MINUTES. Regular Meeting Aurora City Council Monday, June 20, Mayor Tauer convened the Executive Session of City Council at 4:10 p.m.

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1 MINUTES Regular Meeting Aurora City Council Monday, June 20, 2011 CALL TO ORDER EXECUTIVE SESSION Mayor Tauer convened the Executive Session of City Council at 4:10 p.m. ROLL CALL PRESIDING: COUNCIL MEMBERS PRESENT: COUNCIL MEMBER ABSENT: OFFICIALS PRESENT: Mayor Tauer Berzins, Broom, Cleland, FitzGerald, Frazier, Markert, Peterson, Miller City Manager Noe, City Attorney Richardson, City Clerk Johnson Assistant City Manager Janice Napper announced the proposed items for discussion at Executive Session. CONSIDERATION TO RECESS FOR EXECUTIVE SESSION Motion by Pierce, second by Roth, to recess to Executive Session. The Executive Session was recorded pursuant to the requirements of State law. 1. RECONVENE REGULAR MEETING OF JUNE 20, 2011 AND CALL TO ORDER Mayor Tauer reconvened the regular meeting of City Council at 7:35 p.m. 2. ROLL CALL PRESIDING: COUNCIL MEMBERS PRESENT: COUNCIL MEMBER ABSENT: OFFICIALS PRESENT: Mayor Tauer Berzins, Broom, Cleland, FitzGerald, Frazier, Markert, Peterson, Miller City Manager Noe, City Attorney Richardson, City Clerk Johnson 3. MOMENT OF SILENCE 4. PLEDGE OF ALLEGIANCE TO THE FLAG 5. APPROVAL OF THE MINUTES OF THE MEETING OF JUNE 6, 2011 Motion by Cleland, second by Roth, to approve the minutes of June 6, 2011 as presented. Abstained: None.

2 Page 2 6. CEREMONY No Ceremonies. Mayor Tauer recognized Boy Scout Troop #763. Council Member Cleland expressed appreciation to Debra Johnson, City Clerk, for her service to the City of Aurora, congratulated her on recently being elected as City and County of Denver Clerk, and wished her well in this endeavor. Mayor Tauer and Council expressed appreciation and congratulations to Ms. Johnson. 7. PUBLIC INVITED TO BE HEARD (non-agenda related issues only) None. 8. ADOPTION OF THE AGENDA The agenda was adopted as presented. 9. CONSENT CALENDAR - 9a-9e General Business a. Consideration to AWARD A SOLE SOURCE CONTRACT to Motorola, Incorporated, Schaumburg, Illinois in the amount of $251, to provide annual maintenance for the City's Computer Aided Dispatch (CAD) system and the Police Mobile Data Infrastructure System. Motion by Broom, second by Berzins, to approve item 9a. b. Consideration to AWARD A COMPETITIVELY BID CONTRACT to CDW Government LLC, Vernon Hills, IL in the amount of $86, to purchase Varonis File Server Auditing and Reporting software for the IT Department. (B3943). Motion by Broom, second by Berzins, to approve items 9b. c. Consideration to AWARD A COMPETITIVELY BID CONTRACT to A-1 Chipseal Co., Denver, Colorado in the amount of $2,234, for the 2011 Surface Treatment Program. Project No Council Member FitzGerald asked staff to speak to the significant cost increase from two years ago. Chris Carnahan, Manager of Public Works Operations, explained this cost increase related to the extra miles of road being treated, the nine percent increase in unit prices and the increase in crude oil prices.

3 Page 3 Council Member FitzGerald asked Mr. Carnahan if the contract included a contingency. Mr. Carnahan answered no. Council Member FitzGerald asked the price of crude oil per barrel when the bid was accepted. Mr. Carnahan stated approximately $100 per barrel. Council Member FitzGerald asked what would happen if the price were reduced to $80 per barrel. Mr. Carnahan stated in the event of a significant price reduction, the City could request a price adjustment. Council Member FitzGerald asked that related language be included in the contract. Motion by Peterson, second by Roth, to approve item 9c. Voting Nay: Mayor Tauer, Berzins, Broom, Cleland, Frazier, Markert, Peterson, FitzGerald d. Consideration to AUTHORIZE MAYOR TO EXECUTE A DEED conveying property to Knight Transportation in exchange for the dedication of property to City from Knight Transportation located at North Satellite situated in the SW 1/4 of Section 29, T3S, R66W, Adams County, Colorado. Motion by Broom, second by Berzins, to approve items 9d. e. Consideration to AUTHORIZE MAYOR TO EXECUTE A DEED conveying City's 5% interest in a residence located at E. Rice Place, Aurora, Co described as Lot 141, Block 3 Sunburst Subdivision, Arapahoe, County, Colorado. Motion by Broom, second by Berzins, to approve items 9e, with a waiver of reconsideration. 10. RESOLUTIONS a. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, authorizing the execution of an Incentive Agreement. Wendy Mitchell, President and CEO at Aurora Economic Development Council, gave a brief presentation of the item. Mayor Tauer asked Ms. Mitchell to speak to the difference between this property and another conference center. Ms. Mitchell did so. Mayor Tauer asked if this item would affect citizens personal taxes. Ms. Mitchell answered no. Mayor Tauer stated this did not impact other businesses in the area. Ms. Mitchell concurred. Council Member Frazier asked the number of indirect jobs that would be supported by this facility. Ms. Mitchell stated typically three spin-off jobs were generated from each job. She noted an estimated 3200 total indirect jobs would be generated from this project.

4 Page 4 Mayor Tauer asked the generic impact this project would have state or region-wide. Ms. Mitchell stated this would bring new business and money to Colorado. Council Member Broom asked the timeframe of the project from beginning construction to opening for business. Ms. Mitchell stated there was a three-year construction timeframe and the goal was to gain approval prior to the March deadline. Mayor Tauer asked Ms. Mitchell to speak to the overall approval process for this project. Ms. Mitchell did so. Mayor Tauer recognized John Gross, Finance Director, and his service to Aurora. Mr. Gross gave a presentation of the item. Council Member Broom asked Mr. Gross to speak to how water would impact the project. Mr. Gross did so, noting there were no particular anticipated costs other than what has been mentioned, and confirmed the applicant would pay the normal water rates and fees up to the capped limits. Mayor Tauer summarized his understanding of Mr. Gross presentation. Council Member Frazier asked if the probability of the most severe of scenarios taking place was measured. Mr. Gross answered no. He discussed the probability and likelihood of the various combinations of severe scenarios taking place. Council Member Frazier asked Mr. Gross his assessment of the risk this project posed to the City of Aurora and its taxpayers. Mr. Gross did so. Council Member Pierce was satisfied with the terms of the agreement, and expressed appreciation to all those involved, particularly Mr. Gross, and wished him well. Council Member FitzGerald concurred, noting the rewards appeared to outweigh the risks. Council Members Roth and Cleland concurred. Council Member Berzins related her experience visiting a Gaylord property. Motion by Cleland, second by Peterson, to approve item 10a, with a waiver of reconsideration. Berzins, Broom, Cleland, FitzGerald, Frazier, Markert, Peterson, Mayor Tauer expressed his appreciation to Mr. Gross for his efforts in this regard. b. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, ordering that a public hearing be conducted regarding the designation of property as appropriate for urban renewal and the adoption of an urban renewal plan for the redevelopment of such property. Motion by Peterson, second by Roth, to approve item 10b, with a waiver of reconsideration.

5 Page 5 c. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, approving the Intergovernmental Agreement between the City and Serenity Metropolitan District No. 1 regarding funding and construction of the Smoky Hill / Powhaton intersection. Motion by Broom, second by Berzins, to approve item 10c, with a waiver of reconsideration. d. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, approving a Memorandum of Understanding between the National Forest Foundation (NFF) and the City of Aurora Acting by and through its Utility Enterprise, to partially fund the Hayman Restoration Partnership Project in the amount of $500,000 over the next two years. Motion by Pierce, second by Cleland, to approve item 10d. Council Member Cleland expressed appreciation to all those involved in this effort. e. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, approving a Memorandum of Understanding between the USDA Forest Service Rocky Mountain Region and the City of Aurora Acting By and through its Utility Enterprise, to cooperate in developing a five year plan to improve forest health. Motion by Roth, second by Broom, to approve item 10e. f. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, approving a Reimbursement Agreement between the USDA, Forest Service (Pike San Isabel National Forest and the Comanche and Cimarron National Grasslands) and the City of Aurora Acting By and Through its Utility Enterprise, to fund the National Environmental Policy Act field activities on the Leadville Ranger District Lands in Northern Lake County and to complete tree thinning activities in the vicinity of Mt. Elbert Forebay and Twin Lakes on the Leadville Ranger District Lands in the amount not to exceed $206,000 over two years. Motion by Berzins, second by Cleland, to approve item 10f. 11. ORDINANCES FOR INTRODUCTION a. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, amending Chapter 130 of the City Code of the City of Aurora, Colorado, by the addition of a new Article VIII regarding the creation of enhanced taxing areas within the City.

6 Page 6 Motion by Peterson, second by Pierce, to introduce item 11a. Berzins, Broom, Cleland, FitzGerald, Frazier, Markert, Peterson, b. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, declaring the creation of an Enhanced Taxing Area within the City and submitting to a vote of the registered electors of the area at the regular municipal election of November 1, 2011, a question authorizing the levy of City lodger's tax and City sales tax on admissions at an enhanced rate within the boundaries of such area. Motion by Pierce, second by Roth, to introduce item 11b. Berzins, Broom, Cleland, FitzGerald, Frazier, Markert, Peterson, c. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, declaring the organization of a General Improvement District and submitting to a vote of the registered electors of the District at the regular municipal election of November 1, 2011, a question authorizing the levy of an ad valorem property tax and authorizing the pledge of a portion of such ad valorem property tax to the payment of an obligation incurred by the District. Motion by Roth, second by Markert, to introduce item 11c. Berzins, Broom, Cleland, FitzGerald, Frazier, Markert, Peterson, d. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, amending section 130-4(a) of the City Code of the City of Aurora, Colorado, regarding the term of tax increment financing in urban renewal areas. Motion by Markert, second by Peterson, to introduce item 11d. Berzins, Broom, Cleland, FitzGerald, Frazier, Markert, Peterson, 12. RECONSIDERATIONS AND CALL-UPS None. 13 GENERAL BUSINESS a. Consideration to appoint one non-attorney member to a three-year term on the Judicial Performance Commission. Motion by Roth, second by Markert, to appoint Micah Marmaro to the Judicial Performance Commission. b. Consideration to reappoint three members to a two-year term on the Metropolitan Wastewater Reclamation District Board. Motion by Cleland, second by Markert, to reappoint Nadine Caldwell, George Dumas and Daniel Mikesell to the Metropolitan Wastewater Reclamation District Board.

7 Page REPORTS a. Report by the Mayor b. Reports by the Council Council Member Peterson congratulated Council Member Miller on the newest addition to her family, and provided information related to The Aurora Residents for Recreation petition currently being circulated. She noted the Business Advisory Board did not endorse the item, and the tax cost to homeowners would be $2.75 a month per $100K valuation on their home, four times that amount for business owners, and the cost for a family of four to attend the facility would be $75 per month and $40 per month for an individual. Council Member Pierce invited all those interested in attending to the Annual Bike to Work Day scheduled for Wednesday, June 22, 2011, noting a breakfast station would be set up at Tollgate Creek from 6:30 a.m. to 9:00 a.m. He related his recent attendance at the Annual Arapahoe County Open Space Shareback Ceremony where Aurora received $5.2M. He noted since its inception, Aurora has received over $40M in share backs and grants used to purchase and maintain open space. Council Member Frazier related his recent attendance at the Fourth Annual Cruzin Havana Car Show Event, noting it was a terrific event and he looked forward to attending next year. He invited all those interested in attending to the the City s Annual Fourth of July Spectacular at the Aurora Municipal Center. Council Member Broom related his recent attendance at the Teen Court Award Ceremony where 24 teen volunteers were recognized, and discussed the value of the program. Council Member Markert noted concert season has begun, and invited all those interested in attending to the Gardens on Havana concert series which takes place Tuesday, June 21, 2011, and the Banks in Harmony concerts, which take place every Thursday from 6:30 p.m. to 8:00 p.m. She expressed appreciation to all City staff, City Council and the community for their condolences on the recent passing of her mother. Council Member FitzGerald wished everyone a happy 4 th of July. Council Member Berzins expressed appreciation to all who attended the recent Cruzin Havana event, and invited all those interested in attending to the upcoming KidSpree event scheduled for July 16 and 17, 2011 at Bicentennial Park. She noted this was a free event and everyone was welcome. Council Member Roth expressed appreciation to both Ms. Johnson and Mr. Gross for their service to Aurora and congratulations to both on their upcoming endeavors, noting each will be missed. He invited all those interested in attending to the upcoming Seven Hills Animal Hospital groundbreaking event scheduled for Wednesday, June 23, 2011 at the corner of Tower Road and Girard Avenue, and to the Ward V Town Hall meeting scheduled for July 18, 2011 at Peace with Christ Lutheran Church, located at 3290 South Tower Road, where Aurora Water representatives would be present. 15. PUBLIC INVITED TO BE HEARD None.

8 Page ADJOURNMENT Mayor Tauer adjourned the regular meeting of City Council at 9:15 p.m. ATTEST: EDWARD J. TAUER, Mayor JANICE NAPPER, Interim City Clerk