MINUTES

Regular Meeting – Aurora City Council

Monday, June 8, 2009

1. RECONVENE REGULAR MEETING OF JUNE 8, 2009 AND CALL TO ORDER

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

2. ROLL CALL

PRESIDING: Mayor Tauer

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

COUNCIL MEMBER ABSENT: Markert

OFFICIALS PRESENT: City Manager Miller, City Attorney Richardson,

Debbie McKay, Admin. Specialist, City Clerk’s office

3. MOMENT OF SILENCE

4. PLEDGE OF ALLEGIANCE TO THE FLAG

5. APPROVAL OF THE MINUTES OF THE MEETING OF MAY 18, 2009

Motion by FitzGerald, second by Peterson, to approve the minutes of May 18, 2009, as presented.

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

Abstained: None.

6. CEREMONY

a. Swearing in of newly appointed Boards and Commission members

Name Board or Commission

Lisa Napper Aurora Youth Commission

Judith Holtus Library Board

Nadine Caldwell Metro Wastewater Reclamation District Board

Dan Mikesell Metro Wastewater Reclamation District Board

George Dumas Metro Wastewater Reclamation District Board

Presiding Judge Richard Weinberg administered the oath of office to the board and commission members. Mayor Tauer and City Council congratulated the members and thanked them for their service to Aurora.

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

Virginia Wielgot, Aurora, Colorado, expressed her appreciation to Council members and staff regarding bicycle safety progress on Chambers and South Yale. In addition, she outlined several additional ways to improve safety at the intersection, specifically longer traffic light times and new signage.

Van Lewis, Aurora, Colorado, President of Heather Ridge South HOA, updated Council on the status of the Heather Ridge Metro District. He expressed appreciation to Council for aiding in the creation of the District in 2006. He then outlined the Metro District goals and asked Council to continue their support by helping protect the integrity of the District. The District requested the golf course land remain open space and real estate values be protected by not building apartments or condominiums.

Council Member Frazier asked if the United Associations of Heather Ridge group remained active. Mr. Lewis answered affirmatively, noting they worked in conjunction with the Metro District. Council Member Frazier asked Mr. Lewis if he was representing the HOA group today. Mr. Lewis answered no, noting he represented the Metro District.

Council Member FitzGerald noted the Heather Gardens Metro District owned their golf course, and asked Mr. Lewis if that has been considered by the Heather Ridge Metro District. Mr. Lewis noted a meeting on that topic was scheduled for tomorrow.

8. ADOPTION OF THE AGENDA

The agenda was adopted as presented.

9. CONSENT CALENDAR - 9a-9h

General Business

a. Consideration to AWARD A COMPETITIVELY BID CONTRACT to Ameron International, Tulsa, Oklahoma in the amount of $145,314.00 for the purchase of Traffic Mast Arms and Poles, Project No. B-3870.

b. Consideration to AWARD A SOLE SOURCE CONTRACT to Motorola Inc., Schaumburg, IL in the amount of $218,715.00 to provide annual maintenance and upgrades for the City’s Computer Aided Dispatch (CAD) system and the Police Mobile Data Infrastructure System

c. Consideration of A MOTION to Change Name of Code Enforcement Committee to Neighborhood Services Committee.

d. Consideration to EXTEND A COMPETITIVELY BID CONTRACT to Strategy 7 Corp. c/o Old American Inc., Newport Beach, CA in the amount of $52,200.00 for annual IBM Informix database software support for IFAS, Police Records Management and Courts Records Management through June 30, 2010. (B3831).

e. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, calling for a public hearing regarding creation of the Aurora Public Library General Improvement District (Library GID) and directing staff to provide notice to Arapahoe and Adams County officials of the intent, upon voter approval, to form the Library GID and to levy a Library GID property tax, and to provide those officials a legal description of the proposed Library GID area.

Motion by Sandstrom, second by Wallace, to approve items 9a – e.

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

♦ f. Consideration of an ORDINANCE FOR FINAL of the City Council of the City of Aurora, Colorado, Amending subsection 50-170 (B) of the City Code of the City of Aurora, Colorado Relating to Public Defender Applications

♦ g. Consideration of an ORDINANCE FOR FINAL 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

♦ h. Consideration of an ORDINANCE FOR FINAL 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 Hogan, second by Broom, to approve items 9f – h.

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

10. RESOLUTIONS

♦ a. Consideration of A RESOLUTION of the City Council of the City of Aurora, Colorado, approving an Intergovernmental Agreement between the City of Aurora and the State of Colorado for the use and benefit of the Colorado Department of Transportation for design and construction of the Nine Mile Station bicycle / pedestrian bridge at Parker Road and 1-225

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

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

♦ b Consideration of 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 Mississippi Avenue widening, Potomac to I-225

Motion by Beer, second by FitzGerald, to approve item 10b.

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

♦ c. Consideration of A RESOLUTION of the City Council of the City of Aurora, Colorado, approving an Intergovernmental Agreement between the City of Aurora and Arapahoe County, Colorado, for a joint corridor study of Parker Road between Hampden Avenue and E-470.

Motion by Broom, second by Sandstrom, to approve item 10c.

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

♦ d. Consideration of A RESOLUTION of the City Council of the City of Aurora, Colorado, adopting a City Market Based Revenue Opportunities Policy

Motion by Beer, second by Peterson, to approve item 10d.

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

♦ e. Consideration of A RESOLUTION of the City Council of the City of Aurora, Colorado, Concerning the Utilization of 2009 Nexus Funds.

Motion by Peterson, second by Wallace, to approve item 10e.

Council Member Peterson noted the Comitis Crisis Center was in the process of reorganizing a 24/7 facility. She related the value of the two Comitis employees, and pointed out it was in the best interest of the board to maintain those positions.

Council Member Pierce concurred, reiterating the value of Comitis’ services. He noted funding should be discussed once the reorganization for the 24/7 operations was completed.

Council Member FitzGerald requested Nexus Fund data from the Police Department regarding their frequency of use of these services within the last year. Staff agreed to provide that information.

Council Member Wallace supported the item, reiterated the importance of providing 24-hour care to citizens, and noted the board needs to work together to come to an agreement to provide this service. She asked staff to work closely with the board to ensure Council was kept informed of the use of Nexus funds, and expressed appreciation to the Comitis employees for their efforts during the reorganization.

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

11. ORDINANCES FOR FINAL

♦ a. Consideration of an ORDINANCE FOR FINAL 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 Hogan, second by Frazier, to introduce item 11a, as amended.

AMENDMENT 1

Motion by Hogan, second by Frazier, to amend the motion by adding the following language “In the context of the selection of this trustee, the board shall solicit and appoint any individual who has a background and familiarity which demonstrates a knowledge of defined benefit pension plans.”

Council Member Hogan understood this was the case with the proposed individual, but wanted to ensure this requirement was defined in the ordinance.

Council Member Frazier asked how those qualifications would be determined. Council Member Hogan noted that would be left to the Pension Board.

VOTE ON AMENDMENT

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

VOTE ON ORIGINAL MOTION

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

Voting Nay: Sandstrom

♦ b. Consideration of an ORDINANCE FOR FINAL 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 Broom, to introduce item 11b.

Council Member Wallace asked staff to define the item for public review.

John Wesolowski, Urban Forestry Manager, did so, explaining this item simplified the situation by providing clear information regarding the location of City trees and what was expected with regards to maintenance.

Council Member Hogan would not support the ordinance as there was one portion he did not agree with.

Voting Aye: Broom, FitzGerald, Frazier, Peterson, Pierce, Wallace

Voting Nay: Beer, Hogan, Sandstrom

12. PLANNING MATTERS

♦ a. Consideration of an ORDINANCE FOR INTRODUCTION of the City of Council of the City of Aurora, Colorado, vacating that portion of the 25th Avenue Street right-of -way generally located east of Altura Boulevard, west of N. Fairplay Street, between 2450 and 2500 North Altura Boulevard, City of Aurora, County of Adams, State of Colorado

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

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

13 RECONSIDERATIONS AND CALL-UPS

None.

14. GENERAL BUSINESS

a. Consideration to reappoint one member to a three-year term on the Local Licensing Authority.

Motion by Peterson, second by Beer, to reappoint Steve Anderson to the Local Licensing Authority.

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

16. REPORTS

a. Report by the Mayor

Mayor Tauer related the recent visit from the Ugandan Ambassador; noted school was out for the summer and recommended everyone take extra caution when driving as more children would be playing outside.

b. Reports by the Council

Council Member Peterson invited all those interested in attending to the Ward II meeting scheduled for Monday, June 29, 2009 from 7:00 p.m. – 9:00 p.m. in the Aurora Room where Rural Metro and the Aurora Fire Chief would be in attendance.

Council Member FitzGerald related his recent attendance at an Arapahoe County Open Space meeting where the City received significant park funds. He expressed his appreciation to the City’s Parks and Open Space and the Arapahoe County Open Space Departments. He invited all those interested in attending to Utah Park on Thursday, June 11, 2009 at 9:00 a.m. where the Urban Drainage and Flood Control District would provide a demonstration.

Council Member Pierce announced Bike to Work Day was scheduled for Wednesday, June 24, 2009. He noted breakfast stations would be set up throughout the City from 6:30 a.m. – 9:00 a.m. Further information could be found by accessing www.drcog.org. He stated in the month of June, Aurora residents could take paper that needed to be shredded to the Curbside Data Control and Confidential Shredding location at East Colfax and Jasper Street from 8:00 a.m. – 4:00 p.m. every day. He pointed out proof of residency was required.

Council Member Frazier wished his son a happy birthday and wished all students and their families a great summer.

Council Member Broom expressed appreciation to taxpayers for approving the Open Space Sales Tax that Arapahoe County collects as doing so has provided construction funds for several parks and provides for further park development. He noted this item must be extended by voters upon its sunset. He also expressed appreciation to all of the emergency personnel for their efforts related to the recent tornado damage at Southlands Mall.

Council Member Sandstrom further related details regarding the use and amount of Shareback Funds, and expressed appreciation for her recent invitation to the Teen Court’s Annual Recognition Dinner where teen attorneys and judges dealing with citations issued in schools were recognized.

Council Member Wallace expressed appreciation to the District 1 Police Officers for participating in the Pancake Breakfast community event where the Army Reserves cooked pancakes. She related the various events that took place at this event, and noted the National Night Out was scheduled for Tuesday, August 4, 2009 where a celebration will take place at the MLK Library facilities on East Colfax.

Council Member Beer related his attendance at the Pancake Breakfast where a good time was had by all, and announced the Ward 3 Town Meeting scheduled for Wednesday, June 10, 2009 in the Aurora Room where a panel discussion regarding the proposed General Improvement District for libraries would take place.

17. PUBLIC INVITED TO BE HEARD

None.

18. ADJOURNMENT

Mayor Tauer adjourned the regular meeting of City Council at 8:13 p.m.

_______________________________________

EDWARD J. TAUER, Mayor

ATTEST:

________________________________________

DEBRA JOHNSON, City Clerk