Meeting Minutes @ AuroraGov.org

Mayor Tauer invited Paula Sarlis, Veterans’ Affairs Commission, Clif Sams, Greg Echols, Bob Yett, Deelynn Ford, Rick Crandall and Neal Dow to come forward to accept the proclamation. Mayor Tauer read the proclamation declaring November 2008 as Veteran’s Recognition Month, and recognized Rick Crandall and Clif Sams as Veteran Volunteers of the Year. Ms. Sarlis, Mr. Crandall and Mr. Sams expressed appreciation for the proclamation.

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

Francis Peter Maks, Aurora, Colorado, asked for the name of the insurance company that insures the Prairie Water Project bonds, as well as their address. He then asked for the names and addresses of all the bondholders. He was directed to speak to the City Attorney’s office in that regard.

8. ADOPTION OF THE AGENDA

The agenda was adopted as presented.

9. CONSENT CALENDAR - 9a-e

General Business

a. Consideration to AMEND AN OPENLY SOLICITED CONTRACT to Richard P. Arber Associates, Lakewood, Colorado in the amount not to exceed $498,300.00 for providing construction management and engineering support services associated with the construction phase of the Cherry Creek Lift Station 15 and Forcemain projects, RFP R-1253.

b. Consideration to AWARD A SINGLE SOURCE CONTRACT to Factory Surplus Distributors, Denver, Colorado in the not to exceed amount of $98,500.00 for miscellaneous hardware supplies through October 2009.

Motion by Pierce, second by Peterson, to approve items 9a-b.

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

Final Ordinances

♦ c. Consideration of an ORDINANCE FOR FINAL 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

♦ d. Consideration of an ORDINANCE FOR FINAL 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.

♦ e. Consideration of an ORDINANCE FOR FINAL 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 Sandstrom, second by Wallace, to approve items 9c-e.

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

10. RESOLUTIONS

♦ a. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, amending the conditions for the issuance of a Fancier’s Permit.

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

Council Member Hogan noted conversation in the Policy Committee minutes relates to changing the dollar amount and replacing it with generic verbiage, however that language was not reflected in the actual resolution.

Nancy Sheffield, Director of Neighborhood Services, explained the intent of the resolution was to take the fee amount out of the resolution and set it as an administrative fee which was set by the City Manager and supported by City Council.

Council Member Hogan noted it was odd that the language was not consistent.

Charles Richardson, City Attorney, confirmed the language was the existing protocol. It becomes one of the administrative fees, goes through M&F Committee and is ultimately approved by Council. This was the standard terminology.

Council Member Beer clarified the Code Committee discussion related to the desire to have the fee handled as another administrative fee.

Council Member Peterson noted the language was open-ended. City Attorney Richardson stated the nuance was if the City Manager presented all of the administrative fees to City Council and if the majority did not agree, then City Council had the ultimate decision.

Ron Miller, City Manager, stated the procedure and protocol has always been that administrative fees were set by the City Manager and supported by Council.

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

♦ b. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, approving a petition for the inclusion of land into the Cornerstar Metropolitan District

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

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

11. PUBLIC HEARING WITH RELATED ORDINANCE

♦ a. PUBLIC HEARING and consideration of an ORDINANCE FOR FINAL 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 documents in connection therewith.

Mike Shannon, Debt and Financing Administrator, Finance Department, gave a brief presentation of the item. This was not a liability to the City of Aurora, but was rather a liability realized by Children’s Hospital. It was necessary to help them build the hospital at a reasonable cost which would allow them to provide better services for the citizens of Aurora.

Motion by Wallace, second by Frazier, to approve item 11a.

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

12. ORDINANCES FOR INTRODUCTION

♦ a. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, enacting Subsection 50-37(A) (5) of the City Code of the City of Aurora, Colorado relating to Court Surcharges.

Motion by FitzGerald, second by Sandstrom, to refer item 12a to the Public Safety and Public Courts Committee for further review.

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

♦ b. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, amending Subsection 134-106(A) of the City Code of the City of Aurora, Colorado, relating to traffic and vehicles.

Motion by Pierce, second by FitzGerald, to introduce item 12b.

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

♦ c. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, re-awarding the bus bench and bus shelter franchise for the period of ten years to CBS Outdoor.

Motion by Frazier, second by Broom, to introduce item 12c.

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

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 East half of the Northeast quarter of Section 7, Township 4 South, Range 65 West of the 6th Principal Meridian, County of Arapahoe, State of Colorado, (Aurora Public Schools) 96.7654 acres.

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

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

♦ b. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, annexing certain lands located in the East half of the Northeast quarter of Section 7, Township 4 South, Range 65 West of the 6th Principal Meridian, County of Arapahoe, State of Colorado, (Aurora Public Schools) 96.7654 acres

Motion by Peterson, second by Hogan, to introduce item 13b.

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

♦ c. PUBLIC HEARING and 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 East 6^th Avenue and West of South Harvest Road to E-470 Medium Density Residential for an educational campus, and amending the Aurora Zoning Map accordingly (APS Educational Campus) 100.88 acres more or less

Motion by Peterson, second by Wallace, to introduce item 13c.

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

Mark Geyer, Development Assistance Project Manager, gave a brief summary of the items. This was an annexation request by the Aurora Public School District. The site was currently in the Master Planning stage, and would be used as a high school site, a Pre-K through 8^th grade school building and related district activities.

Council Member Beer asked if the subject property was located within the boundaries of the school district.

James Bittle, Centennial, Colorado, representing the applicant, answered affirmatively.

Council Member Beer asked if there was a large amount of the district that was located outside Aurora. Mr. Bittle agreed a significant part of the district was located in Unincorporated Arapahoe County. Council Member Beer asked if this item’s success was based on the success of ballot items 3A and 3B on the upcoming ballot. Mr. Bittle answered affirmatively. Council Member Beer asked what would happen if those items were not approved. Mr. Bittle noted the district has owned the property since the mid-80s and would continue to hold onto it until adequate funding was realized.

14. PLANNING MATTERS

♦ a. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, to amend Map V.K-2 in the Comprehensive Plan to change the allowed use of the land generally located south of 44^th Avenue and West of E-470 from E-470 Airport Corporate Subarea to E-470 Medium Density Residential Subarea and amending the Aurora Zoning Map accordingly 89.627acres more or less).

Motion by Peterson, second by Pierce, to introduce item 14a.

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

♦ b. 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 south of 44th Avenue and west of E-470 from E-470 Airport Corporate Subarea to E-470 Medium Density Residential Subarea, and amending the Aurora Zoning Map accordingly. (Green Valley Ranch) 89.627 acres more or less.

Motion by Peterson, second by Hogan, to introduce item 14b.

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

♦ c. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, amending Map V.K-2 in the Comprehensive Plan to change the allowed use of land generally located south of 44^th Avenue and east of E-470 from E-470 Airport Corporate Subarea to E-470 Medium Density Residential Subarea and amending the Aurora Zoning Map accordingly, 19.719 acres more or less

Motion by Peterson, second by Hogan, to introduce item 14c.

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

♦ d. 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 south of 44^th Avenue and east of E-470 from E-470 Airport Corporate Subarea to E-470 Medium Density Residential Subarea, and amending the Aurora Zoning Map accordingly, (Green Valley Ranch) 19.719 acres more or less. (Green Valley Ranch)

Motion by Peterson, second by Frazier, to introduce item 14d.

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

♦ e. PUBLIC HEARING and consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, approving a DEVELOPMENT AGREEMENT between the City of Aurora, Colorado, and Green Valley Ranch Aurora, LLC et al including provisions for a vested property right pursuant to Article 68 of Title 24, C.R.S for certain lands located in Sections 13 and 24, Township 3 South, Range 66 West, and Sections 19, 20, 29, and 30, Township 3 South, Range 65 West, all of the 6^th Principal Meridian, City of Aurora, County of Adams, State of Colorado (Green Valley East) 2509 acres more or less.

Motion by Peterson, second by FitzGerald, to introduce item 14e.

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

Scott VanGenderen, Office of Development Assistance, gave a brief summary of the items.

Mindy Parnes, Planning Department, gave a brief summary of the items, noting staff recommended approval with two conditions that have been agreed to by the developer.

Council Member Beer referenced condition of approval 2 on the rezoning. He expressed his understanding that the restriction would include all residential and not just single-family detached residential. He recalled Council took the position that it would be commercial development only. Ms. Parnes stated it was limited to single-family detached residential. Council Member Beer asked if this related to the intent of the developer to build multi-family housing or commercial property for the quarter section. Ms. Parnes clarified it must be primarily commercial but a certain percentage of multi-family was allowed.

Council Member Broom noted one of the main reasons the airport moved from Stapleton to DIA was due to the noise. He asked staff to relate how the proximity of the DIA noise contours related to this project. Ms. Parnes pointed out and discussed the Airport Influence Areas, noting the rezoned areas were not located in those areas.

15. RECONSIDERATIONS AND CALL-UPS

Motion by Wallace, second by Peterson, to call up Planning and Zoning Commission item AT&T Commercial Mobile Radio Service (CMRS) located at Dayton Industrial Center, Dayton Street and 25^th Avenue.

Council Member Beer asked if the item was a call up of a Planning Commission decision. Council Member Wallace answered affirmatively.

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

16. GENERAL BUSINESS

None.

17. REPORTS

a. Report by the Mayor

Mayor Tauer wished everyone a safe and happy Halloween.

b. Reports by the Council

Council Member Wallace encouraged everyone to attend the new play, Joe Turner’s Come and Gone, now showing at the Shadow Theatre located at Colfax and Dayton, and to enjoy the East Arts District. She expressed her appreciation to Chief Garcia from the Aurora Fire Department for providing the second quarterly highlights.

Council Member Sandstrom said hello to Ms. Barlow’s second grade class at Yale Elementary. She congratulated Jiyong Shim, a junior at Cherokee Trails High School, for winning the Trig-Star Award presented by the Survey Section of the Public Works Department. Jiyong attended the National Competition and finished fourth in the nation.

Council Member Broom invited all those interested to attend the Ward VI Town meeting on November 20, at 7:00 p.m. at the Talon’s Reach Library where CDOT representatives would be present to discuss CDOT’s upcoming plans.

Council Member Frazier invited all those interested to attend the Second Annual Alzheimer’s Association’s Multi-cultural Perspective on Dementia scheduled for November 29 at 9:00 a.m. in Council Chambers. He noted he would be traveling throughout Asia next month and would miss the November 17 City Council meeting. He wished everyone a safe and happy Halloween.

Council Member Piece announced the Grand Opening of the Cornerstar Shopping Center located at Parker and Arapahoe Road, and the partnering of the City with Curbside Data Control to shred citizen’s documents. Documents to be shredded could be brought to 15686 East Colfax from 8:00 a.m. to 4:00 p.m. through November. Proof of residency was required and anyone in need of further information should call 303-343-7096.

Council Member FitzGerald suggested citizens visit the Gardens at Havana development which was well underway at the old Buckingham Square Mall site.

Council Member Peterson invited all those interested to attend the Ward II Town Meeting scheduled for November 3 at 7:00 p.m. where the topic of discussion would be sustainable energy.

18. PUBLIC INVITED TO BE HEARD

None.

19. ADJOURNMENT

Mayor Tauer adjourned the regular meeting of City Council at 8:20 p.m.

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EDWARD J. TAUER, Mayor

ATTEST:

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DEBRA JOHNSON, City Clerk