Meeting Minutes @ AuroraGov.org

Danny Katz, Boulder, Colorado, State Director of CoPIRG (Colorado Public Interest Research Group), spoke in support of 21^st century public transportation in the state of Colorado. He related plans for a statewide tour to collect 100 elected officials’ signatures and spark interest in that regard.

Ross Getchell, Aurora, Colorado, spoke in opposition to closing the Chambers Plaza Library despite the current financial situation as it was an invaluable educational resource.

Paula Weygand, Aurora, Colorado, spoke in opposition to closing the Chambers Plaza Library. She noted the Chambers Plaza Library was the only library located in Ward II, which was an area that needed its resources.

a. Budget Public Hearing.

Lawrence Weygand, Aurora, Colorado, expressed concerns regarding the budget. He suggested all City Department payrolls be reexamined, and all non-essential and non-safety services be curtailed. He discussed the high cost of City bus transportation and recommended further transparency be provided. He was opposed to the concept of additional taxes and fees, stating Aurora citizens could not afford anymore.

Helen Evans, Aurora, Colorado, spoke in opposition to the City’s plan to close libraries in Aurora, noting the City of Denver’s plan reduced hours rather than closed libraries.

Marianne Pierce, Aurora, Colorado, questioned how much money was being saved by releasing the Chambers Plaza Library employees. She was unsure on the figures and asked for further clarification.

Mayor Tauer asked Council Member Peterson to make that information available to Ms. Pierce. Council Member Peterson agreed to do so.

Norma Authier, Aurora, Colorado, spoke in favor of keeping the Chambers Plaza Library open. She suggested the necessity for the number of City Management jobs and their salaries be reevaluated in further detail.

Alice Morgan, Aurora, Colorado, spoke in favor of keeping the Chambers Plaza Library open. She explained the library served a critical role in an impoverished part of the community.

Bruce Hulley, Aurora, Colorado, expressed concerns shared with fellow Adams County/Aurora residents, related to the Veterans Hospital construction delay and the closing of the Chambers Plaza Library. He outlined the limited hours of service within the library and the overall limitations of resources in that particular region.

Duane Senn, Aurora, Colorado, spoke in support of the various budget cuts in response to the economic condition. However, he requested either the addition of mandated staffing within the Fire Department or removal of mandated staffing within the Police Department. He pointed out the current “2 per 1000” mandate may not be sound public policy if it consumed an increasingly growing piece of the budget, which could be used elsewhere.

Mayor Tauer discussed the current economic situation. He explained during unstable times, people spend less money which resulted in less sales tax. The lower tax revenue caused the City to have less money thereby making it necessary to make difficult decisions. Council was moving forward in bringing some of these decisions to the citizens in the November ballot. This allowed citizens to decide what they were and were not willing to pay more for. He asked everyone to bear this in mind when considering budget issues.

8. ADOPTION OF THE AGENDA

The agenda was adopted as presented.

9. CONSENT CALENDAR - 9a-9e

General Business

a. Consideration to AWARD AN OPENLY SOLICITED CONTRACT to Niquitos, Aurora, Colorado in the total amount not to exceed $62,500.00 for food service required at the Aurora Detention Center through March 1, 2010, per solicitation B-3846.

b. Consideration to EXTEND A COMPETITIVELY BID CONTRACT to JCOR Mechanical, Inc., Golden, Colorado in the not to exceed amount of $439,183.00 for the 3" - 6" Large Water Meter Replacement and Rehabilitation Program

c. Consideration to AWARD A SINGLE SOURCE CONTRACT to Waste Management of Colorado, Incorporated, Englewood, Colorado in an amount not to exceed $142,330.00 for landfill dumping fees through March 31, 2010

d. Consideration to AWARD A SOLE SOURCE CONTRACT to Versaterm Systems, Ottawa, Ontario in the amount of $201,284.00 for annual renewal of software maintenance on the Police Information Management System through March 31, 2010.

Motion by Peterson, second by Markert, to approve items 9a – 9d.

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

e. Consideration to APPROVE A WATER LEASE AGREEMENT for the City of Aurora, acting by and through its Utility Enterprise (Aurora), to lease up to 200 acre-feet of fully consumable raw water annually for a period of ten years, at a base unit price of $800 per acre-foot to be increased by 5 percent per year, with a single renewal term of an additional ten years at Aurora’s discretion, to Nestle Waters North America Inc. for business operations in Chaffee County, Colorado.

Council Member Peterson would not support the item because leasing the water over a ten year period at only a five percent increase per year did not benefit the citizens of Aurora.

Council Member Beer would not support the item because it sent the wrong message that Aurora had water available to lease to a third party. He stated Aurora water resources should be for Aurora residents first.

Council Member Broom would support the item because doing so would gain revenue to modify future rate increases as have been seen over the last five years. He clarified the leased water would only be provided when available and not needed.

Council Member Hogan asked if the contract was contingent upon water availability.

Joe Stibrich, Deputy Director, Water Resources, answered affirmatively. He noted if at any time during the year the City declared a Stage 3 Drought Management Scenario, supplies could be curtailed for that year.

Council Member Hogan asked the designation of the $5M in payments. Mr. Stibrich stated the $5M would be returned to the Enterprise Fund. Council Member Hogan asked if it was then eligible for reduced tap fees or rates for ratepayers in the future.

Mark Pifher, Director, Aurora Water, agreed that would be considered in the budget setting process.

Council Member Hogan noted that money would not be available if the agreement was not approved. Mr. Pifher concurred. Council Member Hogan asked how the $800 per acre-foot unit price was determined.

Mr. Stibrich explained that amount was a negotiated term between staff and Nestle Waters North America Inc.

Council Member Hogan asked how the contract amount compared to a normal price. Mr. Stibrich noted current leases were approximately $200 per acre foot. Council Member Hogan noted that was two to four times as much as the normal amount expected. Mr. Stibrich concurred.

Council Member Markert concurred with Council Member Broom’s comments.

Council Member Fitzgerald did not think $800 per acre foot was enough. It was a trivial amount and he would not support the item unless the amount was renegotiated.

Council Member Broom pointed out this did not refer to buying an acre foot in perpetuity but was instead a one year price.

Mayor Tauer noted this water was located in the Arkansas Basin well above the City’s Pump Station and the City did not require an exchange to move it to Aurora. Mr. Pifher concurred.

Council Member Hogan asked if Council could add generic instructions as to the use of the lease agreement proceeds as a part of the approval.

Charles Richardson, City Attorney, answered affirmatively, noting as long as it remained within analysis parameters.

Council Member Sandstrom asked what happened to the agreement if the other party’s project was not approved. Mr. Stibrich noted the terms of the agreement state the other party must have project approval within twelve months or the City could withdraw.

AMENDMENT 1

Motion by Hogan, second by Markert, to amend item 9e, to stated, “proceeds of agreement must be used and analyzed for alleviate rate increases or early bond redemption as a first purpose use.”

Council Member Markert asked staff if the amendment was acceptable. Mr. Pifher answered affirmatively.

Council Member Hogan stated the requirement would direct spending of the proceeds with an effective result that each year the Council Water Committee and Council would have the opportunity to provide direction on the use of the revenue.

VOTE ON AMENDMENT 1

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

Council Member Frazier noted the ongoing dispute between Nestle Waters North America Inc. and some Chaffee County residents, and asked staff how much this deal contributed to that discourse. Mr. Stibrich explained the river would be made whole during the lease timeframe. Council Member Frazier asked for clarification regarding whether this agreement would help or harm the situation.

Mr. Pifher stated little public input was realized during the negotiations. The City was aware certain public approvals and permits from Chaffee County must be realized for this project therefore a paragraph was added stating the agreement was null and void if those approvals were not obtained. He noted it was a contract with a contingency.

Council Member Broom pointed out the City was not involved in the dispute.

Council Member Frazier contended this agreement caused the City to be involved.

Council Member Broom noted the City Council represents the ratepayers and this was an opportunity to generate funds that would save money on rates in the future.

Council Member Sandstrom pointed out when the City purchased an acre-foot of water, it was in perpetuity therefore this contract for $800 per year over the 20 year life of the contract related to significantly more than $3000 per acre-foot. Mr. Pifher concurred.

VOTE ON ORIGINAL MOTION

Voting Aye: Mayor Tauer, Broom, Hogan, Markert, Pierce, Sandstrom, Wallace

Voting Nay: Beer, FitzGerald, Frazier, Peterson

10. RESOLUTIONS

♦ a. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, adopting a policy regarding the purchase, rehabilitation and sale, or demolition and redevelopment of abandoned or foreclosed residential properties under the federal Neighborhood Stabilization Program.

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

Council Member Sandstrom expressed her support for using Aurora contractors whenever possible as it multiplied the impact and kept the money in the City’s economy.

Council Member Beer concurred. He asked staff to speak to the opportunity event for construction trades to learn about Aurora’s Neighborhood Stabilization Program.

Joseph Garcia, Neighborhood Services, did so, noting a General Contractors’ meeting open to all contractors was scheduled for Wednesday, March 25, 2009 at 8:00 a.m. at the Neighborhood Services office.

Council Member Frazier supported the motion and requested staff provide further information regarding execution of the program. Mr. Garcia agreed to do so.

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 the Aurora Water 2009 Water Management Plan.

Motion by Hogan, second by Broom, to approve item 10b.

AMENDMENT 1

Motion by Pierce, second by Sandstrom, to amend item 10b, by changing the Lawn Watering requirements under Stage 1, Normal Conditions, from mandatory to voluntary.

Council Member Pierce noted Aurora residents have been responsible in conserving water and should therefore decide which three days to water.

Council Member Markert concurred, noting this was a case where people were guided by supply and demand.

Council Member FitzGerald did not support the amendment because a predictable schedule worked best especially given the current precipitation amounts.

Council Member Hogan concurred, noting the watering plan should remain consistent.

Council Member Beer clarified the intent of the amendment continued to require a mandatory three day a week watering schedule but stated the three days watering would be determined by the resident. Previously he has supported mandatory watering but would support this for a year as it would introduce a degree of flexibility into the watering program. He asked staff to be vigilant in order to prevent excessive watering.

Council Member Pierce concurred.

Council Member Wallace pointed out there were several resident complaints last year related to water bill costs with non-mandatory three day watering therefore setting a pattern was best for the residents. She expressed concerns regarding the limited amount of water available.

Council Member Sandstrom supported the amendment. She pointed out the amendment did not relate to water levels as watering was still restricted to three days a week. It only allowed residents to choose which three days and doing so might conserve water. She pointed out the Citizen’s Water Committee and surrounding cities such as Denver, Colorado Springs, Boulder and Westminster support voluntary days.

Council Member Frazier asked staff to speak to the correlation between a watering schedule and the need to control system demand.

Kevin Reidy, Aurora Water, did so. He explained a predictable pattern has been realized over the last five years and a significant spike in usage was not expected with this change.

Council Member Frazier asked if controlling demand on the system continued to be a concern. Mr. Reidy answered no.

Council Member FitzGerald asked if the predictability realized over the last five years was generated by the three day a week watering plan. Mr. Reidy answered affirmatively.

Mayor Tauer asked staff to clarify Tiers 1 and 2. Mr. Reidy did so. He explained Tier 1 was 80 percent and above and Tier 2 was between 75 – 79 percent. Mayor Tauer noted Tier 2 was a narrow block. Mr. Reidy concurred.

VOTE ON AMENDMENT 1

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

Voting Nay: FitzGerald, Hogan, Peterson

Council Member Markert supported the item as amended.

Council Member Sandstrom discussed the need for ongoing water conservation in the City.

VOTE ON ORIGINAL MOTION AS AMENDED

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

Voting Nay: FitzGerald, Peterson

♦ c. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, authorizing an increase in the grant to Aurora Economic Development Council, Inc., in the amount of $75,000.

Motion by Sandstrom, second by Hogan, to approve item 10c.

Council Member Beer asked if the consultant selection process would be a competitive and transparent process.

Bryan Blakely, Vice-President, Aurora Economic Council, answered affirmatively.

Council Member Hogan noted a component of the current Convention and Visitors Bureau Study contract recognizes a branding concept that would identify the City through the Convention and Visitors Bureau process. He asked staff to speak to how the AEDC and Convention and Visitors Bureau’s efforts would be cohesive and complementary in that regard.

Kim Stuart, Communications Director, did so. She explained the AEDC would work directly with the Convention and Visitors Bureau in this regard and all efforts would be reviewed by Council. She noted each entity had its own focus and should therefore be complementary.

Council Member Markert would not support the item. The City’s goal was to make the City more business-friendly which has been accomplished and this contract spent money telling people of the accomplishment rather than demonstrating it which would be more effective.

Council Member FitzGerald would not support the item at $75K. He suggested the amount be reduced to $50K with $25K devoted to the Chambers Library.

Council Member Peterson noted this increase was slated for 2009, and asked if this would come back in 2010 as well.

Andrea Amonick, Interim Development Services Director, answered no.

Council Member Peterson did not support the item, and suggested the money be delegated to City staff instead.

Council Member Pierce explained the AEDC’s only job was to bring companies and jobs into Aurora and the $75K would be spent to support that effort.

Council Member Beer agreed the request was valid, but expressed concerns regarding the need for additional funding as this effort progresses. Ms. Stuart noted this was a study and a plan whose implementation included some funds for collateral materials.

Council Member Wallace asked if this was a one-time fee. Ms. Amonick answered affirmatively.

AMENDMENT 1

Motion by FitzGerald, second by Peterson to amend item 10c to $50K.

Mayor Tauer pointed out this was a grant for $75K and not $50K, and asked staff if the amendment would require editing the contract.

Charles Richardson, City Attorney, recommended the item be voted upon as it stands.

Council Member Markert pointed out Council should be provided a budget and a plan explaining exactly what the money would be spent on, the bidding process and what would be purchased when presented with an item that required dollar amounts to be considered.

Mayor Tauer was not comfortable with an amendment when a work plan and dollar amount were proposed.

Council Member Fitzgerald withdrew his amendment.

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

Voting Nay: Peterson, Markert

11. ORDINANCES FOR INTRODUCTION

♦ a. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, amending Section 126-26 or the City Code of the City of Aurora, Colorado, relating to Street Requirements. STAFF SOURCE: Dave Chambers, Public Works, Director

Motion by Hogan, second by Wallace, to introduce item 11a.

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 Section 126-36.5 of the City Code of the City of Aurora, Colorado, relating to Urban Street Standards in Transit Oriented Developments and Urban Centers. STAFF SOURCE: Dave Chambers, Public Works, Director

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

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

♦ c. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, amending Sections 138-221 and 138-326 of the City Code of the City of Aurora, Colorado, regarding transfer of funds for service connection fees

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

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

♦ d. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, amending various Sections of Article 14, Chapter 146 of the City Code of the City of Aurora, Colorado, relating to xeric landscape standards. STAFF SOURCE: Don Fecko, Planning Department

Motion by Peterson, second by Hogan, to introduce item 11d.

Council Member Markert did not support the item. She suggested this issue was similar to the watering concern as it mandated something citizens were capable of deciding for themselves.

Council Member FitzGerald concurred.

Council Member Beer supported the item because it was his opinion, the more xeriscape the better.

Council Member Sandstrom asked if this ordinance would impact single-family homes.

Don Fecko, Planning, answered no.

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

Voting Nay: FitzGerald, Markert

♦ e. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, repealing and reenacting 94-110(5) of the City Code of the City of Aurora, Colorado, relating to general offenses

Motion by Peterson, second by FitzGerald, to introduce item 11e.

Council Member Wallace asked staff to clarify this issue for the public.

George Zierk, Deputy City Attorney, did so, explaining it was a housekeeping matter.

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

♦ f. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, enacting Subsection 94-71 (d) of the City Code of the City of Aurora, Colorado relating to offenses relating to property rights.

Motion by Sandstrom, second by Broom, to introduce item 11f.

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

♦ g. Consideration of an ORDINACNE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, amending the Comprehensive Plan by appending the “NINE MILE STATION AREA PLAN” to the Comprehensive Plan

Motion by Sandstrom, second by Pierce, to introduce item 11g.

Council Member Hogan expressed concerns regarding the difficulty seeing the interchange from I-225. He asked the advertising and signage restrictions or incentives in TOD that would mitigate that concern.

Loretta Daniel, Planning, discussed the buildings forming a signature skyline, and the signage and grading in the area, noting the signage and visibility could be addressed through design.

Council Member Markert did not support the item because the planning process and the resulting plan did not meet her standards for practicality.

Council Member Sandstrom supported the item. She cautioned this was a conceptual plan that would take time to move forward.

Council Member FitzGerald concurred with Council Member Sandstrom’s comments.

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

Voting Nay: Markert

12. ORDINANCES FOR FINAL

♦ a. Consideration of an ORDINANCE FOR FINAL of the City Council of the City of Aurora, Colorado, amending Section 137 of Chapter 102 of the City Code of the City of Aurora, Colorado relating to the interest rate paid on Contribution Accumulations under the General Employees’ Retirement Plan.

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

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

Voting Nay: Beer

13. RECONSIDERATIONS AND CALL-UPS

None.

14. GENERAL BUSINESS

a. Consideration to APPOINT one member to a four-year term on the Citizens' Advisory Committee on Housing and Community Development.

Motion by Beer, second by FitzGerald, to appoint William Moran to the Citizens' Advisory Committee on Housing and Community Development.

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

b. Consideration to APPOINT one member to a three-year term on the Historic Preservation Commission

Motion by Broom, second by Frazier, to appoint Jamie March to the Historic Preservation Commission.

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

15. REPORTS

a. Report by the Mayor

Mayor Tauer congratulated Regis Jesuit High School’s boys’ and girls’ basketball teams for winning the 5A Division Championships.

b. Reports by the Council

Council Member Beer encouraged all those interested in attending the General Contractors Workshop related to the Neighborhood Stabilization Program Block Grants scheduled for Wednesday, March 25, 2009 at 8:00 a.m. at the City’s Community Development Office at the MLK Library on Colfax to do so. These grants are valued at approximately $7M for the acquisition and renovation of vacant foreclosed homes throughout the City. He related his recent attendance at the grand opening of a school-based clinic for medically underserved children throughout Original Aurora at Crawford Elementary in Ward 1. The clinic was operated by the Rocky Mountain Youth Clinics under grants from the Colorado Health and Trust Foundation.

Council Member Wallace congratulated City of Aurora employees who recently received service awards for their service to Aurora. She expressed appreciation to all those who attended the Ward 1 budget meeting for 2010 and congratulated Peg Alt on receiving the Community Service Award for Women in Sculpture of Aurora on March 28. She offered a $25 reward for information regarding a rooster located in Ward 1 near Peoria, 23^rd and 25^th and Nome Street as a rooster within the City was against City code.

Council Member Sandstrom invited all those interested in attending to the Ward V Town Meeting scheduled for Tuesday, March 31 at 6:30 p.m. at the Meadowood Community Center where the budget would be discussed. She congratulated Caroline Piehl, a sophomore at Smoky Hill High School, for breaking the state record for swimming the 200 yard individual medley. Ms. Piehl is featured in the March 16 issue of Sports Illustrated in the Faces in the Crowd section.

Council Member Markert announced the Ward 4 meeting scheduled for Thursday, March 26, 2009 at 6:30 p.m. at the Nile Restaurant located at Havana and Jewell where Anna Bunce, Traffic, would discuss traffic signals. She invited all those interested in attending to the Compass Program Annual Breakfast scheduled for April 9, 2009 from 8:00 a.m. to 9:30 a.m. at the MLK Library and expressed appreciation to the Veterans’ Affairs Commission for their recent gift to the City of a POW/MIA flag which will grace the City Council Chambers.

Council Member FitzGerald expressed appreciation to all those, including his daughter, who helped with the recent Highline Canal cleanup, and to Mayor Tauer for allowing him to attend the recent Adams County Mayor and Commissioners Youth Awards, and Ron Miller for attending the recent Youth Summit at Grandview High School. Both events demonstrated Aurora youth the City could be proud of.

Council Member Peterson expressed appreciation and congratulations to Kathie Snell, Kathy Cable, and Heather Jackson for the efforts in writing a grant for the YO Program initiated by Judge Richard Weinberg, which would provide one year of help for a juvenile diversion program.

16. PUBLIC INVITED TO BE HEARD

None.

17. ADJOURNMENT

Mayor Tauer adjourned the regular meeting of City Council at 9:35 p.m.

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EDWARD J. TAUER, Mayor

ATTEST:

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DEBRA JOHNSON, City Clerk