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MINUTES
Regular Meeting – Aurora City Council
Monday, February 2, 2009

1. RECONVENE REGULAR MEETING OF FEBRUARY 2, 2009 AND CALL TO ORDER
Mayor Tauer reconvened the regular meeting of City Council at 7:31 p.m.
2. ROLL CALL
PRESIDING: Mayor Tauer
COUNCIL MEMBERS PRESENT: Beer, Broom, FitzGerald, Frazier, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace
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 JANUARY 26, 2008
Motion by Sandstrom, second by Markert, to approve the minutes of January 26, 2008, as presented.
Voting Aye: Mayor Tauer, Beer, Broom, FitzGerald, Frazier, Markert, Peterson, Pierce, Sandstrom
Abstained: Hogan, Wallace
6. CEREMONY
a. Proclamation declaring February as Black History Month – Mayor Tauer
Mayor Tauer invited Pastor Thomas Mayes, Chair, Aurora Community of Faith, Veronica White, Chair, International Cross Cultural Network of Aurora (ICCNA), John Gay, Chair, Key Community Response Team, and Peter Cukale, Chair, Human Relations Commission to come forward to accept the proclamation. Mayor Tauer read the proclamation declaring February as Black History Month. Each guest expressed appreciation for the proclamation.
7. PUBLIC INVITED TO BE HEARD (non-agenda related issues only)
8. ADOPTION OF THE AGENDA
The agenda was adopted as presented with item 9b deferred to the February 23, 2009 City Council meeting and item 12a deferred to a City Council meeting on a future date to be determined.
9. CONSENT CALENDAR - 9a – 9d
General Business
a. Consideration to EXTEND AN OPENLY SOLICITED CONTRACT to Keesen Enterprises Inc, Englewood, Colorado in the amount not to exceed $320,000.00 for weed mowing and trash removal services, per Request for Proposals R-1336.
Motion by Beer, second by Broom, to approve item 9a.
Voting Aye: Mayor Tauer, Beer, Broom, FitzGerald, Frazier, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace
b. Consideration to EXTEND A SOLE SOURCE CONTRACT to Positron, Montreal, Quebec in the amount of $106,423.94 for annual renewal of maintenance on the City’s 911 answering system through February 9, 2010.
Council Member Beer pointed out items 9b and 9c were sole source contracts. He referenced the recent adoption of Amendment 54, which demonstrated a policy preference for more competition and more contract transparency. It was his contention that in that spirit, these items should have been issued as openly solicited contracts. He asked staff if that could be done without serious concerns to the related services.
Dave Lawless, Manager, Public Safety Systems, answered no, not in this case as this was a proprietary support and maintenance contract for this particular product and this was the only group that supported the City’s 911-system software and hardware product.
Council Member FitzGerald agreed some sole source contracts appear unnecessary and should be bid out. He noted the contract for item 9b related to a Canadian company and he suggested an American company be found when the item was up for re-bid in 2010. Additionally, he referenced item 9c, noting water treatment chemicals were not a unique product therefore the contract should have been bid out especially given the cost.
Motion by Beer, second by Peterson, to approve item 9b.
Voting Aye: Mayor Tauer, Beer, Broom, FitzGerald, Frazier, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace
c. Consideration to AWARD A SOLE SOURCE CONTRACT to Siemens Water Technologies Corp., Vineland, New Jersey in the amount not to exceed $250,000.00 to cover the cost of water treatment chemicals (Sodium Chlorite) through February 2010.
Council Member Beer asked staff to speak to the availability of Sodium Chlorite suppliers in the United States.
Dan Mikesell, Manager, Water Service Operations, clarified Siemens Water was the only known Sodium Chlorite manufacturing distributor in the United States.
Council Member Hogan pointed out the cost of bidding was substantial for those who were bidding, which oftentimes excluded minority firms. He did not think it made sense to bid out all contracts based solely on the sole source status.
Council Member Fitzgerald understood the cost of bidding was prohibitive but noted these were significant contracts and the bidding process should be initiated wherever feasible.
Motion by Hogan, second by Sandstrom, to approve item 9c.
Voting Aye: Mayor Tauer, Beer, Broom, FitzGerald, Frazier, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace
d. Consideration to APPROVE LAND PURCHASE AND SALE AGREEMENT for a parcel of
land situated in the SW ¼ of Section 4, Township 5 South, Range 65 West of the 6th Principal Meridian, Arapahoe County, Colorado containing 38.79 acres, more or less (Murphy).
DEFERRED TO FEBRUARY 23, 2009 CITY COUNCIL MEETING
Final Ordinances
♦ e. Consideration of an ORDINANCE FOR FINAL 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 2008 Tax Compliance for the Elected Officials and Executive Personnel Defined Benefit Plan.
♦ f. Consideration of an ORDINANCE FOR FINAL of the City Council of the City of Aurora, Colorado amending Sections 142 and 149 of Chapter 102 of the City Code of the City of Aurora, Colorado relating to the General Employees’ Retirement Plan
♦ g. Consideration of an ORDINANCE FOR FINAL 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 2008 Tax Compliance for the “Old Hire” Firefighters’ and “Old Hire” Police retirement systems.
♦ h. Consideration of an ORDINANCE FOR FINAL of the City Council of the City of Aurora, Colorado, amending Section 146-1002 of the City Code of the City of Aurora, Colorado, and adopting new Section 146-1266 for addition to the City Code of the City of Aurora, Colorado relating to Electrical Substations within the Northeast Plains Zoning District.
♦ i. Consideration of an ORDINANCE FOR FINAL of the City Council of the City of Aurora, Colorado, approving a Development Agreement between the City of Aurora, Colorado, and Fitzsimons Redevelopment Authority creating a Vested Property Right pursuant to Article 68 of Title 24, C.R.S for certain lands located in Section 36, Township 3 South, Range 67 West of the 6th Principal Meridian, County of Adams, State of Colorado (184 acres more or less).
Motion by Hogan, second by Beer, to approve items 9e – 9i.
Voting Aye: Beer, Broom, FitzGerald, Frazier, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace
10. RESOLUTIONS
♦ a. Consideration of a RESOLUTION of the City Council of the City of Aurora, Colorado, ordering a Public Hearing on the City Center II Blight Study.
Motion by Beer, second by Hogan, to approve item 10a.
Voting Aye: Beer, Broom, FitzGerald, Frazier, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace
11. ORDINANCES FOR INTRODUCTION
♦ a. Consideration of an ORDINANCE OF INTRODUCTION of the City Council of the City of Aurora, Colorado, amending various provisions of the City Code of the City of Aurora, Colorado, regarding the establishment of fees for alcoholic beverage, cabaret, and massage therapy licenses.
Motion by Peterson, second by Markert, to introduce item 11a.
Voting Aye: Beer, Broom, FitzGerald, Frazier, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace
12. ORDINANCES FOR FINAL
♦ a. Consideration of an ORDINANCE OF FINAL of the City Council of the City of Aurora, Colorado, adopting the 2009 Ward Map. Ordinance 2008-80, Introduced 5-4 (Hogan, Markert, Peterson, Wallace voting no) at the December 15, 2008 City Council meeting. Deferred from the January 12, 2009 City Council meeting.
13. RECONSIDERATIONS AND CALL-UPS
Motion by Beer, second by Wallace, to call up Planning Case #2003-6001-00 and #2003-6001-01 “Conditional Use and Site Plan Amendment for National Storage” at 6th Avenue and Laredo.
Voting Aye: Mayor Tauer, Beer, Broom, FitzGerald, Frazier, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace
14. GENERAL BUSINESS
15. REPORTS
a. Report by the Mayor
b. Reports by the Council
Council Member FitzGerald thanked everyone who attended the recent Sustainable Building Conference.
Council Member Pierce congratulated the City’s Public Works Department on their recent accredited by the American Public Works Association.
Council Member Frazier congratulated Council Member Wallace who recently received the Superintendents of Aurora Public Schools Quarterly Award in the category of Community/Business Leader, which recognized her dedication to Aurora’s students.
Council Member Wallace related her recent visit to Peoria Elementary School where students, along with Verizon volunteers, created a banner using the children’s handprints that stated what they could do to make a difference in the world. The banner was made in recognition and celebration of MLK Day and would be displayed at the MLK Library. She expressed appreciation to all those involved in the success of the first Spanish Ward I meeting, and for those involved in the Eyes on Youth Program where people were working to help children resist gang involvement.
Council Member Beer invited everyone interested in attending to the Ward III meeting scheduled for Wednesday, February 11, 2009 from 7:00 p.m. to 9:00 p.m. at the Aurora Municipal Center.
16. PUBLIC INVITED TO BE HEARD
17. ADJOURNMENT
ATTEST:
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DEBRA JOHNSON, City Clerk
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