Meeting Minutes @ AuroraGov.org

Mayor Tauer invited Dr. Randy Stith and Larry Davila, Aurora Mental Health Board President, to come forward to accept the proclamation. Mayor Tauer read the proclamation declaring the month of May Mental Health Month. Both Dr. Stith and Mr. Davila expressed appreciation for the proclamation.

b. Proclamation declaring May 17 - 23, 2009 as Emergency Management Services Week

Mayor Tauer invited David Patterson, Division Manager, Rural Metro, and Chief Mike Garcia, Aurora Fire Chief, to come forward to accept the proclamation. Mayor Tauer read the proclamation declaring May 17 - 23, 2009 as Emergency Management Services Week. Both Chief Garcia and Mr. Patterson expressed appreciation for the proclamation.

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

Ayshia Gold, Aurora, Colorado, expressed concerns regarding the City’s present policy on limiting Ice Cream Vendor locations. She noted she was an Aurora resident who was forced by code to conduct business in neighboring municipalities despite a voiced demand within her own neighborhood.

Mayor Tauer noted City Council recently reviewed that law and due to safety and enforcement concerns, revised it to only allow ice cream vending in certain Aurora parks and ball fields. He referred Ms. Gold to Nancy Freed, Deputy City Manager of Operations, to determine those locations.

8. ADOPTION OF THE AGENDA

The agenda was adopted as presented.

9. CONSENT CALENDAR - 9a-9d

General Business

a. Consideration to AWARD A COMPETITIVELY BID CONTRACT to Ironwood Earthcare, Inc., Aurora, Colorado in the not to exceed amount of $51,300.00 for the Tree Pruning, Removal & Recycling Services through Tree Abatement program, Project #5178A.

b. Consideration to AWARD AN OPENLY SOLICITED CONTRACT to Portable Computer Systems, Denver, Colorado in the not to exceed amount of $315,000.00 for the purchase and installation of replacement mobile data computers for the Police and Fire Departments through December 2009. (RFP #R-1408).

c. Consideration to AWARD A COMPETITIVELY BID CONTRACT to Gray Oil, Fort Lupton, Colorado in the not to exceed amount of $2,400,000.00 to cover the cost of motor vehicle fuel as required citywide in 2010.

Motion by Broom, second by Hogan, to approve items 9a – c.

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

d. Consideration to REMOVE one member from the Board of Adjustments and Appeals

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

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

10. RESOLUTIONS

♦ a. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, approving an Intergovernmental Agreement between the City of Aurora and the Colorado Department of Transportation for the Phase 1 construction of the I-225/Colfax/17th Place Split Diamond Interchange.

Mayor Tauer asked staff if, due to the timeliness of the project, a waiver of reconsideration was necessary

Dave Chambers, Director of Public Works, answered affirmatively.

Motion by Beer, second by Broom, to approve item 10a, with a waiver of reconsideration.

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

♦ b. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, authorizing an exception to the City Investment Policy

Motion by Hogan, second by FitzGerald, to approve item 10b, with a waiver of reconsideration.

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

♦ c. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, authorizing the taking of action and the execution and delivery of documents in connection with the Certificates of Participation, Series 2008A, issued in connection with the lease purchase agreement dated as of June 1, 1994, as amended, between the City and Aurora Capital Leasing Corporation.

Motion by Sandstrom, second by Peterson, to approve item 10c, with a waiver of reconsideration.

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

♦ d. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, Adopting a Revised Investment Policy

Motion by Peterson, second by Pierce, to approve item 10d, with a waiver of reconsideration.

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

♦ e. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, terminating the Urban Renewal Plan for the City Center Urban Renewal Area.

Motion by FitzGerald, second by Wallace, to approve item 10e, with a waiver of reconsideration.

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

Voting Nay: Markert, Peterson

11. PUBLIC HEARING WITHOUT RELATED ORDINANCE

♦ a. PUBLIC HEARING and consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, adopting an Urban Renewal Plan for the Redevelopment of the City Center II Urban Renewal Area

Moira Dungan, Urban Renewal Division Manager, gave a brief presentation of the item. This was an opportunity for the public to be heard on the Urban Renewal Plan proposed by resolution to be adopted by Council after being declared blight.

Motion by Beer, second by FitzGerald, to approve item 11a.

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

Voting Nay: Markert, Peterson

12. ORDINANCES FOR INTRODUCTION

♦ a. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, Amending Section 102-238 of The City Code of the City of Aurora, Colorado, Relating to the Composition of the Police “Old Hire” Pension Board and Adjusting the Designation of a Quorum.

Motion by Broom, second by Peterson, to introduce item 12a.

Council Member Sandstrom opposed the “Old Hire” Pension Board structure. She expressed appreciation to the Board for their efforts in determining the seventh member, but noted she did not think this was best for the organization of the Board. She noted doing so placed all of the decision-making power into the hands of one appointed individual and no other board or commission realizes that autonomy. She contended the “Old Hire Fire Pension” board works well and all contentious issues have been resolved amicably. She suggested better options were available.

Council Member Markert raised issues of law and asked staff if Council would be approving a process that would delegate their state given laws.

Charles Richardson, City Attorney, answered affirmatively, noting passing this ordinance would create that kind of delegation.

Council Member Markert concurred with Council Member Sandstrom’s comments.

Mayor Tauer asked if Council Member Markert’s concern regarding delegation could be changed in the future. Mr. Richardson answered affirmatively.

Council Member Hogan asked if discussions were realized relating to the board appointed trustee being required to have a background in Defined Benefit Retirement Plan.

John Gross, Finance Manager, answered affirmatively, explaining the “Old Hire” Police Pension Board also created a job description which included that background as a desired characteristic.

Council Member Hogan noted that description could be changed at the Board’s discretion, and suggested it be added to the ordinance to ensure the requirement remains. Mr. Richardson noted Council Member Hogan’s desire for more specific qualifications for the seventh member could be inserted at the time of filing and would not be deemed as a substantive amendment. Council Member Hogan expressed his interest in doing so.

Council Member Broom pointed out the Board had seven members and four votes were required to approve or deny an issue therefore more than one person would have decision making power.

Council Member FitzGerald supported Council Member Hogan’s recommendation related to the seventh member’s qualification requirements.

Council Member Peterson noted providing a seventh member who was not a staff member or board member as a tiebreaker opened up a fair playing field.

Voting Aye: Beer, Broom, FitzGerald, Frazier, Hogan, Peterson, Pierce

Voting Nay: Markert, Sandstrom, Wallace

♦ b. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, amending sections 2-351,142-33,142-40, and 142-81 of the City code of the City of Aurora, Colorado, regarding trees and shrubs.

Motion by Wallace, second by Peterson, to introduce item 12b.

Council Member Markert discussed an incident in her Ward where a well intentioned citizen was heavily fined for caring for a City tree, and asked how information regarding tree ownership would be provided to established neighborhoods.

John Wesolowski, Urban Forestry Manager, stated that information was provided in City water bills.

Council Member Markert expressed concerns regarding notification. Mr. Wesolowski agreed staff would work diligently to provide appropriate notification.

Council Member Hogan asked the intent of the ordinance. Mr. Wesolowski discussed the licensing requirements and trees and shrubs located on City property and within the right-of-way that were unlawfully removed, damaged or otherwise destroyed.

Council Member Sandstrom asked Mr. Wesolowski to define “City tree”. Mr. Wesolowski did so, noting, a City tree would be a tree located within the tree lawn between the curb and the sidewalk or within the right-of-way. Council Member Sandstrom asked what would happen if a citizen topped off a City tree located in front of their house. Mr. Wesolowski explained each event was handled on a case-by-case basis and when warranted, a summons would be issued.

Council Member Broom asked staff if a citizen could pick up felled branches from a City tree and/or remove an overhanging branch damaged by an ice storm. Mr. Richardson answered affirmatively to the former, and assured Council reasonable discretion would be practiced in this concern.

Council Member Beer pointed out if enforcement of this ordinance was as arbitrary as presented by staff then future effort was necessary.

Mayor Tauer pointed out it appeared as though notification of tree ownership and what was and was not allowed or prohibited remained unclear.

Mr. Wesolowski stated it was not unclear, but was simply a matter of providing the public with accurate information.

Mayor Tauer expressed his understanding that staff was aware of the tree ownership and asked how citizens would be made aware and whether the rules were consistent throughout neighborhoods. Mr. Wesolowski stated trees located within the right-of-way belong to the City and those on private property do not. Mayor Tauer asked the consistency of the neighborhood right-of-ways throughout the City. Mr. Wesolowski stated it was determined according to neighborhood.

Council Member Beer asked if the City had a written Tree Plan. Mr. Wesolowski answered affirmatively. Council Member Beer asked if that information could be provided a citizen calling to question ownership of a tree. Mr. Wesolowski answered affirmatively.

Council Member FitzGerald asked if the proposed ordinance removed the loan program. Mr. Wesolowski answered affirmatively, explaining the loan program could be offered but not through City code. He noted a repayment plan was available to all citizens with no income requirements. Council Member FitzGerald asked if related appeals were sent to the City Manager rather than City Council. Mr. Wesolowski answered affirmatively.

Council Member Hogan asked who owned trees located within a Metro District. Mr. Wesolowski stated the Metro District or HOA.

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

Voting Nay: Sandstrom

♦ c. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, amending Subsections 50-34(c), 50-252(5) and 50- 255(a)(l) of the City Code of the City of Aurora, Colorado relating to court fees.

Motion by Pierce, second by Hogan, to introduce item 12c.

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

♦ d. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado authorizing the acquisition by eminent domain of fee and easement interests in real property situated in the County of Adams, State of Colorado, for the purpose of constructing the I-225/Colfax/17th Place Interchange.

Motion by Broom, second by Peterson, to introduce item 12d.

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

13. RECONSIDERATIONS AND CALL-UPS

None.

14. GENERAL BUSINESS

a. Consideration to appoint one member to a three-year term on the Human Relations Commission.

Motion by Markert, second by FitzGerald, to appoint Janice McDonald to the Human Relations Commission.

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

b. Consideration to appoint five members to a three-year term on the Library Board.

Motion by Markert, second by Hogan, to appoint Tom Beecroft, Judith Holtus, Leigh Lyon, Carol Anne Tarrant, and Laurie McKee to the Library Board.

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

c. Consideration to reappoint two members to a three-year term on the Open Space Board.

Motion by Broom, second by FitzGerald, to reappoint Pricilla Jackson and James Rogers to the Open Space Board.

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

15. REPORTS

a. Report by the Mayor

b. Reports by the Council

Council Member Peterson invited all those interested in attending to the Cops Fighting Cancer event scheduled for Saturday, May 23, 2009 at the Crowne Plaza City Center Hotel at 6:30 p.m.

Council Member FitzGerald related his enjoyment during his recent attendance at the Arapahoe Little League Opening weekend.

Council Member Markert invited everyone to attend the Memorial Day Veteran Ceremony held at the City building East Campus at 11:45 a.m., the Ward IV meeting scheduled for Thursday, May 28, 2009 at the Stampede from 5:00 p.m. to 7:00 p.m. and those living east of 225 and south of Mississippi to a development proposal meeting held at the City building on Thursday, May 21, 2009 at 6:30 p.m. regarding Amazing Jakes.

Council Member Pierce related his recent attendance of the Cardiovascular Tower dedication at the Medical Center of Aurora

Council Member Sandstrom related her recent experience presenting Trig Star Awards to local High School students and expressed congratulations to Rangeview High School students, Sierra Morales and Remmy Nguyen, for winning the Metro Mayor’s and Commissioners Youth Award. These students overcame incredible diversity to graduate from high school.

Council Member Wallace invited all those interested in attending to the Recreation Task Force Group meeting scheduled for Wednesday, May 20, 2009 from 6:00 p.m. to 7:30 p.m. at the Morehead Recreation Center, and to the Ward 1 meeting scheduled for Wednesday, May 21, 2009 at the MLK Library at 6:30 p.m.

Council Member Beer related his enjoyment when attending the recent Arapahoe Little League Opening Day, and expressed congratulations to Nate Obey for receiving the Arapahoe Little League Lifetime Achievement Award.

16. PUBLIC INVITED TO BE HEARD

None.

17. ADJOURNMENT

Mayor Tauer adjourned the regular meeting of City Council at 8:30 p.m.

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EDWARD J. TAUER, Mayor

ATTEST:

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DEBRA JOHNSON, City Clerk