CALL TO ORDER REGULAR MEETING

Transcription

1 MINUTES Regular Meeting Aurora City Council Monday, January 25, 2016 CALL TO ORDER REGULAR MEETING Mayor Hogan convened the regular meeting of City Council at 5:01 p.m. ROLL CALL PRESIDING: COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: OFFICIALS PRESENT: COUNCIL MEMBERS ARRIVING AFTER ROLL CALL: Mayor Hogan Berzins, Cleland, Lawson, LeGare, Peterson, Pierce, Richardson Mounier City Manager Noe, City Attorney Hyman, Assistant City Manager/City Clerk Napper Bergan, Roth Assistant City Manager/City Clerk Janice Napper announced the proposed items for discussion at executive session. CONSIDERATION TO RECESS FOR EXECUTIVE SESSION Motion by Richardson, second by Pierce, to recess for executive session. Abstaining: Mayor Hogan, Berzins, Cleland, Lawson, LeGare, Peterson, Pierce, Richardson None The executive session was recorded pursuant to the requirements of state law. 1. RECONVENE REGULAR MEETING OF JANUARY 25, 2016 AND CALL TO ORDER Mayor Hogan reconvened the regular meeting of City Council at 7:30 p.m. 2. ROLL CALL PRESIDING: COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: OFFICIALS PRESENT: Mayor Hogan Bergan, Berzins, Cleland, Lawson, LeGare, Peterson, Pierce, Mounier City Manager Noe, City Attorney Hyman, Assistant City Manager/City Clerk Napper 3. INVOCATION Pastor Scott Bloyer, Elevation Christian Church 4. PLEDGE OF ALLEGIANCE TO THE FLAG (all standing) 5. APPROVAL OF THE MINUTES OF THE MEETING OF JANUARY 11, 2016 Motion by LeGare, second by Peterson, to approve the minutes of January 11, 2016 as amended.

2 Page 2 6. CEREMONY No Ceremonies. Mayor Hogan recognized Boy Scout Troops #127 and # PUBLIC INVITED TO BE HEARD (non-agenda related issues only) Margaret Durham, Suzy Cress, Alice Morgan and Norma Authier, Aurora, Colorado, Morris Heights Improvement Association, expressed concerns regarding the halfway house planned for Ursula Street. Council Member Berzins asked audience members opposed to the location of the home to raise their hands. Mayor Hogan recognized approximately 35 people raising their hands in opposition. Council Member LeGare asked staff to speak to how a use such as a halfway house was approved in the City without requiring any City planning processes. Michael Hyman, City Attorney, did so, noting the Federal Fair Housing Act, adopted 30 years ago, allowed homes for those with disabilities to be on par with ordinary residential housing. Council Member LeGare noted the Morris Heights residents stated they had no idea this use was planned for their neighborhood and asked staff if there was anything that would have prohibited the City from reaching out to the residents to provide that information. Mr. Hyman answered no. Council Member Bergan asked staff to speak to City code as it related to the number of occupants allowed in the home. Mr. Hyman did so, noting the City had a rule of one person per 150 square feet, however, the City did not limit the number of family members that could reside in a single-family home. Council Member Bergan asked if the home would be required to be ADA compliant. Mr. Hyman stated it would be treated as a residential home. Council Member Bergan asked if the home would be required to be run as a non-profit. Mr. Hyman answered no. Mayor Pro Tem Peterson stated, in all fairness, the program had been in the works for a long time and she contended the author of the plan, in this case, Judge Weinberg, had the obligation to notify the neighbors. She suggested Judge Weinberg attend the upcoming neighborhood meeting to better explain the program to the neighbors. Council Member Lawson expressed concerns regarding the home s proximity to schools and asked if there were any provisions in place in that regard. Mr. Hyman answered no, noting the house had been referred to as a halfway house by the residents but clarified it would not operate in that manner, such as housing for people just released from prison. He stated the house would be owned and operated by Aurora Mental Health and would house people with chronic mental illness. Council Member Lawson asked if there would be 24 hour onsite supervision. Mr. Hyman answered affirmatively. Council Member Cleland stated the home was given to the City through a federal program and the Judge found the house and offered it to Aurora Mental Health to house those who have gone through mental health court. She stated her understanding that the proposed residents would go into Comitis after mental health court and would then be placed in the transitional housing while working with a case manager to become productive citizens with permanent housing. Mayor Pro Tem Peterson stated her understanding that the mental health court meant someone would represent a person that was not mentally capable of representing himself

3 Page 3 including a referral process and was unaware that housing provisions were involved. She stated she was upset with the manner in which this situation was handled and asked that a staff presentation be provided to the Morris Heights neighbors so that they would know what to expect and who to call if a problem arose. Mayor Hogan stated the City could make that requirement of Judge Weinberg but not the other entities involved. Mayor Pro Tem Peterson asked Ms. Cress to contact her with the neighborhood meeting information. 8. ADOPTION OF THE AGENDA The agenda was adopted as presented. 9. CONSENT CALENDAR - 9a-9l General Business a. Consideration to AWARD A SOLE SOURCE CONTRACT to CSDC Systems Inc., Ontario, Canada in the amount of $55, for the annual renewal of software maintenance on the AMANDA Development Review and Permitting software system through January STAFF SOURCE: Aleta Jeffress, Director, Information Technology b. Consideration to AWARD A SOLE SOURCE CONTRACT to Intrado Inc., Longmont, Colorado in the amount of $151, for annual maintenance and support of the City's 911 Answering System in the main and backup communications centers through February 8, STAFF SOURCE: Aleta Jeffress, Director, Information Technology Motion by Cleland, second by LeGare, to approve items 9a 9b. c. Consideration to AWARD A SOLE SOURCE CONTRACT to Priority Dispatch, Salt Lake City, Utah in the amount of $599, to purchase a Dispatch Protocol Software System (ProQA) to enhance the City's E911 Answering System in the main and backup communications centers. STAFF SOURCE: Aleta Jeffress, Director, Information Technology Council Member Roth noted there were always questions when a sole source contract, rather than the competitive process of bid, was awarded and asked staff to speak to that concern. Michelle Wolfe, Deputy City Manager, did so, noting the company chosen was a sole source firm that could provide the services and solutions that could be fully integrated into the City s systems. Council Member Cleland stated there have been issues regarding the existing dispatch system where one jurisdiction could not communicate with another jurisdiction and this company could provide a more seamless system in that regard. Motion by Roth, second by Cleland, to approve item 9c.

4 Page 4 d. Consideration to AWARD A SINGLE SOURCE CONTRACT to Lewis Fowler LLC, Englewood, Colorado in the amount of $212, to assist the city in selecting a Citywide workflow management technology solution. STAFF SOURCE: Aleta Jeffress, Director, Information Technology e. Consideration to AWARD A SINGLE SOURCE CONTRACT to Mike Naughton Ford, Inc., Aurora, Colorado, in the not-to-exceed amount of $150, for the purchase of Ford OEM vehicle parts and repair services from March 1, 2016, through February 28, STAFF SOURCE: Mark Hinterreiter, Manager of Fleet Services, Internal Services f. Consideration to AWARD A SINGLE SOURCE CONTRACT to Wagner Equipment Company, Aurora, Colorado in the not-to-exceed amount of $100, to cover the cost of parts and repair services for Caterpillar and other miscellaneous heavy equipment from March 1, 2016, through February 28, STAFF SOURCE: Mark Hinterreiter, Manager of Fleet Services, Internal Services g. Consideration to EXTEND A COMPETITIVELY BID CONTRACT with Albert Frei and Sons, Inc., Henderson, Colorado in the not-to-exceed amount of $130, for the purchase of aggregate materials as required through December 31, (B-4089) STAFF SOURCE: Thomas McMinimee, Street Operations Manager, Public Works h. Consideration to AMEND AN OPENLY SOLICITED CONTRACT with AECOM, Denver, Colorado in the amount of $34, for additional engineering services for the Rampart Dam Outlet Tower Bridge & Trash Racks Project, RFP R STAFF SOURCE: Steven Fiori, Project Delivery Service Manager, Aurora Water Motion by Cleland, second by LeGare, to approve items 9d 9h. i. Consideration for USE OF VACANT OFFICE SPACE at E. Warren Avenue, Aurora, Colorado (Fair Share Jobs Inc.) STAFF SOURCE: Terri Velasquez, Director, Finance Motion by Richardson, second by Bergan, to send item 9i to the Quality of Life Policy committee with instructions that additional work on the City s vacant office space policy is required and that the additional work be concluded in time to send the item through the study session process and back to City Council by the March 21, 2016 Council meeting. Council Member Richardson applauded the Fair Share Jobs organization and their patience in this regard, noting his reservations did not relate to the organization but rather to his concern that the proposal was not in conformance with City policy. He proposed the item be reviewed by the Quality of Life Policy committee at their Wednesday, February 10, 2016 meeting, noting there was strong support for the proposal but also questions about the organization s responsibilities related to advising City Council of the progress and success of the program. He added, if Council should approve the item, the one year timeframe should begin from the March 21 meeting date and asked that a sufficient amount of time be put on the Quality of Life Policy committee agenda for this item because this policy would impact other non-profits that use City property, such as SolarTAC, Visit Aurora and Sister Cities. He stated it was necessary to create a good policy and agreement that comported with the policy. Council Member LeGare stated his opposition to the motion, noting the item had been reviewed by the Management and Finance Policy committee and Council approved the policy over a year ago. He noted if there was an issue with this lease or this organization, then the organization should not be penalized because of the City s issue. He pointed out there was

5 Page 5 not anything in the one year lease agreement that would create a major problem in a policy that might need to be changed moving forward. He noted he would support Council Member Lawson if she made an amendment to ask the organization to give a report 60 days prior to the end of the lease term. Council Member Richardson stated the use agreement was not an annual agreement which violates the terms of the policy. Council Member LeGare stated an amendment could be done on the floor to insert a sentence regarding a one year use agreement subject to renewal. Council Member Cleland stated her support of the motion, noting everyone that received free space should be equal and treated the same. Council Member Berzins stated the item went to Council over a year ago and that was a different Council at that time. She noted her understanding that a new Council was not bound by what was done by a previous Council. Therefore, she did not agree with Council Member LeGare. Council Member LeGare clarified it was not his suggestion that this Council should abide by what was stated by a previous Council, noting his statement was that a policy was in place and that the clarifications being asked for did not require the decision to go back to committee for review. Mayor Hogan asked Council Member Richardson if it was his intent that the March 21 date he suggested was a date in which the item would be on the Council agenda. Council Member Richardson answered affirmatively, noting he would expect to work backward from the Council meeting so that the committee could report to Council at the study session. Council Member LeGare asked if it was a breach of Council procedures to have the item reviewed and supported by the Management and Finance Policy committee and then reviewed again by the Quality of Life Policy committee. Mayor Hogan stated Council had the ability to assign issues to more than one committee. Mr. Hyman concurred. Voting Nay: Not Voting: Mayor Hogan, Bergan, Berzins, Cleland, Richardson Lawson, LeGare, Pierce, Roth Peterson (NOTE: City Attorney Mike Hyman issued the following opinion regarding the 5-4 vote on Item 9i at which a council member failed to vote on the motion under consideration: In my opinion, the 5-4 vote on CM Richardson's motion stands. Nothing was done at the time of the vote to question the finding of the Mayor that the motion passed by that margin. Nor was CM Peterson's "no" vote ever recorded (whether due to human or computer error). In fact, the error was brought to the Mayor's attention only after the meeting had been adjourned. Hence, there was nothing that could be done to correct the error that night. Our Council rules, however, provide an opportunity for reconsideration of CM Richardson's motion. A motion to reconsider due to the undisclosed failure to record a vote falls squarely within this rule. If a member on the prevailing side moves to reconsider the motion at the February 8th meeting and that motion passes, the item to be reconsidered (both CM Richardson's motion AND the Fair Share Jobs use agreement) will return to the agenda for formal action at

6 Page 6 the February 22nd meeting unless the motion specifies a different time. Please note -since the motion to reconsider can specify a different time, I am of the opinion that formal action could be taken on CM Richardson's motion at the February 8th meeting if so specified. Under these circumstances, if CM Richardson's motion should fail, the agreement itself would have to be placed on the February 22nd agenda in order to give the public proper notice of the underlying action. ) Final Ordinances j Consideration for ADOPTION OF AN ORDINANCE of the City Council of the City of Aurora, Colorado, amending Sections and of the City Code of the City of Aurora, Colorado, relating to drug paraphernalia and possession of a controlled substance. STAFF SOURCE: Paul O'Keefe, Deputy Police Chief, Police k Consideration for ADOPTION OF AN ORDINANCE of the City Council of the City of Aurora, Colorado, amending Chapter 122 of the City Code of the City of Aurora, Colorado, providing a procedure for the approval of certain Special District borrowings and other financial matters; authorizing officials of the City to take all action necessary to carry out the transactions contemplated hereby; and providing for related matters. STAFF SOURCE: Mark Geyer, Development Project Manager, General Management Motion by Roth, second by Pierce, to approve items 9j and 9k. Bergan, Berzins, Cleland, Lawson, LeGare, Peterson, Pierce, 10. RESOLUTIONS a. R Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, approving the First Amendment to the Amended and Restated Service Plan for Park 70 Metropolitan District and authorizing the execution of a First Amendment to the Amended and Restated Service Plan Intergovernmental Agreement between the City of Aurora and Park 70 Metropolitan District. STAFF SOURCE: Mark Geyer, Development Project Manager, General Management Motion by LeGare, second by Peterson, to approve item 10a. Bergan, Berzins, Cleland, Lawson, LeGare, Peterson, Pierce, For purposes of considering the following item 10b, the City Council will be acting ex officio as the Board of Directors of the General Improvement District Aurora Conference Center, respectively. b. R Consideration of A RESOLUTION of the City Council of the City of Aurora, Colorado, acting ex officio as the Board of Directors of the Aurora Conference Center General Improvement District, setting the date of a Public Hearing concerning the inclusion of property within the district and ordering publication and mailing of the notice of such hearing. STAFF SOURCE: Michael Hyman, City Attorney Motion by LeGare, second by Bergan, to approve item 10b. Bergan, Berzins, Cleland, Lawson, LeGare, Peterson, Pierce,

7 Page RECONSIDERATIONS AND CALL-UPS None 12. GENERAL BUSINESS a. Consideration of the appointment of one (1) person to the Local Licensing Authority. STAFF SOURCE: Karen Goldman, Deputy City Clerk, General Management Motion by LeGare, second by Roth, to appoint Angie Kendrick to the Local Licensing Authority. b. Consideration of the reappointment of one (1) member to the Civil Service Commission. STAFF SOURCE: Karen Goldman, Deputy City Clerk, General Management Motion by Roth, second by Lawson, to reappoint Deborah Wallace to the Civil Service Commission. c. Consideration of the appointment of one (1) person to the Aurora Commission for Seniors. STAFF SOURCE: Karen Goldman, Deputy City Clerk, General Management Motion by LeGare, second by Peterson, to appoint Gayle Govednik to the Aurora Commission for Seniors. d. Consideration of the appointment of one (1) person to the Citizens Advisory Committee on Housing and Community Development. STAFF SOURCE: Karen Goldman, Deputy City Clerk, General Management Motion by Berzins, second by Roth, to appoint Leandra Steed to the Citizens Advisory Committee on Housing and Community Development. 13. REPORTS a. Report by the Mayor No report. b. Reports by the Council Council Member Bergan expressed appreciation to City staff, City Council, Mayor Hogan, and her constituents, family and friends for the outpouring of prayers and support as she is being treated for cancer. She noted she has felt all of the prayers and has completed her first round of chemotherapy.

8 Page 8 Mayor Pro Tem Peterson expressed appreciation to the Colorado Martin Luther King Holiday Commission for honoring her with the Chairman s Award for Dedication and Commitment to the Dream. Council Member Cleland stated she was proud of the Broncos and offered her support to Council Member Bergan on behalf of City Council. Council Member Pierce stated the business license activity for the fourth quarter of 2015 was 162 net new businesses and 811 net new businesses for all of He announced the upcoming electronics recycling event scheduled for Wednesday, February 6, 2016 at Central facilities from 9:00 a.m. to 1:00 p.m. Council Member Berzins expressed appreciation to all those involved in the success of the recent Martin Luther King celebrations and congratulated Mayor Pro Tem Peterson for her efforts as well. She announced the Ward III evening meeting was scheduled for Wednesday, February 10, 2016 at the Aurora Chamber office at 6:00 p.m. and the morning meeting scheduled for Thursday, February, 18, 2016 at the Aurora Hills Golf Course Tin Cup restaurant at 7:15 a.m. Council Member Roth announced the Ward V Town Hall meeting was scheduled for Tuesday, February 16, 2016 at the Meadow Hills Golf Course Clubhouse at 6:00 p.m. where Aurora 8 and Access Aurora representatives would be present. Council Member Lawson expressed her support to Council Member Bergan, stating Council Member Bergan was an inspiration to her and to the community and congratulated Mayor Pro Tem Peterson on her recognition and award. She announced the At-Large meeting was scheduled for Wednesday, March 10, 2016 at the Aurora Central Library at 6:00 p.m. She emphasized to everyone to make a difference in the community by volunteering, noting she was volunteering to walk dogs at the animal shelter on Wednesday, February 20, PUBLIC INVITED TO BE HEARD None 15. ADJOURNMENT Mayor Hogan adjourned the regular meeting of City Council at 8:36 p.m. ATTEST: STEPHEN D. HOGAN, Mayor JANICE NAPPER, City Clerk