MINUTES

Regular Meeting – Aurora City Council

Monday, May 4, 2009

1. RECONVENE REGULAR MEETING OF MAY 4, 2009 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, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

OFFICIALS PRESENT: City Manager Miller, Deputy City Attorney Rogers,

City Clerk Johnson

3. MOMENT OF SILENCE

4. PLEDGE OF ALLEGIANCE TO THE FLAG

5. APPROVAL OF THE MINUTES OF THE MEETING OF APRIL 13, 2009

Motion by Hogan, second by Pierce, to approve the minutes of April 13, 2009 as presented.

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

Abstained: None.

6. CEREMONY

a. Rocky Ford School Foundation presentation to City Council

Mayor Tauer invited Nancy Paulson Aschermann, Superintendent, Rocky Ford School District, John Knapp, President, Rocky Ford School Board, Jon Moreland, Board member, Bob Nelson, Board member and Brian Burney, Chairman, Rock Ford School Foundation Board to come forward. Mr. Burney expressed appreciation on behalf of the Rocky Ford School Foundation to City Council for the opportunity to recognize the City of Aurora Utilities Department and the City Council for their contribution to the Rocky Ford School Foundation.

b. Swearing in of newly appointed Boards and Commission members – Presiding Judge Richard Weinberg

Name Board or Commission

Jamie March Historic Preservation Commission

William Moran Citizens’ Advisory Committee on Housing and Community Development

Marques Ivey Citizens’ Advisory Committee on Housing and Community Development

Carol Wilkins Cultural Affairs Commission

c. Public Works Department Accreditation from the American Public Works Association (APWA) – Ron Miller, City Manager

Mayor Tauer invited Ron Miller, City Manager, Dave Chambers, Director, Public Works, and Larry Frevert, APWA, to come forward.

Mr. Miller expressed appreciation to the City’s Public Works Department for the caliber of excellence demonstrated in their Public Service delivery. Mr. Frevert presented the City of Aurora Public Works Department with the accreditation. Mr. Chambers accepted the accreditation on behalf of the Public Works Department.

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-9j

General Business

a. Consideration to AWARD A SOLE SOURCE CONTRACT to Applied Knowledge, Inc. (AKI), Santa Ana, California in the amount of $64,377.00 for software maintenance for the Tax and Licensing (T&L) computer system through December 31, 2009

b. Consideration to AWARD A SOLE SOURCE CONTRACT to Hansen Information Technologies, Rancho Cordova, California in the amount of $215,165.00 for additional Hansen software licenses for Aurora Water

c. Consideration to AWARD A SOLE SOURCE CONTRACT to Hansen Information Technologies, Rancho Cordova, California in the amount of $191,500.00 for an upgrade of Hansen software licenses to Hansen version 8 for Aurora Water.

d. Consideration to EXTEND AN OPENLY SOLICITED CONTRACT to Loomis, Denver, Colorado for armored car service as required through April 30, 2010 in an amount not to exceed $70,448.00, RFP R-133

e. Consideration to AWARD COMPETITIVELY BID CONTRACTS to select vendors in the combined total not to exceed amount of $1,500,000.00 to cover the cost of asphalt mixes as required through December 31, 2009 (Bid #B-3866).

f. Consideration to AWARD A COMPETITIVELY BID CONTRACT to Urban Farmer, Thornton, Colorado in the amount of $599,769.71 for the construction of Homestead Neighborhood Park, Project Number B-5149A

g. Consideration to AMEND AN OPENLY SOLICITED CONTRACT to Camp Dresser & McKee, Inc., Denver, Colorado in the amount not to exceed $99,932.00 for providing professional engineer design support services during the construction phase of the Wastewater Collection and Westerly Creek Sanitary Sewer Realignment projects, RFP R-1279

h. Consideration to AWARD A COMPETITIVELY BID CONTRACT to Wildcat Construction Company, Inc., Kiowa, Colorado in the not to exceed amount of $4,999,500.00 for construction of the 2009 Cured in Place Pipe Project, Project Number 5176A

i. Consideration to AWARD A SOLE SOURCE CONTRACT to Gades Sales Co. Inc., Denver, Colorado in the not to exceed amount of $120,000.00 to purchase Traffic Signal Controllers through March 31, 2010

Motion by Sandstrom, second by Beer, to approve items 9a – 9i.

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

Final Ordinances

♦ j. Consideration of an ORDINANCE FOR FINAL of the City Council of the City of Aurora, Colorado, appropriating sums of money in addition to those appropriated in Ordinance Nos. 2007-67, 2007-77, 2008-34, and 2008-75 for the 2008 fiscal year and Ordinance Nos. 2008-49 and 2008-63 for the 2009 fiscal year

Motion by FitzGerald, second by Peterson, to approve item 9j.

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

10. RESOLUTIONS

♦ a. Consideration to APROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, Approving an amendment to an Intergovernmental Agreement between the City of Aurora, Colorado, and Aurora Public Schools (Joint District 28-j of the counties of Adams and Arapahoe) for the joint use of Murphy Creek K-8 School Playground, Playfield and City of Aurora Park.

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

Council Member Beer noted an Intergovernmental Agreement providing for joint use between the City and schools for facilities was a positive measure.

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 the Water Sale Agreement dated April 8, 1998, between the Front Range Airport Authority and the City of Aurora, Colorado, by and through its Utility Enterprise, regarding the sale of water for use at Front Range Airport.

Motion by Peterson, second by FitzGerald, 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 the Front Range Airport Interim Facilities Agreement between the Front Range Airport Authority and the City of Aurora, Colorado, by and through its Utility Enterprise, regarding the Front Range Airport Interim Wastewater Treatment Plant

Motion by Peterson, second by Pierce, 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, and the State of Colorado for the use and benefit of the Colorado Department of Transportation regarding Highway Maintenance of portions of Colfax Avenue and 6th Avenue.

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

Council Member Pierce asked if this resolution included street sweeping.

Chris Carnahan, Manager, Public Works, answered no, noting street sweeping was covered under state ordinances.

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, naming the Prairie Waters Purification Facility Plant, the Peter D. Binney Water Purification Facility.

Motion by Broom, second by Markert, to approve item 10e.

Council Member Broom, Chairman, Water Policy Committee, stated the Prairie Waters Project was an engineering and political marvel, which was on time and on budget. This was due to the efforts of Peter Binney and the Aurora Water staff. He expressed his appreciation to Mr. Binney for his effort and vision in this regard.

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 by and between the Urban Drainage and Flood Control District ("District") and the City of Aurora, Colorado, acting by and through its Utility Enterprise ("Aurora") Joint Weather Monitoring and other NPDES permit activities.

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

Council Member FitzGerald asked staff to explain the item.

Joe Stibrich, Director, Aurora Water, did so. He explained this renewed an agreement between the City of Aurora and the cities of Lakewood and Denver and the Urban Drainage Flood Control District to jointly monitor storm water in a cost effective manner.

Council Member FitzGerald asked the purpose of storm water monitoring. Mr. Stibrich stated this was a water quality control issue and weather monitoring met the terms of the storm water permit.

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 amending section 102-238 of the city code of the City of Aurora, Colorado, relating to the composition of the police “Old Hire” pension board and adjusting the designation of a quorum

Council Member Broom stated the Pension Board has selected a seventh member; however, the ordinance to install the seventh person was not prepared at this time.

Motion by Broom, second by Hogan, to defer item 11a to the May 18, 2009 City Council meeting.

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

DEFERRED TO THE MAY 18, 2009 CITY COUNCIL MEETING

♦ b. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, Amending Section 50-170 (B) of the City Code of the City of Aurora, Colorado Relating to Public Defender Applications:

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

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

12. PLANNING MATTERS

a. PUBLIC HEARING to consider an APPEAL of the Planning Commission's decision to deny a Conditional Use for a drive-through restaurant in the CCZD Fringe and the denial of a Site Plan Amendment with waiver for parking, generally located at the SW Corner of Alameda Avenue and Sable Boulevard (14400 E Alameda Ave) (Chick-Fil-A at City Center)

Council Member Hogan pointed out the specific language related to this item stated it could be waived by the City Council by an affirmative vote of not less than 2/3 of the entire membership of the Planning and Zoning Commission and the City Council. He noted the Planning Commission’s vote to deny the item clearly did not meet the 2/3 affirmative vote requirement, and asked staff how the item could move forward in that instance.

Bob Rogers, Deputy City Attorney, explained this ordinance was decided by Council in 1990, and under the existing law, Council has the option to approve the parking waiver and send the item back to the Planning Commission for further review and consideration or defer the item until the ordinance could be changed.

Mayor Tauer pointed out under the former option, the Planning Commission was under no legal obligation to vote with a 2/3 majority in favor of the waiver thereby preventing Council from approving the site plan unless the ordinance was changed. Deputy City Attorney Rogers concurred.

Council Member Beer pointed out the Planning Commission considered conditional use items and the site plan with waiver, and asked if Council might consider the items separately. Deputy City Attorney Rogers answered no, noting the item included a single-use, freestanding building, a drive-through and a parking waiver. The issue with handling those items separately was that a site plan approval was not valid without the parking waiver.

Steve Lewis, Atlanta, Georgia, representing the applicant, noted the applicant was under contract on the property and preferred a decision this evening.

Mayor Tauer asked Mr. Lewis if he understood the consequence of doing so. Mr. Lewis answered affirmatively.

Motion by Hogan, second by Markert, to table item 12a to a date to be determined.

Council Member Pierce asked Council Member Hogan to clarify staff direction as it relates to the motion. Council Member Hogan clarified the motion was to table the item to an indefinite date. In theory, any part of the item could return to Council but in practice, it would not unless a 2/3 vote of the Planning Commission or a revision of Council policy was realized.

Council Member Beer did not support the motion because the applicant deserved a decision this evening especially given their explanation regarding the property. He noted as the PED&R Committee Chairman, whether the motion passed or not, he would ask for this ordinance to be reviewed. He asked staff if the applicant would be required to resubmit their application should the ordinance be revised. Deputy City Attorney Rogers stated that would be determined by Council.

Council Member Broom concurred.

Voting Aye: Mayor Tauer, FitzGerald, Hogan, Markert, Peterson, Sandstrom

Voting Nay: Beer, Broom, Frazier, Pierce, Wallace

TABLED TO DATE TBD

13. RECONSIDERATIONS AND CALL-UPS

Motion by Hogan, second by Mayor Tauer, to reconsider and table the “NINE MILE STATION AREA PLAN”.

Council Member Hogan explained this item related to the Council vote on adding the Nine Mile Station Plan as an amendment to the Comprehensive Plan. The motion passed but not with enough votes to make it an amendment to the Comprehensive Plan. This motion would procedurally resurrect the plan and table it in order to provide the opportunity for continued work on the plan.

Mayor Tauer stated approving the motion brings the TOD back to life and allows it to be fixed and denying it makes the plan go away.

Council Member Sandstrom agreed to support the motion as long as no additional consultant dollars were spent on the item.

Council Member Markert asked why a motion was necessary to reinstitute a discussion on this issue. Council Member Hogan confirmed it was not necessary to reinstitute discussion but it was necessary in order to use the work already completed rather than restarting the process.

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

Voting Nay: Beer, Markert

TABLED TO DATE TBD

14. GENERAL BUSINESS

a. Consideration to reappoint one member to the Aurora Commission for Seniors

Motion by Sandstrom, second by Frazier, to reappoint Shirley Jorgenson to the Aurora Commission for Seniors.

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

b. Consideration to reappoint one member to the Citizens' Water Advisory Committee

Motion by Sandstrom, second by Broom, to reappoint Ken Phillips to the Citizens' Water Advisory Committee.

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

15. REPORTS

a. Report by the Mayor

Mayor Tauer announced the appointment of Dr. Lisa Van Bramer to the Aurora Youth Commission and the reappointment of Dale Mingilton to the Aurora Housing Authority.

b. Reports by the Council

Council Member Beer announced the Ward III Town Meeting scheduled for Wednesday, May 13, 2009 at 7:00 p.m. in the Aurora Room. He congratulated the 298 Aurora students recently recognized as Aurora Scholars, and appreciation to all those involved in the Aurora Scholars Program.

Council Member Wallace announced the reappointment of Pam Wilson to the Visitors Advisory Promotion Board, and invited all those interested in attending to the Human Relations Commission’s Mother and Women’s talk scheduled for Tuesday, May 12, 2009 from 6:00 p.m. to 8:00 p.m. at the Town Center of Aurora Food Court

Council Member Broom invited all those interested in attending to the Ward 6 meeting scheduled for Thursday, May 14, 2009 at 7:00 p.m. at the Talons Reach Library where the discussion would be the 2010 City Budget. He announced the appointment of Joseph Soto to the Aurora Youth Commission.

Council Member Frazier announced the appointments of Iman Jadallah and Marco Antonio-Garcia to the Aurora Youth Commission.

Council Member Pierce noted the city’s outdoor warning sirens would be tested on Tuesday, May 12, 2009, and announced the appointment of Katie Aker to the Aurora Youth Commission.

Council Member Markert invited all those interested in attending to the Ethiopia Reads event scheduled for Saturday, May 11, 2009 at the Central Library and to the Annual Police Memorial Service scheduled for Thursday, May 14, 2009 from noon to 1:00 p.m. at the City building courtyard

Council Member FitzGerald announced the appointment of Marc Morgan to the Aurora Youth Commission and invited all those interested in attending to the Cops Fighting Cancer Annual Bout scheduled for Saturday, May 23, 2009 at 6:00 p.m. at the Crowne Center Plaza.

Council Member Peterson announced the reappointment of Jose Luis Rodriguez to the Aurora Youth Commission.

16. PUBLIC INVITED TO BE HEARD

None.

17. ADJOURNMENT

Mayor Tauer adjourned the regular meeting of City Council at 8:43 p.m.

_______________________________________

EDWARD J. TAUER, Mayor

ATTEST:

________________________________________

DEBRA JOHNSON, City Clerk