MINUTES

Regular Meeting – Aurora City Council

Monday, October 13, 2008




1. RECONVENE REGULAR MEETING OF OCTOBER 13, 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, Wallace

COUNCIL MEMBER ABSENT: Hogan

OFFICIALS PRESENT: City Manager Miller, City Attorney Richardson,

City Clerk Johnson

3. MOMENT OF SILENCE

4. PLEDGE OF ALLEGIANCE TO THE FLAG

5. APPROVAL OF THE MINUTES OF THE MEETING OF SEPTEMBER 15, 2008

Motion by Peterson, second by Markert, to approve the minutes of September 15, 2008 as presented.

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

6. CEREMONY

a. Swearing in of newly appointed Boards and Commission members

Name Board or Commission

Brian Barney Aurora Fox Arts Center Board

Paul Rosenberg Business Advisory Board

Viola Nathan Human Relations Commission

Julie Marie Shepherd Human Relations Commission

Keith Singer Planning and Zoning Commission

Mark Lindstone Citizens 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. Aurora Lights On After School Ceremony

Mayor Tauer invited Eric Flor, Director of Elementary Education, Cherry Creek School District, John Barry, Superintendent, Aurora Public Schools, and Lucille Dunlap, After School Participant, COMPASS, to come forward to accept the proclamation. Mayor Tauer read the proclamation declaring October 13 – 17, 2008 as Aurora Lights On After School Week. Each guest expressed appreciation for the proclamation.

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

Ann Rossart, Aurora, Colorado, representing Coalition YES 51, expressed her support for citizen initiative Amendment 51, and asked citizens and Council to support this sales tax increase that would aid the developmentally disabled.

8. ADOPTION OF THE AGENDA

The agenda was adopted as presented.

9. CONSENT CALENDAR - 9a-9i

General Business

a. Consideration to AWARD AN OPENLY SOLICITED CONTRACT to Foray Technologies, San Diego, CA in the total amount of $52,499.00 for the purchase of a Digital Media Management System required for the Police Department. (R1367).

b. Consideration to AWARD AN OPENLY SOLICITED CONTRACT to Visual Statement Inc., Kamloops, British Columbia in the total amount of $81,695.00 to purchase an Automated Traffic Accident Reporting and E-Commerce software system for the Aurora Police Department. (R1369).

c. Consideration to AWARD A SOLE SOURCE CONTRACT to M/A-COM Inc., Greenwood Village, CO in the amount of $60,000.00 for the annual renewal of software maintenance for the Public Safety Radio System through September, 2009.

d. Consideration to AWARD A SOLE SOURCE CONTRACT to Sungard Bi-Tech Inc., Chico, California in the amount of $58,354.33 for annual support of IFAS through June 30, 2009.

e. Consideration to AWARD A COMPETITIVELY BID CONTRACT to Scott Contracting, Inc., Henderson, Colorado in the amount of $1,533,458.00 for construction of the 2008 Waterline Replacement Project, Project Number 08032.

f. Consideration to AWARD A COMPETITIVELY BID CONTRACT to American Infrastructure, Inc., Franktown, Colorado in the amount of $1,857,800.00 for construction of the Cherry Creek Lift Station No. 15 Forcemain Project, Project Number 5128A. 

Motion by Beer, second by Broom, to approve items 9a-f.

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

g. Consideration to AWARD A COMPETITIVELY BID CONTRACT to Gray Oil, Fort Lupton, Colorado in the not to exceed amount of $3,500,000 to cover the cost of motor vehicle fuel as required citywide in 2009

Council Member Beer supported the program and asked staff to address this item for public review.

Mark Hinterreiter, Fleet Services Manager, did so. He noted this was a great opportunity for the City to save a considerable amount of money by purchasing unleaded and diesel fuels through this cooperative bid.

Council Member Pierce noted the City also received downside protection with this contract. Mr. Hinterreiter concurred.

Motion by Beer, second by Wallace, to approve item 9g.

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

Final Ordinances

♦ h. Consideration of an ORDINANCE FOR FINAL 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 Wallace, second by Beer, to approve item 9h, as amended.

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

Council Member Broom asked if this was a substantive change, would it be necessary for the item to return to Council.

Charles Richardson, City Attorney, answered no, noting it has been determined to be a non-substantive change. The change merely gave the City Manager more flexibility in case the benchmark publication ceased to publish.

Motion by Wallace, second by Beer, to amend item 9h, by adding Section 7, which states, “In the event that the Engineering News Record ceases to be published, the City Manager is hereby authorized to select a substitute publication containing similar data for the purpose of defining inflation as set forth in Subsection 2, 3, 4 and 5 of City Code Section 146-412(C).”

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

COUNCIL MEMBER WALLACE LEFT AT 7:57PM

♦ i. Consideration of an ORDINANCE FOR FINAL 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

Motion by Pierce, second by FitzGerald, to approve item 9i.

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

10. RESOLUTIONS

♦ a. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, approving a name change form its current designation to the new designation “Aurora Court” for that portion of Ursula Street which runs north from Colfax Avenue to the south side of its intersection with 17^th Avenue

Mayor Tauer related Drs. Gershwin, Vice Chancellor and Wilson, Chancellor, University of Colorado-Denver, supported this item.

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

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

♦ b. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, expressing support for the renovation of City Park and authorizing the submission of an application to the Great Outdoors Colorado Trust Fund for a grant to assist with the renovation of the park.

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

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

♦ c. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, approving an Intergovernmental Agreement between the City of Aurora, Colorado, acting by and through its Utility Enterprise and the Urban Drainage and Flood Control District, and Southeast Metro Storm Water Authority regarding funding for major drainage planning and flood hazard delineation for East Toll Gate Creek (Upper).

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

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, authorizing the issuance of a Golf Revenue Note by the City's Golf Enterprise in the principal amount of $4,680,000 for the purpose of constructing and equipping a Public Golf Course and attendant facilities; providing for the application of golf rates, fees, and charges to pay the note and interest thereon; and prescribing other details in connection therewith.

Motion by Sandstrom, second by Pierce, to introduce item 11a.

Council Member Sandstrom noted this item related to restructuring existing debt and no taxpayer dollars will be involved in repaying the debt.

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, authorizing the issuance and sale of the City of Aurora, Colorado, Hospital Revenue Refunding Bonds (The Children’s Hospital Association) Series 2008C, in an aggregate principal amount not to exceed $72 Million, to refund existing bonds issued by the City for the Hospital; and authorizing the execution and delivery by the City of various document in connection therewith.

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

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

♦ c. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, establishing the Tax Levy on all taxable property within the corporate limits of the City of Aurora, Colorado, for the tax collection year beginning January 1, 2009, and ending December 31, 2009

Motion by Pierce, second by Sandstrom, to introduce item 11c.

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

♦ d. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, adopting an Operating and Capital Improvements Projects Budget for all funds of the City, except for the Water and Wastewater Funds, for the Fiscal Year Beginning January 1, 2009, and Ending December 31, 2009.

Motion by Frazier, second by Pierce, to introduce item 11d.

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

♦ e. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, appropriating Sums of Money to Defray Expenses and Liabilities, for all funds of the City, except for the Water and Wastewater Funds, for the Fiscal Year Beginning January 1, 2009, and Ending December 31, 2009

Motion by Broom, second by Pierce, to introduce item 11e.

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

12. PLANNING MATTERS

♦ a. PUBLIC HEARING and consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, amending the Fairfield Village at Quincy Reservoir General Development Plan to add fueling station to the list of permitted uses in Area “A” of that General Development Plan.

Ed Armold, Planning Department, gave a brief presentation of the item. The applicant is requesting an amendment to the Fairfield Village General Development Plan (GDP) to add fueling stations to the list of allowed uses. On August 27, 2008, the Planning Commission recommended approval of the GDP amendment along with a conditional use and site plan for the 7-Eleven. Staff recommends approval of the item.

Mayor Tauer noted Lot 4 was located adjacent to Quincy and in the middle of the property. Mr. Armold concurred.

Dave Brown, 19416 E. Radcliff Place, Aurora, CO, 80015, noted the applicant has not built in the area lately and many landscaping and grading issues were left unresolved. He suggested the applicant finish the remainder of the project prior to starting the fuel station, and expressed concerns regarding Ensenada Drive.

Council Member Broom asked the number of homes built in the development. Mr. Brown stated the neighborhood was approximately 1/3 built out.

Council Member Pierce pointed out the neighborhood was not registered and suggested they do so in order to be notified on proposed development and hearings. He directed Mr. Brown to speak with Nancy Sheffield in that regard.

Lucy Dinneen, Littleton, Colorado, representing the applicant, stated the applicant was not Fairfield, but did however, acquire the commercial development from Fairfield. The lot was approved for retail and the traffic count for a fuel station should not impact what has been improved. She reiterated the Fairfield Homes issues were not related to the applicant.

Council Member Broom asked Ms. Dinneen to point out the location of the access street referenced by Mr. Brown. Ms. Dinneen did so.

Motion by Broom, second by FitzGerald, to introduce item 12a.

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

13. ANNEXATIONS

♦ a. PUBLIC HEARING and consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, making certain findings of fact regarding the proposed 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 - Green Valley Aurora LLC Parcel 1 (133 Acres).

♦ b. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, annexing 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 - Green Valley Aurora LLC Parcel 1  (133 Acres).

♦ c. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, initially zoning a parcel of land generally located south of 56^th Avenue and west of E-470 to E-470 Regional Activity Center Subarea and amending the Aurora Zoning Map accordingly (Green Valley Ranch) 133.196 acres more or less. Approved 4 – 2 (Hill, Witt voting no; Dickinson absent) at the August 27, 2008 Planning Commission Meeting

♦ d. PUBLIC HEARING and consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, making certain findings of fact regarding the proposed 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 - Green Valley Aurora LLC Parcel 2  (20.076 Acres).

♦ e. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, annexing 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 - Green Valley Aurora LLC Parcel 2  (20.076 Acres).

♦ f. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, initially zoning of a parcel of land generally located north of 48^th Avenue and west of E-470 to Airport Corporate Subarea and amending the Aurora Zoning Map accordingly (Green Valley Ranch) 20.076 acres more or less. Approved 4 – 2 (Hill, Witt voting no; Dickinson absent) at the August 27, 2008 Planning Commission Meeting.  (DA1662-01   CN 2005-2019-00)

♦ g. PUBLIC HEARING and consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, making certain findings of fact regarding the proposed annexation of a parcel of land located in the Southwest Quarter of Section 19, Township 3 South, Range 65 West of the 6th Principal Meridian, County of Adams, State of Colorado - Green Valley East LLC Parcel 3 (30.609 Acres).

♦ h. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, annexing a parcel of land located in the Southwest Quarter of Section 19, Township 3 South, Range 65 West of the 6th Principal Meridian, County of Adams, State of Colorado - Green Valley East LLC Parcel 3  (30.609 Acres).

♦ i. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, initially zoning a parcel of land generally located South of 42^nd Avenue and west of Harvest road to E-470 Medium Density Residential Subarea and amending the Aurora Zoning Map accordingly (Green Valley Ranch) 30.609 acres more or less. Approved 4-2 (Hill, Witt voting no; Dickinson absent) at the August 27, 2008 Planning Commission Meeting (Case Number 2005-2020-00).

♦ j. PUBLIC HEARING and consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, making certain findings of fact regarding the proposed annexation of a parcel of land located in the Southwest Quarter of Section 13 and the Northwest Quarter of Section 24, Township 3 South, Range 66 West of the 6th Principal Meridian, County of Adams, State of Colorado - Green Valley Aurora LLC Parcel 4  (4.014 Acres).

♦ k. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, annexing a parcel of land located in the Southwest Quarter of Section 13 and the Northwest Quarter of Section 24, Township 3 South, Range 66 West of the 6th Principal Meridian, County of Adams, State of Colorado - Green Valley Aurora LLC Parcel 4  (4.014 Acres).

♦ l. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, initially zoning of a parcel of land generally located at 48^th Avenue and east of Picadilly Road to E-470 Medium Density Residential Subarea and amending the Aurora Zoning Map accordingly. (Green Valley Ranch) 4.014 acres more or less. Approved 4 – 2 (Hill, Witt voting no; Dickinson absent) at the August 27, 2008 Planning Commission Meeting.  (Case Number 2005-2029-00)

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

Voting Aye: Beer, Broom, FitzGerald, Frazier, Peterson, Pierce, Sandstrom

Voting Nay: Markert

Scott VanGenderen, Project Manager, Development Assistance, gave a brief presentation of the items.

Mayor Tauer stated these were all contained within an existing part of Aurora. Mr. VanGenderen concurred.

14. RECONSIDERATIONS AND CALL-UPS

None.

15. GENERAL BUSINESS

None.

16. REPORTS

a. Report by the Mayor

Mayor Tauer congratulated Planning staff and Council on their efforts with SolarTAC, which joined several local entities to create a solar park east of E-470 and north of I-70. These efforts were putting Aurora on the map as a renewable energy community.

b. Reports by the Council

Council Member Peterson expressed appreciation to Continental Cleaners located at Chambers and Mississippi for their recent contribution of 521 pieces of clothing to the City on behalf of the Police’s Joy Drive, which distributes clothing to low income families and area non-profit organizations.

Council Member Markert related her recent attendance along with Council Members Peterson and Wallace at the Guardians of the Ribbon Pink Heals Pink Fire Truck Event at Fire Station 1. The goal was to have all local Fire and Police Department members and citizens wear pink on October 25, 26, and 27. She suggested Council support this effort by wearing pink at the October 27 Council meeting. She related International Restaurant Week on Havana would take place this week through Saturday. Twenty-five restaurants in the Corridor have prepared special menus and offers for the event. She suggested those interested visit www.onhavanastreet.com for further information.

Council Member Pierce related recent awards presented to the City of Aurora and congratulated the recipients. They included: The Business Advisory Board presented their Annual Recognition Awards to four local businesses, The Aurora Sentinel, Dumitri’s Restaurant, Rural Metro Ambulance and the Stampede Mesquite Grill and Dance Emporium: The International Accreditation Services presented the City of Aurora Building Codes Division with accreditation that was only received by one Building Department in the Sate of Colorado; and lastly, the National Association of Telecommunication Officers and Advisors (NATOA) presented Channel 8 with the Station of the Year Award which was only awarded to one city in four categories.

Council Member Beer related his and Mayor Tauer’s and Council Member Pierce’s recent participation in a Channel 8 taping at the 10^th Annual Jack-O-Launch at PumpkinFest. They had great fun and the event was a great success. He invited all those interested in attending to the Ward 3 Meeting, scheduled for Thursday, October 16 at 7:00 p.m. at the City Building, where Karen Hancock, Aurora Planning Department, would present an update on the Environment Aurora Team and an introduction to the SolarTAC Program.

17. PUBLIC INVITED TO BE HEARD

None.

18. ADJOURNMENT

Mayor Tauer adjourned the regular meeting of City Council at 8:32 p.m.

_______________________________________

EDWARD J. TAUER, Mayor

ATTEST:

________________________________________

DEBRA JOHNSON, City Clerk