CALL TO ORDER REGULAR MEETING

Transcription

1 MINUTES Regular Meeting Aurora City Council Monday, March 14, 2016 CALL TO ORDER REGULAR MEETING Mayor Hogan convened the regular meeting of City Council at 5:00 p.m. ROLL CALL PRESIDING: COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: OFFICIALS PRESENT: COUNCIL MEMBERS ARRIVING AFTER ROLL CALL: Mayor Hogan Berzins, Cleland, Lawson, LeGare, Mounier, Peterson, Pierce, Bergan City Manager Noe, City Attorney Hyman, Assistant City Manager/City Clerk Napper None Assistant City Manager/City Clerk Janice Napper announced the proposed items for discussion at executive session. CONSIDERATION TO RECESS FOR EXECUTIVE SESSION Motion by Cleland, second by Pierce, to recess for executive session. The executive session was recorded pursuant to the requirements of state law. 1. RECONVENE REGULAR MEETING OF MARCH 14, 2016 AND CALL TO ORDER Mayor Hogan reconvened the regular meeting of City Council at 7:30 p.m. 2. ROLL CALL PRESIDING: COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: OFFICIALS PRESENT: Mayor Hogan Berzins, Cleland, Lawson, LeGare, Mounier, Peterson, Pierce, Bergan City Manager Noe, City Attorney Hyman, Assistant City Manager/City Clerk Napper 3. INVOCATION Pastor Tim Wright, Living Water Church 4. PLEDGE OF ALLEGIANCE TO THE FLAG (all standing) 5. APPROVAL OF THE MINUTES OF THE MEETING OF FEBRUARY 22, 2016 Motion by LeGare, second by Berzins, to approve the minutes of February 22, 2015 as presented.

2 Page 2 6. CEREMONY a. R Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, congratulating the Denver Broncos Football Club on winning Super Bowl 50. STAFF SOURCE: Chanell R. Reed, Council/Mayor Management Analyst, City Council Motion by all members present, second by all members present, to approve item 6a. Council Member Cleland expressed appreciation to the Bronco organization for their efforts in winning the Super Bowl. Mayor Pro Tem Peterson stated she was proud and excited to have the Broncos win the Super Bowl Council Member Roth stated he was a lifelong Bronco fan and discussed the great success of the Bronco Super Bowl celebration parade in terms of public safety and lawfulness. Council Member Pierce expressed congratulations to the Broncos, noting it was a community and regional effort. Mayor Hogan invited Billy Thompson, Bronco Ring of Fame member, to come forward to accept the resolution. Mr. Thompson expressed appreciation for the resolution. b. Swearing in of newly appointed Boards and Commission members Presiding Judge Richard Weinberg Presiding Judge Richard Weinberg administered the oath of office to the board and commission members. Mayor Hogan and City Council congratulated the members and thanked them for their service to Aurora. Name Marcella Barnett John Egbert Scott Irvin Lynn Bradley Bobbie McClure Jessica Jackson Board or Commission Citizens Advisory Committee on Housing and Community Development Citizens Water Advisory Committee Election Commission Parks and Recreation Board Parks and Recreation Board Public Defender Commission c. Swearing in of new Assistant City Attorneys Presiding Judge Richard Weinberg Presiding Judge Richard Weinberg administered the oath of office to Assistant City Attorneys Ian Best and Dan Brotzman. d. Recognition Water Treatment Facilities Partnership for Safe Water-Excellence in Water Treatment Distinction Mayor Hogan/Marshall Brown Mayor Hogan invited Marshall Brown, Director of Aurora Water, to come forward to present the award. Mr. Brown invited Barbara Martin and Tom Schippert, Partnership for Safe Water and American Water Works Association (AWWA), Aurora water treatment facility staff, and

3 Page 3 Kevin Linder, Treatment Plant Supervisor, Aurora Water, to come forward. Mayor Hogan expressed appreciation to staff for their efforts in this regard. Mayor Hogan recognized Keenan Sugar of Boy Scout Troop # 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-d General Business a. Consideration to AWARD A SINGLE SOURCE CONTRACT to L.L. Johnson Distributing Company, Denver, Colorado, in the not-to-exceed amount of $166, for the cost of Toro brand repair parts and services as required from April 1, 2016 through March 31, 2017, for Golf and Fleet Services. STAFF SOURCE: Douglas McNeil, Manager of Golf, Parks, Recreation & Open Space b. Consideration to AWARD A SOLE SOURCE CONTRACT to Innovative Interfaces Inc., Emeryville, California in the amount of $94, to upgrade the integrated library software system used by Aurora's citywide libraries. STAFF SOURCE: Patti Bateman, Director, Library & Cultural Services c. Consideration to AWARD A SOLE SOURCE CONTRACT to Versaterm Systems, Scottsdale, Arizona in the amount of $244, for annual renewal of software maintenance on the Police Information Management, Mobile Report Entry, and Crime Analysis Systems through March STAFF SOURCE: Aleta Jeffress, Director, Information Technology d. Consideration to AWARD AN OPENLY SOLICITED CONTRACT to Arvada Pump Co., Arvada, Colorado in the not-to-exceed amount of $122, for annual motor parts, inspections and repair services in the Water facilities through March (R-1763) STAFF SOURCE: Thomas Ries, Manager of Water Operations and Maintenance, Aurora Water Motion by Pierce, second by Roth, to approve items 9a 9d. 10. RESOLUTIONS a. R Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, approving an Amendment to the Joint Use Agreement between the City of Aurora and Adams-Arapahoe Joint School District 28J regarding Fletcher Elementary School gymnasium. STAFF SOURCE: Byron Fanning, Manager of Recreation, Parks, Recreation & Open Space Motion by Mounier, second by Richardson, to approve item 10a. Berzins, Cleland, Lawson, LeGare, Mounier, Peterson, Pierce,

4 Page 4 b. R Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, finding a petition for annexation of a parcel of land located in the Northeast Quarter of Section 12, Township 5 South, Range 67 west of the 6th Principal Median, County of Arapahoe, State of Colorado, to be in Substantial Compliance with Section (1) C.R.S. and giving notice of a public hearing on the proposed annexation (Parker Quincy) acres. STAFF SOURCE: Gary Sandel, Development Project Manager, General Management Motion by Cleland, second by Roth, to approve item 10b. Berzins, Cleland, Lawson, LeGare, Mounier, Peterson, Pierce, 11. PUBLIC HEARING WITH RELATED ORDINANCE a PUBLIC HEARING and Consideration for INTRODUCTION OF AN ORDINANCE of the City Council of the City of Aurora, Colorado, rezoning and East Cornell Avenue, City of Aurora, County of Arapahoe, State of Colorado, from B-1 (Retail Business District) to TOD-Transition and amending the zoning map accordingly. (Cornell Apartments Rezoning) STAFF SOURCE: Libby Tart Schoenfelder, Senior Planner II, Planning & Development Services Mayor Hogan opened the public hearing on the item. Libby Tart Schoenfelder, Senior Planner II, Planning, gave a presentation of the item, noting it related to the rezoning from B-1 to TOD-Transition, and noting staff recommended approval of the item. Council Member Richardson expressed appreciation to staff for their attendance at the many neighborhood meetings. Jo Ellen Davidson, Harsh Parikh, Marcus Pachner and Greg Glade, representing the applicant, gave a presentation on the item. Council Member LeGare asked for clarification regarding the senior use. Mr. Glade stated the applicant has agreed to pursue a senior use and was restricted within the Good Neighbor Agreement (GNA) to that use for a two year time period. Council Member Lawson asked if the senior residents would be displaced if the project was not successful after the two year time period when the use changed. Mr. Glade answered no, noting the community would be deed restricted for a term of 40 years. Council Member Richardson asked when the two year timeframe began. Mr. Glade stated the development team was pursuing the adult housing only for two funding cycles which started June 1, 2016 and/or June 1, Council Member Cleland asked if all of the units had to be within the percent AMI in order to realize the nine percent tax credit. Mr. Glade answered affirmatively. Council Member Cleland discussed the high need for senior housing in Aurora. Council Member Roth asked if the GNA was reviewed and signed by individual households as a part of the process. Ms. Davidson answered affirmatively. Council Member Roth asked if this was a recent development. Ms. Davidson answered affirmatively. Council Member Roth asked how many households were asked. Ms. Davidson stated the agreement was sent out via to a large population so there was no way to really quantify the percentage of those who signed it.

5 Page 5 b Council Member Lawson asked if the 20 percent that was allocated for special needs residents would be seniors. Ms. Davidson answered affirmatively. Ron Yaros, Marilyn Grant, Arnie Schultz, Karen Snyder, Malinda Anderson, Aurora, Colorado, spoke in favor of the item. Sharon Leonard, Englewood, Colorado, spoke in favor of the item. Patrick McKinney, Homeowners Against Cornell, Aurora, Colorado, spoke in opposition to the item. Jeff Geiler, representing Stonehenge at the Dam, Aurora, Colorado, spoke in opposition to the item. Council Member LeGare asked Mr. Geiler if the Stonehenge at the Dam was a business complex. Mr. Geiler answered affirmatively, noting he represented 23 business owners that owned property located to the east of the project site. Council Member LeGare stated a four story office building was allowed under the B-1 zoning and that would be well over on the parking, traffic and height concerns. Mr. Geiler contended the preference was for a business use rather than residential. Council Member Roth asked if all 23 business owners opposed the rezoning. Mr. Geiler stated no one has commented to the contrary. Brandon Kelly, Aurora, Colorado, spoke in opposition to the item. Mr. Glade and Mr. Parikh provided a rebuttal to those who spoke in opposition to the item. Mayor Hogan closed the public hearing on the item. Motion by Lawson, second by Mounier, to introduce item 11a. Council Member Richardson expressed appreciation to the Ward IV residents who attended the meeting, noting he would call-up the administrative approval of the site plan should the Planning Director choose to approve it. He noted the area was determined to be in a TOD-Transitional area in 2013 and he stated he would support the item. He stated the existing B-1 zoning was archaic and might not survive the upcoming zoning code updates. Council Member Cleland stated she would support the item and discussed the nine percent tax credit as it related to the two year funding cycle. She asked staff to support the applicant in receiving their tax credits because of the great need for senior housing in Aurora. Council Member LeGare stated he would support the rezoning, noting he supported Council Member Richardson s choice to call-up the site plan at the appropriate time because there were issues that needed resolution. Council Member Roth stated he would support the item and discussed senior affordable housing and the importance of an owner-operated business. Berzins, Cleland, Lawson, LeGare, Mounier, Peterson, Pierce,

6 Page 6 PUBLIC HEARING and Consideration for INTRODUCTION OF AN ORDINANCE of the City Council of the City of Aurora, Colorado, amending the Saddle Rock East General Development Plan to add self-storage as a use on seven acres at the Southwest corner of Hinsdale Avenue and Gartrell Road, City of Aurora, County of Arapahoe, State of Colorado (Gartrell Self Storage GDP Amendment) STAFF SOURCE: Libby Tart Schoenfelder, Senior Planner II, Planning & Development Services Libby Tart Schoenfelder, Senior Planner II, Planning, gave a presentation on the item, noting the item related to the amendment of the Saddle Rock East General Development Plan to add self-storage. She noted the Planning Commission voted to support the item and staff recommended approval. Karen Henry, representing the applicant, gave a presentation on the item. Mayor Hogan closed the public hearing on the item. Motion by LeGare, second by Roth, to introduce item 11b. Berzins, Cleland, Lawson, LeGare, Mounier, Peterson, Pierce, c PUBLIC HEARING and Consideration for INTRODUCTION OF AN ORDINANCE of the City Council of the City of Aurora, Colorado, amending the Strafford Village General Development Plan to add a new type of housing at the Northwest corner of Toledo Way and Troy Street and the Northeast corner of Tucson Way and Troy Street, City of Aurora, County of Arapahoe, State of Colorado (Gardens at East Iliff GDP Amendment) STAFF SOURCE: Libby Tart Schoenfelder, Senior Planner II, Planning & Development Services Mayor Hogan opened the public hearing on the items 11c and 12a. Libby Tart Schoenfelder, Senior Planner II, Planning, gave a presentation on items 11c, 12a and 13a, noting staff recommended approval of the items. Mayor Pro Tem Peterson asked if the City hired Attorney Tom Ragonetti. Ms. Tart Schoenfelder clarified the City hired a public facilitator who was an associate in the Ragonetti law firm. Council Member LeGare referenced the east and west side parcels, and asked Ms. Tart Schoenfelder to discuss density and how it was acceptable to staff. Ms. Tart Schoenfelder did so, noting a large percentage of the west side was detention and could not be developed thereby activating more density on the east side for a total aggregate of 45 percent. Diana Rael, Norris Design, representing the applicant, gave a presentation on the item. Motion by Richardson, second by Cleland, to receive the multi-page Shamrock agreement document presented by Ms. Rael into the record. Council Member LeGare noted that while Council had not read the document, he suggested it warranted an affirmative vote because the neighbors and the applicant have agreed on it. Council Member Mounier asked Ms. Rael to read the Shamrock agreement letter of support. Ms. Rael did so, noting the agreement was contingent on the applicant s agreement to install

7 Page 7 and maintain a six foot vinyl privacy fence along shared borders, repair the area in front of the trash enclosure and to quick claim deed Shamrock the ten foot strip of land that ran north to south along the shared border. Council Member Mounier asked Ms. Rael to speak to what was planned for the third floor of the buildings. Ms. Rael did so, noting the garage was on the lower level, kitchen on the second and bedrooms and another bathroom on the third floor. Council Member Mounier asked if there were any similar projects in the Metro area. Ms. Rael answered affirmatively, noting they were new and very popular. Council Member Pierce asked if the applicant had committed to the conditions requested by Shamrock. Ms. Rael answered affirmatively. Council Member Cleland noted there was a similar product very close to the Aurora Municipal Building. Victoria Travis, President, Chateaux at Aurora Park, Aurora, Colorado, spoke in favor of the item because the drainage concerns have been addressed. Bob Seckman, President, Danbury Park, Aurora, Colorado, spoke in favor of the item because the applicant agreed to allow Danbury Park to install a gate and picket fence. Council Member LeGare asked Mr. Seckman if he understood the neighborhood would own a cul-de-sac in days. Mr. Seckman stated the neighborhood wanted a gate installed prior to construction. Council Member LeGare asked if the association would build it with assistance. Mr. Seckman answered affirmatively. Sandra Soule, Vice-President, Shamrock, Aurora, Colorado, spoke in favor of the item, noting the agreement letter was accurate and in the record. Jay Corbett and Estelle Matas, Aurora, Colorado, spoke in opposition to the item citing building height and drainage as the biggest concerns. Phillip Volk, Aurora, Colorado, spoke in opposition to the item, noting the inaccurate statement by the applicant that many of the HOAs in the area were in favor of the item. He stated the project was not compatible with surrounding design, development and density elements and was not in the best interest of the adjacent neighbors. Council Member Richardson expressed appreciation to Mr. Volk for his efforts in this regard, noting it put his association in the position to receive concessions from the developer. Frank Gunn, Aurora, Colorado, spoke in opposition to the item, citing incompatibility with the surrounding neighborhoods. He expressed concerns regarding the recent removal of a raptor nest and the tree containing the nest on the property. He stated the nest was deemed uninhabited and the tree as unhealthy, noting these determinations resulted in the removal of the tree and Mr. Gunn stated he found that decision questionable. Ms. Rael provided a rebuttal to the speakers who took a position in opposition. Motion by Richardson, second by Cleland, to accept the two additional pages provided by Ms. Rael. Berzins, Cleland, Lawson, LeGare, Mounier, Peterson, Pierce,

8 Page 8 Mayor Pro Tem Peterson referenced Mr. Gunn s comments regarding the removal of the tree from the property and asked who judged that the tree to be unhealthy. Ms. Rael stated a tree study was conducted by ERO, an environmental resource group. Mayor Hogan pointed out it did not feel right that this began with a tree with a nest on this property to an inactive nest and an unhealthy tree that had to be removed. Ms. Rael commented the professional group was hired as a response to resident comments. Council Member Lawson asked Ms. Rael to speak to why other Century developments have not sold out. Ms. Rael stated it was typical of builders to seek out different target markets and to have multiple projects going on at the same time. Council Member Cleland stated the GDP would lessen the density originally allowed. Ms. Rael concurred. Council Member Mounier asked how long the detention ponds have been in existence. Ms. Rael stated the Danbury Park detention pond was built as a part of the project 15 years ago. Council Member Mounier asked why they were built. Ms. Rael stated to handle Danbury Park drainage, noting it did not end up on the Danbury property but rather on the Century property. Mayor Hogan closed the public hearing on the item. Motion by LeGare, second by Cleland, to approve item 11c. Council Member Richardson discussed Ms. Rael s efforts in creating a sterling reputation with the City and suggested the applicant make every effort to preserve Ms. Rael s reputation by doing what they said they would do with regards to this project. Council Member Cleland stated it was a new product and she appreciated the reduced density. She expressed her hope that the applicant would be a good neighbor by fulfilling the commitments they have made. Mayor Pro Tem Peterson discussed her difficulty in deciding this issue and asked staff if she could abstain from the vote. Mike Hyman, City Attorney, answered no, noting the only way to abstain from a vote was due to a conflict of interest. Voting Nay: Berzins, Cleland, Lawson, LeGare, Pierce, Mounier, Peterson 12. PLANNING MATTERS a. PUBLIC HEARING to consider an APPEAL of the Planning Commission's decision to deny a Site Plan for 94 single-family garden court homes on 8.09 acres, generally located Northwest of the corner of Toledo and Troy (Gardens at East Iliff) (Danbury Park) (Case Number ) STAFF SOURCE: Libby Tart Schoenfelder, Senior Planner II, Planning & Development Services Motion by LeGare, second by Cleland, to approve the site plan item 12a.

9 Page 9 Voting Nay: Mayor Hogan, Berzins, Cleland, Lawson, LeGare, Pierce, Mounier, Peterson 13. ORDINANCES FOR INTRODUCTION a Consideration for INTRODUCTION OF AN ORDINANCE of the City Council of the City of Aurora, Colorado, vacating the Cul-De-Sac of Troy Street, City of Aurora, County of Arapahoe, State of Colorado. (Gardens at East Iliff Street Vacation) STAFF SOURCE: Libby Tart Schoenfelder, Senior Planner II, Planning & Development Services Motion by LeGare, second by Cleland, to introduce item 13a. Voting Nay: Berzins, Cleland, Lawson, LeGare, Pierce, Mounier, Peterson 14. RECONSIDERATIONS AND CALL-UPS None 15. GENERAL BUSINESS a. Consideration of the appointment of citizen, industry, and surface/mineral owner applicants to the Oil and Gas Advisory Committee. STAFF SOURCE: Karen Goldman, Deputy City Clerk Motion by Mounier, second by Peterson, to propose a slate of candidates for the categories of citizen, industry and surface/mineral owner. Council Member Pierce stated he would not support the motion because he wanted to vote on each category and each citizen. AMENDMENT Motion by Peterson, second by LeGare, to amend the motion to vote on the citizen category by slate and the industry and surface/mineral owner by nomination. Voting Nay: Mayor Hogan, Berzins, Cleland, Lawson, LeGare, Mounier, Peterson, Pierce Motion by Cleland, second by Peterson, to accept John Dougherty, Susan McClain, Paulette Page, Joshua Riddell and Nicole Johnson by slate for citizen members. Voting Nay: Mayor Hogan, Berzins, Cleland, LeGare, Mounier, Peterson, Richardson Lawson, Pierce, Roth Council Member Pierce nominated James Rogers as an industry appointee. Council Member LeGare nominated Maxwell Blair as an industry appointee. Mayor Pro Tem Peterson nominated Gregory Guyer as an industry appointee. Council Member Berzins nominated Phillip Holmes as an industry appointee.

10 Page 10 Motion by LeGare, second by Pierce, to appoint Maxwell Blair, Gregory Guyer and James Rogers as the industry members. Motion by Richardson, second by Roth, to appoint Mark Cooper, Chad Polak and Bruce Rau as the surface/mineral owner members. 16. REPORTS a. Report by the Mayor Mayor Hogan discussed the recent celebration involving Buckley Air Force Base and the purchase of land for a compatible use buffer project and the annual employee award event where City employees were recognized for years of service, noting there were several employees who were recognized for working for the City for 40 years. b. Reports by the Council Council Member Richardson noted he would ask the City Manager to provide him with a report on the Regatta Plaza status so that he could share it with the neighborhood and keep them informed. Council Member Berzins announced the joint Wards I and III meeting scheduled for Thursday, March 17, 2016 at the Tin Cup restaurant at Aurora Hills Golf Course at 7:15 a.m. where Aurora Water representatives would be present to answer questions. Council Member Cleland announced the passing of former City employee Diane Lehman, noting she would be missed. Council Member Roth announced the Ward V Town Hall meeting was scheduled for Tuesday, March 15, 2016 at Shalom Cares at 6:00 p.m. where the primary presenters would be the Aurora Economic Development Council and the Fitzsimons Redevelopment Authority. He noted three of the four basketball teams who made it to the 5A boys state championship semi-finals and finals were Aurora high schools and he recognized Overland High School for winning it all. He stated Neil Devlin, Aurora Prep Sports, wrote a great article about the state of high school sports in Aurora. Mayor Hogan noted Overland High School won the title two years in a row. 17. PUBLIC INVITED TO BE HEARD None 18. ADJOURNMENT Mayor Hogan adjourned the regular meeting of City Council at 11:00 p.m.

11 Page 11 STEPHEN D. HOGAN, Mayor ATTEST: JANICE NAPPER, City Clerk