MINUTES

Regular Meeting – Aurora City Council

Monday, March 2, 2009

1. RECONVENE REGULAR MEETING OF MARCH 2, 2009 AND CALL TO ORDER

Mayor Tauer reconvened the regular meeting of City Council at 7:35 p.m.

2. ROLL CALL

PRESIDING: Mayor Tauer

COUNCIL MEMBERS PRESENT: Beer, Broom, FitzGerald, Frazier, Hogan, Markert, Peterson, Sandstrom, Wallace

COUNCIL MEMBER ABSENT: Pierce

OFFICIALS PRESENT: City Manager Miller, City Attorney Richardson,

City Clerk Johnson

3. MOMENT OF SILENCE

4. PLEDGE OF ALLEGIANCE TO THE FLAG

5. APPROVAL OF THE MINUTES OF THE MEETING OF FEBRUARY 23, 2009

Motion by Frazier, second by Wallace, to approve the minutes of February 23, 2008 as presented.

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

Abstained: None.

6. CEREMONY

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

Name Board or Commission

Jane McGrath Art in Public Places Commission

Hassell Hill Board of Adjustment and Appeals

Tonee Mwamba Business Advisory Board

Jan Raskin Civil Service Commission

Keith McAslan Golf Course Advisory Committee

David Patterson Golf Course Advisory Committee

Kathleen Booker Golf Course Advisory Committee

Elizabeth Heard Parks and Recreation Advisory Board

Terry Todd Parks and Recreation Advisory Board

William Wiggins Planning and Zoning Commission

Brent Jones Planning and Zoning Commission

b Swearing in of Judge – Presiding Judge Richard Weinberg

Name

Kristopher Colley

Mayor Tauer recognized Boy Scout Troop #3.

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

Vladimir Reingevurts, Aurora, Colorado, expressed concerns regarding the City’s overdevelopment of residential properties and the subsequent steady decline in value.

Mayor Tauer directed Mr. Reingevurts to speak with Nancy Freed, Deputy City Manager, regarding his concerns.

8. ADOPTION OF THE AGENDA

The agenda was adopted as presented with item 9c deferred to the March 23, 2009 City Council meeting.

9. CONSENT CALENDAR - 9a-9e

General Business

a. Consideration to AWARD A SOLE SOURCE CONTRACT to Sungard HTE, Inc., Lake Mary, Florida in the not to exceed amount of $85,522.80 for annual software maintenance for the Aurora Water billing system for 2009.

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

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

b. Consideration to AUTHORIZE MAYOR TO EXECUTE EASEMENTS to Public Service Company of Colorado for construction and maintenance of a 230/115kV transmission line within North Satellite facility and adjacent city owned property situated in SW 1/4 of Section 29, T3S, R66W, Adams County, CO

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

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

c. Consider to AWARD A SOLE SOURCE CONTRACT to Waste Management of Colorado, Incorporated, Englewood, Colorado in an amount not to exceed $211,830.00 for landfill dumping fees through March 31, 2010.

DEFERRED TO THE MARCH 23, 2009 CITY COUNCIL MEETING.

d. Consideration to AWARD A SOLE SOURCE CONTRACT to Therm Tec Inc, Tualatin, Oregon, in the amount of $96,884.00 for the purchase of an animal cremation unit for the Aurora Animal Shelter

Motion by Markert, second by Peterson, to approve item 9d.

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

e. Consideration to AWARD A SINGLE SOURCE CONTRACT to L.L. Johnson Distributing Company, Denver, Colorado in the not to exceed amount of $138,000.00 to cover the cost of Toro brand repair parts and services as required through February 28, 2010.

Motion by Markert, second by Peterson, to approve items 9e.

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

10. RESOLUTIONS

♦ a. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, ordering a Public Hearing on the City Center II Blight Study.

Moira Dungan, Urban Renewal Office, gave a brief summary of the item, noting the study determined eleven factors of blight in the area.

Motion by Beer, second by Wallace, to approve item 10a.

Council Member Markert would not support the item because declaring an undeveloped area owned by a developer as blight did not set a good precedent.

Council Member Peterson concurred.

Council Member Hogan stated the blight determination included the area east of Chambers Road from Exposition to Tollgate, and included developed sites. Ms. Dungan agreed the blighted area included two retail centers, noting one of the factors including them in the blight was vacancy rates. Council Member Hogan noted this did not relate to only one property owner. Ms. Dungan noted eleven property owners were involved.

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

Voting Nay: Markert, Peterson

11. ORDINANCES FOR INTRODUCTION

♦ a. Consideration of an ORDINANCE FOR INTRODUCTION amending Section 102-238 of the City Code of the C3ity of Aurora, Colorado, relating to the composition of the police “Old Hire” pension board and adjusting the designation of a quorum

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

Council Member Hogan noted the proposed change primarily recommended the City’s Internal Auditor as a tie breaker.

John Gross, Finance Director, concurred.

Council Member Hogan asked if that matched with any of the City’s other existing Pension Plans. Mr. Gross answered affirmatively, noting the basic purpose of the change was to match the make-up of the Old Hire Police Pension Plan and the Old Hire Fire Pension Plan. Council Member Hogan asked if any other options were proposed. Mr. Gross noted there were currently six members, three elected by the membership, two from administration and one appointed by the Mayor. The alternative option was for the existing six members to select the seventh member. Council Member Hogan asked if a third option was considered. Mr. Gross answered no.

Council Member Frazier clarified an additional third option of City Management choosing a third independent party was considered but was ultimately rejected by the committee.

Don James, Aurora, Colorado, representing the Aurora Police Association, spoke in opposition to the item. He explained the proposed ordinance would provide an unwarranted and unneeded advantage to the City. The Association supported a more equitable and fair modification that would provide a better solution to everyone involved.

Steve Neumeyer, Aurora, Colorado, member of the Board of Trustees of the Aurora Police Pension Fund, spoke in opposition to the item. He encouraged Council to support a revision that would allow the two sides to choose the seventh member.

William Bell, Aurora, Colorado, member of the Board of Trustees of the Aurora Police Pension Fund, spoke in opposition to the item. He related information was provided denoting actions taken by the trustees that were inconsistent with prior confirmed trustees’ actions. Subsequently, he planned to make a motion to rescind the September 3^, 2008 vote involving a .5 percent increase in member’s monthly benefit. He pointed out no harm was done as the vote was not yet implemented. He requested Council deny the item, but noted if it were to be approved, that it be approved in a more equitable and fair manner.

Council Member FitzGerald noted the trustees approved a benefit raise the City felt was inappropriate and unauthorized. Mr. Bell concurred. Council Member FitzGerald asked if that was the amount the trustees wanted rescinded. Mr. Bell answered affirmatively, noting he made the original motion, and based upon the information provided, he would make a motion to rescind the vote. Council Member FitzGerald asked Mr. Bell if he felt the motion would pass. Mr. Bell believed so. Council Member FitzGerald asked Mr. Bell to speak to the possibility of the City being forced to pay for the Pension Board’s attorney should litigation ensue. Mr. Bell did so, and expressed his understanding it was a moot point. Council Member FitzGerald discussed the need for respectful and civil dialogue.

Mayor Tauer noted prior to the ordinance coming before Council the board had a motion to hire a separate attorney. Mr. Bell concurred. Mayor Tauer noted it would be changed this evening, but was not changed previously. Mr. Bell concurred.

Michael Schultz, Aurora, Colorado, member of the Board of Trustees of the Aurora Police Pension Fund, spoke in opposition to the item. He recommended the GERP model by used if it was determined the board needed a seventh member. Doing so would provide much needed public transparency and community input.

Bob Ukowich, Aurora, Colorado, spoke in opposition to the item. He contended this ordinance benefitted the City rather than the board.

Michael Katz, Denver, Colorado, spoke in opposition to the item. He discussed the make-up of the Old Hire Pension Board and the concern of continual tie votes and suggested the addition of an additional member from the City was biased and unfair. He discussed governing agencies paying attorney fees for the same governing agency, and the violation of fiduciary responsibilities by certain board members. He contended appointing an independent person to the board would avoid potential litigation.

Council Member Peterson suggested Mr. Katz’s negative testimony and litigation threats did not serve the Pension board. She noted she and many others were working to provide an equitable solution to a contentious situation.

Council Member FitzGerald expressed concerns regarding the negative testimony. He pointed out the ordinance would add the Internal Auditor as the seventh member, and asked Mr. Katz if he agreed Council had the authority to pass the ordinance. Mr. Katz answered no. Council Member FitzGerald asked why that was so. Mr. Katz stated the requirements were that the pension board and pension members approve the vote, and the motion to do so failed on a tie vote. Council Member FitzGerald asked Mr. Katz if he agreed Council had a fiduciary duty to Aurora citizens to apply their tax dollars properly. Mr. Katz answered affirmatively.

AMENDMENT 1

Motion by Peterson, second by FitzGerald, to amend item 11a to allow the seventh member to complete the same application process as any other board or commission volunteer and then be approved by City Council.

Charles Richardson, City Attorney, pointed out the motion implies City Council would appoint the seventh person. Council Member Peterson concurred.

VOTE ON AMENDMENT

Voting Aye: FitzGerald, Markert, Peterson, Wallace

Voting Nay: Beer, Broom, Frazier, Hogan, Sandstrom

Council Member Hogan asked staff if the Internal Auditor was recommended as the seventh member because it was similar to the Fire Old Hire. Mr. Gross answered affirmatively. Council Member Hogan noted concerns have been raised regarding the bias of that appointment and asked staff to discuss why that was not a concern in this case. Mr. Gross did so, noting the position of Internal Auditor was designed to operate independently from any other department in the City. Council Member Hogan asked staff to speak to the chain of command in the City as it relates to the Internal Auditor. Mr. Gross did so, noting the Internal Auditor effectively reports to the City Manager. Council Member Hogan asked if the Internal Auditor had the ability to circumvent the City Manager if necessary. Mr. Gross answered affirmatively, noting the Internal Auditor was required to go directly to the Management & Finance Committee if issues requiring Council attentions arose.

Council Member Frazier asked staff if the board has discussed the issue of adding a seventh independent member. Mr. Gross answered affirmatively, noting both the ordinance and concept were discussed, but no action was taken. Council Member Frazier asked if the idea was purely conceptual rather than a concrete option for consideration. Mr. Gross noted it has not been formally proposed. He suggested that was due to the anticipation of a tie vote regardless of the proposal.

Council Member Sandstrom expressed appreciation to those speakers present this evening and condolences for the recent loss of their pension board member. She noted the goal of this ordinance was to establish effective administration of the board by matching the current, successful makeup of the Old Hire Fire board. She supported the motion and asked Council to do the same.

Mayor Tauer pointed out the plan benefits were pre-described. Mr. Gross concurred.

Council Member Hogan asked Mr. Richardson if it was his opinion that City Council has the authority to make a change to the Board of Trustees. Mr. Richardson answered affirmatively.

AMENDMENT 2

Motion by Peterson, second by Wallace, to amend item 11a, to allow the six existing board members to appoint the seventh board member.

Council Member Beer supported the amendment. He expressed his disapproval at the elected uniform board members’ attempted actions in this matter. He noted the gross disrespect shown to a Council member was inexcusable. He suggested for Council to respond to those actions by changing the composition of the board in a unilateral manner only added to the discourse. It was his opinion the six existing members could work together in good faith to choose a highly qualified seventh member which would result in a better functioning board for the long run.

Council Member Frazier supported the amendment. He has made it clear he would support either direction but supported the initial recommendation of staff. He stated the current operation of the board was ineffective thereby necessitating action. He expressed his preference to allow the board to make the decision to take their own action. He recognized the strong belief that inaction, as a result of a tie vote, would occur but he suggested the board be allowed the opportunity to prove whether they could act on their own behalf.

Council Member Markert asked Council Member Frazier if he was amenable to adding a 60 or 90 day time limit to the process. Council Member Frazier agreed he would like a provision in the amendment to state if the board was unable to come to a decision, the item would come back to Council for decision.

Council Member Wallace echoed comments regarding the board’s disrespectful treatment of a Council member, and asked that board to genuinely work together to mitigate this concern.

Mr. Richardson stated rather than codify an ordinance that dealt with such a short time frame; he recommended the item be deferred until the recommended time period. This could be done with direction to the board to work diligently to recommend a mutually agreed upon seventh member.

SUBSTITUTE MOTION

Motion by Peterson, second by Wallace, to defer item 11a, to the May 4, 2009 City Council meeting, with direction to the board to work on recommending a seventh member.

Council Member Hogan suggested the seventh member have defined benefit experience.

VOTE ON SUBSTITUTE MOTION

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

DEFERRED TO THE MAY 4, 2009 CITY COUNCIL MEETING

12. PLANNING MATTERS

♦ a. PUBLIC HEARING to consider a CONDITIONAL USE to have a self-storage facility in an M-1 Zone and a Site Plan Amendment to add 12 new self storage and RV storage buildings generally located at the Southeast Corner of E. 6th Avenue and Laredo Street. (National Storage at 6th Avenue and Laredo).

Stephen Rodriguez, Planning, gave a presentation of the item. This item was called up by Council Member Beer. He addressed changes the applicant made to the plan.

Council Member Beer asked staff to characterize discussions between the applicant and staff related to the applicant’s proposed CMRS facility. Mr. Rodriguez did so, noting the applicant originally proposed a CMRS facility on the site plan amendment which was not where it was called out on the site plan. Staff asked that location be clarified. The applicant chose not to do so therefore staff recommended the applicant remove all CMRS facility details from the site plan amendment. Council Member Beer asked if the applicant agreed to do so. Mr. Rodriguez answered affirmatively. Council Member Beer asked if the proposed plan called out a CMRS facility. Mr. Rodriguez answered no.

Taylor Goertz, Highlands Ranch, Colorado, representing the applicant, was available for questions.

Stephanie Thomas, Englewood, Colorado, representing the applicant, was available for questions.

Council Member Beer asked if the applicant agreed with Mr. Rodriguez’s representation regarding the removal of the CMRS facility from the plan. Mr. Goertz answered affirmatively.

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

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

Voting Nay: Peterson

13. RECONSIDERATIONS AND CALL-UPS

None.

14. GENERAL BUSINESS

None.

15. REPORTS

a. Report by the Mayor

b. Reports by the Council

Council Member Peterson related her recent attendance at a Hinckley High School award ceremony where students who scored advanced placement for the 2008 CSAPs were honored.

Council Member Markert expressed her appreciation to the 13,051 volunteers throughout the City who provide in excess of $3M in services to the City. She invited everyone to attend the Grand Opening of Kohl’s and Qdoba at the Gardens on Havana scheduled for 8:00 a.m. Wednesday, March 4, 2009.

Council Member Sandstrom noted Qdoba was currently open at that location. She wished her father a happy 80^th birthday.

Council Member Wallace expressed appreciation to Richard White for his dedication as president of the Del Mar Neighborhood Organization.

Council Member Beer related a recent Read Across America Day event where he had the pleasure of reading to children at Aurora Academy in observance of Dr. Seuss’ birthday. He invited all those interested in attending to his Ward III Town meeting scheduled for Wednesday, March 4, 2009 at 7:00 a.m. at the Village Inn located at 921 South Havana and the regular Ward III Town meeting scheduled for Wednesday, March 11, 2009 at 7:00 p.m. in the City building.

16. PUBLIC INVITED TO BE HEARD

None.

17. ADJOURNMENT

Mayor Tauer adjourned the regular meeting of City Council at 8:59 p.m.

_______________________________________

EDWARD J. TAUER, Mayor

ATTEST:

________________________________________

DEBRA JOHNSON, City Clerk