom announced two vacancies on the Aurora Fox Arts Center Board. She also reported on attending the grand opening of ProLogis’ new world headquarters in Denver, noting much of the operations and employees of the company are located in Aurora.

Council Member Wallace announced one vacancy for a Non-Voting Youth Alternate on the Human Relations Commission.

Council Member Beer announced three vacancies on the Aurora Commission for Seniors.

19. PUBLIC INVITED TO BE HEARD

None.

20. ADJOURNMENT

Mayor Tauer adjourned the regular meeting of City Council at 8:39 p.m.

_______________________________________

EDWARD J. TAUER, Mayor

ATTEST:

____________________________________________

DEBRA JOHNSON, City Clerk