City Council Meeting 9 26 22

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foreign foreign foreign foreign [Music] [Music] foreign [Music] [Music] foreign meeting of the Aurora city council for Monday September 26 2022 is called to order when the clerk please read the rule mayor Kaufman here mayor Pro tem Bergen here council member Coombs president council member Gardner here councilmember durinsky here councilmember Lawson here councilmember mercano president councilmember Medina here council member Mario councilmember Sundberg here and council member zavonic here there's a quorum announcement of the public call in line information English and Spanish good evening City Council welcomes feedback from the public on both matters appearing on the agenda and during public invited to be heard if you would like to speak and have not already spoken to an operator please press star 3 for those watching on Channel 8 call 855-695-3475 and press star 3 when connected you will hear a prompt confirming you're in line to speak to an operator and then be able to continue listening to the meeting when the operator comes on the line please be ready to give them your name and the agenda item you wish to speak on keep in mind you must Press Start three before the city clerk reads the title of the item you are wishing to speak on and finally as a reminder Council does not allow comments on any items on the agenda during public invited to be heard thank you thank you for a second municipalities potato ES gracias now please join me in an invocation O Lord Our God and our father we come to you and we ask that you look upon this particular gathering tonight to keep us safe and guide us in our decisions bless our city with honorable citizens industry sound education and good government unite our community together even though we come from different backgrounds we pray that there be Justice and peace in our city give the city council and citizens the wisdom Direction and sensitivity to the business and proceedings before us tonight hear us therefore as we commit this meeting to the help of the community amen I'll do the land acknowledgment in mayoral comments a little later on executive session update an executive session we discuss negotiations for an incentive agreement approval the minutes um for Sunday honors or September 12 2022 motion do we need to do the Pledge of Allegiance oh please join me in the Pledge of Allegiance I pledge of allegiance to the flag of the United States of America and to the Republic which it stands one nation under God indivisible with liberty and justice for all um see no proclamations or ceremonies public invited to be heard Mary to do the approval of the minutes okay for a little minutes not my day today yes uh motion to approve the minutes uh motion moved by mayor Pro tem second by Sunbury council member Sunbury to approve the minutes for September 12 2022. uh discussion I see no discussion uh call for the question on the approval of the minutes for um September 12 2022. mayor Kaufman yes all right public invited to be heard mayor I'm sorry we're waiting for councilmember sunberg and council member us votes okay council member Mario I apologize my Instagram is not working um I believe I was not in attendance I'm gonna abstain okay the motion passes to to approve the September 12th council meeting minutes uh public invited to be heard yes we're the first person that we have is Ellen Wu followed by Derek Witherspoon I am presenting to you and the public a letter that was sent to the Aurora city clerk on September 12 2022. I'm presenting the letter so that it can be recorded as received and that it becomes part of the public record and I will hand a copy to the city clerk of this letter we are a coalition of Asian American Pacific Islander organizations and leaders located in Aurora and across Colorado running to express our extreme disappointment and disagreement with your recent rejection of the land agreement proposed proposal made on August 15 2022 the recent Aurora city council decision specifically the decisions from mayor Kaufman council member jorinsky sunberg Gardner zavornik Lawson and Bergen and comments regarding land acknowledgments are an absolute offense towards the indigenous community and their allies this rejection shows a blatant disregard for indigenous rights and hip misunderstanding of History made even more damaging coming from elected officials the recent actions of Aurora city council are and are a continued Injustice to the indigenous communities we implore city council to not only adopt land acknowledgments but also to learn more from indigenous groups about their history in Colorado we also strongly urge council member Daniel jorinsky to rescind the comment quote I am adamantly against this and if we have an entire department working on things like this like I said unless we are going to acknowledge that this is God's country I can't even believe this is coming from to city council tonight unquote America was not built on Christian values been on religious freedom such a statement is blatantly ignorant and also shows a distinct lack of separation of personal religious opinions for matters of the state the Asian-American Islander community in Colorado stands in solidarity with the indigenous community on this matter we respectfully request that the Aurora City Council provides a reply to the indigenous people they serve and addresses the harm that this decision has made has caused this Colorado has a long history of violence and discrimination against indigenous groups the Sand Creek Massacre being one prime example which saw the murder of several hundred Arapahoe and Cheyenne civilians further public invited to be heard yes I'm here we have Daryl Witherspoon followed by Zach Heaton hello Council thanks for having me uh my name is Daryl Witherspoon I approached this Council as a lifetime Aurora resident a father of two Aurora High School graduates a business owner and a previous felon who went to prison started businesses in prison uh and came out and brought the same issues to the streets I grew up in Morehead Rec Center learned how to play basketball there and learn how to swim there and everything my daughter's reception to her graduation was at Moorhead uh I seen what was going on in Moorhead it wasn't a lot of the community in there a couple of days later I watched you guys roll out and engage Aurora initiative to you know Engage The People where I spoke about the people that are in this community we don't haven't heard of any of you guys haven't seen any you guys on the ground I reached out to councilman Medina I was able to get into Morehead and where I introduced program curriculum where I would work with parents and other business owners to teach kids LLC stuff about credit yoga just different forms of meditation just the things to keep them out of the streets there's no place for them to go so I stayed here six weeks I don't live here anymore I have an art gallery in Vegas so I've been coming back to my community I moved out I went to come back and bring everything I learned to my community six weeks later as I'm waiting for a start date from the city I have been informed that I have a background a non-violent background I got out of prison seven years early I got out of halfway house early and four years earlier I've done everything I'm supposed to do from the state and now when it comes to me literally helping my community that brick wall was put up they blamed it on me not being insured councilman referred me to an insurance place to get me in my organization insured they stated you're a volunteer we don't ensure volunteers reported that back to the Aurora City Parks and Rec where I was denied in blackball I haven't got a response since when I asked for these policies about how long it takes for people to do things as a felon none of that was answered my problem is I'm still able to have a basketball team there I'm still able to if I want to teach kids rap music that's not teaching my community nothing I'm from what we need to learn from our own Community how to change and how to do things if they don't learn from somebody like myself who went through all these things and came back who they gonna learn from so there has been no direct policy it's not even been on Direct knowledge I went to Mrs Murillo no response since I asked about the policy since Danielle zwinsky has been coming through and really trying to help me get that she's great for that and we support that type of stuff when you actually have people that are really trying to change y'all push them away and I don't understand that so I need not probably won't get the answer today but it has to be something if y'all want to engage or work y'all have to bring a war which are there are leaders in the world and I'm one of them and if I'm willing to take forth and put all my time effort and finances in it are we supposed to have the backing of yards Daryl your three minutes is up thank you Zach Heaton followed by Ayanna Pierce uh good evening my name is zachian and I'm a resident of Ward 4 here in Aurora before I get to my address I would like to take a moment to thank each of you individually and collectively for your service to the Aurora Community I'd also like to thank Mr Potter and Miss Rodriguez for taking the time to explain the format and procedure of these meetings on the 12th of September I attended my first city council meeting I decided to come to the meeting to better understand why more people don't participate in the process I'd like to share with you some of my takeaways from that meeting starting at the beginning of the meeting I noticed that the vast majority of attendees were here for some sort of commemoration with mayor Kaufman I was shocked to see that when the gavel struck and it was pronounced that the meeting is in session but there was an exodus for the door it would only take an hour more to figure out why people don't attend within an hour this Council passed two conflicting resolutions on water use and exhibited close to zero leadership on the topic of mandatory jail time in regards to theft the theft legislation I found fascinating I had an opinion to add on the topic but by time I could get to the top of the room for a speaker card or find out the form online public comment was over and the legislation was passed I wonder if an educated 31 year old can't engage with the council how could I ever expect my 72 year old father-in-law to be heard by you by this Council considering I did not have the opportunity to speak then I will take it now council member jorinski your frustration in the last meeting and cruelty towards the homeless of as of late is simply a lack of leadership to council members McConnell and Coombs I can understand her frustration because the answer to her cry for help is political grandstanding around the budget there was a proposal made about angle monitors which seemed pretty reasonable and the whole thing was just shut down in an effort to evade it I only ask that more Focus be placed on what is good for this community rather than defeating your political rival if legislation could be reconsidered towards an effective measure I think that would be worth all of our time examples such as the above would happen less with more public input I would like to conclude my allocated time with some suggestions that make this what that would make this meeting hold more value and attract more participation if we are going to ask the public to surrender time with their loved ones then the least we can offer them is a feeling of ownership in their community I have a list available with more suggestions but a few to vocalize in the here and now might be a QR code at the seats and on the wall perhaps to access the public comment during agendas that might make it a lot easier for people to log in and talk to you guys I also think that it sends a message that one percent of our population is four thousand and don't have a hundred seats it doesn't exactly send a message that you want to you want people to be heard so that's all I got thank you for your time thank you for your service and uh happy Monday evening Ayanna Pierce followed by Robbie DeYoung council members my name is Ayanna Pierce I am a resident at Park Place at Expo Park which has been opened since the 1960s advertises that they have German cockroaches they put their residents with black mold they have numerous violations and are still open to this day and I am wondering who are they paying in the city to still be open at this time because I live with black mold my neighbors live with asbestos lead paint German roaches flooding our management doesn't even care as long as we fill their pockets as a human being I believe I deserve to feel safe in my own housing yet Park Place at Expo I'm pretty sure you've heard it on the news about the gun violence the stabbings the car theft all at that seven news has shared with me that they have done multiple newscast on this apartment complex and I feel my my city can't do anything to make matters better how am I supposed to trust my city to do anything right and that's all I have to say to you guys right now thank you for listening Robbie DeYoung followed by Katie mayor I'll recognize anybody right after public invited to be heard I just first two I wanted to get there I will do that right after public do you want its contact information is that the issue yeah just for the last two please send it to me too okay please proceed hi in case you've forgotten my name is Robbie DeYoung I'm with the next door group Stolen and vandalized vehicles in Colorado I want to let you guys know that we are going to be having a meeting where we are going to invite the public the members of my group which is over a thousand people at this point those people that have been victimized by these crimes are going to speak before the public they're going to be we have invited uh dignitaries that are running for political office we have invited the police department and you will all get an invitation as well but there will only be a few of you that will be able to address the public because the people that need to be heard for more than three minutes are going to have the floor and they're going to let each and every one that attends know what they have gone through that if for example if my 600 car is stolen but your thousand dollar or sorry your twenty thousand dollar car is stolen your car gets more preference over mine but I bet you I need my car more than you need yours so I want to let you know I'll be back up to speak in a little bit about the catalytic converters but I want something more than just talk I want you all to know how badly this is affecting your constituents now a thousand people plus that's a lot of votes and I can tell you right now there are more on one side than they are at the other because they want to be heard they want to be taken care of they want their cards to be as important to them to you as it is to them they want everyone to be hurt which is not being done here in this council's chamber what's happening is we get three minutes and that's it and then we just go on our merry way and you guys are glad that it's over with and I don't appreciate that anymore I don't appreciate it I came into this months ago trying to be as nice as I could I'm not going to be nice anymore we need people out here our officers we need to be supported we need to know that when someone is arrested for stealing or vandalizing our vehicles that they will receive the penalty that they should and that the victims receive the justice that they deserve thank you Katie followed by Tanya tabachek thank you you didn't even in a war um we're going to be talking about due process so something happened what was it yesterday over the weekend uh uh two men two male suspects were caught one uh was able currently to get due process the other ones not uh witness stated that um he was shot five times and also witnessed by a 10 year old child that he was shot five times his back was turned and his hands were up I don't think that's protocol to take uh someone's life as law enforcement also um so you guys need to further investigate that and not only that but then the two officers that shot the Man twice uh is on paid vacation so um there's another issue too um at consent decree meetings I didn't know the chief of police was allowed to threaten a citizen and then once it was reported you guys do nothing about it prime example I'll read an email goes to the deputy city manager just Jason seems to me that you're more okay with your chief of police threatening the citizens life but when it comes to my my language it's a problem do your job quit kissing ass that's why I cursed him out and uh that's the reason why I went off on him doesn't give him the right to threaten a citizen because I have First Amendment rights not only that also notice just now and it's actually on my YouTube channel one of your officers uh as there were arresting her touching her searching her that is not protocol a female officer should have been assisting that officer instead of her being touched not okay and it's on film like I said I will be watching each and every one of your officers and I will be holding them accountable I'm not playing with y'all so dig into this and the case number is two eight two two nine two the current case where uh the female was groped not okay and I even told him please can you get a female officer he says no officer's name is Officer G Gallegos ID number 318-509 I expect you guys to do something about it and get back to me on this because I do not allow a female citizen to be touched like that by a male officer so have a good day thank you Tanya tabachek good evening I'm Eric Hoffman and council members this past week was unfortunately a sad week for my father which I'd never be thought I'd be included in the car theft um share with my family my dad parked his car outside the Office Depot around 4 30 in the afternoon last Wednesday on Havana and Ironton had the wheel lock that we got from one of the outside of the mall locked it locked his car went inside less than 25 minutes later he came out when my mom looked at the handicap spot where he said he parked his car and it was gone um I was on my way to the gym and my mom called me twice seeing your car dad's car was stolen and I didn't know what to say quite upset per se um so I put it on Facebook I also put on next door and thanks to the next door um that is an awesome application and also neighbors I also did email everyone on city council and I wanted I did call councilman gerinsky and councilman Lawson and I appreciate their input and their help with me as well but someone from next door had texted my dad and said I believe I saw your car behind the actual place where it was stolen so I did get there at 10 o'clock at night with my dad because we had to go there to verify to the police that it was the car that was there and that they would send someone so he went there at 10 o'clock at night and we did call the police and I appreciate everything they do and they're understaffed they need to get more more police officers to assist we waited there until midnight I did not want to leave my dad's car until I saw police officer show up we were instructed though if someone did show up to the car for our own safety to leave now that's it's my dad's car I see it there's it's a decent neighborhood I felt safe and I I would have stayed until the next night at midnight until someone showed up um so uh as citizens of the war we need to gather it together we need to stand up and we know that this CR we need to help these criminals that needs to stop and we're known as Aurora strong not as a unsafety city so that was my main concern thank you mayor that was the last individual that was the last one uh does any member wish to comment or very well uh adoption of the agenda uh motion is in order um mayor mayor Tim uh motion to prove the adopt the agenda uh it's been moved by mayor for 10 seconds bye you're out all night here second by councilmember Lawson for the adoption of the agenda discussion I'm seeing no uh discussion uh uh call for the question on the adoption of the agenda mayor Kaufman remember what's yes council member Mario yeah the motion passes to adopt the agenda um next question is the adoption of the consent calendar item number 10A through 10e um remember Tim a motion to approve 10A through 10 e it's removed by the mayor Pro tem is seconded by whoms councilmember comes to um to adopt number 10 a through 10e discussion see no discussion call with the question on the adoption of the consent calendar item number 1080. mayor Kaufman remember Jess council member Mario yes the motion passes to adopt the consent calendar with a clerk now please do the title to item number 10A item 11. oh I'm sorry 11a 11 8's resolution 20 22 172 a resolution of the city council of the city of Aurora Colorado approving the IGA between the city of Aurora and the board of County commissioners of the county of Arapahoe state of Colorado for the Parker Road multimodal study uh brief presentation by staff thank you good evening mayor and Council my name is Victor Rochelle deputy director of Public Works this item is an IGA between Arapahoe County and the city of Aurora for a multimodal study on Parker Road from Mississippi on the North End to Hampden on the south end this fills a gap in the Network that has not been studied a study has been completed to the north and one has also been complete to the South the IGA is a cost split 50 50 with Arapahoe County the city's contribution is a hundred and ten thousand available for any questions you may have questions and staff seeing none a motion is in order councilman McConnell thank you sir move to approve 11a it's been moved by councilmember McConnell seconded by councilmember sunberg to approve item number 11a discussion seeing no discussion uh the question uh question before it says adoption number 11a call for the question council member Mario yes the motion passes to adopt resolution 2022 and 72. well Clark now please read the title to item number 11b item 11b is resolution 2022 173 a resolution of the city council of the city of Aurora Colorado approving the IGA between the city of Aurora and the Colorado Department of Transportation regarding the maintenance responsibilities for the Highline Canal Trail project a brief presentation by staff uh good evening mayor members of city council the proposed IGA is with CDOT and it establishes ownership and maintenance for the improvements being constructed by the Highline Canal Colfax to I-70 project the project is being delivered utilizing a Dr Cog tip Grant the IGA focuses on the improvements that are being constructed within CDOT right away so it's really just the pedestrian bridge that's going to be over I-70 in the associated structures uh the IGA establishes that the city will be responsible for the ownership and maintenance of that structure and staff is requesting a waiver of reconsideration with this item as its execution is necessary to complete the construction bid award process in and to maintain the Dr Cog tip Grant schedule staff is available for questions questions to staff mayor I'm here for Tim were the bids due on August 12th the bids were due I think it says it in my packet uh yes the bids are currently in uh they came in I believe August 12th does not sound correct though or maybe it got extended because it just seemed strange we're doing the IGA wouldn't it be we do the IJ before or no um so the funding IGA for the project that authorizes the city to proceed with the project is in place this is the maintenance IGA that just establishes the maintenance responsibilities thank you further questions of the staff I've seen known motion is an order mayor councilmember summer I moved to approve 11b approved by council member sunberg second of our Coombs councilmember Coombs to approve item number 11b discussion the city knows discussion the question before us is the adoption of item number 11b call for the question council member Murio yes council member zabonic the motion passes to adopt resolution 2022-173. well uh with a quote now please read the title to item number 11c item 11c is resolution 2022-174 a resolution of the city council of the city of Aurora Colorado approving the IGA for Mutual automatic Aid between the city of Aurora Colorado and the South Adams County Fire Protection District Colorado a brief presentation by staff good evening mayor and members of council Amala Robinette interim fire chief this is an IGA South Adams fire department has acquired a section of property and it made it advantageous for us to partner with them to Aid in our response we have a section of Aurora East of Dia they have a section that they just acquired on the west of eia so this agreement will respond one engine or truck from either agency to just Aid in our effective fire force in those areas questions to staff questions of the chief I've seen on the Christmas tree Forest is the adoption of item number 11c uh call for the question here we need a motion in a second no I'm sorry motion uh mayor do we uh man put him motion to approve 11c who by uh the member attempt seconded by zavonic second by council members wanted to approve on number 11c uh further discussion seeing nothing call for the question and the adoption of item number 11c the motion well Kurt now please read the title top number 11d item 11d is resolution 2022 and 75 a resolution of the city of Aurora Colorado expressing the Aurora city council support of the IGA between the city of Aurora Colorado acting by and through its utility Enterprise the urban drainage and flood control district DBA Mile High flood District the City and County of Denver and Southeast Metro storm water authority regarding major drainage way planning for four square mile outfall system plan a brief presentation by staff four square mile drainage basin that is actually directly Downstream of Cherry Creek Reservoir I do apologize in your commentary it mentions Westerly Creek that should say Cherry Creek but the study is tributary areas or the tributary streams to Cherry Creek Downstream of the reservoir and it actually crosses four or three different jurisdictions Arapahoe County whose stormwater agency is southeast Metro storm water authority better oh that's a yes um uh Southeast Metro storm water authority city and county at Denver and Aurora the the cost share is proportionate to the amount of drainage area within each jurisdiction so Denver and semcois are both responsible for forty five thousand dollars each Mile High flood District pays a hundred thousand and what we're asking this evening is Aurora's contribution of ten thousand dollars for the for the full study cost of 200 000. questions to staff seeing none motion is an order mayor councilmember sunberg I moved to approve 11d moved by council member sunberg second by Coombs second by council member Coons to approve item number 11d discussion seeing uh no discussion uh the question forces the adoption of item number 11 D call for the question the motion passes to adopt resolution 2022 175. okay now please read the time time number 11e item 11e is resolution 2022 176 a resolution concerning the tax exempt direct loan to be obtained by the Aurora urban renewal Authority and the initial funding and replenishment of The Debt Service Reserve fund therefore and authorizing certain other actions in connection with such loan uh brief presentation by staff good evening Teresa sudmak City Treasurer I'm here to present the moral obligation resolution related to a loan between the aura Aurora urban renewal Authority and nbh bank for the purpose of refinancing in 2014 loan which funded the construction of a publicly owned Conference Center and parking facility at the Hyatt hotel which is located adjacent to the Anschutz Medical Center with the within the Fitzsimmons urban renewal area the aura board at its meeting of September 12th approved of resolution authorizing the refinancing of the 2014 loan mirroring the terms of the 2014 loan the resolution before you authorizes the funding of The Debt Service Reserve in connection with the 2022 loan and specifies that in the event Debt Service Reserve is depleted in order to satisfy interest and principal payments a requests for appropriation is required to replenish it to its required level the resolution also explicitly states that while is the intention and expectation that the city makes such appropriation if necessary the decision as to whether to appropriate the required funds is within the sole and exclusive discretion of city council this resolution includes a waiver of reconsideration in order to allow staff clear authority to act between this meeting and the closing of the loan that concludes my presentation I'm happy to answer any questions you may have in this regard questions and staff uh seeing none emotion is in order uh councilman comes 11 e by councilman coomb seconded by Medina uh council member oh council member Medina sorry second about councilmember Medina are you look so much alike uh Mike councilman media and um further discussion mayor what's that further discussion mayor I'm sorry councilmember jarinsky um [Music] a book needs to know that allowing the city um you know to not uh to to not have to pay this off and do what they said they were going to do in the first place when they took out the first loan um this is over a million dollars in interest alone on this loan being accrued and forced on the taxpayers of Aurora so I will not be supporting this still uh further questions further discussion mayor mayor mayor um we do not Finance this what what are the consequences would we have to pay off the loan immediately loan is actually financed through revenues sales tax revenues Lodgers taxes sales and use taxes not from the general fund so if we did not refinance to Sloan it would be an event of default actually expires in 2024 so we have two years but if we did not continue it would be an event of default it would look very poorly on the city would affect our credit um in the eyes of the public this project was financed at the request and the priority of city council at the time and um it just would reflect very importantly on the city okay thank you if I can um I I don't think the question before us right now is whether or not to go forward the project that decision was made by previous Council long before I became mayor and so it was that Council that entered into this entered into debt to finance this and so uh what what would be the consequence if we defaulted what is our radio what is our credit rating right now uh I know it's different from different agencies we have a double A1 credit rating from Moody's which is the highest you can have if it's not a general obligation of the city we have a very strong credit ratings which has served us very well in the markets this is not directly related to our credit ratings because it is a tiff financing which is backed by specific revenues which are not General revenues of the city however it would reflect very poorly on the city and I think it would have negative impacts from a rating standpoint definitely would reflect poorly in the investment community so what would probably what would be the the probable rating if there were a default I I can't answer that question I'm sorry okay but it would lead to much higher interest payments well but this is just this is essentially a revenue bond is it not it's increment okay and so you're saying that that it it would not have a I'm not clear on whether on your comment as to what what it's impacted it impacts the credit rating of General obligation debt as well we don't have any one it's all revenue debt would it impact water infrastructure debt okay okay very well uh further discussion uh council member joinsky um you would have until 2024 why can't we pay this off by 2024 because there are insignificant tax increment revenues at this point to pay it off the original loan was entered into as a construction credit so it into it financed the construction of the project it was always the intent when the project was constructed and was operational that the revenues from the project and the tax increment area would repay the debt that tax increment area and that finance that those funds run through 2039 so we are extending the loan now to 2039 to match that tax increment timing and if we did a bullet we would not Aura does not have the revenues to repay that and so mayor can I ask another question please proceed and um you can you confirm that this would be at least a million dollars in interest on on this loan to the Aurora taxpayers it is much more than a million dollars in interest however it is not to the Aurora residents per se it is within that tax increment area tax increment areas are established to create Economic Development within an area and it's not a general obligation of the actual taxpayers or the taxpayer base of the city further discussion mayor mayor uh council members yeah so I just want to make sure it's so part of the reason correct me if I'm wrong if from your original presentation the reason that the revenues were insufficient was because of the loss of Revenue during covet is that accurate that is there are two issues you're talking about the tax increment area has revenues that span a period of 25 years yeah okay those revenues will be repaying any debt associated with the project because these only went to 2024 we didn't have that entire Revenue stream to repay any obligations we have been supporting the project through Aura revenues not general fund revenues yeah because they have not been sufficient to debts to fund Debt Service we are anticipating that as we stretch those payments through the remainder of the Tiff period that those revenues will grow to a period to a level where they will fully support the debt on the on the project okay can I ask a follow mayor please just um so second part is if we didn't do this I would assume that the only way that we could avoid the the default would be to then use general fund Revenue to backfill this is that correct in which case then taxpayers would be on the hook again to do it I know that would be a big amount of general fund but I'm just suggesting that they would either be default or use general fund dollars I believe that's true because Aura would not be able to repay that obligation and it is an obligation of the aura not the city in general that's all right further discussion mayor uh mayor Tim I had I had asked this I think during study session but um the reason we had a balloon payment was because it was a construction loan correct that is correct and it was intended to be refinanced it was intended okay thank you uh councilman mayor thank you um and that loan that construction loan that was financed would have a balloon payment in 2024 right because there was always the expectation to refinance that is correct and we are trying to refinance it now because the industry itself has recovered quite significantly from the negative impacts of covid and interest rates are moving up so as things are improving for the sector we want to avoid any further increases in interest rates and also get ahead of any any negative impacts that a potential a potential downturn in the economy would have on that sector as well further discussion uh seeing none motion is in order mayor we have a motion in a second uh motion is in order we do I'm sorry yes uh further discussion I've seen non-course before us uh is the adoption of item number 11e uh call for the question the motion passes with one no vote from council member gerinski for resolution 2022 176. um items number 11 F through 11k staff will give one presentation over those items on the agenda good evening mayor and City Council Members my name is Alicia Montoya I am the manager for Housing and Community Development in the city of Aurora and I am bringing to you uh the summary of six different agreements that we had presented in the September 19 study session for Community Development projects those Agreements are for Eagle Meadows Jewel Apartments Peoria Crossing 2 Imperial duplex in the total for the six agreements is 3.29 million dollars for 258 units affordable housing units being constructed in the city of Aurora so I am seeking final approval for us to be able to enter into those agreements questions to staff mayor uh councilman Combs I just have a procedure question we do need to vote on each we will vote on them all separately thank you correct uh but uh but we're gonna now it's questions of to staff on all on items um uh number what's it um F through okay uh further uh questions of staff on items number f3k uh seeing none um we'll click please read the title title number 11f item 11 as resolutions resolution of this of the city of Aurora Colorado expressing the where city council support Defender Aurora housing corporation's Eagle Meadow housing project with home funds motion is an order mayor councilor comes moved to approve 11f it's removal by council member Coombs seconded by Sunburst council member sunberg to approve item number 11 F discussion uh seeing no discussion uh the question before is the adoption item number eleven F call for the question the motion passes to adopt resolution 2022 and 77. clearly not pleased to talk to item number 11 G item 11g is resolution 2022 178 a resolution of the city council of the city of Aurora Colorado expressing the where city council support to fund elevation Community Land Trust in providing affordable housing units at the Emporia duplex housing project with home funds um motion is an order on uh councilman comes councilmember Lawson okay mayor I moved to approve 11g so removed by councilmember Lawson seconded by councilman McCombs to approve item number 11g uh call for the question oh mayor I'm sorry is there any discussion on odd number 11g yes um and maybe I just want to get verification on who can get loans from from this elevation Trust Company I had read an article recently and basically it looked like it excluded Hispanics from getting those those loans do you know if you can verify that I can look into that I can follow up on that with you by the anyone can apply for those loans at least for the programs or the units that we are building anybody can apply so it was in the Denver Gazette a few months ago and I am concerned that if Hispanics cannot apply for the Loan program I would not be in favor so I don't know if this can be delayed until we get that information I mean I think it would be very discriminatory if we could if they could not apply for the Loan program you're going to council member I'm going to do some real quick research for you but I think you may be confusing elevation Land Trust oh is this television Federal Credit Union so I'm going to do a quick Google search and see if the case you're talking about is elevation Federal Credit Union versus the elevation Land Trust which are two different entities with a similar name but let me check real quick ma'am and now that you say that I'm looking at the article and it is it is the it is a different one this one that we're voting on is the Community Land Trust yes ma'am so it should be two separate entities yes ma'am okay they're completely unrelated thank you very much of course is this further discussion mayor councilmember Jordan well whatever this article is Mayor Pro tem can you share it to the rest of us because there there's any business out there discriminating against uh Hispanics a bank or otherwise I think the rest of us should know about it further discussion uh seeing none uh the question before us is the adoption of um uh I'm a number 11 we're on 11g Euro 11g call for the question council member mercano the emotion yes sorry the motion passes to adopt resolution 2022 178. okay now please read the title tied number 11 H 11 H is resolution 2022 and 79 a resolution of the city council of the city of Aurora Colorado expressing the war city council support to fund Community Housing Development Association inks jewels of apartments with home funds questions to staff oh okay uh motion is in order come here uh councilmember McConnell thank you sir movement to approval 11-h so remember by councilmember McConnell second by mayor second second by uh councilmember Lawson to provide number 11h discussion I see now in the question before us is the adoption of item number 11 H uh call for the question mayor never do I'm rereading that article it does say elevation Community Land Trust do you want me to send you the article okay well this is the first reading okay so we'll have an opportunity during the second reading okay oh this is a resolution so there's just one reading just a quick addition to that it's actually an op-ed it's not it's not fabric checked it's some op-ed by the editorial board there well they based it off of uh cancer just sitter if we find no like next meeting can we reconsider if we find that this is doesn't it take somebody who voted uh well it'll take somebody voted in the affirmative right okay so so any member uh can even now uh move is it now or next time or either either one so it could be brought up for reconsideration so yeah so that just a motion by somebody in the majority everybody was in the majority because it was passed unanimously and so um then uh there's just a motion to reconsider and it can be brought back up I'm like is that correct but shouldn't have it I sure shouldn't occur this since it's not going to have another reading uh I think it should have could have probably now right you can you can do it now and change it to change because okay let's just locked in your votes let's go forward we still have the opportunity under the council rules to bring it up at the next meeting as well okay it's up to you yeah if if I you know if we find that that is correct then yeah I would want to reconsider it at the next meeting we're on age right right or I need to get my pin out here um when coach now please we talked I'm number 11 H councilmember McConnell I need your vote for 11 h uh sorry I was looking at the op-ed you got it okay the motion passes to adopt resolution 2022 179. uh with clerk now please read the talk to honor 11 High Mission 20 22 and when in Aurora city council support to fund Community Housing Development Association inc's repayment of a portion of the land acquisition loan for the jewel apartments with home funds um motion is an order mayor councilor comes move to approve 11i moved by councilmember coomb seconded by it's like okay second by councilmember McConnell to approve item number 11i discussion uh seeing no uh discussion question before us is the adoption of item number 11 I call for the question the motion passes to adopt resolution 2022-180. we cannot please read the title time number 11 J item 11j is resolution 20 22 181 a resolution of the city council of the city Aurora Colorado expressing the Aurora city council support to fund the housing authority of the city of awards phase two of Peoria Crossing project with home funds motion is an order May here uh councilor Combs move to approve 11j moved by councilmember coomb seconded by second councilmancano to approve item number 11 J discussion I'm saying no discussion the question before us is the adoption of item number 11j call for the question May 22 181 okay now please read the tile dive number 11k item 11k is resolution 2022-182 a resolution of the city council of the city of Aurora Colorado expressing the Aurora city council support to fund the housing authority of the city of awards Phase 2 of Peoria Crossings projects with home funds motion is an or that's removed by council member McConnell seconded by mayor mayor Pro Temp to approve item number 11k discussion I'm seeing none a question forces the adoption of item number 11k call for the question the motion passes to adopt resolution 2022-182. well the court now please entitle to item number uh 11 l item 11l is resolution 2022 183 a resolution of the city council of the city of Aurora Colorado expressing the Aurora City council's support of the amended and restated water Leasing and development agreement uh brief presentation by staff good evening mayor and Council Marshall Brown general manager of Aurora Water the item before you this evening is related to The King's Point development located east of Parker Road and north of the E-470 the areas annexed into this city originally in 1988 at or around the time of annexation there was also a water conveyance and Lease back agreement that was put in place contemplating the annexor convey all groundwater to the city of Aurora and then we would lease that groundwater back to them there was a replacement conveyance and Lease back agreement um brought to Council in 2005 that formalized the conveyance of the groundwater and confirmed the lease back of the water to the tune of 400 acre feet per year that would be used to irrigate a golf course contemplated for the area um the water supply conditions back then were not as well defined as they were or as they are today so the city entered into some discussions with the owner of the property which is now Oakwood Homes over the last year to try to renegotiate the terms of the agreement to gain a little more clarity for the developer and a little less water use from the city's perspective um the terms and conditions of this new lease agreement that's being proposed tonight lower the use of water from the 400 acre feet per year to 350 acre feet per year for the first three years of a grow in Period and then all subsequent years afterwards would be 250 acre feet per year of groundwater use so significantly less groundwater use it also uh shifts responsibility entirely to the developer for any replacement infrastructure water supply or Associated infrastructure necessary in the future to irrigate the golf course so um really a win-win for the city and the developer they stepped up significantly with water conservation practices on the golf course lowering the water use and the city is not responsible for a replacement water supply should the groundwater expire in the future with that happy to answer any questions uh questions and staff mayor councilor Combs so the answering a lot of questions along the way um can you just tell us about how many Aurora households could use 200 acre feet of water a year which is the final contemplated amount for this golf course yeah so thank you for the question I'm trying to do some math now really quickly but uh one acre with the with the new water conservation ordinance that was recently passed for growth moving forward one acre foot of water will serve roughly around four households so um 250 acre feet a year would be about a thousand a thousand homes any further questions to staff uh see none thank you Marshall I know that uh that took many meetings to get and a mediation to get that done so thank you for your your efforts there motion is an order mayor mayor uh councilmember sunburn I moved to approve 11i moved by councilmember sunberg second of Ohio mayor for Tim Berger approve uh item number 11i um 11-l sorry uh to further discussion see uh Council Miracles all right so you know I think I think fortunate that past councils um knowing that a Colorado River crisis would eventually be here like we we knew in 2005 and we even knew in the 80s that we had problems on the Colorado River so um that they saw fit to um agree to pledge our groundwater in this way which is a source that we try to leave untouched due to the water issues that we do have and that's part of why we have that groundwater conveyed to us um that being said this is again much better than what we were looking at I do Wonder Marshall are we still required to say something along the lines of they're going to be fine and have plenty of water or is that because they're responsible for seeking the water that there's like how is that looking in terms of the development process do in terms of their being able to guarantee the Water Source in the future um yeah good good question we we don't necessarily know um for certain when the groundwater will run out we do know that it eventually will how long that lasts and how and what the golf situation down there might look like at the time the groundwater runs out again a lot of uncertainty associated with that one of the the ways this new agreement is more favorable to the city is the the prior agreement did have us responsible for replacing or providing an alternate alternative Supply should the groundwater be depleted since the two parties could not come to an agreement on when the groundwater would be depleted the compromise was that they would become solely responsible for the replacement Supply removing an obligation financial burden Etc from the city in the future for that alternative Supply there is a reasonable chance I think that at some point in the future there will be additional discussions between whomever owns or operates the golf course and the city about water supply because there are very limited sources out there but when that happens um there is not agreement on further discussion mayor uh mayor Tim yeah I also want to thank you I know it was a long process and you know we had to get to mediation to resolve all this um but part of the reason that this development um was building a golf course was because of the annexation agreement from from way back that they were required to build a golf course and it was in agreement with some of the neighboring communities correct uh yes and I good point uh mayor Pro tem there was at the time of annexation um the adjacent neighborhood of Chenango um weighed in on the annexation and agreed to the terms and conditions of the annexation or supported the annexation with the requirement that there be a golf course constructed in the King's Point development and with our new Turf ordinance no new golf courses will be allowed in the city of Aurora correct no new cool season Turf golf courses so theoretically we could see a warm season Golf Course or an alternative golf course but no cool season golf courses okay thank you very much I guess a question for the city attorney's office how does a community that is not incorporated into this city of Aurora there was unincorporated Arapahoe County Community how how do they have the authority to acquiesce or to create such a a requirement on the adaptation agreement that's a good that's a good question mayor they did so by way of Covenant they have a recorded Covenant on the property that was annexed smoking okay uh further discussion uh seeing the question before us is the adoption of item number 11l call for the question the motion passes to adopt a resolution 2022-183. so not please read the title to item number 11m item 11 m is resolution 2022 184 the resolution of the 6 th Rising the picture for the acquisition of real property for the affordable housing Land Bank project representation by staff good evening mayor members of council Jessica Prosser director of housing community services this item before you is the purchase of land for the purposes of land banking for future affordable housing this is being purchased with the use of Hud federal dollars under the Community Development block grant program and the city will later probably in early 2022 be putting out a request for proposal for a developer to propose a development related to affordable housing on this property at that point in time the community will be engaged and there will be a process to do that and I'm joined by Hector to talk through the the purchase the property good evening Council and mayor my name is Hector Reynoso I'm the Real Property Services manager in the public works department at the city of Aurora the city is purchasing two lots lots two and three for a total of 1.65 million dollars they could contain approximately 2.748 acres of land Lot 2 would be approximately one one and a half acres and lot three would be approximately 1.25 acres and it's contingent upon the property appraising and being having no recognized environmental conditions staff is available for questions Eric further questions to staff seeing none motion is an order councilman McConnell thank you sir move to approve 11m it's removable by councilman McConnell seconded by Medina council member Medina to approve item number 11a 11m discussion uh seeing no discussion of the question before this is the adoption of item number 11 M call for the question the motion passes to adopt resolution 2022 184. and mayor can we do the announcement of the call in line and five minute break before the public hearing very well um The Time Is Now 7 41. Council will stand in recess until uh 7 50. member of the public who would like to speak on an ordinance and have not already spoken to an operator uh please press star three before the item is called by the clerk for those watching on Channel 8 call 855-695-3475 to be connected and then press star three council is taking a short break to allow any additional speakers to sign up please be patient and stay on the line until the operator is able to take down your information thank you thank you foreign foreign [Music] foreign foreign thank you thank you thank you thank you foreign [Music] thank you [Music] thank you [Music] thank you [Music] [Music] [Music] thank you [Music] [Music] foreign [Music] back into order uh with the clerk now please hear the talk to item number 13A for a resolution the city of Aurora Colorado declining the city of Aurora's participation in the state of Colorado's Paid Family Medical Leave insurance program pursuant to CRS 8 13.3522 presentation I mean the public hearing is now open um presentation by staff good evening mayor mayor Pro tem and City Council Members my name is Jen Lorenzen I'm the deputy director of human resources and tonight we are here regarding the resolution to opt out of the state funded Family Leave program I'll provide a quick overview of the program but before I do that I want to start with providing clarification on options that would still be available to employees should the city choose to opt out as a local government we have the option to opt out of participating in Family Leave however employees would still have the option to opt in on an individual basis this means they would enroll with the state and would continue to pay the monthly premium they otherwise would had the city opted in this individual participation would entitle them to the pay benefits afforded under family while still participating in job protected leave options that the city currently and will continue to provide as a brief overview family was created by proposition 118 back in November of 2020 and provides Paid Family Leave to Colorado employees it is a state-funded program which would provide up to 12 weeks of paid time off for qualifying reasons such as care of a new child personal or family serious health condition arrangement for family members military deployment domestic violence sexual assault and additional time for complications that may arise during pregnancy and childbirth the leave time would run concurrently with FMLA and does have a benefit cap of one thousand one hundred dollars a week although it's a state-funded program it would be paid for by fees collected from both employees and employers a total premium of 0.9 percent of an employee's wage which would be split 50 50 between the employee and the employer local governments do have the option to decline or opt out of participation which does have a process in which we're following tonight when we look at reasons for why the city might opt out we first look at the job protected leave that the city currently offers some of these leaves include family medical leave FMLA which affords up to 12 weeks of time off employee medical leave which would afford up to a year off military leave and time off under the city of Aurora addiction Rehabilitation Services Program in combination with the protected leave options that the city has we do have paid benefits available to employees these benefits include paid leave accruals such as annual sick and personal leave hours paid leave under the healthy family's workplace act both short and long-term disability military leave pay and differential pay emergency leave bereavement leave and leave available when out on the cars program when you look at these options that the city provides the city is already providing paid leave and excess of family in the leave options the pay time and practice and procedure now should the city choose to opt out of participating in family would require a resolution passed by city council and this vote would need to occur prior to January 1st 2023 that's because premiums would need to be collected from employees paychecks starting the first of January actions that would need to occur prior to the city vote included public notice being given in City taking testimony employees were provided written notice prior to the vote and are being provided an opportunity to submit comments to city council through a public process actions that would occur after City council's vote would include providing formal notification to the Division of Family and Medical Leave insurance and notification to employees notifying them of the city's decision to decline or opt out of participation in family provide them with a breakdown or a difference between the benefits offered by family versus City paid benefits and Regulatory notices regarding FMLA posters would need to be displayed it is important to note that the decision to opt out is not permanent participation may be reconsidered annually but at a minimum must be reconsidered every eight years in the absence to vote further declining coverage the city would then become a covered employer and if at any point the city were to elect to return to participating in the family program the city would have to remain committed for a minimum of three fiscal years prior to this evening we did present at management and finance policy committee we did a study session with city council we provided notification to employees of tonight's vote and how to submit comments and tonight we are in front of you with a regular city council meeting so questions for council tonight is the decision on opting out of participation in the family program questions to staff mayor councilmember Gardner thank you um I'm curious about what you said at the start that an employee can choose to opt in individually I don't believe that's come up before when we've talked about this and if it has I don't remember that so did I hear that correctly you did hear that correctly yes if the city does choose to opt out employees will have the option to opt in on an individual basis they would create an account with the state and would participate in the program by continuing to pay their portion of the fees so the city would not pay a portion that is correct okay thank you further questions and staff mayor um upon that I why would someone an employee opt in when is isn't ours basically a better benefit program Plus they would not have to pay as much personal decision by the employee based on their own personal needs any anticipated needs that they have whether that is planned surgeries time off for birth or adoption but it would be an added protection for them if they chose to opt in it would provide them the ability to receive pay from the state funded program so if they were to opt in and have a need for FMLA the city would provide them the job protected time off under FMLA but the employee would then be entitled to the pay benefits that the state would provide them so they would forego potentially using short-term disability any of the paid options that the city provides thank you for other questions to staff councilman Coombs so first I want to thank both of you for answering my many many questions by email about those protections for employees so I just want to clarify that if an employee uses family benefits for any of the reasons that are covered by family even if the time is different than the paid benefits that are offered by the city they would still have job protection in that instance correct while they are on a job protected City approved leave they would have that protection thank you for other questions the staff uh is there um anybody from the public who wishes to be heard no there's not um public hearing is is is now closed and emotion is in order mayor motion to approve item 13A it's been moved by uh councilmember Gardner second by zavonic uh councilor zemonic to approve uh to approve item number 13 a um just further discussion I see no further discussion question before this is the adoption of item number 13A call for the question council member mercano thank you the motion passes to adopt resolution 2022-185. record now please see the title title number 14a amending chapter 86 related to second-hand property to include catalytic converters and gift cards in mayor we do have one individual from the public who would like to speak okay um what procedurally do we go to the public uh first uh uh okay public testimony then we'll proceed with that Robbie DeYoung okay how did you jump from catalytic converter to gift cards to be on the same thing and what and if we could have the second hand property explained a little bit clearer than what it is just second-hand property I deal with people almost on a daily basis that have had their catalytic converter stolen I can't believe that something happened today that I can say I agreed with Governor Newsom on something that he did in California where it is if you have a catalytic converter and you go into a shop and say Hey I want to sell this catalytic converter in California you have to show that you are the owner of that catalytic converter you have to show the title to the car that belongs to that catalytic converter and vice versa if you're buying the catalytic converter versus selling it or selling it versus buying it you have to have proof this is something that will work in a state but then it goes to the next state and then it goes to the next state it needs to be a national thing so I applaud you guys for at least giving this some consideration but this needs to be National but keep in mind all of this will end up on the black market if they can't buy it or sell it they will go to some place that will allow them to buy or sell it so I need to know what your assurances are that this is going to be Rock Solid in Aurora so that I can go back to the people that I deal with on a regular basis and give them some kind of hope that this will be taken care of we need more engraving of our catalytic converters given to the public so if you guys can work on that I'd appreciate it our brief presentation my staff mayor oh is there is there further uh public invited to be here on this item uh a brief presentation by staff mayor councilmember to introduce the item um why don't we uh have a brief presentation my staff and I'll turn to you to make the motion please proceed thank you mayor and council members uh this item is sponsored by a council member Gardner it is adding catalytic converters to the definition of second-hand property which required would require purchases of catalytic converters those that purchase those to be licensed as second-hand dealers under the city second-hand dealer code and also to report those purchases to leads online which is the electronic reporting system used by the police department so it would allow for more reporting there the ordinance also requires that if a purchaser is purchasing more than one catalytic converter from an individual that that individual produce information that shows that they're in some type of business as to why they would have that many catalytic converters to sell and that the record of that be kept by the purchasing business or the secondhand dealer along those lines this is related to a recent State Legislative action which the state required the record-keeping purchases of purchases of catalytic converters but did not require those to be reported to the Electronic Reporting System only that would be available for inspection so recently Denver passed something very similar in requiring the reporting to leads online the city of Aurora had already actually taken the interpretation that catalytic converter should be considered second-hand property because of the containing of precious metals um and this will help add clarification and publicity to that that stance okay customer Garden thank you mayor um yeah so I just want to address some of the public comments first I I understand um what you brought up about you know Nationwide however um we're obviously not legislators for the country and so that would be up to to Congress to do something like that um and you know as far as assurances you know we can only do what we can do and control what we can control um I think you know this ordinance will act as a deterrent um that's it and it's something that's enforceable I think that was what was really important to me is is having something that um that was enforceable you know my hope and what we've seen with other ordinances that we have passed here on Aurora because of our size and influence in other municipalities that they follow suit and that's my hope because you know for the only municipality that passes this uh the the catalytic converter can be stolen here in Aurora and then resold um in another city in a neighboring City so you know I I agree with you um that it would be great if these were never stolen but we have laws against murder we have laws against all kinds of other things and they still happen and so you know we can do what we can and we can have enforceable laws and I feel like this is enforceable and and like I said a deterrent and so it was important to me that we do this Denver's doing something similar as Trevor mentioned and so you know the Hope again is that this will spread throughout the the metro area but obviously catalytic converter theft is a big problem both here in Aurora and across the country there's been news stories I'm sure several folks have seen showing Aurora is one of the leading cities for catalytic converter thefts in the country and so um my hope would be that my colleagues would support this questions of the sponsor or a staff mayor mayor Pro tem um missed it but um the gift cards being considered second hand what is that yeah thank you for reminding me of that question yeah gift cards uh we did include this with the language and the reason for that being we made a note a few years back uh that that would be a good clarification to have if we did edits to this section of the city code gift cards are frequently used in various criminal activity they do contain identifying marks so we've considered them secondhand property we did get some pushback in the past we still required them to license and Report gift card purchases online but it was a note we had made that it would be a good clarification to add the or to the ordinance and then follow up please please proceed um and since Denver didn't require the electronic system and we are requiring it to be in in is that right electronically it was the state that didn't require the electronic system yeah Denver required though that's why Denver did this yep okay so would that help police officers as well if if there was a pattern yeah yes it would uh because now it's actually available in that database it's a nationwide database that that the police department uses extensively uh to look at what's being purchased what's being sold who's selling it so yes uh that's exactly it it would provide the the pattern and also importantly as as you heard about etching or putting serial numbers on catalytic converters those would need to be recorded into that lead system so if it would turn up somewhere that serial number would need to be reported by the the purchaser in the system and it would flag it as stolen okay thank you a question of the city attorney's office uh uh is the uh is the city subject to the single subject Rule and if so does this uh fit within the single subject this one fits with a single surgery we're fine uh further uh questions of staff for the sponsor mayor uh councilmember McConnell thank you sir so first I want to thank customer Gardner for sponsoring this this is something that I had actually reached into the city um sorry to the tax and Licensing about shortly after he did so I'm glad um that you beat me to the punch on it but it's a really great policy I do have a question for uh Deputy city manager Bachelor and this actually goes to one of our constituents questions about the catalytic converter etching so we ran out of supplies for the Family Safety checks about a month ago now and I just wanted to see if you could give us an update as to where we are restocking and if we can get more of those etching as well uh the resupply I think was primarily for steering wheel locking mechanisms we've ordered those my understanding on the etching kits is that's primarily something we're doing through the state but I'll get you an update to all of council as to the status on both those all right great thank you for further questions of the sponsor or staff mayor I have a councilmember Lawson um Trevor I have a question so to this system how do you know for sure I mean I know we can't track everything but the honor System in terms of people actually doing this because there could be some shops that are doing some stuff behind the scenes and they're not they're they're they're not doing this so how are you going to do enforcement yeah and that that's always a concern and an issue and something we've had come up periodically in the past even with the existing second-hand dealer code we had you know some examples a cell phone store uh that was fencing stolen cell phones that were not being reported in the uh what happened on that one was the one of the people who had stolen a cell phone said he was going to that store to sell those cell phones because he knew they didn't record the identification with that information the police department then went into that store and then found additional stolen materials and and said you know where did these come from and that was very clear that they violated that and then both criminal and administrative action would be taken so that was one example of kind of how we would address that same thing with catalytic converters you know if somebody's purchasing them and you find out well how was this not reported through an inspection or you know somebody selling them there then then we would take action based on that further questions of the sponsors or a staff councilor Mario Ching um that council member Marcano was describing um that he was supporting with the uh steering wheel locks would complement this process um or this uh ordinance as well so I just wanted to kind of make that observation that there are multiple ways um kind of books outlined today uh that can track that foreign further questions of the staff or sponsor I've seen none of motion is an order mayor motion councilman Carter motion to approve 14a moved by councilmember Gardner second bye Marcano seconded by councilman Americano uh to approve item number 14a further discussion a city no further discussion the question before us is adoption of item number 14a call for the question the motion passes to adopt or in its 2022-49 with code now please read the title to item number 14b item 14b is Ordnance 20 2250 an ordinance authorizing the city of Aurora Colorado to exercise the power of imminent domain for acquisition of certain property interests necessary for the home stake project uh brief presentation by staff yes good evening mayor mayor Pro tem and members of the council for the record my name is Alexandra Davis deputy director of Water Resources this item is brought to you tonight due to what happened where we started was as you are very aware we have the homestake project as a significant water supply project that belongs to both Colorado Springs and the city of Aurora that project has a 66 inch pipeline that goes many many miles I'm I was looking up the exact number and I didn't find it before I got here so I can't tell you exactly how long it is but it's quite significant we that pipeline is nearing its end of life and the cities have been working diligently to replace it replace certain portions each each year in that process the Home State team discovered that one portion of the pipeline is outside of the pre-existing easement and so that easement needs to be amended or we need a new easement to cover the pipeline so that it's properly legally in the right place and so that we can go in and replace it in order to make sure that this pipeline continues to function uh in that process the City of Colorado Springs has really LED this effort and their real estate people approached and have been in discussions with the landowner Ms Yount and working hard to find an amicable negotiation whereby she would be willing to sell us the easements that we need the easement size is approximately 1.5 Acres 1.4 acres it's not very large the cities have been willing to pay for appraisals they've been willing to vacate some portion of the existing easements once we get the new assessment easement in place they've been working very hard to get this done amicably Mrs ziont has proven a little bit more difficult in the sense that she her at least through her lawyer has been unwilling to agree to the terms and conditions for an easement this has delayed the pipeline replacement and repair currently for over a year and the cities are feeling that it's important to get that project underway again when uh one of those pipelines break it can be very significant fortunately most of the pipeline is in very rural areas and isn't likely to cause too much property damage but it can prevent water supply from reaching the city for you know however long it takes to repair that Pipeline and that can be significant significant so ensuring that these pipes are properly replaced and working appropriately is a high priority for the department and for the city with that because of the difficulty reaching an amicable deal with missions we would like to ask the city council to um enter into this ordinance to allow the cities to move forward together with eminent domain should that be necessary the City of Colorado Springs is also approaching their I think it's their city council they have a slightly different structure than we do and uh tomorrow the City of Colorado Springs resolution will become effective immediately and ours will take a little bit longer all right questions to staff here Tim um and obviously we try not to use imminent domain unless absolutely necessary and this is vital to our water supply if when it goes into imminent domain that property owner would still get reimbursed correctly absolutely according to the appraisal the the property owner will get market value for the easement thank you councilor Sunbury thank you Alex how long has the pipe been there I so the homestick project was originally constructed in the 50s and 60s so for 60 years it seemed landowner been there that entire time or come along later Perhaps Perhaps came along later I really don't know the answer to that question I would be happy to look it up and have we offered more than market value I that's a great question what I understand is that we offered what we had appraised the value at and I'm not exactly sure all that has been offered because we've not been leading those negotiations Colorado Springs house but I could find that out as well and the resistance offered from the landowner is at an exorbitant amount of money or just a simple refusal to sell it's a little bit not answering emails and letters and a little bit of I I believe the last difference and and please don't hold me to this number this is my recollection of the difference in the number was about sixty to seventy thousand dollars so fairly significant difference between our appraised value and what the landowner seek was seeking it's also a very small area of land and it had the easement has been there before one of the difficulties one of the the requests of the landowner was that they'd be allowed to build on the easement and of course that would damage the pipeline or could potentially damage or threaten the pipeline so that was one of the requests that we felt we could not agree to is a final question I think the number of people that rely upon that water source through that that pipeline do you know the number approximately I believe that Colorado Springs is about oh this is going to be a guess I'm sorry councilman Senator it's I'm guessing 600 000 people in Colorado Springs I know it's slightly larger than Aurora and then Aurora of course is you know close to four hundred thousand so nearly approximately a million people are relying on that that pipeline yes and it is a significant pipeline I mean that's a really important part of our infrastructure further questions of staff mayor uh councilman Coons so there's obviously the access for repairs that are at issue are there any other potential consequences of not having that easement besides not having access to make repairs if I may it's the Topography of where that pipe is currently located that it cannot safely be moved outside of the existing easement and that's why the easement is needed further questions of staff seeing none motion is an order uh May airport Tim motion to approve 14b it's been moved by the mayor Pro tem second by councilmember summer to approve item number 14. oh sorry 14c B uh discussion I'm saying non-questionary forces the adoption of item number 14c uh call for the question mayor this is for 14b 14 B ucks for Combs and trans yes the emotion passes to adopt ordinance 20 22 50. Clark now please do the title title number 14c item 14c is ordinance 20 2251 and ordinance authorizing the city of Aurora Colorado to exercise the power of imminent domain for acquisition of certain property interests necessary for the affordable housing Land Bank project uh brief presentation by staff good evening honorable mayor and council members my name is Hector Reynoso I'm the manager of the rural Property Services Division in the public works department at the city of Aurora these are the same two lots that were part of item 11m like Mary uh or the city's acquiring Lots two and lot three which contain a total of approximately um 2.75 acres of land for 1.65 million dollars as part of the negotiations the owners have requested a passage of an ordinance authorizing eminent domain so that they may benefit from a section 1033 tax deferral which is it allows Property Owners to sell land under the threat of eminent domain to the government and defer any capital gains that they may receive from the sale from the proceeds of that sale for up to 18 months whereas a traditional 1031 only allows I think it's 90 days with a replacement property to be secured within 45 the 1033 allows you much more time and there's less fees in involved with it prior to proceeding with any imminent domain action we will we would come back to council uh at an executive session uh questions to staff mayor mayor pretend so since it came up under 11m and we passed that one so so under M and the Michelle you can correct me if I'm wrong but the resolution was authorizing the acquisition or the expenditure of funds over five hundred thousand dollars this ordinance is authorizing eminent domain in the event that amicable negotiations are unsuccessful so it wouldn't have been I guess they wouldn't have come first correct further questions to staff I see none motion is in order mayor councilman Ricardo thank you sir move to approve 14c moved by councilmember McConnell seconded by Coombs Council memory comes to approve item number of 14c discussion I see non-couragement forces adoption of item number 14 C call for the question council member drinsky and savonik yes the motion passes to adopt ordinance 2022-51 click now please retire to item number 14 d item 14d is or in its 20 2252 an ordinance of the city council of the city of Aurora Colorado adding sections 2-597 to the city code of the city of the city of Aurora regarding consideration of fiscal impacts for items being presented to council for consideration free presentation by staff thank you Jack bajor Deputy City attorney uh procedurally this an item very similar to this but in resolution form was presented to council at the request of council members Marcano and Coombs at the last Council study session uh the uh the purpose of that resolution was to amend the council Rules of Order to require the consideration of uh information that would be included in a financial note on item in items that are presented by Council or presented to council for approval during the discussion the the direction from Council was to uh can change this to an ordinance form so that the requirement would be codified in the in the city code Council or the mayor wanted input on additional items uh in the final product is an ordinance to amend the city code that does a couple of things first it it clarifies the obligation of the city manager to ensure that the all items that are presented to council include the fiscal note information that includes potential expenditures required and where those expenditures would come from or other impacts on the city coffers prior to presenting an item the second part of the ordinance the second part of the ordinance is an obligation of a council member but when a council member sponsors an item that has expected expenditures or a reduction in Revenue the council members is obligated to identify sources of funds or offsets for that expenditure increase or reduction in Revenue um the the that second section only applies if if the item has been presented outside of the normal budget process with the anticipation that during that process it would be automatic to find those additional funds and and and and have that discussion as part of the bud budget process with that in mind this this still is council member Marcano council member Coombs and now the mayor's item so I'll I'll defer to questions any questions I have but defer to them for additional information let me let me um to say that it's a it's if the city's Flying Blind fiscally uh because what an effect it's probably okay now because while it's never okay not to have fiscal discipline but uh we're in a relatively good Revenue position now I don't think that's given what's occurring with the economy that may not certainly last for very long and when you when you're doing when you're Flying Blind by not knowing what the costs are what you're doing uh what that means is one or two things first of all it's going to be made up through supplemental Appropriations uh then and secondly uh what what could occur is that as at one end we're increasing spending or reducing revenue and then at the other end if Surplus Revenue isn't there then we're cutting Pro other programs to make up for the difference I've never seen in all my years decades of government I've never seen this is unprofessional and it's Gotta and it just really needs to stop and so uh in discussions with uh council member Coombs and council member McConnell uh We've we did they've accepted much tougher language here that requires uh fiscal note on all matters coming forward and requires council members to responsibly uh identify if they're going to increase spending they're gonna they're gonna outside the budget setting process they're going to identify a cut and conversely if they're uh the same same with lowering Revenue they're going to show where the cuts are going to come from uh in order for and and in order for that proposal to proceed mayor councilman yeah I I think it's fine to have this as an ordinance I will say I don't think anyone ever intentionally did anything to you know deceive the public typically I think even when we have had these proposals it usually does come with a fiscal note even if you didn't ask for one I think usually staff prepares it for us so I'm good with it my question would be ftes would also be considered in that if if we're increasing a program that needs more additional staff that would be part of the fiscal note well I would assume so because they do the fiscal note requires the the the the consideration and the identification of the assumptions and I think if you had additional staff that would be one of the assumptions thank you mayor uh councilman yeah just a quick question I'm in the full agreement both with the idea of having a fiscal note and then the Pago requirement but to the Pago requirement is there and this is both for the sponsors as well as staff is there some sort of a um reasonable timeline that we could require for staff to come back and the reason why I ask is that's just a scenario let's say that council member Marcano brings forward a tax cut which he typically does and in order for him to then know what he would need to cut right to find the the offset he would need to know how much it is and I think there should be some sort of a reasonable turnaround I I know that in the legislature there's amendments offered on the floor and there's fiscal notes you know right away and so I think what I don't want to see happen is this used in a way to try to slow things down and so I think if there's some sort of a requirement and there can be maybe a um an out clause where if it's let's say 72 hours and if it's going to take longer than that you go back to the member but I just want to know is there a reasonable amount of time that we could add to this that a fiscal note would be required in order because if it's going to Then Fall to us to find that offset I think it would it would be helpful to have so you you don't have when it's introduced you don't well I mean you should uh well in the legislature they have a fiscal note no I don't do they have fiscal not what it's introduced yeah I wanted to introduced so here I think is I think I'm okay with with it when it comes to the floor for a vote it needs a fiscal note so there is time to develop that and and I think that uh the the culture will change in this city uh to where staff I think will get used to a format for a fiscal note and delivering a fiscal note on a timely basis but uh this proposal really says um before but to be voted on you have to have a physical I think there's just adequate time to be able to develop that uh from from the point in time that a proposal is introduced to the time that it reaches the floor mayor if I may councilman um so the original resolution has the section of the rules that indicates that Council should give staff adequate time it doesn't identify what that time frame is so I think certainly we can have a conversation about what constitutes adequate time but our existing Council rules do say staff should have adequate time I think that historically anything that goes through a policy committee study session and then comes to the floor that's enough time to provide that as long as staff are aware that they need to do so and historically that is something staff have done but I would defer to City Manager twombly on what would be a reasonable amount of time I don't know I think we're going to need some experience to know if there's a problem or not so right now we just don't know uh I don't believe that there will be but the experience will tell us whether or not there is one mayor mayor Pretender can we get the city manager to respond yes and in our discussions uh at the staff level we've had that if an item goes through the normal process policy study session before coming to the floor that should be adequate time and if for some reason it wouldn't be we would get with the sponsor for potential extension if that's reasonable uh further from are there any further questions and then we'll go uh councilman comes to the city manager's point so our Council rules do permit bringing things straight to the floor um so that kind of creates a little bit of a conflict if we're just relying on the original process so do you have any thoughts about how we would address that conflict between those Provisions the you can bring it straight to the floor if you want and we have to have a fiscal note and that doesn't provide enough time is there a time frame that you might recommend for something that gets brought straight to the floor and doesn't go through the process well the time frame that we have discussed is seven days so that if there's something that for example is going to the city attorney's office and an ordinance is being created we would ask that we have seven days to analyze that before it comes to the floor mayor and tell us where it comes would you be okay with adding into that section A or a section B council member responsibility that the council member provide information on the program at least seven days prior to the item going to the floor to give adequate time for staff to provide that fiscal note yo Customer because I I would urge it this time that we'd not put any deadlines on it because we I simply if we have experience and there's a problem but but a member should understand right that that not to not to push something that that they're going to have that they well in fact have to wait I think if there's an emergency then clearly uh the the staff is going to move reflective of that emergency but if it's a non-emergency issue then I think that member is just gonna have to wait for a reasonable time if we determine that there's a problem then then let's figure out uh based on some history what a deadline ought to be but not having any history not having experience I'm reluctant to personally to place a deadline on this uh remember Tim yeah I was just going to um basically say the same thing that I think if you're putting forth an ordinance and we know we have to put a fiscal note on it I mean it it's uh to us you know to be responsible and make sure that we go through the right process and I mean I don't even when you when you do work with our attorneys to draft a resolution or ordinance there is ample time before you know it comes to a city council meeting we only have two per term per month or yeah per month so I think there's ample time for us to do it without setting a deadline okay uh uh motion is in order council member comes uh moved to approve 14d move by councilman raccoon second or bye Americana councilman McConnell to uh approve item number 14 B D everybody get my glasses um further discussion mayor uh councilman just at the beginning I did want to thank you and council member Marcano as well as staff for kind of working through how to make this function and um have this as a provision in place um I think it's important because we do have a lot of different services that we provide to our community and the demands and needs of our community are only growing not shrinking so even when we happen to have a good Revenue year or be in a good Revenue position that doesn't mean that we're always going to be in that position so we want to be thoughtful and ensure that we are able to continue to provide those services at the level that our community expects further discussion I've seen nine the question before us is the adoption of item number 14 D call of the question council member Coombs thank you the motion passes to adopt ordinance 2022-52. Clark now please read the title title number 15a it's 20 22 40 Council of the city though amending sections of the city pertaining to mandatory minimum sentences for retail theft in the Aurora Municipal Code to combat the increase in organized retail theft and related offenses and mayor we do have one individual who would like to speak a very well proceed with uh public invited to be here Eric schoenholtzer hello again long time no talk too um my name is Eric Channel and I'm a resident and a business owner in the city of Aurora earlier today I sent an email to a council member and asked a question and I could not get an answer so I did a few minutes of research for some numbers uh on shoplifting these are National numbers and the earliest thing I could find was 2019 so I'm sorry these are not really good but it was a half hour of research um shoplifting is largely exempt from the crime does not pay things that we often say the chances of being arrested for shoplifting are about 1 out of 100 um and about 48 percent of those who are arrested are repeat offenders the average case value of theft in the United States is 125 dollars but the average dollar loss per shoplifting incident is 559 dollars increase spending on security and loss prevention budgets go as high as 35 percent of the percentage of sales 29.2 percent of retail shoplifting incidents have a value of 300 or over which is what the target we're looking at retailers with 500 or fewer locations report losses of 753 dollars and 20 cents more than double that of stores with 500 or more locations so obviously we're hitting the smaller guys less than that um okay I yield back the balance of my time thank you um brief presentation my staff and this then the sponsor thank you mayor and Council Pete Schulte Public Safety client manager city attorney's office just as a brief review of uh the first reading this is a ordinance that requires a three-day minimum sentence in the Aurora Detention Facility as part of the sentence it's not the only part of the sentence for anything over 300 that we are calling retail theft the ordinance does Define retail theft as theft under our theft statute of 94-74 of our code of any Goods or merchandise offered for sale by a business license under Section 86-87 so any business that sells merchandise or Goods would fit under this new definition of retail theft the ordinance also provides for a two-year sunset provision for us to be able to come back and provide information to council about the effectiveness of this ordinance um and it again it adds this to our general General penalty section of the code that is also added to what that we added for the motor vehicle theft minimum penalties uh back a couple months ago uh council member yes thank you this ordinance is really to you know start standing up for the business owners in this city and to start um talking about the victims and addressing something to help the victims and stop doing everything in our power to help the criminals and with that I have a feeling I know which council member wants to go next so I'll go ahead and let him and I welcome this discussion um well of questions of uh staff of the sponsor we'll get to discussion in a minute um motion is an order do you have a question yeah it was a question okay so we received kind of some information trying to get at the idea of fiscal impact um but the thread running through that is we don't really track in a way that would give us enough information so do we have an understanding of how the city Aurora's numbers with respect to theft and shoplifting compared to those National numbers that were given in terms of the average amounts um of theft and shoplifting happening in our city outstanding question councilmember so after our last council meeting I did talk to Chief Carlson about numbers and the good thing about the RMS system the record management system for the pde is we can tell you how many cases were closed out at shoplifting now uh I'll have Chief Carlson give you those numbers here in a second but again these are the offense reports that were taken that doesn't mean we don't have the stats yet at the municipal court because we don't have a way to differentiate like we talked about last time between regular theft and shoplifting but she'll give you some surprising numbers that section lower than I expected so two Carlson yeah division Chief Cassidy Carlson so when we look at the numbers we were able to our crime analysts were able to pull shoplifting above that 300 threshold um so what we were able to find out for the arrest that we made physical rest um we look at um I'll start with 2019 we had 59 arrests in 2019 dropped immensely in 2020 to 12 2021 is three and in 2022 year to date is 11. but we also could issue a summons as well so when we look at summons above the 300 threshold same year so 2019 was 118 2020 86 2160 and so far in 2022 27. so when we look at those if we combine those numbers I'll do the math for you because it was done for me 2019 for all adults and I should rev these are for adults so we didn't um just keeping that in mind uh 2019 for all adults 177 20 20 98 20 21 63 and year to date 2022-38 okay mayor let me ask questions and that is this that but isn't a lot of shoplifting not reported just that that retailers of I guess in a way for a threshold like this given up where they're just not calling the police they're they're not pressing charges uh for certainly higher amounts they probably would that or it might fit under a felony but um won't this drive more interest in terms of retailers to pursue charges where otherwise they would not yes sir we do believe that shoplifting is underreported some retailers have different thresholds depending on what their corporate policy is and so we do believe it is underreported some of which is because the police may not get there in time to apprehend the subject but I will tell you as of late we've actually had more more reports through us doing some engagement with our retailers some of the meetings that you've been at and just really encouraging and that's our message at this point we're really encouraging them to report this the shop list and we've had some successes of putting together some decent cases well I would hope that this would um I mean it's a two-way street so where the enforcement in but in terms of the retailers uh I hope that they you know pursue cases where otherwise they might not uh knowing that there are some sanctions uh at our end that that are substantive uh Mr Mayor just to comment on that too we hope that with the discussion that the retailers that are that are listening to this discussion is that anything over the 300 they do cooperate because one of the big things that we have to have at the prosecution level is we have to have the loss prevention individuals show up to court and so we're hoping that this will give an emphasis on these type of cases because there is a lot of things that we've heard is that well there's no penalty you know they go to court nothing happens well now there is if this ordinance gets it gets approved councilmember Lawson yes officer Cassidy I just had a question just are they is that people who are committing multiple offenses I I know I'm just I'm just asking is it within the numbers like for the 177 is that one one person that's done that or is it repeat offenders within those these numbers um I would have to go back to say for 100 and talk to the analysts that pulled this data but my my speculation is they would be per incident for these numbers that I was provided okay thank you uh further questions staff for the sponsor mayor councilmember O'Connell thank you sir um following along with actually the public competitive your testimony that we got do you know what our uh rate is for apprehending um suspects of theft I don't know our rate that's a that's a good question I'd have to pull up the calls for service which I don't have in front of me to give you that um rate but I could certainly get that to you sir okay thank you further questions and staff with the sponsor mayor councilmember Medina yeah I just have a question the same thing you had said that these stats are primarily for adults do we have any stats on under youth we do I I do have juvenile stats right well and then again those go to the the county the juvenile detention as you know councilmember Medina but yeah I can read them to you sir if you're interested okay um so for for uh let me find out uh for juveniles um over the 300 threshold to in 2019 none in the last three years but summons uh over that threshold which is would be a typical response on our end uh summons over the 300 threshold would be 41 in 2019 16 in 2020 for 2021 and only one thus far over that 300 threshold for juveniles further questions of Staff with the sponsor I was seeing uh none motion is in order councilmembergerinski motion to approve item 15. it's removed by council member seconded by Sunburst councilmember sunberg to approve uh item number 15a discussion mayor councilman ricano thank you sir so I want to thank all of our presenters on our resident who testified earlier and what I want to say to the sponsor is that I generally believe here that we all agree that we need to find a way to deter this behavior and then hold people accountable after the fact um but what the research has shown us is that it's not punishment that serves as a turn especially with cases like this but it's the certainty that people are going to get caught and I was honestly really really shocked to hear how low those numbers were on average for catching retail thieves so what I will say is that we've already provided a you know chunk of money through grants to help folks upgrade their businesses and staff correct me if I'm wrong we're still in the process of actually rolling out those improvements right and it was about two and a half million dollars uh councilmember Gardner I believe you were the sponsor of that item right yes yeah okay so based off of that information I'm uh granted none of this stuff has actually been installed just yet but I'm wondering if it might be amenable to the sponsor uh to try a different approach here because the reason I opposed this to begin with and I will continue to oppose it as it's currently written is because jail is not a deterrent it is an additional cost to the taxpayers of our city we could be spending those resources to make the victims of theft right and then the kind of accountability that we provide should be geared towards ensuring people don't recidivate which what we heard earlier it's about a you know coin flip basically if someone is going to become a repeat offender so and this is something that as written doesn't apply to juveniles because you can't jail a juvenile in Colorado correct I mean yes you can but we don't at the city level have the ability to do that okay and they go to youth they go to youth detention facilities okay yeah all right thank you so my point here is let's maybe put resources into additional prevention and then let's change our accountability process so that it can apply to both juveniles and adults and actually require some kind of restitution or restoration or both from offenders as opposed to just putting people in jail because we know that that doesn't change outcomes and in fact a lot of the times when people go to jail they just become better criminals when they get back out because their life situation didn't change but they might have made connections while they were in lock up whether it's three days or 60 days or 120 days it doesn't really matter the point is I don't think that we're going to get the desired results with this approach but we have opportunities here to think outside of the box try something a little different and see if it actually works so that's my plea to you is maybe can we table this work together on alternatives and then come back with those alternatives um council member juraski so so many let me eat that we received a fiscal note with what they had available and there's absolutely no Financial impact from the judicial uh part of this court administration is saying roughly roughly 75 dollars per night and the public defender's office really had no idea what the cost would be but I I mean I look forward to what we've been hearing recently that there might be cost savings that we can look at in dealing with the public defender's office anyways so really what we're talking about is a cost of 75 dollars per night and I've heard you argue in the past that um you know things like this and and putting people in jail um you know put them in a Grimmer situation that they could lose their job that it could you know force people into poverty but I think these Alternatives that you're talking about I heard you mention an ankle monitor in the last one and just so everybody knows um in this city the company that we use for ankle monitors is high tech and high-tech costs the person 11 a day plus a hundred and twenty three dollar hookup fee which equals 200 for a week do it installation and any sentence of 15 days or less is charged a flat fee of 288 dollars so you know they also have ankle monitors that are also capable of alcohol monitoring if ordered by the judge but some cons to this are most defendants don't have that money to pay up front and this money for the ankle monitors has to be paid up front if it is not paid up front at the time of sentencing they go to jail anyways they are sentenced to jail anyways um and this person needs to go to the provider to install the ankle monitor so you know now we're talking about these people who have been convicted they've they've already been convicted of the theft um so now we're telling them that they need to pay 288 dollars up front at the time of sentencing or they go to jail anyways which essentially is is what my ordinance is about and they now need to figure out how to get to the provider to get it installed we also they were just convicted of a crime and now and now we're trusting that they're going to go to the provider and and get this installed I guess at this point that's where I start to lose Faith so when you talk about alternative um you know measures here I I went and I looked into this I took the time to look into this and see what we're doing with ankle monitors in this city and I absolutely think that that put somebody further into poverty I believe that I believe that makes somebody's situation even worse than spending three days in jail and having some time to think about their actions um the other thing I wanted to say is restitution is already um being being ordered in these cases so that already is happening restitution is already happening and the minimum mandatory jail sentence that's a minimum mandatory and what I also found out is that a fine is being issued so really the expense we're talking about to taxpayers of 75 dollars a night in jail this person is going to be issued a fine so issuing that fine on top of expecting them to pay for this ankle monitor which is not cheap I find that to be more unrealistic and more Humane than actually my three-day in jail proposal on top of that our courts also have the ability to issue any of these classes any of these classes to people if there is one called petty theft my guess and I don't you know have authority over these judges but in conversations that I've had my guess is these petty theft courses there's a one-day program there's also an online program that's another 75 dollar cost another 75 cost so essentially um what what your alternative proposal is is to further bury them in cost so I I respectfully reject that and and I stand firm on the three-day minimum mandatory jail sentence for any retail theft over 300 there is the sunset provision and we can look at this you and I can look at the data together in in a year and and see and and if it's if it's not working if it my fear actually council member Marcano is that I'm gonna find that I need to lower the threshold to a hundred dollars that's my fear I hope I don't find that in the data but that's truly my fear and and with all of that I I I cannot accept your proposal further discussion mayor mayor uh mayor for Tim um I just wanted to say that I'm in support of this I think for me jail is a deterrent I think for a lot of people jail is a deterrent and we're talking three days in a detention center it's not like they're gonna like find out you know horrible things from people in the Detention Center um I think it it does help to deter that behavior in our city it tells people that you're going to go to jail if you steal over 300 and hopefully you know that re that will um resonate with them and and they will think about that before they do steal um I think there's also a tremendous loss to the business owners small businesses medium businesses large businesses and I appreciate that we had the grant program for security cameras but that really you know isn't going to go that far with the amount of businesses that we have in the city and and everything that they have to do to to prevent crime and why should they I mean you know they have to do it but they're losing millions of dollars in in some cases of Revenue or not Revenue but from stolen items and what do we say to them you know we're not we're not going to do anything so I I'm in full support thank you sir um so first I guess I'll address mayor for Tim Bergen um I understand where you're coming from I really do I used to agree with you but the data doesn't bear that out jail is not a deterrent it's not an effective deterrent uh to council member jorinsky I'm glad that you spoke with the court administrator and the chief judge and maybe the public defender and other folks have done that already myself and I was aware of all those costs already part of why I wanted a fiscal note for all of this stuff which by the way we didn't get the full scope of that because the city attorney's office didn't respond so we don't know what the prosecution increases are going to be um and I'm sorry I just do not buy that there's not going to be any impact on the courts when there's going to be impacts on both prosecution and the Defenders but that's another discussion probably for the ordinance that we passed earlier um the point I'm trying to make here is that I want to know what the overall cost is and the impact is obviously to small business owners although what we heard is this mostly seems to impact big big box stores uh not downplaying it but that seems to be what the data that we were given implies but what do the outcomes look like in our city over the long term are we just digging ourselves into the same hole that we're already in where we just accept this kind of crime and we just basically create a revolving door people going to jail repeatedly perhaps their behavior not changing public resources being spent to punish people but not address the problem and I think we can actually address the problem and change people's lives through effective intervention and it frankly it's much cheaper for us to do that through having done things like raise the minimum wage and invested in housing long before we started doing it things like that that address the root causes of this Behavior but since we're choosing to be reactive let's be reactive in a way that actually makes sense and that will deliver a safer City and better outcomes for our business owners and our residents as a result in total so if you are willing we can find ways to cover those costs because I want to know what the total cost of this path that we're currently going down is going to look like compared to paying for the classes paying for the monitoring and a lot by the way these programs for you to get into those programs that you're talking about those are done through before a trial is set so you actually save on the court fees there uh to a fairly substantial amount because they're basically pre-trial pleas that gets you into these programs so there's a savings by utilizing those programs as opposed to just going through this process where they will get a public defender there will be a trial and then they may be in jail after the fact so that's where the potential for cost savings is so I'm asking you to consider that it's a different way to spend these resources that will improve our outcomes in the long term further discussion mayor mayor return just wanted to address the deterrent issue the National Institute of Justice did find actually some evidence that it is a deterrent on the low-level crimes further discussion mayor uh councilman zavonik yeah I just I'm in support of this and and hope my colleagues are too I mean retail theft is a significant issue the numbers um that we heard from from Chief Carlson as the mayor pointed out don't reflect the number of crimes that are underreported and what we heard from businesses both big and small when we met with them on the Havana business district was that without that certainty of penalty which currently doesn't exist for these some of these lower levels of theft the time it takes for them to report when there's not a weapon involved there's not another aggregating Factor it they just don't report it and so I believe that by having a certainty of penalty we're going to see more reported which will give us a bigger picture of of this and you know retail sales tax from our retailers is is it's where our money comes from and if we have retailers that don't come to Aurora or that are considering leaving Aurora because they don't feel safe here that has a significant became packed and this goes back to the conversation I had last week when we talked about the fiscal note that's the kind of stuff that isn't considered those secondary economic impacts if a business leaves Aurora because they don't feel safe here that's a huge impact to the city's budget or if they don't come here that's lost Revenue I believe that by continuing to have a an approach that says we're going to do everything possible within municipal code to ensure the safety of our residents our families and our businesses it's going to be better for Aurora in the long term and so I'm in full support of this and I hope my colleagues are too further discussion mayor councilman I think we look to other parts of the United States at some cities that are just failing miserably with being overly permissive when it comes to crime and just take a look at San Francisco but once Charming absolutely gorgeous beautiful city Redfin the real estate company indicates that that metropolitan area now leads the nation in metropolitan areas where people are leaving uh real estate values are going down people are leaving still the D.A was recalled there as you'll re recount their convention tourism is decimated their mayor has changed their her opinion on open-air drug markets Walgreens was pulled out numerous stores and 50 of their residents have been impacted directly by crime so these overly permissive allowance coddling of criminal attitudes and philosophies in our major cities are failing and people want a change they want a difference and I don't want that for Aurora further discussion mayor councilman comes so just to the point of the cost um I do think we should actually consider that upfront requirement of the cost as well as having to send people to a vendor because those are both I agree not very effective but I know for me if I lost my job it would cost me a lot more than 350 dollars and if you no call no show to your job because you're in jail you're that's you're going to lose your job so I don't think that the cost of diversion programs although I do think there's an issue with the cost of diversion programs I don't think that it's and comparable to the cost of losing one's employment which can lead to many other Downstream effects let me just say in talking to retailers how difficult the situation has gotten I mean it's literally Lawless and uh I was talking to Walmart with their what they call loss prevention uh individual that was charged as a specific store and just saying that that these these These are becoming more aggressive uh and uh in in terms of and they know the fact that it's it is such a permissive environment that that there's no accountability and so I think whatever we can do to change that equation I think it's just absolutely absolutely important and I believe that when you deal uh with lower level crime uh you potentially are dealing with higher level crime too because people tend to graduate through the process and so I think this is an important step forward and I'm going to support it uh further discussion mayor uh Council Wilkins so I just have a question on that basis there's the idea that there's an overly permissive environment with our current laws or our judges currently not charging people who are arrested for the crimes that you cited let me so let me comment on that we're coming out of covid and so a lot of the numbers that we're going to be in 2020 2021 are less because of jails not being able to take individuals into custody and so forth so I think that's part of the data that we're trying to see when this if this passes and it moves on we're going to be able to get more data on you know moving forward because the jails are open both at our Detention Facility for these misdemeanors and also the counties so we've lost really two years of data so and I think that's probably added to the to the problem right because if people were out shoplifting they were getting summons as they weren't taking they weren't being taken to jail if they don't show up then they get a warrant and we've got to get around to to actually uh taking those warrants and and serving them right getting people into jail um so I don't know if that helps councilmember Coombs but that's kind of the the the void that we have in some of the data okay I I understand some of that but when people are in court on a summons um like you can be fined up to three thousand six hundred fifty dollars in the city of Aurora for 26.50 or 26.50 sorry for almost any crime so when people are being apprehended and um charged in court or convicted in court are are they are we finding people um at a level that could be considered deterrent or because that's I guess my question is just what is meant by an overly permissive environment um are Judges using the authority that they do have to provide fines and other remedies to convictions uh so I'll tell you with fines if somebody is let me Define right by the courts state law doesn't allow us to put them in jail they don't pay the fine right so the way that this would work just to talk about that is somebody gets arrested for shoplifting over 300 they would most likely get out very quickly on bond right either get issued a PR Bond or issue a bond so what I would expect as a former defense attorney myself is I would tell these individuals if we were set for trial if we were going to take a plea the hey by the way the law on a war is right now that if you get convicted after a jury trial or take a plea you're going to have to do at least three days in jail now I know a lot of the judges are allowing people to pick that time when they'll be able to do those three days or they would go in that day depending on what the judge decides to do so as an example they would be able to be told they would be expecting to be able to tell their job and so forth hey I'm gonna have to do this jail time so again I don't know what that's going to look like because again as as a public defender has told us during the motor vehicle theft discussion 52 percent of cases get dismissed because of lack of witnesses civilian Witnesses and a lot of that is included in the loss prevention folks so again I'd love to be able to provide we'd love to be able to provide the data to you I just don't know what that's going to look like until we get into the get into the process for further discussion mayor council member um just one more thing I wanted to say that you know Trevor bond with talks and Licensing I I'm not sure there's any City staff member I am more proud of than Trevor Vaughn but he put together through tax and Licensing Communication email communication that I had asked for that closely mirrored what the state does to communicate with business owners and he has been doing wonderful with that and so I think this will be a good way and I'll talk to Trevor about that but this will be a good way if and when this passes to communicate with businesses so that they know about this and we'll start reporting reporting their thefts further discussion seeing none the question before us is the adoption of iron ore 15a call for the question the motion passes with six yes votes four no votes from council member Medina Marcano Combs and Mario please really the top number 17A mm-hmm item 17A is resolution 2020 to 186 public hearing consideration to approve a resolution of the city council of the city of Aurora Colorado making certain findings of fact regarding the proposed annexation of a parcel of land located in the west half and the Southwest quarter of the southeast quarter of section 32 Township 3 South Range 65 west of the sixth principal Meridian County of Adams state of Colorado Harvest Road parcel a annexation his item number is 17A 17b 17c and 17 d uh the same relative subject matter that can be given in one presentation a a and b and then separate for uh C and D very different Parcels proceed please thank you I'm sorry this is also a public hearing oh public hearing is open a presentation by staff thank you good evening mayor members of council for the public record I'm Jacob Cox manager of development assistance a petition for annexation was filed with the city clerk for annexation of 161.9 acre parcel owned by Grimm Farms LLC this parcel is located southeast of harvest Road and 26th Avenue Council made a finding of substantial compliance regarding this annexation on August 22nd 2022 the annexation process follows state law and annexations are considered over three Council meetings tonight's agenda the second meeting in that process in which city council conducts the public hearing considers approval of a resolution making a finding that the land is eligible for annexation and considers the introduction of the annexation ordinance this this parcel Falls within the city's annexation boundary and meets continuity requirements the initial zoning earnings will follow at a subsequent council meeting by the planning department the initial zoning shall follow the city's comprehensive plan I'll note that we do have outside Representatives available to assist with questions but they do not have a special presentation I'm happy to answer any questions presentation by the applicant um no presentation no presentation by the applicant uh public invited to be heard there's nobody uh very well um questions of uh staff mayor uh councilman um so this is just the second part of the annexation process but um we what we're doing is making sure that they're in compliance with the factors that would allow annexation that's correct so in one of the lists it has um being being integrated with the city can you explain that yes it's it's adjacency to existing City infrastructure and this parcel does meet that requirement of infrastructure correct okay um so that takes into account any traffic that would happen down the road well that would happen with the master plan process but yes we're it's it's adjacent to existing development patterns of the city okay and then uh number six says the city has a plan in place for the area yes that is correct so we do have uh existing development in this area and this what this applicant is proposing would tie in with the context of that plan okay and then when we go to the um if this passes today then we go to that third meeting would they then um I don't know if that would be staff or the applicant would they have a fiscal impact study done the fiscal impact study is part of the city's process for expanding the annexation boundary typically annexations don't provide that and the reason I ask that is because I have residents right now that are um upset about a proposed development and they were asking questions about well how did this end up in the city in the first place you know it had to go back in the history of of when it was annexed and there was a discussion of Are We annexing land without knowing if we have the proper infrastructure water roads that type of thing so we're not going to know until after they submit a master plan I guess they're in the case of this annexation there is a master plan in process concurrently with this annexation so we just cannot act on that from an approval standpoint until the land is annexed but it is concurrently being processed so that would analyze the traffic the mass utility study all pertinent documents related to the zoning context and Engineering documents okay it just seems a little bit backwards but thank you further questions of staff 117e or 17b 11 typically um this is sort of considered infill development so generally we're already you know around the area and so that one is going to sort of um impact the cost of development and then two in terms of the fiscal impact of the city this is uh as Jacob said we have a master plan that's going through this is primarily commercial in nature and so from our typical um physical impact studies we know that commercial development is is a net positive for the city in terms of cost of services versus revenues that are brought in so we expect this to have a net positive impact thank you that that actually makes a lot of sense since it's commercial so I appreciate that yes ma'am further questions to staff mayor can I ask a question council member Lawson I'm Jacob I just had a general question I think councilman mayor Pro tem kind of addressed the issue about when the master plan comes through then you'll be looking at all of the the traffic and all of the the water but I guess you know I've been on this Council for seven years and we've annexed a lot of land but then we kind of talk about we don't have enough water and we have all these different issues going for it because we do have a conservation plan now I mean is that going to be part of the maybe the pre-looking at things pre you know scope before we actually do these two particular Master plans because again we Annex and Annex in this city and then we're at the end of the day we're saying okay we got we don't we might not have enough water to do this for commercial development or R4 rooftops as well so what's going to be the plan going forward especially since we've implemented a you know a conservation plan on water of how we're going to be looking at annexations in the future we certainly work in conjunction with Marshall staff in the case of this annexation for for months talking to Sarah Young and Marshall and his staff about the impacts of this annexation but that's certainly something we're looking at proactively and we're we're ensuring that the the plan is complying with the comprehensive plan and any pertinent Master studies such as the utility utilities for the city so let me just say that the city's policy prior to even prior to the conservation ordinance the passage of the conservation ordinance is that we will have resources for 50 000 more individuals into the city so I think that in combination with the conservation ordinance will help us in terms of future development something I was going to add for that is uh typically if something is within the annexation boundaries typically the water department has included that in terms of their long-range water needs so if it's already within our annexation boundaries so that's there but you do highlight a very interesting issue that Marshall has brought up which is on the commercial side certainly outside irrigation use remains a challenge and something I think that we would like to see that you know work very closely with our commercial Partners to reduce those irrigation needs um and then on the commercial side depending on the end user in that you can see a really wide swing in terms of the water that's used and so that's something we're talking to Marshall with how do we try and get our arms around that a little bit better but then you know perhaps then before we get to a master plan but it's it's an issue in terms of water use the one we can control there is around our Landscaping standards and those things and so that's something that um we're going to continue to work with Marshall and his team on to make sure that we're trying to be proactive on that front and then trying to think about how we can think through water uses for commercial properties uh further questions and staff mayor uh councilman just following up on that so is commercial versus residential use taken into account in the assumptions that are made about the annexation boundaries like do we have areas that are generally looked at as this is probably going to be commercial versus residential and then that range of possible water uses accounted they are and so that's one and so that's the problem there's obviously there's a much tighter range when you're talking about residential property you know depending on the how you'll see that but it's you're pretty close once you're talking about residential modeling is but as we were talking about in commercial it's a much broader uh but we do look at commercial versus residential when we're bringing things in and so uh we will often go to the comp plan and we're looking at the place type that we have underlying that that helps us kind of when we're looking at what a projected water uses so you see all these long-range planning documents come together in terms of comp plan long-range water planning uh annexation boundaries and the like further questions of staff and seeing none his public hearing is closed and emotion is in order mayor councilmember summer I move to approve 17A and if it's procedurally acceptable 17 views I think we're going to have to do them individually 17A second uh it's been moved by councilmember Sunday second by council member Gardner to approve item number 17A further discussion I've seen none uh Christopher forces is the adoption of 17A I called the question the motion passes to adopt resolution 2022-186 I will cook now please read the title time number 17b item 17b is ordinance 202253 consideration of an ordinance annexing a parcel of land located in the west half and the Southwest quarter of the southeast quarter of section 32 Township 3 South Range 65 west of the sixth principal Meridian County of Adams state of Colorado Harvester of parcel a annexation no does staff have anything to add on 17b know the prior presentation accommodates that questions of staff on 17b motion is in order councilmember Sandberg I moved to approve 17b through my uh council member sunberg second by second uh centered by councilman Gardner to approve item number 17b discussion they're seeing no discussion of the question before us is the adoption of item number 17b call for the question the motion passes to adopt ordinance 2022-53. Clark now please be the top five number um uh 17c item 17c is resolution 2022 187 public hearing consideration to approve a resolution of the city council of the city of Aurora Colorado making certain findings a fact regarding the proposed annexation of a parcel of land located in the west half and the Southwest quarter of the southeast quarter of section 32 Township 3 South Range 65 west of the sixth principal Meridian County of Adams state of Colorado Harvest Road parcel B annexation public hearings now open presentation by staff okay good evening once again for the public record Jacob Cox manager of development assistance for the city again this is associated with the prior Adams this there was a petition filed for annexation for 147.5 acre parcel owned by Grimm Farms LLC generally located at Harvest Road and 26th Avenue Council made the finding of substantial compliance on August 22nd 2022 the annexation process again follows state law and are considered over three Council meetings tonight's the second in that process in which Council conducts the public hearing considers approval of the resolution finding this the land is eligible for annexation and considers the introduction of the annexation ordinance this parcel is within the city's annexation boundary and meets contiguity requirements initial zoning ordinance will follow to subsequent council meeting by the planning department the initial zoning will shelf all the city's comprehensive plan as well so I'll note once again that we we don't have a special presentation but outside folks are here there's no presentation by the applicant no uh is there a public uh inviter be heard no uh very well uh questions of uh staff for the applicant I've seen none uh with public hearing is now closed the motion is in order mayor a motion to approve 17. move by councilman Gardner second by Sunbury second advice Council councilmember sunberg the motion passes to adopt resolution 2022-187. well the code now please read the title title number 17 D item 17-d is ordinance 20 2254 annexing a parcel of land located in the west half and the Southwest quarter of the southeast quarter of section 32 Township 3 South Range 65 west of the sixth principal Meridian County of Adams state of Colorado Harvest Road parcel B annexation but um a brief presentation myself again this is associated with the prior items presentation and this is the ordinance for that item happy to answer any questions to staff see none emotion is in order mayor council member comes move to approve 17-d moved by councilman seconded by Birkin remember Dan Bergen to approve uh item number 17. see I'm sorry d I'm getting ahead of myself here um discussion seeing no uh discussion of course before this is the adoption of item number 17. D uh called for the question the motion passes to approve ordinance 20 22 54. Clark now please read the title time number 17e item 17 e is resolution 2022 188 public hearing and consideration to approve a resolution of the city council of the city of Aura Colorado making certain findings a fact regarding the proposed annexation of a parcel of land located in the southwest quarter of section 25 Township 3 South Range 66 West of the sixth principal Meridian County of Adams state of Colorado two one eight six one East 26th Avenue annexation public hearing is now open uh presentation by staff good evening once again Jacob Cox manager of development assistance a petition for annexation was filed with the clerk for an annexation of a five-acre parcel owned by Jose Javier Vasquez this parcel is generally located east of Piccadilly Road and North of 26th Avenue City Council made a finding substantial compliance on this annexation as well on August 22nd 2022 the process Falls state law and considered over three Council meetings this process in which city council conducts a public hearing considers the resolution making the finding that the land is eligible for annexation and considers introduction of the ordinance this parcel also falls within the city's annexation boundary and meets those contiguity requirements the initial zoning will also follow at a subsequent council meeting by the planning department the zoning will follow the city's comprehensive plan I do not have outside representatives for this item but I'm happy to answer questions so there's no presentation by the applicant is anyone from the public who wishes to be heard no um questions uh for staff I've seen none public hearing is now closed motion emotion is in order mayor mayor for Jim motion to approve 17e it's been moved by uh member Tim uh Bergen seconded by councilmember Coons to approve item number 17 e uh discussion she no discussion the question before this is the adoption of item number 17 he called the question adopt resolution 2022 188. right now please read the tile tied at number 17f item 17f is Ordnance 20 2255 annexing a parcel of land located in the southwest quarter of section 25 Township 3 South 366 West of the sixth principal Meridian County of Adams state of Colorado 21861 East 26th Avenue annexation representation by staff again this is associated with the prior presentation on the 26th Avenue annexation parcel regarding the petition for a five-acre parcel owned by Jose R Jose Javier Vasquez this is the ordinance for that item and I'm happy to answer any questions uh questions and staff uh motion is in order mayor councilor comes move to approve 17 F proven my councilmember coomb seconded by Sunbury council member sunberg to approve our number 17 F discussion seeing no discussion the question forces the option of our number 17 F call for the question council member Gardner thank you the motion passes to adopt ordinance 2022-55 number 13A 19a all right consideration to reappoint three members to the citizens advisory committee for Housing and Community Development motion is in order the mayor councilmember Medina yes motion to reappoint Lynn bittel Terry Martinez and Vince chowdery to the citizens advisory committee well the motion is to now Lynn battle is new isn't she is that it's a he it's a he Lin is a he what's that Lynn is the he he's been on okay that's wrong on my sheet okay well uh question before us is the adoption of item uh number 19a it's been moved by uh council member Medina second by Birkin second by Metro Bergen discussion I see no uh discussion uh um part of the question on item number 17 19a mayor Kaufman uh mayoral just the motion passes to adopt item 19a uh will clip please read the title title number 19B item 19B is consideration to appoint one member to the Aurora Fox Center board a motion is in order mayor because Robert comes uh moved to appoint Patricia Connor to the Aurora Fox Arts Center board uh discussion oh I'm sorry um it's been moved by councilman coomb seconded by your second saying right councilmember Lawson to provide member 19B discussion I say no discussion question before says adoption of item number 19 B call off the question mayor Kaufman I'm able Jess the motion passes to adopt item 19B well now please see the top round number 19c 19c is consideration to appoint one member and reappoint one member to the oil and gas advisory committee uh motion oh um uh councilmember sunberg I moved to appoint Greg Bloodworth and reappoint Tom tobiason to the oil and gas advisory committee uh as we moved by councilmember sunberg seconded by Medina sang by councilman Medina um discussion on uh 19c I've seen no discussion uh Christopher forces adoption of item number 19c uh call for the question mayor Kaufman I remember just uh we could not please do the title title oh council members of vonic the motion passes to adopt item 19c great now please read the entire time number 19d item 19d is consideration to reappoint one member to the cultural Affairs Commission um motion is in order mayor council Rock Rose uh moved to a point to reappoint Seth Tucker to the cultural Affairs Commission it's been moved by uh councilman mccoom seconded by Connor councilman Americano uh to adopt government number 19 d uh discussion I'm seeing none uh Christopher forces adoption of item number 19d called the question mayor Kaufman there was just the motion passes to adopt item 19d Lord now please read talked on 19e item 19e is consideration to appoint one member to the Arts and public places Commission uh motion is in order mayor all right councilmember Medina motion to appoint Lord Kiefer to the awards arts and public places Commission um it's removed by councilman Medina second by Birkin Bergen to adopt item number 19e uh discussion I see no discussion call for the question on the adoption of vitamin number 19e mayor Kaufman mayor Williams yes motion passes to adopt item 19e Greg now please be titled on the number 19 F item 19f is consideration two reappoint one member to the home Stakes steering committee um motion is in order uh [Music] councilman a motion to approve Alexandra Davis through my um second of my Coombs councilmember Combs a tour doctor I don't know 19f uh discussion see no discussion called the question on item number 19f mayor Kaufman remember yes the motion passes to adopt item 19f item number 19g team G is consideration to reappoint one member to the Joint Water Authority uh motion is in order mayor uh councilmember comes uh move to reappoint Alexandra Davis to the Joint Water Authority board moved by councilmember cooling second by Mercado Mercado to approve item number 19g discussion let's say non-couragement forces adoption of item number 19 G call for the question come here Kaufman religious the emotion passes to adopt item 19. um reports reported by the mayor next week or the next week I will remember the land acknowledgment to break it down with me uh at the beginning of the meeting city of Aurora acknowledges That We Gather on the territories and ancestral homelands of the Cheyenne Ute Arapaho and Lakota people's past and present we also recognize the 48 contemporary tribal Nations that are historically tied to the lands that made up the state of Colorado indigenous people have remained committed to the stewardship of this land over many centuries as these words of acknowledgment are spoken and heard the ties that these nations have to their traditional homelands and to their vital place in the ecosystem are renewed and reaffirmed and we are called to be better stewards of the land we inhabit as we continue to work to meet the needs of our entire Community um see um councilmember Lawson mayor could you could you defer to other council members I need to find my report I apologize councilman Gardner thank you mayor um just wanted to give an update on the item that we discussed last week on uh chemical sedatives uh uh by Aurora firefighters um just want to thank Dr Hill um and some of our staff as well as councilmember drinsky we met today and just want to let everyone know that Dr Hill will be postponing introducing droperidol into the chemical protocols at least until the middle of November that'll give us some time to work on those protocols and see if we can come up with a solution that works for our firefighters um you know and I just want to mention for those who didn't see the updated autopsy report on the death of Elijah McLean was released last Friday and it was changed to ketamine as the cause of death and so I just want to reiterate the the reason why we why I believe this is important to do and you know we have two firefighters on trial for murder for administering a sedative that they were told is safe and you know firefighters that I've talked to it scares them when they have two of their brothers on trial for murder so just thanks to Dr Hill for agreeing to delay introduction of droperidol at least until the middle of November and we can continue to work on a solution that works for both parties uh council member jurinsky Lashana Tova and happy New Year to the Jewish community and all those who are currently celebrating as well as over the past well last week I attended the aps annual dinner it seemed like there was some some good money raised for uh APS there were Public School District at that dinner and it was nice to see you know some of the staff honored I also attended the annual police Awards dinner um and it was just it was really great to hear the stories of the courageous work of our police officers in Aurora and to see that acknowledged and to see them honored both were great events that's all I have uh council member zavonic then councilmember Lawson council member savonik yeah thanks mayor um next week a delegation of uh this body of my colleagues will be going to traveling to San Antonio to visit and Haven for Hope and just as a few of our my colleagues were had the opportunity to go to Houston in recent weeks the purpose of this is to really explore options for how to address the growing challenge of homelessness in our city and in our region I believe that when we get back from from that trip we'll be able to look at the two various options between San Antonio and Houston and find a lot of a lot of commonality a lot of opportunity to collaborate and to be a leader on this issue I do think there is going to be some differences and we'll have have those the discussion or the debate about the direction to go but I think overall I'm excited about the opportunity to to end this Patchwork approach that we have currently to addressing homelessness and they come up with a comprehensive plan that actually addresses the root cause of homelessness and focuses on changing the outcomes meaning changing and improving lives in The Human Condition and I will have a report back on that at a study session after the trip next week because remember Lawson thank you mayor um with let this is the federal state in a governmental relations Report with less than a week until the end of the fiscal year Congress is working on a short-term continuing resolution to avoid a government shutdown on October 1st the CR would fund the government through mid-December Congress will then recess through the midterm elections before returning for a busy legislative stretch to the end of the year one large item to address when they return is the Omni Express Appropriations Bill the city has two requests for Aurora water in the MLK Library they're currently included in the House Appropriations package and will make it into the final bill We are continuing on this committee to meet with our state delegations to build relationships and prepare for the 2023 session and interim committees have begun releasing draft bills Pfizer approved the state and federal priority documents for 2023 last week and Council will soon be receiving those drafts to prove the uh to provide additional feedback and prior priorities before hearing them at the study session in October I also attended the aps dinner it was great to acknowledge those programs that support the the graduates and also that support the students at Aurora Public Schools and I also attended the annual police Awards dinner as well so enjoyed both of those and thank you for everyone who did attend it was a great turnout at both both events because remember I'm real I just wanted to I wanted to say Southwest Aurora who hosted their inaugural all food Justice festival at the Fletcher Plaza that bouquet library was a really great event um free food free food resources getting folks engaged around more locally grown foods and we had representation from all of the different like food local food providers Urban Gardens you know farmers markets in in the area um and in Aurora so it was really awesome to see that partnership come together and I just want to give them a shout out for a job well done thank you mayor I've been busy gathering no moss councilwomanjarinsky and myself did a town hall recently with cats and dogs in the room the EPA and a cad group on the lighthearted topic of the plume uh pfas in our water and the landfill I want to thank the staff of Aurora Water for being there to help stabilize the evening but it was successful Community College of Aurora ground breaking Center for stem power mechanics and applied technology of 55 000 square foot building the I wrote along with the abatement and Outreach crew uh to see the procedures of evading camps serving notices and uh I want to commend Brant Van Sickle and Emma Knight on their professionalism and the way they deal with people there's another full-time person coming to help with that and one thing I did notice mayor was I'm told they're probably more than half of our people experiencing homeless are those in cars campers and RVs so we are really probably in need of another safe camping area and I think we should look seriously at that excuse me apart a safe parking area uh went to the historic preservation Society did you know that there's an archaeological site Francoise near the uh Aurora Reservoir and they also came out with an incredible coloring book I meant to bring you a copy of it mayor the Metro Housing Coalition the son attended that I'll bring it sir Metro Housing Coalition sustainability energy was a topic Aurora Public Schools Foundation I won some great gift cards Aurora Public at the Aurora Police Awards many incredible examples of life-saving and bravery I mean numerous life-saving awards were given out so Props to them I went also went to the food Justice festival at the MLK Library learning about low-cost and free food fresh sources for our for those in need and have also been visiting firefighters to learn about their opinion on chemical sedatives and I'll be doing a Ride Along on Thursday councilmember Medina thank you mayor uh yes I attended the Highland Canal event and fundraiser it was great to see a lot of people in support of the Highland Canal throughout the whole metro area so I was glad to be there my next town hall is Wednesday October 5th 6 30 to 8 at the Active Adult Center we have a pretty packed agenda from budget to code and a couple other things so we're pretty packed uh yes I was thankful to see council members Maria Sundberg and Marcano at the food Justice thing event I actually tabled an event there for the foundation I work with so well attended and glad to see people out thank you thank you mayor our next word for meeting is going to be on Thursday October 13th at 6 30 PM we're going to be discussing the city's build up Aurora Road maintenance plan for residential street repairs what traffic calming strategies we can build towards all residential collectors and arterial roads to make our state our city safer for motorists bicyclists and pedestrians and the city's upcoming restorative justice program and this is going to be the last award for meeting for the year so don't miss out and hope to see y'all there councilman raccoons thank you mayor my next town hall will be on October 18th at Heather Gardens clubhouse and we will talk about the build up Aurora program the restorative justice program and then we'll do an open forum and discussion on other issues that folks may have and then we'll also have two meetings in November because we'll have our quarterly meeting at Mission Viejo in addition to our Tuesday meeting [Music] um and then um as far as other reports for boards uh visit Aurora had a board Workshop um the 14th through the 16th I was only able to attend the 16th because I was in Houston with the city's delegation for the other two days but that is where we did the bulk of our work and we talked about some changes that we're going to be making to the board committee structure to make the board a little bit more active and engaged on the issues of preparing for our city to become a larger and more wonderful place to live but also a destination that folks want to come to and making sure that folks know all the great things that we have in our city and then for Dr cogg we did finally approve the changes to the Metro Vision Regional Transportation plan associated with the greenhouse gas reduction targets implemented by the state legislature and there were some changes to city of Aurora projects as a result of that approval that were then also approved in changes to the transportation Improvement program all of that was unanimously approved by the board and then Mile High Behavioral Health Care has our board meeting tomorrow morning and the fashion show benefiting the Miracles program which will be on Thursday evening at the Cherry Creek Pelican Bay at Cherry Creek it is sold out so if you did not get a ticket then you have missed out but that's very exciting it's a program that supports women recovering from addiction and women with children are able to live there and provide care for their children while also going through their addiction recovery so for those who are coming thank you it's a really worthy cause that's all I have thank you mayor Pro tem I'm glad you left the LA the best for last I had my ward 6 town hall and I want to thank the Aurora fire rescue team that came we had a CPR demonstration and then they talked about the different things that our firefighters do throughout the city I attended it was a busy week I a couple weeks I attended the Southlands Wine Walk which I always enjoy um very much so I was also one of the speakers at the Windler groundbreaking and that was a great event just showcasing what Wendler development is going to look like and if you haven't taken a look at you know the development plans it's really it's quite remarkable with a lot of sustainable features to it I also attended the aps Relentless Gala and um the Metro Housing Coalition and then the police department Awards and um just want to congratulate all the all those that won awards that evening and a special shout out because my State Farm agent's son Michael Bear won an award so I want to um mention him as well and then I also had the E-470 roadway committee that's it thanks everybody meeting is adjourned thank you foreign foreign [Music]