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MINUTES
Regular Meeting – Aurora City Council
Monday, August 11, 2008

1. RECONVENE REGULAR MEETING OF AUGUST 11, 2008 AND CALL TO ORDER
Mayor Tauer reconvened the regular meeting of City Council at 7:32 p.m.
2. ROLL CALL
PRESIDING: Mayor Tauer
COUNCIL MEMBERS PRESENT: Beer, Broom, FitzGerald, Frazier, Markert, Peterson, Pierce, Sandstrom
COUNCIL MEMBER ABSENT: Hogan, Wallace
OFFICIALS PRESENT: City Manager Miller, City Attorney Richardson,
3. MOMENT OF SILENCE
4. PLEDGE OF ALLEGIANCE TO THE FLAG
5. APPROVAL OF THE MINUTES OF THE MEETING OF JULY 28, 2008
Motion by Sandstrom, second by Markert, to approve the minutes of July 28, 2008 as presented.
Voting Aye: Mayor Tauer, Beer, Broom, FitzGerald, Frazier, Markert, Peterson, Pierce, Sandstrom
6. CEREMONY
a. Swearing in of newly appointed Boards and Commission members – Presiding Judge Richard Weinberg
Name Board or Commission
Dexter Harding Building Code & Contractors Appeals and Standards Board
Duane R. Martin Citizen’s Water Advisory Committee
Presiding Judge Richard Weinberg administered the oath of office to the board and commission members. Mayor Tauer and City Council congratulated the members and thanked them for their service to Aurora.
b. Proclamation declaring August 2008 as Aurora Sentinel’s 100th Birthday Month – Mayor Tauer
Mayor Tauer invited H. Harrison Cochran Publisher, Aurora Sentinel and Daily Sun, to come forward to accept the proclamation. Mayor Tauer read the proclamation declaring August 2008 as Aurora Sentinel’s 100th Birthday Month. Mr. Cochran expressed appreciation for the proclamation.
7. PUBLIC INVITED TO BE HEARD (non-agenda related issues only)
Jim Hope, Aurora, Colorado, representing Village East Neighborhood Association, expressed concerns regarding the lack of attention to tree maintenance in his neighborhood. He noted the 11 homes with City trees in his neighborhood that have been neglected. He understood it was no fault of the Forestry Division, but simply due to a lack of manpower. He asked that efforts be made to mitigate this concern.
Mayor Tauer suggested Mr. Hope attend any of the City budget meetings to express his concerns, and directed him to speak with Nancy Freed, Deputy City Manager, Operations Group regarding this issue.
8. ADOPTION OF THE AGENDA
9. CONSENT CALENDAR - 9a-e
General Business
a. Consideration to AMEND AN OPENLY SOLICITED CONTRACT to CH2M HILL, Inc., Englewood, Colorado in an amount not to exceed $14,979,507.00 for program management services through May 31, 2011 for the Prairie Waters Project. R-1215. STAFF SOURCE: Darrell Hogan, Program Director, Prairie Waters Project
Council Member Beer related his invitation to a special event hosted by CH2M Hill at the upcoming Democratic National Convention. Due to the proximity of the approval of this item and his plan to attend the event, he would abstain from the vote in order to prevent any appearance of impropriety.
Council Member Markert noted she too would abstain for the same reason. She asked staff to speak to why this item was extended to 2011. Darrell Hogan, Program Director, Prairie Waters Project, did so, noting the project was on line to be completed in 2010 but the extension was in place only if needed solely for phase out purposes.
Council Member Peterson would abstain for the same reasons.
Voting Aye: Mayor Tauer, Broom, FitzGerald, Frazier, Pierce, Sandstrom
Abstaining: Beer, Markert, Peterson
b. Consideration to AWARD A SOLE SOURCE CONTRACT to Gades Sales Co., Inc., Denver, Colorado in the amount of $60,408.75 to purchase LED Traffic Signal Heads and Backplates for the Traffic Engineering Division of Public Works. STAFF SOURCE: Anna Bunce, Public Works
c. Consideration to APPROVE an amendment to the 2008 City Council Meeting Calendar. STAFF SOURCE: Janice Napper, Assistant City Manager
d. Consideration to AWARD A SINGLE SOURCE CONTRACT to Romberg and Associates, Evergreen, Colorado in the amount of $94,000.00 for State Lobbying services through December 2010. This item also appears on the August 11, 2008 Study Session agenda. STAFF SOURCE: Nancy Corley, Intergovernmental Relations Coordinator
e. Consideration to AWARD A SINGLE SOURCE CONTRACT to Romberg and Associates, Evergreen, Colorado in the amount of $370,284 for Federal Lobbying services through December 2010. This item also appears on the August 11, 2008 Study Session agenda. STAFF SOURCE: Nancy Corley, Intergovernmental Relations Coordinator
Motion by Beer, second by Broom, to approve items 9b – e.
Voting Aye: Mayor Tauer, Beer, Broom, FitzGerald, Frazier, Markert, Peterson, Pierce, Sandstrom
10. RESOLUTIONS
♦ a. Consideration of a RESOLUTION of the City Council of the City of Aurora, Colorado approving an Intergovernmental Agreement between Arapahoe County and The City of Aurora, for the General Election to be held November 4, 2008. STAFF SOURCE: Debra Johnson, City Clerk
Motion by Pierce, second by Sandstrom, to approve item 10a.
Voting Aye: Beer, Broom, FitzGerald, Frazier, Markert, Peterson, Pierce, Sandstrom
♦ b. Consideration of a RESOLUTION of the City Council of the City of Aurora, Colorado, approving an Intergovernmental Agreement between Arapahoe County and the City of Aurora, for the TABOR Notices for the General Election to be held November 4, 2008. STAFF SOURCE: Debra Johnson, City Clerk
Motion by Sandstrom, second by Broom, to approve item 10b.
Voting Aye: Beer, Broom, FitzGerald, Frazier, Markert, Peterson, Pierce, Sandstrom,
♦ c. Consideration of a RESOLUTION of the City Council of the City of Aurora, Colorado, approving an Intergovernmental Agreement between Douglas County and the City of Aurora, for the General Election to be held November 4, 2008. STAFF SOURCE: Debra Johnson, City Clerk
Motion by Broom, second by Peterson, to approve item 10c.
Council Member Beer asked why it was necessary to have a separate resolution on TABOR notices for Arapahoe County and not Adams or Douglas County. Debra Johnson, City Clerk, stated that was the format Arapahoe County sent the City and only TABOR notices would go out to Arapahoe County citizens.
Voting Aye: Beer, Broom, FitzGerald, Frazier, Markert, Peterson, Pierce, Sandstrom,
♦ d. Consideration of a RESOLUTION of the City Council of the City of Aurora, Colorado, approving an Intergovernmental Agreement between Adams County and City of Aurora, for the General Election to be held November 4, 2008. STAFF SOURCE: Debra Johnson, City Clerk
Motion by Peterson, second by Pierce, to approve item 10d.
Voting Aye: Beer, Broom, FitzGerald, Frazier, Markert, Peterson, Pierce, Sandstrom,
♦ e. Consideration of a RESOLUTION of the City Council of the City of Aurora, Colorado, amending the Cornerstar Urban Renewal Plan. STAFF SOURCE: Andrea Amonick, Urban Renewal Manager
Motion by Broom, second by Frazier, to approve item 10e.
Voting Aye: Beer, Broom, FitzGerald, Frazier, Markert, Peterson, Pierce, Sandstrom,
11. ORDINANCES FOR INTRODUCTION
♦ a. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, rewarding the bus bench and bus shelter franchise from September 23, 2008 through December 31, 2008 to CBS Outdoor. STAFF SOURCE: Mary Avgerinos, Neighborhood Services
Motion by Beer, second by FitzGerald, to introduce item 11a.
Voting Aye: Beer, Broom, FitzGerald, Frazier, Markert, Peterson, Pierce, Sandstrom,
♦ b. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, amending Sections 130-4, 130-266, and 130-267 of the City Code of the City of Aurora, Colorado, regarding the use of tax increment financing in urban renewal areas and the terms of tax incentive agreements. STAFF SOURCE: Michael Hyman, Assistant City Attorney
Motion by FitzGerald, second by Frazier, to introduce item 11b.
Voting Aye: Beer, Broom, FitzGerald, Frazier, Markert, Peterson, Pierce, Sandstrom
12. PLANNING MATTERS
♦ a. PUBLIC HEARING and RECONSIDERATION of a Site Plan Amendment for Arash Grocery to convert a building that is currently vacant into a small grocery store and construct a 35-foot by 70-foot addition to the rear of the building, generally located at the Southeast Corner of Yale Avenue and Parker Road. (Arash Groceries at the Shores) Approved 6-0 (Hill absent) at the April 9, 2008 Planning Commission meeting; Called up by City Council at the April 21, 2008 meeting; Denied 10-1 (Frazier voting no) by City Council at the June 2, 2008 meeting; Called up by City Council at the June 16, 2008 meeting; Called up by City Council at the July 28, 2008 City Council meeting. STAFF SOURCE: Kim Kreimeyer. Planning
Kim Kreimeyer, Planning Department, gave a brief presentation of the item. City Council requested the applicant have more time to discuss outstanding issues with staff and the neighbors. The outstanding issues have been addressed and agreed upon and the conditions have been incorporated into the site plan.
Council Member Markert commended all those involved for working together on this issue. She was convinced this would be an asset to the community.
Council Member Pierce asked if the note that limited delivery trucks to two per week and delivery times were agreed upon modifications noted on the site plan. Ms. Kreimeyer answered affirmatively. Council Member Pierce noted doing so was a great idea because it allowed for an enforcement tool for the future.
Mehran Diba, Centennial, Colorado, representing the applicant, expressed appreciation to all those involved in this issue, and related he was present to answer any questions.
Council Member Markert related her visit to the site to view the proposed changes.
Mayor Tauer asked Mr. Diba if he understood that additional conditions were being placed on the site plan. Mr. Diba answered affirmatively.
Charles Richardson, City Attorney, read the following statement into the record, “Whether the applicant has availed themselves of the additional time with staff and the neighborhood groups such that the Applicant is now able to provide sufficient assurances that potential traffic connectivity difficulties will be mitigated and such that potential nuisance impacts will be proactively addressed.” (Criteria #’s 7 & 11)
James Pierce, Aurora, Colorado, spoke in favor of the item, and concurred with Council Member Markert’s comments.
Council Member Markert noted Mr. Pierce has agreed to act as neighborhood liaison for this matter.
Shirley Scott, Denver, Colorado, representing Tyndall Green II Homeowners Association, spoke in favor of the item.
Motion by Markert, second by Sandstrom, to approve item 12a.
Voting Aye: Beer, Broom, FitzGerald, Frazier, Markert, Peterson, Pierce, Sandstrom
13. ANNEXATIONS

♦ a. Consideration of a RESOLUTION of the City Council of the City of Aurora, Colorado, finding a petition for annexation of a parcel of land located in the Northeast quarter of Section 13, Township 3 South, Range 66 West, of the 6th Principal Meridian, County of Adams, State of Colorado, to be in substantial compliance with Section 31-12-107(1), Colorado Revised Statutes, and giving notice of a Public Hearing on the proposed annexation (Green Valley Aurora LLC Parcel 1, 133 acres). STAFF SOURCE: Scott VanGenderen, Office of Development Assistance
Motion by Peterson, second by Pierce, to approve item 13a.
Voting Aye: Beer, Broom, FitzGerald, Frazier, Markert, Peterson, Pierce, Sandstrom
♦ b. Consideration of a RESOLUTION of the City Council of the City of Aurora, Colorado, finding a petition for annexation of a parcel of land located in the Southeast quarter of Section 13, Township 3 South, Range 66 West, of the 6th Principal Meridian, County of Adams, State of Colorado, to be in substantial compliance with Section 31-12-107(1), Colorado Revised Statutes, and giving notice of a Public Hearing on the proposed annexation (Green Valley Aurora LLC Parcel #2, 20.076 acres). STAFF SOURCE: Scott VanGenderen, Office of Development Assistance
Motion by Peterson, second by FitzGerald, to approve item 13b.
Voting Aye: Beer, Broom, FitzGerald, Frazier, Markert, Peterson, Pierce, Sandstrom
♦ c. Consideration of a RESOLUTION of the City Council of the City of Aurora, Colorado, finding a petition for annexation of a parcel of land located in Southwest 1/4 of Section 19, Township 3 South, Range 65 West, of the Sixth Principal Meridian, County of Adams, State of Colorado, to be in substantial compliance with Section 31-12-107(1), Colorado Revised Statutes, and giving notice of a Public Hearing on the proposed annexation (Green Valley East LLC Parcel #3, 30.609 acres). STAFF SOURCE: Scott VanGenderen, Office of Development Assistance
Motion by Peterson, second by Pierce, to approve item 13c.
Voting Aye: Beer, Broom, FitzGerald, Frazier, Markert, Peterson, Pierce, Sandstrom
♦ d. Consideration of a RESOLUTION of the City Council of the City of Aurora, Colorado, finding a petition for annexation of a parcel of land located in the Southwest 1/4 of Section 13 and the Northwest 1/4 of Section 24, Township 3 South, Range 66 West, of the Sixth Principal Meridian, County of Adams, State of Colorado, to be in substantial compliance with Section 31-12-107(1), Colorado Revised Statutes, and giving notice of a Public Hearing on the proposed annexation (Green Valley Aurora LLC Parcel #4, 4.014 acres). STAFF SOURCE: Scott VanGenderen, Office of Development Assistance
Motion by Peterson, second by FitzGerald, to approve item 13d.
Voting Aye: Beer, Broom, FitzGerald, Frazier, Markert, Peterson, Pierce, Sandstrom
Council Member Markert asked staff the zoning designation for each of the items. Scott VanGenderen, Office of Development Assistance, stated all were within E-470 zoning with the largest parcel zoned as Regional Activity Center, and the remainder as Medium Density Residential with a maximum of five units per acre.
14. RECONSIDERATIONS AND CALL-UPS
15. GENERAL BUSINESS
a. Consideration to reappoint one member to a three-year term on the Citizens' Water Advisory Committee. STAFF SOURCE: Janice Napper, Assistant City Manager
Motion by Markert, second by Beer, to reappoint Mark Lindstone to the Citizens' Water Advisory Committee.
Voting Aye: Mayor Tauer, Beer, Broom, FitzGerald, Frazier, Markert, Peterson, Pierce, Sandstrom
b. Consideration to appoint one new member to a three-year term on the Open Space Board. STAFF SOURCE: Janice Napper, Assistant City Manager
Motion by Sandstrom, second by FitzGerald, to appoint Barry Levene to the Open Space Advisory Board.
Voting Aye: Mayor Tauer, Beer, Broom, FitzGerald, Frazier, Markert, Peterson, Pierce, Sandstrom
c. Consideration to appoint two new members to a three-year term on the Parks & Recreation Advisory Board. STAFF SOURCE: Janice Napper, Assistant City Manager
Motion by Broom, second by Peterson, to appoint Dale Ervin and Lisa Thomas to the Parks & Recreation Advisory Board.
Voting Aye: Mayor Tauer, Beer, Broom, FitzGerald, Frazier, Markert, Peterson, Pierce, Sandstrom
16. REPORTS
a. Report by the Mayor
Mayor Tauer stated the effort to redo Utah Park has been an ongoing effort in the City. The purpose was to make it more functional as a detention pond for storm events. He reported a significant rain occurred prior to the opening event and the drainage was a success. He expressed his appreciation to all those involved in this effort.
b. Reports by the Council
Council Member Beer invited all those interested to attend the Ward 3 Town Meeting scheduled for Thursday, August 21 at 7:00 p.m. in the Aurora Room. The featured speaker was Colorado Secretary of State Mike Coffman.
Council Member Sandstrom reminded everyone the primary elections were tomorrow and asked everyone to exercise their civic responsibility and vote.
Council Member Frazier wished all children success in their educational pursuits as they head back to school, especially those attending the High Point Academy. He related the success of the recent Second Annual Back to School event and expressed appreciation to all those involved.
Council Member Pierce announced the Annual Household Chemical Round-Up scheduled for September 13, 2008 from 9:00 a.m. to 4:00 p.m. at the Central Facilities located at Ellsworth and Potomac.
Council Member Markert acknowledged August was National Immunization Awareness Month, and noted Aurora was featured in the NLC newsletter, which highlighted the Firefighters Shots for Tots Program. She related the recent school supply kick-off event sponsored by the Fitzsimons Redevelopment Authority, and the University and Children’s Hospital at General’s Park at Fitzsimons Campus. She expressed appreciation to all those involved in the event
Council Member FitzGerald noted the Ask City Council and Mayor event scheduled for Thursday, August 14, 2008 at Heritage at Eagle Bend. He related the recent opening of Utah Park, noting it was a success as a drainage system and park.
17. PUBLIC INVITED TO BE HEARD
Duane Martin, Aurora, Colorado, expressed appreciation to Council for his appointment to the Citizens’ Advisory Water Committee. He discussed the City’s method for responding to tree trimming orders. He provided several examples to demonstrate the inefficiency of the system, and suggested the City and the Forestry Department look into finding better ways to maintain more trees in less time.
18. ADJOURNMENT
ATTEST:
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DEBRA JOHNSON, City Clerk
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