CALL TO ORDER REGULAR MEETING

Transcription

1 MINUTES Regular Meeting Aurora City Council Monday, May 9, 2016 CALL TO ORDER REGULAR MEETING Mayor Hogan convened the regular meeting of City Council at 4:30 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, Pierce, Bergan, Peterson 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 Roth, second by Pierce, to recess for executive session. Mayor Hogan, Berzins, Cleland, Lawson, LeGare, Mounier, Pierce, Richardson, Roth The executive session was recorded pursuant to the requirements of state law. 1. RECONVENE REGULAR MEETING OF MAY 9, 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 Chaplain Andrew Wasmundt APD Chaplain Landmark Tabernacle 4. PLEDGE OF ALLEGIANCE TO THE FLAG (all standing) 5. APPROVAL OF THE MINUTES OF THE MEETING OF APRIL 18, 2016 Motion by Roth, second by Lawson, to approve the minutes of April 18, 2016 as presented.

2 Page 2 6. CEREMONY a. Proclamation declaring May 2016 as Asian Pacific American Heritage Month Mayor Hogan Mayor Hogan invited Misganaw Tessama, Chairman, International Cross Cultural Network of Aurora (ICCNA,); Sum Nguyen, Aurora Asian Pacific Community Partnership; Chance Horiuchi, Co-Chair Aurora Asian Pacific Community Partnership; Alice Moy ICCNA, and Andrea Amonick, Co-Chair Aurora Asian Pacific Community Partnership, to come forward to accept the proclamation. Mayor Hogan read the proclamation declaring May 2016 as Asian Pacific American Heritage Month. Each guest expressed appreciation for the proclamation. b. Proclamation declaring May 2016 as Mental Health Month Mayor Hogan Mayor Hogan invited Sara Jarrett, Aurora Mental Health Center board member; Kevin Waters, Aurora Mental Health Center board member; Larry Davila, Aurora Mental Health Center board member; Gigi De Gala, Aurora Mental Health Center board member; Randy Stith, Executive Director, Aurora Mental Health Center; Harrison Cochran, President, Aurora Mental Health Center; Tim Huffman, Aurora Mental Health Center board member; Barbara Shannon- Bannister, Aurora Mental Health Center board member and Marsha Berzins, Council Member Ward III, Aurora Mental Health Center board member, to come forward to accept the proclamation. Mayor Hogan read the proclamation declaring May 2016 as Mental Health Month. Each guest expressed appreciation for the proclamation. Mayor Hogan recognized Jonathan Dye from Boy Scout Troop # PUBLIC INVITED TO BE HEARD (non-agenda related issues only) Bridgette Hamilton, Aurora, Colorado, discussed an incident that occurred at the library that resulted in the receipt of a trespass notice. She requested help in having the trespass notice nullified. Mayor Hogan asked Nancy Freed, Deputy City Manager, to speak with Ms. Hamilton in this regard. 8. ADOPTION OF THE AGENDA The agenda was adopted as presented with item 12b deferred to the May 16, 2016 City Council meeting. 9. CONSENT CALENDAR - 9a-p General Business a. Consideration to AMEND AN OPENLY SOLICITED CONTRACT with Barker Rinker Seacat Architecture, Denver, Colorado in the not-to-exceed amount of $50, for additional Phase 2 architectural and engineering design services associated with the City of Aurora s Public Safety Training Center, R STAFF SOURCE: Tom McMinimee, Streets Operations Manager, Public Works b. Consideration to AWARD A COMPETITIVELY BID CONTRACT to A-1 Chipseal Co., Denver, Colorado in the amount of $3,095, for the 2016 Surface Treatment Program, Project Number STAFF SOURCE: Chris Carnahan, Manager of Public Works Operations, Public Works c. Consideration to AWARD A COMPETITIVELY BID CONTRACT to Brannan Sand and Gravel Co., LLC, Denver, Colorado in the amount of $9,564, for the 2016 Overlay Program, Project Number STAFF SOURCE: Chris Carnahan, Manager of Public Works Operations, Public Works

3 Page 3 d. Consideration to EXTEND A COMPETITIVELY BID CONTRACT with Colorado Designscapes, Inc., Centennial, Colorado in the not-to-exceed amount of $125, for asphalt and concrete hauling services. (B-4058) STAFF SOURCE: Chris Carnahan, Manager of Public Works Operations, Public Works e. Consideration to AWARD A COMPETITIVELY BID CONTRACT to Concrete Express, Inc., Denver, Colorado in the amount of $179, for construction of the Oakland & Paris Intersection Drainage Improvements Project, Project Number 5506A. STAFF SOURCE: Steven Fiori, Project Delivery Services Manager, Aurora Water f. Consideration to AMEND A SINGLE SOURCE CONTRACT with Black & Veatch Corporation, Denver, Colorado in the amount of $220, for providing construction phase engineering support services for the Aurora Hills Pump Station Improvements Project. STAFF SOURCE: Steven Fiori, Project Delivery Services Manager, Aurora Water Motion by Cleland, second by Peterson, to approve items 9a 9f. g. Consideration to AWARD A COMPETITIVELY BID CONTRACT to Coblaco Services, Inc., Aurora, Colorado in the amount of $93, for the Spinney Mountain Dam Outlet Works Painting Project, Project Number 5507A. STAFF SOURCE: Steven Fiori, Project Delivery Services Manager, Aurora Water Council Member Roth expressed concerns regarding the large disparity between the bids, noting he would keep a close eye on the process. Motion by Roth, second by Richardson, to approve item 9g. h. Consideration to AWARD CHANGE ORDER NUMBER ONE TO A COMPETITIVELY BID CONTRACT with Insituform Technologies, LLC, Chesterfield, Missouri in the amount of $57, for additional construction services to complete the 54-Inch Cured-In- Place Pipe 6th Avenue at Vaughn Street Project. STAFF SOURCE: Steven Fiori, Project Delivery Services Manager, Aurora Water i. Consideration to AWARD A SOLE SOURCE CONTRACT to GE Intelligent Platforms Inc., Pittsburgh, Pennsylvania in the total amount of $66, for annual renewal of software maintenance on the Water SCADA Information Management System through June STAFF SOURCE: Steven Sciba, Manager Water Service Operations, Aurora Water j. Consideration to AWARD A SOLE SOURCE CONTRACT to Cummins Rocky Mountain LLC, Henderson, CO in the not to exceed amount of $87, for annual routine and emergency maintenance on the emergency generators at Water facilities through April STAFF SOURCE: Dan Mikesell, Deputy Director of Operations and Water Quality and Environmental Programs, Aurora Water k. Consideration to AWARD A SINGLE SOURCE CONTRACT to Waste Management of Colorado, Incorporated, Englewood, Colorado in the not-to-exceed amount of $274, for landfill services through May 31, STAFF SOURCE: Dan Mikesell, Deputy Director of Operations and Water Quality and Environmental Programs, Aurora Water

4 Page 4 l. Consideration to EXTEND A COMPETITIVELY BID CONTRACT with Colorado Designscapes, Inc., Centennial, Colorado in the not-to-exceed amount of $85, for mud and debris hauling services. (B-4064) STAFF SOURCE: Dan Mikesell, Deputy Director of Operations and Water Quality and Environmental Programs, Aurora Water m. Consideration to AWARD A COMPETITIVELY BID CONTRACT to Cabot Norit Americas, Inc., Marshall, Texas in the amount of $229, for the purchase of granular activated carbon water treatment media for the Binney Water Purification Facility (Invitation for Bid B-4169). STAFF SOURCE: Bobby Oligo, Manager of Water Treatment, Aurora Water n. Consideration to AWARD AN OPENLY SOLICITED CONTRACT to Stone Security LLC, Salt Lake City, Utah in the total amount of $107, to purchase and install security cameras for the Aurora Municipal Center. (R-1745) STAFF SOURCE: Aleta Jeffress, Director, Information Technology o. Consideration to AWARD A COMPETITIVELY BID CONTRACT to Revolution Foods, Commerce City, Colorado in the amount of $57, for providing food vendor services for the Summer Food Program, B STAFF SOURCE: Byron Fanning, Manager of Recreation Services, Parks, Recreation & Open Space Motion by Cleland, second by Peterson, to approve items 9h 9o. Final Ordinances p Consideration for ADOPTION OF AN ORDINANCE of the City Council of the City of Aurora, Colorado, rezoning 9.0 acres of land from B-2 (Central Business District), B-4 (Business and Commercial District) and R-4 (High Density Multi-Family Residential District) to SIR (Sustainable Infill and Redevelopment District) and amending the zoning map accordingly. (Century Square Rezoning) STAFF SOURCE: Sarah Wieder, Planner I, Planning & Development Services Motion by Mounier, second by Berzins, to approve item 9p. Council Member Cleland expressed concerns regarding the SIR zoning because it was being removed from the City code through the zoning code updates and she wanted to be sure the applicant would not have any problems as a result. Sarah Wieder, Planner I, Planning & Development Services, confirmed the applicant was aware of the zoning updates. Council Member Cleland stated that would not be a problem as the applicant moved forward with developing the property. Ms. Wieder concurred, noting there would be an Original Aurora zoning district designed specifically for this type of development. Council Member Cleland stated her concern that SIR zoning would be removed from City zoning and she wanted to make sure that the existing rules that applied on the property currently remained on the property moving forward. Skip Noe, City Manager, stated the zoning would remain in place until it was rezoned by City Council.

5 Page 5 Mindy Parnes, Planning Supervisor, stated her assurance that the property had the same mixed uses available moving forward. 10. RESOLUTIONS a. R Colorado, approving the Intergovernmental Agreement between the City of Aurora, acting by and through its Utility Enterprise, and the City and County of Denver, acting by and through its Board of Water Commissioners, regarding the Strontia Springs Dam Emergency Reservoir Drainage System Rehabilitation project. STAFF SOURCE: Bobby Oligo, Manager of Water Treatment, Aurora Water Motion by LeGare, second by Pierce, to approve item 10a. b. R Colorado, for an Amendment to the Collection Agreement between the City of Aurora, acting by and through its Utility Enterprise and the USDA Forest Service, Pike and San Isabel National Forests, Cimarron and Comanche National Grasslands (PSICC). STAFF SOURCE: Sean Lieske, Environmental Permitting Manager, Aurora Water Motion by Roth, second by Peterson, to approve item 10b. c. R Colorado, approving the Memorandum of Understanding between the City of Aurora, Colorado, by and through its Utility Enterprise, and the Colorado State Forest service regarding forest management watershed health. STAFF SOURCE: Sean Lieske, Environmental Permitting Manager, Aurora Water Motion by Roth, second by Peterson, to approve item 10c. d. R Colorado, approving the agreement between the City of Aurora, Colorado, acting by and through its utility enterprise, and the Board of County Commissioners of Adams County, Colorado, regarding water service for the Front Range airport. STAFF SOURCE: Kelley Neumann, Deputy Director Water Planning/Engineering, Aurora Water Motion by Peterson, second by Lawson, to approve item 10d.

6 Page 6 e. R Colorado, approving an Intergovernmental Agreement between the City of Aurora, acting by and through its Utility Enterprise, and Colorado Mountain Junior College District, acting by and through its Leadville Campus, Natural Resources Management Program regarding the Rocky Mountain Fen Research Project Team. STAFF SOURCE: Gerald Knapp, Regional River Basin Program Manager, Aurora Water Motion by Roth, second by Richardson, to approve item 10e. f. R Colorado, approving a New Job Reward Agreement between the City of Aurora and FALCK Rocky Mountain. STAFF SOURCE: Melissa Rogers, Senior Development Project Manager, Planning & Development Services Motion by Berzins, second by Mounier, to approve item 10f. g. R Colorado, approving the option Exercise and Purchase and Sale Agreement between the City and Hartsel Springs Ranch of Colorado, Inc., concerning Wild Horse Reservoir. STAFF SOURCE: Lisa Darling, Regional River Basin Program Manager, Aurora Water Motion by Peterson, second by Pierce, to approve item 10g. Council Member Lawson asked if the inholding lots in question would increase the amount per acre once they have been determined. Lisa Darling, Regional River Basin Program Manager, Aurora Water, answered no, noting the purchase price would remain the same and the number of acres would increase. Council Member LeGare referenced page 279, storage options, noting no construction costs were equated with the 100 acre feet of storage. He asked what the applicant would be required to pay if they chose the additional 400 acre feet of storage. Ms. Darling stated the applicant would be required to pay for construction costs if they exercised their right for the additional 400 acre feet of storage, noting this was in addition to operations and maintenance costs for the entire 500 acre feet of storage. Council Member LeGare stated operations and maintenance would be on the entire 500 acre feet. Ms. Darling stated the developer did not have to exercise the entirety of the full 400. Council Member LeGare stated the reimbursement of the actual cost of construction was either 400 or not at all. Ms. Darling stated it was on any portion above 100 up to 400. Council Member LeGare stated there was no construction cost if the developer took only the 100 acre feet.

7 Page 7 Ms. Darling concurred. Council Member Roth stated this was one of the ongoing endeavors that the Water Department was doing to get ahead of the curve with regards to what was needed for rate payers, noting this was an important project to move forward. 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 East 14th Avenue, City of Aurora, County of Arapahoe, State of Colorado, from PD-MF (Planned Development District, Multi-Family Subarea) to FBAD 1 (Fitzsimons Boundary area District, Subarea 1) and amending the zoning map accordingly (12245 E 14th Ave Rezone) STAFF SOURCE: Stephanie Stevens, Planner II, Planning & Development Services Mayor Hogan opened the public hearing on the item. Stephanie Stevens, Planner II, Planning & Development Services, provided a summary of the item, noting the applicant proposed to rezone from property from PD-MF (Planned Development District, Multi-Family Subarea) to FBAD 1 (Fitzsimons Boundary area District, Subarea 1). She stated doing so would facilitate the redevelopment of the site, provide cohesive zoning and further incentivize the removal of blight conditions. Marcus Pachner, representing Cedar Crest Condos, provided a presentation on the item. Max Bresner, adjacent property owner, stated his support of the item. Council Member LeGare discussed the assessor records, noting his hope that reinvestment would occur however it appeared this was just beneficial zoning for both the north property owners and Cedar Crest in the long run. Mr. Pachner concurred. Council Member LeGare asked if there was a possibility that the applicant would work with the association to enhance their circulation. Mr. Pachner answered affirmatively. Council Member LeGare agreed it was beneficial to both owners. Mayor Hogan closed the public hearing on the item. Council Member Cleland stated she was related to Mr. Pacher and asked if there were any ethical concerns with her vote. Mike Hyman, City Attorney, stated the charter required every member present to vote on ordinances unless the member was excused, noting any member that has a personal or private interest shall disclose the information and would refrain from voting. He asked Council Member Cleland if she had a personal or financial interest in the project. Council Member Cleland answered no. Mr. Hyman stated the decision to vote could then be left to Council Member Cleland s own conscience. Motion by LeGare, second by Mounier, to approve item 11a.

8 Page 8 b Public Hearing and Consideration for INTRODUCTION OF AN ORDINANCE of the City Council of the City of Aurora, Colorado, rezoning the Northwest corner of Colfax Avenue and Airport Boulevard, City of Aurora, County of Adams, State of Colorado, from R-A (Residential Agricultural District) to B-4 (Business and Commercial District) and SIR (Sustainable Infill and Redevelopment District) amending the zoning map accordingly. (Trolley Park) STAFF SOURCE: Sarah Wieder, Planner I, Planning & Development Services Mayor Hogan opened the public hearing on the item. Sarah Wieder, Planner I, Planning & Development Services, provided a brief summary of the item, noting the applicant proposes the rezoning of property from R-A (Residential Agricultural District) to B-4 (Business and Commercial District) and SIR (Sustainable Infill and Redevelopment District). She stated doing so would facilitate the development of Trolley Park. Council Member Pierce suggested the name of this project be reviewed in order to avoid any confusion with the other Trolley Park located in Ward I. Ms. Wieder stated the historical trolley car currently displayed at the Aurora History Museum was found on the site and donated by the applicant who was attempting to incorporate some of that history into the master plan design. Todd Wilson, representing the applicant, gave a presentation of the item. Ken Merritt, representing the applicant, continued the presentation of the item. Duane Senn, President, Laredo Highline Neighborhood Association, spoke in support of the item. Mayor Pro Tem Peterson stated her support of the item. Mayor Hogan closed the public hearing on the item Council Member Cleland stated her support of changing the name of the project to Trolley Station in order to avoid any confusion. Motion by Cleland, second by Peterson, to approve item 11b. 12. ORDINANCES FOR INTRODUCTION a Consideration for INTRODUCTION OF AN ORDINANCE of the City Council of the City of Aurora, Colorado, appropriating sums of money in addition to those appropriated in Ordinance Nos , , and for the 2015 fiscal year and Ordinance No for the 2016 fiscal year. STAFF SOURCE: Jackie Ehmann, Budget/Finance Program Manager, Finance Motion by LeGare, second by Peterson, to introduce item 12a. Council Member Cleland asked staff for clarification regarding page 18, attachment C, under Neighborhood Services, as it related to lapsed appropriations.

9 Page 9 Jackie Ehmann, Budget/Finance Program Manager, Finance, did so, noting the budget was being adjusted to match with the community development items as it related to actual revenue as opposed to projected revenue. Council Member Cleland asked Ms. Ehmann to speak to the $183k in neighborhood stabilization funds. Ms. Ehmann did so, noting the projection was too high and staff brought the budget down to the actual amount received. Council Member Cleland asked if the City would get money back for those neighborhood stabilization projections (NSP). Jason Batchelor, Deputy City Manager, noted less program income came in but less was spent. Council Member Richardson discussed the challenge of the budgeting process, stating his preference that staff over budget liability and workman s comp rather than have a supplemental budget of over $1M. Renee Pettinato Mosley, Risk Manager, stated staff was working on finding the numbers to determine what was feasible given next year s budget constraints. Voting Nay: Berzins, Cleland, Lawson, LeGare, Mounier, Peterson, Pierce, Roth Richardson b Consideration for INTRODUCTION OF AN ORDINANCE of the City Council of the City of Aurora, Colorado, for an ordinance of the City Council of the City of Aurora, Colorado, amending Chapters 6, 22, 86 and 146 of the City Code related to updating the marijuana code. (Staff request Waiver of Reconsideration) STAFF SOURCE: Robin Peterson, Manager Marijuana Enforcement Division, Finance Motion by LeGare, second by Richardson, to defer item 12b to the May 16, 2016 City Council meeting. 13. ANNEXATIONS a. R 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 northeast quarter of Section 12, Township 5 South, Range 67 West of the 6th Principal Meridian, County of Arapahoe, State of Colorado (Parker Quincy) acres. STAFF SOURCE: Vinessa Irvin, Manager Office of Development Assistance, General Management Mayor Hogan opened the public hearing on the item. Vinessa Irvin, Manager Office of Development Assistance, General Management, provided a brief summary of the item of petition of annexation. Charlie Smith, representing the applicant, stated he was available to answer questions. Council Member Lawson asked what type of businesses were proposed for this location. Mr. Smith discussed the range of commercial uses and small retail location proposed for the site. Council Member Mounier asked what the use was currently on the property. Dan Skeehan, representing the applicant, stated it was primarily used as a used car lot.

10 Page 10 Motion by LeGare, second by Roth, to approve item 13a. b Consideration for INTRODUCTION OF AN ORDINANCE of the City Council of the City of Aurora, Colorado, annexing a Parcel of land located in the Northeast Quarter of Section 12, Township 5 South, Range 67 west of the 6th Principal Meridian, county of Arapahoe, State of Colorado (Parker Quincy) acres. STAFF SOURCE: Vinessa Irvin, Manager Office of Development Assistance, General Management Motion by Roth, second by Pierce, to introduce item 13b. c Public Hearing and Consideration for INTRODUCTION OF AN ORDINANCE of the City Council of the City of Aurora, Colorado, zoning 4301 S Parker Road, City of Aurora, County of Arapahoe, State of Colorado, to B-3 Highway Service District, and amending the zoning map accordingly. (Parker & Quincy) STAFF SOURCE: Steven Ingoldsby, Planner II, Planning & Development Services Motion by LeGare, second by Lawson, to continue item 13c to the May 16, 2016 City Council meeting. Council Member Richardson asked why the item was being postponed. Vinessa Irvin, Manager Office of Development Assistance, General Management, stated it was related to the posting of the property. 14. RECONSIDERATIONS AND CALL-UPS None 15. GENERAL BUSINESS a. Consideration of the appointment of two (2) persons to the Citizens Advisory Committee on Housing and Community Development. STAFF SOURCE: Karen Goldman, Deputy City Clerk, General Management Mayor Pro Tem Peterson nominated Nicholas Onysczak and Michael Thomas. Council Member Pierce nominated Crystal Murillo. Motion by LeGare, second by Pierce, to appoint Michael Thomas and Crystal Murillo to the Citizens Advisory Committee on Housing and Community Development. b. Consideration of the appointment of one (1) person to the Parks and Recreation Board. STAFF SOURCE: Karen Goldman, Deputy City Clerk, General Management Council Member Pierce nominated Shannon Crouthers.

11 Page 11 Council Member Berzins nominated Jenny Parra. Motion by Pierce, second by Cleland, to reappoint Shannon Crouthers to the Parks and Recreation Board. c. Consideration of the appointment of three (3) persons to the Open Space Board. STAFF SOURCE: Karen Goldman, Deputy City Clerk, General Management Council Member LeGare nominated Dala Giffin. Council Member Roth nominated George Bartling and Lee Lindholm. Motion by LeGare, second by Roth, to appoint Dala Giffin, George Bartley and Lee Lindholm to the Open Space Board. 16. REPORTS a. Report by the Mayor Mayor Hogan discussed his recent visit at Wheeling Elementary where the students were involved in a project to collect canned goods and necessary items for the Comitis Center and at the groundbreaking event for Brent s Place II. b. Reports by the Council Council Member Richardson expressed appreciation to Eric Husted of Mile High Developers for joining Next Door to respond to questions related to Regatta Plaza. Council Member Roth announced the Ward V Town Hall meeting scheduled for Tuesday, May 17, 2016 at Shalom Cares at 6:00 p.m. where Aurora Housing Authority and Aurora Animal Care division representatives would be present. Mayor Pro Tem Peterson discussed the success of the recent Bring Your Kids to Work Day. Council Member Pierce announced City water conservation measures began May 1 and continued through September 30. Council Member Berzins announced the Ward III meeting was scheduled for Wednesday, May 11, 2016 at the Aurora Chamber of Commerce office at 6:00 p.m. and the Wards I and III morning meeting was scheduled for Thursday, May 19, 2016 at the Aurora Golf Course Tin Cup restaurant at 7:15 a.m., noting the budget would be the topic of discussion at both meetings. Council Member Mounier announced the Say it to Sally meeting was scheduled for Saturday, May 14, 2016 at the Martin Luther King Library at 1:00 p.m. Council Member Lawson announced the next At-Large meeting was scheduled for Thursday, July 21, 2016 at the Martin Luther King library.

12 Page 12 Council Member Roth stated last week was City Clerk s Appreciation Day and when he visited the Clerk s office, he learned that City Clerks started in the 16th century and the reason that City Clerks read all of the items before Council votes was because historically at that time, clerks were the only officials that could read. 17. PUBLIC INVITED TO BE HEARD None 18. ADJOURNMENT Mayor Hogan adjourned the regular meeting of City Council at 9:13 p.m. ATTEST: STEPHEN D. HOGAN, Mayor JANICE NAPPER, City Clerk