Meeting Minutes @ AuroraGov.org

Council Member Sandstrom asked everyone to remember Navy Corpsman Anthony Christian Garcia, an Aurora resident, recently killed in Afghanistan and laid to rest in Fort Logan during the moment of silence.

4. PLEDGE OF ALLEGIANCE TO THE FLAG

5. APPROVAL OF THE MINUTES OF THE MEETING OF JULY 27, 2009

Motion by FitzGerald, second by Broom, to approve the minutes of July 27, 2009 as presented.

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

Abstained: Hogan, Markert, Wallace

6. CEREMONY

a. Swearing in of newly appointed Boards and Commission members – Presiding Judge Richard Weinberg

Name Board or Commission

Ronda Bollwahn Aurora Commission for Seniors

Steve Anderson Local Licensing Authority

Kathy Groth Library Board

James Rogers Open Space Board

Pricilla Jackson Open Space Board

Jack Messervey Veterans’ Affairs Commission

b. Recognizing Kayla Radomski “So You Think You Can Dance” – Council Member Bob FitzGerald

Mayor Tauer and Council Member FitzGerald recognized Kayla Radomski as “Aurora, Colorado’s Favorite Dancer”. Ms. Radomski’s family accepted the acknowledgment on her behalf.

Mayor Tauer recognized Boy Scout Troops #148 and 392, sponsored by the Church of Jesus Christ of Latter Day Saints.

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

Errol Rowland, 2677 South Xanadu Way, Aurora, CO, came before Council and presented gifts of appreciation to Mayor Tauer, Council Member Markert, and Council Member Sandstrom for their support with the recent authorization by the metro district voters for the acquisition of Heather Ridge Golf Course.

Joseph Soto, Aurora, Colorado, expressed his opinions regarding Healthcare Reform.

8. ADOPTION OF THE AGENDA

The agenda was adopted as presented.

9. CONSENT CALENDAR - 9a-9e

General Business

a. Consideration to AWARD A COMPETITIVELY BID CONTRACT to East Jordan Iron Works Inc., Commerce City, Colorado in the amount not to exceed $79,791.45 to cover the cost of cast iron manhole covers and rings as required for the Aurora Water Wastewater and Stormwater divisions through March 31, 2010. (B3879).

Motion by Broom, second by Wallace, to approve item 9a.

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

Final Ordinances

♦ b. Consideration of an ORDINANCE FOR FINAL of the City Council of the City of Aurora, Colorado, amending Article II of Chapter 126 of the City Code of the City of Aurora, Colorado, relating to Collector Streets in designated urban centers.

♦ c. Consideration of an ORDINANCE FOR FINAL of the City Council of the City of Aurora, Colorado, amending portions of Articles 5, 6, 7,9,10 and 20 of Chapter 146 of the City Code of the City of Aurora, Colorado, relating to locating Ambulance Service Facilities

♦ d. Consideration of an ORDINANCE FOR FINAL of the City Council of the City of Aurora, Colorado, amending Article 8 of Chapter 146 of the City Code of the City of Aurora, Colorado, by enacting Sections 146-886 through 146-892 relating to the Havana Street Overlay District

♦ e. Consideration of an ORDINANCE FOR FINAL of the City Council of the City of Aurora, Colorado, amending and repealing various Articles and Sections in Chapter two of the City Code relating to City Departments and Divisions

Motion by Sandstrom, second by FitzGerald, to approve items 9b – e.

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

10. RESOLUTIONS

♦ a. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, approving an Intergovernmental Agreement between the City of Aurora and the State of Colorado for the use and benefit of the Colorado Department of Transportation regarding Highway Maintenance on portions of Colfax Avenue, 6th Avenue and Havana Street.

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

Council Member Hogan asked staff why the work on 6^th Avenue ended at Airport Boulevard.

Chris Carnahan, Public Works Operations Manager, noted 6^th Avenue was a state highway and he was uncertain why CDOT chose to do so.

Council Member Markert stated that was the dividing line between districts. Mr. Carnahan concurred.

Council Member Hogan asked staff if the districts discussed maintenance of the area east of Airport Boulevard. Mr. Carnahan answered affirmatively.

Dave Chambers, Director, Public Works, confirmed this was a part of District 1 and Airport Boulevard split Region 6 from Region 1. He confirmed discussions between districts regarding providing maintenance to the area east of Airport Boulevard have occurred but the suggested pricing and additional effort to the City’s snow removal operation were significant. The other portions integrate better into the City’s regular system.

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

♦ b. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, approving an Intergovernmental Agreement with the State of Colorado Transportation for Operation and Maintenance of Traffic Control Devices

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

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 Section 146-707 of the City Code of the City of Aurora, Colorado, relating to Waiver of City Center Development Requirements

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

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

Voting Nay: Markert, Peterson

12. ORDINANCES FOR FINAL

♦ a. Consideration of an ORDINANCE FOR FINAL of the City Council of the City of Aurora, Colorado, submitting to a vote of the registered electors of the City of Aurora, Colorado, at the regular municipal election of November 3, 2009 an amendment to Section 3-5(b) of the City Charter concerning terms of City Council Members.

Motion by Sandstrom, second by Broom, to approve item 12a.

Council Member Markert was uncertain whether she supported the item at this time however she agreed it should be sent to the voters for their decision.

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

Voting Nay: Frazier, Peterson, Wallace

♦ b. Consideration of an ORDINANCE FOR FINAL of the City Council of the City of Aurora, Colorado, providing for the issuance of General Improvement District 1-2007 general obligation limited tax bonds, Series 2009, in an aggregate principal amount not exceeding $706,000 to finance the cost of masonry fence improvements; Authorizing the execution and delivery by the district of the Series 2009 bonds and related documents; and making determinations as to other matters related to the Series 2009 bonds.

Motion by Broom, second by FitzGerald, to approve item 12b.

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

Voting Nay: Peterson

♦ c Consideration of an ORDINANCE FOR FINAL of the City Council of the City of Aurora, Colorado, submitting to a vote of the registered electors of proposed General Improvement District No. 3-2009 (Carriage Place) at the regular municipal election of November 3, 2009, a question authorizing the organization of the district, the issuance of district bonds to construct and install a masonry fence, and the levy of property taxes to fund debt service on such bonds and the maintenance of such fence.

Motion by Pierce, second by Markert, to approve item 12c.

Margee Cannon, Neighborhood Services, provided an update on the item. City Council deferred the item to this meeting in order for Special Hearing Officer Jennifer Gifford to clarify outstanding issues. Ms. Gifford has since clarified those issues and has provided Council with an Advisory Memorandum Clarification.

David Rodriguez, Aurora, Colorado, stated the item should move forward to the voters for decision.

Laura Fettinger, Aurora, Colorado, stated the issues have been resolved therefore the item should move forward.

Rex Bell, Aurora, Colorado, expressed appreciation to City Council for their attention to this concern, and contended the item should move forward to the voters.

Christine Dilts, Aurora, Colorado, noted the issues have been resolved and the item should move forward to the voters.

Gary Pratt, Aurora, Colorado, concurred.

Thomas A. Stuart, Aurora, Colorado, spoke in opposition to the fence and fence petition. He asked Council to acknowledge the petition as illegal and therefore not allow it to move forward.

Roberta Martinez, Aurora, Colorado, expressed concerns regarding the City’s Fence Replacement Program and process, and spoke in opposition to the fence.

Council Member Peterson did not support the item.

Council Member FitzGerald agreed the numbers were convoluted but Ms. Gifford’s letter clarified the required numbers have been realized. He would support the item because the number thresholds have been met, and suggested those who oppose the fence vote against it.

Council Member Markert expressed appreciation to those neighbors involved on both sides of this effort.

Council Member Pierce supported the motion because all outstanding issues have been addressed.

Council Member Hogan asked staff if the item met the 20/40-day requirement as stated by Ms. Gifford.

Michael Hyman, Assistant City Attorney, answered affirmatively, noting Council has the authority to interpret the law in this case.

Council Member Hogan asked staff if the number of electors and valid signatures determined by Ms. Gifford were correct. Ms. Cannon answered affirmatively. Council Member Hogan noted the process was followed in this case and therefore should move forward.

Council Member Frazier noted the merit of the fence was not the issue. The Fence Replacement Program has been in place for eight years and the requirements of the program have been met therefore he supported moving the item forward. He expressed his hope that the community would come together in this regard.

Council Member Broom concurred.

Council Member Sandstrom concurred.

Council Member Wallace concurred. She encouraged neighbors to continue to get their positions out to the public.

Council Member Beer discussed the merits and necessity of participatory democracy, noting substantial compliance with the process has been met and he would support the motion.

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

Voting Nay: Peterson

13. PLANNING MATTERS

a. PUBLIC HEARING to consider an APPEAL of the Planning Commission's decision to deny a Site Plan Amendment for a 7,765-square-foot addition to the Texaco Express Lube building at 3420 S. Tower Road. (Seven Hills Veterinary Clinic at Seven Hills Plaza). (Case Number 1983-6087-32)

Council Member Hogan stated this was a healthy business in a healthy center that wanted to make a change. He expressed his understanding that those on both sides of the issue have worked together to find a satisfactory resolution for everyone but has been unsuccessful. It did not make sense to have Council make a decision on a case between a good business owner and a good tenant. He understood it was the appellant’s decision, but asked everyone to consider postponing the item for two weeks while both sides continue to strive for an agreement.

David Foster, Denver, Colorado, representing the appellant, stated a continuance was approved three weeks ago for the same reason therefore the appellant was prepared to move forward recognizing an agreement has not been reached and a decision might not be made. He suggested testimony might instigate either side to reconsider their position. He asked if the two parties might have a moment to discuss the concern.

Mayor Tauer noted if the item was continued, all those present in favor of the item could stand to be counted in favor. He expressed concerns that a meeting of the minds was often made more difficult after testimony. He called for a two minute recess.

Michael Smyth, Planning, provided a summary of the item.

Council Member FitzGerald asked staff if any environmental issues requiring mediation were realized on this site. Mr. Smyth answered no.

Council Member Wallace asked staff what agreements might be reached with this concern. Mr. Smyth stated staff proposed the two parties come together over a sign program that addressed the perimeter of the Seven Hills Plaza, and location of the building.

Mr. Foster confirmed the appellant intended to treat the property owner with the utmost respect.

Dr. Jeffrey Mullen, Aurora, Colorado, representing the appellant, asked those present in support of the item to stand.

Mayor Tauer thanked the proponent for their attendance and recognized 45 people standing in support.

Dr. Mullen gave a presentation of the item.

Mr. Foster addressed the legal issues that have arisen in this case.

Marcus Pachner, Denver, Colorado, discussed the community outreach that has taken place since the Planning Commission and specific concerns raised by staff and existing tenants with regards to the site.

Council Member Hogan asked the appellant what generated tenant support. Mr. Pachner stated the addition of the sign package led the most affected tenants to support the application as they were aware the appellant brought significant use and traffic to the center.

Council Member Hogan asked staff to explain their position regarding the use being incompatible with the center when they currently existed in the center. Mr. Smyth stated the objections related to site lines and the introduction of a fairly large building in those site lines. Staff regarded the significant tenant opposition and questioned whether the building, and not the use, fit at this location.

Council Member FitzGerald asked staff if the sign would be visible prior to the shopping area entrance. Mr. Smyth answered affirmatively.

Council Member Wallace referenced signage #2 and asked if it would be allowed. Mr. Smyth stated staff was charged with administering the sign regulations. Some of the proposed signs would exceed some of the regulatory restrictions. Staff supported moving forward with the sign program with a series of waivers to accommodate larger signs in better locations.

Cynthia Barnhill, Parker, Colorado, spoke in favor of the item.

Roberta Sheperd, Centennial, Colorado, spoke in favor of the item.

Nathaniel Orr, Denver, Colorado, representing Orr Structures, spoke in favor of the item.

Robert McCasky, Aurora, Colorado, spoke in favor of the item.

Anne Price, Littleton, Colorado, spoke in favor of the item.

Don Leeder, Aurora, Colorado, spoke in favor of the item.

Stewart Stoddart, Centennial, Colorado, spoke in favor of the item.

Kristen Rasmussen, Centennial, Colorado, spoke in favor of the item.

Karen Boesel, Denver, Colorado, spoke in favor of the item.

Thomas Ragonetti, Denver, Colorado, representing Seven Hills Shopping Center, spoke in opposition to the item. He stated this was a very narrow planning issue and the concern was whether this was the appropriate planning for this location. He discussed visibility, signage and the negative impact this item would have on existing tenants.

Michael Patrick, Denver, Colorado, representing the Seven Hill Shopping Center ownership group, spoke in opposition to the item and discussed the history of the site and the $18M investment the owners have put into the center.

Council Member FitzGerald asked Mr. Patrick if he agreed that site plan amendments varying square footage were often necessary and there should be a process available in which to do so. Mr. Patrick answered affirmatively. Council Member FitzGerald asked Mr. Patrick if he was aware of any other parcels in the center that requested a site plan amendment. Mr. Patrick answered no. Council Member FitzGerald expressed his understanding that the presentation of the area was Hampden. Mr. Patrick agreed the majority of the Movie Tavern’s exposure was from Hampden and the intersection of Tower and Hampden.

Sharon Kamen, Denver, Colorado, Leasing Agent, representing Seven Hill Shopping Center, spoke in opposition to the item, noting this item would cause permanent, irreparable damage to existing and future tenants and owners of the center.

Council Member Hogan pointed out the existing building on the east side of the site that runs north and south was basically the same size and presented the same sight obstruction as the proposed building on the west. He asked Ms. Kamen to speak to how the building on the east side differed from that proposed on the west. Ms. Kamen did so. Council Member Hogan pointed out the signage at the corner of Hampden and Tower was covered by vegetation which added to the lack of visibility of the center, and vehicles traveling 40 mph east on Hampden could not see into the center with the current configuration. He asked Ms. Kamen if her objections related to an actual lack of visibility or a perceived lack of visibility.

Mr. Patrick clarified the east building was a part of the original center and the owners were aware of it when they purchased the site. Additionally, the east building backed up to a cul-de-sac and the only traffic on the road behind it were vehicles exiting the center so traffic visibility in that regard was not considered.

Council Member FitzGerald stated the Movie Tavern was the anchor business in this center, and asked if it were true that, considering its volume of traffic, if approved, this item would also be considered an anchor business. Mr. Patrick agreed any 10,000 square foot business would generate traffic to the center. Council Member FitzGerald asked if the traffic would create spillover business for other tenants in the center. Mr. Patrick answered affirmatively.

Council Member Broom asked Mr. Patrick to point out the proposed relocation site. Mr. Patrick did so, noting it was the extreme southwest portion of the parking lot. Council Member Broom asked if a building in that configuration would create visibility concerns as well. Mr. Patrick stated his hope that the building configuration could be changed to mitigate that concern. Council Member Broom stated the only difference in that recommendation was that the shopping center, rather than Mr. Leeder, would be selling the property.

Council Member Peterson noted the adjacent Kohl’s was a thriving business that was not visible from Tower Road.

Council Member Wallace pointed out the Sonic parking lot was currently a congested area and relocating the building to the area proposed by the center would generate additional internal traffic problems. Therefore she did not think the relocation was a reasonable alternative.

Mr. Foster discussed the perceived visibility concerns, noting the proposed relocation site would also impact views across the site. He clarified the appellant sought an amendment and not waivers therefore the plan met City code in all site requirements.

Council Member Hogan asked Mr. Foster if, as stated by Mr. Patrick, the appellant chose not to discuss the recommended relocation site. Mr. Foster stated the relocation site was the lowest point on the site at the retention point and was located behind two existing buildings. Council Member Hogan pointed out the appellant’s position that visibility was perceived while not being willing to consider the relocation site due to lack of visibility was inconsistent.

Mr. Foster did not concur. He explained the existing site did not impact visibility and yet the owner wanted to put the building in a location with reduced visibility.

Council Member FitzGerald suggested raising the building height would mitigate perceived visibility concerns.

Dr. Mullen concurred, noting that option was offered to and declined by Mr. Patrick.

Council Member FitzGerald asked Dr. Mullen to speak to his perception of why that was so. Dr. Mullen expressed his understanding that negative visibility concerns were the issue.

Council Member FitzGerald asked Mr. Patrick why the owners were not interested in allowing the appellant to purchase both Mr. Leeder’s property and a portion of the center’s property to build a two story building. Mr. Patrick stated that option was reviewed and discussed the many challenges that were realized in doing so.

Council Member Peterson asked Mr. Patrick to point out how the east/west building configuration would negatively impact the bell curve parking. Mr. Patrick did so.

Council Member Wallace asked the distance from the proposed location to the detention site. Mr. Patrick stated the detention tank was located east of the proposed site.

Mr. Foster stated this was not the perfect plan but it was a very good plan, and asked Council to approve it.

Council Member FitzGerald asked staff if the center has realized any other site plan amendments. Mr. Smyth answered affirmatively.

Motion by Markert, second by FitzGerald, to approve item 13a.

Council Member Hogan did not understand how a quality owner and a quality tenant could not reach an agreement. He stated voting on this item, as it existed, created a win/lose situation rather than a win/win situation.

Council Member FitzGerald noted the site plan complies with the Aurora Comprehensive Plan and he would support it.

Council Member Peterson supported the item.

Council Member Sandstrom stated this was one of the most difficult decisions she has been faced with as she supported both sides. She stated a site plan was essentially a promise and when the investors purchased the site, they were promised no buildings on the property larger than 3000 square feet, however to go from 3,000 square feet to 10,000 square feet was a major amendment and she would not support it.

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

Voting Nay: Sandstrom

14. RECONSIDERATIONS AND CALL-UPS

None.

15. GENERAL BUSINESS

None.

16. REPORTS

a. Report by the Mayor

b. Reports by the Council

Council Member Beer reminded everyone that school was back in session and congratulated Aurora Public School Superintendent, John Barry, staff and students for their efforts regarding the great advance in APS CSAP scores. He wished his daughter, Zoe Grace Middleton, a happy birthday, and appointed Ward III constituent, Stetsen Mathias, to the Aurora Youth Commission.

Council Member Wallace congratulated Aurora Public Schools for making positive changes, invited everyone interested in attending the Ward 1 Town Meeting scheduled for Thursday, September 17, 2009 at the MLK Library where an overview on the VA plans for the Fitzsimons Campus would be provided, and to the NANO Candidate Forum, scheduled for Thursday, September 10, 2009 at Fletcher Elementary School.

Council Member Broom related his recent attendance at the Welcome Home event for the Buckley National Guard unit returning from Iraq at the Aurora Sports Park. He congratulated the ground maintenance facility crew for the efforts in maintaining the park.

Council Member Sandstrom related her recent attendance at the National Health Week event at the MCPN Clinic located at Hampden and Chambers which honored the clinic as well as Dr. Gottlieb who donates his time at the clinic. She congratulated all those dedicated people across the Metro area that help with healthcare. She pointed out that while she voted against the planning item this evening, she was pleased the applicant would be staying in Aurora.

Council Member Pierce announced the current exhibit, Ike Slept Here, now showing at the Aurora History Museum (www.auroramuseum.org), will run through November 8, 2009.

Council Member Markert announced the appointment of Chelsea Willman to the Aurora Youth Commission, and invited all those interested in attending to the Ward IV meeting scheduled for Thursday, August 20, 2009 at St. Andrews Village where the Aurora Citizens for Recreation Task Force would be present. She recommended everyone review the City of Aurora Fire Department Annual Report and expressed appreciation to everyone for their concern and support during her mother’s recent illness.

Council Member FitzGerald congratulated the Heather Ridge residents for their exercise in democracy which produced great results for everyone, and acknowledged the efforts of the Aurora Public School system where not only scores were improving but also ideas and creativity.

Council Member Peterson related her recent attendance at the Welcome Back event for the returning Air National Guard Squadron #140, and expressed appreciation to all those who volunteered and provided donations for this wonderful event. She specifically thanked the Aurora Water, Fire and Police Departments, and the American Legion. She announced her recent adoption of a puppy from the Aurora Animal Shelter and encouraged those interested in adopting a pet to do so at the Aurora Animal Shelter.

17. PUBLIC INVITED TO BE HEARD

None.

18. ADJOURNMENT

Mayor Tauer adjourned the regular meeting of City Council at 11:15 p.m.

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EDWARD J. TAUER, Mayor

ATTEST:

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DEBRA JOHNSON, City Clerk