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MINUTES

Regular Meeting – Aurora City Council

Monday, July 28, 2008

CALL TO ORDER – A.U.R.A. URBAN RENEWAL AUTHORITY EXECUTIVE SESSION

Chairman Tauer convened the A.U.R.A. Executive Session of City Council at 5:48 p.m.

ROLL CALL

PRESIDING: Chairman Tauer

COMMISSIONERS PRESENT: Beer, Broom, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

OFFICIALS ABSENT: Frazier

OFFICIALS PRESENT: Executive Director/Secretary Miller, Treasurer Gross

City Clerk Debra Johnson announced the proposed items for discussion at A.U.R.A. Executive Session.

CONSIDERATION TO RECESS FOR A.U.R.A. EXECUTIVE SESSION

Motion by Broom, second by Wallace, to recess to A.U.R.A. Executive Session.

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

The Executive Session was recorded pursuant to the requirements of State law.

1. RECONVENE REGULAR MEETING OF JULY 28, 2008 AND CALL TO ORDER

Mayor Tauer reconvened the regular meeting of City Council at 7:33 p.m.

2. ROLL CALL

PRESIDING: Mayor Tauer

COUNCIL MEMBERS PRESENT: Beer, Broom, FitzGerald, Frazier, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

OFFICIALS PRESENT: City Manager Miller, City Attorney Richardson,

City Clerk Johnson

3. MOMENT OF SILENCE

4. PLEDGE OF ALLEGIANCE TO THE FLAG

Council Member Peterson noted Congress’ recent changes regarding the rules for rendering courtesy to the flag during the Pledge of Allegiance. She read, “For that purpose, members of the Armed Forces, both Active Duty and Retired, whether in uniform or not in uniform, are to render the military hand salute. All other persons whose national loyalty is to the United States are to stand in place and to place their hands over their hearts until the end of the Pledge of Allegiance.”

5. APPROVAL OF THE MINUTES OF THE MEETING OF JULY 14, 2008

Motion by Markert, second by Pierce, to approve the minutes of July 14, 2008 as presented.

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

Abstaining: Broom

6. CEREMONY

a. Recognition of Stetson Mathias – “If I were Mayor” CML Essay Contest Winner

Mayor Tauer and Mayor Pro Tem Markert invited Stetson Mathias to come forward to be recognized for winning the CML Essay Contest “If I were Mayor”. Stetson is an 8^th grader at Aurora Academy, who expressed his appreciation for the honor and read his winning essay for the public’s enjoyment.

7. PUBLIC INVITED TO BE HEARD (non-agenda related issues only)

Ann Rosart, Aurora, Colorado, Goodwill Ambassador, ARC of Aurora, invited everyone to the Summer Fest being held by the nonprofit – membership-based, grassroots association of the ARC of Aurora. The funds will benefit the “ARC of Aurora” as well as the “Caregivers of People with Developmental Disabilities.” Events will range from a chili-style cook-off to a dessert-off with secret celebrity judges. Summer Fest will take place from 1:00 p.m. to 7:00 p.m. on August 9, 2008 at Pitchers Sports Bar located at 1670 South Chambers Road in Aurora.

Kenneth Phillips, Aurora, Colorado, Dover Subdivision and Homeowners Association President, comprised of 313 homes, related a recent police incident regarding several unruly children committing acts of vandalism in his neighborhood. He placed a 9-1-1 call at 2:00 a.m. and did not receive a response until 6:00 a.m. He stated it was intolerable that the Aurora Police Department was so incredibly understaffed. He requested Council provide a report relating future plans regarding protecting City of Aurora citizens. He added he would bring his concerns to the local media if Council could not meet that request.

Mayor Tauer agreed the events related by Mr. Phillips were unacceptable and disturbing to Council, and asked Mr. Phillips to speak with Tom Nicholas, Deputy City Manager for Community Services, regarding this concern.

Joyce Spita, Aurora, Colorado, expressed concerns regarding the Building and Zoning Department permitting as it related to the destruction of local wildlife, specifically the prairie dogs. She noted the current prairie dog population had decreased to 1 – 2 percent of their original population. She went on to derail several misconceptions regarding the prairie dog and its lifestyle. In conclusion she quoted Albert Schweitzer, the 1952 Nobel Peace Prize winner for his philosophy of "reverence for ALL life.”

David Elser, Aurora, Colorado, Fieldstone Homeowners Association Treasurer, expressed concerns regarding the business practices of Simpson Housing, LP and their agreement with the Fieldstone Homeowners Association. He noted Simpson Housing, LP refused to honor their agreement with Fieldstone by means of altering, negotiating reductions, and even delaying the fulfillment of their agreements. He noted the HOA did not wish to pursue legal action currently but would welcome the City’s assistance in this regard.

Mayor Tauer stated the City could not intervene between HOAs and private companies. However, if the concern related to a site plan, he suggested Mr. Elser speak to the City Attorney’s office in that regard.

Cayce Dunn, Aurora, Colorado, Fieldstone Homeowners Association, discussed the injustice between Simpson Housing, LP and the Fieldstone Homeowners Association. He spoke specifically to the legal games played by Simpson Housing, LP, noting the conflicting promises and agreements. Mr. Dunn called out Simpson Housing, LP attorney, Michael Sheldon, as being guilty of bad business practices.

8. ADOPTION OF THE AGENDA

The agenda was adopted as presented.

9. CONSENT CALENDAR - 9a-9e

General Business

a. Consideration to EXTEND AN EXISTING CONTRACT that was competitively bid in 2007 to Neve's Uniforms, Incorporated, Denver, Colorado, in the amount not to exceed $68,000.00 for fire uniforms, tailoring services and related apparel as required

c. Consideration to EXTEND A OPENLY SOLICITED CONTRACT to Rocky Mountain Garage Door Service in the amount not to exceed $65,000.00 for overhead garage door services

d. Consideration to AWARD A SOLE SOURCE CONTRACT to AM Signal Inc., Littleton, Colorado in the amount of $71,300.00 to purchase Traffic Video Detection Equipment.

e. Consideration to AWARD A COMPETITIVELY BID CONTRACT to Tri-anim Health Services, Inc., Daytona Beach, Florida in the amount of $63,436.30 to purchase emergency medical supplies for the Emergency Management Division of the Fire Department. (B3832).

Motion by Pierce, second by Peterson, to approve items 9a,c – e.

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

b. Consideration to EXTEND AN OPENLY SOLICITED CONTRACT to Bart's Interiors, Incorporated, Aurora, Colorado in the amount not to exceed $85,000.00 for floor covering services through July 31, 2009

Council Member Pierce noted the contractor was requesting a six percent increase in pricing from a year ago, and asked for clarification regarding the discrepancy between the figures in the cost.

Russ Grant, Facilities Management Manager, stated that figure included an increase in scope.

Motion by Pierce, second by Markert, to approve item 9b.

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

10. RESOLUTIONS

♦ a. Consideration of a RESOLUTION of the City Council of the City of Aurora, Colorado, amending the Tax Increment Financing provision of the Fitzsimons Area Urban Renewal Plan

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

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

♦ b. Consideration of a RESOLUTION for an Amendment to the Intergovernmental Agreement (No. 08-05.04) between the City of Aurora, Colorado, acting by and through its Utility Enterprise and the Urban Drainage and Flood Control District regarding Design and Construction of Drainage and Flood Control Improvements for West Toll Gate Creek – City Center Tributary.

Motion by Markert, second by Peterson, to approve item 10b.

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

11. ORDINANCES FOR INTRODUCTION

♦ a. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, repealing and reenacting Section 114-72 of the City Code of the City Aurora, Colorado, regarding hours of operation for trash collection and hauling

Motion by Beer, second by FitzGerald, to introduce item 11a.

Council Member Beer initiated this ordinance primarily in response to a presentation from a Ward 3 citizen related to trash collection services within the City, which currently occurred in any neighborhood in the City on any day, thereby leaving trashcans on the street in any neighborhoods not covered by an HOA every day of the week. This ordinance would allow the City Manager to designate different parts of the City to schedule trash collection on various days of the week. There was mixed opinions from local trash haulers. The ordinance was a modest proposal meant to address unsightly environmental conditions throughout the City and was supported by the Business Advisory Board.

Council Member Hogan would not support the motion, but did appreciate Council Member Beer’s efforts in this regard. He expressed concerns related to the Business Advisory Board letter which recommended smaller trash hauler’s be given the opportunity to participate in the procurement process. He suggested that concern be addressed prior to approving the ordinance. He noted this does not apply to HOAs which created a loophole that ultimately undermined the intent of the ordinance. Lastly, he suggested this has the potential to inhibit competition for small trash haulers.

Council Member Frazier concurred. He liked the idea of a Citywide coordinated trash collection. However, given the response of small trash hauling businesses regarding potentially putting them out of business, he could not support it. He suggested perhaps more study of the issue should occur.

Council Member Peterson supported the ordinance. She receives frequent calls on this issue and the ordinance would solve the trash problems in the City. She added the intent of the ordinance was not to stifle small businesses and she did not see how it would.

Council Member Sandstrom would not support the ordinance. She understood it was well intended but suggested unintended consequences could be a result. She stated competition keeps rates down and the idea that small providers could go out of business is a real concern. She suggested neighborhoods get together to coordinate this effort on their own.

Council Member Pierce did not support the ordinance due to concerns related to the threat to small business owners.

Council Member Markert noted approving this ordinance would reduce the number of trash haulers and not trashcans on the street as smaller, less-expensive haulers would not be able to compete which would negatively impact her constituents.

Council Member FitzGerald supported the ordinance because it cleaned up the City.

Council Member Beer supported competition in the trash hauling industry. It has resulted in lower prices and good service in the City. He pointed out City Council is often called to balance interests between business and residential and while it was important to take everyone’s views into account, sometimes it was necessary to make a call. He reiterated this was a modest proposal meant to address an environmental condition throughout the City without putting any businesses at serious risk.

Voting Aye: Beer, FitzGerald, Peterson

Voting Nay: Broom, Frazier, Hogan, Markert, Pierce, Sandstrom, Wallace

♦ b. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, amending Section 130-4 of the City Code of the City of Aurora, Colorado, regarding tax increment financing in urban renewal areas.

Motion by Hogan, second by FitzGerald, to introduce item 11b.

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

12. ORDINANCES FOR FINAL

♦ a. Consideration of an ORDINANCE FOR FINAL of the City Council of the City of Aurora, Colorado, amending the definition of Temporary Employment Office contained within Article 20 of Chapter 146 of the City Code removing the distinction based upon remuneration for the provided service.

Motion by Wallace, second by Peterson to approve item 12a.

Jennifer Piper, Denver, Colorado, representing Coloradans for Immigrant Rights, spoke in opposition to the item. She expressed confusion regarding the intent behind the ordinance and wondered why nonprofits and for profits were classified in the same category. She asked Council to put this item aside for further review so that an alternate solution could be determined.

Erica Herrera, Denver, Colorado, representing El Centro Humanitario, spoke in opposition to the item. She discussed the function of El Centro Humanitario and how it benefits less fortunate members of society.

Minsun Ji, Denver, Colorado, Executive Director of El Centro Humanitario, spoke in opposition to the item. She stated this ordinance targets El Centro Humanitario and any other social service providers that may want to provide services in Aurora. She stated the ordinance was counterproductive and it was not a good time to pass it. She asked Council to reconsider the ordinance, noting El Centro Humanitario was not an employment agency but rather provided a service to organize workers who needed protection.

Council Member Beer asked Ms. Ji if she considered El Centro a temporary employment agency. Ms. Ji answered no.

Jose Angel Mijarez, Denver, Colorado, spoke in opposition to the item. He related his positive experience with El Centro, and asked Council to deny this ordinance so that Aurora and America could continue to grow and prosper.

Daryl Shute, Littleton, Colorado, agreed with Stetson Mathias that city government was essential to America as was the ability to work and make a living. This was getting more difficult in today’s society and anything that could be done to not place impediments on those who want to work should be practiced.

Harold Lasso, Denver, Colorado, related an event of perceived discrimination against a day worker by a City of Aurora police officer. He related his resignation from El Centro because El Centro wanted to continue negotiations with the City of Aurora. He challenged Council to cease and desist with this ordinance and if not, a lawsuit would be filed.

Nancy Rosas, Denver, Colorado, representing El Centro Humanitario, translated on behalf of Juan Carlos Ramos, Aurora, Colorado. Ms. Rosas explained Mr. Ramos has a family and needed to work to support them. Sometimes small companies need workers and they needed help finding people who would get the job done.

Reverend Doctor Miguel De La Torre, Centennial, Colorado, spoke in opposition to the item. He stated the ordinance was unconstitutional because it was designed to prohibit people of faith from ministering to those in need. He stated it blocked El Centro Humanitario from entering the downtown area and providing a process for obtaining employment and its approval encouraged the disenfranchisement of Hispanics.

Laura Dravenstott, Centennial, Colorado, spoke in opposition to the item. She requested the item be tabled until further options could be realized.

Sharity Lee, Denver, Colorado, spoke in opposition to the item. She stated this ordinance went against her understanding of hospitality because it put up roadblocks for an organization that harbors and helps people. She discussed the importance of day laborers to the community.

Nancy Rosas, Denver, Colorado, representing El Centro Humanitario, related the positive impact El Centro has had on the community. She pointed out Aurora in Spanish means a new day and that new day should be enjoyed by everyone in this country.

Anne Dunlap, Denver, Colorado, representing Liberation Community Church, spoke in opposition to the item. She noted Council Member Wallace has stated the intent behind the ordinance was to provide a level playing field and that would be fine if El Centro was playing the same game as the for profit agencies. She discussed the ways in which El Centro benefits the community, and asked Council to table the item until further discussions could take place.

Julie Todd, Denver, Colorado, El Centro Humanitario President, spoke in opposition to the item. She discussed the recent recognition of Aurora as an All-American City, and how working with El Centro would fit in with that acknowledgment. She related the many benefits El Centro provides to the community, clarifying El Centro was not a temporary employment agency. She asked Council to either oppose or table the ordinance indefinitely.

Scott Kwasny, Indian Hills, Colorado, representing Colorado Jobs with Justice, spoke in opposition to the item. He listed the various positive opportunities and services El Centro provides. He asked Council to table the item and to return to the table with El Centro Humanitario. He noted Mr. Lasso has removed himself from the situation and further discussion could bring El Centro and the City together to achieve the goal of supporting efforts in creating and orienting an increasingly diverse community.

Council Member Wallace spoke to Mr. Kwasny’s comments regarding Mr. Lasso removing himself from the situation. She stated she and Mr. Lasso began initial discussions on this issue and she contended if things had remained as they were, she and Mr. Lasso could have worked out a solution. She noted Mr. Lasso was an intelligent man and she expressed her hope that he would reconsider his resignation. She stated it was El Centro’s loss but she understood Mr. Lasso had to do what was best for his family.

Mohamed Zenat, Denver, Colorado, spoke in support of all laborers. He discussed the changing work climate in the United States. He understood zoning laws were necessary to control business densities but certain businesses work well adjacent to each other. He did not understand why places where people were seeking employment could not be next to each other as there was nothing wrong with competition.

Elsa Ortega, Aurora, Colorado, used a translator to speak in support of workers desperate to support their families.

Jesus Orrantia, Denver, Colorado, related contradictions he found in the City of Aurora such as the intent to create an equal playing field, and the City’s desire to have open dialogue.

John Brick, Englewood, Colorado, representing the Colorado Alliance for Immigration Reform, spoke in favor of the ordinance. He expressed concerns regarding the concentration of illegal labors and their employers doing business in the City of Aurora. El Centro was aiding and abetting persons not lawfully present in the United States, and the City of Aurora should do everything in its power to support efforts to stop this activity.

Lyle Daniels, Aurora, Colorado, spoke in support of the item. He stated there were many resources for day laborers to find work.

Scott Brown, Aurora, Colorado, spoke in support of the item. He stated respect was not being shown to America‘s laws, history or customs this evening. He welcomed everyone to this country that was willing to be here legally and those who desired to do so should abide by those laws governing immigration. This was not a faith issue but was rather a legal and economic issue. He went on to discuss his views on immigration in this country.

Council Member FitzGerald expressed appreciation to Mr. Brown for his even-handed testimony, noting he did not agree with everything stated. He asked Mr. Brown if he believed “innocent until proven guilty in a court of law” was an American principle. Mr. Brown answered affirmatively.

Raul Paz Pastcan, Denver, Colorado, spoke in opposition to the item. He stated the issue related to common sense because it did not make sense to shut out workers as if they did not exist. He pointed out the state of the economy meant they will continue to come to Aurora and El Centro.

Demetra Estefania Koelling, Englewood, Colorado, spoke in solidarity with the workers. She was a volunteer attorney who worked to support workers with wage claims. She discussed her experience supporting the workers at El Centro Humanitario and the negative manner in which City representatives treated them. She stated the City of Aurora and those supporting day laborers want the same thing which is a safe, prospering community. She asked Council to either deny or table the item.

Mayor Tauer asked Ms. Koelling to call his office tomorrow morning with regards to the negative treatment she related. Ms. Koelling agreed to do so.

Julien Ross, Denver, Colorado, representing the Colorado Immigrants’ Rights Coalition, spoke in opposition to the item. He asked Council to table the item until all entities involved in this concern could be considered.

Eugene Hogan, Aurora, Colorado, spoke in favor of the item. He read from previous Council minutes which clarified the issue at hand. He addressed the negative nature in which those Council Members who support this item have been portrayed. He stated this proposal was in the best interest of the City and requested Council support the ordinance.

Council Member Beer asked staff if, after hearing the testimony this evening from speakers and El Centro Humanitario representatives, if El Centro fell within the definition of a temporary employment office as considered by this ordinance.

Dave Lathers, Assistant city Attorney, answered affirmatively. He expressed his understanding from El Centro representatives that it was one of their primary functions.

Council Member Peterson expressed her shock, shame and insult at the lack of respect shown to the American flag during the Pledge of Allegiance by El Centro activists. She reminded everyone of the many righteous freedom fighters who gave their lives for this country.

Council Member FitzGerald would not support the item. He suggested it was a better proposition to table the item for six months to allow for further discussion and review.

Council Member Pierce supported the ordinance because he did not see the ordinance as racist, or an impediment for employment but as a simple ordinance stating nonprofit and for profit agencies were treated the same. He expressed his hope that whatever the vote, communications between the entities would continue.

Council Member Hogan supported the ordinance.

Council Member Frazier supported the ordinance and as Chairman of the Community Partnership Committee, he encouraged continued conversation in the search for finding a solution that benefited all those involved.

Council Member Broom supported the ordinance.

Council Member Sandstrom supported the ordinance. She stated there was a desire on behalf of several Council Members to continue to work on this issue.

Council Member Beer expressed his appreciation to all those who spoke on this issue this evening. He would not support the ordinance because it did not solve the problem at hand. He agreed a specific problem related to health, safety and traffic existed in North Aurora. He suggested time would be better spent working with organizations that could get day laborers off the street and actually solve the specific health and safety issue that exists today.

Council Member Wallace asked Assistant City Attorney Lathers to discuss how long and in what locations this issue has been a concern. Assistant City Attorney Lathers related his observations from when he was the Community Outreach Attorney in Ward 1. Council Member Wallace asked Council to support the ordinance.

Mayor Tauer expressed his appreciation to all those who spoke this evening and maintained a respectful manner.

Voting Aye: Broom, Frazier, Hogan, Peterson, Pierce, Sandstrom, Wallace

Voting Nay: Beer, FitzGerald, Markert

13. PLANNING MATTERS

♦ a. PUBLIC HEARING and an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, rezoning a parcel of land generally located at NE Corner of 6th Ave and Airport Blvd from M-1 (Light Industrial District) to B-1 (Retail Business District), and amending the Aurora Zoning Map accordingly, 34.0 acres more or less. (Whalen Properties/Aurora Convention Center)

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

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

b. PUBLIC HEARING to consider an appeal of the Planning Commission's decision to deny a Site Plan for a 210,000-square-foot convention center with waivers. (Whalen Properties/Aurora Convention Center).

Stephen Rodriguez, Planning Department, gave a brief presentation of the items. Item 13b, the Site Plan, was denied by the Planning Commission at the June 11, 2008 Planning Commission meeting because it did not meet the Airport Boulevard Overlay regulations set forth by City Council. The site plan proposes a 210,000-square-foot convention/conference center with associated parking to be located at the northeast corner of East 6^th Avenue and Airport Boulevard. Based on the scale of the project and visibility issues, staff supports the signage waiver request but not the setback waiver request.

Mayor Tauer asked staff to further clarify the setback concern. Mr. Rodriguez did so. He explained the *Vision Four Corridor was for a consistent streetscape along Airport Boulevard, which required pulling the buildings up to the street. This was the first significant development application that would do that. The applicant was requesting a waiver to place the building 540 feet from Airport Boulevard, thereby creating a sea of parking in front of the building facing the street. Mayor Tauer stated the requirements could not be met in this area because most of this area was currently developed. Mr. Rodriguez answered affirmatively. Mayor Tauer stated the requirement could not be met to the south due to the location of Buckley. Mr. Rodriguez answered affirmatively.

Craig Cahen, Centennial, Colorado, representing the applicant, gave a presentation of the item.

Mayor Tauer asked the approximate height of the front of the building. Mr. Cahen stated 42 feet. Mayor Tauer noted that related to between a three and four story building, adding moving it forward would require the access points to be redone. Mr. Cahen concurred.

Council Member FitzGerald stated the project looked great and was the right project at the right time.

Council Member Beer asked the construction timeline.

Andrea Wahlen, Aurora, Colorado, stated construction would begin as soon as possible and the project would take a year and a half to complete.

Council Member Beer discussed how recent economic conditions have affected development and asked the applicant if they had adequate financing to complete this project as presented. Ms. Wahlen answered affirmatively. Council Member Beer stated it was an attractive project and he would support it.

Council Member Wallace concurred, and asked how many handicap parking spaces were provided. Mr. Cahen stated 60.

Council Member Frazier agreed it was an attractive project. He asked if compromises to attempt to comply with the guidelines were considered in the design of this project. Mr. Cahen answered affirmatively. He related the applicant’s efforts in doing so; pointing out only the location of the building was out of compliance.

Council Member Pierce stated the Overlay District standards were put in place to avoid the large parking areas facing Airport as demonstrated in this plan.

Council Member Peterson disagreed. She noted lowering the parking lot would prevent lights from the lot from shining into the adjacent neighborhood, there was a great need for a Conference Center, the set up was good, the applicant paid for half of the traffic signal and added solar panels to the roof as the reasons she supported the item.

Frankie McGuire-Travis, Aurora, Colorado, stated she was unaware of the project proposal until she received the certified letter relating information on the hearing this evening. She expressed concerns regarding notice, the economics, traffic, and noise levels generated from the project as well as the location and size of the building and parking lot right behind her house.

Mayor Tauer stated the issue would be reviewed because the City takes notification very seriously.

Council Member Pierce asked Ms. McGuire-Travis if she lived in Laredo Highline. Ms. McGuire-Travis answered affirmatively. Council Member Pierce stated the backup states the Laredo Highline HOA took no position.

Council Member Frazier questioned how effective HOAs were with regards to providing information to its residences, and asked Ms. McGuire-Travis to speak to her sense of how widespread this problem was in her neighborhood. Ms. McGuire-Travis did so.

Council Member Markert asked Ms. McGuire-Travis to point out the location of her home. Ms. McGuire-Travis did so.

Madeline Campbell, Aurora, Colorado, concurred with Ms. McGuire-Travis that she did not receive notice other than the certified letter. She expressed concerns regarding traffic and noise in the area.

Joe Henry, Aurora, Colorado, concurred with the previous testimony regarding noise and traffic. He was not opposed to the project but had specific concerns regarding drainage. He noted he did receive notice.

Mr. Cahen confirmed notice was provided.

Council Member Pierce asked the proposed hours of operation. Mr. Cahen stated the hours of operation would conform with City of Aurora requirements.

Mayor Tauer asked staff to speak to notification. Mr. Rodriguez did so. He explained the code states an abutting property owner was required to be notified so property owners across the street should have been notified at least ten days prior to the hearing. Mayor Tauer asked if that referred to ten days prior to the City Council meeting. Mr. Rodriguez answered affirmatively. Mayor Tauer asked if the certified letter was considered adequate notice. Mr. Rodriguez stated not if it was not received less than ten days prior to the hearing. It was the applicant’s responsibility to furnish proof to staff that it was sent ten days prior to the hearing. Mayor Tauer asked if proof was provided. Mr. Rodriguez answered affirmatively.

Council Member Pierce asked staff for clarification regarding when notification of a hearing was required. Mr. Rodriguez clarified the requirement relates to both City Council and Planning Commission public hearings. Council Member Pierce noted the property owners should have received notice prior to the Planning Commission hearing. Mr. Rodriguez concurred.

Mayor Tauer asked staff to speak to notification.

Charles Richardson, City Attorney, did so. He explained there has been discussion regarding posted notice not appropriately erected on a site. The idea that someone attending a meeting would complain about the lack of sufficient notice was generally viewed as immaterial. He discussed the incentive in obstructing the posting. He was not suggesting anyone present tampered with the posting, and opined Planning staff and the developer’s assertion that the physical sign was on the property was the standard of proof. He directed Council’s attention to Page 98 of the backup, which states the applicant did submit notification to adjacent property owners. He pointed out Mr. Henry received notice.

Mayor Tauer pointed out the City Council supersedes the Planning Commission therefore someone present at the City Council meeting who did not receive notice of the Planning Commission meeting would, by their presence and under the law, be considered to have received sufficient notice. That did not address the HOAs lack of communication with the neighbors.

Council Member Peterson asked if the applicant had signed receipts for notice. Mr. Cahen answered affirmatively. Council Member Peterson asked if those included both the City Council and Planning Commission meetings.

Russell McMillen, Aurora, Colorado, answered affirmatively. He noted both have been provided to staff.

Motion by Peterson, second by Wallace, to approve item 13b, with the three waivers for setbacks, parking lot sitting and signage.

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

Voting Nay: Markert, Pierce

Council Member Frazier exited Chambers at 10:58 p.m.

c. PUBLIC HEARING to consider an appeal of the Planning Commission's decision to approve a Site Plan Amendment for a 50-foot stealth monopole CMRS facility generally located on the SE Corner of Buckley Rd and Iliff Ave. (T-Mobile CMRS at Buckley Square)

Peter Kernkamp, Planning Department, gave a presentation of the item. The Planning Commission approved the item on June 11, 2008 on a vote of 4 to 2 and staff recommends approval of the item.

Denise Gibbons, Denver, Colorado, representing the applicant, gave a presentation of the item.

Council Member Sandstrom asked the applicant to address the proposed alternate locations. Ms. Gibbons did so.

Steve Schuster, Aurora, Colorado, the appellant, related his reasons behind appealing the item. He expressed concerns regarding the specific location of the pole because the elevation goes down on this site, and trucks were often parked in the back of this site. He suggested the pole be moved to the southwest corner of the site as the current location was unsafe and illogical.

Jon Nazarane, Aurora, Colorado, stated the tower does not belong in the proposed location as it would reduce property values in the area.

Rollin Morgan, Aurora, Colorado, spoke in opposition to the item. He expressed concerns regarding health issues related to cell phone radiation and the proximity of a CMRS tower to his house.

Ms. Gibbons related security measures taken by the applicant, and the reasons why this location was chosen.

City Attorney Richardson stated Congress has barred local entities from engaging in a discussion of the alleged health affects of electromagnetic waves emitted from cell phone towers; therefore it was not applicable criteria for City Council to consider.

Mayor Tauer reiterated the discussion on this topic would not be barred but Council would not take any of the information into account in this matter.

John Keating, Denver, Colorado, explained the tower was needed to provide for more Emergency 9-1-1 accuracy and more basic coverage in the area and the reason this chosen location was the best to accomplish those objectives.

Mayor Tauer asked staff if this was a permitted use in this zone district. Mr. Kernkamp answered affirmatively.

Motion by Wallace, second by Pierce, to affirm the Planning Commission’s decision to approve item 13c.

Council Member Beer disclosed his extensive contact with T-Mobile and its representatives as a client of his real estate consulting firm. He asked staff if he should vote or abstain on this item. City Attorney Richardson recommended Council Member Beer abstain from voting on this item.

Council Member Pierce supported the motion but recommended the Operations Committee review the prohibition of co-location on existing City properties.

Voting Aye: Broom, FitzGerald, Hogan, Markert, Pierce, Wallace

Voting Nay: Sandstrom, Peterson

Abstained: Beer

d. Consideration of a Site Plan Amendment with a waiver for Original Hamburger Stand, located at 938 South Havana Street (Case Number 2000-6002-05)

Michael Smyth, Planning Department, gave a presentation of the item. Staff recommends approval of the item based on agreements made between the applicant and staff.

Motion by Beer, second by Markert, to approve item 13d.

Council Markert expressed appreciation to all those involved in this effort.

Arnold Shultz, Aurora, Colorado, representing Village East Neighborhood Association (VENA), spoke in favor of the item.

Thomas Marrier, Aurora, Colorado, representing the applicant, stated he would take “before and after” pictures of the site in order to demonstrate its success.