[Music] [Music] [Laughter] [Music] [Music] [Laughter] [Music] [Music] [Music] [Music] [Music] [Music] [Laughter] [Music] [Music] [Music] [Music] b so the regular meeting of the aurora city council for monday july 11 2022 is called to order with the clerk please call the roll mayor kaufman here mayor pro-tem bergen here council member coombs councilmember gardner here councilmember jorinsky here councilmember lawson here councilmember marcano president councilmember medina here council member mario president councilmember sundberg here and council member zavonik here there's the quorum announcement for the call in line council 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 free for those watching on channel 8 call 855-695-3475 and press star 3 when connected you will hear a prompt confirming you are 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 agenda item you wish to speak on keep in mind you must press star three before the clerk reads the title of the item you wish to speak as a reminder council does not allow comments about any items on the agenda during public invited to be heard and each speaker is allowed three minutes and public invited be heard is limited to one hour in total thank you [Music] please join me in a moment of silence for the senseless tragedy in highland park illinois please join me in the pledge of allegiance i pledge allegiance to the flag in the united states of america and to the republic for which it stands one nation under god indivisible with liberty and justice for all a motion for the approval of the minutes for from june 27 2022. mayor i moved to approve the minutes been moved by council member sunberg second by mayor second second invite councilmember uh lawson to approve the minutes from june 27 2022. uh call for the question mary oh discussion thank you um just on reports um do we do we not get a full report of what we said because some of my comments were very condensed i was just wondering if that is how we're moving forward we can elaborate more on the reports if you'd like us to we can let the company know um but yeah usually we just give a condensed synopsis of what council members said under the reports okay um i would have liked a little bit more because i know i i talked about the accelerate trip and the cml and it just mentioned that i went there but not the details that i said during the report so i don't know can we amend the minutes let me ask you a procedural question to the city attorney in that would mayor pretend bergen need to offer a specific amendment to change the language or or can she just give and just ask for instructions so so she can ask for instructions on this part because council is actually going to agree to the minutes in just a minute here when you vote so if you don't agree then you wouldn't vote for the minutes and they'd correct them that way so so the instruction is appropriate and that doesn't require that doesn't require a second or anything no very well okay proceed please okay so i can can i get those changed for with the minutes or or are you saying just moving forward we'll we'll look at anymore however you'd like us to move forward if we can change these or and moving forward make sure they're more elaborate um or just moving forward making making sure they're more elaborate i mean i would love to have these changed okay okay is it uh is there objection mayor kaufman it's no injection but mine is the same way and i did a little bit more descriptive on those trips so i would like to also is there is there any objection councilmember i don't have any objection either i just wonder that yeah if that's for one that it goes for all council members that um if one person is having the detail they provided included with that case forever yes yes we'll make sure that um that section for council reports is more detailed for every council member okay so can i make a motion to table the minutes until the next meeting yes i mean i think that that would be the appropriate move all right so that's my motion okay it's been moved by mayor pro tem second by second by councilmember mcconnell to table uh the minutes until uh the next regular meeting of the aurora city council giving staff the time to be able to add more detail um uh discussion on the motion uh seeing none a call for the question on the motion to table mayor kaufman uh mayor roaches council member gardner yes the motion passes unanimously to table the june 27th meeting minutes until the next council meeting very well uh item number 6a amazing aurora award and that's uh mayor mayor pro-tem program not that she's not an amazing person but i think she's going to recognize somebody else who's an amazing person this one um daniel goodwin can you come up please how are you good why don't you come over here by me nice to meet you thank you so daniel i'm going to read the pro the amazing aurora and certificate for him he does live in ward 6 and i represent the southeast aurora so i'm going to go ahead and read this for you ward 6 is daniel goodwin 14 is an exceptional athlete whose discipline and skill have earned him local national and even international competition medals in wrestling and mixed martial arts including judo and jiu-jitsu training vigorously since he was five years old danny is now the cherry creek middle schools district champion the colorado state freestyle champion and the colorado state greco roman champion as well as the metal holder in several other events as the only coloradan to represent team usa in the united states fight league he will compete in the international mix martial arts federation world champions in abu dhabi this august dan [Applause] danny's discipline also extends to academia he is a 4.0 student at infinity middle school and a national junior honor society officer and will advance his talents knowledge and skills at cherokee trail high school in the fall of 2022 well done danny you are truly an amazing auroran do you want us do you want to say a few words because i know you're kind of like an international globetrotter you've been all over the place i would like to thank and acknowledge mayor pro temp virgin and the members of the aurora city council for recognizing my accomplishments it has been an honor to be recognized by the city for all of the hard work that i've put in and for my achievements second i would like to thank my parents and my little brother for always supporting me and always pushing me to be the best i can be in all aspects of my life they've always been there for me when i needed them and have never doubted my abilities throughout all of my sports and school next i'd like to thank all of my coaches and training partners that have helped me learn and become better in everything that i do my coaches have always helped me become a better person and drove me in the right direction to learn from my mistakes my training partners have also helped me become a better person and a better athlete no matter what sport i am playing so once again i'd like to thank everybody who has helped me along my journey so far and the city council members for presenting me with this award that i humbly accept [Applause] and what's this big metal thing here this belt national championships in this year was in california and this is from my 88-pound division i was the uncontested champ so this is from this year's wow that's mighty awesome thank you again congratulations [Applause] uh public invited to be heard mayor we have one individual on the public call in line to speak please proceed okay it's your turn you have three men thank you i am speaking about rocky mountain prep they're known as rmp the principal discriminated against me during my employment and when i stood up to her made up a reason to fire me she's withheld my last two paychecks and because of that i'm now facing an eviction in regards to their grievance procedure i've been ignored all the way to the ceo they've also communicated with employees in a way that have impacted them as being references i don't know if they are even giving me a reference or if it's a positive one because they will not respond rmp has used hr to make threats to try and stop me from reaching out about references they've used a lawyer to make threats about getting paid and doing the grievance process through the school in addition to multiple illegal actions there have been deliberate emotional abuse i have or maybe had one close friend on my last day we were excited about finishing the school year together maybe working together again talking about hanging out and calls over the summer whatever they told her or threatened her with she hasn't communicated with me at all and it is grief and loss every day i don't know if there's a way where she'll sit down and talk through things with me or even if we're still friends eviction has been incredibly stressful i earn money to pay my rent and the fact that i can't is causing trauma if i'm evicted i'll have to surrender the only family that i have they're also my emotional support animals for diagnosed anxiety from trauma rnp is creating more of that and then impacting my ability to have support both from my animals and from that friendship isolating me from the ones that i love csi said aurora regulates that school and when i reached out to aurora they sent me right back to rmp the principal actually responded to their email and said that they would in fact move forward with the grievance process and lied nobody has reached out or contacted me in any way so i'm asking that r p fletcher which is located in aurora be reviewed and julie garcia vicente as she's clearly not fit to remain in a role where she can impact children and have control over someone's pay as she's used it to cause both harm and to control someone else's life and that is what i have on that [Music] adoption of the uh oh is there a further uh public invite to be heard no adoption of the agenda item number 12a has been requested to be removed by the appellant and so a motion for adoption of the agenda may our motion to approve the agenda uh it's been moved by uh councilman gardner to approve the agenda with the exception of item number 12a am i correct in that uh it's been moved by councilmember gardner seconded by zavonik seconded by council members veronica to approve the agenda with the exception of item number 12a discussion seeing no further discussion uh question before says the adoption of the agenda as amended with the uh call for the question mayor kaufman uh mayor voces the motion passes to adopt the agenda with item 12a removed adoption of the consent calendar out of 9a through 9i motion mayor i'm sorry councilmember jordinsky okay mayor potem uh thank you mayor a motion to approve 9a through 9i it's removed by uh mayor pretends secondary jarinsky yes remember jordinsky to approve the consent calendar items number nine a through nine i uh discussion see no uh discussion the question before says the adoption of the consent calendar items number nine a through nine i uh call for the question mayor kaufman i'm a vhs the motion passes to adopt the consent calendar now please read the title to item number 10a item 10a is resolution 2022 111 a resolution of the city council of the city of aurora colorado expressing the aurora city council's support of implementing a photo speed enforcement one-year pilot program a presentation by staff good evening mayor and uh council members uh lieutenant kerrigan bennett with the your police department traffic section we could pull up my presentation please thank you next slide thank you uh this is last week's or last council's presentation do we have the other the new one this is a continuation from the june 27th council meeting where we were asked some questions we're going to load up our presentation for today in uh i'll get started while we're loading that up so our one year pilot project goal is to first of all figure out the efficacy of doing a photo speed enforcement project there's a lot of variables and a lot of questions that we want to be able to answer we can't really answer that without running a a one year pilot is our recommendation so part one is to determine the accuracy efficacy of that program and part two is by running that pilot it will give us an opportunity to build a better rfp that we can go forward with so if we decide yes this does address speeding this does address neighborhood concerns and we do want to move forward with this project the uh the second part of that is then we can use that time that one year time span to build a better rfp and go out to go out to bid with the right questions and we'll understand better about how that process works nationwide best practice is a 30-day warning period at the implementation of any photos photo enforcement project be that photo red light or photo speed enforcement i have reached out to several other jurisdictions around the country that have that use various speed enforcement uh speed enforcement and also photo enforcement of various kinds projects and they all use a 30-day warning period just as a nationwide practice and feedback that i got was that driving behavior is directly impacted more by citations than it is by warnings a few variables that go into the whether or not this is cost neutral or or how this will play out over the year uh primarily on revenues so the location mix by state law were limited on how much a fee could be for a photo fine or for a photo violation so a standard fine in a residential neighborhood would be 40 for the violation at a maximum and the maximum for a school zone or work zone is 80 so part of the revenues from a photo enforcement process would be what's the mix of where are we getting these violations from another one would be the percentage of violators who pay on the first notice so they receive their notice they pay right away versus those that have to be served versus those that have to go to collections so that will vary how much money is recovered from those fines the number of days and hours that vans are deployed our proposal would be for three vans where those vans are deployed so again in those school zones but how many days a week are they deployed seven days a week are they deployed from say 6 am to 10 pm or are they only deployed from 8 am to 4 pm depending on staffing and what our plan is all of those will impact our revenues and and the fines that we collect the effectiveness of the program so if the program is effective as it is supposed to be we'll see fewer fines because people will stop speeding in those zones so we'll see a uh we'll see a decrease in the number of fines we receive over time however we don't expect that it would go to zero as one would hope that it would go to zero and then finally the randomness of driving behavior although we can come up with some metrics that would say we anticipate certain things that's part of the pilot is to say here's where we anticipate to receive certain number of speeding violations in any particular zone at any particular day and time we can't necessarily predict the traffic flow and how people are going to go so that will affect things as well uh factors affecting costs the personnel costs so again how many hours and days we're running the program if we have three up three van operators we want to run seven days a week we can't just run with three people so we'd have to bring in more people that'll cost us more money so there are costs going out for that the city would be responsible for the vehicle routine maintenance so oil changes and things like that and also the fuel for the vehicles so we'd have to factor that in depending again on how far they're being driven how many hours they're being deployed how long they're running and then the the big one is the fee to the vendor uh the fee to the vendor in this particular case is a it's a monthly fee for each vehicle and we'll talk about that here in a second from what the vendor provided and that will cover all the costs of the sending out the violations and the maintenance of the the long-term maintenance of the vehicle the cost of the vehicle itself it's basically like a lease in the equipment within and they do all the paperwork processes behind that's all covered in that monthly cost per vehicle so the following two slides are provided by the vendor conduit their original proposal was for a 13-month actual calendar time frame that's a one month 30-day warning period followed by 12 months of enforcement uh we do have an alternative uh based on the request for what happens if we do 90 days a 90 day warning period so that would be a under that proposal a 15-month period where we do three months of warning followed by 12 months of enforcement and that 12 months of enforcement is so that we can collect good data on what happens when we actually do fines versus just pure warning so we get a good idea of the efficacy of this program these are the slides provided by conduit so again a 13 to 15 month pilot with the 30 to 90 day warning period their proposal would be through three of their vans the city would get to pick the vehicle so currently they're using frequently ford explorers for example we would put their technology inside of that the conduit the vendor would work with the city develop business practices for how we want to operate and that's that's again part of that pilot process is we we come up with some business rules and that gives us that 12-month period to say looking forward if this is going to be an effective process we need to change these things for rfp the vendor does provide a turnkey solution so we provide the people they provide the vans and the technology that go into them we the city monitor the the process they provide all the data and reports that will allow us to look and say is this is this program effective and the city also provides a point of contact to be the uh just the the spokesperson to the vendor so the sorry jumping all over the place apologies the the pilot uh vehicles they're anticipating estimating and very rough estimate because we haven't gone into this process yet between twenty two thousand and twenty nine thousand dollars per vehicle per month that's going to vary again depending on the number of months that we are collecting fines because they have a yearly cost that they're spreading that out over those receivable months times that they were not receiving any fines they would not receive anything so it would cost more per month if we do a shorter time frame of collecting collecting fines versus the 12 months conduit their estimate is monthly receivables per vehicle is 85 000 extremely approximate based on a whole lot of variables so with appropriate conditions met and all those variables in play the pilot project should be at least revenue neutral or cost neutral with the 12 month enforcement period and that's with either a one month or a three month warning period at the beginning and again if we shorten the period of time that we're collecting fines the monthly service fee to the vendor would go up during that fine collection period but we believe that we would still be at least cost neutral over that period of time again with the appropriate conditions met i'd be happy to answer any questions questions to staff mayor um mayor for tim thank you and i had um asked about whether we could do a 60 or 90 day warning period at the last meeting and then the reason we tabled it to get the information so i appreciate it um and i you know i get a lot of complaints about speeding from my constituents so i certainly understand that we want to make sure that we provide safety to all of our residents and speed is certainly a factor in in traffic accidents so i'm not really stuck on the 60 or 90 day my concern was more on education to the public to let them know you know we're we're going to start this program obviously we're trying to deter bad behavior and and tickets certainly get people's attention so i guess my my question is if we don't if we do just the 30 days with the 12 months would we have time to do an educational campaign to the public to just let them know you know you're warning this is coming and if you're speeding um you know you can get ticketed and also my question is um on the um well the fine is forty dollars right yes okay and um well i'll let you answer my first question so yes i believe we would have ample time to put together a public information campaign both through city communications and the police pio's office and also the vendor can help with a public information campaign even prior to the 30-day notice it would take time to procure all the equipment in this case anyway and also we'd have to look for any staffing that would have to happen we would have to bring them on board that would give us plenty of time to start putting out a campaign to the public that would say this is coming this is how it's going to work plenty of good website examples out there that explain the the process and the procedures and what's happening so i believe we would have very ample opportunity even prior to the 30-day warning notice that this going on and then best practice would be close to the end of that 30-day warning period we would do another public information campaign that says okay we're turning off the warnings you're going to start actually getting a fine and then sometime during that period of saying once we have some data that shows how effective it is or not effective it is we can do another public education campaign to say this is what we're doing and this is why and this is the impact that we're seeing and are we talking about uh cars that are going more than 10 miles an hour or is that determined yet it's it's not exactly determined yet that would be a policy decision but yes we would target we would there would be some window of it's not just one mile an hour over it would definitely be some some model and normally it's 10 or 11 miles an hour over the speed limit and then for the public obviously this does not apply to highways because that's not under our jurisdiction that is correct we're also limited by state law that we could not put them on a highway okay thank you very much councilmember savannah yeah thank you mayor a couple questions um are there other vendors who provide this service yes is there a reason that we didn't do an rfp for the pilot itself the primary reason would be that we don't know necessarily what we'd be putting in an rfp so we get an opportunity to test this with pilot also this vendor is the vendor that provided our services for the photo red light program several years ago and they're also a vendor in the space nearby so denver uses conduit too mayor if i could one other a couple other questions so what measures are going to be used to determine the success of this program throughout the course of the pilot so the similar to and and sent out photo or a speed enforcement signed data that we put out very similar data would come out where the vans would be parked especially considering the 30-day warning period we pick an area that oh we received a complaint in this particular area this stretch of road we put the van out during the 30-day warning period for example we collect speed data that says this is how fast people are generally going we monitor that over the 12 months by repeatedly putting the vans in the same place and we'd be able to then compare that data to show you know it's it's affecting speed or it's not uh in that in that zone so as we do enforcement our few are we issuing fewer citations would be the the key part there but it it allows us to do other metrics too of within that non-violation speed we'd know that we're catching you know i don't know say 60 of people are going 5 miles an hour or more but not quite violating you know it would give us a lot of data like that got it that's all i have here please proceed okay uh further questions staff councilmember johnson yeah and can you just clarify what you just said so they're gonna stay in the state all three vans are gonna stay in the same place over the course of the 12 months or if we get a lot of traffic complaints we're going to move them yeah we would move them the the way to get really good data though is to repeatedly put them in the same place over that period of time so we'd have say 12 months we'd target a particular street for a week move somewhere else and then we could come back later and see if we've affected speed by comparing that data over over time so yes we would absolutely move them to targeted locations where we have speeding complaints and known problem areas we just repeatedly put them back in those same places to be able to analyze the data and can i please proceed and every time we move them we would do a 30-day warning no no it would be it'd be a city-wide 30-day warning period and then after that 12 months of enforcement wherever the bans were parked okay i uh i don't think i would be agreeable to anything more than the 30-day warning notice i don't think that we need to warn the public that if you speed you could get a ticket i mean that's an actual law so just to my colleagues i would not be okay with any more than 30 days and the last thing i want to find out when we had the photo red red light the ticket i believe was 75 dollars why only 40 dollars for speeding in residential areas these are maximum set by the colorado revised statutes all right mayor no further questions uh councilman coucher lawson um i just had a question so um i know we're gonna have limitations we're gonna have the three vans but in terms of how we're going to reach do some outreach to the schools because there's a lot of complaints with speeding in school zones and how are you going to call is there already data collected for certain schools because i know that there's been a lot of complaints since i've been on council about schools that with the speeding how are we going to address that issue and i know that we only have certain limitations but i know that that's going to be really important especially with the school year starting in the upcoming month yeah that's a very good question i think we would similar to how we do it today with the the little signs that we put up that collect speed data it would be a very similar process where as complaints come in uh to to you or to to other you know access aurora and other places we can collect that data and start looking at our targeted spots for this is where we're seeing a frequent number of complaints and we can move those move the vans into those areas to include school zones and we'd be able to collect that data from there further questions to staff mayor mayor for tim just i want to clarify that i'm i'm good with the 30 days as long as you said you could probably do the educational campaign leading up to that yes okay thank you further questions of staff um yeah so i understand that this doesn't need to impact behavior i think that's beneficial i just wonder if there are going to be any comparisons or any consideration for traffic calming measures in the way that we look at the data so if there are areas that false traffic are going to consider that as a possible confounding factor for the application uh council member if i if i understand i believe yes this would be very similar to the the current speed data that we're collecting it'd actually be probably even more efficient because we could just drive in instead of having to hang a sign we could drive into a specific neighborhood where we have complaints we would use that data then to say to the traffic calming progress or program with public works that we'd be able to justify extra traffic calming measures in place or test whether or not the traffic calming measures that were there are being effective in certain areas so i think it would very similar to the process that we have now we just have a more efficient vehicle that we could could use it for staff uh seeing none a motion is in order mayor uh mayor pretend uh motion to prove 10 a it's moved by mayor pro tem second goodbye son second by council member sunberg to approve item number 10a uh discussion mayor uh councilman gardner thank you um i i'm not going to vote to support this i i have several issues um first of all and i didn't even know that this was the same fender that we used for the photo red light though the irony of that is many of you probably are aware that the aurora voters about four years ago voted to get rid of photo red light almost 70 percent of voters in aurora said they did not want that here i'm not sure how this is much different that's one concern another concern is i fear that we will go down the road of using the revenue generated from this program to fund other needs in the city we did the same thing with photo red light we funded our nexus programs gang reduction programs other youth violence reduction programs and when the voters decided to get rid of photo red light that funding went away and we had no way to fund those programs enforcement and public safety should not be used as revenue generation um and and that's what i'm afraid we're going to do with this and lastly i just have concerns with the civil liberties aspect of introducing more cameras into the public um so i you know i hope that my colleagues will vote no on this i don't suspect that will be the case but i am i am not going to support this mayor um mayor for tim um the the reason that we had access funds that we used for the nexus program was because we had and correct me if i'm wrong but we had surcharge uh surcharges on top of the ticket of the forty dollars so those surcharges were what were used for for different programs and i don't believe we're going to do surcharges on this one no we're not okay let me remind the council that it um this is a pilot program and then it will have to come back to the council for our for authorization should it move forward and be a permanent program a further uh discussion mayor councilman councilmember jorensky then councilmember gardner thank you i also just want to say that yes it was the will of the voters to get rid of the photo red light but it was also the will of the voters to ban pit bulls in this city and before four of us came on this council this past november this council also took that away from the voters and and overruled that whether i agree with it or not i'm just saying that that is also that was also something that the voters voted on this is substantially less in fines than what was on what was coming in from the photo radar and i think that's how we were able to fund extra programs i mean i see a lot of fees associated with this so i'm hopeful to cover our costs i don't see this as a revenue generator and quite frankly i mean people are dying every single day and it's no secret that our police department is not manned enough to you know enforce all of these traffic laws and traffic violations so i think um as a pilot program i definitely want to see the data and stuff like that there's no way i could sign off that on this permanently right now i'm absolutely in support of this and i hope that my colleagues are as well councilman gardner thank you um yeah there's a long history of government that takes a program that's introduced and then raising the fees or costs later to to fund other programs so to say that this is where it's going to end is is not it's not going to be the case we did the same thing with marijuana revenue i'll remind my colleagues we've raised marijuana sales tax revenue several times to fund other projects and so to to sit here and say that we will never do that with this program i think is is very disingenuous um and you know what i'm what i'm afraid of is to the point about um more please we need more police officers i agree this is not more police officers and i'm afraid that this will get used as a reason to not hire more police officers because we are putting robots out on the street cameras out on the street to film our residents driving around my preference would be to see more police officers not to see more cameras in our community for other discussions mayor sunberg councilmember steinberg i don't know if my at-large colleagues received the same amount of urgent pleas for help that as a specific ward candidate would or representative but they are numerous and they've been numerous and thus a lot of council requests filled aurora is experiencing this problem at a much higher rate nationally there's a seven percent increase in fatalities colorado a 16 increase in fatalities aurora a 54 increase in fatalities i had a town hall on the subject of traffic calming and it was well attended and it was impassioned at times that our city is simply not doing enough there is a backlog of equipment that the city needs whether it's those flashing warning speed lights that even adjust downwardly in a school zone we don't have them to put up as we experience with this to peak and as other schools that would love to have some immediate help paris elementary for certain speed cushions the speed bumps built on streets are five thousand dollars each put eight of them down that's over forty thousand dollars uh of course you've mentioned staffing uh i think if even this just went to neighborhood demand let the neighbors vie for these things these these hoas and so forth school areas principles would be rejoicing i think over this particular approach with respect to the red light camera system what's different about this is that there's a warning sign in advance which the cameras did not have at red lights and this is a pilot program we're not committing to it so being against it i understand especially if you want less government but what are you proposing it's hard to hire cops and what are you proposing specifically to answer these calls for help and i urge my colleagues to vote yes further discussion mayor councilman garner thank you um so using some data put together by the city staff last year our transportation committee received a presentation and the the average cost of the um traffic calling measures presented by the city with 17 000 obviously inflation has gone up so let's say there's been a 100 percent increase and it was around 34 000 per item with a backlog of 55 we could complete the entire backlog with 1.8 million dollars and that would mean not putting more cameras out on the streets it would mean not doing something that's against the will of voters um i think with a budget um a half a billion dollars that we have we could certainly find 1.8 million dollars to clear that traffic common let me just say that there is recognize myself there is not a funding problem in terms of attracting more police i believe there are 34 officers short right now it is a recruiting issue and we are doing our best to fill those numbers i know uh council member zavonik is chairman of the public safety committee and councilmember jorinsky councilmember sunberg on that committee are doing all they can to in terms of recruiting qualified officers to fill those numbers uh further discussion um councilmember councilmember mcconnell thank you sir i just want to agree with councilmember sunberg and many of the points that he brought up uh motor vehicles actually contribute to a tremendous amount of fatalities in the united states i think that it's one of the few things that's lacking behind drug use um unfortunately these days um so i don't see these this pilot program as a solution in and of itself my hope is that this will have a deterring effect in the short term um you know i think that there is some evidence to show that when folks get fined there is a short-term change in their behavior but our ultimate solution here is going to be changing the built environment so that's going to include traffic calming measures such as speed cushions and things of that nature but also reworking how our surface lanes and our streetscapes basically are utilized and making them safer for pedestrians bicyclists and kids at play and a little less let's say tempting for motorists to floor it especially in our residential areas i live right next to chatsford where harvard is pretty darn wide um especially once you get close to blackhawk and i had someone fly by me in a red cadillac cts a couple of weeks back doing probably 60 would be my guest and that's a 25 mile an hour area so we need to you know rework our built environment and i'm very supportive of you know this pilot let's see if it has a short-term effect while we get the strategy and resources necessary to rework our built environment thank you further discussion mayor councilmember zavonik i'm a little bit heartened to hear so many of my colleagues agree that increased penalty equals deterrence i hope we remember that in a conversation we're gonna have a little bit later um in the agenda but to to this um i actually agree with councilmember gardner i our voters just four years ago by a two-thirds margin said no to photo red lights they were clear they didn't want them i do believe that there are other alternatives and i believe we have to address them to my colleague councilmember sundberg's point we have we owe it to our citizens um to address this issue i don't believe that this is the right answer um and i believe that and on for whether it's transportation or public safety we have a responsibility to find it but this isn't it it's all being known further discussion mayor mayor patel yeah i was at my last town hall i actually had a constituent come up to me because we were talking about the traffic fatalities as well as other crime in the city and he actually admitted to me that he voted against the photo red light during the election and that he wished now that he had voted uh to keep it and be and he has changed his mind basically because of the escalation in all the traffic fatalities and and concern for his uh daughter who is driving as a teenager on the roads so i think you know the i think it's a pilot program um i think if we're going to do the 30 days it's a 12-month pilot program i i'd be interested also in in the data and see what we find out from that but um i as well as um other award council members as uh council member sunberg stated i get complaints weekly on can you please enforce you know speeding and my answer to them is we don't have enough police officers to to you know take care of a city of 400 000 people and um i don't even know what do we have four thousand miles of roads so anyway so i will be supporting this thank you further discussion mayor uh councilman george uh one last thing i would like to say is that i also was one of the voters that voted to remove the photo red light and one of those reasons is because one main one is the intersection of alameda and abilene if it was nighttime these photo red lights lit up like a christmas tree when they went off and they they would blind every single car in the intersection and i felt like those were extremely unsafe how these vans work and i'm very familiar with these vans other cities in the metro area have these vans and i've seen them you are there is a warning before you approach these vans you are literally warned that you are coming up to one and also it's just a quick it's like a quick snap like a quick flash it doesn't light up the entire intersection and blind every single car at the intersection i find this to be a lot different than the photo red light program further discussion seen now the question before us is the adoption of item number 10a uh call for the question mayor we need a motion in a second no i'm sorry we do we have one i'm sorry okay the motion passes with eight yes votes to no votes from council members of onik and councilmember gartner claire now please read the title item number 10b item 10 b is resolution 2022-133 a resolution of the city council of the city of aurora colorado expressing the war city council support of the bureau of reclamation grant for the north campus radial collector well drought residency initiative a brief presentation by staff good evening aurora water is applying for a grant from the bureau of recommendation in the amount of 5 million dollars to help fund one of our capital projects the project is for a well at our north campus facility that will help expand the amount of water we can bring through our prairie water system the total amount of the project is 11.5 million dollars so the grant would be 5 million where water would fund the remaining amount of the project and this resolution is for council to show support that for us to apply for this grant and that is a requirement of the bureau of reclamation in order to get the grant uh questions of staff uh seeing none a motion is in order mayor i'm sorry i'm sorry councilmember lawson i moved to approve um tempe moved by councilmember lawson seconded by sundberg second by council member sunberg to approve item number 10 b discussion saying no discussion call for the question on the adoption of item number 10b the motion passes to adopt resolution 2022-133 well the court now please read the title number 10c item 10 c is resolution 20 22 134 a resolution of the city council of the city of aurora colorado to fund the salvation army with general funds for them to operate pallet shelters at the restoration christian ministry safe outdoor space to provide a shelter options for the homeless staff will be giving a presentation on 10c 10d and 10e and then i will return to each for a vote separately good evening we are bringing forward three agreements for construction and operational costs for the safe outdoor spaces and as a reminder we brought forward or you approved excuse me on may 16 during study session to move forward with expanding the two current safe outdoor space sites expanding shelter space with additional pallet shelters so these three agreements will be for two of them for construction costs to prepare the sites for the additional pallet shelters and the final one is for operational cost to have additional staff and food for those additional shelters and the first one is for restoration christian ministries it's going to be for 300 000 dollars that is for the construction costs we are adding 20 shelters to that site and then the salvation army agreement for 250 000 that will be for construction and we're adding 10 shelters to that site and then the operational costs are 600 000 and that's between the two sites salvation army will be continuing to do the operations for those questions of staff on item number 10c 10d or 10 e mayor councilmember jordan's key i would just like to know are these uh pallet homes at the salvation army is this for one person or for two people the shelters can fit up to two people and it will just depend on how many people are agreeing to go to the shelters and basically the makeup of the camps they wouldn't put two people from separate camps into one shelter together just because that would probably cause some issues further further uh discussion i'm sorry can i just understand that is there like a homeless gang war going on or what would that cause how would that cause an issue just putting folks together in a very tight space who don't know each other typically doesn't go well the pallet shelters are quite small and you get a tiny bed if you're sharing with two people and then you have your space underneath it it just does not go quite as well when you have folks who don't know each other sharing a space that small go through a joint yeah i i don't i just don't think i'm okay without a guarantee of two people per shelter i mean offering a roof over their head i mean i'm a firm believer of beggars can't be choosers and i mean we're getting we're helping people get off the street we have a lot of people to get off the street and if we're going to allocate this kind of money i would like to know that the more people we can help the better and that we're not allocating all of these funds for for shelter for pallet homes for for each one of them to have their own pallet home i'm also worried that does if they each have their own does that really give any motivation for them to ever get out of there so councilmember jerinsky we've had conversations with salvation army and ultimately some people may be perfectly fine with staying together and so you know there may be exceptions to that generally we'll just try to put people that have already been staying together together but we will try to maximize the space absolutely and i think the incentive for the pallet shelters has been well received from folks experiencing homelessness that they are willing to come in and utilize those shelters so we will work with salvation army to make sure those beds are obviously maximized as much as possible if someone has a you know you know certain type of behavioral or mental health issue that may not be appropriate to put them together just from a safety perspective but obviously we'll try to maximize those beds as much as possible and then there are stay limit times built into this agreement so that we are um hoping to move people through the continuum to get them housed and then free up those beds for other folks transitioning out of encampments and one more that's what we're joining what is that state limit go ahead it's seven days it's impressive with the ability to stay longer if they are actively working with case management but actively working with them and where are the the 25 pallet shelters that are that are on order now are they in yet or where do you know when they'll be in uh it's 30 total 20 at one site and 10 at the other and they should be getting in the week of august 15th all 25 okay yes further just further uh questions of staff i've seen none motion is it or uh motion is an order for uh item number ten are the other first of all there are further questions of staff are seeing none then a motion is in order for tennessee mayor i move to approve tennessee remembered by council member sunberg second by joranski councilmember jorinsky to approve uh item number 10c discussion further discussion but seeing now the question before says the adoption of item number 10 c call for the question councilmember sunberg and gardner the motion passes to approve resolution 2022-134 code now please read the title to honor number 10d item 10d is resolution 2022-135 a resolution of the city council of the city of aurora colorado to fund the salvation army with general funds to prepare their safe outdoor space for pallet shelters to provide a shelter option for the homeless the motion is in order mayor councilmember motion to approve item attendee moved by council members seconded by birkin i'm sorry second by uh mayor ten bergen to approve item number 10 d discussion you're seeing no discussion the question before says the adoption of item number 10 d call for the question the motion passes to approve resolution 2022-135 court now please read the title pattern number 10 e item 10 east resolution 2022-136 a resolution of the city council of the city of aurora colorado defend restoration christian ministries with general funds to prepare their safe outdoor space for pallet shelters to provide a shelter option for the homeless motion is in order mayor mayor um councilmember coombs it's been moved by councilmember coombe seconded by zarinski councilmember jorensky to approve item number 10e uh discussion so you know this question the question before says the adoption of item number 10 e call for the question the motion passes to approve resolution 2022-136 glory now please read the top item number 10 f item 10 f is resolution 2022-137 a resolution of the city council of the city of aurora colorado expressing their worst city council's approval of agreements by and between the urban renewal authority and the city of aurora and the taxing jurisdictions of record within the colorado science and technology park urban renewal area regarding tax increment revenues generated in a second tax increment financing area representation by staff thank you mayor the resolution today would approve three agreements between the city of aurora aurora urban renewal authority and three different taxing entities which have which are within the proposed second tax increment financing area that would be part of that would be created if the amended colorado science and technology park urban renewal plan is approved later this evening earlier this evening the urban renewal authority approved these agreements and basically because of colorado law anytime a plan is amended in a new tax increment finance area is created the it is required to get agreements in place when revenue sharing for those tax increments will occur and in this case it's with aurora public schools county adams county and the colorado science and metropolitan district questions of staff assuming none motion is an order mayor mayor for tim motion to approve 10 f moved by councilmember by mayor pretend bergen seconded by zavonik uh second by council members of honor to approve item number 10 f discussion let's say no discussion question before says the adoption of item number 10 f call for the question the motion passes to adopt resolution 2022-137 chloe now please leave the title to under number 10g item 10g is resolution 2022-138 a resolution of the city council of the city of aurora colorado approving the iga between the united states attorney's office for the district of colorado and the city of aurora regarding the appointment of a special united states attorney brief presentation by staff good evening council pete schulte public safety client manager for city attorney's office good to see you all this is what was brought up at a study session about having one of our assistant city attorneys appointed as a special united states special assistant united states attorney for the district court here federal district court here in colorado to focus on prosecuting cases that arise out of the city of aurora in federal court and this is the what we're asking you to do in the resolution is to approve the mayor signing the interim governmental agreement with the u.s attorney's office to allow it to happen questions of staff seeing none motion is in order mayor uh council members vonnick motion to approve item 10g that's been moved by council members of onyx seconded by charinsky uh council member jorensky uh to approve item number 10g discussion i've seen no discussion with questions before says the adoption of item number 10g call for the question the motion passes to adopt resolution 2022-138 the time is now 7 30 council will stand in recess until 7 35 giving staff an opportunity to to do an announcement for the call in line council stands in recess members of the public who would like to speak on a resolution or ordinance that have not already spoken to the operator press star 3 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 3 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 [Music] [Music] do [Music] so [Music] [Music] [Music] do [Music] [Music] [Music] [Music] [Music] my goodness the regular meeting for the awards city council for july 11 2022 is back in session we'll click now please read the top item number 11a item 11a is ordinance 202240 public hearing and consideration of an ordinance at the city council of the city of aurora colorado resorting a parcel of land measuring five acres more or less at the southeast corner of east 38th avenue and helena street from residential rural district to business tech district and amending the zoning map accordingly public hearing is now open uh presentation by staff thank you mayor my name is eric gates i'm a planner with planning and development services before you is a request to rezone the area located at the corner of 38th avenue street from rr to the i-1 business tech zone district as you can see the site is currently bordered by rr and nec zone districts further surrounding the area is a greater i1 region along with some muoi mixed-use office and institutional so here's the site should the zoning change be approved and it should be noted that the whole region is within the industrial hub place type which does support this proposed zoning and indicates a intent of the city to move this direction for the area this item was heard and unanimously recommended approval from the planning commission and staff also recommends approval based on the review criteria of section 146-5.4 the intent of the applicant is to build flex office spaces in this location which would be have to be reviewed through a site plan application at a later date and the applicant has also shared some example imagery of the anticipated flex office use which is what is on screen thank you presentation by the applicant good evening mayor and council members my name is peter wall thank you very much for having me here this evening record for my address for the records 142 south jackson street and just here to answer any questions that you may have and just would last you like to thank eric and staff for their professionalism as always and for having us here this evening is there anyone uh from the public who wishes to be heard yes mayor we have peter wall that signed up [Laughter] then no me down okay questions of public hearing is now closed questions of staff of the applicant from members of council uh seeing none a motion is in order mayor motion to approve 11a moved by councilman gardner second by jarinsky councilman jorensky to approve item number 11a discussion uh seeing no discussion questions before says the adoption of item number 11a call for the question council members of onik there we go yes it wasn't popping up the motion passes to adopt ordinance 2022-40 chloe now please read the title to item number 11 b item 11 b is ordinance 20 22 41 a public hearing and consideration of an ordinance of the city council of the city of aurora colorado for a zoning map amendment to rezone three parcels of land to airport district and medium density residential district for approximately 242 acres of land located west of e-470 and along the 48th avenue alignment presidential my staff oh the public hearing is now open a presentation by staff good evening mayor city council my name is brandon camerota with the city planning department um thank you this proposal relates to the windler master plan area the windler master plan area generally extends from 56 down south below 48th and exists on both sides of e-470 recently the city council did approve a rezone for this proposal on the east side of e-470 and this proposal relates to the west side of e-470 uh the applicant applicant gvp windler llc is requesting to rezone two parcels of land approximately 141 acres shown in blue from mua which is a mixed use airport to airport district and then the remaining parcel 96 acres to r2 which is medium density residential also from mua the applicant is requesting this change to allow this zone change to allow what are now conditional industrial uses that are intended for the blue parcels through the approved windler master plan for those to be allowed as by right uses as opposed to conditional uses and the r2 is also contemplated as residential in the master plan therefore you know this rezone is supported by that master plan planning commission heard this item june 22nd and recommended approval unanimously and if there's any questions i'd be happy to try to answer them a presentation by the applicant i believe the applicant is available for for questions if asked is there anyone from the public who wishes to be heard on this item no uh questions of staffing the applicant from members of council mayor uh councilman mcconnell thank you sir um so the change leap frogs um several different uses um you know that are then going to be sandwiched basically between this airport district so i'm just curious why these areas in specific what is the vision i guess for this area because i thought that this was supposed to be kind of a front door if you will to the city mayor through you brandon camerata so the existing mua zone district does permit industrial uses as conditional approvals and the master plan that has been pursued here contemplates industrial uses you know for those blue areas that were identified in the map and this rezone provides a little more certainty for for that expectation that's been established in that master plan for those industrial uses without needing to go to a conditional approval for every every incremental change within those districts so further question i'm sorry further questions follow-up thank you um so we'd be moving to a you know industrial use primary industrial use as opposed to allowing let's say light industry to get conditional use permits are we then basically sacrificing any other kind of mixed use as a result um mayor through you brandon camerata again so again the existing zoning which was mua for this entire area is a mixed-use zoning that permits condition industrial and residential zoning and basically the proposal in the master plan uh met those requirements in terms of percentages of residential relative to commercial and so in that sense it's still representative of that mix of uses horizontally further discussion i have further questions to staff seeing none the public hearing is now closed a motion is an order mayor i move to approve 11b removed by council member sunberg seconded by czech second by council member joins you to approve item number 11b uh further discussion see now the question before says the adoption of uh audit number 11b call for the question the motion passes to approve ordinance twenty twenty-two forty-one well clearly now please read the title to item number twelve b item twelve b is resolution twenty twenty two one thirty nine a public hearing for a resolution of the city council of the city of aurora colorado amending the colorado science and technology park urban renewal plan by creating a second tax increment financing area a brief presentation by staff sorry thank you chad arch chad argentar with the planning and development services division this is uh uh this is for stand corrected i'm sorry the public hearing is you know open uh rep a presentation by staff uh thank you again uh yeah so the the colorado science and technology park urban renewal area the plan was adopted in 2008 along with its first tax increment financing area which made up uh which currently makes up about half of the total urban renewal area basically west of scranton street the current you know in 2018 when the golf course the us army turned over title to the fitzsimmons redevelopment authority now the innovation community that opened up an opportunity to continue development in in the western portion of the urban renewal area to support development and infrastructure there a second tax increment area is proposed in order to do that the plan needs to be amended and that is what is included in this amended plan is the creation of that second tax increment financing area basically from scranton all the way over to its western extent along peoria street the plan also includes some updates related to you know development since 2008 and references the aurora places comprehensive plan as well as the station area plan and so approving this plan this evening would create the second tax increment financing area and allow the urban renewal authority and the city council to execute the tax revenue sharing agreements with several other taxing entities these agreements which were approved by both the city and urban renewal authority earlier this evening i i do want to uh mention that part of the backup is you know the the the main backup is the urban renewal plan and staff there was an oversight uh in one section of the plan and we would like to propose an amendment to the backup in addition to it it's a it's a relatively minor one and it's part of the um it's actually related to the agreements approved earlier this evening in section 6.7 of the urban renewal plan we outlined the incremental revenues that the authorities would be collecting within the second tax incremental tax increment financing area the oversight is related to the fact that the metro district also has a millage in the area and we did not include a section in there that references the collection of incremental revenues from the metro district to the authority point seven seven six point seven eight six point seven nine all reference these other taxing entities aps uh mile-high flood and the county and so we would just propose that we would add another section with the exact same language in there as 6.77 and 6.78 but in reference to the colorado science and technology park metro district questions to the applicant i'm sorry um presentation by the uh presentation by the applicant i think we are the applicant you are the bow you're both very well all right okay is there anyone who wishes to be heard yes we have april giles who signed up who is the applicant good evening mayor and council members i'm april giles vice president for the fitzsimmons innovation community or fra um i just want to say thank you for having us here tonight we've worked diligently with the aura team over the last two years so i do want to thank andrea and chad they've been very thoughtful i would say in their process with the other taxing jurisdictions and i also want to thank marcus pockner and his team because we went through a very thorough process of thinking about how we engage with the community around the tif two and the creation of a community benefit fund and so working with marcus was really beneficial in helping us engage with community members and understand the potential impact for our growth um so again i'm here to answer any questions but just want to thank you for considering the amendment tonight is there anyone else who wishes to be heard no uh questions of uh of staff um mayor mayor for jim yes and i know that um this is um potentially bioscience five uh building will be going in um do you i think in the back up it said that it anticipation of 9 000 jobs to be created with the new area is that correct at full build out so the three to four million square feet over the 20-year build-out period that's what's projected okay thank you mayor uh councilman gardner uh thank you can you talk a little bit about the community benefit fund how that's going to be managed how the money's going to be set aside that kind of thing certainly right now there is you know the community benefit fund would you know be funded through incremental revenues in the future as increment is is created the idea behind it as as april was referencing was before perhaps you want to i'll contin yeah okay so the community this just sets aside a portion of the incremental revenues to create the fund the fund then would be collected by aura and would be put aside for the urban renewal authority board to designate to uses that the board wanted to propose for those for community benefits so it could be housing it could be a job programs and so forth so that actual allocation of a minimum of at least of that 10 percent at least half of that would go directly into the fund to be spent at later date it will take a while for the incremental revenues to collect and be worthwhile enough to actually fund some activities so we have we will go through a process with the aura board to discuss how they want to move forward and allocate those funds what uses what programs and the only qualification would be that they need to benefit the specific area surrounding the campus which we've defined roughly as about a half a mile all the way around around the this area mayor can ask for cosmo gardner so what other options exist for managing that money i'm i'm not really um i guess in favor of the aura board managing that i'd prefer to see something community driven that perhaps had some involvement from from council but so i'm just curious kind of how we arrived at the decision to have aura manage that money rather than maybe like a third party foundation or something like that mostly because there is no money until the increment collects and then in order to set it aside it has to go to aura and council at that time at the time that we were writing the plan there isn't a specific entity the board camp which is mostly made up as you know of the council as a whole can then decide if they want to for example send that money to a third party agency to designate what i will say is that the other taxing jurisdictions in our negotiations with them for portions of this money because they are contributing as well they have asked that they also be involved in the allocation process of some of that and so i i actually perceive that we would be having conversations as a whole the taxing entities as a group to decide where some of the money should go and it can be allocated to third party agencies to actually disperse mayor one last follow-up councilman gardner so to make sure i understand we would engage adams county who i guess has representative on the aur board aurora public schools um but ultimately the aura board could make that or could make that decision to allocate that money to a third party community foundation and staff it doesn't have a problem with that no the only thing is is that there needs to be some because the money is coming from increment there are certain statutory regulations and so staff will be involved in making sure that if we give money to a third for example let's say we give it to mile high united way okay and they they can't give the money to programs in englewood that that's kind of an example of why we just need to make sure that it's being spent appropriately in accordance with the statute thank you our further questions to staff uh uh seeing none um emotion is in order mayor motion to approve out of 12b i'm sorry you all needed an amendment you requested an amendment am i correct in that that's correct i'll change my motion approve item 12b with the amendment proposed by staff um first i'm sorry first we do need a motion and then we'll go to the amendment so had been moved by councilmember gardner second amendment by mayoral second secretary councilmember lawson that now an amendment would be in order mr gardner staff would can you please restate the amendment for the record sure i didn't i stated before a council member but i'll um i'll i'll state it out for the record um so this would be um 100 of the property tax increment derived from the colorado science and technology park metropolitan district shall be allocated to the authority for the purposes and activities outlined in this plan okay mayor i'd like to propose that as an amendment very by case member gardener second by mayoral second second by councilmember lawson um discussion on the on the gardner amendment uh seeing none question before us is the adoption of the gardner amendment to um item number 12 b um discussion the same thing i've seen none with the click please call the roll call for the question on 12b the emotion on the amendment i'm sorry the motivation passes to approve councilmember gardner's amendment to item 12b are there any other amendments uh further discussion on item number 12b as amended sitting down the question before us is the adoption of item number 12b as amended uh call for the questions the motion passes to adopt resolution 2022-139 since item number 14 a through 14 g were passed and first rated unanimously they can be taken in a single as a single vote uh no different than a consent calendar uh motion motion to approve item 14 a through g rule by council member gardner seconded by to approve item number 14a through 14g discussion scene now the question before us is the adoption of item number 14a through 14g call for the question the motion passes to approve items 14a through 14g right now please read the title to item number 14h 14h is ordinance 2022-37 an ordinance of the city council of the city of aurora colorado amending sections of the city code pertaining to mandatory minimum sentences for certain offenses in the world municipal code and other amendments to the city code to combat the increase in motor vehicle theft and related offenses councilmember zavonik thank you mayor this ordinance proposes to address one of the most challenging public safety issues that our city faces and that is motor vehicle theft motor vehicle theft has a devastating impact not only on the victims for those who have their car stolen but also for the victims that are created by people who commit crimes in those stolen cars this ordinance seeks to create certainty and penalty for too long our state has made some a number of crimes more permissive and has led to a skyrocketing number of motor vehicle thefts across our state and across our city and so this ordinance is an attempt for us to begin to take action to make aurora safer and with that i want to turn it over to the city attorney's office to talk through the specifics of what the ordinance would do thank you council members of onik pete schulte again public safety manager for city attorney's office uh good to see you all again so back to again what we talked about the last council meeting that was passed this ordinance changes a few things one of the things is it does as council members of onyx stated under our specific statute for motor vehicle theft it creates a mandatory minimum sentence of 60 days for anybody who has not been prosecuted or convicted of a similar offense or the same offense in the city of aurora previously it then does a repeat offender that says that the minimum sentence will be 120 days if somebody has been previously convicted under the same offense of the city of aurora or any similar offense in the state of colorado any other state it also adds a failure to a peer minimum mandatory jail sentence of 10 days again for the first all of these that the first three days will be served at our detention facility here in the city of aurora and then they will go to the county jails where they will serve the remainder of their sentence section two of the ordinance changes one of the things is ads subsection j to add for minimal mandatory sentencing for what council may do in the future puts it all in one place but then it changes the general penalty for up to 364 days to be in compliance with state statute and changes the value of theft in section 3 for any value of less than one thousand dollars to again comply with state statute used to be uh two thousand dollars uh and then it adds a component under subsection e of the theft sec the theft section adding a major component of a motor vehicle which then includes a catalytic converter which we know the legislature took out this last legislative session made it a petty offense under state law so this now puts it in a very specific in the ore city code to make it a a violation and subject to the general penalty as we talked about up to 200 uh 2650 fine and up to 364 days in jail the other important thing about this particular ordinance it does have a sunset provision it'll be two years from the date of today if it passes a the final reading will be reviewed if it is not reviewed and re-upped in two years it will expire and the only thing that will stay the same would be the changes to uh up to 364 days in jail and changing the the theft ladder value of making it a thousand dollars questions i have as far as for staff okay questions to staff councilmember mcconnell thank you sir um pete thank you for your brief presentation again i have a question for you here and can you tell us with regards to the failure to appear provisions what other jurisdictions have similar failure to appear penalties with associated jail time so i will tell you that most municipalities in the state of colorado actually have a failure to appear ordinance if they choose to actually file that charge and we talked about the last council meeting is that in in the past we have not been charging an additional offense to defendants who have failed to appear and under this we will be doing that in certain circumstances we talked about where the the criminal division of the city attorney's office deems that you know we have a trial set and the defendant doesn't appear those are going to be the one the times that we're going to be adding those charges so i don't know of any other cities that have a mandatory minimum i haven't heard that i haven't done the research though just to be just to be fair and complete but failure to appear is very common as a separate offense because it separates it from the underlying criminal office mayor all right sorry i'm sorry councilmember mcconnell all right thank you sir all right so thank you pete for that clarification um so one i just want to understand or make sure that i heard you correctly you haven't we have not done the research into other jurisdictions that have mandatory minimums based on urbanity jail time for failure to appear we're proposing that correct i have not we have not looked into other cities that have a minimum minimum mandatory sentence for failure to appear okay wow um i'm a little surprised to hear that um the second part of the question that i have for you here is in those other jurisdictions that do have failure to appear ordinances um can you tell me a little bit about the language that's used um i think that in our in colorado we typically we have some you know like a knowingly or intentionally or something like that um that you have to use to qualify whether you can charge somebody with something why do we not have that in our ordinance so if there is not a mental intent actually specifically stated uh it is it is referred back to um you know the intent of the actual ordinance and i don't know i have done the research of other figure to appear ordinances in other cities but in this particular case there's always going to be somebody gets charged a failure to appear and they have a legitimate reason of why they could not come to court that would be a defense to that case right but somehow they're making a conscious decision to not make the appearance in court that day and that's what satisfies satisfies the failure to appear elements of that offense all right mayor thank you sir and this can go either to the city attorney or to the sponsor of this but why on earth were these things not researched why are they coming before us without us doing any due diligence on this the mayor um councilman was veronica yeah look when when we were drafting this um the purpose as i stated was to try to address motor vehicle theft in in the city which is seeing just an exploding amount of of car theft and one of the challenges that was brought to my attention was the number of people who play this game where a criminal will show or doesn't show up the victim does possibly a witness and there's no penalty to it and these are this is a serious crime when people have their cars stolen it's their livelihood this isn't a typical property crime this is people's way to work this is how they get their kids around and so people who don't show up for their court date with no reason just decide not to i believe they should face a strict penalty and so as we started to think about what we what are some of the options the minimum mandatory was one that was brought forward as an option and i decided to put it in here in order to have to meet that goal of making aurora a place where one you don't want to steal cars and two if you do you're going to show up for your court date uh mayor pretender um councilman mcconnell police thank you sir yeah so i i appreciate the well-rehearsed stump there but you didn't answer my question why is this before us without any due diligence being done research this sir councilmember zavonik yeah this is well this was brought forward look i understand that we're doing something that might be unique for us we're not running with the pack we're going to lead the herd we're going to show exactly how we can lead on trying to drive down motor vehicle theft is in a city and make sure that people show up for their court dates when they victimize members of our community uh mayor let me respond real quickly just for the research there are no other cities in in the in the state of colorado that have mandatory minimum mandatory sentences for failure to appear okay so but as far as the question that you asked councilmember marcano about looking at other failure to appear ordinances in other cities we're very comfortable with our failure to appear ordinance that it's enforceable under colorado law so we didn't go beyond that what council members of onik asks us to do was is if we could do a mandatory minimum could that be something we could do under our code and yes it was his prerogative to bring that forward so i don't want to say there wasn't any research there just isn't a lot of other other cities doing this right now in the state of colorado america thank you um in terms of the councilmember mcconnell let me go to mayor pretend then i'll come back to you sure on the failure to um appear i mean my my opinion is unless they have a really good reason why they didn't appear medical whatever you know if if you stole a vehicle and you have impacted a victim and that's real i mean that impact to a person is real then and you don't show up to court then you should be in jail i mean we have to get tough on on motor vehicle theft because we hear it all the time you see the stats in in the city and the state as far as the increases and we need to let people know that we're not going to tolerate vehicle motor motor theft in the city of aurora council member mcconnell thank you sir um so with the way this is written um and i think i caught this intent in what you spoke about pete this would also this applies to more than just motor vehicles that with regards to the failure of a peer provision is that correct correct because previously what was going on customer marcano there would be if somebody didn't show up for a court date that warrant would issue and there would be fines and other fees associated with the underlying criminal offense right so what would happen is is that without having the additional failure to appear offense placed on the defendant for not appearing if we had another issue two or three or four trial settings down the road and the criminal division of our office had to dismiss the case then the fees and and the and the extra charges would go away as well there would be no penalty for not showing up for your court day by adding the failure to appear in certain circumstances and again i'm not going to speak with for for deputy city attorney julie heckman that's her and we have this ethical wall that's her decision but the idea is is the most inconvenience for our citizens for defendants who don't show up for their trial settings after they've said the week before they're going to be there that would be the time because if the underlying criminal case goes away the defendant still has to face the failure to appear and if this ordinance passes with the mandatory minimum of 10 days mayor councilmember connor please continue thank you sir um so i guess at this point i'd like to offer an amendment and that would be to add a mens ria clause uh to the failure to appear provision i'm really concerned that that's going to come back to bite us um i mean i think that what we're doing here especially knowing that this applies outside of motor vehicle thefts um this just seems frankly a little sadistic like this is way above and beyond um what i think is reasonable um i'm frankly i think that we're gonna probably get sued over this provision um and it's not even well defined so there are a lot of issues here um and i'm not an attorney um i know that the problem that the public defender's office has already expressed their concerns about this as well um i just feel like what we're doing here is really really dangerous so i'd like to at the very least offer an amendment to adam and zaria claus uh to the failure to appear provision well councilman mcconnell would you do me a favor um uh as soon as we're done with questions of staff uh then we'll go to because we haven't had a motion on the uh proposed ordinance yet and then we'll go to amendments all right okay uh are there further questions of staff mayor uh councilmember combs um yes so i just had kind of a follow-up on that line of questioning what percentage of feelings are on motor vehicles in the city of aurora and what percentage failures appear on other charts councilmember coombs i don't have that information on because well let me tell you before now we have not been issuing failure to appear citations so it's be difficult for us to go back and and figure out how many ftas have actually been done on different types of cases because again all the fines and the fees for failure to appear were put on the original criminal charge and so that's something we have not used in the past but it's again it's section 50-33 of our municipal code for failure to appear and that is a separate offense so i don't think even if we look for that information i'll be able to get that information for it because we just haven't been filing these ftas as a separate offense for other questions of staff yeah so understood on that but the other conclusion that i have is is there really prosecutorial discretion if there's saying we have a mandatory minimum on a failure to appear is there a prosecutorial discretion on when that executed the point of the amended agreement to remove that prosecutorial spread so under under colorado law um whether it's the d.a or the city attorney we have we bring the charges right we bring the charges on behalf of the people we make the charging decisions and it goes back to you know you know we got asked a lot of questions this week from the media or the last two weeks about how many charges of motor vehicle theft get filed in municipal court how many get filed in the county right at the da's at the d.a level those are charging decisions so the criminal division of the city attorney's office under city attorney brocksman's leadership will set those parameters but again the the direction that council members avonik has given us is that he only wants those type of charges and again this could be the discussion of counsel as well as part of this is we're not going to file this on people not showing up on the first appearance right because it's not taking could it be done sure but that's not the point the point is is when we're ready for trial and the defendant doesn't appear and they're told to have been there after being issued i mean 5033 subsection a is the offense under the city code that we would file that on but that is the reason why we would start using the ftas is in those extreme circumstance that put our citizens at a disadvantage uh further questions of staff mayor councilmember sunberg i just need some help an educational process for myself about the trial process when these criminals are just skipping out in these cases at that point are there is there often a jury in place so the way it works is and i know uh mr wilson the public defender was here a couple weeks ago and explained to me that i was wrong on my days but the wednesdays before right the we have a pre-trial the final pre-trial setting everybody's there we'll say hey is is the are the people ready that we announce whether we're ready or not and then the defense says or the defense ready just says you'll start trials on tuesday or thursday one of those two days there are jurors that are brought down and so that means they're picked for that case yet but once they show up on tuesday then jury selection would proceed if everybody was there and so if a defendant doesn't appear let's say we have five cases that are set to go to trial in that division five defendants don't show up we've had all those citizens that would have you know come down for jury service that we wouldn't be able to use their their jurors with their services jurors because the defendants didn't appear they're a necessary party just a massive waste of people's time and collective hours and a wrench in the gear of the process and in my estimation correct and i will tell you as a former defense attorney in my previous lifetime that is part of the process right that's part of the game is because the people have the burden to prove right we're not you know if our people don't show up if our victim or our witnesses or our officers don't show up we have the burden so we don't have those that's why as mr wilson said last time 52 percent of our cases set for jury trial get dismissed because we don't have the necessary parties on the prosecution side showing up mayor um so the victims a lot of times will probably all the time show up and then if the if the offender doesn't show up then the same thing they've wasted their time after they've gone through all the agony of having their cars stolen and i don't even know how the hell they got there but they had they had to make the effort to get to court so i have no sympathy um further questions of staff mayor um councilmember medina yeah i just had a quick clarification on that as well now this failure to appear what happens if if the victim or the witness do not appear do they fall into that same so this is the predicament right that mr wilson brought up as the public defender i mean if if he wants us filing failure to appears on on witnesses and forcing them to come to court uh where their cases don't get dismissed and then i mean that would be the that would be the the result um it's counterintuitive right what we're trying to prevent is is again if the defendant shows up right shows up to court on their trial date and the victim chooses not to show up our option is is either go forward without that witness and lose the case or dismiss it and what our criminal division does is to avoid wasting everybody's time is because we're called to court we're called to trial as we dismiss the case and so there isn't the same again if if and i i laughed with the public defender i said if you want to take the burden away from us too then then we'll do that obviously we can't because the people always are going to have the burden of proof beyond a reasonable doubt but that's that's the indication of why uh it doesn't apply the same way further questions of staff mayor councilmember combs yeah so um sorry to continue on this line of questioning so i understand that the legislative intent stated by thompson member sonic is that only people who are failing to appear um at their trials and on motor my question is is there any guarantee that that legislative intent what carried out by the way that so what i want to do is make sure that we're actually passing an ordinance that reflects that legislative and if that's what we're saying okay and you cut out a little bit councilmember coombs i want to make sure sir you're stating that you're wanting to put something in the ordinance to restrict when the people on behalf of the city attorney's office on behalf of the people can file an fta sorry or just in general what would be needed to make sure that that legislative intent is okay and i'll refer back to you council members ivanka as a policy type type decision yeah i guess my question would be or mayor so do we need anything in there we're not i will tell you that the position of our office from the criminal divisions side is we're not going to waste everybody's time now i want to be clear this doesn't include traffic violations these are going to include most offenses under our municipal code that are going to be subject to the general violation penalty right it's up to 364 days of jail up to 2650 fine we're not going with we're having the issues with staffing like everybody else we are only going to file these charges on the cases where again i i believe and this is again going to be julie heckman our deputy city attorney over the criminal division it's going to be her division's decision but we've talked about it and basically the most time when we're going to file fda's is when our citizens are inconvenienced right because again if you have two or three or four trial settings and the victims have to keep coming down at some point the victims get fed up and they just don't show up anymore right so if we're going to talk about the wednesday before and we call our office calls the victim the police officers and say hey we're going to trial on tuesday right and we're ready to go the defendant better be there right if not we're going to follow the fta because you know what our staff is having to do a lot of work to get ready for trial every week and so those are the cases we're going to focus on mayor uh council members monica are um suspected are the suspects given notice that a failure to appear that could potentially be unlawful and lead to a criminal penalty i can't speak for their defense attorneys but i will tell you that it's very clear from when they're issued the summons where they're in court that they are required to be there and subject if they don't appear they're subject to additional consequences when i was a defense attorney i did let my clients know that if you don't appear you are subject to additional charges especially municipal court and does that um would that then make you know council member marcano had had offered or will offer an amendment um africa are offering a men's radio clause it seems like that and the notice that they're given through the summons and hopefully through their defense attorneys would negate the need for that correct i mean you know when he's talking about men's race he's wanting to add it intentionally knowingly recklessly with criminal negligence right the way our failure to appear statute reads is his failure to appear in the municipal court at the designated time after having been issued a summons and complaint for a violation of any provisions of this code except for a traffic infraction shall constitute a violation of this section regardless of the disposition of the original charge so the underlying criminal offense okay if a partnership unincorporated association corporation or other business entity named his defendant fails without justification to appear as required as any stage of the proceedings of course i'll note the failure to appear enter a plea of not guilty if no plea has been entered and notified the finance department or such failure to appear that applies to to non-human defendants right so it in essence is a strict liability offense if the people can can prove that you were told where to be and told when to appear and you don't appear it's a violation now they have every other defense that's entitled under the code that if they want to say that they had it was you know undue burden to get to court uh there were other issues that that came up and that is a defense to the charge of failure to appear but these are strict liability means if you if it happens you violate the you violate regardless of the intent because it's not like you're intending to harm somebody right an assault is intentionally and only or recklessly causing bodily injury to another person yeah you have to intend to cause injury to that person but being told where to be and what time to be there that's pretty self-explanatory that's why i i have no problem with how our failure fellowship here statute is written further questions on your staff councilman coombs um yeah i'm just wondering if um mr wilson comment both on the men's ray issue and also the legislative intent and application failure to appear issue mr wilson yes sir thank you mr mayor thank you members of city council uh several things um specifically about the men's reality this is going to get a little technical but right now the fta is in the court section it is not in the punishment section is not in the penalty section it is not in the crime section it is under title 50-33 if you read 50-33 it does not set up a defense it does not allow defense unless you're a business my learner counsel pete just read that to you unless you are a business you do not have a defense to fail to appear it is in fact a strict liability crime which i'm telling council right now isn't constitutional without a mens rea i did a little research 43 states have a including colorado have a failure to appear substantive crime not something buried in the court section and all of those almost all 43 have a men's ray either knowingly willfully intentionally and or a provision that says without legal justification meaning you can present a defense council member the the i think we're missing something big here on the ftas this isn't just about motor vehicle thefts this is every fta on every type of case and it does apply to victims and it does apply to police officers because the fta again ordinance that you're looking at is in the court rules and the court procedures not a separate substantive offense under 94. that's the section where we have the code for all the crimes so excuse me pete is talking about am i going to ask for warrants or for victims or police officers or witnesses for 10 days what i'm suggesting is what you're hearing today is a clear equal protection violation if in fact the prosecution as we said led by mr brotsman is only going to charge defendants when they don't show up 52 percent of the time the cases are dismissed on the day of trial because the prosecution doesn't have their witnesses present and it is not always because it's the second or third setting the prosecution continues many cases as well but 52 percent of time the cases are dismissed because they don't have their evidence to present at the trial it's not just on our clients so yes i will be asking for those sanctions once the case is dismissed because that's what you guys are about to pass if you don't change the language if you don't look at changing it moving it over to title 94 not or section 94 not section 50 and if you don't put a men's right in strict liability crime which you heard pete just say isn't going to be constitutional you cannot have a offense that just says if you do x you go to jail that's in direct violation of most of the bill of rights as it relates to criminal defendants you can have a crime that says if you do x and you meant to do it or you did it knowingly and you are convicted but that's not what you're writing right now and the legislative intent why when we attack these this ordinance which will have to happen yes the legislative intent will become part of that discussion excuse me but it's not binding on a court it's merely persuasive authority and what goes on here well we can get a transcript and we can discuss it but if you pass this i am telling you it's not going to be constitutional the way you're setting it up it's not even in the right section of the code for a crime mayor please proceed staff do you have a response to that i i do thank you mayor um doug you know i have a lot of respect for you all right the general penalty is in the beginning of the code right the general penalty is not in each chapter of the municipal code repeated everything that's in the code flows through the entire municipal code he talks about mandrea everybody knows all right the number one crime that is a strict liability crime that does not require a mens rea is driving under the influence right can you imagine if we had to say somebody intentionally unknowingly drove under the influence what every defendant would take to stand and argue okay there are several offenses out there that are determined to be strict liability so i i he's doing a great doug is doing a great job trying to protect his clients as a good defense attorney does but it's not required under the failure to appear statute for a men's rea under the strict liabilities as he's stating with all due respect we can lawyers love to talk but um none of the offenses even duis aren't going to be a minimum mandatory sentence that's the offensive part is you are saying somebody's in the hospital on a theft case and doesn't come to court and i would urge you to take it i would urge you to take a look at the actual first sentence in 50-33 which specifically says it's only the summons and complaint it's not trial in fact it says the specific date set out on the summons and complaint if you do not show up then it is an fta does not say trial at all read sentence number one 50-33 mayor a further uh questions of staff may pretend so what is the consequence if we don't do this failure to appear what is the consequence for someone failing to appear every single time because i think that's what happens when when we hear repeat offenders and they're not there's no consequences they're not going to jail they're and they're they're re victimizing people so a couple things about about the failure tip here one is you know what we're talking about let me pull that up again i was looking at other other parts of the code the summons all right when they appear on a summons initially the judge then directs them when they are to return all right it's a continuation of the summons so correct as mr wilson stated a literal reading of the statute says hey summons but if someone's carries through someone's what brings you to court once you're there the court has jurisdiction over you and can order you back all right as far as the other about the minimum of 10 days what council members avonik had stressed to our office when we assisted him in writing this this ordinance was he wanted to make sure there was a penalty for individuals choosing not to show up for court we could still file the fta without this mandatory minimum on the um in the ordinance of the 10 days but again i know council members of onyx focus was to make it known if you're going to get charged with an offense in the aboard municipal court you better show up because regardless of what happens in the underlying criminal offense if if you get convicted of the fda you're going to do at least 10 days in jail so mayor jim so you said the summon starts the process so they don't show up for that initial summons they're not showing up or anything are they i mean at that point they're like what why right at that point that a warrant would issue as long as there is documentation again then the people still have the burden of proof right we're still gonna have to have evidence that a lawful summons was issued if that is done then a warrant will issue once they get arrested again they'll be either released on a personal recognizance bond or have to otherwise bond out and be given a new court date with a summit right right then they come back and so that that process can keep going and going um until the defendant decides to actually stay and handle the case and in the meantime they i have stolen three more vehicles probably okay further one more so if if they have a legitimate um reason for not showing up you're not going to send them to jail no i mean we're again we have the burden we're not going to waste a jury trial when somebody produces again this is my days as a prosecutor i'm not going to waste the jury's time if somebody's able to show medical records that they were in the hospital on the day of their trial right or they had a car accident or a car accident or anything that's going to justify why they weren't there all right but it's the same thing that we do now all right if they get assessed a fine or or a fee for not showing up and they can explain to the judge i was in the hospital i was in a car wreck they don't get levied those those fees or fines okay thank you further questions of the staff uh councilmember jordan's yeah these delay tactics are getting a little bit old and why we've been sitting here debating on this we can't even get the call to the question there's probably been 10 cars stolen and quite frankly the bigger issue on whether or not they appear in court is the fact that they allegedly stole a vehicle in the first place so if you don't want to be in this predicament in the first place the message from aurora colorado don't steal a car here that's it okay um further questions of staff see um i'm sorry councilmember combs first can i be heard or is it still breaking up it's kind of breaking up but we can hear you okay um so my other question is just why we still have no fiscal note on this on what the in cost is going to be for the prosecution and for the defense and for the court and the jails we had a conversation about that last time there's still no physical note we said oh we'll figure it out but the prosecution is under staff the defense is under staff the court is under staff and we can say we want to make sure we prosecute this no matter what that's fine but we can't just say we're going to find the money no matter how much money it is but we're going to get creative no matter what in a bunch of understaffed departments so i would like to ask that we continue this item to the next city council meeting pending a we have to have a motion to bring this to the floor first and then we can entertain amendments or motion to table or continue and so either let me just ask that are there any other questions of staff saying none a motion is in order mayor council members avonik motion to approve item 14 h removed by councilmember zivani second advice councilmember jorinsky she made such a passion plea i got to go with her on a second ah uh second by councilmember johnson to approve item number 14 h um further discussion mayor uh councilman i'd like to call for the question please okay um but there's a second do i have to allow amendments first or just is it just second so you've had two two motions so you need to handle those first okay i'm gonna have to uh council members i'm gonna have to handle the the motions first so councilmember mcconnell thank you mayor um so i would like to offer as an amendment um the following sorry hang on a second here all right so this will be in the first sentence a mandatory minimum jail sentence of 10 days shall be imposed and this is where the amendment begins or a intentional or knowing failure to appear for an alleged violation of motor vehicle and that's the end of the amendment it's removed by councilmember mcconnell seconded by second by councilmember combs uh discussion on the mercantile amendment mayor i'm sure i'll mail with him maybe i could ask the sponsor um he his amendment is specifically on motor vehicle theft yes okay and sponsor council members of onik yeah i my pr my preference would be a no as the city attorney's office has already suggested it's not necessary um in order for us to make sure that the intent of this ordinance and frankly if there are other failures to appear outside of this it's going to be for some pretty bad crimes so my i would urge you no vote on this i don't think it's necessary further discussion on the mcconnell amendment mayor councilmember mcconnell thank you sir um i think that it behooves us to be as clear as possible as other jurisdictions are and include a mens rea clause for this and i have to say that overall i'm still going to strongly oppose this ordinance i think that the minimum jail sentence for a failure to appear is likely going to be held to be cruel and unusual punishment and he's going to get us in a tremendous amount of trouble so don't say i didn't warn you um i would strongly caution um this whole thing should be struck out but i'm going to start with this amendment at least see if we can get that done question mcconnell amendment mayor councilman mccombs um to be clear the number one crime charged in our court is trespassing so failures to appear aren't going to be for some pretty bad crimes i think the second most common is also a pretty petty offense i would leave it to the staff to elaborate on what those are because i'm sure i can't be heard super clearly amendment further discussion on mcconnell mayor uh councilman i'd like to call for the question on the marcano amendment so uh uh governor madrinski has moved uh call for the question uh is there a second second it's been moved by council members second by councilmember savannah uh to for a motion to call for the question uh would the clerk um well call for the question on the uh jurinsky motion to end discussion it is a non-debatable motion mayor kaufman may rotary the motion passes with eight yes three no votes to end the debate no votes from councilmember marcano combs and mario uh councilmember combs to your amendment okay so it's not an amendment it is a motion to continue the item to the next regular council meeting pending a fiscal analysis signed off on by all active really quick i believe we just voted on the jarrenski motion to recall for the question which we should call for the question on the marcano amendment on marcano so we should be voting on the marcano amendment now correct we already oh oh i'm sorry you're correct i stand corrected uh question before us is the [Music] call for the question on the mcconnell amendment uh the motion does not pass with six no votes in four yes votes the us votes from councilmember medina marcano coombs and mario councilmember coombs has a motion to table um to be moved by councilman coombs second by second second by councilmember mcconnell to to table uh discussion mayor mayor uh councilmember i'd like to call for the question please uh call for the question on uh the motion of the table exactly is there it's been moved by councilmember johnson second by council member zavonik um call for the question on the jorensky motion to table i mean the jarinsky motion for call for the question mayor kaufman remember jess the motion passes with seven yes votes four no votes from councilman medina marcano combs and mario to call for the question okay one tabling call for the question on the motion of the table yes okay so it passed so now we're at tabling yes we've yes i've i've misstated that the prior vote was uh just to vote on the motion to call for the question now this is a a vote on the motion to table the coombs motion to table mayor kaufman remember jess on the motion to table this is the motion oh i'm sorry oh maybe i stand corrected ouch man votes no zavonik also votes no you almost did the right thing okay there is seven no votes in the table four yes votes yes votes from council member medina marcano combs and mario to table the item are there are further amendments mayor thank you sir i would just like to ask why my colleagues are afraid of discussing the merits of this idea further discussion mayor i'll go ahead and answer that all right guys i'm not afraid of discussing the merits of an idea that's like beneficial for the city what you want to discuss is all criminal friendly and it's not up for discussion i'll continue to call for the question is there a motion is there a motion did you just make a motion to call for the question sure yeah yeah every time it's a permanent standing call for the question okay so call for the question on the bit on the uh ordinance itself on the proposed ordinance itself is there a second second it's been moved by council member joining second by council member zavonik uh to uh call a motion to call for the question uh on the um um 11 8 14 h where am i 14 h um to the call for the question on the motion to call for the question mary i believe this is the call for the question to vote on the ordinance is that correct correct yes okay no we're we're voting on the motion you're voting to end debate in debate i know it read differently okay it's stuck on here again again um um okay i'm mayor kaufman marvel chess on the call for the question councilmember coombs we need your vote the motion passes seven yes for no from councilman medina mercano combs and mario to call for the question on the ordinance motion before us is the doctrine of item number 11 h call for the question 14. the motion passes with and actually mayor you can make or break this tie may votes yes on item number 4h no i'm sorry mayor ears went to no instead of abstain i'm sorry we're having some technical issues right here so yes six yes four no from council member medina marcano coombs and mario so the motion passes for ordinance 20 20 to 37. right now read the the title point of order mayor uh councilmember combs i tried to make this before but we had a false for the question can i just ask that the record accurately reflect the motion i made it was listed as simply table in the escribe and the motion was actually continue to the next regular council meeting protecting a fiscal analysis signed off by all relevant departments but can that please be accurate that will be related in the minutes and in escribe that's where it comes now please read the title title number 18a item 18a is consideration to approve an agreement between the city of aurora colorado and the fraternal order of police for the years 2023 in 2024. a brief presentation by staff uh good evening mayor and council my name is jason batchelor deputy city manager so this is the fraternal order of police contract fraternal police is the recognized bargaining unit for the police department they represent ranks of police officer for through captain and this contract is a two-year contract covering years 2023 2024 and represents some significant pay increases for the members of the bargaining unit it equates to approximately 11 over the two years for that contract that also represents the inclusion of retiree health the elimination of one step so that officers get to the top paying step uh one year quicker and it also includes a pilot program related to overtime for lieutenants and captains with that i'll take any questions that council may have questions to staff seeing none motion is in order here i'm sorry mayor pretend bergen uh motion to approve 18 a moved by council moved by mayor pretend bergen seconded by the second by council member medina to approve number 18a discussion uh seeing another question before is the adoption of item number 18 a call for the question mayor kaufman mayweather the motion passes to approve item 18. right now please read the title title number 18 b item 18 b is consideration to approve an agreement between the city of aurora colorado and the international association of firefighters for the years 2023 2024 brief presentation my staff good evening mayor council jason batchelor again uh this is the collective bargaining agreement with the international association of firefighters local 1290 the recognized bargaining unit for firefighters they represent the ranks of firefighter iv through captain and this contract also is a two-year contract covering the years 2023 and 2024 it also represents a significant increase in pay for our firefighters also again approximately 11 percent over the two years of the contract and also includes an increase in pay for paramedic certification and includes some updates to the grievance process at the request of the city if members of the bargaining unit have questions we're starting matt lower in the chain of command before it gets to the fire chief with that i can take any questions that council may have questions to staff saying none a motion is in order mayor motion to approve 18b will buy councilmember gardner second by third county second by mayor pretend bergen to approve item number 19b discussion sitting now the question before says the adoption of item number 18 b call for the question mayor kaufman river chess councilmember thank you the motion passes to approve item 18b uh reports [Music] failed two town hall meetings at the martin luther king library last saturday uh um the first one was in english the second one was in spanish um let's see councilmember lawson thank you mayor i have a federal state and intergovernmental relations committee report the state's interim committees are meeting now and we're watching for any potential impacts to the city for next year later this month we will begin reaching out to departments for their state and federal legislative priorities to begin planning for next year our ear earmarked requests are still moving through the process the house bill is expected to move next week and both of our projects for aurora water and the mlk library are included our senators have submitted both projects as well to the senate appropriations committee but that committee has not yet begun marking up their bill the senate has not shared a firm timeline but is expected they will begin their work next week and that's all i have to report mayor all right councilman gardner no report council member jorinsky yeah i would just like to uh first say that our fire chief chief gray his last day of service with the city of aurora is this friday and we certainly wish him well and thank him for his service um and on to his next venture and then i would like to remind everybody that this saturday is the first responders event for aurora and we are honoring police fire and aurora 911 dispatchers it's from noon to four right here at the amc on the great lawn and this is a family-friendly kiddo event so bring your kids bring your whole family and come out councilmember zavonik thank you mayor this past week i had a chance to join the mayor with a group of business owners along the havana business improvement district to talk about crime that they're facing in their businesses specifically retail theft there is no question that that retail theft is impacting businesses of all sides across our city and i will begin working with my colleagues on the public safety committee as well as leadership in the royal police department to be bring to bring forward a plan to address retail theft as it continues to create just a huge challenge for far too many businesses across our city councilman mario thanks mayor um i just a reminder for everyone my july town hall is canceled so i hope you take that time to enjoy the rest of your summer break for those who are on break and then just another reminder that the 7 20 aurora theater shooting memorial is coming up next week we heard from the ceo of the 720 memorial last council meeting and she's she's amazing she does a really great job of organizing the event and it starts on the 19th um the evening before and there's you know it's just full of meaning um in this community so if you all have an opportunity to go to that um and just be in community and in the 10th year anniversary of of that tragedy there's also a number of other events that are happening um they'll be on the saturday there'll be a 5k race reflection ceremony and community event um that i believe many of us will be in attendance one specifically um well i think all of them will be around the aurora campus municipal center campus so just be on the lookout if you're looking for a space to celebrate to reflect to heal be in community i highly encourage you to join those events and then i was just reminded that i need to renew my membership for the aurora chapter of the naacp so if you guys are members or want to learn more about the work that they do to advance equity and civil rights in aurora please feel free to reach out that's all thank you councilmember sunberg thank you sir a lot of fun innovative things continue to happen in ward 2. uh a minor league baseball team has expressed some interest in being out there but i'm not at liberty to give you much information on that meeting with elon musk's boring company to learn about the technology of creating tunnels which could be south of dia i have a two topic ward 2 meeting july 21st co-hosted by danielle jorinski councilwoman two topics include the financial state of our fine city by greg hayes who's always a great presenter and where is the shopping in ward 2 we're going to hear some whys and why nots on that topic as well as certain reasons why it's held up like mile high flood district acting at a glacier's pace i'm not sure who serves on that board but that's what's going on thank you very much councilmember medina no report councilman mcconnell thank you mayor uh first i want to let you all know that the third family sleep oh my videos went up apologies there we go i want to let y'all know that the third family safety check uh should be happening this coming saturday from 11 a.m to 3 p.m at 2888 south heather gardens way so this is a program that i helped craft with our community relations division with apd this is where you can go to get steering wheel locks car seat installations drug disposal bags and other things of that nature to provide material support to our families and these are all being hosted in areas that have been a high target for motor vehicle thefts so please uh you know attend this get some food drinks get to meet some of our officers uh there are activities for the kids as well and most importantly get your cars secure our next ward 4 meeting is going to be this thursday the 14th at 6 30 pm at colorado early colleges and our speaker is going to be chief oates so this should be a really really informative meeting and i hope to see you all there have a great day rest of your week councilman combs thank you mayor my town for this month is july 19th at the central rec center and it will be a hybrid meeting so you can also join virtually we will be talking about broadband infrastructure and services and the uh opportunities available in the bipartisan infrastructure law for um infrastructure in the city um and then for dr cox we had a board work session this last week discussed the impact of the greenhouse gas uh legislative state level greenhouse gas reduction requirements which will likely be impacting some of our projects and i will have some more updates after meeting with staff um so and finally i just wanted to highlight that this is the sec time that we have passed an ordinance without a fiscal impact out of a sense of vengeance um and last time we did that the estimated cost is around 2.5 million dollars a year plus additional front so i guess we will find out how much it's going to cost us to not understand what we're passing and how much it will go thank you mayor we had e-470 roadway committee last week and we were reviewing the road widening project from i-70 to 56th avenue costs have escalated of course with supply chain issues and inflation and also reviewed the central maintenance facility same thing i think it costs went up from 26 million dollar cost for the project up to 36 million dollars so that was pretty significant my town hall is on wednesday july 20th from 6 to 8 o'clock at capstick which is the public safety training facility topics will be the budget and then i'm also having a guest presentation from americorps so if you have kids that might want to join americorps it's a great program come learn about it and then i do my general updates and just this is for councilmember sundberg the shopping is in ward 6. [Music] meeting adjourned [Laughter] [Music] [Music] [Laughter] [Music] [Music] [Music] [Music] [Music] [Music] [Music] you