Meeting Minutes @ AuroraGov.org

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.

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

a. PUBLIC HEARING on the 2009 Budget.

Ruth Fountain, Aurora, Colorado, spoke on behalf of her personal interest in promoting tourism in Aurora through continued funding of the Aurora History Museum.

Robert Eide, Aurora, Colorado, representing the Aurora History Museum Board, spoke on the importance of continuing funding approval for the Museum, its staff and various projects. He stated the Museum Board was nearing completion of the Trolley Trailer 610 Restoration project and was hoping that the City would designate a permanent location to display this transportation landmark.

Gordon Tucker, Aurora, Colorado, commented on the budget process and its effects on the Aurora History Museum. He stated funding cultural amenities was the key ingredient in creating an “All-American” City. He discussed the success of various Aurora History Museum events, and urged Council to continue funding these efforts.

Su Ryden, Aurora, Colorado, spoke in favor of promoting the economic importance of historic preservation. She noted numerous grants aimed at museum-like projects have poured into the City, adding not just cultural value but local economic value. She promoted Channel 8 as another entity that deserved and needed funding priority.

Jose L. Garcia, Aurora, Colorado, an Altura Elementary School volunteer, noted the importance of traffic safety within public school zones. He asked Council to approve the necessary funds in order to implement changes recommended by a Traffic Safety Committee safety study.

Mr. Garcia translated on behalf of Maria DeLaVega, Aurora, Colorado, concerns regarding the importance of traffic safety in and around public school zones. He stated recent development growth was welcome; however, it led to more traffic hazards for City youth. He asked Council on behalf of Ms. DeLaVega, to make a commitment to keeping pace with growth by improving safety.

Mary Rausch, Aurora, Colorado, asked Council not to cut the Fitzsimons pool budget, as the pool served many critical functions for the community, such as medical and health benefits, socialization, and education.

8. ADOPTION OF THE AGENDA

The agenda was adopted as presented.

9. CONSENT CALENDAR - 9a-9e

General Business

a. Consideration to AWARD A CONTRACT to IKON, Centennial, Colorado in the amount of $108,000.00 for rental of a re-manufactured Canon production copier for a twelve month period through March 31, 2009.

Council Member Markert expressed concerns regarding warranties on the purchase. Staff confirmed the contract included maintenance, supplies and toners.

Motion by Markert, second by Hogan, to approve item 9a.

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

b. Consideration to APPROVE THE PURCHASE of 1.125 Shares of Platteville Irrigating & Milling Company Stock for the amount of $4,754,100.00, by the City of Aurora acting by and through its Utility Enterprise

c. Consideration to AMEND AN OPENLY SOLICITED CONTRACT to Brown and Caldwell, Golden, Colorado in an amount not to exceed $1,352,770.00 to provide design engineering services during construction and construction management services associated with the construction of the Robertsdale Tank and Pump Station for the Prairie Waters Project, Bid Package N. R-1304.

e. Consideration to EXTEND A PROFESSIONAL SERVICES CONTRACT to Piper Jaffray & Co. for financial advisory services in an amount of $50,000 plus possible contingencies of thirty cents ($0.30) per one thousand dollars ($1,000) of bonds issued

Motion by Pierce, second by Markert, to approve items 9b, c and e.

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

d. Consideration to AWARD A COMPETITIVELY BID CONTRACT to Garney Construction, Littleton, Colorado in the amount of $14,788,597.50 for the construction of Robertsdale Tank and Pump Station for the Prairie Waters Project, Bid Package N. Project Number 1098 N1

Council Member Pierce supported the item and asked staff to clarify it for the public.

Darrell Hogan, Deputy Director, Prairie Waters Project, did so, noting this was the delivery package that brought the water to the Project.

Motion by Pierce, second by Broom, to approve item 9d.

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

Final Ordinances

♦ f. Consideration of an ORDINANCE FOR FINAL of the City Council of the City of Aurora, Colorado, re-awarding the bus bench and bus shelter franchise from September 23, 2008 through December 31, 2008 to CBS Outdoor

♦ g. Consideration of an ORDINANCE FOR FINAL 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

♦ h. Consideration of an ORDINANCE FOR FINAL 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 Sandstrom, second by Wallace, to approve items 9f – 9h.

Voting Aye: 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, approving an Intergovernmental Agreement between the City of Aurora and Arapahoe County for the reimbursement for traffic signal costs at the intersection of Gun Club Road and Belleview Avenue (Project A) and traffic signals at the intersection of Hampden Avenue and Himalaya Street/Jericho Way (Project B)..

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

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

♦ b. Consideration of a RESOLUTION of the City Council of the City of Aurora, Colorado, approving a Memorandum of Understanding among Metro Denver's Cities and Counties promoting policies and programs and pursuing environmental changes that encourage healthy eating and promote active living.

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

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

♦ c. Consideration of a RESOLUTION of the City Council of the City of Aurora, Colorado, approving the acceptance of conveyance of a Parcel of Land by warranty deed from US Home Corporation to the City of Aurora, Colorado

Motion by Broom, second by Pierce, to approve item 10c.

Council Member Beer asked if the City was purchasing the property.

Joani Cravens, Manager, Real Property, answered no, noting it was a donation.

Council Member Broom asked if the City would incur any ongoing expenses. Ms. Cravens answered no, noting this land was dedicated to the City as a drainage tract. Council Member Broom noted it was currently an easement and would turn into a fee. Ms. Cravens concurred.

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

♦ d. Consideration of a RESOLUTION of the City Council of the City of Aurora, Colorado, authorizing the execution of the first amendment to the amended and restated Intergovernmental Agreement between the City and East Plains Metropolitan District, High Plains Metropolitan District, and Beacon Point Metropolitan District

Motion by Broom, second by Frazier, to approve item 10d.

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

♦ e. Consideration of a RESOLUTION of the City Council of the City of Aurora, Colorado, authorizing the execution of Amended and Restated Intergovernmental Agreements between the City and Colorado Science and Technology Park Metropolitan District Nos. 1-3.

Motion by Wallace, second by FitzGerald, to approve item 10e.

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, amending Chapter 146 of the City Code of the City of Aurora, Colorado, regarding the levy and assessment of Capital Impact Fees on residential development in the city.

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

Council Member FitzGerald asked staff to speak to this ordinance.

John Gross, Finance Director, did so, noting the ordinance imposes an impact fee to recover the capital costs associated with the development and eliminates an urban services extension fee, and a traffic impact fee from City code.

Council Member Markert expressed appreciation to all those involved in this effort. She expressed concerns regarding how the correct dollar amount could be determined and how to keep it adjusted in terms of market changes. Mr. Gross explained the fee was automatically indexed each year with construction indexes and Council could choose to renew it as they decide.

Council Member Pierce supported the item, noting it was fair to all concerned. He expressed appreciation to all involved.

Council Member Hogan referenced the Engineering News Record, which was the document that provided the basis for cost indexes, noting if the Engineering News Record went out of business, the ordinance would have to be amended in order to identify a new publication. He asked if it was possible to change the language to mitigate that concern.

Charles Richardson, City Attorney, stated staff and the City Attorney’s Office would review that concern and any findings would not warrant a significant amendment at final.

Council Member Hogan expressed appreciation to all those involved in this effort, and noted this ordinance would help address special development issues.

Council Member Frazier asked if there has been discussion regarding rounding the figures of the administration of the fee collection up or down. Mr. Gross noted because it was indexed, it was left to the nearest dollar.

Council Member Broom asked the total fee a builder/developer paid on a single-family home. Mr. Gross was not certain at this time. Council Member Broom asked if, including the water tap fees, $41K sounded reasonable. Mr. Gross agreed it could be considering water tap fees were at the $20K level, but he was not certain at this time.

Council Member Beer expressed his appreciation to all those involved in this effort.

Mayor Tauer concurred.

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

12. PLANNING MATTERS

♦ a. PUBLIC HEARING and consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, rezoning a parcel of land generally located on the northwest corner of Chambers Road and 38th Avenue from M-1, Light Industrial, to B-3, Highway Service District, and amending the Aurora Zoning Map accordingly, (Majestic Realty) 4.57 acres more of less

Kim Kreimeyer, Planning Department, gave a brief presentation of the item, noting staff supports the item.

Motion by Peterson, second by Sandstrom, to introduce item 12a.

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

Council Member Peterson exited chambers at 8:22 p.m.

b. PUBLIC HEARING and consideration of an APPEAL of the Planning Director’s decision to approve a Site Plan Extension for a 400 unit independent living project generally located south of Aurora Parkway and west of Gartrell Road. Case Number 2004-4030-00 (Carefree at Eagle Bend)

Ed Armold, Planning Department, gave a brief presentation of the item. The Planning Commission voted 4 to 2 to deny this application. Staff supports the item because it meets the requirements of Code Section 146-205(E)(2), is compatible to surrounding areas and the Comprehensive Plan and the approved site plan was compatible with the regulations, plans and polices adopted by City Council.

Mayor Tauer noted it was important to clarify what was being decided this evening, and asked staff if allowing apartments at this location was being decided. City Attorney Richardson answered no. Mayor Tauer noted allowed uses were determined at the time of zoning and at the time this property was zoned, it was zoned to allow either assisted care/nursing home or apartments. He stated the zoning goes along with the property therefore Council did not have the ability to deny apartments at this location because they were allowed by zoning. Three years ago, City Council approved a site plan to build an apartment building on a project, and this was the appeal of the denial of the extension request of that site plan. The extension of the approved site plan would give the applicant an additional three years to build it. This item related to whether a significant change has been realized in the area over the last three years and the development application should be reviewed to determine if the design of the apartments continued to be compatible or not. City Attorney Richardson concurred, noting this was a specialized proceeding. Mayor Tauer reiterated Council could not deny the item because of the apartment use but could deny the item based on the design of the apartments as they relate to events in the area in the last three years.

David Duncan, Las Vegas, Nevada, representing the applicant, expressed appreciation to all those involved in this item, and gave a brief presentation. The applicant believes their site plan remains consistent with City code as there have been no revisions or amendments to the plan since its approval, the development in the area has not changed, and it conforms to the Comprehensive Plan.

George Sperlak, Aurora, Colorado, spoke in opposition to the item. He expressed concerns regarding incompatibility with surrounding neighborhoods of single and attached homes, and multi-family developments in the area, and lack of density transition and rooftop variation.

Toni Smythe, Aurora, Colorado, spoke in opposition to the item. She expressed concerns regarding excessive building height and mass.

Cynthia McGann, Aurora, Colorado, spoke in opposition to the item. She expressed concerns regarding the incompatibility of the development with the surrounding area. She asked Council to uphold the Planning Commission’s decision on the item because it did not meet the City of Aurora’s criteria for continuing compatibility with adjacent properties and surrounding areas.

George Loescher, Aurora, Colorado, spoke in opposition to the item. He concurred with the previous speakers and expressed concerns regarding the view of Aurora as people drive into it along E-470, incompatibility of architecture regarding size and roofline variations and density transition as required by the E-470 plan.

Sheryl Ann Hutchings, Aurora, Colorado, spoke in opposition to the item. She listed the same concerns raised by previous speakers.

Natalie Lassow, Aurora, Colorado, spoke in opposition to the item. She concurred with the previous speakers’ comments, and asked Council to consider why the Planning Commission denied the application.

Robert E. Simons, Castle Rock, Colorado, spoke in favor of the item. He noted there were a number of small business owners in the area attempting to provide basic services to the residents in the area, and approval of the item would benefit everyone involved.

Council Member Frazier asked Mr. Simons if he signed the petitions in favor submitted by Heritage at Eagle Bend residents. Mr. Simons answered no, noting he was only recently contacted by the Metro District Board in that regard.

Council Member Pierce asked Mr. Simons if his property was located in the Safeway shopping center. Mr. Simons answered affirmatively

Tom Coker, Aurora, Colorado, representing the Eagle Bend Metropolitan District II, described the financial impact of the item on the District, noting the District would abide by Council’s decision.

Mayor Tauer asked the applicant to speak to density transition, massing, and roof variation.

Diana Rael, Denver, Colorado, representing the applicant, did so.

Mr. Duncan discussed the maintenance, weather conditions, and market opportunities to provide services for seniors.

Council Member Pierce asked the applicant to speak to the architectural roofline features on the project. Ms. Rael did so, noting all the architectural features fall into the Heritage at Eagle Bend design standards.

Mayor Tauer asked the applicant to discuss the lower, same and higher building heights on the project. Ms. Rael pointed out and discussed those locations.

Council Member Frazier noted this was designed under different design standards, and asked the applicant to discuss comparability as it relates to the adjacent homes. Ms. Rael did so, noting it was comparable and compatible.

Mr. Duncan concurred.

Council Member Frazier asked the applicant to compare their project and the adjacent project on a scale of 1 to 10. Mr. Duncan gave both projects a 10.

Ms. Rael agreed the applicant’s project was a 10.

Council Member Broom asked the applicant if anything has changed on the site plan in the last three years. Ms. Rael answered no, noting not other than a turn pocket that was requested by staff and called out on the plan.

Council Member FitzGerald asked staff to speak to why this item was approved.

Bob Watkins, Planning Director, stated the primary rationale was that the site plan would be extended for three years if the conditions have not changed to warrant not extending it. A decision was made by City Council that the project was something they would approve and once that occurs, that is what staff evaluates.

Council Member FitzGerald stated the addition of neighborhoods to the area did not impact this site. Mr. Watkins stated all of those neighborhoods were considered on the General Development Plan therefore nothing has changed according to what has been approved.

Mayor Tauer asked Mr. Watkins his opinion on the relative quality of this project. Mr. Watkins stated both meet the General Development Plan standards established in the original approval. Mayor Tauer pointed out it was the applicant’s testimony that the relative height difference was one story over a distance of 100 feet. He asked staff if that was a reasonably accurate account.

Mr. Armold answered affirmatively.

Council Member Markert asked for clarification regarding the proposed use. Mr. Armold stated non-assisted living units for persons 55 and older was proposed.

Motion by Wallace, second by Hogan, to approve item 12b.

Council Member Pierce supported the motion because it related to the extension and not the ramifications of the site plan.

Council Member FitzGerald supported the motion because he had full confidence in Mr. Watkins and his staff.

Council Member Broom would remain consistent and not support the motion because he was opposed to the item three years ago.

Council Member Frazier supported the motion. He expressed his appreciation to the speakers who provided testimony tonight. There has been a tremendous amount of debate over this issue and since nothing has changed in the last threes years, he would stand by the facts that caused this item to be approved initially.

Council Member Markert supported Council Member Broom’s position.

Mayor Tauer expressed his appreciation to all those who spoke to the item.

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

Voting Nay: Broom, Markert

13. RECONSIDERATIONS AND CALL-UPS

None.

14. GENERAL BUSINESS

a. Consideration to appoint two new members to a three-year term on the Human Relations Commission

Motion by Markert, second by Beer, to appoint Dominic Lacy and Robert Preer to the Human Relations Commission.

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

b. Consideration to appoint one member to a three-year term on the Art in Public Places Commission.

Motion by Markert, second by Frazier, to appoint T. Ann Bailey to the Arts in Public Places Commission.

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

c. Consideration to appoint two new members to a four-year term on the Citizens' Advisory Committee on Housing and Community Development

Motion by Beer, second by Broom, to appoint *George (Mel) Rawles and Kim Martin to the Citizens’ Advisory Committee on Housing and Community Development.

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

16. REPORTS

a. Report by the Mayor

b. Reports by the Council

Council Member Beer announced the Ward 3 Town Meeting scheduled for Thursday, September 18, 2008 at 7:00 p.m. in the Aurora Room. The meeting would feature a candidate forum for state candidates.

Council Member Wallace announced the Ward 1 Meeting would take place on Thursday, September 18, 2008 at 7:00 p.m. at the MLK Library where an update on development projects in the area would be discussed. She related her recent attendance at the opening of Quest Academy, which was rated number one in the state with regards to CSAP tests. She expressed appreciation to the Quest Academy staff for their efforts on behalf of Aurora’s children. She announced the recent passing of Bill Vance, a long-time Aurora resident. Mr. Vance was very instrumental in Neighborhood Watch and a memorial service would take place on Friday, September 12, 2008. She expressed condolences to Mr. Vance’s family and friends.

Council Member Broom announced the Ward VI Town Meeting was scheduled for Tuesday, September 09, 2008 at 7:00 p.m. at the Mission Viejo Branch Library where several RTD representatives would be present to provide an update on RTD projects and bus service in southeast Aurora.

Council Member Frazier related his recent attendance at a Colorado I Have a Dream Foundation event and expressed his appreciation to all those involved. He added congratulations to Council Member Beer and his family on their new addition.

Council Member Pierce discussed the Insulate Colorado program, and asked those interested to call the City’s Community Development office for more details. He announced the current production at the Aurora Fox Theater, Escanaba in Love, and reminded everyone of the upcoming Household Chemical Roundup scheduled for Saturday, September 13, 2008 from 9:00 a.m. to 4:00 p.m. at the Central Facilities at Potomac and Ellsworth, noting it was free to Aurora citizens.

Council Member Markert invited all those interested in attending to the final public hearing of the Iliff Area Station Plan. The hearing was scheduled for Tuesday, September 9, 2008, from 6:30 p.m. to 8:30 p.m. at the Aurora Board of Realtors, and to the Chambers/Fox Gala scheduled for Saturday, September 13, 2008 at 6:00 p.m. Tickets were on sale for $50. She recognized those Council Members with September birthdays.

Council Member FitzGerald related his recent meetings with a nonprofit organization that distributed food and clothing to those in need. He noted food banks were low and with winter coming, he encouraged all those who could donate to do so.

17. PUBLIC INVITED TO BE HEARD

None.

18. ADJOURNMENT

Mayor Tauer adjourned the regular meeting of City Council at 9:47 p.m.

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EDWARD J. TAUER, Mayor

ATTEST:

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DEBRA JOHNSON, City Clerk