MINUTES
Regular Meeting – Aurora City Council
Monday, September 15, 2008

1. RECONVENE REGULAR MEETING OF SEPTEMBER 15, 2008 AND CALL TO ORDER
Mayor Tauer reconvened the regular meeting of City Council at 7:34 p.m.
2. ROLL CALL
PRESIDING: Mayor Tauer
COUNCIL MEMBERS PRESENT: Beer, Broom, FitzGerald, Frazier, Markert, Peterson, Pierce, Sandstrom, Wallace
COUNCIL MEMBER ABSENT: Hogan
OFFICIALS PRESENT: City Manager Miller, City Attorney Richardson,
3. MOMENT OF SILENCE
4. PLEDGE OF ALLEGIANCE TO THE FLAG
5. APPROVAL OF THE MINUTES OF THE MEETING OF SEPTEMBER 8, 2008
Motion by Markert, second by Wallace, to approve the minutes of September 8, 2008 as presented.
Voting Aye: Mayor Tauer, Beer, Broom, FitzGerald, Frazier, Markert, Peterson, Pierce, Sandstrom, Wallace
6. CEREMONY
a. Arts and Humanities Council Drawing and Writing Contest Awards Ceremony
Each year the Aurora Public Library and the Friends of the Aurora Public Library sponsor the Summer Reading Program and as a part of the program, the Division of Cultural Services sponsors a drawing and writing contest which recognizes great writers and artists.
Mayor Tauer asked Jamie Jurgensen, Youth Services Coordinator, Patty Bateman, Library Services Manager and Alice Lee Main, Cultural Services Division Manager, to come forward and present the following awards:
WRITING
3 – 5 grades
1st Place – Tiffany Fliegel
2nd Place – Bridget Mann
3rd Place – Berenice Palos
6 – 12 grades
1st Place – Athena Sorrell
2nd Place – Hannah Fliegel
3rd Place – Camille Kay Hollister
DRAWING
Preschool – 2nd grade
1st Place – Jorge Mejia
2nd Place – Jasmine Rivera
3rd Place – Celia Loya
3rd – 5th grades
1st Place – Haley Rogers
2nd Place – Carlos Luevano
3rd Place – Janae Jenkins
6th – 12th grade
1st Place – Jennifer Lutchi
2nd Place – Selena Escobar
3rd Place – Micah Scott
All recipients expressed their appreciation for the award.
Council Member Frazier recognized former Colorado Lieutenant Governor Joe Rogers who was present this evening on behalf of his daughter, Haley.
7. PUBLIC INVITED TO BE HEARD (non-agenda related issues only)
8. ADOPTION OF THE AGENDA
9. CONSENT CALENDAR - 9a-9d
a. Consideration to AWARD A COMPETITIVELY BID CONTRACT to Garney Companies, Inc., Kansas City, Missouri in the amount of $30,827,384.00 for construction of the Rampart Parallel Pipeline Phase 1 Project, Project Number 5150A
Motion by Markert, second by Wallace, to defer item 9a to October 13, 2008 City Council Study Session.
Council Member Markert urged Council to support the motion because this was a major policy decision that was not guided by a bid or a process. The $30M amount guaranteed that taxpayers would realize an eight to ten percent increase in their water bills. Council deserved to know where the money was going to and where it was coming from and moving the item to Study Session would accomplish that goal.
Council Member Pierce asked staff to speak to this concern.
Dana Ehlen, Interim Director of Aurora Water, stated this proposal would increase the City’s water supply from the Rampart System which was the City’s gravity closest and least costly water supply. The increased water would be used to blend with the Prairie Waters Project on a 3/1 basis and lastly, the proposal would help the drought hardening to maximize the City’s mountain water supply.
Council Member Pierce asked staff if the Rampart Pipeline was at capacity in the summertime months. Mr. Ehlen answered affirmatively.
Council Member Markert reiterated the need for Council to be provided with all pertinent project details.
Council Member FitzGerald stated, as Chairman of the Water Committee, he understood Council Member Market’s concerns, noting the Committee shared her concerns. He pointed out there was a risk in sending the item out for re-bid, however he agreed it was a large amount of money and further deliberation for Council as a whole was needed, therefore, he would support the motion.
Voting Aye: Mayor Tauer, Beer, FitzGerald, Frazier, Markert, Peterson, Wallace
Voting Nay: Broom, Pierce, Sandstrom
Mayor Tauer clarified Council was not opposed to the item but would, due to the timeframe and dollar amount, like a different process and further review.
b. Consideration to AWARD A COMPETITIVELY BID CONTRACT to Traffic Signal Controls Inc., Longmont, Colorado in the total amount of $98,910.00 for the purchase of Traffic Signal Uninterruptible Power Supplies with Standalone Cabinets. (B3840
Motion by Markert, second by Sandstrom, to approve item 9b.
Voting Aye: Mayor Tauer, Beer, Broom, FitzGerald, Frazier, Markert, Peterson, Pierce, Sandstrom, Wallace
Final Ordinances
♦ c. Consideration of an ORDINANCE FOR FINAL of the City Council of the City of Aurora, Colorado, enacting Section 94-43 of the City Code of the City of Aurora, Colorado relating to offenses and luring of a child
♦ d. Consideration of an ORDINANCE FOR FINAL of the City Council of the City of Aurora, Colorado, amending Section 138-223 of the City Code of the City of Aurora, Colorado, regarding water service provided outside the City Limits
Motion by Sandstrom, second by Broom, to approve items 9c-d.
Council Member FitzGerald asked staff to speak to item 9c.
George Zierk, Deputy City Attorney, did so. He explained this was an attempt to fill a gap in the State Statute regarding the luring or attempted luring of a child into a motor vehicle without lawful justification. This ordinance would protect the City’s children under the age of 15.
Council Member Sandstrom clarified anyone with lawful justification who attempted to protect a child would not be prosecuted under this ordinance.
Voting Aye: Beer, Broom, FitzGerald, Frazier, Markert, Peterson, Pierce, Sandstrom, Wallace
10. RESOLUTIONS
♦ a. Consideration of a RESOLUTION of the City Council of the City of Aurora, Colorado, authorizing the execution of a sales and use tax waiver agreement between the City and Kwal-Howells, Inc
Motion by Beer, second by Pierce, to approve item 10a.
Voting Aye: Beer, Broom, FitzGerald, Frazier, Markert, Pierce, Sandstrom, Wallace
Voting Nay: Peterson
11. ANNEXATIONS
♦ a. Consideration of a RESOLUTION finding a petition for annexation of a parcel of land located in the E. half of the NE quarter of Section 7, Township 4 South, Range 65 West of the 6th Principal Meridian, County of Arapahoe, State of Colorado, to be in substantial compliance with Section 31-12-107(1), Colorado Revised Statutes, and giving notice of a Public Hearing on the proposed annexation (Aurora Public School District) 96.8 acres
Motion by Pierce, second by FitzGerald, to approve item 11a.
Voting Aye: Broom, FitzGerald, Frazier, Markert, Peterson, Pierce, Sandstrom, Wallace
Voting Nay: Beer
12. RECONSIDERATIONS AND CALL-UPS
13. GENERAL BUSINESS
a. Consideration to appoint one member to a three-year term on the Aurora Commission for Seniors
Motion by Peterson, second by Wallace, to appoint Carl Nowalk, Jr. to the Aurora Commission for Seniors.
Voting Aye: Mayor Tauer, Beer, Broom, FitzGerald, Frazier, Markert, Peterson, Pierce, Sandstrom, Wallace
b. Consideration to appoint one member to a three-year term on the Parks and Recreation Advisory Board
Motion by Sandstrom, second by Pierce, to appoint Joan Chandler to the Parks and Recreation Advisory Board.
Voting Aye: Mayor Tauer, Beer, Broom, FitzGerald, Frazier, Markert, Peterson, Pierce, Sandstrom, Wallace
c. Consideration to appoint one member to a three-year term on the Veterans' Affairs Commission
Motion by Beer, second by Markert, to appoint Greg Echols to the Veterans’ Affairs Commission.
Voting Aye: Mayor Tauer, Beer, Broom, Markert, Peterson, Pierce, Sandstrom, Wallace
Voting Nay: FitzGerald, Frazier
d. Consideration to reappoint one member to a three-year term on the Aurora Fox Arts Center Board
Motion by Markert, second by Beer, to reappoint Chloe Johnson to the Aurora Fox Arts Center Board.
Voting Aye: Mayor Tauer, Beer, Broom, FitzGerald, Frazier, Markert, Peterson, Pierce, Sandstrom, Wallace
e. Consideration to appoint one member to a three-year term on the Citizens' Water Advisory Committee
Motion by Sandstrom, second by Peterson, to appoint Bob Roth to the Citizens’ Water Advisory Committee.
Voting Aye: Mayor Tauer, Beer, Broom, FitzGerald, Frazier, Markert, Peterson, Pierce, Sandstrom, Wallace
f. Consideration to reappoint one member to a three-year term on the Cultural Affairs Commission
Motion by Markert, second by Peterson, to reappoint Chloe Johnson to the Cultural Affairs Commission.
Voting Aye: Mayor Tauer, Beer, Broom, FitzGerald, Frazier, Markert, Peterson, Pierce, Sandstrom, Wallace
14. REPORTS
a. Report by the Mayor
Mayor Tauer invited everyone interested to attend the City’s Annual Jack-O-Launch event.
b. Reports by the Council
Council Member Peterson noted she has received many citizen requests related to saving the Chamber’s library, which was a proposed upcoming budget cut. She expressed her intent to do whatever possible to save the library.
Council Member FitzGerald related a family pit bull killed their four month old child recently in Las Vegas, Nevada.
Council Member Markert related her attendance at the recent Chambers/Fox benefit where the play was Escanaba in Love. Both the event and the play were a wonderful success and she encouraged everyone to attend the show which closes October 12. She announced the Ward IV meeting scheduled for Thursday, September 26 at Dumitri’s Restaurant on Havana from 6:30 p.m. to 8:30 p.m. Additionally, the Taste of Aurora will take place Thursday, September 29 at the Stampede from 5:30 p.m. – 7:30 p.m., where Aurora’s best restaurants would be represented.
Council Member Pierce invited all those interested to the City’s Annual PumpkinFest Jack-O-Launch scheduled for October 11 at DeLaney Farms located at 170 S Chambers Road from 9:00 a.m. to 4:00 p.m.
Council Member Sandstrom welcomed the Medal of Honor Convention to the Denver area, noting Medal winners would be visiting area schools this week.
Council Member Wallace invited all those interested in attending to the Ward I meeting planned for Thursday, September 18 at 7:00 p.m. at the MLK Library. The topic of discussion will be redevelopment and new development in Ward I. Staff will be present to answer questions in that regard. Additionally, the 3rd Annual Festival International would take place at Fletcher Plaza located on East Colfax on Saturday, September 20 from 10:00 a.m. to 6:00 p.m. This was a free event that celebrates cultures from around the world with food and entertainment. She expressed her appreciation to all those who sent the petition and made calls in support of the Fitzsimons Pool to the Council offices. She confirmed she was actively looking for another source for the pool as it was another item on the budget cut list. She expressed her hope that through everyone’s efforts, the pool could remain open for at least one more year. She announced the appointment of Terry Campbell Caron to the Citizens Advisory Budget Committee and noted an open position for a Ward I representative on the Parks and Open Space Board.
Council Member Beer echoed Council Member Markert’s invitation to the Taste of Aurora event where a sample of great food and drink from some of Aurora’s great restaurants would be showcased. Additionally, he invited all those interested to attend the Ward III Town Meeting on Thursday, September 18 at 7:00 p.m. at the City building where a candidate forum for State Legislative, RTD Board and County Commission would be held.
15. PUBLIC INVITED TO BE HEARD
16. ADJOURNMENT
ATTEST:
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DEBRA JOHNSON, City Clerk
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