Meeting Minutes @ AuroraGov.org

Robert Woods, Aurora, Colorado, complimented Council on the 2009 Goals and Objectives, specifically the goal of improving I-225. He urged Council and citizens alike to continue to pressure their State representatives and the Colorado Department of Transportation to make the necessary safety improvements.

Pat Tudor, Aurora, Colorado, spoke to Council and made a recommendation that the City hire efficiency experts to assess each Departments’ strengths and weaknesses. She discussed the City savings match program. She stressed the importance of libraries and their dedicated employees, explicitly talking to the importance of the Martin Luther King Library in Ward I.

Russell Anderson, Aurora, Colorado, came before Council as a new member of the Aurora business community. He expressed concerns regarding the business licensing process and various violations that have him questioning the practice.

Mayor Tauer directed Mr. Anderson to speak with Deputy City Managers Nicholas and Freed to resolve his concerns.

Jessie Ulibarri, Denver, Colorado, representing “Coloradans for Safe Communities.”, spoke in opposition to the Impound Initiative being proposed for the November 3^rd ballot. He stated the initiative was vague, inefficient, and excessive. He concluded the initiative would be counterproductive to community safety, as it would tie up the Aurora Police Department’s time and budget.

John Houston, Aurora, Colorado, representing “Coloradans for Safe Communities”, spoke in opposition to the Impound Initiative because of its potential for divisive behavior and mistaken impounds. He spoke to erroneous seizures that had taken place in Denver, where the initiative had already passed.

Daniel Hayes, Arvada, Colorado, spoke in favor of the Impound Initiative proposed for the November 3^rd ballot. He gave several scenarios of how the financial and personal dangers of unlicensed drivers on the road were too high to not seek legislation.

Jim Burneson, Aurora, Colorado, listed several grievances that he contended deserved swift answers. He felt that his concerns were not being heard or taken seriously.

Mayor Tauer discussed the necessity of respectful dialogue to conduct professional productive meetings with respectful dialogue.

8. ADOPTION OF THE AGENDA

The agenda was adopted as presented, with item 13a deferred to the August 17, 2009 City Council meeting.

9. CONSENT CALENDAR - 9a-9e

General Business

a. Consideration to AUTHORIZE STAFF TO LOCK FUEL PRICES THROUGH A COMPETITIVE PROCESS that will lead to award of a competitively bid contract with either Chief Petroleum, Colorado Springs, Colorado or Gray Oil, Commerce City, Colorado in the not to exceed amount of $2,400,000.00 to cover the cost of motor vehicle fuel as required citywide for calendar year 2010

b. Consideration to AWARD A SOLE SOURCE CONTRACT to AV Tech Electronics, Inc, Golden, Colorado in the amount of $313,889.95 for the installation of eleven (11) warning sirens, Project Number 5198A.

Motion by Beer, second by Broom, to approve items 9a, with a waiver of reconsideration and 9b.

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

Final Ordinances

♦ c. Consideration of an ORDINANCE FOR FINAL of the City Council of the City of Aurora, Colorado, submitting to a vote of the registered electors of the City of Aurora, Colorado, at the regular municipal election of November 3, 2009. An amendment to Section 3-5(b) of the City Charter concerning terms of City Council Members.

Council Member Peterson did not support the item

Motion by Broom, second by FitzGerald, to approve item 9c.

Voting Aye: Beer, Broom, FitzGerald, Peterson, Pierce, Sandstrom

Voting Nay: Frazier, Peterson

ITEM 9c FAILED ON A VOTE OF 5 TO 2.

♦ d. Consideration of an ORDINANCE FOR FINAL of the City Council of the City of Aurora, Colorado, submitting to a vote of the registered electors of the proposed Pier Point 7 General Improvement District (No. 2-2009) at the regular municipal election of November 3, 2009, a question authorizing the organization of the district, the issuance of district bonds to provide sanitary sewer system improvements, and the levy of property taxes to fund debt service on such bonds.

♦ e. Consideration of an ORDINANCE FOR FINAL of the City Council of the City of Aurora, Colorado, submitting to a vote of the registered electors of the proposed Aurora Public Library General Improvement District (No. 1-2009) at the regular municipal election of November 3, 2009, a question authorizing the organization of the district and the levy of property taxes to provide public library services and improvements within and for the district.

Motion by Peterson, second by FitzGerald, to approve items 9d – e.

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

10. RESOLUTIONS

♦ a Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, for an Intergovernmental Agreement between Arapahoe County and the City of Aurora, for the General Election to be held November 3, 2009.

♦ b. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, for an Intergovernmental Agreement between Arapahoe County and the City of Aurora, for the TABOR notices for the General Election to be held November 3, 2009.

Motion by Peterson, second by FitzGerald, to approve items 10a – b.

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

♦ c Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, for an Intergovernmental Agreement between Adams County and the City of Aurora, for the General Election to be held November 3, 2009.

♦ d. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, for an Intergovernmental Agreement between Adams County and the City of Aurora, for the TABOR notices for the General Election to be held November 3, 2009.

Motion by Broom, second by Pierce, to approve items 10c – d.

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

♦ e Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, for an Intergovernmental Agreement between Douglas County and the City of Aurora, for the General Election to be held November 3, 2009.

Motion by Frazier, second by Pierce, to approve item 10e.

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

♦ f. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, approving an Amendment, No. 03-05.02C, to the 2003 Intergovernmental Agreement between the City of Aurora, Colorado, and the Urban Drainage Flood Control District for Aurora to fund $800,000 for improvements to the sable detention pond.

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

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

♦ g. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, 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 shared funding for the construction of flood control improvements for Side Creek and East Toll Gate Creek with a total projected cost of $651,000 with Aurora's projected share to be $563,000.

Motion by Pierce, second by Peterson, to approve item 10g.

Council Member Sandstrom asked why this item was not split equitably between the City and Urban Drainage.

Larry Catalano, Aurora Water Capital Projects, noted these were extra funds Urban Drainage had leftover in their budget.

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

Voting Nay: Beer

♦ h. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, approving the First Amendment to the memorandum of understanding (MOU) between the City and County of Denver, Colorado, acting by and through its Board of Water Commissioners (Board), the City of Aurora, Colorado, acting by and through its Utility Enterprise (Aurora), and the South Metro Water Supply Authority (Authority), for increased funding with Aurora's share projected to be $320,000 for the Cooperative Water Resource Study.

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

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

♦ i. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, approving the contract by and between the City of Aurora and the Regional Transportation District (RTD) to provide pass through funding assistance for the development of a station area planning study for the Florida Station

Motion by Sandstrom, second by FitzGerald, to approve item 10i.

Voting Aye: Beer, Broom, FitzGerald, Frazier, 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 Article 8 of Chapter 146 of the City Code of the City of Aurora, Colorado, by enacting Sections 146-886 through 146-892 relating to the Havana Street Overlay District.

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

Paul Suss, Aurora, Colorado, representing the Havana Business Improvement District, spoke in favor of the item.

Gayle Jetchick, Aurora, Colorado, representing Havana Business Improvement District, provided the history of the ordinance and spoke in favor of the item.

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

12. ORDINANCES FOR FINAL

♦ a. Consideration of an ORDINANCE FOR FINAL of the City Council of the City of Aurora, Colorado, submitting to a vote of the registered electors of proposed General Improvement District No. 3-2009 (Carriage Place) at the regular municipal election of November 3, 2009, a question authorizing the organization of the district, the issuance of district bonds to construct and install a masonry fence, and the levy of property taxes to fund debt service on such bonds and the maintenance of such fence.

Mayor Tauer clarified this item did not raise taxes but instead moved the item forward to a ballot question for voters to decide. Concerns were voiced regarding the number of petition signatures gathered. Subsequently, Council appointed a Fact Finder to determine the number of valid signatures and the base number of voters in the district. He asked staff to provide a brief summary of the determination.

Charles Richardson, City Attorney, did so, noting the Fact Finder rendered her report and ruled against the petitioners on the striking of 54 names from the denominator, and rejected all other objections to the petition.

Debra Johnson, City Clerk, confirmed the 54 names were not removed because the proponents did not conduct the three prong test as addressed in State statutes. The three prong test has since been considered and the number of names removed from the petition was reduced to 48.

Mayor Tauer asked Mr. Richardson if he concurred with Ms. Johnson’s testimony. Mr. Richardson answered affirmatively, noting this did meet the threshold. Mayor Tauer asked staff if because of the adjustment, the number of verified signatures met the 30 percent requirement.

Ms. Johnson answered affirmatively.

Council Member FitzGerald noted the threshold was met and the vote was now in the hands of the neighborhood.

Nancy Sheffield, Director of Neighborhood Services, concurred.

Mayor Tauer reiterated the need for respectful dialogue.

Geri Nelson, Aurora, Colorado, discussed the petition process. She researched the petitioner list and proposed adding four names back to the list under the law that a voter must reside in the state in order to vote.

Council Member Beer asked staff if a property owner living out of state and registered to vote in that state was ineligible to participate in the election.

Michael Hyman, Assistant City Attorney, answered affirmatively. He confirmed the law imposed a three prong test which states in order to vote in a general election, a person must be registered to vote in general elections in the state, and be one or the other of, a resident of the district or the owner of taxable, real and personal property in the district.

Michael Scott-Smith, Aurora, Colorado, expressed his understanding that the Fact Finder’s determination was that the affidavit was invalid, and he did not understand how this item could move forward.

Debbie Spannuth, Aurora, Colorado, presented and read a letter from Jerry Stinnett, who was opposed to the item, and was unable to attend the meeting this evening.

Council Member FitzGerald asked Ms. Spannuth her estimation regarding the percentage of signatures that have been acquired. Ms. Spannuth stated less than the 30 percent required.

Linda Stuart, Aurora, Colorado, asked Council to vote in accordance with the Fact Finder’s determination.

Carolyn Kruse, Aurora, Colorado, clarified Mr. Hyman was incorrect in his assessment of residency as it was not a requirement to participate in the vote. A citizen living out of state who owned property was eligible to vote on this issue as long as they declared their Colorado address as their primary residence whether they lived in Carriage Place or not. She directed Council’s attention to additional errors in Mr. Hyman’s Memorandum of Legal Authority.

Tyler Monson, Aurora, Colorado, expressed concerns regarding the integrity of the process.

Mayor Tauer asked staff to speak to citizens’ concerns regarding the disparity in the Fact Finder’s determination and the City Clerk’s subsequent adjustment of the finding. Mr. Richardson did so, explaining the proponent had the opportunity to review the Fact Finder’s opinion. She is the beneficiary of a state law that states the final determination of the appropriate numbers, both signatures and the base, were to occur at the hearing this evening, and determined there was still time to legally adjust, by further recheck of property records, the denominator. Mayor Tauer asked Mr. Richardson to speak to the three prong test. Mr. Richardson did so, noting this concern was unprecedented in the history of the Fence Program, and both the City Clerk’s Office and the Community Development Office have recommended this issue go to the appropriate Council Committee in order to clarify these issues and use this as a learning experience.

Council Member Frazier asked if, given the disparity between the Fact Finder’s and City Clerk’s determinations, any effort has been made to obtain further review by the Fact Finder. Mr. Richardson stated not necessarily by the Fact Finder but it was clear that staff should evaluate their response to this concern in the future. Council Member Frazier asked if the Fact Finder’s opinion could be reassessed based on the recent information. Mr. Richardson stated the deadline for the City to certify issues for the Municipal General Election was approaching but there was not a legal reason why a Fact Finder could not be employed again. This item has been intensely reviewed and he would be very surprised if the Fact Finder would call the City Clerk’s Office or the City Attorney’s Office’s actions into question in this regard.

Council Member Beer noted most of the opponents’ assertions relate to the accuracy of the denominator, however, the issue of registering to vote after signing the petition was also raised this evening. He asked staff how that applied to tonight’s question. Mr. Richardson confirmed his office has thoroughly discussed this concern and has determined that, while it might appear to be counter intuitive that someone could register after signing the petition, it was in fact appropriate to do so in the context of a Fence District petition.

Council Member Pierce asked staff to speak to the “cure” period realized in the City with regards to a shortage of petition signatures. Mr. Richardson did so, noting it was not common practice but was provided by the Legislative body in a number of areas. Council Member Pierce expressed his understanding the cure period was realized in this case.

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

Council Member FitzGerald could not support the item because it has become too convoluted. He expressed his displeasure at those who would impugn City staff’s integrity in this case.

Council Member Pierce supported the motion because the 30 percent requirement has been met thereby allowing the Carriage Place residents to vote on the item.

Motion by Beer, second by Frazier, to defer item 12a to the August 17, 2009 City Council meeting.

Council Member Beer asked staff if doing so would provide sufficient time for the City to certify the item to the ballot. Mr. Richardson stated that would be the very last opportunity to do so.

Council Member Frazier expressed concerns regarding the process and from that standpoint, wanted to be sure a second opinion could determine its integrity.

VOTE ON SUBSTITUTE MOTION

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

Voting Nay: Peirce, Peterson

Mayor Tauer reiterated this was a contentious issue and expressed his appreciation to those who worked hard to maintain a cordial dialogue this evening.

13. PLANNING MATTERS

a. PUBLIC HEARING to consider an APPEAL of the Planning Commission's decision to deny a Site Plan Amendment for a 7,765-square-foot addition to the Texaco Express Lube building at 3420 S. Tower Road. (Seven Hills Veterinary Clinic at Seven Hills Plaza). (Case Number 1983-6087-32)

Motion by Sandstrom, second by Frazier, to defer item 13a to the August 17, 2009 City Council meeting.

Council Member Sandstrom noted this item garnered considerable public interest and the applicant has requested the item be deferred.

Voting Aye: Beer, Broom, FitzGerald, Peterson, Pierce, Sandstrom

14. RECONSIDERATIONS AND CALL-UPS

Motion by Frazier, second by Peterson, to call up item 9c for reconsideration at the August 17, 2009 City Council meeting.

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

15. GENERAL BUSINESS

a. Consideration to reappoint one member to a three-year term on the Veterans' Affairs Commission.

Motion by Peterson, second by Broom, to reappoint Robert Yett to the Veterans’ Affairs Commission.

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

b. Consideration to appoint one member to a three-year term on the Building Code & Contractors Appeals and Standards Board.

Motion by Beer, second by Pierce, to appoint Greg Echols to the Building Code & Contractors Appeals and Standards Board.

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

c. Consideration to REMOVE ONE MEMBER from the Aurora Commission for Seniors.

Motion by FitzGerald, second by Sandstrom, to remove Augustin Jazo from the Aurora Commission for Seniors.

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

Voting Nay: Beer

16. REPORTS

a. Report by the Mayor

b. Reports by the Council

Council Member Beer announced the regular First Wednesday Coffee and Conversation meeting was scheduled for Wednesday, August 5, 2009 at 7:30 a.m. at the Village Inn located at 921 South Havana Street. He invited all those interested in attending to the Town Meeting held by At-large Council Members and the Mayor scheduled for Wednesday, August 12, 2009 at 7:00 p.m. at the Aurora Center for Active Adults.

Council Member Sandstrom congratulated her daughter and son-in-law on the recent birth of their son.

Council Member Broom noted, considering the confusion related to the Carriage Place fence issue, there was no way to please everyone. He asked staff to review and better define the 30 percent requirement. This policy was set in place with the understanding that 30 percent of the neighborhood signing showed enough interest to take the item to the voters. He stated a mechanism to determine how many eligible voters were in the district should be in place.

Council Member Frazier invited all those interested in attending to the Town Meeting held by the At-large Council Members and the Mayor scheduled for Wednesday, August 12, 2009 at 7:00 p.m. at the Aurora Center for Active Adults, and reminded everyone to check in on their elderly neighbors and family during these hot summer months. He related his recent experience in taking the National Rifle Association’s Personal Protection Course, which teaches citizens the safe use of firearms in their households, and encouraged interested citizens to participate in this educational opportunity.

Council Member Pierce invited all those interested in attending to the National Night Out scheduled for Tuesday, August 4, 2009 from 5:00 p.m. to 8:00 p.m. at the MLK Library and the Aurora Municipal Center.

Council Member FitzGerald related the success of the recent KidSpree event and expressed appreciation to staff and volunteers who participated in this great community event. He encouraged everyone to attend the upcoming Banks in Harmony events. He expressed congratulations for the efforts of volunteers at the Wild Bird Rescue, and noted the speaker planned for the At-large Council Members’ and the Mayor’s Town Meeting was economist Jim Jacobs.

Council Member Peterson announced the APS Second Annual Back-to-School Kick-Off event scheduled for Saturday, August 1, 2009 at Central High School football field from 8:00 a.m. to noon.

17. PUBLIC INVITED TO BE HEARD

None.

18. ADJOURNMENT

Mayor Tauer adjourned the regular meeting of City Council at 9:27 p.m.

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EDWARD J. TAUER, Mayor

ATTEST:

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DEBRA JOHNSON, City Clerk