Meeting Minutes @ AuroraGov.org

Duane Senn, Aurora, Colorado, informed the City that the “Capital Impact Fee” initiative was well received by residents, but due to legal technicalities the effort will be halted. Mr. Senn continued by describing the importance of increasing the capital impact fees, noting the existing residential growth and the looming budget shortfall.

Greg Gibson, Aurora, Colorado, spoke to Council on the closing of the Pheasant Run Pool. He noted that the community would be wounded by the closing, and it could even affect their property values.

Sania Skakich-Scrima, Aurora, Colorado, addressed Council to reiterate the concerns surrounding the closing of the Village Green Pool. She stated that the Village Green Pool serves a dense and diverse four mile community and yet bears the least expensive City subsidy ($10,000). She declared that the City needs to explore more revenue generating ideas for all City recreation.

Joseph Soto, Aurora, Colorado, spoke to Council on the recent passing of Senator Edward Kennedy. He listed the many highlights of the Senator’s career and stated that he was a personal hero of his.

Francis Peter Maks, Jr., Aurora, Colorado, highlighted several code violations throughout the City.

Bernie McShane, Aurora, Colorado, addressed Council regarding the Village Green Park and Pool closing. He spoke to his many memories enjoyed within the park and pool and feared that these types of activities are not only in decline but could soon be non-existent. He stated that recreation is a service that keeps youth occupied and safe.

Kimberly Egli, Aurora, Colorado, spoke to Council about the importance of the Village Green Pool. She noted that the closing of the pool could lead to a less active community.

Madison Weirough, Aurora, Colorado, spoke to Council about the importance of the Village Green Pool. She noted that the closing of the pool could lead to a less neighborly community.

Rodney Sperr, Aurora, Colorado, Vice-President of the Village Green Association, lobbied the significance of the Village Green Pool. He stated that Aurora had fewer recreational facilities per capita than any other Colorado City of comparable size, and cutting one more was certainly reason for alarm. He then continued to address the concerns of the local youth who will be without constructive recreational access. He concluded by asking the residents in the audience who wish to keep the pool open to rise; approximately 30 people stood in support.

Dick Field, Aurora, Colorado, advocated the importance of keeping the Village Green Pool open. He stated that he had spoken to Council several times in the past struggling over the same issues. He noted that if the pool were to be cut, that the community fully expects Council to re-instate the funding when the financials are there. Mr. Field stated that he would vote for the Library General Improvement District in November in order to free up the necessary funds for City recreation.

Thomas Brennon, Aurora, Colorado, campaigned against the closing of the Pheasant Run Pool. He related his frustration regarding the lack of communication by the City with the neighborhoods.

8. ADOPTION OF THE AGENDA

The agenda was adopted as presented.

9. CONSENT CALENDAR - 9a-9i

General Business

a. Consideration to AMEND AN OPENLY SOLICITED CONTRACT to Camp Dresser & McKee, Inc., Denver, Colorado in the amount not to exceed $196,063.00 for providing additional design engineering services for the Cherry Creek Spillway Concrete Channel Rehabilitation Project, RFP R-1362.

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

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

b. Consideration to AMEND AN OPENLY SOLICITED CONTRACT to Camp Dresser & McKee, Inc., Denver, Colorado in the amount not to exceed $44,661.00 for providing additional geotechnical baseline report services associated with the Tollgate Creek Parallel Sewer Interceptor Project, RFP R-1334.

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

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

c. Consideration to AWARD CHANGE ORDER NUMBER FIVE A COMPETITIVELY BID CONTRACT with Scott Contracting, Inc., Henderson, Colorado in the amount not to exceed $136,807.28 to cover the cost of additional work for completing the 2008 Waterline Replacement Project, Project Number 08032.

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

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

d. Consideration to AUTHORIZE MAYOR TO EXECUTE QUIT CLAIM DEED to Colorado Department of Transportation for construction of the Parker/Arapahoe Interchange located in the S1/2 of Section 20, T5S, R66W of the 6th PM, Arapahoe County, Co.

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

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

e. Consideration to AWARD A SOLE SOURCE CONTRACT to ProForce Law Enforcement, Prescott, Arizona in the amount of $100,368.00 to purchase Taser equipment for the Aurora Police Department.

Motion by Markert, second by Broom, to approve item 9e.

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

f. Consideration to AWARD A SOLE SOURCE CONTRACT to Positron, Montreal, Quebec in the amount of $334,108.21 to purchase hardware and software to upgrade the City’s 911 answering system.

Motion by Markert, second by Broom, to approve item 9f.

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

g. Consideration to APPROVE AN AGREEMENT between the City of Aurora, Colorado and the Aurora Police Association

Don James, Aurora, Colorado, Aurora Police Association (APA), President, spoke in favor of the item, and expressed appreciation to all those involved in this effort.

Council Member Markert would not support the item due to the one percent salary increase which related to a $1M expenditure.

Motion by Sandstrom, second by Wallace, to approve item 9g.

Council Member FitzGerald understood Council Member Markert’s concerns. He noted he found the APA to be thoughtful in their negotiations, and assured all those interested in keeping the pools open that whatever could be done to do so would be done.

Council Member Peterson expressed her appreciation to all those involved in the success of this item. She noted the City could only offer a one percent increase.

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

Voting Nay: Markert

h. Consideration to AWARD A SINGLE SOURCE CONTRACT to McCandless International Trucks of Colorado, Aurora, CO in the not to exceed amount of $100,000.00 to purchase repair parts as required for the City’s heavy duty International trucks through August 2010.

Motion by Markert, second by Broom, to approve item 9h.

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 the renewal of an Intergovernmental Agreement between the City of Aurora, Colorado, and the University of Colorado Denver, regarding the extension of Municipal Police Powers and Authority to 'the UC Denver Police Department in a specific geographic area

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

Council Member Wallace stated this was a good agreement and was a continuance of an existing agreement. She expressed concerns regarding parking and discussed efforts to mitigating that concern.

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, approving an Amendment to Agreement No. 08-05.04A between the City of Aurora, Colorado, acting by and through its Utility Enterprise and the Urban Drainage and Flood Control District, for final design, right-of-way acquisition and construction of drainage and flood control improvements for West Toll Gate Creek City Center Tributary with Aurora's projected share to be $2,282,000.

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

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, approving an Intergovernmental Agreement between the City of Aurora, Colorado, acting by and through its Utility Enterprise, Southeast Metro Stormwater Authority and Urban Drainage and Flood Control District, regarding shared funding of Outfall Systems Planning for Piney Creek with Aurora's projected share to be $36,000.

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

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, approving an Intergovernmental Agreement between the City of Aurora, Colorado, acting by and through its Utility Enterprise, Southeast Metro Stormwater Authority and Urban Drainage and Flood Control District, regarding shared funding of Major Drainage Planning and Flood Hazard Area Delineation for Coal Creek with Aurora's projected share to be $42,000.

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

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, authorizing the Submission of an application to Great Outdoors Colorado for a grant to assist with the development of management plan for the High Line Canal Corridor. Staff requests a Waiver of Reconsideration.

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

Council Member Markert supported the project, but related it was vital to include public comment on the issue.

Tracy Young, Parks and Open Space, confirmed the public process was included in all planning processes and was specifically written into the grant for this item.

Council Member Broom noted the Denver Water Board planned to discontinue sending water along the Highline Canal and asked staff what would happen to the Cottonwood trees in that area. Ms. Young discussed the ongoing conversations between the City and the Denver Water Board in that regard, noting another part of the management plan was determining how to provide additional water to those trees.

Council Member FitzGerald echoed Council Member Markert’s comments.

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

♦ f. 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, and Tallyn's reach Metropolitan District No. 1 for a maintenance and irrigation agreement, for the landscaped medians along the South Aurora Parkway right-of way between Arapahoe Road and East Irish Avenue

Motion by Broom, second by Pierce, to approve item 10f.

Council Member Hogan noted the item was not urgent and suggested the item be tabled until such time as a guarantee related to irrigation and maintenance would be provided in the agreement.

Council Member Markert agreed the odds of this not being an issue were minimal and suggested this was enough of an obligation and assurances to move forward.

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

Voting Nay: Hogan

♦ g. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, to Assign 2009 Private Activity Bond allocation of $14,201,280 to the Colorado Housing and Finance Authority for low interest mortgage bonds for First-time Homebuyers

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

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

♦ h. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, pursuant to the requirements of Ordinance No. 2009-29, concerning amendment of the lease purchase agreement dated as of June 1, 1994, as previously amended, between the City and Aurora Capital Leasing Corporation, and the issuance of refunding certificates of participation, series 2009a, in such lease; making findings and determinations concerning the reasonableness of the proposed base rentals under such lease, and authorizing the execution and delivery of documents and the taking of other action in connection therewith.

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

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

11. ORDINANCES FOR INTRODUCTION

♦ a. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, authorizing Issuance of City of Aurora, Colorado, general fund refunding bonds, series 2009, in a principal amount not exceeding $8,500,000, for the purpose of refunding the City's general fund bonds, series 1999; prescribing the form of such bonds; providing for the application of legally available funds to pay principal of and interest on such bonds and providing other details in connection therewith

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

Council Member FitzGerald asked staff to speak to the savings realized by the City. Staff stated approximately $400k. Council Member FitzGerald asked when that savings would be realized. Staff estimated October.

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

♦ b. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, amending Chapter 102 of the City Code of the City of Aurora, Colorado, relating to the General Employees' Retirement Plan.

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

Council Member Sandstrom clarified this had no impact on retiree benefits, and was a change required by the IRS. Staff concurred.

Council Member Beer did not support the item, as its passage might result in lower benefits being paid to future retirees.

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

Voting Nay: Beer

♦ c. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, amending Chapter 14 of the City Code of the City of Aurora, Colorado, regarding the spaying or neutering of dogs and cats and the Title of Article IV, regarding ferrets.

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

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

12. RECONSIDERATIONS AND CALL-UPS

Motion by Markert, second by FitzGerald, to call up the Burger King Site Plan at 2560 South Havana Street. DA #1850-00

Council Member Markert noted several neighborhood associations opposed the item because it did not meet the intent of the Havana Design Concept Plan which designated that site as a gateway or activity area, as well as an abutting property owner who claimed access issues. She noted a 20-year lease for a fast food drive-through was not what was envisioned for that area therefore the item should be revisited.

Council Member Wallace asked if the Havana BID opposed the item. Council Member Markert stated the Havana BID supported the item because they were allowed to include a sign on the site.

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

Voting Nay: Broom, Sandstrom

13. GENERAL BUSINESS

a. Consideration to APPOINT three members to the Aurora Fox Arts Center Board.

Motion by Markert, second by Pierce, to appoint Peter Monge, Tanya Osley and Barbara Schneller to the Aurora Fox Arts Center Board.

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

b. Consideration to APPOINT one member to the Judicial Performance Commission.

Motion by Peterson, second by Hogan, to appoint William Turner to the Judicial Performance Commission.

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

c. Consideration to APPOINT two members and REAPPOINT one member to the Arts in Public Places Commission.

Motion by Hogan, second by Frazier, to reappoint Joan Calvert to the Arts in Public Places Commission.

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

Motion by Wallace, second by Frazier, to appoint Hooman Aryan, and Susan Bruce, to the Arts in Public Places Commission.

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

d. Consideration to REAPPOINT one member to the Historic Preservation Commission.

Motion by Peterson, second by Peterson, to reappoint Marie Rottler to the Historic Preservation Commission.

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

14. REPORTS

a. Report by the Mayor

Mayor Tauer announced the appointment of Shavawn White to the Aurora Youth Commission.

b. Reports by the Council

Council Member Peterson invited all those interested in attending to the Ward II Town Meeting scheduled for Monday, September 21, 2009 from 7:00 p.m. – 9:00 p.m. in the Aurora Room, where a VA Hospital at Fitzsimons update would be provided.

Council Member FitzGerald related his recent attendance at the Aurora Youth Commission meeting where a great group of teen leaders represented the City. He expressed his appreciation to all those involved with the Meadowood Neighborhood Fair, which was a great event.

Council Member Markert invited all those interested in attending to the Downtown Aurora Business Association’s (NABA) Circle of Life Tree Planting event scheduled for Thursday, September 3, 2009 at 4:00 p.m., the Aurora Fox/Chamber of Commerce Gala scheduled for September 12, 2009 at the Aurora Fox Theater at 6:00 p.m., and the Pink Heals pink fire truck presentation on Monday, September 14, 2009 at Station 11 in Ward 4 at 5:30 p.m. She wished a happy birthday to all of those Council members with September birthdays.

Council Member Pierce related his recent attendance at the P20 campus groundbreaking for Aurora Public Schools.

Council Member Frazier wished everyone a happy, safe and fun Labor Day weekend

Council Member Broom invited all those interested in attending to the Ward VI meeting scheduled for Tuesday, September 15 at 7:00 p.m. at the Mission Viejo Library where a Tri-County Health representative would provide an H1N1 update and upcoming ballot initiatives, including the Library GID, would be addressed.

Council Member Wallace announced the appointment of Sabrina Hooper to the Aurora Youth Commission, expressed appreciation to the Hoffman Heights Neighborhood Watch, and condolences to the family of Elsie Vance, long-time Hoffman Heights Neighborhood Watch advocate, on her recent passing. She invited all those interested in attending to the Ward 1 meeting scheduled for Thursday, September 17, 2009 at the MLK Library where an update on the VA Hospital would be provided. She related her recent attendance at the VA Hospital groundbreaking, and announced the upcoming opening of the Fitzsimons Credit Union in October 2009.

Council Member Beer announced the regular First Wednesday Coffee and Conversation meeting was scheduled for Wednesday, September 2, 2009 at 7:30 a.m. at the Village Inn located at 921 South Havana Street, and invited all those interested in attending to the Town Meeting scheduled for Wednesday, September 9, 2009 at 7:00 p.m. in the Aurora Room where a Council-At-Large and Aurora Public Schools School Board candidates’ forum would be held.

15. PUBLIC INVITED TO BE HEARD

None.

16. ADJOURNMENT

Mayor Tauer adjourned the regular meeting of City Council at 9:00 p.m.

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EDWARD J. TAUER, Mayor

ATTEST:

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DEBRA JOHNSON, City Clerk