the regular meeting of the or City Council is called the water with the clerk please call the roll yes sir yeah mere topic here Mayor Pro Tem Johnston councilmember Burgin here member versions here House member Kim's present got the number Gardner here comes numbered river here councilmember Hills councilmember lesson here councilmember marcano present councilmember Mounier present okay everyone's here but Mayor Burton Johnston and councilmember Hills [Music] I'd like to have a moment of silence for retired Aurora a fire medic Paul Carey who served for 32 years on the Aurora fire department and served in various capacities after retiring 2010 in different ambulance companies and then stepped up to go to New York City at age 66 to help in one of the hottest spots in the United States in terms of the coal bed crisis and contacted the disease helping others and passed away and tell us why I'm a gardener myself were at the very International Airport last night when his body was flown in escorted by a New York City firefighters and there was a very Movil moving tribute to a hero that and his family and let us have a moment of silence in memory of our fire medic of Paul Carey thank you please join me in Pledge of Allegiance I pledge allegiance to the flag for which it stands two proclamations the first one is honoring Gordy banister senior um wife of doctor a husband I'm sorry of the late husband of dr. Barbara Shannon banister where as on behalf of the City of Aurora I call out I wish to record our deep sorrow over the past and mr. Gordy banister senior on April 6 2020 and whereas mr. Bannister was born in Louisiana in 1931 and graduated valedictorian of Booker T Washington High School in New Orleans after returning from a tour of duty in the United States Air Force in Germany mr. Bannister along with his wife Barbara moved to West moved west to Casper a Wyoming where they started a family it was in Wyoming that a boy began his work as a community advocate and whereas after relocating to the to the Aurora area in 1977 mr. Bannister became actively involved in a number of leadership positions with local community groups and organizations he was a founding member of the orchid community response team served as the first president of the or N double ACP and was a community ambassador during a papal visit to Aurora during World Youth Day and whereas mr. Bannister would go on to become a lifelong public servant whose never-ending fight to advance equality for all led him to become the Equal Opportunity officer for the state of Colorado and were asked whether mr. Bannister was working to advance equality or quietly doing good deeds in the community he touched thousands of lives and helped to positively shape the future of Aurora his selflessness and courage in the face of adversity particularly when you first became champion by equality in the 1960s and 70s remind us all to use our voices for change and to help build a stronger more accepting community for everyone hands now therefore I my coffin Mayor of the City of Aurora and behalf of City Council extend to his wife dr. Barbara Shannon bastard children and family or sincere sympathy upon his passing and proclaim a fourth as mr. Boyd Gordie Bannister senior day the recognition of mr. Bannister's many contributions to our city and for his decades-long fight for quality in witness whereof I hear to have set my hand and cause the seal of the city of Oracle rather it be fixed this 4th day of May 2020 Mike Hoffman mayor or Colorado the next is for Pastor Milton M Thomas senior whereas Pastor Milton and Thomas senior was a beloved pastor husband father grandfather working as a organizer community volunteer and founder of Thomas ministries and whereas pastor Thomas was born in Lexington Mississippi the youngest of 13 children and at 8 years old moved with his parents to Waterloo Iowa and was always proud of his heritage culture and civil rights upbringing and held a Bachelor of Arts degree in theology and divinity from McKinley Theological Seminary in Jackson Mississippi and where as pastor Thomas was actively involved in a wide range of community groups and organizations including a war committee community response team shop with a cop Aurora community of faith as well as other community business and religious organizations and whereas pastor Thomas had over 35 years experience as a pastor and used his talent to help organize job fairs beat more than 5,000 people annually throughout Colorado and sis with disaster relief facilitate clothing and toy drives provide school supplies and advocate for affordable housing whereas Pastor Thomas's life was dedicated the best into the best interest of the community churches police department individuals and all with him who came into contact the City of Aurora along with his very friends and family are blessed to have known him and been a part of his life now therefore I'm Mike Hoffman Mayor of the City of Aurora on behalf of City Council and members of the community wish to recognize and honor the service of pastor Milton and Thomas senior and proclaim May 7th as pastor Milton and Tom senior Thomas senior day and recognition of pastor Thomas's steadfast dedication to building a stronger and more caring community and to express our heartfelt such the and gratitude to his family upon his passing did witness were off I hereby set my hand and caused the seal of the city of Aurora Colorado to be affixed this fourth day of May 2020 my call the mayor Aurora Colorado um public invited mirror yeah mayor yeah we have a handful of comments for general public invited to be heard and go ahead and read them [Music] alright so the first comment is from looks like sub hot ok mayor City Council we know that we were going through trying times for the last several weeks and we are yet to get to the finish line well we have several challenges to face while trying to be responsible citizens and help our frontline workers to make things better it would really help to have more aggressive testing and hot spots why are we not doing more tests in Colorado when compared to states like Utah and Wisconsin testing more would enable us to quarantine the right folks and less exposure to CO good 19 for vulnerable groups it would also help better when the lockdown is relaxed other plans to get more tests kids what steps are you taking when the government is trying to open up a lot thank you and excellent is from Darlene Jones and her comments are dear Aurora City Council Mayor Coffman general manager Tim Twombly and Governor Jerry Pulis I know everyone is worried about the economy but our lives shouldn't should be a priority the coronavirus is the testing element for a cure regarding human life I abduct businesses being open early we need to make it clear even with small businesses open on May 1st 2020 but also the students should still not open their doors to receive goods or food if so face next mass need to be warned Rep Polk County is now listed as a hotspot for Colorado our numbers have gone down we still have new confirmed cases and new deaths texas open its state and now have more confirmed cases than like they did in the beginning we're forgiving those who are asymptomatic and are carrying coronavirus without knowing they had it I know a mother of two children who did not show signs what she thought she had was nothing to worry about I didn't know how she got an antibody test but that is when she found out that she had phobic 19 her children have not been tested nor her husband but feel that she did pass it on to them here's a student so I can imagine how many others she passed it on to this is one of the main reasons why rap polk county needs face mask mandatory for employees in supermarkets transports and small businesses as well as or the public who even enter those establishment not only testing will flatten the curve but face mask will help diminish the corona virus when face masks are mandated the numbers will go down hospital beds and ventilators we're not needed more people will die from Chrome virus if citizens or employees do not abide by the face back mask mandate order other than a find to be issued order than a fine should be issued most of these in the USA citizens are fined up to $1,000 for not wearing a face mask in public places Germany is 5000 in Korea is offering jail time sometimes you need a MV to work together to get excellent results in South Korea mandated the face masks their numbers went down when China mandated face masks their numbers diminish we need to do this until there is a vaccine to prevent coronavirus who is going to get hurt by wearing a face mask answer nobody I hope that this council Plus mayor of the mayor will push the governor the mandate states NASA and Arapaho cash and then okay I've been doing my stats so far since the opening of some states ten states increased in there confirmed to run direct case for in virus cases whether the states decided to shut down their cities again we need to think ahead of this coronavirus to get behind it they also provided a link to a YouTube video and we will order that on the next comment is from Marty say dear city council masks help prevent the spread of coded 19 while they are optimal in public place why are they not sorry why are they optional in public places in Aurora when I go out for essentials like food my right to protect the lives of my family preempts the right of the indifferent to choose not to wear one and except in the sectional situation requires exceptional measures please make masks mandatory in all public places in Aurora all right this one is from let's see Ronald Ernest tall hello I have a question for the City Council but mostly from Eric Hoffman Andy as he is the new leader of Aurora two-thirds of the city's main revenue sources is comprised of people buying things as we are all aware our code that 19 has a detrimental a direct impact on consumer spending furthermore the virus crisis has exposed existing underlying monetary problems for the US economy as a whole we've allowed China to manufacture everything for us and we individually and collectively dig deeper into debt to keep up our GDP that being said the City of Aurora along with the vast majority of mints holidays and governmental entities across the US are facing critical budget shortfalls the question is this and I hope and I would hope for a substantial and detailed answer instead of politically safe we are working on options what is the city's plan to balance the budget yet still provide services for the citizens of Aurora and keeper your time next one is and last one for public invited to be heard is from Michael Terry German made concerned below is my comments for tonight's Aurora City Council games and my name is Michael Terry I live in the fifth Ward I am the owner of Amorphis bully camp LLC I wanted to reach out tonight on behalf of the end Aurora BSL group we are wanting the council to know that we are still here and in support of one of the council's committees recent actions in regards to the current BSL the committee meeting back in March gave us an idea of the next steps in the process would be around May I believe it was supposed to be going forward to study sessions or something along those lines we would like to ask for an update on this current issue and its progression I just hope the couple will not allow this pandemic to cause the revisions to this issue to be forgotten or set on the backburner these canines safely concerning current outdated Aurora city ordinance should not be an issue that is forgotten the responsibility of these animals actions and how their owners should be held be being held responsible for said actions rather than the animals should not be forgotten I hope the changes with the animal ordinance will be addressed sooner rather than later as well as being made for a better living environment for all breeds to be welcomed to Aurora the city where people want to live I do hope that each and every one of you on staff as well and everyone out there in the city listening to this as being safe and staying healthy I wish you all the best in these times however I will continue the plea that you don't bully my bullies and open your hearts and minds to change their Kauffman Council members and staff I think you and all of council would see many benefits of having an American Bully as car to house the household during the East stay at home order days if anyone would like to see how Aurora brings so much joy to my life that's the dog a few days please feel free to let me know Aurora pictured below the American Bully would love to come meet you and your families until next time we are able to gather at the city's municipal building I wish you all good luck and good night and Mayor that's mean the public invited beer budget doctrine of the agenda and they're just real quick we did have a the wrong resolution attached to item 10c we work with the staff on that we're recommending if there's no objections that that item be postponed to the next meeting on the 18th I remember 10 see yes sir okay the agenda members took out Marsha um councilmember berzins thank ya okay okay it's been moved by councilmember berzins second bite I can't remember the agenda oh excuse me please finish this and then is there any opposition seeing none the agendas adopted elsewhere berber mayor I believe we need to approve the minutes okay it's not oh I'm sorry that approval of the minutes April 6 2008 mayor it's been moved by councilmember marcano seconded by councilmember crews to approve the minutes from April 6 2020 is there any opposition seeing none the minutes for April 6 2020 are approved we didn't get a vote on these at all days and I'll take roll call on this one okay councilmember berzins yes counselor laughing yeah maritime Johnston I'm Eric Hoffman yes councilmember Bergen yeah councilmember Coombs yes don't remember Gruber yes Felton americano yes councilmember Gardner yeah councilmember Moe Dee oh yeah minute they're approved unanimously full of minutes for April 20th 2020 they are moved to approve then it's April 20th Lulu my castle member Gruber seconded by Councillor Bergen to approve the minutes of April 20th 2020 would clerk please call the roll councilmember Bergen don't remember laughing yeah councilmember Marie oh yes councilmember mark on him yes councilmember Gardner yes councilmember Burton oh sorry are you cold you I'm good for to Johnston yes they're common yes counselor versions yes councilmember kings yes and councilmember groover yes the minutes are approved unanimously [Music] consent calendar is number our skin side calendar A through F man function look Bergen Oh tell salmon burger no a motion to approve 9 8 through 9 F with a waiver reconsideration on 9 e okay it's been moved by customer Bergen seconded by Councillor over to approve until adopt item 9a 9 9 8 vs 9 a decency D and F 1 9 e and with the waiver consideration on 9 he would clerk please call the roll yes sir that's another Gartner yes don't remember laughing yep member Tom Johnson yes help number Gruber yes councilmember berzins yes something number Kunz yes americana yes counsel number Bergen yes councilmember marcano yes and councilmember Mario yes items 9 a through f are approved we need to vote now with the clerk please read the title to item number 9 G yes sir all right nineteen consideration Burt ordinance for adoption of the City Council of the City of Aurora Colorado amending section 17-20 of the city code of the City of Aurora Colorado for designation of the floodplain administer there is a gentleman Burgert yeah yeah yeah members and so I knew who you meant um that's to approve 9g seconds it's been moved by Councillor burns and seconded by councilmember Coons to approve item number nine the G call for the question oh I'm sorry is there any discussion I see none uh call for the question come to member mark honor yes councilmember Coombs yes Erfurt um Justin yes number versions yes how's the number Gruber yes don't remember Lawson yeah councilmember rodeo yeah that's a number Burgin yeah councilmember Gardner yes 90 is approved unanimously with the clerk now please read the title to our number 9h consideration for an ordinance for adoption of the City Council of the City of Aurora Colorado amending section 66-34 be relating to fireworks promotion motion here comes whatever move to approve 9 H second Bergen itchy it's been moved by councilmember second by councilmember burger - burger burger number on the top of there are there any discussion I say none that I call for the question that's a number gardener yes not the member Bergen yeah how's another video yes council member Kim yes about the member marcano yes councilmember berzins yes council member Gruber yes remember Tom Johnston yes council member Lhasa yeah 918 is approved unanimously luckily now please read the title of an item number 10 a is there consideration to approve a resolution of the City Council of the City of Aurora requesting that Congress approves legislation extending economic release help to undocumented immigrants affected by the current health crisis related to Coba at 19 and Mary do have one speaker signed up for this item very well do we do that or do we need a motion for voices first I would recommend getting a motion in a second first and then we hope that they are moved to approve ten a councilmember Coons move by councilmember seconded by mayor second don't ever come to approve I'm number 10 a so this is what the clerk please read the comments yes sir okay this is from Arnie Schultz and Jim Merritt Hoffman and councilmembers Berg inversions Gardner and Gruber I'm writing to you to request that you change your vote on the resolution to provide individuals with taxpayer identification numbers to be eligible for coded 19 relief benefits the resolution appears as identified in 10a and and for the mayor May 4 2012 buddy session one of the main reasons in favor of the resolution is the fact that more than 1 million US citizens have been blocked from receiving federal stimulus checks because they are married to immigrants who do not have social security numbers in fact of the 1.2 million Americans married ingrid's only those who file doing tax returns are not in the military or not in the military are ineligible for stimulus funds by not supporting the resolution you are likely doing harm to those US citizens as you know the ITIN is a tax processing number issued by the Internal Revenue Service to ensure that people including unauthorized immigrants pay taxes even if you do not have a Social Security number and regardless of their immigration status ITIN allow for the IRS to bring in billions of dollars the federal government otherwise would have no way of collecting those immigrants we clearly take low-paying physically challenging jobs in the US citizens refused to do for additional laborers and burgers there was a plastic file on exciting of a point forth in a federal court in Chicago against the Trump administration treasurer Airy Treasury Secretary Stephen Merchant mission and Mitch McConnell over claims that they were denied stimulus checks because they were married to unauthorized on April 30th the federal appeals court ruled President Donald Trump's Justice Department can't withhold federal grants from sanctuary cities such as Chicago that extend protections to undocumented immigrants Thursday as it extended that injunction against the Justice Department to governments across the u.s. that don't cooperate with immigration agents in trying to identify and possibly deport people who are in the US illegally I believe that these two lawsuits also give you reasons to vote in favor of the resolution thank you for considering this that is it discussions there counselor McCombs oh okay love you I just would hope that once again my colleagues consider that this is related to our current emergency and emergency measures and that I have supported and will continue to support comprehensive immigration reform but at this time as mr. Schultz mentioned is we have citizens not receiving stimulus as a result of excluding undocumented immigrants but also we have people who are doing the vital work to keep our society running in to keep us all fed and should they become ill or need to take care of the sick family member which is more likely because they are frontline workers that it is to everyone's benefit that they be able to get the necessary support to stay home and keep themselves another state dr. Buerkle Thank You mayor so I once again thank us Americans for introducing this resolution and thank our new Souls for his thoughtful comments and I just want to echo to my colleagues who do not vote for this last time this is not meant to be a statement on immigration this is simply an extension of the benefits that all taxpayers are eligible for to folks who are paying taxes whether or not they are documented a lot of these folks as customer Koons mentioned our our front are our frontline workers they are keeping us fed and keeping our pantries well-stocked during this time so I just please vote in favor of this comes a strong message to Congress and all I have to say thank you other questions or comments I see no in the question before us is the adoption of item number 10 a with clerk please call or call the question councilmember Moo do that's whatever berzins No yes I'm number Gardner No councilmember Gruber another Koons yes John Johnston yes house number Bergen no we have a tie vote again on ten a mirror would you like to vote to break the tie what an order it's not currently tied its final you're right I apologize I guess mr. four knows yes but the mayor votes to make guitars the mayor of votes no right the mayor can vote to create a time so that means it is five defy and it does result in a time what the glory in this is seeing it not only results in a tie this is the second time there has been a tie so that that matter is now get the clerk please read to tell I'm number 10 B yes sir consideration to approve a resolution of the City Council of the City of Aurora Colorado condemning hate crime acts and anti-asian sentiments against asian-americans immigrants and refugees as related to the Cova 19 pandemic and I do have a handful of speakers on this one is lo Mayer motion it's been moved by Councillor murió and seconded by second homes with the clerk please read the public are invited to be heard yes sir okay the first one is from Fran Campbell [Music] Ganther I am biased as defined in the draft resolution number 2020 has directly impacted Asian American Pacific Islander AAPI owned small businesses in Aurora by the end of February 2020 hey P is mall businesses such as restaurants markets nail salons etc reported a noticeable decrease in patronage some restaurants reported a decrease of over thirty to forty percent this was before cases of coded 19 were even counted in Colorado business owners point to the Asian Chinese paranoia anti-chinese Yelp reviews and hateful comments made on social media as the cause of the decline now that businesses in Aurora are slowly reopening AAPI owners will struggle with bringing back those customers influenced by anti Asian panic it is hoped that the resolution condemning the hate crimes and anti Asian sentiments in Aurora will be an important statement of solidarity a statement that supports not just AAPI individuals but also AAPI small businesses during The Cove at nineteen crisis the Asian Chamber of Commerce has focused on gathering support for AAPI small businesses at the local city and state level we're grateful for our councilmember Krystle Maria for sponsoring resolution number our 20/20 and for being an advocate for the Asian American Pacific Islander community next comment is from this one's from Stephanie naheem good afternoon over our City Council members my name is Stephanie name and I am a patrol officer for the Aurora Police Department it's also recently on the board of directors for Asian Pacific Development Center and the Aurora mental health center thank you for the opportunity to testify today today I am speaking on behalf of the resolution to condemn hate crime acts and anti-aging sentiments against asian-americans Pacific Islanders immigrants and refugees as related to the coab in nineteen and ever I would also like to credit counselor Maria's the sponsor for this resolution in a large shift and racism towards Asians locally and nationwide consequently this has resulted in the increase in fear and anxiety among the Asian community for the police department the first step in combating hate crimes involves partnering with their community to instill trust this can be done by acknowledging the volatile situation increased hate crimes and restoring the community that they have the police department's support the Aurora Police Department has already taken the initial steps which includes a YouTube video from chief Wilson officer Chun and me the video encourages community members to make a police report if they or someone they know our victim of a hate in Colorado there have been several reports of verbal attacks with racial slurs and spitting a couple of examples from citizens of Aurora who wish to remain anonymous included a Japanese American male who stated a few weeks ago a man pulled up next to me in his car while I was walking my dog both are discussed I was fearful because I had my CID with me that he drove up quickly the community is scared right now this resolution is an important step towards encouraging our police our community to come forward for example after only being released a couple of days ago Aurora's police after mentioned YouTube video has been shared over 130 times already feedback from the community on the department simple recognition of hate crimes against Asian and support for the victims was overwhelmingly positive passing the resolution could be a catalyst for a chain reaction but this resolution the city confirms their support for the Asian community this support will in turn encouraged victims of hate crimes to come forward thus more reports will provide the police department of foundation to pursue justice and hands-on support for the victims thank you for the opportunity to testify here today if you have questions please feel free to reach out to me via email next comment in this one--it's room by Gigi Nagala all members of the temple and McDonagh dan gaby pro good evening I am Gigi Bella board chair for Asian Pacific Development Center and a rezidentura may I share some headlines with you man stabbed asian-american 2 year old child and family he thought they were spreading through Iran virus CBS News bullies attack Asian American team accusing him of having coronavirus see um she's a medical campus stigma and discrimination against Asian Americans on the rise Aurora Sentinel metro area minorities get a double dose of strike with Co good 19 crisis by FBI warns of potential surge in hate crimes against asian-american amid coronavirus for me our agent American community is suffering two viruses the corona virus itself and the virus of xenophobia along with this tremendous fear of the virus itself there is also anxiety that I and my family could become one of these headlines I'm always grateful living here in Aurora although prejudice have happened and can happen anywhere this is my first time where I'm actually afraid I wonder how I would defend myself is today going to be the day maintaining extra distance while walking peers shirring elevators comments about food that asian eats someone being told to go back to china or being blamed for bringing the virus being spit at verbally abused or worse being physically assaulted a young woman in New York City had to go to the hospital after she was allegedly punched in the face by attackers invoking anti-asian slurs these are stories we do not want to hear but these are stories we need to listen Thank You councilmember Maria for sponsoring this resolution I urge the rest of you the council to please be our allies in preventing racially biased harassment and violence against a community who is impacted by commitment team just like everybody else we all could not afford to be indifferent or worse to remain silent remaining silent could be seen as giving giving consent for these harassment intimidation and racism to happen by passing this resolution the council will leave the community in not becoming a silent you are automatically you automatically liberate me and others from our own silence and will help us have the courage to say loud and clear this absolutely unacceptable stop it and the last comment is from an Arri of Buddhist IDI heart I hear city council members this letter is written in support of resolution 2025 resolution to condemn hate acts and anti agent sentiments against even American immigrants refugees is related to the Oviatt 90 mm we ask you to support this resolution to send a message to the community that this vide of Aurora is against all acts of hate crimes and that the community should not be afraid to file a report with the police department even prior to the outbreak of Kovach 19 in the u.s. numerous instances of hate crimes and harassment against our community members many of these instances were not reported to the Aurora Police Department because of fear around interaction with law enforcement and immigration authorities ever since the outbreak of code vid 19 in Colorado we have heard a dramatic and against our community on a national and local level the asian-pacific policy and planning Council a three tcon has received over 1100 reports of hate crimes in the first two weeks of launching their hate crimes hotlines at a local level our partner agent a venire magazine has been receiving multiple reports of Asian community members being assaulted in her ass while they were out in public we want to acknowledge the great work he has done with issuing a statement of support and producing an educational video in multiple language we have a long history of collaboration with the CPG and will work with them to combat hate we now ask the city of Ellora Council to step up and pass the resolution so that all of us can speak in one voice the acts of hate crimes are not tolerated in the City of Aurora and he is the executive director for the Asian Pacific Development Center and that is the end of the public comment there can I speak I betcha I remember attendee the real resolution custom embryo Thank You mayor um and thank you to everybody if you guys are listening in for submitting your testimony I think it's really important that we stand in solidarity with our communities I'm especially um when they asked for it right um in regardless but in particular because we know that Aurora is a diverse community and what we're seeing even though and I don't believe any of us identifies Asian Americans um we're hearing from community that they aren't being impacted and targeted by this hateful rhetoric and I thought has no place here um and I think we sent a message to our community members that this is not okay it starts with the micro aggressive behavior right it's those subtle things that make you make it know that you don't you're not welcome and that you should be scared and um what we're trying to do is prevent that from escalating we don't want something um as terrible as some of those headlines to happen to members of our community and so um yeah I urge my colleagues to support this resolution I know we have had discussions in the past about on the effectiveness of resolutions that I often say that um this is a message for case um and I think you need to be unified on this front and in condemning hate crimes I I also want to note that in conjunction with this resolution we have been helping triangulate kind of back in in front end and what I mean by that is you know been working with the APD police chief Wilson as one of the main stakeholders and kind of internally working through um you know a point person that would be responsible for Amy's calls um so that we're making it as efficient and easy for folks to brain crimes as you know APD has a directive against bias-motivated crime that was authorized 15 by essentially she's met home but it's important that we're documenting these things even if it doesn't feel that way in the moment I mean it even if I'm on to something oh you know ap you're going to do their best to build cases for our folks we this is a kind of data and information that we are encouraging that helps the FBI for example build cases on hate groups and they are that that further protect their community long term and so again I urge my colleagues to support this resolution again we've done what we can to communicate the community and this is it this is in conjunction with um actual practice and evolution of that practice in the midst of covitz so I don't want to see any headlines and I think it says a lot of times of this notion that it's folks from Aurora to the Asian Pacific developments and our nonprofit community our direct service providers I believe it was the Chamber of Commerce Asian Avenue magazine so across and just straight across leadership are asking for support and I think we really need to move forward with it so I'm a disaster for your support in passing that further discussion are number 10 be there councilmember Gruber a couple of things first off I want to thank Suzy sang in the chinese-american Association they gathered at the beginning stages of the crisis they gathered thousands of Basques and donated them to our homeless shelters and Salvation Army I want to thank John Park and members of the Korean community that identified pass through their relationships in Korea for test equipment for we're testing the disease I think many of you know my wife is Asian and so my kids are half asian I don't believe that harassment is this proper not only to the Asian community but to anybody in the community I don't believe you know anyone should ask deal with intimidation or harassment or hate speech or cursing you know we saw a big incident of that yesterday at the Indigo Gate Plaza or Colgate crossing neighborhood and I don't think that should happen anywhere in society so again I am going to support this I think it's important to support our Haitian community further questions on your further discussion does Roberta I guess I just want to say that of course I will be supporting this in spite of my my comment in the past on resolutions but this is important dish for solidarity for our Asian community and no one should have to deal with any kind of hate towards them by the discussion sitting on the question before us is the adoption all right thank you I think I raised my hand just as you look down havesome I just wanted to say it yes absolutely I'm going to support this and I was listening to the comments coming in and I work with GG and Harry on the board of abort mental health so I know them and I appreciate them doing this and and you know like it's been said no one should have to deal with hate crimes us that's just wrong and no one should be scared living in a roar or walking the street so I absolutely I'll support this and those of you that know me under the resolution things I don't like all those warehouses at the top you know I think about half of them we could eliminate or put them together I'm just not aware as kind of person but I certainly do support the section 1 and section 2 and section 3 at the bottom of this resolution I just honestly I wish should we go a little bit farther and and pertain to not only the Asian Americans and the Pacific Islanders but talk about the Jewish people the Muslim people what kind of job you have your income level you have an accent I have a southern accent I get discriminated against - I can tell you that the political party your skin color your social standing at your education I mean we could go on and on so I wish it had included more but I I want to say thank you to the council member mario and Johnston or working on this together and you have my vote on it there's a further discussion that I've number-10 be me uh councilman Rio is it I thank you yes that was me I just wanted to thank everyone for their comments I know though I was a sponsor you know again the point that I made earlier is that this is key this is an ask from community right and so I definitely want to Center their voices in this process definite legwork of coordinating conversations bringing in police chief making sure that we're trying angulating but um about to me that was the least that could happen um and I'm not something that we should have we were already doing and just kind of formalizing and bringing enough attention to this conversation that yes there are other people who are marginalized and impacted and in this conversation generally about inequity and targeting and hate crimes yes but right now we're focusing on folks who are having having to deal with hateful rhetoric from from our president from um you know federal grounds from so um right now we're focusing on supporting and protecting them specifically so thank you all for your comments and again not to Center it on Romney and that will forget you're really making sure that folks who are impacted or the conversation help lead the conversation they're the ones to review the drafts who gave any edits to you know we're on multiple phone calls and conversations to build organize and communicate on the types of languages that were translated on that video and potentially offering the translators for those videos so in in so many ways it was community helping themselves and we're helping them and supporting them in this really important way so thank you all you know previous statements of one way or the other but I think this means a lot or the discussion on our number 10 be sitting down the question before us is the adoption allowed a number 10 B with the clerk please call roll there yes we've got a mission council member mark on it yes councilmember Gruber yes councilmember Bergen yes councilmember Coons yeah that's another gardener yes councilmember Murray oh yes don't remember laughter Mayor Pro Tem Johnston yes and councilmember berzins yes 10 D is approved unanimously I'm number 10 she is then withdrawn with a clip please read the title I've known item number 11 a yes sir consideration of an ordinance for introduction of the City Council of the City of Aurora Colorado appropriating sums of money in addition to those appropriated in ordinances numbers 2018 - 56 2019 - 17 and 2019 - 89 for the 2019 fiscal year here councilmember Buber then to prove that let me it's been moved by customer macGruber seconded by councilmember Bergen to prove I've number 11 a discussion seeing none the question focuses is may I goom's so I just wanted to clarify I know we had asked for the breakdown of the cost of the protests and I see that the protests in September is indicated as costing three hundred and twenty three thousand dollars over time and so I don't know that we ever got a more detailed breakdown of how one for hours and results in three hundred twenty three thousand dollars over time mister days all week and uh provide more information on that further discussion I'm sitting down the question before us is the adoption of item number ten a call for the question here pretend Johnston and what we're reading under this I just want to put by this is 411 a not ten a I'm sure I love it no worries now pretend Johnson are you there yes okay eleven a yes all right how's another Bergen that's a number Gartner yeah Kelton remotio yeah councilmember berzins yes that's another lesson yeah don't remember mark on him yes councilmember Gruber yes help Americans yeah eleven a is approved unanimously birth through the tunnel of odd number eleven be consideration of an ordinance for introduction of the City Council of the City of Aurora Colorado amending chapter six twenty two and one pieces of the city code related to the regulation and licensing business related to the manufacturing of happy there all right counselor versions thank you both to approve eleven be joined by councilmember berzins triple eleven be seconded by councilmember Gruber discussion I seen none call for the question that's member yes councilmember berzins yes councilmember Gruder yes not the member Mario yes don't remember LA sir yeah councilmember combs yeah pepper time Johnston yes councilmember Bergen councilmember Gartner yeah 11 B is approved unanimously Lord please read the title of odd number 11 C consideration of an ordinance for introduction of the City Council of the City of Aurora Colorado amending chapter 94 of the city code related to the unlawful sale used in possession at health budget councillor persons Thank You mr. approve 11 feet councilmember berzins moves to approve 11 C its seconded by councilmember burger and seconded by Councillor river discussion seeing councilman Rio thanks mayor I'm deciding where we asked for follow up on on how other municipalities test or on hemp I think the conversation revolved around it being similar to marijuana in an over I guess but until we were going to again regulate it and enclose a law similar to that but it didn't have the same effect so that was one of the points of contention for me I have a response um Robbie Rogers as she was here I think we're having a little problem there microphone let us check one thing real quick you need not get her on the way [Music] so much for technology I'm sorry is there is there staff can get response if not is there further discussion yeah there sorry yeah I was really hoping we could actually go a little more information on that on the web comes from Irma do Bharata I do have a lot of heart earn around making yet another thing illegal and perpetuating the stigma that is around marijuana that has been peopled around the use of marijuana for a long time yeah I mean I really I think we had asked for not just a little musical's have done but what specifically what our law what does our law enforcement really do around let's say someone I think the example was given we were discussing this last time bringing alcohol or smoking a joint at a football game like how would you know if you know water bottles actually full of vodka versus water we don't make it you know illegal to bring a bottle of water into a you know sporting event or something like that just because it could potentially be alcohol so I have a lot of concerns around you know using a product that doesn't cause any secondary effects that doesn't really impact anyone but you out in public okay a further discussion is and or any responses by a staff response there Mary do you have Robin on the line now so she can go go you can address that Robin go ahead yes hi mare um I'm sorry I didn't hear the complete question I guess I'll remember Marco sir so I guess until it's a mission two parts part one is echoing come from videos concern around what are other municipalities doing around how they handle that have any allowed the use of hemp in public and if so how is that being regulated and to again just say you know gripe about making yet something else illegal that actually isn't really harmful this is the equivalent of I guess in terms of secondhand effect smoking a cigarette and you know we're treating it like marijuana just because it might be difficult for law enforcement to discern the two so I brought up the fact that you could be drinking vodka or some other clear alcohol out of a water bottle and the oh and you know how do our law enforcement officers basically investigate that and could we instead you know treat it in that same fashion where you can you know bring a clear liquid into a space you can bring hemp into a space but if it's disturbing that it's marijuana then of course you're breaking the law right because that does have secondary effects people around you so could we go a little bit of guidance there it is Robin as far as the other cities or municipalities that are looking into this no one has proposed this we are what the first community to address this by trying to pass a prohibition on it the city of Boulder does have a field testing kit and I believe it was a continuation page that that they are that they do have according to the Narcotics Division they're not using it that there is a police officer that is attached to the marijuana action that did bring these tests forward I wasn't able to get any stats from her at this time our APD has weighed in and they are going to purchase some of these and they're going to use them they're also going to compare just to a lab test to see how consisted and how correct they are listen so as far as what we will plan on doing but the other cities like I said to notice the only one that I know of um the others I have not heard anything they have known address of smoking in public okay oh yes there oh sorry these disease guys are weird thank you sorry alright so it's been possible to interest motion to table this discussion until we verify that those kids are actually you know trustworthy and maybe then discuss that as a possible tool to discern between the two where is the ocean I'll second it there I voted a table I remember 11c by councilmember marcano seconded by councilmember Gruber discussion seeing none all for the question and on table in the item councilmember berzins no don't remember Hill I was very sheet here I encounter a lesson she's muted yeah hey how's the number mark on him yes councilmember Modi oh yeah councilmember berzins daddy about it okay here's a new house remember Bergin ever uh yep pepper Tim Johnson yes councilmember Gruber yes councilmember Lawson oh yeah yeah you're good and then councilmember Gardner no don't remember Koons yeah and mayor Kaufman well is it a tie no work to make a tie I hope oh you did Dan this is a motion to table Dan is not a Google okay I vote yes mayor votes just hey I'm the motion passes the councilmembers berzins and Gardner voting no let's go now please with the table bottom number 12 a kisser consideration of an ordinance for adoption of the City Council of the City of Aurora Colorado amending section 130 X 160 130 - 161 and 130 - 196 of the city code related to the special taxes on the sale of retail marijuana and retail marijuana products motion there all right council member Lawson final passes move on councilman Lawson signed by councilmember Coombs to approve number 12 a for final passage discussion don't remember Lawson those who disappointed in the first first reading I'm hoping that maybe I might get a little bit more support this is to actually backfill the programs which i think is essential in our community and also support our law enforcement officers oh I just wanted to thank you for the discussion seeing none the question before us is the adoption of item number 12 a call for the question yes sir all right councilmember berzins no mayor pro-tem Johnston yes that's another Burgin well councilmember Gardner no councilmember grouper no councilmember Koons yes councilmember Lawson yeah councilmember Connell yes councilmember Mounier yeah and that results in a 5-4 tie with council members Bergen person's partner and Gruder no mare vouches time by 4 here oh yeah he hurt no yeah okay look now please read the Kalevala number thirteen eighty yes reconsideration of resolution 20 20 - 22 review of the powers granted to the city manager by resolution 20 20 20 - the powers granted to the city manager which are set forth in the disaster declaration shall remain in place until a majority of council votes and the decoration Larsen move to continue the disaster declaration the new by customer Koons seconded by Mayor Tom Johnson second by Mayor Pro Tem Johnson to provide number 13 a discussion city manager from encouraging everyone to wear face cover they ignore places so as we reopen better that Benjamin Francis theater that many pieces appreciate further discussion I see none call for the question on item number 13 a public member moody no yes that's another lesson yeah that's another goober yes councilmember Kings yes pepper ten Johnson yes mayor cotton yes house another Bergen yes councilmember berzins yes that's another Gardner yeah councilmember Americana yes the resolution passes unanimously with the clerk now please read the total volume number 13b yes Murphy Creek eats planning approval call up and married you have a few acres that have submitted comments for this item as well variable motion may pretend Johnson yes I moved to call up the Murphy group create yes proposal moved by Meriden Johnson say goodbye Mayor Pro Tem a second of our council member of the panel to approve odd number 13b discussion and they're definitely can read the public comments at this point if you would like yeah please receive okay the first one came from Arnie Schultz however I could not open the attachment so I've asked him to resubmit it we will order that on if I do receive that the second one is from Maggie rash good evening my name is Margaret rash and I am vice president of Berk Metro district 3 as well as the vice president of Murphy Creek master HOA representing a 1191 households in Murphy Creek I've asked you to vote in favor of a call up of the murky Creek East applications of the public hearing can be held Murphy creeks Metro district worked with EGC neighbors and mile high blood district for a satisfactory resolution on the grading issues as the master HOA architectural committee rep the HOA has also followed this proposed development satisfactory resolution has been reached or filing - based on the documents uploaded to the city's development review website there are still few outstanding concerns regarding filing one the city asked the applicant to provide a letter from the villages at Burpee creeks ownership use authorizing modifications to the basin boundaries and peak flow rates and acknowledging responsibility for any future changes in density reuse that results in an increase of flows the responses from the applicant on April 28 20 28 states the after mention letter has been incorporated into the mus master utility study on page 87 after reviewing the documents on the development website the master utility study has not been uploaded therefore we do not know if this letter has been provided or not this is important to us as it could have YouTube financial impacts for us maintenance of the channel improvements for filing - have been accepted by mile-high flood district but not the drainage infrastructure improvements described in filing 1 our interim nature and are therefore not accepted for maintenance by a mile high flat district this cause is concerned for Metro district as this drainage will connect with the drainage in our Metro district north of jewell and we won't have any assurances that it will be constructed adequately to eliminate any danger of flooding or overtaxing our existing drainage infrastructure any problems could have future final financial impacts for us on behalf of our 1191 households I ask you to vote in favor of a collapse so that these issues can be addressed and resolved at a public hearing next comment is from Bonnie Rader we are Bonnie Rader and I am chairman of our um Phil super on citizens advisory group and Thomas Krause MD co-chair of the Lowery landfill Superfund the site Citizens Advisory Group on behalf of the CAG board I'm asking you to vote in favor of a call up of the Murphy Creek East application so that a public hearing can be held at the last council member meeting alton number bergen was very concerned about a call at meeting new information she also wanted to call these applicant applications up last year based on the new environmental information the CAG was certainly in favor of that but the call never took place as the applicant withdrew the application he has now resubmitted them and we agree with councilmember Burgin that new environmental information should be discussed at a public hearing since last year there is even more new environmental information available and we believe it would benefit both the city and the developer discuss it and we think councilmember Burgin for bringing this up mayor Coffman you showed your early support of the CAG by sending representatives to the initial CAG meetings and we hope you are still supportive of our efforts we also hope that you will stop allowing the city of Denver to pollute Aurora neighborhoods our CAG urges you to vote in favor of the Murphy Creek East colic so that the new environmental information can be reviewed during the public hearing thank you and last one is from Margaret Sobeys good evening my name is Margie so V murky so V and I'm president of the MCTC neighbors the Neighborhood Association in Murphy Creek when you voted on this item the last council meeting it sounded as though you were voting on the project and not the call up tonight I am asking you to actually vote on the call up and not the project the call up would allow the project to be decided at a public hearing although there are several reasons to have a public hearing in my three-minute time allotment I will discuss the main reason why mc/dc neighbors is requesting a public hearing it is because we do not believe that these applications particularly the FDP amendment were complete prior to the administrative decision being made that goes against the requirements of UVO section five point three point five which indicates that applications must be completed before they are reviewed for compliance and that a completed application is one that contains all information and materials required by the Planning Department and the you do On January 16 2020 the case manager cents the second submission review to the applicants and included the following statement then several important issues still remain you will need to make another submission on February 7 several files were uploaded to the website but they did not address all the issues that were required of the third submission I understand the technical issues are minor and can be approved by staff however important issues must be addressed with actual submission that require formal review by Planning and then responses by the applicant that is what was requested by planning on January 16th and should result in a complete third sum by the athlete a review by planning and responses from the applicant all of which should have occurred before the final minor issues were addressed with the technical submission but that did not happen until April 22nd almost a full month after the administrative decisions were made a review the third submission was finally made in a request for a technical technical submission to address minor issues was requested at that time the applicant then responded to the third submission review of comments on April 28 for our neighborhood this proves that the administrative decision was made prior to the application being complete and again this violates the provisions of you do section five point three point five when you vote on this co-op issue tonight I ask you not to vote I ask you to vote in favor of the call ups so that proper sending procedures will be followed thank you for the opportunity to speak that's all I have mayor bow discussion there 410 Johnston's hi thank you there I just want to say while I agree with with everything that all of my constituents discussed focusing on on their concerns is again I want to just bring it back as the so be said is that this is an issue due to the extreme interest of neighbors and the issue in the area of Murphy Creek to call it up I have a public hearing they get the details and their counsel can receive additional information on it so asking again for that opportunity to just call this issue up so that neighbors have that opportunity further there was a murmur burger all right yes there was a lot of public discussion on on the developer in general when they had their first original plan particular application was approved by our staff because it met all code billion requirements all of our rules and so it was administratively approved and for the developers to have predictability in moving forward with our city they need to know that if they follow the rules that they're not going to be held up and so I think through those reasons I'm sorry but I'm not going to be looking for the call up further discussion Masaru Gruber there there was a letter that council received from Bronstein Hyatt barber and Shrek that that wasn't read I thought it was going to be I could ask the clerk do you have a copy of that it was in her backup material yes yeah and we didn't read it because it did get published with the attendant but I'd be happy to read that would you please read that sure give me one second come from Hoover I'm here Coffman I will pull that up where you guys I think it's page 186 yep excuse me point of order while our clerk ins is looking that up returns essence yes I just have a question with our city attorney since we we usually don't read something from back up we have the opportunity for public to be heard on an agenda item if they do that ahead of time so I just like to have the city attorney weigh in on that because there is still also a privilege of having something included in backup which the folks who testified today did not have that so I'd like to have the the city attorney weigh in on on that appropriateness of having since we've read that in backup of having that also read this is Dan and he answers again we traditionally don't and don't read those issues however if a council member does a request that's an appropriate request to have it read into read into the record okay thank you okay mayor with that I would go and read the letter dear mr. Brosnan this letter is sent on behalf of our client when our colorado LLC the applicant for the development applications all three development applications were administrative lea proved by the Planning Director of the City of Aurora on March 25th 2020 we understand that on April 20 of 2020 at a regular council meeting Mayor Pro Tem Johnson made a motion to call up the administrative approvals of the development applications and then there's a parenthetical to Murphy Creek administrative approvals or approvals and that the motion failed by a vote of five to five we further understand that because the motion failed by virtue of a tie vote the city intends to again place the motion to call up Mercury Creek administrative approvals on the agenda for the main floor at 2020 regular council meeting by analogy of the Murphy Creek administrative approvals Lennar opposes the placement of emotion to call up the mercury Creek Administrator approvals on any agenda for any future council meeting pursuant to section five point three point one one of the roars unified development ordinance you do the Murphy Creek Administrator approved our final section five point three point one one of the you do states that the City Council may only call up development applications that have been approved administrative leave by the planning director if the motion to call up passes with the majority vote of all members of the City Council if the motion passes with the majority vote of all members of this be council the application should L be brought before the City Council as soon as practicable following the date on which the decision was made for review and consideration in accordance with the criteria provided in this video video section five point three point one one eight here the motion did not pass with the majority vote of all the members of the City Council or with the majority vote of all members of the quorum therefore the motion failed the city charter is consistent with video and confirms this result article 5 section 2 of the city charter states resolutions and motions shall require the affirmative vote of a majority of members present therefore under both section five point three point one one a video and article 5 section two of the city charter the motion to call up Murphy Creek administrator of approvals failed the you do states that when a motion to call up fails as did the motion on April 20th 2020 the decision made by the decision-making body is final if the motion did not pass or the decision is not called up the decision made by the visual or bodies listed in table 5 - 2 - 1 is final you do section 5 point 3 point 11 D the planning director is the decision-maker listed in table 5 point 5 - 2 - 1 and because the motion did not pass pursuant to both the UVO and the City Charter the Murphy Creek administrator approvals are final as of April 20th 2020 listen Berkeley Creek administrative approvals on a future council City Council agenda would thus be inconsistent with both video and the Charter failure of the April 20th 2028 of motion the fact that the motion to call up was defeated by a tie vote does not affect the finality of the Murphy Creek administrative approvals we are aware that the rules of order of procedure for the Aurora City Council and council rules state that if any matter is defeated by reason of a tie vote it shall be rescheduled for action at the next regularly scheduled City Council meeting unless the motions reschedule it to a different data as adopted City Council rules section 6 however by virtue of its location in Section F ordinances resolution amendment this rule does not expressly to apply to call up motion furthermore this rule conflicts with the sections of the UDL quoted above that's 8 the planning directors decision becomes final when a motion to call up the decision does not pass the City Council rules cannot amend a city ordinance or the city charter the fact that the April 20th 2020 motion to call up did not pass renders the Murphy Creek Administrator approvals final pursuant to section 5 point 3 point 1 1 B of the idea amedeo rules of construction section 1 point 6 point one of the UVO provides if two or more of the regulations in this e do conflict with each other or complete with other applicable laws or regulations of the city or complete with applicable state or federal law the stricter version the stricter provision shall apply however the city charter defines the regulations of the city in such a way that excludes the City Council rules whenever and then voting from the Tartar whenever the term rules and regulations is used in the city code it shall mean the whole or any part of rules and regulations adopted pursuant to the authority of a statute or ordinance governing the conduct of the public including modifications or amendments thereto and the personnel policies and procedures manual of the city but shall not include executive orders or matters relating to exclusively to intra and interdepartmental management and procedure city charter article 1 section 2 the City Council rules are not designed to be rules and regulations governing the conduct of public nor to be that personnel policies and procedures manual of the city as the rules that describe City Council procedure the City Council rules are instead much more analogous to matters relating to intra and interdepartmental management and procedure therefore section one point six point one of the you do does not apply to conflicts between the you do and the City Council rules the EO is adopted by City Council as a legislative matter that end has the force of law compliance with the UVO is not discretionary it's mandatory the City Council rules are adopted and revised from time to time by motion or otherwise and do not have the force of law the City Council rules may not supersede or amend the requirements of the you do in the event of a conflict or between the you do and the City Council rules the Evo must cover Express language in the Murphy Creek administrative approval finally another motion to call out the Murphy Creek administrator approvals would be inconsistent with the language of the approvals themselves the approvals each state the following as to their own effectiveness and finality the decision shall become effective after the second City Council meeting following notice of this decision to City Council or April 20 at 2020 fire to the effective date of decision of this decision the City Council may move to consider the site plan and earn overrule or modify this decision the regular City Council meeting on April 20 2020 was the second city comes to meeting public notice by Planning Department tool in our and all other interested parties of the Murphy Creek administrative approvals all of these parties were on notice that the Murphy Creek administrative rules would [Music] become final on April 20th 2020 if a call-out motion did not pass there for consideration of emotion to call up the Murphy Creek administrator approvals at the May 4 2020 regular council meeting would not only be at odds with the finality of the Murphy Creek administrative approvals pursuant to the AVO but also inconsistent with notice provided in the approval themselves we request that the city observe and respect the finality of the Murphy Creek administrative approvals and decline the place from Murphy Creek administrator approvals on any future City Council agenda as doing so it would be in conflict of the requirements of the you do and the city charter and with the language of the administrator approvals Lennar reserves the right to pursue all of its available remedies thank you for your attention to this matter further discussion mayor this is Dan if I could Dan money has met with Dan money who's our senior running a company has met and discussed with that both the attorneys for the landowner and as well as a developer he has a presentation here for you tonight I believe Steven has that so if we could Lincoln Dan and bring up his presentation I believe that will respond to the letter that was just read and we do have Dan on the line and my trusty side is loading the presentation dan can you hear us and we hear you senior there you may need to go to the top of your WebEx panel where it says communicate and make sure it says computer audio and if not I will give you a call and touch you in our Google who okay I think I have it I am you're doing we've done your presentation all alluded to just tell us when you want the next slide okay so I have spoken to both attorneys very cordial and I knew the letter was coming what the letter fails to have if you if any of you have your rules ordered procedure in front of you the preamble of it the very first part of it gives the authority and the authority is charter so I thought it'd be easier to show a slide than to just discuss it so City Council rules of order procedure authorities and charter C command state statute next slide please all right so here is city charter article 3 section a Talent so the underlying part is something I underlined the council shall prescribe rules of procedure to govern meetings so and be shuttled there is a must to mandate especially when this was done when these were created when the Charter was created shall states that you must have rules procedures just like any important Commission would have a bylaw and so forth a city council needs to have rules and procedures next slide code also City Code section 2 - 32 gives the powers of councils so this should say powers the council here what is underlined at the bottom the council shall determine its own rules and procedures and orders of business a shall keep a journal of the proceedings again it's shall there is no wiggle room on creating procedures and in this language directly mirrors the next slide which is state code so covered by statutes so now this states the exact same language you have to create and go by rules procedure in order of business I keep doing all of his proceedings again the reason why I put both when with the mayor in law is Rory's obviously a home roll but also statutory cities have the exact same language if we did not have language more than likely we would have to follow state law but we do that language in our Charter on that slide rules of order and procedures so at the top the preamble again is states in accordance with article three section eight city charter or Colorado the phone rules of words procedures are hereby adopted so on a 2002 Charter so it is does not need adopted and it states that it be amended from time to time and once the state that has to be admitted by ordinance it still has a way to the Charter behind it when it's submitted and then section talks about tie boats in this state any matter is defeated it doesn't make a difference what that matter is and so if that matters in ordinance if that matters a resolution if that matter is a vote for column it just defeated by a tie bow is she'll be rescheduled and that's again a shell it doesn't give any discretion doesn't say may be rescheduled or could be rescheduled it says shall be rescheduled next slide turncoat in statute they all mandate and when I say mandate it's because of the shalt language fell language especially as time of the Charter mandates that the action must be done and then tonight's vote is not inconsistent with the you do because there was no final vote so even though it didn't get the permit of vote there was no final vote each family's under the rules that are backed by charter um and that's returned to City Council and then next slide conclusion city acted appropriately and setting the motion for color to call up the development decision at night regular council meeting into the tie though at the prior regular becomes any questions so are you saying our you do is incorrect oh no so first of all the you do there's a purpose section of the you do and you do section a one point three under purpose does state this is one point three point to the states that ensures that all development of the it is consistent with a spare content of any other plans and policies adopted by City Council so the yo-yos intended to be consistent with council rules it's a it's not good to be inconsistent and so when the cola provision states that if the motion passes with majority vote the applicators shall be brought before and if not then it that shall be considered final however once I did the actual it doesn't say you know II do say that must a call it must happen within a certain time frame and that time frame is expired okay so actually no you'll the old code stated that the new code actually has no time for a minute however it is putting a time frame so what we would advise on the time frame the old code had it was a second City Council meeting from the decision and it was from the out the decision as the council and so the new code is absent of that we are putting it at that that back in and the reason why is that a rule if it is sittin by a polar body meaning a planning director Planning Commission were to be challenged under 106 as 28-day is to be challenged and so we want something within 28 days so that the developer advocate knows that they challenge their not so the two council meeting rule is a good rule it shift actually not in our you do right now it is absent of a of a time requirement and that is in the next round of Nimitz to do do you do we're going to put that back in okay I never liked it with not no longer in the you do so in the bottom line is you don't want to hold up some one application in good faith when they've met administrative approval and I guess that's why you need that time frame anyway yeah and but what we're talking about here is somewhat multiple different things and right now tonight's tonight's real discussion legally is that the council rules carry the weight of the Charter for the backing of the Charter and I believe it does I believe that the council roles that you guys see with have charter weight code way and statute way if you're ever able to you had to compare it's a state statute carries the weight of all of that so it has the backing of a charter and charter is obviously is basically the constitution of the city right so the Charter will overrule in the ordinance out there and the Charter says you have to have rules you have to have rules meant to follow on the on my interpretation further discussion councilmember Gruber so so bottom line so at the end of your discussion they agreed and said they weren't going to take us to court oh no they can take us to court I mean it pretty much anybody didn't take us to court whether or not they would win or that it had merit it's a whole different question so if the developer feels like they put time and effort into a project and they don't like the decision they can always do 106 move but what's that 106 motion would be to say did you act arbitrary capricious now they were wanting to challenge it instead on the actual rule then they would do it under hey your rule is unconstitutional in some form and that's even a harder standard that be beyond a reasonable doubt that they would have to prove that our code or rule R is wrong and in in a legal sense tonight is kind of a bigger question on whether or not you can rely on your rules of procedure to be correct and anything moving forward I believe you can further service every time Johnson thank you I I just wanted to to say I think this really highlights why we the importance of the City Attorney's Office thank you City Attorney money and bratzman City Attorney money for your presentation at the end of the day I mean attorneys interpret things that they want they're you know that is consistent with what we help their client and well I know there is a lot of research into Linares attorneys on that letter I I'm thankful that our city attorney took the time to present our rules and provide some counter to that information and the other side so thank you because women versions thank you and I just wanted to point out that we did get another letter from another law firm today backing up the Brownstein the Brownstein decision what they said this other law firm Dedham I'm sorry I don't have it in front of me are we read it but using our council rules and I do understand what mr. money said but you see our council rules to me creates a big instability to our our builders people that build our houses and what we just have like a 45 minute presentation on how we need housing in Aurora and all for all income levels because we can change the rules every meeting we have a Rules Committee and our Rules Committee can get together and say hey let's change it get six votes they're changed if I was a builder and I saw a council that kept changing the rules there's no way I would come to Aurora to build to put in time and money and I just think going by our Rules Committee knowing that we can change it all it takes is six those and where does that leave our builders who've invested time and millions and millions of dollars so I understand what you said mr. money and mr. Brosnan but I'm just saying going by the council rules makes me very nervous and I just don't think it's a very stable way to do housing business and reward further discussion yes ma'am councillor Gruber you nervous muted that was actually not okay guys remember Gruber so there are two points the first point is you know to follow on with what council member version just say you know the building community talks about five things that drive the cost of building land labor lumber law and doesn't forget one location but what's happened in this case is that there's another variable and the other variable is time so so the things that we're doing now are drawing out the time the multiple approvals and so on has been stated before this has come up you know we've been dealing with this specific issue for a year and a half they've had multiple meetings the folks who wrote the letters didn't like the answer but the one point that I wanted to ask the city manager about the accusations were that the City Planning Department did a poor job did not consider drainage did not consider the landfill did not consider he did not do their job well the implication is as a city planning is incompetent and and everybody does not at their head I work with these folks I don't think they are but I would like to city manager to talk about the quality in the the process that they go through prior to evaluating and an application like this is it a rough shot or are they thorough do they do a good job or do they need constant watching so if I can pass that to the city manager discounts councilmember I just say that our we have a professional planning department that has obviously they work on the you deal for several they know their responsibilities inside and out and then I think they checked all the boxes when they check this application just like that when they review any other application so if I could follow up do you have confidence that this this application should have been approved the planning director signed off on it is and with an administrative approval and I have confidence and faith that he did his job Thank You Roberto discussion I see ya back in the screen thank you yeah I didn't really read those comments necessarily as disparaging city staff I saw them more as you know residents of our city who we all work for includes our staff wanting a chance to have a public hearing on this and I think that you know it's incumbent upon the ward councilmember doesn't need to call that up and represent her constituency and I frankly don't see how having a public meeting is going to be so detrimental to a project that it will complete their things out of whack and make it completely unaffordable or some other such thing I mean part of what we do is we represent our constituency as well I've heard a whole lot about business business business and what about the builders that's that's true that's a factor and that's what we have a great staff and a process well part of that process is also the option to call things on behalf of our constituency so I think that you know when we're talking about process need to ensure that we're also recognizing our responsibility to our constituency and I am supportive of this call up so thank you mayor person Johnson for doing so further discussion seeing the question mayor mayor Coffman person yes I'll be brief because councilmember McConnell articulated a lot of my my concerns is I well I appreciate that what was brought up about the timeliness of development and the certainty that may be needed we really still in that same breath talk about the constituents and what they're asking and the neighbors and to me that is just as important if not more then than the business I they're the ones who voted for me expected me to represent them and when they didn't get a public hearing that they have been requesting like I said last time since November if it was really my obligation to to ask for that and to do that once again tonight thank you further discussion seeing none the question if councillor River I want to make sure that we understand what neighbors are we're talking about a district that is across the street and down the road from the neighbors so the neighbors aren't it's not like they're side-by-side there's a major thoroughfare that goes through people on one side of the road don't like what's being built on the other side of the road they've been fighting it for a year and a half every comment that they've brought forward every complaint as to why the landowner can't use the property that he owns in the way he wants to use it and why the Builder has to do it in a way the neighbors feel as opposed to the way the landowner feels is really what's what's at stake here so we're not talking we're talking different metro districts we're talking different groups there's a like I said a major Road so it's not it's this is more of a not in my backyard as opposed to a property rights issue mayor Mayor Jim Johnson um this project is called Murphy Creek East we heard from residents from Murphy Creek where those same residents didn't have a problem with an administrative approval of a development that was adjacent to that so they're not all the NIMBY not in my backyard there were some some real concerns with the landfill and other issues that again I didn't want to get into tonight it was just the call up but I want to clarify that these are folks is a Murphy Creek to east whether they're in one Metro district or another they're still part of Murphy Creek and deserve to be considered neighbors and residents in that community further question further discussion saying question a forest is the adoption of item number thirteen be call for the questions councilmember bergen no councilmember Mounier yeah yes okay perfect clarification please we're voting on the call up correct brick okay Thank You councilmember laughing yeah Alton number Gardner no I'll to number Coombs yeah councilmember Gruber no they're coming no they're for time Johnston yes Alton number Coombs yes again it won't the member mark on him I apologize to that and councilmember berzins I believe now no okay and with that we have a tie vote with Mayor Coffman pump number Burgin councilmember berzins council member gardener and council member Gruber voting now and again this is a second time around with a tie vote so the matter fails the general business mayor this is Jane Bronson sorry I've got another procedural issue moving that to 12 8 12 a was with an ordinance that passed five for word vince's requires six votes to pass under the council rules you have a member absent so with a member absent 12a will return to the next agenda to let you get a six book book or if you don't get a six vote on an ordinance it will die on on that reading variables thank you any general business reports we pulled by the mayor just very hard this is this very difficult time for small business particularly our local restaurants and want to encourage everybody to take the mayor's challenge and the order takeout or or delivery at least once a week and support our local restaurants mayor fortune Johnson's I have not been a report thank you don't remember Koons so first of all may the 4th be with you everyone its Star Wars day and I would be remiss if I didn't mention that on a more serious note yesterday May 3rd we had a situation where people were exercising their First Amendment rights peacefully and were attacked they had their property damaged people were assaulted and they were threatened and cussed at by the very people who previously had said that cussing was very bad and not something they wanted their children to be exposed to so I just want to make sure that we understand both a that peaceful protest is protected I are first and right that demonstrate within the hours required by our residential picketing ordinance and that that was met with violent I want us to think about both the hypocrisy and the dangerous that happening in our city and that happening while our police did not intervene to stop that we apparently spent two hundred thirty three thousand dollars to ensure safety at a protest at the end of last year I wonder how much we spent this year when we were not in fact even able to ensure the safety and the protection of personal property of people peacefully demonstrating in our city Thank You councillor rails thanks mayor I just I'm probably going to be hosting my made townhall virtue as well just to be as safe as possible I'm at the social distancing so Thursday May 21st I don't yet have a topic um but please tune in it was a castle on live so that was kind of an interesting experience I also wanted to echo the comments earlier made about pastor comments um it was really sad to hear of the news of his passing um it hit me really hard I remember had just got him a couple weeks ago um you know right before the tendyne Megan we were scheming about affordable housing and you guys know that's that's really important to me and he was a community pillar and though we did not agree on everything that I really respected his fierceness um in in protecting this community and being on apologetic and I want to echo my heartfelt condolences family his loved ones um I'm so sorry that that happened um and I do hope that when we enter whatever recover free looks like from this that we honor his legacy and his pursue in fighting for his project and he wanted to create a Land Trust to preserve the affordable housing unit in Ward 1 so I hope that that's something they are able to honor moving forward but thank you for making this common snare that doesn't work on Thank You mayor I just want to let everyone know that our next hall it's going to be on May 21st I'm trying to set up digitally sorry through WebEx and I'm trying you set up a presentation on public banking so if you want to learn about what that looks like with that what that is that could look like an Aurora and how it could greatly benefit the future of our city definitely be sure to attend and I also want to echo councilmember Coons with statements you know when folks are expressing the First Amendment rights whether you agree with them or not folks should be secure and their personal property and in there you know bodily autonomy and safety is aligned so we need to make sure of that folks who did not step up and do their duty they were sworn to do and witness these things happen are reprimanded and that you know free speech is preserved in our city thank you customer Bergen mayor so to address some of the comments about the tollgate neighborhood tollgate Crossing neighborhood protests that is in my ward and again this was the second time that there was a protest protesting really targeting a particular individual in the tollgate Crossing neighborhood oh and that is warden Choate for the Geo facility and people can say it's not targeting but it is because when you put on social media that you're going to harass a particular individual and confront them in their neighborhood to me that is targeting so of course you know I did get emails I got Facebook messages prior to the protest that people were very upset that this was going to happen again in their neighborhood now it was not people walking this time it was a car rally so they went in their cars and I believe there were about a hundred cars going through the neighborhood honking their horns yelling obscenities at people and it whether you think it's it's no big deal it is still brightening for something like that to happen in a neighborhood now to address what councilmember said that people had their cars keyed and and property damage those are allegations and I think in America we still are innocent until proven guilty so I don't condone any of that behavior or any violence but I don't know if that's actually true yet so until there's please report filed and until our police can investigate that and prove those charges we don't know again I don't approve of that but you know we just had we just had a resolution earlier this evening on hate crimes against people and I just it's it's terrible to have somebody so hateful or a group so hateful that they're going to come into a neighborhood and intimidate people because they don't like the actions or the fact that someone is a warden in a detention center yes everybody has a right to to protest what that's our First Amendment right no one's saying that they can't do that it's just it's just troubling and I just wish you know that people would find another way to communicate their their concerns and it's again if if people think that's productive to go and intimidate people in the neighborhood I don't think it is productive and people did get upset and I just it's just very hurtful that we have to have this happen so anyway might actually what I was going to say um for my rapport with them I am planning to have my Town Hall as it's scheduled for May 13 from 6 to 8 o'clock if I can figure out how to do the virtual Town Hall on WebEx so thank you don't remember Lawson but he remember Gardner yeah I think there I just wanted to follow up to what Mara Coffman mentioned at the beginning the procession and ceremony for Aurora fire medic Paul Carey last night I was I saw several council members along the route and for those who didn't see it it was a really beautiful ceremony there was over 165 vehicles in the process it was just really neat to see all the lights lit up and folks along the route with I'm flag as an interesting that respect to what mr. Carey had done for our community and I also want to say thank you to all the agencies across Colorado that showed up in support there was fire trucks and ambulances from all over the place including some out-of-state folks from New York so that was that was really neat to see in then of course mayor Kauffman and retired Fire Chief Roy Barnes spoke at the ceremony among some other dignitaries which was really good I think for for the family to hear but appreciate all that and then lastly just want to mention today's international firefighters day so well I'm appreciative of the Dove all our first responders do I want to say special things for our firefighters today for the for the job they do serving on the frontlines in our city it's a controller Gruber I'd certainly back that up watching that the parade go by the people who came to show their love councilman conversions and I were there watching and to see Strasburg abandoned Byers Northland Thornton and North Metro and South Metro and and just you know firetruck after fire truck ambulance after ambulance was an amazing show of love and then that that couldn't conflict more by you know with councilmember Burke and was just talking about that was a that was a parade of hate everybody involved in that was showing hate with the cursing that was going on the fact that we just voted on an ordinance to support the the minority community specifically the Asian community we knew we denounced intimidation we denounce harassment we denounced targeting I couldn't imagine the uproar that would occur within the city if a parade of hate like that had occurred anywhere in Ward 1 or any of the immigrant communities it would have been tolerated I wouldn't tolerate it and yet we have people on council that are better directly associated with the Denver communist abolish ice and Colorado People's Alliance that we hosted that so I'd announce that I hope I hope other people will denounce that as well as far as my business goes and when it announced that I am I have selected a chance for Russia to be my member on the business advisory board and I also want to bring out the fact we've talked a lot about government programs from talked about how to best use the federal money that we're receiving from directly from the federal government as well as from the counties rapo Adams and I guess we're going to get a little from Davos but how we use that going forward but I want to point out and I can't I can't stress this enough that the businesses are the ones that are going to lead us out of the funding crisis the businesses are going to rehire people that businesses are going to draw people back in the businesses are going to attract customers the businesses are going to keep the economy moving and the businesses are going to pay the taxes that we need to provide support to those less fortunate so as we begin to to spin back up let's focus on what we can do to make business happen to get people their jobs back and to get productivity going again so that we can we can wreak a coffee the economy here in Aurora thank you door buzzes Oh Thank You mayor first of all I want to say thank you to you mayor Kauffman and to councilmember Gardiner or representing the Aurora council last night at service for Paul Carey and my condolences to his family he was loved I remember I've been around for a while I remember him and he was a very gentle nice person and he died like a hero he was doing what he loved doing and that that's not I sent as councilmember Gruber said that procession was absolutely amazing it was filled with love for him for our first responders and people were out and it made me proud to be a citizen of Aurora too to respect our first responder so I want to say thank you to all the first responders and anybody that had anything to do with that you did an amazing job thank you to our firefighters because it is what national firefighters day and also well as well I'm giving out thanks I want to thank Steve Ruger for his persistence tonight and for getting us through a tough time butter on our executive meetings when we got you to a lot of technical problems so thank you Steve we appreciate your knowledge of electronic things and you did a great job I do want to tell the people of Ward 3 that the golf course Aurora Hills Golf Course is opening at eight o'clock this Wednesday morning so get your golf clubs out best of all you can start playing golf Wednesday now as far as the snack shop goes the tin cup that's still on hold for now which leads me into my art world meeting is scheduled for the 16th at the tin cup so as it stands right now it's not going to be open for us to have our Ward's be meeting at 7:30 in the morning but you know if you stick around long enough things will change keep your eye on my Facebook page and if something changes I will let you know that as it stands right now we cannot get in for our meeting so just fine to let you know that thank you thank you public and body to be heard Merritt we have none but I do have one comment I've been meaning to do this and I apologized a council member Bergen I just wanted to say for the record that we she has appointed dust in the bonnet to see ABC and his first meeting will be tomorrow so just want to make sure we got that into the record mayor hey Steve very good councilman burdened oh sorry I want to just thank Steve for for making that announce sure okay meeting is adjourned wait Mayor Joseph Emery I just wanted to say that I also reporting my business advisory board member and just also it's teacher appreciation week okay okay yeah okay thank you bye you