Meeting Minutes @ AuroraGov.org

Aubrey Bryan, Corey Huber, and Steven Speights, “Green” Walmart at Tower Road and I-70 management, presented a $10,000 check to the City of Aurora for the purchase of approximately 5,000 Compact Fluorescent Lamp (CFL) light bulbs to be placed in Aurora buildings. Ron Miller, City Manager, accepted the donation, and he and Mayor Tauer expressed their appreciation.

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

Virginia Wielgot, Aurora, Colorado, expressed concerns regarding bicycle safety in Aurora. She was recently in an accident with a bicyclist, and suggested the City may need to reevaluate several high traffic biking areas. She was directed to speak to City Attorney Richardson and Nancy Sheffield of Neighborhood Services.

Ken Weble, Aurora, Colorado, Chair of the Libertarian Party for Arapahoe County, expressed concerns regarding Council scheduling their various Town Hall forums on the third Thursday of the month, which made it difficult for Party members to attend, the Libertarian Party candidates not being invited to the City of Aurora political forums, which was most likely due to an oversight and the recent water rate increases.

Council Member Beer noted the Ward III regular town meetings for 2009 were scheduled for the second Tuesday of each month.

Francis Peter Maks, Jr., Aurora, Colorado, encouraged Aurora citizens to recall the Mayor and entire City Council based on allegations set forth in a pending lawsuit.

8. ADOPTION OF THE AGENDA

The agenda was adopted as presented.

9. CONSENT CALENDAR - 9a-9d

General Business

a. Consideration to COMMISSION artist Ayokunle Odeleye for a Public Art Project at the Courts Building. STAFF SOURCE: Deana Miller, Library, Recreation and Cultural Services

Council Member Frazier asked staff the result of the “flask” repositioning discussion.

Deana Miller, Public Art Program Manager, stated the artist submitted a revised design reflecting that change. She noted that revision was not included in the Council report and agreed to provide Council with the revision.

Mayor Tauer noted the revision has been made and asked Council Member Frazier if he was amenable to voting on the item at this time. Council Member Frazier answered affirmatively, noting the purpose behind the revision was to prevent the promotion of alcoholic beverages.

Motion by Frazier, second by FitzGerald, to approve item 9a.

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

b. Consideration to APPROVE AN AGREEMENT between the City of Aurora and the Aurora Police Association. STAFF SOURCE: Kin Shuman, Director, Human Resources

c. Consideration to APPROVE AN AGREEMENT between the City of Aurora and the International Association of Fire Fighters Local 1290. STAFF SOURCE: Kin Shuman, Director, Human Resources.

d. Consideration to APPROVE AN AGREEMENT between the City of Aurora, Colorado, acting by and through its Utility Enterprise, and Southlands Multi Family, LLC, regarding storm drainage construction and cost reimbursement for Murphy Creek. STAFF SOURCE: Joe Wingert, Aurora Water Manager of Engineering

Motion by Frazier, second by Broom, to approve items 9b-d.

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

e. Consideration to AWARD A COMPETITIVELY BID CONTRACT to MacDonald Equipment, Commerce City, Colorado in the amount of $316,988.00 for the purchase of Snow Blowers required for the Streets Division of Public Works. (B3842).

Council Member Hogan asked staff why there was only one bid on this item, and how the City could be certain it was a reasonable bid.

Chris Carnahan, Operations Manager, Public Works, explained the City was looking for the helical-type snow blower which was not common in this area. This type of snow blower was capable of cutting through deep drifts similar to those seen during major snow events in 2007. Various entities were questioned and the National Park Service recommended this equipment as it was similar to what was used on Trail Ridge Road. That recommendation combined with the desire to have local service support for the machine narrowed the field and resulted in this bid. Staff also reviewed previous bids and determined the bid was reasonable.

Council Member Hogan asked where the National Parks Service obtained their equipment. Mr. Carnahan stated it was purchased directly from the manufacturer. This was the same brand, but a smaller unit. Council Member Hogan agreed to support the item but expressed frustration at spending money when no comparison bid was available.

Mayor Tauer asked staff to speak to why the City was buying equipment that no other area cities were purchasing. Mr. Carnahan pointed out it was not the brand but the type of snow blower. Staff contended it was important to have this type of equipment on hand and the problem was finding a supplier of this equipment because in a large snow event, it could not be rented. Mayor Tauer pointed out it was not the type of equipment but which manufacturer had local support. Mr. Carnahan agreed it was both concerns.

Council Member Peterson suggested further review take place prior to approval.

Ron Miller, City Manager, contended the department has done due diligence in checking the market and timing was relevant in order to address winter events in as timely a manner as possible.

Motion by Broom, second by Frazier, to approve item 9e.

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

Voting Nay: Peterson

10. RESOLUTIONS

♦ a. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, approving a Memorandum of Understanding (MOU) between the City and County of Denver, Colorado, acting by and through its Board of Water Commissioners (Board), the City of Aurora, Colorado, acting by and through its Utility Enterprise (Aurora), and the South Metro Water Supply Authority (Authority), regarding a Cooperative Water Resource Study. STAFF SOURCE: Mark Pifher, Director, Aurora Water

Motion by Pierce, second by Hogan, to approve item 10a, as amended.

Council Member Markert requested language be added to the resolution that would explain why this item was approved. She added the following to the recitals: “Whereas the parties desire to explore opportunities for mutually beneficial arrangements that could include shared uses of water resources and whereas the parties are committed to investigate the feasibility for potential future cooperative water operations water efficiencies and whereas these agreements have shown the potential for regional water operations that may significantly benefit the customers of the parties and whereas the parties now wish to combine their efforts into further investigation on mutually beneficial water resource operations and whereas it is the intent of the parties to maximize the use of limited natural resources to reduce system redundancies, to minimize impacts on the environment and to reduce overall cost for customers and whereas the parties desire to undertake a regional effort designed to address the preservation and development of water resources along the Front Range for future generations.”

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

11. ORDINANCES FOR INTRODUCTION

♦ a. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, amending Sections 138-221, 138-223, 138-327, and 138-397 of the City Code of the City of Aurora, Colorado, regarding water service connection fees, and water, sewer, and storm drainage rates. STAFF SOURCE: Gregory Baird, Deputy Director, Aurora Water

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

Council Beer pointed out Items 11a – c apply to the 2009 water rates and Water Department Budget. He clarified Council was reluctant to approve a rate increase but rates were cut as low as possible without jeopardizing the City’s bond rating and the rate of increase was less than in the last several years, pointing out it would continue to decrease from 2009 to 2010. Additionally, the 2009 Water Department Operating Budget was less than that of 2008; therefore citizens could be confident the Water Department was not wasting their money. Lastly, the rate plan takes the step of increasing tap fees at a higher rate than increasing the rates users pay. Doing so, moves the Water Department’s Revenue Model towards new users and growth rather than existing users.

Council Member FitzGerald concurred, noting Colorado Springs raised their water rates by 45 percent which demonstrated the City was being judicious in completing projects, keeping the system functional and getting everyone the water they need.

Council Member Wallace congratulated the Water Department for their 2009 Budget and expressed appreciation of the tap fee increase but pointed out constituents’ income did not increase by eight percent to meet an eight percent water rate increase. She would not support the motion.

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

Voting Nay: Wallace

♦ b. 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 Water and Wastewater Funds, for the Fiscal Year Beginning January 1, 2009, and Ending December 31, 2009. STAFF SOURCE: Gregory Baird, Deputy Director, Aurora Water

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

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

♦ c. 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 the Water and Wastewater Funds, for the Fiscal Year Beginning January 1, 2009, and ending December 31, 2009. STAFF SOURCE: Gregory Baird, Deputy Director, Aurora Water

Motion by FitzGerald, second by Wallace, to introduce item 11c.

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

12. PLANNING MATTERS

a. PUBLIC HEARING to consider an APPEAL of Planning Commission’s denial of Conditional Uses for a single-use, freestanding fast food restaurant with a drive-through for Building 2C Metro Center, located on the SW Corner of Alameda Parkway and Chambers Road (City Point Aurora LLC) Denied 3-3 (Dodds, Hill, Singer voting no; Dickinson absent) at the September 10, 2008 Planning Commission (Case Number 2008-6003-01). STAFF SOURCE: Mindy Parnes, Planning

Motion by Hogan, second by Frazier, to approve item 12a, the Conditional Use for a single-use, freestanding fast food restaurant with a drive-through because the proposal complies with the requirements of Code Section 146- 402, for the following reasons:

1. The proposed use is compatible with existing and proposed uses on abutting properties;

2. The proposed use will help attract the necessary intensity and density of use that will not only be compatible with other uses in the area, it will be essential to establishing and supporting those highly desirable uses;

3. The proposed use will not change the predominant character of the area;

4. The particular plan for this proposed use has fully accounted for and positively addressed potential nuisance impacts from the use;

5. The traffic load from the proposed use will not substantially impact the carrying capacity of the roadways of the area and what load increase there will be will occur in off peak hours;

6. The effect on infrastructure will be negligible; and

7. The architecture and landscaping for the proposed use are specifically designed to mitigate impacts.

Approval is subject to resolution of outstanding technical issues prior to issuance of a building permit.

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

b. PUBLIC HEARING to consider an APPEAL of Planning Commission’s conditions on a vested Site Plan for Commercial Development for the project known as Metro Center which is located on the SW Corner of Alameda Parkway and Chambers Road (City Point Aurora LLC) Approved 4-2 (Harding, Tobiassen voting no; Dickinson absent) at the September 10, 2008 Planning Commission (Case Number 2008-6003-00). STAFF SOURCE: Mindy Parnes, Planning

Bob Watkins, Director of Planning, gave a brief presentation of the items. The applicant has formally requested an appeal of the Planning Commission decision regarding denial on a tied vote of the Conditional Use request to allow a single use fast food restaurant with a drive-through on Alameda Parkway and the appeal of three of the conditions associated with the Vested Site Plan approval. Staff has raised issues related to the location of the drive-through on Alameda, public space regularly spaced around the project, and drive alignment and movement. Staff recommends denial of the conditional use, approval with conditions of the amended site plan and approval of the street vacation of South Frazier Court.

Kevin Hawkins, Centennial, Colorado, representing the applicant, introduced the applicant’s team.

Ala Hason, Denver, Colorado, representing the applicant, discussed the conditional use proposal.

Diana Rael, Denver, Colorado, representing the applicant, addressed the plaza concern.

Michael Sheldon, Greenwood Village, Colorado, representing the applicant, discussed the circulation pattern as it relates to the drive aisles. He noted the applicant would not make a phase timeline commitment at this time as the phasing was market driven.

Mayor Tauer asked the applicant to comment on the perspective of the drive-through restaurant from Alameda. Mr. Hason did so. Mayor Tauer asked if cars could be seen in the drive-through from Alameda. Mr. Hason answered no.

Council Member Broom asked the applicant to speak to signage for the entire project. Mr. Hason did so, noting two monument signs at the site entry and a sign at the corner of Chambers and Alameda were proposed. Council Member Broom asked the applicant to demonstrate how cars would access the site. Mr. Hawkins did so.

Mr. Hawkins pointed out the overall sign package was approved.

Council Member Pierce asked the applicant if vegetation was proposed for the horizontal pieces of the trellis. Mr. Hawkins answered affirmatively.

Council Member Hogan was pleased to see this project come in as it has been decades since its inception.

Motion by Beer, second by Wallace, to approve item 12b, without the conditions imposed by the Planning Commission, the Vested Site Plan, as now amended, specifically noting the applicant has not committed to any phasing on the project since current economic conditions mandate that Certificates of Occupancy for a building not be withheld based upon construction or permitting issues with other buildings, because the proposed Vested Site Plan complies with the requirements of City Code Section 146-706 for the following reasons:

1. The site plan provides a pedestrian oriented mixed use development;

2. The site plan has accounted for movement of service and general traffic on routes segregated on the extent possible from the pedestrian traffic;

3. The site plan appropriately addresses and mitigates off-street parking impacts;

4. The site plan has building massing that is interesting, varied and pedestrian oriented; and

5. The site plan accounts for a pedestrian scale providing many pedestrian amenities.

Approval is subject to resolution of outstanding technical issues prior to recordation of the site plan and issuance of building permits.

Council Member Beer referenced Page 224, the five staff recommended conditions, noting three of the conditions were noted as resolved issues. The motion did include item 5. It was not his intent to remove conditions 3 and 4, which are resolved issues, from the motion but he would remove 1 and 2, which were unresolved items. He asked staff to clarify this concern.

Charles Richardson, City Attorney, did so, noting the motion addressed condition 3, and did not include item 4, the Design Review Board, as a part of the motion therefore a friendly amendment was necessary. He asked Mr. Sheldon to speak to condition 3.

Council Member Beer offered an amendment to include item 4, which related to the Design Review Board as referenced on Page 224, as a condition for approval. Council Member Wallace agreed to the amendment.

Mr. Sheldon expressed the applicant’s understanding that the technical issues would include what has been agreed to between staff and the applicant but did not have an objection to the amendment.

Council Member Beer noted item 5 was no longer an issue and therefore did not need to be addressed. He expressed his appreciation to the applicant for their efforts on this project.

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

♦ c. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, vacating that portion of the south Fraser Court Right-of-Way generally located south of East Alameda Avenue, west of Chambers Road, and north of Centrepointe Drive, City of Aurora, County of Arapahoe, State of Colorado. (City Point Aurora LLC) (Case Number 2008-8001-00) STAFF SOURCE: Mindy Parnes, Planning

Motion by Beer, second by Wallace, to introduce item 12c.

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

13. RECONSIDERATIONS AND CALL-UPS

None.

14. GENERAL BUSINESS

None.

15. REPORTS

a. Report by the Mayor

b. Reports by the Council

Council Member FitzGerald congratulated all those involved in the recent Crop Walk for Hunger in Aurora where various organizations collected food for local food banks to help those who need it.

Council Member Market encouraged citizens to vote for the upcoming Art in Public Places People’s Choice Award. Six exhibits were on display and those interested could access www.auroragov.org/publicart to cast their vote for their favorite piece. She invited all those interested in attending to the Colfax Community Network’s Annual Fundraising Lunch, Tomorrow’s Promise, scheduled for Wednesday, October 29. She asked those interested to call 303-360-9175 for further information.

Council Member Pierce encouraged everyone to exercise their right to vote in the upcoming elections. Early voting began today and lasts until October 31. He listed participating early voting locations.

Council Member Wallace expressed her appreciation to all those involved in the recent Pink Ribbon Tour, with special thanks to Chief Garcia’s wife, Adrienne. It was a great event and she reminded everyone of the importance of awareness.

Council Member Beer noted his great pleasure at the opportunity of sharing the CFL light bulbs donated by Walmart during his recent Ward Town Meeting.

16. PUBLIC INVITED TO BE HEARD

None.

17. ADJOURNMENT

Mayor Tauer adjourned the regular meeting of City Council at 8:52 p.m.

_______________________________________

EDWARD J. TAUER, Mayor

ATTEST:

________________________________________

DEBRA JOHNSON, City Clerk