CO - Aurora: Regular Meeting of the Aurora City Council

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Regular Meeting of the Aurora City Council

6/19/2019

NOTE: The City Council has a responsibility to advise its citizens of its meetings and the topics it proposes to discuss. The following agenda shows

the proposed format for tonight's set of meetings. The first meeting is held for the sole purpose of determining whether Council will adjourn into executive session, a non-public meeting, at which only permissible topics can be discussed. After this decision is made, Council will adjourn its regular Council meeting until 7:30 p.m. Council will consider the business listed on the agendas below at the times indicated. In the event that a City Council meeting is cancelled, items from this agenda may be postponed to the next City Council meeting or a future City Council meeting. You may contact the City Clerk s Office for further details or visit our web site at www.auroragov.org.
Tagged Passions:business and events

AGENDA City of Aurora, Colorado MONDAY, JUNE 24, 2019

REGULAR MEETING OF THE AURORA CITY COUNCIL (Open to the Public)

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5th Floor Mt. Elbert Room 4:30 p.m.

CALL TO ORDER: Mayor, Bob LeGare

ROLL CALL: Stephen Ruger, City Clerk

ANNOUNCEMENT OF PROPOSED EXECUTIVE SESSION TOPICS: Stephen Ruger, City Clerk for Mayor, Bob LeGare

(Matters subject to consideration in Executive Session per Section 24-6-402(4) C.R.S.)

CONSIDERATION TO RECESS FOR EXECUTIVE SESSION:

EXECUTIVE SESSION (Closed to the Public)

5th Floor Mt. Elbert Room 4:30 p.m. 5:30p.m.

STUDY SESSION

(Open to the Public) 1st Floor Aurora Room 5:30 p.m. - 7:10 p.m.

REGULAR MEETING OF THE AURORA CITY COUNCIL

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(Open to the Public) Reconvene at 7:30 p.m. - Council Chambers

REGULAR MEETING OF THE BOARD OF DIRECTORS OF GENERAL IMPROVEMENT

DISTRICT NO. 2-2011 AURORA CONFERENCE CENTER

(Open to the Public)

To be held concurrently with the Regular Meeting of the Aurora City Council for the purpose of considering Item 12d

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Full agendas available in the City Clerk's Office or at www.auroragov.org.

CITY OF AURORA ACCESSIBILITY STATEMENT: The Aurora Municipal Center is wheelchair accessible with entry ramps and handicapped parking located on the

west and east side of the building and on all levels of the parking garage. Ramp access from the parking garage is located on the Ground Floor and the 4th level of the garage. If you are a person with a disability requiring other assistance, you must make your request for such assistance known by NOON, on the FRIDAY PRECEDING the Monday meeting by contacting the City Clerk s Office at 303- 739-7094. If you are in need of an interpreter, please contact the Office of International and Immigrant Affairs at 303-739-7521 by the FRIDAY PRECEDING the Monday meeting. (Si necesita un int rprete, comun quese con la oficina de asuntos internacionales e inmigrantes en 303-739-7521 por el viernes anterior a la reuni n del lunes.)
Tagged Passions:disability, Immigration, and parking

June 24, 2019 Council Meeting, Page 1

6/19/2019

AGENDA

City Council Executive Session (5th Floor Mt. Elbert Room - Closed to the Public)

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Monday, June 24, 2019 4:30 p.m.

ROLL CALL

MOTION TO ENTER INTO EXECUTIVE SESSION

1. Incentive negotiations Yuriy Gorlov, Vice President 45 min. Aurora Economic Development Council

Tagged Passions:council, economic development, development, Development, and incentive

2. Litigation Update Nancy Rodgers 15 min.

Tagged Passions:legal

Note: Matters subject to consideration in Executive Session may include the following:

a. Property Transactions, to wit: The purchase, acquisition, lease, transfer, or sale of any real,

Tagged Passions:leasing, sale, purchasing, and property

personal, or other property interest; except for the purpose of concealing the fact that a member

Tagged Passions:property

of the [City Council] has a personal interest in such purchase, acquisition, lease, transfer, or sale. C.R.S. 24-6-402(4)(a).

Tagged Passions:council, leasing, sale, and purchasing

b. Legal Advice, to wit: Conferences with an attorney for the [City Council] for the purposes of

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receiving legal advice on specific legal questions. C.R.S. 24-6-402(4)(b).

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c. Confidential Matters, to wit: Matters required to be kept confidential by a federal or state law,

rule, or regulation. The specific statute or rule or regulation that is the basis for such confidentiality must be cited prior to the executive

session. C.R.S. 24-6-402(4)(c).
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d. Security Issues, to wit: Specialized details of security arrangements or investigations. C.R.S.

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24-6-402(d).

e. Negotiations, to wit: Determining positions relative to matters that may be subject to

negotiations; developing strategy for negotiations; and instructing negotiators. C.R.S. 24-6- 402(e).

Tagged Passions:strategic

f. Personnel Matters (except if the employee who is the subject of the session has requested an

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open meeting, or, if the personnel matter involves more than one employee, all of the employees have requested an open meeting). C.R.S.

24-6-402(4)(f).
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g. Confidential Documents, to wit: Consideration of any documents protected by the mandatory

nondisclosure provisions of the Open Records Act. C.R.S. 24-6-402(4)(g).

***********************************************************************************************************

As the Mayor (or Mayor Pro Tem) of the City of Aurora, Colorado, and the Chair of this Regular Meeting of the Aurora City Council, I hereby certify

that the discussion which took place in this executive session was limited to the topic or topics that are set forth hereinabove.
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_____________________________ ________________________ Bob LeGare, Mayor Date

As the City Attorney (or Deputy City Attorney) of the City of Aurora I was in attendance at this executive session, and it is my opinion that those

portions of the discussion which were not recorded, if any, constitute privileged attorney-client communications under applicable law.
Tagged Passions:legal, communications, and Communications

_____________________________ ________________________ City Attorney Date

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June 24, 2019 Council Meeting, Page 2

6/19/2019

AGENDA

City Council Study Session (1st Floor Aurora Room) Monday, June 24, 2019

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5:30 p.m.

1. ITEMS FROM THE MAYOR

a. Executive Session Update

b. Mayor s Update

c. Issue Update

2. CONSENT CALENDAR (The following items require formal action)

a. Liquor Code Updates Management and Finance Policy Committee Staff Source: Trevor Vaughn, Manager of Tax and Licensing

Tagged Passions:alcohol, finance, taxes, Taxes, manager, and policy

b. Elimination of Going out of Business License Requirement Management and Finance

Tagged Passions:business, finance, license, and business license

Policy Committee Staff Source: Trevor Vaughn, Manager of Tax and Licensing

Tagged Passions:taxes, Taxes, manager, and policy

c. Lodgers Tax Code Correction and Technical Adjustment Management and Finance

Tagged Passions:finance, taxes, and Taxes

Policy Committee Staff Source: Trevor Vaughn, Manager of Tax and Licensing

Tagged Passions:taxes, Taxes, manager, and policy

d. Remove Cigarette Sales Tax Exemption Management and Finance Policy Committee Staff Source: Trevor Vaughn, Manager of Tax and Licensing

Tagged Passions:finance, sale, taxes, Taxes, manager, policy, and tobacco

3. ITEMS FROM THE POLICY COMMITTEES (The following items require formal action)

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a. Code of Ethics (Deferred from the May 20, 2019 Council Meeting) (10/20) Sponsor: Council Member Richardson, Council Member Johnston

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4. ITEMS FROM THE MANAGER (The following item requires No formal action)

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a. Aerotropolis Regional Transportation Authority (ARTA) Update (5) Presenter: Jason Batchelor, Deputy City Manager

Tagged Passions:transportation, administrator, and manager

5. ITEMS FROM THE CITY COUNCIL

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a. Colorado Municipal League (CML)/National League of Cities (NLC) Mayor Pro Tem Roth

b. Legislative Update Council Member Richardson

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c. Denver Regional Council of Governments (DRCOG) Mayor Pro Tem Roth

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d. Fitzsimons Redevelopment Authority (FRA) Update Mayor LeGare

e. E-470 Update Council Member Bergan

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f. Aurora Economic Development Council (AEDC) Update Council Member Berzins

Tagged Passions:council, economic development, development, and Development

June 24, 2019 Council Meeting, Page 3

6/19/2019

g. Accelerate Colorado Council Member Berzins

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h. Visit Aurora Council Member Richardson

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i. Aurora Sister Cities Council Member Gruber

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CALL-UPS OF COUNCIL POLICY COMMITTEE ITEMS

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MISCELLANEOUS ITEMS

ITEMS REMOVED FROM THE AGENDA, IF ANY

POLICY COMMITTEE MINUTES

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June 24, 2019 Council Meeting, Page 4

6/19/2019

The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present. The Mayor

Pro-Tem is always permitted to vote on all items.
Tagged Passions:ordinance and council

AGENDA

Regular Meeting of the Aurora City Council City Council Chambers Monday, June 24, 2019

7:30 p.m.

NOTE: Interested citizens wishing to address City Council should complete a SPEAKER SLIP and present it to the City Clerk stationed near the Council

dais. Speaker Slips are located on the table by the Council Chambers entrance. Speakers on items not related to the agenda are allowed three minutes to speak. Council does not engage in discussion during this time.

1. RECONVENE REGULAR MEETING OF JUNE 24, 2019 AND CALL TO ORDER

2. ROLL CALL Stephen Ruger, City Clerk

3. INVOCATION Pastor Phil Eubank, Eastern Hills Community Church

Tagged Passions:church

4. PLEDGE OF ALLEGIANCE TO THE FLAG (all standing)

5. APPROVAL OF THE MINUTES OF THE MEETING OF JUNE 3, 2019

6. CEREMONY

Proclamation declaring June 2019 Firefighter Cancer Prevention and Awareness Month Mayor LeGare

Tagged Passions:recognition and fire departments and districts

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

8. ADOPTION OF THE AGENDA

9. CONSENT CALENDAR - 9a-i

General Business

Tagged Passions:business

a. Consideration to APPROVE THE PURCHASE of 19 shares of the Western Mutual Ditch

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Company Stock and 44 acres of land, from Eckhardt Farms Inc, for 2,375,000.00, by the City of Aurora, acting by and through its Utility Enterprise.

STAFF SOURCE: Dawn Jewell, South Platte Basin Supervisor, Aurora Water
Tagged Passions:agriculture, utility, Utility, and water

b. Consideration to AWARD A SINGLE SOURCE CONTRACT to Waste Management of

Tagged Passions:contract

Colorado, Incorporated, Englewood, Colorado in the not-to-exceed amount of 312,500.00 for landfill services at the Denver Arapahoe Disposal Site

(DADS) through June 30, 2020. STAFF SOURCE: Steven Sciba, Deputy Director of Operations, Aurora Water
Tagged Passions:landfill, utility, solid waste, Utility, services, and water

c. Consideration to EXTEND A COMPETITIVELY BID CONTRACT to Airgas USA, LLC

Tagged Passions:rfp, RFP, and contract

Denver, Colorado in the not-to-exceed amount of 55,000.00 for the purchase of the chemical Liquid Carbon Dioxide for use at the Binney Water

Purification Facility. (B- 4431) STAFF SOURCE: Bobby Oligo, Manager of Water Treatment, Aurora Water
Tagged Passions:facility, utility, Utility, water, purchasing, and manager

d. Consideration to AWARD A SOLE SOURCE CONTRACT to Environmental Systems

Tagged Passions:contract and environment

Research Inc. (ESRI), Redlands, California in the amount of 93,605.96 for annual maintenance of the City s geographical mapping software system

through July 12, 2020. STAFF SOURCE: Aleta Jeffress, Chief Information Digital Officer, Information Technology
Tagged Passions:Technology, technology, information technology, and Information Technology

June 24, 2019 Council Meeting, Page 5

June 24, 2019 City Council Agenda Page 2

6/19/2019

The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present. The Mayor

Pro-Tem is always permitted to vote on all items.
Tagged Passions:ordinance and council

e. Consideration to AWARD A COMPETITIVELY BID CONTRACT to BT Construction, Inc., Henderson, Colorado in the amount of 6,639,854.00 for the First

Creek Interceptor, Project No. 5655A. STAFF SOURCE: Steven Fiori, Project Delivery Services Manager, Aurora Water
Tagged Passions:rfp, RFP, construction, utility, Utility, contract, services, water, and manager

f. Consideration to AWARD WORK PACKAGE NOS. 2 3 of the Fitzsimons Peoria Stormwater Outfall, Project No. R-5623A, to BT Construction, Inc.,

Henderson, Colorado in the amount of 5,586,654.23. STAFF SOURCE: Steven Fiori, Project Delivery Services Manager, Aurora Water
Tagged Passions:construction, utility, Utility, services, water, manager, and stormwater

g. Consideration to EXTEND A COMPETITIVELY BID CONTRACT with Pavement Restoration, Inc., Tampa, Florida in the amount of 298,846.30 for the 2019

Reclamite Program, Project Number. 18009ASTAFF SOURCE: Thomas McMinimee, Street Operations Manager, Public Works
Tagged Passions:rfp, RFP, streets, contract, program, Public Works, public works, and manager

Final Ordinances

Tagged Passions:ordinance

h. 2019-27 Consideration of AN ORDINANCE FOR ADOPTION of the City Council of the City of Aurora, Colorado, rezoning 20.41 acres more or less in the

vicinity North of Colfax Avenue and East of Tollgate Creek from Mobile Home District (MH) and Residential- Agriculture District (RA) to Transit-Oriented Development District (TOD) and amending the zoning map accordingly. (POTOMAC VILLAGE REZONE) STAFF SOURCE: Stephen E. Rodriguez, Planning Supervisor, Planning Development Services
Tagged Passions:planning, ordinance, council, agriculture, development, zoning, services, and Development

i. 2019-28 Consideration of AN ORDINANCE FOR ADOPTION of the City Council of the City of Aurora, Colorado, to amend the Waterford Place General

Development Plan to permit additional duplex units and remove assisted living from the use list (Waterford Place GDP Amendment) (2225 S IOLA ST). STAFF SOURCE: Dan Osoba, Planner, Planning Development Services
Tagged Passions:planning, ordinance, council, development, services, and Development

10. RESOLUTIONS

a. Public Hearing and Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, authorizing the execution of the Oil

and Gas Operator Agreement between the City of Aurora, Colorado, and Elevation Midstream, LLC. (Staff Requests a Waiver of Reconsideration) STAFF SOURCE: Christine McKenney, Client Group Manager, City Attorney (Postponed until July 15th)
Tagged Passions:council, legal, Fossil Fuels - Oil, hearing, and manager

b. Public Hearing and Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, Authorizing the Execution of the Oil

and Gas Operator Agreement between the City of Aurora, Colorado, and Axis Exploration, LLC. A wholly owned subsidiary of Extraction Oil and Gas Inc. ( Extraction ) (Staff Requests a Waiver of Reconsideration) STAFF SOURCE: Christine McKenney, Client Group Manager, City Attorney (Postponed until July 15th)
Tagged Passions:council, legal, Fossil Fuels - Oil, hearing, and manager

June 24, 2019 Council Meeting, Page 6

June 24, 2019 City Council Agenda Page 3

6/19/2019 The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie

Tagged Passions:ordinance

vote of Council Members present. The Mayor Pro-Tem is always permitted to vote on all items.

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c. R2019-40 Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora,

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Colorado, approving an Intergovernmental Agreement between the City of Aurora and the State of Colorado acting by and through the Department of labor

and employment providing for the sharing of Department of Labor and Unemployment information to the Aurora Municipal Court for verification of financial information submitted to the Municipal Court. STAFF SOURCE: Dr. Zelda DeBoyes, Court Administrator/Detention, Court Administration
Tagged Passions:finance, legal, employment, administrator, intergovernmental, detention, and court

d. R2019-41 Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora,

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Colorado, approving the Intergovernmental Agreement between the City of Aurora, Colorado, Acting by and through its Utility Enterprise, and the

Fitzsimons Redevelopment Authority for funding of the Fitzsimons Peoria Stormwater Outfall Project Work Packages 2 and 3. STAFF SOURCE: Swirvine Nyirenda, Principal Engineer, Aurora Water
Tagged Passions:funding, utility, Utility, water, intergovernmental, and stormwater

e. R2019-42 Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora,

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Colorado, for the Intergovernmental Agreement between the City of Aurora, Arapahoe County and the South Aurora Regional Improvement Authority (SARIA)

Regarding Gun Club Road Improvements. STAFF SOURCE: Matthew Kozakowski, Acting Transportation Project Delivery Manager, Public Works
Tagged Passions:gun control, streets, transportation, Public Works, public works, manager, Gun Control, and intergovernmental

f. R2019-43 Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora,

Tagged Passions:council

Colorado, approving an Intergovernmental Agreement between the City of Aurora, Colorado, acting by and through its Utility Enterprise, and the Urban

Drainage and Flood Control District, regarding final design, right-of-way acquisition, and construction of drainage and flood control improvements for Sand Creek Baranmor Ditch at Zion Street and Billings Street. STAFF SOURCE: Sarah Young, Deputy Director Planning and Engineering, Aurora Water
Tagged Passions:planning, construction, streets, utility, Utility, water, flooding, intergovernmental, and stormwater

11. PUBLIC HEARING WITH RELATED ORDINANCE

Tagged Passions:ordinance and hearing

a. 2019-29 Public Hearing and Consideration of AN ORDINANCE FOR INTRODUCTION of the City

Tagged Passions:ordinance and hearing

Council of the City of Aurora, Colorado, rezoning .8554 acres more or less in the vicinity of Iliff Avenue and Oswego Street from Low Density

Single-Family Residential District (R1) to Retail Business District (B1) and amending the zoning map accordingly (ILIFF AND OSWEGO REZONE) STAFF SOURCE: Brandon Cammarata, Senior Planner, Planning Development Services
Tagged Passions:planning, business, council, development, zoning, services, and Development

12. ORDINANCES FOR INTRODUCTION

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a. 2019-30 Consideration of AN ORDINANCE FOR INTRODUCTION of the City Council of the City

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of Aurora, Colorado, amending Section 2-148 of the City Code pertaining to preservation of records to include mandatory direction on processing

requests under the Colorado Open Records Act. (Deferred for the June 10, 2019 Council Meeting) Sponsors: Council Members Lawson and Richardson
Tagged Passions:preservation

June 24, 2019 Council Meeting, Page 7

June 24, 2019 City Council Agenda Page 4

6/19/2019 The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie

Tagged Passions:ordinance

vote of Council Members present. The Mayor Pro-Tem is always permitted to vote on all items.

Tagged Passions:council

b. 2019-31 Consideration of AN ORDINANCE FOR INTRODUCTION of the City Council of the City

Tagged Passions:ordinance and council

of Aurora, Colorado, Amending Section 54-105 of the City Code Related to Requirements for Filing Campaign Reports. STAFF SOURCE: Stephen Ruger, City

Clerk, General Management

Sponsor: Council Member Johnston

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c. 2019-32 Consideration of AN ORDINANCE FOR INTRODUCTION of the City Council of the City

Tagged Passions:ordinance and council

of Aurora, Colorado, amending Chapters 6, 22, 86, 130 and 146 of the City Code related to the regulation and licensing of Retail Marijuana

Establishments and Businesses related to the Cultivation and Manufacturing of Medical Marijuana. STAFF SOURCE: Robin Peterson, Manager of Marijuana Enforcement, Finance
Tagged Passions:drugs, regulation, business, finance, marijuana, and manager

For purposes of considering the following item 12d, the City Council will be

Tagged Passions:council

acting ex officio as the Board of Directors of the General Improvement District Aurora Conference Center 2-2011

d. 2019-33 Consideration of AN ORDINANCE FOR INTRODUCTION of the City Council of the City

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of Aurora, Colorado, acting ex-officio as the Board of Directors of the Aurora Conference Center General Improvement District, ratifying, confirming

and authorizing the execution of an amendment to the GID Pledge Agreement between such general improvement district and Colorado International Center Metropolitan District No. 4. STAFF SOURCE: Terri Velasquez, Director, Finance
Tagged Passions:finance

13. RECONSIDERATIONS AND CALL-UPS

14. GENERAL BUSINESS

Tagged Passions:business

a. Consideration to reappoint two (2) members to the Parks and Recreation Board. STAFF SOURCE: Stephen Ruger, City Clerk, General Management

Tagged Passions:appointments, parks, and recreation

b. Consideration to appoint one (1) member to the Human Relations Commission as an

Tagged Passions:boards and commissions and appointments

adult alternate. STAFF SOURCE: Stephen Ruger, City Clerk, General Management

c. Consideration to appoint one member to the Judicial Performance Commission. STAFF SOURCE: Stephen Ruger, City Clerk, General Management

Tagged Passions:boards and commissions, appointments, and performance

d. Consideration to appoint one (1) person to the Aurora Commission for Seniors. STAFF SOURCE: Stephen Ruger, City Clerk, General Management

Tagged Passions:boards and commissions, appointments, and seniors

e. Consideration to appoint two (2) members to the Oil and Gas Advisory Committee. STAFF SOURCE: Stephen Ruger, City Clerk, General Management

Tagged Passions:appointments and Fossil Fuels - Oil

15. REPORTS

a. Report by the Mayor

b. Reports by the Council

Tagged Passions:council

16. PUBLIC INVITED TO BE HEARD

17. ADJOURNMENT

June 24, 2019 Council Meeting, Page 8

DRAFT

The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present. The Mayor

Pro-Tem is always permitted to vote on all items.
Tagged Passions:ordinance and council

MINUTES

Regular Meeting Aurora City Council

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Monday, June 3, 2019

1. RECONVENE REGULAR MEETING OF JUNE 3, 2019 AND CALL TO ORDER

Mayor LeGare reconvened the regular meeting of City Council at 7:30 p.m.

Tagged Passions:council

2. ROLL CALL Stephen Ruger, City Clerk

COUNCIL MEMBERS PRESENT: Mayor LeGare, Bergan, Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo, Richardson, Roth, Watson

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COUNCIL MEMBERS ABSENT: None

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3. INVOCATION Pastor Tom Tupito, Aurora First SDA

4. PLEDGE OF ALLEGIANCE TO THE FLAG (all standing)

5. APPROVAL OF THE MINUTES OF THE MEETING OF MAY 20, 2019

Motion by Johnston, second by Roth, to approve the minutes of the meeting of May 20, 2019, as amended.

CALL TO ORDER REGULAR MEETING

Mayor LeGare convened the regular meeting of City Council at 4:00 p.m.

Tagged Passions:council

ROLL CALL

PRESIDING: Mayor LeGare

COUNCIL MEMBERS PRESENT: Bergan, Berzins, Gruber, Hiltz, Johnston, Lawson Murillo, Richardson, Roth, Watson COUNCIL MEMBERS ABSENT: None OFFICIALS

PRESENT: City Manager Twombly, Interim City Attorney
Tagged Passions:council, legal, administrator, and manager

Brotzman, City Clerk Ruger COUNCIL MEMBERS ARRIVING AFTER ROLL CALL: None

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City Clerk Ruger announced the proposed items for discussion at executive session.

CONSIDERATION TO RECESS FOR EXECUTIVE SESSION

Motion by Watson, second by Berzins, to recess for executive session.

Voting Aye: Mayor LeGare, Bergan, Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo, Richardson, Roth, Watson

Tagged Passions:voting

Abstaining: None

The executive session was recorded pursuant to the requirements of state law.

June 24, 2019 Council Meeting, Page 9

June 3, 2019 Page 2

The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present. The Mayor

Pro-Tem is always permitted to vote on all items.
Tagged Passions:ordinance and council

Voting Aye: Mayor LeGare, Bergan, Berzins, Hiltz, Johnston, Lawson, Murillo, Richardson, Roth, Watson

Tagged Passions:voting

Abstaining: Gruber

6. CEREMONY

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

Tagged Passions:legal, boards and commissions, appointments, and judge

Shawn Day

Judge Shawn Day administered the oath of office to the newly appointed board and commission members. City Council congratulated the members and

thanked them for their service to Aurora.
Tagged Passions:council, legal, boards and commissions, appointments, and judge

Name Board or Commission

Tagged Passions:boards and commissions

Steven Gallegos Career Service Commission Brad Stratton Open Space Board Nadine Caldwell Metro Wastewater Dan Mikesell Metro Wastewater Jo Ann

Giddings Metro Wastewater
Tagged Passions:sewer, boards and commissions, and Public Transit

b. Proclamation declaring June 2019 Immigrant Heritage Month Mayor LeGare

Tagged Passions:recognition and Immigration

Mayor LeGare invited everyone involved with the proclamation to come forward. Mayor

Tagged Passions:recognition

LeGare read the proclamation declaring June 2019 Immigrant Heritage Month. Everyone expressed appreciation for the proclamation.

Tagged Passions:recognition and Immigration

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

Brandon Golston discussed the use and subsequent danger of Directed Energy Weapons including radio frequency and expressed the importance of

instituting legislation in that regard.
Tagged Passions:radio and energy

Endale Getahun, KETO Ethiopian radio, expressed appreciation to the City Council for their support of the radio station. He discussed several

challenges faced by the immigrant community throughout Aurora and the country.
Tagged Passions:council, radio, and Immigration

Jonathan and Matthew Endale expressed appreciation on behalf of the Ethiopian community to the City Council for their support of the Ethiopian

community and KETO radio station.
Tagged Passions:council and radio

Doug Shriner, President, Murphy Creek III, expressed appreciation to City Council for denying the Murphy Creek East expansion proposal and for

hearing the neighbors related concerns.
Tagged Passions:council, expansion, and hearing

Margaret Rash, Vice-President, Murphy Creek Metro District III, echoed Mr. Shriner s comments and discussed the residents concerns in that regard.

Tagged Passions:Public Transit

Margaret Sobey echoed the previous comments related to her appreciation to City Council for their response to the Murphy Creek East expansion. She

noted ways in which the applicant did not follow City procedure in that regard.
Tagged Passions:council, expansion, and procedure

8. ADOPTION OF THE AGENDA

The agenda was adopted as presented.

June 24, 2019 Council Meeting, Page 10

June 3, 2019 Page 3

The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present. The Mayor

Pro-Tem is always permitted to vote on all items.
Tagged Passions:ordinance and council

9. CONSENT CALENDAR - 9a-k

General Business

Tagged Passions:business

a. Consideration to AWARD A COMPETITIVELY BID CONTRACT to W.L. Contractors, Inc.,

Tagged Passions:rfp, RFP, and contract

Arvada, Colorado in the amount of 3,644,762.00 for the 2019 Traffic Signal Construction Services Project, Project Number 19015. STAFF SOURCE: Anna

Bunce, Traffic Manager, Public Works
Tagged Passions:construction, services, Public Works, public works, manager, and traffic

b. Consideration to AWARD A SOLE SOURCE CONTRACT to GE Digital LLC (formerly GE

Tagged Passions:contract

Intelligent Platforms), San Ramon, CA in the total amount of 74,322.37 for the annual renewal of software maintenance on the Water SCADA Information

Management System through June 2020. STAFF SOURCE: Marena Lertch, Manager Water Service Operations, Aurora Water
Tagged Passions:utility, Utility, water, manager, information technology, and Information Technology

c. Consideration to EXTEND A COMPETITIVELY BID CONTRACT to EJ USA, Inc., Denver,

Tagged Passions:rfp, RFP, and contract

Colorado in the not-to-exceed amount of 75,500.00 for the purchase of manhole products as required by the Water Department through March 31, 2020.

(B-4215) STAFF SOURCE: Marena Lertch, Manager Water Service Operations, Aurora Water
Tagged Passions:utility, Utility, water, purchasing, and manager

d. Consideration to award a SINGLE SOURCE CONTRACT to Black Veatch Corporation,

Tagged Passions:contract

Denver, Colorado in the amount of 344,820.00 for engineering planning, coordination and inspection services for Rampart Tunnel No. 2. STAFF SOURCE:

Steven Fiori, Project Delivery Services Manager, Aurora Water
Tagged Passions:planning, utility, Utility, services, water, and manager

e. Consideration to AWARD A CHANGE ORDER TO THE COMPETITIVELY BID CONTRACT

Tagged Passions:rfp, RFP, and contract

with Velocity Constructors, Inc., Denver, Colorado in the amount of 275,030.00, for the Griswold Water Purification Facility (WPF) Air Scour

Improvements Project, Project No. 5618A. STAFF SOURCE: Steven Fiori, Project Delivery Services Manager, Aurora Water
Tagged Passions:facility, utility, Utility, services, water, and manager

Motion by Roth, second by Berzins, to approve items 9a 9e.

Voting Aye: Mayor LeGare, Bergan, Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo,

Tagged Passions:voting

Richardson, Roth, Watson

Final Ordinances

Tagged Passions:ordinance

f. 2019-19 Consideration of AN ORDINANCE FOR ADOPTION of the City Council of the City of

Tagged Passions:ordinance and council

Aurora, Colorado, to Amend and Rename The Park Chambers Combined General and Preliminary Development Plan to The Aurora Ready Mix Crushing Facility

general development plan in order to permit rock crushing operations on the site and update site conditions within the plan (READY MIX GDP AMENDMENT) STAFF SOURCE: Stephen E Rodriguez, Planning Supervisor, Planning Development Services
Tagged Passions:planning, facility, development, services, parks, and Development

Motion by Roth, second by Berzins, to approve item 9f.

Voting Aye: Bergan, Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo, Richardson, Roth,

Tagged Passions:voting

Watson

g. 2019-20 Consideration of AN ORDINANCE FOR ADOPTION of the City Council of the City of

Tagged Passions:ordinance and council

Aurora, Colorado, amending Section 134-422 relating to Authority for Administration of the Parking and Mobility Program. STAFF SOURCE: Tom

Worker-Braddock, Senior Planner, Planning Development Services
Tagged Passions:planning, development, services, program, Development, and parking

June 24, 2019 Council Meeting, Page 11

June 3, 2019 Page 4

The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present. The Mayor

Pro-Tem is always permitted to vote on all items.
Tagged Passions:ordinance and council

Motion by Roth, second by Bergan, to approve item 9g.

Voting Aye: Bergan, Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo, Richardson, Roth,

Tagged Passions:voting

Watson

h. 2019-21 Consideration of AN ORDINANCE FOR ADOPTION of the City Council of the City of

Tagged Passions:ordinance and council

Aurora, Colorado, excluding certain property identified as PA 5A from the boundaries of the Porteos Business Improvement District. STAFF SOURCE: Mark

Geyer, Project Manager, General Management
Tagged Passions:business, property, and manager

i. 2019-22 Consideration of AN ORDINANCE FOR ADOPTION of the City Council of the City of

Tagged Passions:ordinance and council

Aurora, Colorado, excluding certain property identified as PA 6A North from the boundaries of the Porteos Business Improvement District. STAFF

SOURCE: Mark Geyer, Project Manager, General Management
Tagged Passions:business, property, and manager

j. 2019-23 Consideration of AN ORDINANCE FOR ADOPTION of the City Council of the City of

Tagged Passions:ordinance and council

Aurora, Colorado, excluding certain property identified as PA 6A South from the boundaries of the Porteos Business Improvement District. STAFF

SOURCE: Mark Geyer, Project Manager, General Management
Tagged Passions:business, property, and manager

Motion by Gruber, second by Watson, to approve items 9h 9j.

Voting Aye: Bergan, Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo, Richardson, Roth,

Tagged Passions:voting

Watson

k. 2019-24 Consideration of AN ORDINANCE FOR ADOPTION of the City Council of the City of

Tagged Passions:ordinance and council

Aurora, Colorado, vacating a portion of the public right-of-way for East Gibraltar Court, within the King s Point Master Plan Development, City of

Aurora, County of Arapahoe, State of Colorado (EAST GIBRALTAR COURT STREET VACATION) STAFF SOURCE: Heather Lamboy, Planning Supervisor, Planning Development Services
Tagged Passions:planning, legal, streets, development, services, Development, and court

Motion by Bergan, second by Richardson, to approve item 9k.

Voting Aye: Bergan, Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo, Richardson, Roth,

Tagged Passions:voting

Watson

10. RESOLUTIONS

a. R2019-34 Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora,

Tagged Passions:council

Colorado, authorizing the execution of the oil and gas operator agreement between the city of aurora, Colorado, and ConocoPhillips company, a

Delaware corporation and its subsidiaries and Burlington resources oil gas company LP, a Delaware limited partnership, (COLLECTIVELY OPERATOR ), a Colorado Limited Liability Company. (Staff Requests a Waiver of Reconsideration) STAFF SOURCE: Christine McKenney, Client Group Manager, City Attorney
Tagged Passions:legal, Fossil Fuels - Oil, and manager

Mayor LeGare opened the public hearing on the item.

Tagged Passions:hearing

Elizabeth Paranhos, Attorney, stated she was outside counsel for the City of Aurora on Oil

Tagged Passions:legal and Fossil Fuels - Oil

Gas matters and provided a presentation on the item.

June 24, 2019 Council Meeting, Page 12

June 3, 2019 Page 5

The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present. The Mayor

Pro-Tem is always permitted to vote on all items.
Tagged Passions:ordinance and council

Council Member Johnston asked Ms. Paranhos if the comparison for the Colorado Oil Gas

Tagged Passions:council and Fossil Fuels - Oil

Conservation Commission (COGCC) related to the previous COGCC whose mission it was to promote oil and gas development or the new COGCC whose mission

was to regulate oil and gas that protected public health, safety, welfare and the environment. Ms. Paranhos stated any rules referenced were rules that were adopted by the prior COGCC.
Tagged Passions:health, boards and commissions, Fossil Fuels - Oil, development, Conservation, environment, and Development

Council Member Gruber asked if in addition to City staff, another attorney, Jeff Robbins, was a co-architect of the development agreements. Ms.

Paranhos agreed Mr. Robbins represented the City prior to the operator agreement negotiations with ConocoPhillips. Council Member Gruber stated that was important to note because he and Council Member Johnston worked closely with Mr. Robbins during development of the item and presently, Mr. Robbins was named the Chairman of the COGCC. He pointed out his understanding that Mr. Robbins planned to take many of the things that have been discussed in that regard and make them state requirements, noting that meant Aurora was actually leading the COGCC in creating these requirements.
Tagged Passions:council, legal, development, and Development

Council Member Johnston stated her appreciation that the City of aurora used outside counsel who was now the COGCC Chairman, however, she noted one

could not assume what the COGCC was doing in terms of rulemaking and process at this point.
Tagged Passions:council

Council Member Bergan pointed out the agreement stated ConocoPhillips would abide by any new COGCC rules.

Tagged Passions:council

Ms. Paranhos concurred, noting ConocoPhillips would abide by any and all state and federal best practices.

Mayor Pro Tem Roth asked Ms. Paranhos if she was actively involved in putting together the Best Management Practices (BMP) for the City and County of

Broomfield operator agreement. Ms. Paranhos answered affirmatively. Mayor Pro Tem Roth asked Ms. Paranhos if she was familiar with the structure and final product of the agreement. Ms. Paranhos answered affirmatively. Mayor Pro Tem Roth asked if the City s agreement was more robust in terms of air quality and groundwater monitoring than the City of Broomfield agreement. Ms. Paranhos answered affirmatively, noting ConocoPhillips agreed to install continuous air quality monitors at all phases of development and to pay for those monitors. Mayor Pro Tem Roth asked if that was so in any other agreement Ms. Paranhos was aware of. Ms. Paranhos answered no.
Tagged Passions:development and Development

Council Member Johnston stated her understanding that Broomfield and other communities had a moratorium and asked if the City of Aurora was the only

local government with an operator agreement that came so closely after the passage of SB 181. Ms. Paranhos stated the only other one she was aware of was Commerce City.
Tagged Passions:council

Council Member Watson referenced and read p. 273 of the staff report, noting it appeared the City of Aurora created more stringent rules than those

found in SB 181.
Tagged Passions:council

Ms. Paranhos stated the bill itself did not set forth any specific rule requirements, noting it required the COGCC to significantly overhaul its

regulations and to do specific types of rulemaking in the future. She stated her opinion that the agreement was in the spirit of SB 181.
Tagged Passions:regulation

June 24, 2019 Council Meeting, Page 13

June 3, 2019 Page 6

The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present. The Mayor

Pro-Tem is always permitted to vote on all items.
Tagged Passions:ordinance and council

Council Member Gruber asked Ms. Paranhos to describe the service site public participation process. Ms. Paranhos did so. Council Member Gruber stated

Aurora residents would actively participate in the process as the item moved forward.
Tagged Passions:council

Ms. Paranhos concurred.

Council Member Hiltz asked if a penalty would be assessed to the City should a permit come in that required further review which thereby delayed

approval. Ms. Paranhos noted a clear, relatively set schedule was made for permit review and confirmed there was some language in the agreement that allowed for that timeframe to be extended. Council Member Hiltz referenced the 1,000 per day penalty for a delay and asked if that was something the City was currently reimbursing to the operator or was that a new provision. Ms. Paranhos stated it was a new provision, noting it would be triggered if there were a delay in terms of denial of a permit application after everyone did what they were supposed to do
Tagged Passions:council and penalty

Council Member Gruber stated the reason operator agreements were reviewed in the first place was because there were a number of well sites being

designed and the City had limited authority. He recalled City Council decided the City should work with the oil companies in terms of the City s preferred Best Management Practices and their request for accelerated support. He asked Ms. Paranhos to speak to that. Ms. Paranhos did so. Council Member Gruber pointed out the City received all of the benefits of the operator agreements with very stringent environmental protections and the understanding that any new changes developed by the state would be included.
Tagged Passions:council, sites, Fossil Fuels - Oil, and environment

Ms. Paranhos stated they were not the best environmental standards in the world but agreed they were certainly robust and did exceed state level

requirements in Colorado.
Tagged Passions:environment

Council Member Johnston stated she was a part of some of the earlier discussions and clarified she has often been supportive of operator agreements

of Best Management Practices, she noted she has also been consistent in her concerns when highly industrial operations were going into residential zones. She stated this operator agreement did not relate to new construction only.
Tagged Passions:construction, council, and industrial

Council Member Hiltz stated concerns related to risk and liability were raised at the previous meeting related to an operator agreement. She asked

how the situation developed from an agreement being sent back to staff to a new agreement being generated that included a new provision related to delay reimbursement where the City would absorb the risk.
Tagged Passions:council and risk

Dan Brotzman, Interim City Attorney, stated the other extraction operator agreement did not move forward because it did not have acceptable remedy

language which was not the case with the ConocoPhillips agreement. He noted the ConocoPhillips agreement did include a penalty that was significantly different from what was being proposed by the other operator.
Tagged Passions:legal and penalty

Council Member Hiltz asked the specific remedy language in the prior ConocoPhillips agreement that caused the penalty language to be added. Mr.

Brotzman stated they wanted to look at consequential damages for the infrastructure which related to hundreds of millions of dollars. He noted additionally, they indicated they would sue the City for all of the infrastructure costs for delaying the permit. Council Member Hiltz asked Mr. Brotzman if it was his legal opinion that this was the best way to minimize the risk. Mr. Brotzman answered affirmatively.
Tagged Passions:council, legal, risk, and penalty

June 24, 2019 Council Meeting, Page 14

June 3, 2019 Page 7

The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present. The Mayor

Pro-Tem is always permitted to vote on all items.
Tagged Passions:ordinance and council

Council Member Watson read from the agreement, noting ConocoPhillips has agreed to limit its remedies against the City to delay reimbursement

provisions.
Tagged Passions:council

Ms. Paranhos concurred, noting ConocoPhillips has agreed to not sue for any monetary damages related to delays.

Vanessa Thompson, Surface Land Supervisor, ConocoPhillips, gave a presentation on the item.

Council Member Lawson noted Ms. Thompson stated ConocoPhillips held 15 open house meetings in six years and asked Ms. Thompson to speak to what the

neighborhood meetings looked like.
Tagged Passions:council and neighborhood

Max Blair, ConocoPhillips, did so.

Council Member Lawson asked if there was any type of follow-up with the residents that addressed their questions. Mr. Blair stated there was a mix of

both direct conversations and ConocoPhillips reaching out.
Tagged Passions:council

Council Member Gruber asked Ms. Thompson to speak to the moratorium agreement entered into by ConocoPhillips and the City. Ms. Thompson did so,

noting there were 10 well sites with submittals dating back to October 2018 with ConocoPhillips. Council Member Gruber asked if there has been a moratorium on ConocoPhillips since October. Ms. Thompson agreed it was fair to state there was a pause.
Tagged Passions:council and sites

Council Member Watson asked if, in addition to the public meetings, tours of the site were offered. Ms. Thompson answered affirmatively.

Tagged Passions:council

Council Member Johnston clarified there has not been a moratorium and suggested it was irresponsible to state otherwise. She expressed appreciation

to Ms. Thompson for her use of the term pause. She also expressed appreciation for the tours that were offered and asked if there was a City process or meetings on the issue.
Tagged Passions:council

Jason Batchelor, Deputy City Manager, answered no, noting the operator agreements contemplated and included additional meetings around specific well

sites as they moved through the permit process.
Tagged Passions:sites, administrator, and manager

Mayor LeGare related the rules of order for speaking on the item. He asked those in support of the item present at the meeting to stand. He

recognized approximately 160 people standing. He asked those in opposition to the item present at the meeting to stand. He recognized approximately 35 people standing.
Tagged Passions:recognition

Council Member Hiltz asked if the Mayor could ask how many people were present who were employed by the industry. Mayor LeGare answered no.

Tagged Passions:council

Valerie Rowe; Kevin Hougen; Terry Peltes; Chris McGowan; James Hopper; Rob Carroll; Ryan Seastrom; Michael Mead; Jessica Crespin; Jerry Cunningham;

Dustin Dudley; Colton Loehr; Seth Lovelady; Amanda Martin; Scott Farkas; Brad Pierce; Polly Page; Jennifer Churchfield; Blaise Sims; John Wolfkill; Cameron Ming; Rita Connerly; Mark Archuleta; Doug Tisdale; Zach Neal; Daisie Young; Valerie Wells; and Ryan Foltz, spoke in favor of the item.
Tagged Passions:body art

MAYOR LEGARE CALLED FOR A 13 MINUTE BREAK

June 24, 2019 Council Meeting, Page 15

June 3, 2019 Page 8

The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present. The Mayor

Pro-Tem is always permitted to vote on all items.
Tagged Passions:ordinance and council

Richard Radar; Adam Fung; Ellen Woo; Sarah Brockway; Edith Henke; Aimee Potter, Larry Scrima; Sandy Toland; Sonia Skakich-Scrima; Kristen Mallory;

Randee Webb; Pat Dunn; Arnie Schultz; Tim Rash; Lucy Molina; Margaret Rash; and Margaret Sobey, spoke in opposition to the item.

Council Member Gruber noted assumptions have been made that Emerge candidates should not vote in this instance because Emerge has a pillar

specifically against oil and gas. He asked the City Attorney to speak to that concern.
Tagged Passions:council, legal, and Fossil Fuels - Oil

Council Member Hiltz clarified Emerge did not have a pillar of anti or pro anything and she contended the narrative that Emerge candidates were not

free-thinking was disrespectful and rude. She noted she did not have a problem sharing where her campaign funding came from.
Tagged Passions:funding and council

Mr. Brotzman discussed the Council Rules of Procedure, Voting Conflicts of Interest, as it applied to the situation, noting all council members must

vote unless there a personal interest in the item was realized.
Tagged Passions:council, voting, and procedure

Council Member Murillo stated her frustrations that her opinions, as a woman, were grouped together with other women simply because of their gender.

She stated the same could not be said for the male council members based on their gender, political party or ethnicity.
Tagged Passions:council and gender

Council Member Johnston referenced BMP 34 in Class II, Underground Injection Wells, and expressed her understanding that the injection well and

injection well approval that, while it was outside of the City of Aurora, it was within Arapahoe County and was therefore included in the BMP.
Tagged Passions:council

Ms. Thompson stated it was not a ConocoPhillips-operated well but the operator had lengthy conversations with City staff prior to it being included

in the BMP as an exception.

Council Member Johnston asked how many of the wells would be using the injection well. Mr. Blair stated that information was not available at this

time as that well was proposed and not approved or in service yet and any comment in that regard would be speculation. Council Member Johnston asked Mr. Blair if he was aware that the proposed site for the injection well was within five miles of the Lowry Superfund site. Mr. Blair answered affirmatively. Council Member Johnston asked if ConocoPhillips was aware that there was 138 million gallons of toxic chemicals within the Superfund site.
Tagged Passions:council

Ms. Thompson confirmed the Superfund site has been evaluated and ConocoPhillips has been very careful with their well siting as a result.

Council Member Johnston asked if the applicant was aware that the US Geological Survey.gov stated seismic activity could be induced within 10 miles

of an injection well site. Mr. Ming reiterated it was not a ConocoPhillips well therefore the concern was between Arapahoe County and the company attempting to permit the injection well.
Tagged Passions:council

Council Member Johnston stated it may not be a ConocoPhillips well but it was included in the operator agreement. She pointed out the 140 million

gallons of toxic chemicals was a major concern of the Superfund site and ConocoPhillips has insisted the injection well be included in the agreement. She asked if ConocoPhillips was willing to remove it. Mr. Ming stated it was not up to ConocoPhillips to do so. He stated that was up to the county and the
Tagged Passions:council

June 24, 2019 Council Meeting, Page 16

June 3, 2019 Page 9

The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present. The Mayor

Pro-Tem is always permitted to vote on all items.
Tagged Passions:ordinance and council

company attempting to permit the well. Council Member Johnston stated ConocoPhillips could remove the BMP 24, Class II provision from the agreement

and asked if they were willing to do so.
Tagged Passions:council

Ms. Thompson stated Expedition Water worked very closely with the City and the City agreed they were comfortable with the design of the well, noting

ConocoPhillips could not speak specifically to the design of the well because it was not their well.
Tagged Passions:utility, Utility, and water

Council Member Johnston asked if ConocoPhillips would remove the injection well provision of BMP 34 from the operator agreement. Ms. Thompson

clarified the ConocoPhillips team present at the meeting were not authorized to make those types of changes to the agreement, noting the agreement has been worked through carefully between the City and ConocoPhillips.
Tagged Passions:council

Mr. Ming suggested City staff might speak to the issue.

Ms. Paranhos did so, noting Aurora Water met with the company who planned to operate the injection well in Arapahoe County and Aurora Water was

satisfied that the well would be operated in a safe manner and that any concerns related to earthquakes and aquifer contamination risks would be mitigated by the well construction. She stated that was why the provision that ConocoPhillips would use that particular injection well and not any other injection wells within a four-mile buffer of the City limits.
Tagged Passions:construction, utility, Utility, risk, and water

Council Member Johnston stated her understanding that the City took a position on the proximity which was four miles from the City s water

infrastructure and that there was no Environmental Protection Agency (EPA) oversight for Class II underground injection wells and that that was under the Colorado Department of Public Health Environment s (CDPHE) oversight. She asked if Expedition Water had any other injection wells near other Superfund sites. Ms. Paranhos stated she did not have that information.
Tagged Passions:health, council, sites, utility, Utility, water, Conservation, and environment

Council Member Hiltz asked why hold a public hearing if changes could not made and if not at the meeting, when could those changes could be made.

Mayor LeGare stated the public hearing was held to gain input on an Oil and Gas operator agreement that has been extensively worked on by City staff and the applicant. He pointed out that it was now up to City Council to determine whether or not the agreement was acceptable and then to vote accordingly. He asked the applicant representatives to restate their names for the record.
Tagged Passions:council, Fossil Fuels - Oil, and hearing

Vanessa Thompson; Maxwell Blair and Cameron Ming did so.

Council Member Bergan asked if the applicant held meetings in good faith to help locate the wells so that they did not impact development. Mr. Blair

explained the well sites reflected in the operator agreement were a culmination of an arduous and extensive process.
Tagged Passions:council, sites, development, and Development

Council Member Gruber asked the depth of the injection well. Mr. Ming reiterated it was not a ConocoPhillips well. Council Member Gruber pointed out

the well was a distance away with a two mile depth.
Tagged Passions:council

Mr. Ming concurred.

Council Member Berzins noted there was a lot of testimony on both sides of the issue and asked the applicant and staff if there was anything either

of them would like to address regarding the public comment.
Tagged Passions:council

June 24, 2019 Council Meeting, Page 17

June 3, 2019 Page 10

The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present. The Mayor

Pro-Tem is always permitted to vote on all items.
Tagged Passions:ordinance and council

Mayor LeGare acknowledged Mr. Batchelor s no gesture.

Ms. Thompson clarified ConocoPhillips was in compliance with the BMPs and the inspection provision in the operator agreement specifically, noting any

safety event or other incident required immediate reporting by ConocoPhillips and the inspection was of a different nature.
Tagged Passions:events and compliance

Mr. Ming noted the location of ConocoPhillips pipelines was secret for safety reasons.

Mr. Blair noted that secrecy ensured the pipelines would be properly located and spotted if development occurred in any proximity to them.

Tagged Passions:development and Development

Council Member Johnston expressed concerns that concerns related to permitting might be raised at the neighborhood meetings that would be held after

the operator agreement was approved and asked how that would be addressed since the agreement stated the City shall not oppose or object in any form to any permits, applications or similarly related approvals related to the operator, oil, gas operations or any development of any new wells or well sites . Ms. Thompson stated any comments from both the neighborhood meeting as well as the call for public comment as a result of the permit process would be administered back to ConocoPhillips and they would have a response requirement in order to further the permit process.
Tagged Passions:council, sites, Fossil Fuels - Oil, development, Development, and neighborhood

Council Member Murillo asked how many well pads versus wells were being proposed under the purview of the operator agreement. Ms. Thompson stated

there were 45 well sites with a total potential well count of 310.
Tagged Passions:council and sites

Council Member Lawson asked how a homeowner purchasing a home in the area would be notified of the pipeline location. Ms. Thompson stated the

pipelines were located in a protected easement that were separate and apart from any home deeds. Council Member Lawson asked if the onus was on the homebuyer to find out if the pipeline was nearby. Ms. Thompson answered affirmatively.
Tagged Passions:council, purchasing, and easement

Mr. Blair stated the pipeline would be well marked at any crossing and at intervals which provided an opportunity for homeowners to do research for

their home when they purchased it.
Tagged Passions:purchasing

Council Member Bergan asked if most of the well sites were located in undeveloped areas. Ms. Thompson answered affirmatively. Council Member Bergan

asked the typical width of a utility easement. Ms. Thompson stated 50 feet.
Tagged Passions:council, sites, utility, Utility, and easement

Council Member Murillo asked the proposed increase of wells from what ConocoPhillips had currently. Ms. Thompson stated there were currently 25

constructed well pads with approximately 50 wells. Council Member Murillo noted that was a significant increase.
Tagged Passions:council

Mayor LeGare discussed the public hearing process and how it was changed through public notice to reflect that on the agenda. He closed the public

hearing on the item.
Tagged Passions:hearing

Motion by Bergan, second by Gruber, to approve item 10a with a waiver of reconsideration.

Council Member Johnston clarified a waiver of reconsideration meant the item could not be reconsidered if new information were to be provided.

Tagged Passions:council

June 24, 2019 Council Meeting, Page 18

June 3, 2019 Page 11

The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present. The Mayor

Pro-Tem is always permitted to vote on all items.
Tagged Passions:ordinance and council

Council Member Bergan expressed appreciation to all those who attended the meeting. She stated she and her fellow council members wanted to protect

the environment and the health of the community and therefore they took the issue very seriously, noting this has not been a brief process. She pointed out there were almost 50 BMPs for the agreement and any new regulations imposed by the state would be met by the operator. She suggested as such, other jurisdictions might view the City of Aurora as the model for how to do an operator agreement. She stated she would support the item.
Tagged Passions:health, regulation, council, Conservation, and environment

Council Member Hiltz expressed appreciation to ConocoPhillips for taking the time and effort to learn the community needs and for going above and

beyond since the May 20th meeting in their public outreach efforts. She stated she would not support the item because there was a lot that still needed to be considered and she felt there needed to be a longer public input process. She agreed there was a path forward but noted unfortunately this was not it.
Tagged Passions:council

Council Member Murillo stated it gave her great pause to know the operator agreement would be a legally binding contract where six times as many oil

wells as there were currently. She pointed out the City had one opportunity to get it right and she did not feel the City has done its due diligence in terms of health and safety and public input in this instance. She stated she supported operator agreements in general because it was a way to create stability for the industry and to codify health and safety concerns. She noted she empathized with those who have a vested interest in ConocoPhillips however she did not think the City Council should be making decisions based on the perceived goodness of a company because this was policy. She stated she would not support the item for those reasons.
Tagged Passions:health, council, Fossil Fuels - Oil, contract, and policy

Mayor Pro Tem Roth noted in light of the transparency questions by the City, he spoke to the Colorado Municipal League s (CML) position on the item

and the passing of SB 181.

Council Member Johnston addressed concerns related to SB 181. She stated CML s position on the bill was irrelevant to her because this was Aurora.

She noted it was suggested the City might be held as a model for operator agreements and she expressed her hope that was not so because she did not think it was how public policy should be handled. She pointed out she represented the neighbors where the item was located and she could not support the item primarily because of the fast track and the location of the injection well site near the Superfund site. She expressed her disappointment and embarrassment that the City has not insisted on more robust feedback in this regard.
Tagged Passions:council and policy

Voting Aye: Bergan, Berzins, Gruber, Richardson, Roth, Watson

Tagged Passions:voting

Voting Nay: Johnston, Hiltz, Lawson, Murillo

Tagged Passions:voting

b. R2019-35 Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora,

Tagged Passions:council

Colorado, approving an Amendment to the Intergovernmental Agreement between the City of Aurora, Colorado, acting by and through its Utility

Enterprise, and the Urban Drainage and Flood Control District, regarding Final Design, Right-of-Way Acquisition and Construction of Drainage and Flood Control Improvements for Easterly Creek Stormwater Pond. STAFF SOURCE: Sarah Young, Deputy Director of Planning and Engineering, Aurora Water
Tagged Passions:planning, construction, utility, Utility, water, flooding, intergovernmental, and stormwater

Motion by Roth, second by Watson, to approve item 10b.

June 24, 2019 Council Meeting, Page 19

June 3, 2019 Page 12

The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present. The Mayor

Pro-Tem is always permitted to vote on all items.
Tagged Passions:ordinance and council

Voting Aye: Bergan, Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo, Richardson, Roth, Watson

Tagged Passions:voting

c. R2019-36 Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora,

Tagged Passions:council

Colorado, approving an amendment to the Intergovernmental agreement between the City of Aurora, Acting by and through its Utility Enterprise, and the

Urban Drainage and Flood Control District regarding final design, right-of-way acquisition and construction of drainage and flood control improvements for First Creek Detention Upstream of I-70 in the City of Aurora. STAFF SOURCE: Sarah Young, Deputy Director of Planning and Engineering, Aurora Water
Tagged Passions:planning, construction, utility, Utility, water, flooding, intergovernmental, detention, and stormwater

Motion by Berzins, second by Murillo, to approve item 10c.

Voting Aye: Bergan, Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo, Richardson, Roth,

Tagged Passions:voting

Watson

d. R2019-37 Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora,

Tagged Passions:council

Colorado, approving an Amendment to the Intergovernmental Agreement between the City of Aurora, Colorado, acting by and through its Utility

Enterprise, and the Urban Drainage and Flood Control District, regarding final design, right-of-way acquisition, and construction of drainage and flood control improvements for 22nd Avenue outfall to Westerly Creek. STAFF SOURCE: Sarah Young, Deputy Director of Planning and Engineering, Aurora Water
Tagged Passions:planning, construction, utility, Utility, water, flooding, intergovernmental, and stormwater

Motion by Watson, second by Roth, to approve item 10d.

Voting Aye: Bergan, Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo, Richardson, Roth,

Tagged Passions:voting

Watson

e. R2019-38 Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora,

Tagged Passions:council

Colorado, for the Agreement Regarding Member Funding Transfers Pursuant to the Aerotropolis Regional Transportation Authority Establishment

Agreement. (Staff Requests a Waiver of Reconsideration) (This item will also appear on the
Tagged Passions:funding and transportation

June 3, 2019 Study Session) (Due to this item being dual listed, the backup

is included in item 4b of the Study Session Packet.) STAFF SOURCE: Michelle

Gardner, Senior Assistant City Attorney, City Attorney

Tagged Passions:legal

Motion by Gruber, second by Roth, to approve item 10e with a waiver of reconsideration.

Voting Aye: Bergan, Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo, Richardson, Roth,

Tagged Passions:voting

Watson

f. R2019-39 Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora,

Tagged Passions:council

Colorado, supporting and declaring June 7, 2019 as national gun violence awareness day. Sponsor: Council Member Johnston

Tagged Passions:gun control, council, and Gun Control

Misty Glover, Aurora Moms Demand Action for Gun Sense in America, discussed her disappointment in the proclamation request denial by Mayor LeGare and

the increased and recent gun violence in Aurora. She pointed out victims deserved leadership that supported them and noted her intention to vote for people to do that.
Tagged Passions:gun control, recognition, and Gun Control

June 24, 2019 Council Meeting, Page 20

June 3, 2019 Page 13

The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present. The Mayor

Pro-Tem is always permitted to vote on all items.
Tagged Passions:ordinance and council

Jamie Logan, Aurora Moms Demand Action for Gun Sense in America, discussed her disappointment in the Mayor s decision to not approve the gun violence

awareness proclamation, the need to recognize victims of gun violence, and the increase in gun violence in Colorado. She named all of the Colorado cities in support of the proclamation. She expressed her hope that Council Member Johnston s resolution would be supported and addressed Mayor LeGare directly regarding children experiencing active shooter and lockdown drills at school.
Tagged Passions:gun control, recognition, council, education, and Gun Control

ORIGINAL MOTION

Motion by Johnston, second by Hiltz, to approve item 10f.

AMENDMENT I

Motion by Johnson, second by Murillo, to amend item 10f to change President Obama s Inaugural Parade to the Presidential Inaugural Parade, the 100 to

all and strike was before the words tragically.

Council Member Berzins pointed out the 100 Americans killed every day included suicides, homicides and unintentional shootings.

Tagged Passions:council and suicide

Council Member Gruber expressed concerns that the reference to 100 Americans included suicides and police officers and since the proclamation did not

address mental health and the goal was not to take guns away from police officers, he stated he would support the proclamation if the 100 Americans was changed to Americans. He offered a friendly amendment in that regard.
Tagged Passions:gun control, health, recognition, council, public safety, Gun Control, mental health, and suicide

Council Members Murillo and Johnston did not accept the friendly amendment.

Tagged Passions:council

VOTE ON AMENDMENT I

Voting Aye: Bergan, Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo, Richardson, Roth,

Tagged Passions:voting

Watson

AMENDMENT II

Motion by Gruber, second by Roth, to amend item 10f to remove the 100 reference because it included suicide and police.

Tagged Passions:public safety and suicide

Council Member Hiltz suggested the language state more than 100 since everyone was being included.

Tagged Passions:council

Council Member Gruber clarified the 100 included suicide and police and he did not agree with that inclusion because the actual number of criminals

shooting criminals was approximately 1/3 of that figure.
Tagged Passions:council, public safety, and suicide

Council Member Johnston stated her opinion that all of those instances were episodes of gun violence and she would not support the change because

these acts of violence increase each year.
Tagged Passions:gun control, council, and Gun Control

Council Member Bergan stated her understanding that Council Members Berzins and Gruber were attempting to be accurate. She read the purpose of the

proclamation and stated her support of it.
Tagged Passions:recognition and council

VOTE ON AMENDMENT II

Voting Aye: Gruber, Roth, Watson

Tagged Passions:voting

June 24, 2019 Council Meeting, Page 21

June 3, 2019 Page 14

The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present. The Mayor

Pro-Tem is always permitted to vote on all items.
Tagged Passions:ordinance and council

Voting Nay: Bergan, Berzins, Hiltz, Johnston, Lawson, Murillo, Richardson

Tagged Passions:voting

Council Member Johnston stated her hope that there would be support for the item, noting it was not policy and was really important. She recognized

Mayor LeGare s support of her moving forward with the resolution even when he did not agree to the proclamation.
Tagged Passions:recognition, council, and policy

Council Member Richardson stated the debate at the meeting demonstrated the need for a resolution rather than a proclamation. He stated Mayor LeGare

made the right choice with regards to denying the proclamation request.
Tagged Passions:recognition and council

Mayor LeGare expressed appreciation to his colleagues for their support. He stated his understanding of proclamations was that they were Mayoral

proclamations which meant it was the Mayor s decision whether or not to sign it. He clarified he did not regret not signing the proclamation and commended Council Member Johnston for turning it into a resolution because that was the way to get it done. He noted he did not have a problem signing a resolution even ones he did not agree with or vote on. He pointed out he was not offended by those who said he was terrible for not signing the proclamation because it was his choice to not do so.
Tagged Passions:recognition and council

VOTE ON ORIGINAL MOTION AS AMENDED

Voting Aye: Bergan, Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo, Richardson, Roth,

Tagged Passions:voting

Watson

11. PUBLIC HEARING WITH RELATED ORDINANCE

Tagged Passions:ordinance and hearing

a. 2019-27 PUBLIC HEARING and Consideration of AN ORDINANCE FOR INTRODUCTION of the

Tagged Passions:ordinance and hearing

City Council of the City of Aurora, Colorado, rezoning 20.41 acres more or less in the vicinity North of Colfax Avenue and East of Tollgate Creek

from Mobile Home District (MH) and Residential-Agriculture District (RA) to Transit-Oriented Development District (TOD) and amending the zoning map accordingly. (POTOMAC VILLAGE REZONE) STAFF SOURCE: Stephen E. Rodriguez, Planning Supervisor, Planning Development Services
Tagged Passions:planning, council, agriculture, development, zoning, services, and Development

Mayor LeGare opened the public hearing on the item.

Tagged Passions:hearing

Stephen Rodriguez, Planning Supervisor, Planning Development Services, gave a

Tagged Passions:planning, development, services, and Development

presentation of the item, noting it related to a rezone request of 20+ acres from Mobile Home District (MH) and Residential-Agriculture District (RA)

to Transit-Oriented Development District (TOD) and amended the zoning map accordingly.
Tagged Passions:agriculture, development, zoning, and Development

Council Member Watson asked staff to speak to Council s ability to make changes as a quasi-

Tagged Passions:council

judicial body as it related to code section 146-401(c).

Dan Money, Assistant City Attorney, confirmed the rezone was the same as all other rezones

Tagged Passions:legal and zoning

where development may or may not come later.

Tagged Passions:development and Development

Council Member Murillo asked if poorly maintained water infrastructure on the property was

Tagged Passions:council, utility, Utility, water, and property

considered in the rezoning criteria. Mayor LeGare clarified the park had old water infrastructure and there have been multiple water breaks over the

years which left the tenants temporarily without water. He asked, if because of those issues, the 146 criteria could be used in this instance.
Tagged Passions:utility, Utility, zoning, water, parks, and rental

Mr. Money answered no, noting those issues were addressed during site plan review.

June 24, 2019 Council Meeting, Page 22

June 3, 2019 Page 15

The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present. The Mayor

Pro-Tem is always permitted to vote on all items.
Tagged Passions:ordinance and council

Mr. Rodriguez concurred.

Phillip Ruschmeyer, representing the applicant, provided a brief summary of the item.

Council Member Lawson asked if there have been any proactive discussions regarding the

Tagged Passions:council

four homes located underneath the overpass because they would be significantly impacted by the rezone. Mr. Ruschmeyer stated the property owner

closed on three or four of those homes in the last 30 days with the hopes of being included in the rezoning.
Tagged Passions:zoning and property

Council Member Murillo stated that was new information and asked the number of units and price point for the homes. Mr. Ruschmeyer stated three or

four with the median price of 350k.
Tagged Passions:council

Mayor LeGare stated they were single-family homes that were being offered for sale by investors.

Tagged Passions:sale

Council Member Murillo asked how many acres were included in the adjacent property. Mr. Ruschmeyer stated each home occupied approximately 150k feet

of ground.
Tagged Passions:council and property

Mayor LeGare stated City Council would ask staff to provide them with a list of homes in the area.

Tagged Passions:council

Paul Henrion discussed problems with the process and expressed concerns related to the lack of discussion on affordable housing in the process. He

requested City Council vote against the item in order to work with the owner on an affordable housing plan.
Tagged Passions:council and housing

Ellen Woo; Andrea Chiriboga-Flor, 9to5 Colorado; Cesiah Guadarrama, 9to5 Colorado; Luz Galicia; Nancy Flores; and Jason Legg expressed appreciation

to the City for their efforts on behalf of the Denver Meadows residents, spoke in opposition to the item and echoed Mr. Henrion s comments related to affordable housing in Aurora.
Tagged Passions:housing

Council Member Bergan asked when the process first started.

Tagged Passions:council

Jason Batchelor, Deputy City Manager, stated the formal rezoning application process began in 2016.

Tagged Passions:zoning, administrator, and manager

Council Member Bergan asked what actions were taken by the City in terms of outreach with the City s Homelessness Program. Mr. Bachelor stated

relocation assistance was provided for those residents who were being displaced from the park.
Tagged Passions:council, program, and parks

Council Member Murillo stated her recollection that the City made the unprecedented move to step in to prevent a group of people from being displaced

from Denver Meadows and then the owner stepped in after extensive conversations with the Mayor and City Attorney. She noted she wanted to disrupt the notion that that was a kind gesture on behalf of the owner. She stated it was a difficult decision on behalf of the City Council to provide those funds but the fact was no one else was stepping up to provide relief.
Tagged Passions:funding, council, and legal

Council Member Berzins asked staff to speak to the steps that followed the rezone. Mr. Money did so. Council Member Berzins confirmed the item was a

rezone.
Tagged Passions:council and zoning

Council Member Murillo referenced the backup information in the Council packet related to the rezoning criteria. She asked if the 2009 comprehensive

plan criteria was being used.
Tagged Passions:council, strategic, and zoning

June 24, 2019 Council Meeting, Page 23

June 3, 2019 Page 16

The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present. The Mayor

Pro-Tem is always permitted to vote on all items.
Tagged Passions:ordinance and council

Dan Brotzman, Interim City Attorney, answered affirmatively.

Tagged Passions:legal

Council Member Murillo called out a few points relevant to the discussion related to smart growth and social sustainability, noting the discussion

about affordable housing and rezoning was relevant to those points. She discussed the strong correlations between low income communities and communities of color sand pointed out when income was not considered in these instances then peoples racial and ethnic connections were being ignored. She stated not incorporating affordability went against the 2009 comprehensive plan criteria. She asked if the Denver Meadows land was located in an opportunity zone. Mr. Batchelor answered affirmatively. Council Member Murillo asked if the property was the only land that was zoned for mobile homes located in an opportunity zone in the City. Mr. Batchelor answered affirmatively. Council Member Murillo asked if it was relevant to consider whether or not the property for the item was located in an opportunity zone.
Tagged Passions:council, strategic, zoning, discrimination, racial, property, sustainability, mobile homes, growth, and housing

Mr. Brotzman answered affirmatively.

Mayor LeGare commended Mr. Legg for his efforts in working with and representing the Denver Meadows residents. He made a commitment to continue to

work with Mr. Legg to resolve any outstanding concerns in that regard.
Tagged Passions:recognition

Council Member Hiltz expressed appreciation to Mayor LeGare for his efforts in that regard as well.

Tagged Passions:council

Mr. Ruschmeyer stated his opinion that anyone that came in to develop the property understood the rezone was for mixed-use which had a much broader

definition than it did in 2009. He pointed out affordable or workforce housing was addressed across the country and he suggested City Council and the public would have a lot to say about the site being developed with affordable housing when the item came back for site plan review.
Tagged Passions:council, zoning, property, commercial, workforce, and housing

Council Member Murillo asked Mr. Ruschmeyer if he was familiar with what was happening in Charlottesville, Virginia in terms of opportunity zones and

mobile home parks. Mr. Ruschmeyer answered no. Council Member Murillo summarized the situation where for profit and nonprofit developers were creating the vision called out in the City s comprehensive plan.
Tagged Passions:council, strategic, and parks

Mayor LeGare closed the public hearing on the item.

Tagged Passions:hearing

Motion by Watson, second by Roth, to introduce item 11a.

Council Member Watson pointed out this was a rezone item and not a site plan or development review.

Tagged Passions:council, development, zoning, and Development

Council Member Murillo stated she was clear on the item being discussed, noting it was difficult to separate the idea that the rezone was removed

from the FTP process. She argued that the City had what was needed to fulfill the mission of the comprehensive plan at this time. She stated the City was missing the opportunity to explore what an opportunity zone could actually look like or if the Charlottesville model could work in this instance.
Tagged Passions:council, strategic, and zoning

Council Member Bergan reiterated Council Member Watson s comments that the item was a rezoning for private property because the property owner was

closing the park and did not plan to redevelop it. She pointed out it would remain vacant without the rezone.
Tagged Passions:council, zoning, parks, and property

June 24, 2019 Council Meeting, Page 24

June 3, 2019 Page 17

The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present. The Mayor

Pro-Tem is always permitted to vote on all items.
Tagged Passions:ordinance and council

Council Member Watson pointed out there were not opportunity zones in 2009 and therefore were not a part of the discussion.

Tagged Passions:council

Council Member Murillo stated she outlined the policy points and where it directly applied to the criteria considered in the discussions, noting she

has not heard the counter perspective at this time. She reiterated the City had what was needed to create equitable growth and social sustainability, noting doing so required public, private, nonprofit and community partnership to make it happen. She stated she did not want to see the opportunity zone lost for a low income community of color that deserved opportunity the same as anyone else.
Tagged Passions:council, policy, sustainability, and growth

Mayor LeGare reiterated the item was a rezoning and that while some council members wanted to address the affordable housing part of that, the

discussion was better suited at the site plan level. He pointed out the process put the site on the radar for redevelopment and he believed it would require a substantial affordable housing component.
Tagged Passions:council, zoning, and housing

Voting Aye: Bergan, Berzins, Gruber, Richardson, Roth, Watson

Tagged Passions:voting

Voting Nay: Hiltz, Johnston, Lawson, Murillo

Tagged Passions:voting

b. 2019-28 PUBLIC HEARING and Consideration of AN ORDINANCE FOR INTRODUCTION of the

Tagged Passions:ordinance and hearing

City Council of the City of Aurora, Colorado, to amend the Waterford Place General Development Plan (GDP) to permit additional duplex units and

remove assisted living from the use list. Planning Commission recommended approval at the May 22, 2019 meeting. (Case Number 1990-2012-03) (2225 S IOLA ST). STAFF SOURCE: Dan Osoba, Planner, Planning Development Services
Tagged Passions:planning, council, boards and commissions, development, services, and Development

Mayor LeGare opened the public hearing on the item.

Tagged Passions:hearing

Dan Osoba, Planner, Planning Development Services, provided a brief summary of the

Tagged Passions:planning, development, services, and Development

item, noting it related to a request to amend a GDP to allow for additional duplex units and to remove the assisted living use.

Mayor LeGare closed the public hearing on the item.

Tagged Passions:hearing

Motion by Gruber, second by Roth, to introduce item 11b.

Voting Aye: Bergan, Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo, Richardson, Roth,

Tagged Passions:voting

Watson

12. ORDINANCES FOR INTRODUCTION

Tagged Passions:ordinance

a. 2019-29 Consideration of AN ORDINANCE FOR INTRODUCTION of the City Council of the City

Tagged Passions:ordinance and council

of Aurora, Colorado, amending Section 2-148 of the City Code pertaining to preservation of records to include mandatory direction on processing

requests under the Colorado Open Records Act. Sponsors: Council Members Lawson and Richardson
Tagged Passions:council and preservation

Motion by Richardson, second by Lawson, to defer item 12a to the June 24, 2019 City Council agenda.

Voting Aye: Mayor LeGare, Bergan, Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo,

Tagged Passions:voting

Richardson, Roth, Watson

June 24, 2019 Council Meeting, Page 25

June 3, 2019 Page 18

The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present. The Mayor

Pro-Tem is always permitted to vote on all items.
Tagged Passions:ordinance and council

13. ORDINANCES FOR FINAL

Tagged Passions:ordinance

a. 2019-25 Consideration of AN ORDINANCE FOR ADOPTION of the City Council of the City of

Tagged Passions:ordinance and council

Aurora, Colorado, amending Chapter 146 of the City Code of the City of Aurora, Colorado, regarding the levy and assessment of Capital Impact Fees on

residential development in the city. (Ordinance 2019-25, Introduced 7-2 (Berzins, Roth voting no) at the May 20, 2019 Council Meeting) STAFF SOURCE: Greg Hays, Budget Officer, Finance
Tagged Passions:ordinance, finance, budget, voting, development, and Development

Motion by Hiltz, second by Johnston, to introduce item 13a.

Voting Aye: Bergan, Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo, Richardson, Watson

Tagged Passions:voting

Voting Nay: Roth

Tagged Passions:voting

14. RECONSIDERATIONS AND CALL-UPS

Motion by Bergan, second by Watson, to reconsider Murphy Creek FDP at the July 1, 2019 City Council due to new information provided by the applicant.

Tagged Passions:council

Council Member Johnston stated her opposition to the item because the environmental information was inconclusive.

Tagged Passions:council and environment

Council Member Bergan stated a call up would allow the discussion related to new reports that has been going on through email to continue, noting it

would also open the door to address other concerns regarding the housing product.
Tagged Passions:council and housing

Council Member Johnston stated a neighborhood discussion already occurred and further discussed the irony of the situation with regards to extended

discussion and input.
Tagged Passions:council and neighborhood

Council Member Bergan stated the McGinnis report was provided to Council the day of the meeting and therefore could not be properly reviewed.

Tagged Passions:council

Council Member Johnston pointed out questions were asked at the hearing in that regard.

Tagged Passions:council and hearing

Mayor LeGare stated Council Member Bergan was requesting a reconsideration based on new information and the worst thing that could happen was there

would be more discussion.
Tagged Passions:council

Council Member Johnston stated that meant more discussion from oil and gas lobbyists and representatives. She suggested there were residents who

might not be able to attend particularly in the numbers seen at the previous meeting, noting it was not fair to the Murphy Creek residents to rescind the good news they were given last week.
Tagged Passions:council and Fossil Fuels - Oil

Voting Aye: Mayor LeGare, Bergan, Berzins, Gruber, Roth, Watson

Tagged Passions:voting

Voting Nay: Hiltz, Johnston, Lawson, Murillo, Richardson

Tagged Passions:voting

15. GENERAL BUSINESS

Tagged Passions:business

a. Consideration to appoint one (1) member to the Veterans Affairs Commission. STAFF SOURCE: Stephen Ruger, City Clerk, General Management

Tagged Passions:veterans, boards and commissions, and appointments

Motion by Gruber, second by Watson, to appoint Ralph Charlip to the Veterans Affairs Commission.

Tagged Passions:veterans, boards and commissions, and appointments

June 24, 2019 Council Meeting, Page 26

June 3, 2019 Page 19

The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present. The Mayor

Pro-Tem is always permitted to vote on all items.
Tagged Passions:ordinance and council

Voting Aye: Mayor LeGare, Bergan, Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo, Richardson, Roth, Watson

Tagged Passions:voting

16. REPORTS

a. Report by the Mayor

No report.

b. Reports by Council

Tagged Passions:council

Council Member Berzins reminded everyone that the two Ward III meetings scheduled for June 12 and June 20 were budget meetings.

Tagged Passions:council and budget

Council Member Bergan expressed appreciation to Rick Crandall for his efforts with the success of the recent Colorado Freedom Memorial ceremony and

expressed sincere condolences for the loss of Aurora Police K-9 Draco.
Tagged Passions:council and public safety

Council Member Hiltz expressed appreciation to her colleagues for voting in support of impact fees.

Tagged Passions:council and voting

Council Member Murillo announced the Ward I Town Hall meeting was scheduled for Thursday, August 22, 2019, noting the Ward I residents voted to hold

an At-Large and Mayoral candidate forum. She wished everyone a happy Pride Month and noted Colorado s first gay governor signed a conversion therapy ban for minors in the state of Colorado which was a huge way to celebrate the LGBTQA+ community.
Tagged Passions:council, LGBTQ, and GayRights

17. PUBLIC INVITED TO BE HEARD

None

18. ADJOURNMENT

Mayor LeGare adjourned the regular meeting of City Council at 1:51 a.m.

Tagged Passions:council

_________________________________________ BOB LEGARE, MAYOR

ATTEST:

June 24, 2019 Council Meeting, Page 27

City of Aurora

Item : SS:

1st: 2nd:

9a

Council Agenda Commentary

Item Title: Consideration to APPROVE THE PURCHASE of 19 shares of the Western Mutual Ditch Company Stock and 44 acres of land, from Eckhardt Farms

Inc, for 2,375,000.00, by the City of Aurora, acting by and through its Utility Enterprise.
Tagged Passions:agriculture, utility, Utility, and purchasing

Item Initiator: Gallen, Daniel - Water Resource Specialist - Aurora Water

Tagged Passions:utility, Utility, and water

Staff Source: Jewell, Dawn - S Platte Basin Supv - Aurora Water

Tagged Passions:utility, Utility, and water

City Manager/Deputy City Manager Signature: James Twombly

Tagged Passions:administrator and manager

Outside Speaker:

Council Goal: 2012: 3.3--Pursue a water resource aquisition and delivery plan

Tagged Passions:council, utility, Utility, and water

ACTIONS(S) PROPOSED (Check all appropriate actions)

Approve Item as proposed at Study Session Approve Item with Waiver of Reconsideration Approve Item and Move Forward to Regular Meeting

Approve Item as proposed at Regular Meeting Information Only

HISTORY (Dates reviewed by City council, Policy Committees, Boards and Commissions, or Staff. Summarize pertinent comments. ATTACH MINUTES OF COUNCIL

MEETINGS, POLICY COMMITTEES AND BOARDS AND COMMISSIONS.) On December 8, 2003, City Council approved a resolution ratifying, affirming, and declaring the City of Aurora's Intent to appropriate and to put to beneficial use, water rights and water storage rights in the South Platte River basin
Tagged Passions:council, boards and commissions, utility, Utility, water, watershed, policy, and history

ITEM SUMMARY (Brief description of item, discussion, key points, recommendations, etc.) The City through the Water Department currently owns 64 of

800 shares in the Western Mutual Ditch. The purchase of 19 additional Western Mutual Ditch shares is consistent with the Water Department s acquisition strategy. The Western Mutual Ditch Company is within the geographic area of the South Platte River conducive to Prairie Waters operations. The service area of the Ditch is generally located east of the South Platte River near the town of LaSalle in Weld County, Colorado.
Tagged Passions:strategic, utility, Utility, water, purchasing, and watershed

The purchase price is 2,375,000.00. The typical Western Mutual Ditch Company share is valued at 125,000.00 per share based on market trends. The

purchase price also includes the associated dry- up covenant for the historically irrigated lands, and 44 acres of that historically irrigated land. This parcel holds strategic value to the city as it can be used to meet the obligations of a future change case on multiple Ditch systems.
Tagged Passions:market, strategic, purchasing, and property

A preliminary historic consumptive use study was conducted to evaluate the yield of the 19 shares and results indicate that the average annual

historic consumptive use is approximately 94.1 acre-feet total. The water can be used through Prairie Waters, for augmentation, or for trade. The water constitutes a portion of the additional water supply identified as necessary to meet the City s future water needs and will also benefit the City by providing additional yields during periods of drought. Staff
Tagged Passions:utility, historic, Utility, water, and trade

June 24, 2019 Council Meeting, Page 28

negotiated the proposed contract for the purchase of these shares and land with Eckhardt Farms Inc. The transaction will close, subject to Council

approval, no later than July 10, 2019. Before the water represented by the subject shares can be used by the Water Department for municipal purposes, the Water Department will need to complete a water rights change case in Colorado water court. Until that time, the ditch shares and land will be leased back to the selling party for the cost of the annual share assessment so the water rights can continue to be used for agricultural crop production.
Tagged Passions:council, legal, leasing, agriculture, utility, Utility, contract, water, purchasing, and court

QUESTIONS FOR COUNCIL Does Council support the proposed purchase of 19 shares of the Western Mutual Ditch Company Stock and 44 acres of land for the

amount of 2,375,000.00?
Tagged Passions:council and purchasing

LEGAL COMMENTS Pursuant to City Council Resolution No. R2016-52, the City Manager and the Director of Water are authorized to implement and carryout

the 2016 Water Policies that includes water acquisition of surface water supplies as the primary source of existing and future water supplies for the City. Pursuant to Administrative Policy Memorandum No. 4-14, water purchase contracts for transactions of 1 million and above are to be signed by the Mayor after Council approval. (Neitzel) Christine McKenney
Tagged Passions:council, legal, utility, Utility, contract, water, purchasing, administrator, manager, and policy

PUBLIC FINANCIAL IMPACT (If Yes, EXPLAIN)

Tagged Passions:finance

Yes No

Funding for this contract for purchase of Western Mutual Ditch Company Stock and 44 acres of historically irrigated land will be from the Capital

Improvement Program, Water Fund, in the amount of 2,375,000.00
Tagged Passions:funding, utility, capital spending, Utility, contract, Capital Spending, program, water, and purchasing

ORG USED: Water Rights Acquisition-WA (52381)

Tagged Passions:utility, Utility, and water

PRIVATE FISCAL IMPACT (If Significant or Nominal, EXPLAIN)

Not Applicable Significant Nominal

N/A

EXHIBITS ATTACHED:

1. Contract for Purchase of Western Mutual Ditch Company Stock.pdf 2. Eckhardt Farms Map.pdf 3. 12-8-2003 Council Results.pdf

Tagged Passions:council, agriculture, contract, and purchasing

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