MINUTES

Regular Meeting – Aurora City Council

Monday, June 22, 2009

1. RECONVENE REGULAR MEETING OF JUNE 22, 2009 AND CALL TO ORDER

Mayor Tauer reconvened the regular meeting of City Council at 7:32 p.m.

2. ROLL CALL

PRESIDING: Mayor Tauer

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

COUNCIL MEMBER ABSENT: Wallace

OFFICIALS PRESENT: City Manager Miller, City Attorney Richardson,

Acting City Clerk Wasiecko

3. MOMENT OF SILENCE

POST THE COLORS - Civil Air Patrol Cadets of Mile High Squadron and Valkyrie Cadet Squadron

4. PLEDGE OF ALLEGIANCE TO THE FLAG

5. APPROVAL OF THE MINUTES OF THE MEETING OF JUNE 8, 2009

Motion by Peterson, second by FitzGerald, to approve the minutes of June 8, 2009, as amended.

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

Abstained: Markert

6. CEREMONY

None.

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

Father Martin Lally, Aurora, Colorado, President of the “Aurora Warms the Night” Steering Committee, read a heartfelt letter thanking the “Partnership of Aurora City Employees (P.A.C.E.) for food and monetary donations provided to the homeless community.

George Duran, Aurora, Colorado, expressed concerns regarding the lack of tornado response alarms in southeast Aurora. He asked Council to make the safety of the southeastern valley region a priority.

Mayor Tauer stated Public Safety was the City Council’s utmost concern and advised Mr. Duran to speak with the Fire Chief Garcia to discuss the City’s recent plans to remedy the situation.

Ron Miller, City Manager, concurred. He discussed the City’s ongoing preparedness efforts.

Bernie Rogoff, Aurora, Colorado, representing the Colfax Community Network, asked the City for immediate financial support, stating the Colfax Community Network anticipates bankruptcy by July 10, 2009. The Colfax Community Network advocates for and works on behalf of children and families residing in low-income, transient housing (primarily residential motels) along Colfax Avenue by providing information, services and programs to strengthen and improve family and community life.

Mary Susan Spoon, Aurora, Colorado, expressed concerns regarding the anticipated mosquito season and the City’s Mosquito Control Programs.

Mayor Tauer directed Ms. Spoon to speak with Nancy Freed, Operations Deputy City Manager, to alleviate her concerns.

8. ADOPTION OF THE AGENDA

The agenda was adopted as presented.

9. CONSENT CALENDAR - 9a-9f

General Business

a. Consideration to AWARD A SINGLE SOURCE CONTRACT to Johnson Controls, Inc., Littleton, Colorado in the amount of $97,328.00 to provide additional card reader security access controls on various doors and provide additional duress buttons at selected locations in the Aurora Municipal Center

b. Consideration to EXTEND AN OPENLY SOLICITED CONTRACT to Bart's Interiors, Incorporated Aurora, Colorado in the amount not to exceed $85,000.00 for floor covering services on an as needed basis through June 30, 2010.

c. Consideration to EXTEND AN OPENLY SOLICITED CONTRACT with Coating Management Services, Fort Collins, Colorado in the not to exceed amount of $95,000.00 for fire hydrant cleaning and painting services. R-1317.

d. Consideration to AWARD A COMPETITIVELY BID CONTRACT to K.R. Swerdfeger Construction, Inc., Pueblo West, Colorado in the amount of $824,338.00 for construction of the Westerly Creek Sanitary Sewer Realignment Project, Project Number 5162A.

e. Consideration to AWARD A COMPETITIVELY BID CONTRACT to Edge Contracting, Inc., Golden, Colorado in the amount of $591,649.00 for construction of the Side Creek Erosion Abatement Project, Project Number 5177A.

f. Consideration to AWARD A SOLE SOURCE CONTRACT to Sungard Public Sector Inc., Chico, California in the amount of $51,525.40 for annual support of IFAS software through June 30, 2010

Motion by Markert, second by Hogan, to approve items 9a – f.

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

10. RESOLUTIONS

♦ a. Consideration to APPROVE RESOLUTION of the City Council of the City of Aurora, Colorado, approving an amendment to the Tax Increment Financing provision of the City Center II Urban Renewal Plan.

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

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

♦ b. Consideration to APPROVE A RESOLUTION by the City Council of the City of Aurora, Colorado, Declaring the City's intent to continue to provide Fire Protection and Emergency Services to the property and persons of "Tyndall Green" should an order issue excluding the property from the Cunningham Fire Protection District.

Motion by Markert, second by Pierce, to approve item 10b.

Council Member Markert expressed her appreciation to all those involved in establishing this resolution.

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

♦ c. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, Authorizing the execution of the First Amendment to the Intergovernmental Agreement between the City and Aurora High Point at DIA Metropolitan District (F/K/A Colorado International Center Metropolitan District No. 2).

Motion by Peterson, second by Hogan, to approve item 10c.

Council Member Sandstrom expressed appreciation to staff for providing additional information on this item.

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

♦ d. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, setting the date of a public hearing concerning the organization of Pier Point General Improvement District 2-2009 and ordering publication and mailing of the notice of hearing to Electors of the proposed District. 

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

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

♦ e. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, setting the date of a ,public hearing concerning the organization of General Improvement District no. 3-2009 (Carriage Place) and ordering publication and mailing of the notice of hearing to electors of the proposed district.

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

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

♦ f. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, Authorizing the Director of Finance to cause the Termination of Interest Rate Hedge Facilities, or Swaps, and take related action in connection with the Certificates of Participation, series 2008A, in the lease purchase agreement dated as of June 1, 1994, as amended, between the City and Aurora Capital Leasing Corporation; and declaring the City's intention to reimburse itself from proceeds of additional Certificates of Participation for the costs of such termination.

Motion by Peterson, second by FitzGerald, to approve item 10f.

Council Member Sandstrom asked for clarification regarding a waiver of reconsideration.

AMENDMENT 1

Motion by Peterson, second by FitzGerald, to approve item 10f, as amended to include a waiver of reconsideration.

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

11. ORDINANCES FOR INTRODUCTION

♦ a. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, Amending provisions of Article 14 of Chapter 146 of the Aurora Municipal Code which article pertains to landscaping.

Motion by Peterson, second by Beer, to introduce item 11a.

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

♦ b. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, Amending Section 138-439 of the City Code of the City of Aurora, Colorado Regarding prohibited Stormwater discharges

Motion by Broom, second by Pierce, to introduce item 11b.

Council Member Markert asked for clarification regarding the ordinance language.

Joe Stibrich, Deputy Director, Water Resources, agreed the language was confusing. He noted the State requested the language and adhering to that request made the ordinance consistent with the State’s stormwater permit.

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

♦ c. Consideration for an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, concerning the Public Safety Lease Purchase Agreement dated as of May 1, 2002, as amended, between the City of Aurora, Colorado, as lessee, and Aurora Capital Leasing Corporation, as lessor; authorizing the execution of an amendment to the Lease Purchase Agreement; approving not to exceed $7,000,000 principal amount of refunding certificates of participation, series 2009B in connection therewith; authorizing officials of the City to take all action necessary to carry out the transactions contemplated hereby; and related matters

Motion by Peterson, second by FitzGerald, to introduce item 11c.

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

♦ d. Consideration for an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, concerning the Lease Purchase Agreement dated as of June 1, 1994, as amended, between the City of Aurora, Colorado, as lessee, and Aurora Capital Leasing Corporation, as lessor; authorizing the execution of an amendment to the Lease Purchase Agreement; approving not to exceed $180,000,000 principal amount of refunding certificates of participation in connection therewith; authorizing officials of the City to take all action necessary to carry out the transactions contemplated hereby; and related matters.

Council Member Broom asked for clarification regarding the statement, “maximum new debt of $40M” and asked staff if COPs were considered debt.

Mike Shannon, Debt & Financing Administration, stated the $40M related to the issuance of new monies to finance general street improvements. Doing so would take advantage of current low interest rates.

Council Member Broom asked if this item would return to Council prior to those details being determined. Mr. Shannon answered affirmatively.

Motion by Peterson, second by Pierce, to introduce item 11d.

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

12 RECONSIDERATIONS AND CALL-UPS

None.

13. GENERAL BUSINESS

a. Consideration to reappoint one member to a three-year term on the Parks & Recreation Advisory Board.

Motion by Pierce, second by Beer, to reappoint Kelly Schilling to the Parks & Recreation Advisory Board.

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

b. Consideration to reappoint one member to a three-year term on the Public Defender Commission.

Motion by Markert, second by Peterson, to reappoint Deborah Dawkins to the Public Defender Commission.

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

c. Consideration to appoint one member to a three-year term on the Aurora Commission for Seniors.

Motion by Peterson, second by FitzGerald, to appoint Ronda Bollwahn to the Aurora Commission for Seniors.

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

d. Consideration to appoint one member to a three-year term on the Library Board.

Motion by Markert, second by Pierce, to appoint Kathy Groth to the Library Board.

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

14. REPORTS

a. Report by the Mayor

Mayor Tauer invited everyone to attend the City’s Fourth of July Fireworks show. The fireworks were launched from Bicentennial Park and could be viewed from many nearby areas. This was a wonderful family event and further details could be found on the City website. He wished everyone a happy 4th of July.

b. Reports by the Council

Council Member Beer noted the City Council’s next meeting date of July 13, 2009. He invited all those interested in attending to the Ward III Town Meetings scheduled for Wednesday, July 1, 2009, at Village Inn located at 921 South Havana Street at 7:30 a.m., and Wednesday, July 8, 2009 in the Aurora Room at 7:00 p.m. where a presentation on the importance of colleges and universities in Aurora would be provided. He wished his daughter a happy 15^th birthday.

Council Member Sandstrom wished her son a happy 21^st birthday.

Council Member Frazier wished everyone a happy 4^th of July.

Council Member Pierce reminded everyone of the Annual Bike-to-Work-Day scheduled for Wednesday, June 24, 2009. He noted a list of breakfast stations found throughout the city was listed at www.drcog.org. He invited everyone to attend the City’s Annual July 4^th Fireworks display which could be viewed from the great lawn and various nearby locations.

Council Member Markert invited all those interested in attending to the Ward IV meeting scheduled for Thursday, June 25, 2009 at Latta’s Bagels located at 15290 East Iliff Avenue at 7:00 a.m., and to the Original Aurora Community Integration Collaborative’s presentation of the series”Adventure in Diversity” scheduled for Wednesday, July 29, 2009 from 6:00 p.m. to 8:00 p.m. at the Colorado Film School on the Community College of Aurora campus, Lowry Building 965. She noted all Aurora pools, with the exception of Pheasant Run, were open.

Council Member FitzGerald related his recent attendance at the Fields Wolfe Memorial Fund Justice Awards presentation.

Council Member Peterson invited all those interested in attending to the Ward II Town Meeting scheduled for Monday, June 29, 2009 in the Aurora Room from 7:00 p.m. to 9:00 p.m. where Public Safety would be discussed.

15. PUBLIC INVITED TO BE HEARD

None.

16. ADJOURNMENT

Mayor Tauer adjourned the regular meeting of City Council at 8:15 p.m.

_______________________________________

EDWARD J. TAUER, Mayor

ATTEST:

________________________________________

DEBRA JOHNSON, City Clerk