MINUTES

Regular Meeting – Aurora City Council

Monday, January 26, 2009

1. RECONVENE REGULAR MEETING OF JANUARY 26, 2009 AND CALL TO ORDER

Mayor Tauer reconvened the regular meeting of City Council at 7:37 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,

City Clerk Johnson

3. MOMENT OF SILENCE

4. PLEDGE OF ALLEGIANCE TO THE FLAG

5. APPROVAL OF THE MINUTES OF THE MEETING OF JANUARY 12, 2009

Motion by Broom, second by Markert, to approve the minutes of January 12, 2009, as amended.

Council Member Sandstrom referenced Page 17, Item 16e, where the motion should read appoint rather than reappoint.

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

Abstained: None.

6. CEREMONY

None.

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

None.

8. ADOPTION OF THE AGENDA

The agenda was adopted as presented.

9. CONSENT CALENDAR - 9a-9f

General Business

a. Consideration to AWARD A OPENLY SOLICITED CONTRACT to Correctional Healthcare Management, Greenwood Village, Colorado in the total amount not to exceed $439,020.00 per year for services required at the Aurora Detention Center through December 31, 2009.

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

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

b. Consideration to EXTEND A COMPETITVELY BID CONTRACT for the second and final option year to Publication Printers Corporation, Denver Colorado in the amount not to exceed $131,000.00 for printing and mailing services of the Leisure for Life and Active Living brochures, per Invitation to Bid B-3767

Council Member Peterson agreed the brochures were informative but noted the printing cost was prohibitive given the City’s current budget concerns. She could support printing a small amount for free distribution but could not support a large mass mailing.

Lori Daniels, Manager, Recreation Services, noted the cost to publish and distribute each copy was approximately 35 cents.

Motion by Markert, second by Beer, to approve item 9b.

Council Member FitzGerald pointed out these were high quality publications but the City could no longer review these contracts without considering existing budget concerns.

Council Member Sandstrom asked staff when this contract last went out for bid. Ms. Daniels stated this was the third extension of this contract since it was initially awarded in 2007.

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

Voting Nay: Peterson

c. Consideration to AWARD A COMPETITIVELY BID CONTRACT to Glacier Construction Company, Inc., Englewood, Colorado in the amount of $2,496,900.00 for construction of the Cherry Creek Lift Station No. 15 Project, Project Number 5158A. 

Motion by Peterson, second by Frazier, to approve item 9c.

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

d. Consideration to award a single source contract to Aurora EDC, Aurora, Colorado in an amount not to exceed $350,000 for services to assist companies to expand and relocate to the City of Aurora during 2009.

Motion by Peterson, second by Frazier, to defer item 9d until the February 23, 2009 City Council meeting.

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

Final Ordinances

♦ e. Consideration of an ORDINANCE FOR FINAL of the City Council of the City of Aurora, Colorado, declaring the organization of General Improvement District 1-2008 (Peoria Park).

♦ f. Consideration of an ORDINANCE FOR FINAL of the City Council of the City of Aurora, Colorado, declaring the organization of General Improvement District 3-2008 (Meadow Hills Country Club).

Motion by Markert, second by FitzGerald, to approve items 9e and f.

Council Member Peterson noted she generally supported democracy in action, the will of the majority and improving neighborhoods however, she had concerns regarding Metro Districts imposing on homeowners with a fixed income. She noted the ordinances were well intended however; she would not support Metro Districts until the current economic crisis lessens.

Council Member Sandstrom asked if the vote numbers called out in the ordinance were correct. Nancy Sheffield, Director, Neighborhood Services, answered affirmatively

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

Voting Nay: Peterson

10. RESOLUTIONS

♦ a. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, acting ex-officio as the Board of Directors of General Improvement District 1-2008, adopting an official seal and designating the city as the authorized agent of the district for all purposes relating to the construction, installation, operation, maintenance, and repair of a masonry fence and other incidental and necessary improvements within the district

Motion by Markert, second by Pierce, to approve item 10a.

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

Voting Nay: Peterson

♦ b. Consideration to APPROVE A RESOLUTION of the City Council of the City of aurora, Colorado, acting ex-officio as the board of directors of General Improvement District 3-2008, adopting an official seal and designating the city as the authorized agent of the district for all purposes relating to the construction, installation, operation, maintenance, and repair of a masonry fence and other incidental and necessary improvements within the district.

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

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

Voting Nay: Peterson

♦ c. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, Acting Ex-officio as the Board of Directors of General Improvement District 1-2008, affirming the official intent of the District to reimburse itself for certain capital expenditures of the Peoria Park Neighborhood Fence project by issuing General Obligation Bonds or other obligations of the District.

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

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

Voting Nay: Peterson

♦ d. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, acting ex-officio as the Board of Directors of General Improvement District 3-2008, affirming the official intent of the District to reimburse itself for certain capital expenditures of the Meadow Hills Country Club Neighborhood Fence project by issuing General Obligation Bonds or other obligations of the District

Motion by Sandstrom, second by Pierce, to approve item 10d.

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

Voting Nay: Peterson

♦ e. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, to amend the 2009 Personnel Policies and Procedures Manual of the City of Aurora, Colorado.

Motion by Pierce, second by Markert, to defer item 10e to the February 23, 2009 City Council meeting.

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

Voting Nay: FitzGerald

Council Member FitzGerald expressed his concern regarding the constitutionality of a general definition of a glossary term contained in the resolution. A request to determine the constitutionality was sent to Attorney General John Suthers. He did not support the motion because he could not vote on the item until such clarification was realized.

♦ f. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, approving the Intergovernmental Agreement between the Board of County Commissioners of the County of Arapahoe, Colorado, and the City for the management of parks

Motion by Peterson, second by Sandstrom, to approve item 10f.

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, amending Chapter 22 of the City Code of the City of Aurora, Colorado, regarding registration of Abandoned Residential properties

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

Council Member Pierce asked staff to briefly explain the item for public review.

Nancy Sheffield, Director, Neighborhood Services, did so. She explained this ordinance would require vacant abandoned residential properties to be registered with the City, to be maintained according to City code and would require a registration fee.

Peter Kirchhef, Aurora, Colorado, representing the Credit Union Association of Colorado and the Colorado Bankers Association, spoke in opposition to the item. He expressed concerns regarding timeframe, legal and financial liability, and the broadness of the ordinance language. He related definition of abandoned property, amount of property mitigation required, the sunset issue, and what happens when a property owner returns to redeem the property as specific issues requiring clarification.

Council Member FitzGerald expressed his understanding of the deeds of trust language, and the industry’s desire for a time constraint on the ordinance. He asked Mr. Kirchhef what sunset provision date was preferred. Mr. Kirchhef stated 2011 or 2012. Council Member FitzGerald expressed his appreciation to Mr. Kirchhef for his open mindedness throughout this process.

Council Member Markert agreed this was a significant problem in the City but she was not confident this was the answer. She pointed out the City had existing functional methods to mitigate these concerns without the possibility of legal concerns. She would not support the motion.

Council Member Peterson expressed appreciation to the Neighborhood Services Department for their work on this item. She agreed this was a serious problem but noted the ordinance was not ready to move forward. She could not support the motion because further effort was necessary.

Council Member Pierce agreed to support the item. He discussed the growing number of foreclosures throughout the City where homes sit vacant. This brings down property values and having an ordinance that requires lenders to register and maintain the properties would mitigate this concern

Council Member FitzGerald agreed to accept Mr. Kirchhef’s recommendation of the ordinance review and effectiveness date certain of June 30, 2012, and would do so when the ordinance was presented for final approval.

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

Voting Nay: Frazier, Markert, Peterson

12. PLANNING MATTERS

♦ a. PUBLIC HEARING and consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, for the initial zoning of a parcel of land spanning the north and south corners of Quincy Ave. and Robertsdale Road, to Open Space, amending the Aurora Zoning Map accordingly 1,073.02 acres more or less (Pronghorn Natural Area and Open Space)

Libby Tart, Planning, gave a brief presentation of the item. The Planning and Zoning Commission unanimously recommended approval of the item at the December 10, 2008 Planning Commission hearing, with no public comment. Staff supports the initial zoning because is does not conflict with surrounding development plans and will not change the predominant character of the area.

Council Member Pierce asked staff if RV parks were allowed in Open zoning.

Jim Sayre, Manager, Planning, clarified RV parks were allowed in open zoning but only with a conditional use approval.

Council Member Pierce noted a conditional use approval could not be obtained without a public hearing. Mr. Sayre concurred. Council Member Pierce pointed out therefore, technically an RV use could be approved in this zoning with a conditional use. Mr. Sayre concurred, noting it was unlikely as this was City property. Council Member Pierce stated for the record, an RV park was not a desired use at this location.

Mayor Tauer pointed out while the item did require a public hearing by the Planning Commission; the City Council had final approval.

Charles Richardson, City Attorney, concurred. He pointed out staff could address that concern in writing prior to the final approval of this ordinance.

Pat Schuler, Parks and Open Space, clarified this was Parks and Open Space property used as Open Space. This land enjoyed a Council approved Master Plan thereby making the possibility of an RV park use exceedingly unlikely.

Council Member Beer asked why the initial zoning did not occur when the property was annexed. Ms. Tart stated it was an oversight. Council Member Beer asked if the property was acquired through funds that restricted the use to open space, and if not, could the land be developed as an approved park or recreation facility should funds be made available.

Ms. Schuler stated the land was purchased through various funding sources, some of which allowed active use and some restricted use. In the case of active use, soccer fields were proposed for a portion of the site.

Council Member Beer asked if rezoning would be required to do so. Ms. Shuler answered no. Council Member Beer asked if Planning staff concurred.

Ms. Tart answered affirmatively.

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

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

♦ b. PUBLIC HEARING to consider a SITE PLAN AMENDMENT for a 2,771-square-foot restaurant with a drive-through generally located at the Northeast Corner of Ironton Street and Colfax Avenue (10707 E. Colfax Avenue).  (Jack-In-The-Box at Colfax Square)

Council Member Broom noted this item was called up by Council Member Wallace who was not present this evening.

Motion by Broom, second by FitzGerald, to continue the public hearing on item 12b to the February 23, 2009 City Council meeting.

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

13. RECONSIDERATIONS AND CALL-UPS

None.

14. GENERAL BUSINESS

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

Motion by Markert, second by Sandstrom, to reappoint Jane McGrath to the Art in Public Places Commission.

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

b. Consideration to appoint two members to a three-year term on the Planning and Zoning Commission.

Motion by Beer, second by Pierce, to appoint William Wiggins and Brent Jones to the Planning and Zoning Commission.

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

Voting Nay: Markert

15. REPORTS

a. Report by the Mayor

Mayor Tauer wished Council Member Markert’s mother a happy birthday and agreed whatever efforts could be made should be made on behalf of the Aurora Academy students.

b. Reports by the Council

Council Member FitzGerald related his recent attendance at Aurora Academy where their middle school students have ranked high on CSAP tests three years in a row. The students requested help to develop a lab where they could study and produce small wind turbines and sun panels. He congratulated the students and staff for their efforts.

Council Member Markert announced the appointment of Tonee Mwamba to the Business Advisory Board. She expressed her appreciation to Tom Ashburn for his service. She congratulated Aspen Place on their efforts in obtaining an RTD bus shelter in Ward Il, and wished her mother a happy birthday.

Council Member Frazier announced the resignation of Cindy Acree from the Citizen’s Advisory Budget Committee and the subsequent appointment of Tom Coker. He congratulated his son for winning the Mutton Busting contest at the rodeo.

Council Member Broom expressed appreciation to Tom Tobiassen for his service on the Planning Commission. He announced the Ward 6 Town Meeting scheduled for Tuesday, January 27, 2009 at the Mission Viejo Library at 7:00 p.m. where the City’s 2009 Snow Plan and Budget would be discussed

Council Member Beer congratulated Council Member Frazier’s son on his win, the Aurora Academy students on their high achievements and wished Council Member Markert’s mother a happy birthday. He reminded everyone that in addition to the monthly Ward III evening meetings, morning coffees were scheduled the first Wednesday of every month. The next Coffee would be held Wednesday, February 4, 2009 at 7:30 a.m. at the Village Inn located at 921 South Havana Street. This was an informal event shared with State Representative Karen Middleton.

16. PUBLIC INVITED TO BE HEARD

None.

17. ADJOURNMENT

Mayor Tauer adjourned the regular meeting of City Council at 8:26 p.m.

_______________________________________

EDWARD J. TAUER, Mayor

ATTEST:

________________________________________

DEBRA JOHNSON, City Clerk