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									                                                     MINUTES

                                   Regular Meeting – Aurora City Council
                                           Monday, July 10, 2006

          CALL TO ORDER – EXECUTIVE SESSION

          Mayor Tauer convened the Executive Session of City Council at 4:05 p.m.

          ROLL CALL

          PRESIDING:                                        Mayor Tauer
          COUNCIL MEMBERS PRESENT:                          FitzGerald, Hogan, Markert, Peterson, Pierce,
                                                            Sandstrom, Wallace
          COUNCIL MEMBER ABSENT:                            Frazier
          OFFICIALS PRESENT:                                City Manager Miller, City Attorney Richardson,
                                                            City Clerk Johnson
          COUNCIL MEMBERS ARRIVING
          AFTER ROLL CALL:                                  Beer, Broom

          Assistant City Manager Janice Napper announced the proposed items for discussion at Executive
          Session.

          CONSIDERATION TO RECESS FOR EXECUTIVE SESSION

          Motion by Pierce, second by Markert, to recess to Executive Session.

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

          The Executive Session was recorded pursuant to the requirements of State law.

1.      RECONVENE REGULAR MEETING OF JULY 10, 2006 AND CALL TO ORDER

        Mayor Tauer reconvened the regular meeting of City Council at 7:33 p.m.

2.      ROLL CALL

        PRESIDING:                                        Mayor Tauer
        COUNCIL MEMBERS PRESENT:                          Beer, Broom, FitzGerald, Hogan, Markert, Peterson,
                                                          Pierce, Sandstrom, Wallace
        COUNCIL MEMBER ABSENT:                            Frazier
        OFFICIALS PRESENT:                                City Manager Miller, City Attorney Richardson,
                                                          City Clerk Johnson

3.      INVOCATION

        Mayor Tauer, led all present in prayer.

4.      PLEDGE OF ALLEGIANCE TO THE FLAG

5.      APPROVAL OF THE MINUTES OF THE MEETING OF JUNE 19, 2006

        Motion by Markert, second by Pierce, to approve the minutes of June 19, 2006 as presented.

        Voting Aye:      Mayor Tauer, Beer, Broom, FitzGerald, Hogan, Markert, Peterson, Pierce,
                         Sandstrom, Wallace
6.      CEREMONY
♦    The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie
     vote of Council Members present. The Mayor Pro-Tem is always permitted to vote on all items.
July 10, 2006 City Council Minutes
Page 2


        a.      Presentation of Employee Awards and Recognition - Ron Miller, City Manager and Larry
                Mathis, Manager, Service Aurora

                1. Valerie Adair from Public Works developed an investigation and collection process
                   whereby people who damage streetlights are held accountable. In 2005 her process
                   collected $81,000 that would have been charged to the City.

                2. Mary Quigley from Court Administration developed an enhanced process for
                   collecting funds due to the City resulting from the submission of checks submitted
                   with insufficient funds. Her efforts through this program from July 2005 through May
                   2006 collected approximately $35,137.

        Mayor Tauer congratulated both employees and thanked them for their service to Aurora.

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

                Name                         Board or Commission
                Genevieve Cruz               Citizens’ Advisory Committee on Housing & Community Dev.
                Keith Nesby                  Citizens’ Advisory Committee on Housing & Community Dev.
                John Dingess                 Metropolitan Wastewater Reclamation District Board
                Anthony Ferraro              Metropolitan Wastewater Reclamation District Board
                John Kempfer                 Metropolitan Wastewater Reclamation District Board
                Kelly Schilling              Parks & Recreation Advisory Board

        Presiding Judge Richard Weinberg administered the oath of office to the board and commission
        members. Mayor Tauer and City Council congratulated the members and thanked them for their
        service to Aurora.

7.      PUBLIC INVITED TO BE HEARD (non-agenda related issues only)

        Commissioner Lynn Myers, Arapahoe County Commissioner, 5334 South Prince Street, Littleton,
        Colorado 80166, 303-795-4630 announced the 100th Anniversary of the Arapahoe County Fair
        and the grand opening of the new Arapahoe County Fair Grounds, 25690 East Quincy Avenue,
        Aurora, Colorado, E-470 on Quincy Avenue. The fair will be held July 21-26, 2006. Volunteers
        can check the website, www.ArapahoeCountyFair.com.

        Commissioner Frank Weddig, Arapahoe County Commissioner, 5334 South Prince Street,
        Littleton, Colorado 80166, 303-795-4630, stated he is also excited about the fair. He is glad the
        fair has a permanent home. The fair will be similar to a traditional fair with a petting zoo, mutton
        busting, exhibits, livestock, a toddler driving school, model airplanes, and fireworks on Saturday
        night. Mutton busting is children racing out and wrestling down sheep.

        Homer Branch, 17408 East Rice Circle, Unit C, Aurora, Colorado 80015, 303-690-8555 is a
        licensed professional engineer, who recently moved from Wheaton, Illinois. He has a neighbor
        with a golden Labrador retriever that barks all day. Mr. Branch is a dog owner who likes dogs. In
        the six months that he has lived at his current residence he has spoken to the owner of the dog
        about the barking. He has sought support from the Quincy Homeowners Association but has
        received no response. He has contacted the City Code Enforcement Division. He would like
        direction from the Council on how to handle the situation.

        Mayor Tauer directed Mr. Branch to speak with Frank Ragan, Deputy City Manager, to answer
        his concerns.

        Pat Tudor, 1724 Clinton Street, Aurora, Colorado 80010, 720-201-5551, thanked Council
        Members FitzGerald, Hogan and Pierce for holding an At-Large Town meeting and stated the
♦    The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie
     vote of Council Members present. The Mayor Pro-Tem is always permitted to vote on all items.
July 10, 2006 City Council Minutes
Page 3

        information was helpful. She is still waiting for the City’s policy regarding alley paving. She also
        stated there was money allocated for a broken rocking chair art project that was supposed to be
        built on Colfax and the project was delayed. She asked if the funds for the project were returned
        to HUD. She also stated she is a Structural Engineer.

        Mayor Tauer directed City Manager Ron Miller to contact Ms. Tudor to answer her concerns.

8.      ADOPTION OF THE AGENDA

        The agenda was adopted as presented.

9.      CONSENT CALENDAR - 9a-9c

        General Business

        a.      Consideration to AWARD A SOLE SOURCE CONTRACT to Bibliographical Research
                Center, Aurora, Colorado in the not-to-exceed amount of $113,000.00 to cover the cost of
                on-line library database services/maintenance as required through June 2007.

        Motion by Pierce, second by Broom, to approve items 9a.

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

        b.      Consideration to ACCEPT AN ASSIGNMENT OF A PURCHASE AGREEMENT to
                purchase 156 acres, more or less in Section 36, Township 3 South, Range 65 West
                Adams County, Colorado (Box Elder Investment Company).

        Pat Tudor, 1724 Clinton Street, Aurora, Colorado 80010, 720-201-5551 asked what was the
        appraised value verses the purchase price, and if anything paid was in the site agreement to
        whoever had the original contract.

        Lymon Ho, Manager, Real Property responded the City had a basic data report prepared by an
        independent appraiser. The value range for the property was $6,000 to $8,000 per acre. The
        purchase price is $6,500 per acre, which is in the lower portion of the range. There was not
        consideration paid for the assignment of the contract. Half the commission related to the contract
        is being credited to the purchase price.

        Council Member Markert asked if the City is purchasing property so it would not be subject to
        residential development due to the Denver International Airport (DIA) activities, and if there is
        approximate distances to avoid noise.

        Mr. Ho stated the property is being purchased so the residential development would not be
        subject to DIA activities. He said the property is within one mile of the DIA noise contour.

        Motion by Beer, second by Sandstrom, to approve items 9b.

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




        Final Ordinances


♦    The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie
     vote of Council Members present. The Mayor Pro-Tem is always permitted to vote on all items.
July 10, 2006 City Council Minutes
Page 4

♦        c.      Consideration of an ORDINANCE FOR FINAL amending Subsections 50-33(a), 86-
                 47(a)(11) and 86-36(a) of the City Code of the City of Aurora, Colorado, relating to the
                 Municipal Court and Business Licenses.

         Motion by Pierce, second by FitzGerald, to approve item 9c.

         Voting Aye:      Beer, Broom, FitzGerald, Hogan, 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 Memorandum of Understanding with the Aurora Housing
                 Authority.

         John Gross, Director, Finance, gave a brief description of the resolution. He stated this is an
         opportunity for the City of Aurora to extend affordable housing to the residents of the City of
         Aurora by putting a good faith backing of this loan with the Aurora Housing Authority. The City
         expects the Aurora Housing Authority to be able to extend affordable housing throughout the City
         of Aurora more than it would have without this backing. There is a $500,000 risk but it is unlikely
         such a call will be made.

         Council Member Beer stated he supports the resolution. He believes this will resolve a problem
         of affordable housing in the City of Aurora.

         Preston Prince, 10745 East Kentucky Avenue, Aurora, Colorado 80012, 720-251-2077 stated
         this has been an 18-month project. He acknowledged the hard work of the staff of the City to
         make sure this is a good agreement. This is the first type of agreement in the State of Colorado.

         Council Member Wallace stated she is in support of this resolution and she is looking forward to
         future projects by the Aurora Housing Authority in the future in Ward I.

         Pat Tudor, 1724 Clinton Street, Aurora, Colorado 80010, 720-201-5551, stated she is not in
         support of this resolution. She stated there were two lawsuits against the Aurora Housing
         Authority for allegations of misuse of funds to purchase property in New Mexico. She does not
         believe Ward I needs more low-income subsidized housing.

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

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

♦        b.      Consideration of a RESOLUTION of the City Council of the City of Aurora, Colorado,
                 approving an “Agreement Regarding Implementation of the Second Creek Drainage
                 Basin Master Plan” (Agreement No. 04-03.10) between the Urban Drainage and Flood
                 Control District and City and County of Denver, and the City of Aurora, acting by and
                 through the Aurora Water Enterprise.

         Council Member Markert asked if this item had gone through a Policy Committee.

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

         Voting Aye: Beer, Broom, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace
11.      ORDINANCES FOR INTRODUCTION


♦     The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie
      vote of Council Members present. The Mayor Pro-Tem is always permitted to vote on all items.
July 10, 2006 City Council Minutes
Page 5

♦        a.      Consideration of an ORDINANCE FOR INTRODUCTION amending various sections of
                 Chapter 146 of the City Code of the City of Aurora, Colorado, related to assisted living
                 facilities and continuing care retirement and amending Section 147-48, relating to park
                 land dedications for senior housing.

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

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

         STAFF REQUESTS DEFERRAL OF ITEM 11b TO THE JULY 24, 2006 CITY COUNCIL
         MEETING.

♦        b.      Consideration of an ORDINANCE FOR INTRODUCTION of the City of Aurora,
                 appropriating sums of money in addition to those appropriated in Ordinance Nos. 2005-
                 80, 2006-02, 2006-17 and 2006-27 for the 2006 fiscal year.

         Council Member Markert stated in a previous discussion regarding the budget structural revenue
         study, it was discussed there should be language included regarding the enterprise fund and the
         economic development fund as being allocated but expended after the criteria piece is in place.
         There should be language inserted, clarifying that the criteria for expenditures will need to be
         adopted along with expenditure allocations.

         Motion by Peterson, second by Markert, to defer item 11b.

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

12.      ORDINANCES FOR FINAL

♦        a.      Consideration of an ORDINANCE FOR FINAL of the City Council of the City of Aurora,
                 Colorado, adopting an amendment to the Comprehensive Plan extending the annexation
                 boundary to South Hayesmount Road between Jewell and Yale Avenue.

         Council Member Beer asked if the extension of the annexation boundary to South Hayesmount
         Road between Jewell and Yale would have an affect on Aurora’s Growth Allocation under the
         DRCOG model.

         Robert Watkins, Director, Planning, stated they used a flexible Urban Growth Area approach.
         There will need to be Urban Growth Area allocated to this location if it is annexed into the City.

         Motion by Hogan, second by FitzGerald, to approve item 12a.

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

         Voting No:       Markert




13.      PLANNING MATTERS


♦     The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie
      vote of Council Members present. The Mayor Pro-Tem is always permitted to vote on all items.
July 10, 2006 City Council Minutes
Page 6

         APPLICANT REQUESTS DEFERRAL OF ITEMS 13a and 13b TO THE AUGUST 28, 2006
         CITY COUNCIL MEETING.

♦        a.      Consideration of an ORDINANCE FOR INTRODUCTION adopting an amendment to the
                 Comprehensive Plan allowing for Medium Density Residential Use within the E-470/
                 Northeast Plains Land Use Map. (Case Number 2006-2004-00). Denied 6-1,
                 (Tobiassen voting yes) at the May 24, 2006 Planning Commission meeting.

♦        b.      PUBLIC HEARING and ORDINANCE FOR INTRODUCTION rezoning a parcel of land
                 generally located at the Northwest corner of Gun Club Road and Mississippi Avenue, City
                 of Aurora, County of Arapahoe, State of Colorado, from Buckley Research and
                 Development to E-470 Medium Density Residential and amending the Aurora Zoning
                 Map accordingly, 220 acres more or less. (Case Number 2006-2004-00) Denied 6-1,
                 (Tobiassen voting yes) at the May 24, 2006 Planning Commission meeting.

         Motion by Peterson, second by Hogan, to defer items 13a, b.

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

14.      RECONSIDERATIONS AND CALL-UPS

         None.

15.      REPORTS

         a.      Report by the Mayor

         Mayor Tauer presented pictures of the Aurora Symphony Concert and Fireworks display from the
         Fourth of July. He thanked the staff and residents for not letting the rain get in the way of the
         Fourth of July celebration.

         b.      Reports by the Council

         NOTE: For further information on applying for a board or commission, interested citizens may
         call 303-739-7094 or go to Aurora’s Web site at www.auroragov.org. Most boards and
         commissions have residency and voter registration requirements.

         Council Member FitzGerald announced Kid Spree will take place this weekend at Bicentennial
         Park from 10:00 a.m. to 5:00 p.m. Volunteers can call the City. Please come and enjoy.

         Council Member Markert announced a vacancy for the Building Code and Contractors Appeals
         and Standards Board. She also stated she likes the new City of Aurora maps.

         Council Member Pierce announced one vacancy on the Aurora Commission for Seniors.
         Council Member Hogan announced three vacancies on the Cultural Affairs Commission. He also
         announced his first appointment to the Blue Ribbon Board, Alfonzo Nunez.

         Council Member Broom announced two vacancies on the Aurora Fox Art Centers Board and two
         vacancies on the Visitor’s Promotion Advisory Board. He also announced he attended the
         Fourth of July picnic in his Ward and there were over 500 people in attendance.



         Council Member Sandstrom announced seven openings on the Aurora Youth Commission. She
         congratulated Pat Hayes who had been elected as the Chair of the University of Colorado Board
         of Regents.
♦     The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie
      vote of Council Members present. The Mayor Pro-Tem is always permitted to vote on all items.
July 10, 2006 City Council Minutes
Page 7


         Council Member Wallace announced the Northwest Aurora Neighborhood Organization (NANO)
         is having a free swim party at Moorhead Swimming Pool on Saturday, July 15, 2006 from 10:00
         a.m. to 4:00 p.m. Residents should show their identification stating they live in the NANO
         neighborhood.

16.      PUBLIC INVITED TO BE HEARD

         None.

17.      ADJOURNMENT

         Mayor Tauer adjourned the regular meeting of City Council at 8:20 p.m.




                                                           _______________________________________
                                                           EDWARD J. TAUER, Mayor

ATTEST:


____________________________________________
DEBRA JOHNSON, City Clerk




♦     The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie
      vote of Council Members present. The Mayor Pro-Tem is always permitted to vote on all items.

								
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