Aurora City Council Meeting for Monday, Oct. 11, 2021
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do do [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] b [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] do [Music] uh the regular meeting of is everybody on katie uh i think we are transferring some people from attendees to panelists just one minute okay okay so let's go hey okay what's that what's that kitty i'm sorry mayor i think we have all council members allison hiltz cannot connect to the audio so she's logging out and back in okay and i've got i still got the same problem with the uh individual that was working on my computer with having his name up on there okay i'm just waiting for katie to tell me that she's in position okay okay um announcement for the public call online okay very good can you hear me yes all right the city council welcomes feedback from residents at council meetings on both matters appearing on the agenda enduring public invited to be heard for those watching on channel 8 please call 855-695-3475 and when connected press star 3 to get in the queue to speak and don't forget the star 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 until the operator comes on to take down your name and the agenda item you wish to speak on residents who would like to speak for public invited to be heard or on a specific agenda item and have not already been screened please press star 3 to sign up before the item is called by the clerk if you've already spoken to the operator you do not need to press star 3 again followers who did not sign up for public invited to be heard prior to it being called by the clerk may still press star 3 to sign up to speak on non-non-agenda items at the end of the meeting as a reminder we will not allow comments about any items on the agenda during public invited to be heard do we have a spanish language version of [Music] do we have council members gruber and councilmember versions with us i'm on i'm on okay very well um uh the meeting for uh monday october 11 2021 the regular meeting of the aurora city council is called the order with the clerk please call the roll mayor kaufman yeah mayor pro tim bergen here council member berzins here councilmember coombs president council member gardner yes here councilmember gruber here council member hilts here councilmember marcano president councilmember lawson here council member mario there is a quorum please join me um in an invocation um oh lord our god and our father we come to you and we ask that you would look upon this particular gathering tonight to keep us safe and guide us in all our decisions bless our city with honorable citizens industry sound education and good government uh unite our community together even though we come from different backgrounds we pray that there be justice and peace in our city give the city council and citizens the wisdom direction and sensitivity to the business and proceedings before us tonight hear us therefore as we commit uh this meeting to the help of the community amen uh please join me in the pledge of allegiance [Music] um executive session update uh we um during executive session we had legal advice illegal advice and discussed a property transaction um approval of the minutes um for september 27 2021 um motion may have been approved removed by councilmember gruber seconded by berkin i'm here for dembergen to um uh to approve uh the minutes of the september 27th 2021 discussion uh the clerk please follow the rule on the approval of the minutes for september 27 2021. mr kaufman yes sorry yes yes councilmember marcano yes council member berzins yes councilmember hiltz yes councilmember coombs yes councilmember gardner yes councilmember mario yes councilmember gruber yes yes the motion passes to approve the september 27th meeting minutes so we have two proclamations tonight the first is white cane awareness day whereas the white cane which every blind person has the right to carry demonstrates and symbolizes the ability of blind people to achieve a full and independent life their ability to travel independently and their capacity to work productively in competitive employment and whereas colorado law calls upon employers both public and private to be aware of and utilize the employment skills of our blind citizens by recognizing their worth as individuals and their productive capacities and whereas the state of colorado and the city of aurora through their public agencies and with the cooperative assistance of the national federation of the blind of colorado and its local chapters can facilitate the expansion of employ employment opportunities for the greater acceptance of blind persons in the competitive labor market and whereas this year the national federation of the blind of colorado and its local chapters worked cooperatively and with the broader disability community and the colorado general assembly to improve voting opportunities and digital access for colorado citizens with disabilities now therefore i'm mike hoffman may or the city of aurora do hereby proclaim october 15 2021 as white cane awareness day and encourage aurora citizens to be aware of the white cane law to recognize that persons who are blind or visually impaired travel independently on our public streets roads and at places of public accommodation using their white canes or dog guides to be aware that persons with disabilities have much to offer and that their energy creativity and hard work can greatly strengthen our city and our economy and to recognize that the white cane is a symbol of independence and an instrument of safety for persons who are blind or visually impaired any witnesses are aware of i have hearing to set my hand and cause the seal of the city of aurora colorado to be fixed this first day of october 2021 my coffin mayor colorado the second uh practical proclamation is hanbok today uh whereas the city of aurora is an international community that measures our diverse uh population from all corners of the world and whereas the city of aurora recognizes the professional and cultural contributions made by korean american business business owners and residents in the city who have helped our communities diversity become richer in pride and heritage and whereas nearly two million korean americans call the united states their home and in the city of aurora colorado our korean-american community is a large and vibrant one and whereas in 1996 the republic of korea declared october 21 as a hanbok day and this year marks the 25th anniversary of handmark day and whereas the hanbok is the traditional attire of the korean people and its origin and its origin can be traced back to the three kingdoms period 57 bc to 668 a.d and whereas the hambach consisting of three main components a um oh geogori which is jacket obagi trousers and chima shirt was designed to facilitate the ease of movement and represent beauty and whereas the handmark is representative of the important ancient korean traditions that benefit all of society by demonstrating beauty stability and respect of our ancestors now therefore i'm mike hoffman mayor of the city of aurora you hear the bible claim october 21 october 21 2021 as handbag day a witness where of i have hearing to set my hand and cause the seal of the city of colorado to get fixed this 11th day of october 2021 my closet mayor colorado um is public invited to be heard we have one caller arnie schultz arnie your three minutes begins now mayor kaufman members of city council and most importantly the voters in aurora my name is arnie schultz and i have lived in aurora since 1975. i have been following city elections and also have been involved in most of them for about 40 years i am sad to say that this is the ugliest election season i have ever seen in this city i think it evolved to be what it is since the mayor raised over a half million dollars for his election two years ago now we have the slate of candidates he is supporting collectively raising 450 000 from a group calling themselves aurorans for a safe and prosperous future which is funded by the koch brothers among other things they're using that money to send out false mail fancy mailers with false information about their opponents they are also posting false information on their facebook pages regarding their opponents including one candidate who is not part of their slate but who also happens to be a member of their same political party yard signs are not supposed to be touched by other anyone other than those putting them up or the property owners it is unlawful by ordinance somehow the signs of the candidates i am supporting are being removed and replaced by their opponent signs there have always been games played with yard signs but not to the extent it is happening this year they are literally being stolen which is a crime i am supporting crystal murillo for re-election to ward one brian lindstrom for ward 2 reuben medina for ward 3 and john ronquillo for at large they're playing by the rule they also care more about ordinary people and people over profit than they do about themselves corporations and developers which was what their opponents of power apparently stand for this is the most important election in the city's history and will determine whether or not aurora city council represents everyone in the city including its marginalized communities or just the wealthy so please vote for crystal morillo for re-election to ward 1 ryan lindstrom for ward 2 reuben medina for ward 3 and john ron quiller for at large transparency question of the city attorney yeah is that i mean can people in the column line essentially during practical election uh give basically a campaign message or against a candidate or issue and we do not have prohibitions currently on okay public invited to be heard okay thank you there you go trying to ruin things very good uh consent calendar adoption of the uh is there any uh are there any uh more individuals on public invite to be heard mayor uh are there any more individuals on public invited to be heard [Music] uh you interrupted that individual so i just i don't know if we have any rules against interrupting public invited to be heard i just wanted to address that point of order thank you adoption of the consent calendar item number 10a through 10d motion mayor person councilmembers thank you move to approve 10 a through 10 d mayor i'm sorry we we did not do the adoption of the agenda i don't believe well i'm sorry okay um you need a motion uh on the adduction of the agenda right there all right councilman remember my column thank you sir uh so moved and i also wanted to pull tennessee okay um on the consent calendar yes sir well i don't okay okay boy wait for that uh let's do the adoption of the endeavor first a motion for uh councilmember o'connor you want to move the agenda yes sir uh give me a second here bye guys one second to remove my council member econo second right customer raccoons um discussion on the adoption of the agenda uh seeing none uh um with the clerk please call the role on the adoption of the agenda mayor kaufman yes councilmember marcano yes councilmember gruber yes council member gardner yes councilmember lawson yes councilmember coombs yes councilmember burzins yes mayor protembergen yes councilmember hiltz yes councilmember mario yes the emotion passes to approve the agenda an emotional adoption they on the consonant calendar item 10a through 10d mayor i'll revise my original consent move to approve 10 a b and d uh it's been moved by castlevania versions uh to approve item number 10a 10b and 10d um is the second group uh discussion by seeing none uh the question before us is the adoption of the consent calendar item 10a 10b and 10d but look please call the rule mayor kaufman yes councilmember hiltz yes councilmember marcano yes councilmember mario yes mayor pro-tem bergen yes councilmember lawson yes councilmember berzins yes council member gardner yes councilmember gruber yes councilmember coombs yes the motion passes to prove items 10a and b and 10d clearly now please read the title to item number 10c item 10c is consideration toward a competitively bid contract to rapid restoration and construction and the not to exceed amount of 110 734 dollars for the 1400 dallas art facility renovation project number 5846 a b brief presentation by staff um hello mayor this is phil nakbar with development services um i prepared the um item c which has been pulled for discussion um let's see well to provide a quick overview this is a renovation project for the 1400 dallas arts facility in the arts district and we we went through a process where we um did the project initially it was over budget and then we revised the scope of work and re-bid it and the bids came in at uh september 13th and they uh one bid was under the budget so we're proposing to award it but as background uh this project was put together um as a way to improve the facility uh to support local artists merging artists and the building was in disrepair uh and needed needed renovation um the the uh items that are being addressed in the building are in line with uh i guess you'd say the recommendations of an art space survey that was 29 done in 2019 and that survey called for specific types of arts uses in order to support local artists so our work on the building is designed around that to create larger communal spaces improved lighting improved access and separation of spaces basically to make the building more functional as an arts facility so the proposal in front of you is for a hundred and ten thousand dollars um and that includes roughly what i just described i'd be glad to answer any questions uh council may have um motion counseling um move to approve tenancy uh it's been moved by councilman mcconnell second bye councilmember mario to approve on number 10 c discussion uh councilman thank you sir and thank you phillip for that background uh the reason i pulled this is because i had a couple of more questions i was actually contacted by some of the i guess current tenants who wanted to know what the timeline for completion looks like and if the folks who are utilizing the space prior will be able to return or if there's going to be a neo-selection process yes councilman mercado so i we have been in touch with the current tenants and tried to update them as to the the timeline and the answer to your question is yes all of the previous tenants that are now no longer in the building are invited to return to the building unfortunately our time frame is extended now because we had to rebid the project so we anticipate the project uh being completed and ready for um occupancy uh we think about the first week in january maybe earlier but i have let the let all the existing tenants know what's going on with the project all right thank you so much for that update further discussion come here all right councilman thank you um yeah when i was first um made aware of the the changes um i remember one of the first questions i asked was kind of the concept of the right of first return um and having that been the case even before we got to this point where we're bidding out contracts and i'm glad to hear that that still remains the case the other part was um a conversation we had in trying to help the current tenants find alternative locations there is a a radio station uh ethiopian radio station that was operating out of there given the turmoil that's happening in ethiopia and needing to and wanting to support um media in different languages that you would find in ethiopia was a particular concern of mine um do you have a status of where that particular business was able to relocate and if we were you know a radio station seems less mobile than maybe some of the other tenants that were yeah yeah uh uh council council person maria yes i have had conversations with um his name is indoli geragoon about his business and i you know we had a i talked to him about if there was a way we could assist him and it turned out that uh basically he he decided to move his operation to his house temporarily or his apartment temporarily um and what we did do is we helped we we kind of facilitated his access to a grant fund or a grant award that he got through the northwest arts grant program and basically his response was that he was that would help him uh you know set up his um you know radio station at home in the interim until they could move back into the facility so we did what we could and i think i think he was satisfied with that um way of dealing with it okay um and we know do we know if those dollars were actually expended because i think he it was like a six month lag time between when he was notified of that award and um the the last time i had a chance to connect with him but it's been a little frustrating to track this while our division actually provides um the funds we don't um we don't administer cultural services did so i did contact cultural services and i asked them to make sure that they followed through with the response now i don't know where it ended up but i have been in touch with indoli and he's aware of the time frame and we've exchanged some communication since then so let's follow up after this thank you okay question okay further discussion item number 10c yes mayor uh remember him uh so on the grant for um mr andale is this a different grant than the grant he was given a few years back for the radio station um yes he's he's applied for several grants that i'm aware through the northwest aurora grant program administered by cultural services and he received a grant i guess in 20 2020 for the 2021 year so he did receive a grant i don't recall the amount of it but he also received one he also received one i think in 20 i want to say 8 17 or 18. yes i believe i believe he did so this is for a different purpose well a lot of our arts groups apply you know every year for a grant for various purposes and many of them get awarded more than one year you know for more than one time and he's an example of that so he you know the way i see he's is he has the resources now to set up his operation um you know and move back into the facility uh and he's aware of our time frame so i i believe that he's in good shape now to move back into the building and operate um until he's able to do that okay thank you yeah further discussion on item number 10c saying none the question before this is the adoption of item number 10 street click please call the wall mayor kaufman yes councilmember gardner yes councilmember mercano yes councilmember gruber councilmember mario yes councilmember hiltz yes councilmember berzins yes mayor pertin bergen yes councilmember lawson yes councilmember crumbs yes the motion passes to approve item 10c the time is now 708 we will take a five minute break to 7 13 to give staff the time to do an announcement for the public call online the council stands and recess residents who would like to speak on a resolution or ordinance and have not already been screened please press star 3 before the item is called by the clerk for those watching on channel 8 please call 855 to be connected and then press star 3. the council is taking a short break to allow for any additional speakers to sign up again please be patient and stay on the line until the operator can take down your information as long as you've heard the prompt after pressing star three and can still hear either music cold or the meeting in progress you are in line to speak to an operator [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] the regular meeting of the aurora city council for monday october 11 2021 is now back in session uh clerk please read the title to item number 11a item 11a is resolution 2021 102 a resolution of the city council just city of aurora colorado approving the district sell of a parcel of land containing approximately 1.1202 acres to the south metro wise authority and there is no line for public comment uh motion mayor dave gruber customer move to approve 11a general light council member gruber second invite a discussion i'm sorry a brief presentation by staff here good evening honorable mayor and esteemed members of the council my name is hector reynoso and i am the manager of the rural property services division of the public works department for the city of aurora the city entered into a water delivery agreement for the water infrastructure and supply efficiency or wise partnership is part of that partnership or i guess the partnership is between south metro water supply authority for simschwa denver water and aurora water it includes installation of infrastructure located located on the bennie water purification facility site the structures are currently under construction and will meet the objectives of the water delivery agreement in october of 2020 in october of 2020 sims law contacted xcel energy for design of a meter and electrical supply the sims was infrastructure due to the fact that the entire property is owned by the city xcel energy indicated that they were unable to provide primary service to simschwa and that rural water would have to provide the sub meter power supply well the issue with that is that operating under this scenario would mean this the demand side cost escalations would be out of the rural waters control and dependent upon the use of sims walls pump station the operation of simpson's pump station could create a long-term negative cost impact for rural water due to rate structuring for electrical demand in addition aurora water would be responsible for tracking and invoicing the power supply to sim swap the proposed action representatives from sims wall excel energy and the city met several times to develop a solution for sims water have their own primary service the solution is to convey simple title to a parcel containing approximately 1.12 acres of land identified in exhibit a we would convey the property via bargain and sale deed as identified on exhibit b of your council packet the conveyance will be subject to a use and transfer restriction and a reversionary interest the use restriction will limit the use to a water filtration plant the transfer restriction will require prior written approval of the city in order for sims water transfer title to the land and the reversionary interest would ensure that if the property ever ceased to be used for a water filtration plant or was transferred without city approval then the property would revert back to the city so the question for council does city council approve the conveyance of a parcel of land containing approximately one point one two zero two acres by the city of aurora to the south metro wise authority by bargaining sale the discussion i see no uh further discussion with the player please call the roll on the adoption of item number 11am councilmember gardner yes councilmember berzins yes council member bergen i'm a mayor to mayor pro timber yes council member yale councilmember marcano yes councilmember coombs yes councilmember lawson yes councilmember gruber yes councilmember hilts yes the emotion passes to prove resolution 2021 102. oh we'll click now please read the title title number 11 item 11b is resolution 2021 103 a resolution of the city council of the city of aurora colorado approving the renaming of a portion of harvest road alignment and road alignment to aerotropolis parkway brief presentation by staff with emphasis on brief mayor motion no okay uh motion mayor motion to approve 11b as we know my councilmember ben uh that comes from our gardener to approve number 11b representation myself a brief presentation my staff is karen hannah is there staff they can comment 111b i'm sorry can you hear me now yes yes okay i'm sorry this was sponsored by councilmember gruber and i would definitely if you would like to describe this item mayor this road uh this uh resolution will name the road that goes between i-70 at the harvest interchange up to 48th and hopefully eventually up to jackson gap aerotropolis parkway this initiative to name the road was voted by the aerotropolis regional transportation authority and it passed unanimously so further discussion by saying no further discussion the question before says the adoption of number 11b with clerk please call the roll councilmember hilts yes yes councilmember burzens yes councilmember gruber yes councilmember crumbs yes council member gardner yes councilmember lawson yes councilmember mario yes the motion passes to approve resolution 2021 103. uh with the quote uh now please read the telethon number 11c item 11c is resolution 2021 104 a resolution of the city council of the city of aurora colorado expressing the royal city council's support of an intergovernmental agreement between the city of oro colorado acting by and through its utility enterprise in the urban drainage and flood control district dba mile high flood district regarding design and construction of drainage and flood control improvements for murphy creek at yale and jewel avenues motion mayor sorry councilman moved to approve 11 c moved by councilman cloone's second reminder bergen uh manfred bergen uh to approve it number 11c representation by staff good evening council and uh mr mayor my name is sovinoranda and i'm the planning services manager in uh engineering aurora water engineering this item that you have before you covers two projects one is the design and construction of uh improvements to the mainstream of the murphy creek of murphy creek and uh the costs for this are borne by uh the district and the city on a 50 share basis so total cost is 600 000 and the city will contribute 300 and the district 300. the second part of this uh item is the tributary what's happening right now is that stormwater in the tributary to murphy creek overflows into the reuse pond at maverick creek and that's a violation according to uh cd phe storm water and reused water reclaimed water are not supposed to mix so um that part of uh the design and construction will be borne by the city but in this case uh the district is serving as a staff extension to the city so that costs 2 million and this iga will transfer the monies to to the district to conduct this work on on our behalf so the question is uh does council support this uh resolution discussion further discussion i see no further discussion the question before says the adoption of item number eleven c with clerk please call the roll how's the very good player yes council member marcano yes council member coombs yes council member maria yes councilmember gardner yes councilmember hiltz yes councilmember versus yes councilmember lawson and mayor president bergen yes and i just want to say we're having trouble with the escribe voting system yes thank you mayor parton i saw your error message i appreciate that um the motion passes to approve resolution 2021 104. clerk now please read the title title item 11d is resolution 2021 105. a resolution of the city council of the city of war colorado expressing the aurora city council's support of an intergovernmental agreement between the city of aurora colorado acting by and through its utility enterprise in the urban drainage and flood control district dba mile high flood district regarding the city of aurora storm drainage and technical criteria manual promotion mayor all right councilor goes move to approve 11d this is removed by councilman recruit second environment brief presentation by staff good evening mayor and members of council my name is craig pearl and i'm a senior engineer in the public works department aurora storm drainage design and technic criteria set forth the minimum engineering and technical standards for the analysis and design of drainage systems for both city and developer initiative projects the criteria were last updated in october of 2010 engineering practices and regulations have changed considerably in the past decades so they are due for an update the intergovernmental agreements before you proposes a cooperative effort to update the criteria with the mile high flood district who offers technical and project management expertise and will pay for half of the estimated not to exceed cost of 160 000 aurora will retain the ultimate authority in forming our criteria should any disagreements arise the remaining 80 000 cost will be split evenly between aurora water and public works so staff respectively requests that the council approve the iga with the mile high flood district and stand ready to answer any questions you may have discussion uh seeing no discussion the question is the adoption of item number 11 d uh will the clerk please call the roll marielle yes councilmember marcano yes councilmember hill yes councilmember lawson yes councilmember gruber yes mayor pro-tem bergen yes councilmember berzins yes councilmember gardner yes and councilmember coombs yes the motion passes to approve resolution 2021 105. well now please read the title title number 11 e item 11e is resolution 2021-106 a resolution of the city council of the city of aurora colorado approving the intergovernmental agreement by and among board of water works of pueblo colorado city of aurora southeastern colorado water activity enterprise city of fountain city of colorado springs and pueblo west metropolitan district motion dave gruber councilman move to approve eleven e spoon moved by councilmember uber second buy bergen second by mayor pretend one mayor pretend uh excuse me uh discussion i'm sorry presentation my staff good evening for the record my name is alexandra davis i'm the deputy director for water resources in the aurora water department this item is to pass a resolution to approve the acquisition of land on which to build a storage reservoir to recapture yields that was foregone by the city of aurora and its other partners florida springs southeastern city of pueblo city of fountain and pueblo board of waterworks to accomplish the six parties agreement that was laid out in study session so this land will allow us to recapture part of that foregone yield but not all of it so it is an important first step towards building a reservoir to recapture water right that the city is entitled to and bring them back to the city i'll leave it there and ask for any questions or more detail if you would like discussion or questions of staff seeing none of the questions before says the adoption of number 11e with clerk please call the roll council member coombs yes that's the number mario yes mayor pro-tem bergen yes yes council member gruber yes councilmember hiltz yes councilmember berzins yes councilmember gardner yes and councilmember marcano yes the motion passes to approve resolution 2021 106. is resolution 2021-107 a resolution of the city council of the city of aurora colorado expressing the royal city council's approved support of the intergovernmental agreement between the city of aurora colorado the board of county commissioners of the county of arapaho and the town of parker colorado for the operations and maintenance of the high plains trail motion mayor i'm sorry customer hills uh motion to approve 11 f it's removed by council member hill second and by second uh second by uh may uh remember tim bergen to approve item number 11f a brief presentation by staff good evening mayor and city council i am pat shuler manager of the open space and natural resources division this iga is between aurora repo county and the town of parker it sets out the responsibilities of each jurisdiction for the day-to-day and long-term maintenance of the planned next segment of the high plains trail to be built between e-470 and parker road does city council approve this resolute resolution for this item or could i answer any questions uh motion i'm sorry we did the motion uh discussion or is the staff assuming none the question before says the adoption of item number 11 for the clerk please call the world councilmember lawson yes mayor protembergen yes councilmember mario yes councilmember gruber yes councilmember coombs yes councilmember marcano yes councilmember gardner yes councilmember hills yes member bersins yes the motion passes to approve resolution 2021 107. okay now please read the title time number 11g item 11g is resolution 2021 101 108 a resolution of the city council of the city of aurora colorado for affirming the designation of wells fargo bank as the city's depository and authorizing the renewal of an agreement for various banking services there with motion versions all right council member viruses thank you move to approve 11g it's been moved by councilmembers in the second by partner [Music] brief presentation by staff good evening mayor and members of the city council i'm teresa sedna city treasurer with this resolution resolution we are requesting council's approval of an extension to the city's contract with wells fargo for various banking services this item was presented at mnf study session in detail prior to tonight's meeting in making the recommendation staff considered cost of services the earnings credit rate and financial strength of the bank all of which favored wells fargo versus its competitors i am happy to address any questions or concerns council may have in this regard for discussion um sitting down the question before is the adoption of 11g with the court please call the rule councilmember gardner yes councilmember mario yes councilmember hilts yes mayor pro-tem bergen council member combs yes council member mercano yes councilmember lawson yes councilmember berzins yes and councilmember gruber yes yes the motion passes to approve resolution 2021 108. item 11a is resolution 2021 109 a resolution of the city council of the city of aurora colorado expressing the aurora city council's approval of the intergovernmental agreement with the counties of arapaho and douglas the city and county of denver the city and county of denver acting by and through its board of water commissioners the colorado cities aurora littleton cherry hills village and greenwood village the south suburban park and recreation district the southeast metro storm water authority the highlands ranch metropolitan district the mile high flood district and the high line canal conservancy motion mayor that's where it goes move to approve it's removed by customer mccool seconded by them do you the councilmember uh discussion please call the role on the adoption of item number 11 h councilmember berzins yes councilmember gardner yes council member mario councilmember lawson yes councilmember bergen mayor pro-tem perkin councilmember coombs yes councilmember gruber yes councilmember marcano yes council member hilts yes the motion passes to approve resolution 2021 109. now please reach out to item number 11 is resolution 2021-110 a resolution of the city council of the city of aurora colorado approving an agreement between the city of aurora colorado and majestic commerce center 2 llc a delaware limited liability company regarding bridge construction cost and reimbursement straight move by councilmember gruber secretary bye all right council remember connor to approve on the number 11 i uh brief presentation by staff good afternoon commander and members of council victor rochelle deputy director of public works um further consideration this afternoon is the reimbursement agreement for construction of a bridge for piccadilly road over first creek this is in conjunction with a majestic commerce center located in the northwest corner of 26th avenue and 470. parts of majestic commerce center west of piccadilly were annexed into the city in the 1970s including some obligations for the city for this construction in early 2019 property east of piccadilly modesto commerce center were annexed into the city following that in december of 2019 city council approved the vested investing developer agreement also known as the bda that agreement identified this obligation and the city's maximum contribution per the attached reimbursement agreement i'm happy to answer any questions um discussion questions to staff seeing none with clerk please call the role on the adoption of item number 11i council member coons yes mayor protein bergen yes council member hills yes councilmember mercano yes councilmember gardner yes councilmember gruber yes councilmember berzins yes councilmember mario yes and councilmember lawson yes the motion passes to approve resolution 2021 110. well nicoley now please read the title to item number 11 j item 11j is resolution 2021 111 a resolution of the city council of the city of aurora colorado approving an agreement between the city of aurora colorado and majestic commerce center 2 llc a delaware limited liability company regarding roadway construction and cost reimbursement promotion mayor dave cooper uh councilman move to approve 11j removed by council member secondary uh mayor pretend bergen to approve number 11 j uh brief presentation by staff thank you again mayor and members of council so this item is for the construction of pickville road from 26th avenue north to 38th avenue again this was identified in the annexations in the 1970s and then updated in the vda approved by council in 2019 identifying the maximum contribution by the city for the improvement i'm happy to answer any questions questions of staff for discussion a scene on the question before says the adoption of item number 11j with the clerk please call the world health gardener yes councilmember marcano yes husband roberson yes mayor protein bergen councilmember gruber yes councilmember coombs yes councilmember hiltz yes councilmember lawson yes councilmember meadow yes the motion passes to approve resolution 2021 111 times now 7 40 pm uh council will stand in recess until 7 45 to give staff um adequate time to do an announcement for the calling line thousand is now the stairs and recess presidents who would like to speak on an ordinance and have not already been screened please press star 3 before the item is called by the clerk for those watching on channel 8 please call 855-695-3475 to be connected and then press star 3. council is taking a short five-minute break to allow for any speakers to sign up again please be patient down the line until the operator can take down your information as long as you heard the prompt after pressing star three and can still hear either music hold or the meeting in progress you are in line to speak to an operator [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] the time is now 7 46 the regular meeting for the awards city council for monday october 11 2021 is now back in session um i've been informed by the wire clerk that we can combine um uh items for purposes of public hearing bear that's going to be for 17 17 items okay oh i'm sorry i stayed with it 2021 woody public hearing in consideration for an ordinance of the city council of the city of aurora colorado amending the 2019 comprehensive plan to change the place type map from emerging neighborhood to urban district for the area bounded by lisbon street to the west 65th avenue to the south piccadilly road to the east and e-470 to the north high point at dia comprehensive plan amendment got a motion here now uh councilman mcconnell thank you sir move to approve 12a move by councilman mcconnell second by partner second second by council member garner to approve item number 12 a brief presentation by staff good evening council members my name is sarah weil i'm a senior planner in the planning and development services department um i do have a powerpoint presentation if you'd like me to share that um or i can just uh just briefly go through it please okay um before you tonight is a city-initiated comprehensive plan amendment to change an 85-acre parcel from the emerging neighborhood place type to the urban district place type within the high point at dia master plan the site is bounded by lisbon street to the west 65th avenue to the north piccadilly road to the east and e-470 to the north it's located north of painted prairie and east of gaylord rockies for reference the purpose of this amendment is to ensure that the aurora places place site map is consistent with the approved master plan for this area the existing place type is the emerging neighborhood designation um and the proposed place type is the urban dish place type designation which it's currently surrounded by on all sides and so will bring consistency to the place type map within this area this is the property owner supportive of the requested change in the planning and zoning commission unanimously recommended approval of the item at the public hearing on september 22nd 2021 uh questions to staff for discussion assuming none the question before says the adoption of uh 12 a with colloquius called the role council member marcano yes mayor pro-tem bergen yes councilmember burzins yes councilmember gruber yes council member combs yes yes remember hilts yes council member lawson yes councilmember gardner yes and councilmember mario yes the motion passes to approve ordinance 20 21 40. now please read the title title number 14a item 14 a's or notes 20 21 41 an ordinance of the city council of the city of aurora colorado amending sections 134 38 of the city code pertaining to impoundment of vehicles motion my mail for tim burton to approve on number 14 a uh representation by staff good evening i'm colleen d'alina we are requesting the adoption of slight language change tour municipal 134 38 the empowerment of vehicles uh we would like to add information regarding which circumstances the aurora police department will consider fee reimbursement i.e exceptional circumstances illegal toes or a favorable judgment by the aurora municipal court impound hearing judge we also request the requirement of written notice from within 24 hours from the time of impoundment be changed to close of business day the following day from date of empowerment thank you any questions questions of staff for discussion saying none the question before us is the adoption of item number 14 a with clark please call the wall council member gruber yes councilmember coombs yes councilmember lawson yes councilmember mario yes councilmember hilts yes mayor pro-tem bergen yes councilmember gardner yes councilmember mercado yes councilmember berzins yes the motion passes to approve ordinance 20 21 41. well clerk now please read the title number 15a item 15 a is finalizing ordinance 20 21 38 an ordinance of the city council of the city of aurora colorado rezoning two separate parcels of bloom 17.763 acres more or less at the northeast corner of south airport boulevard in east alameda parkway from industrial district i2 to mixed-use transit-oriented development district m-u-t-o-d and amending the zoning map accordingly flat second get gateway park motion [Music] uh brief presentation by staff good evening this is whoops this is debbie bickmeyer senior planner in the planning development planning and development services department um the applicant pulse corporation is requesting to rezone two lots consisting of approximately 17.6 acres from industrial district to mixed use transportation oriented development edge district the proposed rezone is consistent with the aurora place's comprehensive plan commercial hub place type the request rezoned to tod edge is to support the vision of the gateway park east station area plan and to promote tod development around the light rail station the planning and zoning commission voted unanimously at a public hearing on august 11 to recommend approval of the proposed rezone to city council staff finds the proposed rezone meets the approval criteria in udo section 146-5.4.1 c and is consistent with the aurora places comprehensive plan that completes my presentation um questions of staff or discussion on art number 16 mayor uh council man for tim burton uh yes the question for our um city attorney dan money is he available yes um thank you um so just as was just stated the staff approved the criteria for the rezoning um can a council member deny a rezoning if the applicant meets the criteria council member can either approve or deny the rezone if it meets or does not meet the criteria and code on rezoning so what we would suggest is if rezone is approved it is uh approved by the approving uh body meaning the council if it meets the criteria and code that was that's listed in your packet um and then if it's denied it's denied off the elements of code as it's listed in your packet and it could go by i have a follow-up question to that so if if they if they have met the criteria and it's denied can the applica excuse me can the applicant sue the city the applicant actually the applicant or any affected party can always sue the city the most common type of lawsuit would be what's called a rule 106 hearing and that is stating that we did not follow procedure in either approving or denying so that's the most common there are other other forms of lawsuits obviously you've all heard of takings lawsuits 1983 lawsuits and so forth for any type of constitutional violation but the most common in any of these is is the 106 that the government acted arbitrary capricious and then i did not follow procedure and that procedure is what would be is listed in code okay and then if so if someone um is going to not vote for the rezoning um even though it meets the criteria do they need to state publicly why they are against it always it always assists the city to have a record made so the more of a record made of why something is either approved or why something is denied um assist the city if the city were to get in the lawsuit okay thank you you bet further uh discussion or questions to staff mayor dave gruber that's our group dan if i could just go a little bit deeper on that so um we've been briefed council has been briefed before that we have two roles a political role and a judicial role and under the judicial role it's our job to identify and to demonstrate that the rules of the city have been followed in accordance to law and and to make that determination so um first off is that is that statement that i just made correct and uh secondly are we in the judicial role here and that that is a fair statement um you are in what's called a quasi-judicial rules and quasi-judicial means that you act as fact-finders um similar to what a judge in a court case you hear what would be the testimony which would be the presentation and then you decide the fact you decide off of what your uh what you hear um and that that the first public hearing was obviously a few weeks back this is the third vote on it it did come back prior because of a absence on council so this is a second final reading but that is a fair assessment uh you do act as judges quadrijudicial means that it's a public hearing it affects land use which means it affects somebody who owns the land or the adjacent properties of people who own the land and so forth but you are the final determination of it okay and then just if i made mayor please follow up the um and what we've been told is that uh according to staff and according to our planning commission uh the applicant has met all of the standards of the law and now it's up for us to to validate one way or another is that correct staff and planning commission can make their recommendations it's a recommendation from planning commission it is a recommendation from staff so what staff stated is both staff and uh any commission feel like this met all the elements needed for a rezone uh you are the final deciding body though so it is up to um the city council as a whole thank you dan further uh discussion mayor uh councilmember calls um yeah so we actually are in violation of both the code and the charter by not having a council member in the ward two seat for one and for two this is actually located within ward two so this would be something that typically the ward 2 council member would have a say would advocate and would um discuss with their colleagues and we don't have someone in that role to do those things and so on those grounds i would move to continue this item until um the second meeting in december when we have a war two council members sworn in and able to get up to speed mayor uh um every time so the reason why we have a council of 10 plus the mayor and right now nine plus the mayor is that we can as a body make decisions on behalf of the city and what is best for the city the staff and the planning commission have already um given their opinion that it meets the criteria for a rezone and we do have four at-large council members uh that represent any that could represent basically any ward where there's someone missing there are times when someone is on vacation there are times when someone is out ill so that's not really a good reason to delay a decision on something like a rezoning and i have to say that this is just uh you know i know it's put the applicant in a really precarious situation um to have to wait for a new body elected body to to vote on on this when it's been again recommended by staff in the planning commission and the fact that we are supposed to be voting on this as whether it meets the criteria for rezoning not not anything to do with what's going to be in there in terms of a site plan so um i don't i don't think that holds water to delay it just because we're missing one council member i'm going to take this as a substitute amendment um further discussion on the uh coombs substitute amendment um mayor uh councilman so can i ask um either planning or the city attorney is that correct that a zoning decision that it doesn't matter what's going to be there as to whether or not we decide on zoning because it seems like zoning is actually quite a bit about what's going to be there i think i'll answer that this is debbie bickmeyer um the the zoning becomes the framework of what will be permitted on a particular site the subsequent site plan is what excuse me would determine the actual use and to clarify this the site plan in this case is not subsequent it's already decided and will be approved if we approve the reason it would be approved contingent upon council's decision that is correct uh further discussion yeah councilman gardner so we heard the same um i guess argument made during the um vacancy process for the ward 2 um spot but you know i just want to kind of reiterate what council member bergen said we have four at-large council members and the mayor that represent the whole city so it's it's frankly disingenuous to stay there without representation in fact um over the last weeks and couple of months um i've helped dozens of war two council members with various issues and you know specific to allowing a ward council member to weigh in on a project in their area um i think there's been several examples where um that the word council member in that area their opinion hasn't necessarily been taken into account so i guess this seems like a situation where maybe that's a convenient excuse but we aren't being consistent when we're using that further discussion let me just say i'm i'm fine with uh continuing uh this uh i don't subscribe to the argument that um necessarily that it has to wait uh until the the vacancy is filled but um i just think it's appropriate to to wait i think it's a good project uh i don't think there's a support there to move it forward right now uh and i believe that um uh that um that having that council c field could very well break the deadline further discussion uh mayor pretend um can we hear from the members that are not going to support the ordinance why they're not because why they're not supporting the rezoning that meets the criteria well i it's certainly up to any member to who wants to discuss his opinion their their view of this but thank you sir i just want to state that i've made that ass several times of our colleagues in the past and some have chosen to remain silent but i will respect that request because i do believe people deserve to know why we make the decisions that we do uh and frankly for me it's the developer actually reached out to us after our last vote on this and expressed interest in discussing the site plan uh more as well as the future developments there so i just want to state that what we said last time uh it seems to be holding up that council can influence these kinds of things uh in a way that actually benefits what we hear from our constituents so i've heard a tremendous amount about how unaffordable our city is folks are asking for affordable housing when we discussed this last time they we were told that affordable housing was never part of the discussion so now it is there's interest in it from the developer from the applicant so i'm excited to have that conversation and then move this forward with a full council hopefully with an affordable component to it mayor further discussion on the motion to continue mayor um so on on the request to continue it is it because um certain council members feel that they are going to be able to get the developer to do what they want to have what they want in it so it's a it's a negotiation versus voting on something that right now is criteria on a rezoning i mean you can have those discussions as they move along but it almost seems like it's a condition like oh we want to vote on it tonight because we want leverage with the developers so that we can basically tell the developer what we want in and that just doesn't seem ethical mayor uh councilman thank you sir i just want to point out several years ago there was a housing development out in east aurora and this came before council as a quasi-judicial issue i was sitting in the audience at the time but i do remember some of our former colleagues actually bringing up an ask of the developer there the developer's representative you know could we have affordable housing as part of this development i believe the ask was five percent the developer quickly agreed and said yeah absolutely we can make that work but council decided to override that ask and move forward without the affordable housing anyway so there's plenty of precedent for what we're asking for here um i don't think it's anything new at the time uh the city attorneys um i think i don't remember if it was uh mr brothman or if it was our previous attorney but he did not seem to raise a red flag about being able to do that since we are acting in a quasi-judicial role i don't think where any of us are taking issue with the qualifications for the rezone but we're acting also as elected officials representing our constituents and the needs that they express to us so it's not even you know what we would personally like to see it's what our constituents have asked for and what staff have already identified um is absolutely necessary in our city uh when councilman reclaims considered a friendly amendment to say that it'd be deferred it really needs a date certain uh would that be and that could be december 6 would that be appropriate mayor my only concern about december 6 is i believe that's the day that the new council gets sworn in um i i'm okay with saying december 6 but that does mean that the new council has to get up to speed before their first meeting this is a pretty substantial i think there are plenty of time for that and then there will be a representative from ward 2 um where this is going to be mayor is that a friendly amendment considered a friendly amendment yes mayor okay very well um i'm sorry um councilmember um said that he had a discussion with uh the developer on affordable housing um i believe he and others are aware that there is um affordable housing going into the development um there's the housing authority that actually um has approval for for affordable housing so why can't we vote on this tonight for the rezoning mayor project or mayor all right councilman um so to clarify my understanding is that this project itself will not include any affordable but that there's a nearby affordable rental project and that there's a potential nearby affordable for sale project and i think that those are things we absolutely should discuss um that we should discuss in more detail about where those are what is their proximity how much time does it actually take people to get to the light rail from there from wherever those sites are located i think those are all worthwhile questions that if the applicant is interested in answering them now i'd be happy to hear from the applicant as well but i do still think that we should defer to when we have that counselor so again can i ask the attorney dan money a question no please proceed do we do we require affordable housing when we make uh zoning decisions is that part of the criteria we cannot at this point require it so there's it's called the telluride decision of 2000 that the supreme court said that you can't force inclusionary housing into well affordable housing or low income however whatever the terminology is at the time to a developer but a developer can't agree to it so if the developer wants to agree to it the developer can't agree to it city can't force it however the current legislature did pass current legislation that kind of opened the door to inflationary housing but i believe it would be for cities to put that in their code so that developers know what's expected or what's required and right now we do not have a an inclusionary housing ordinance that we have passed that would allow that by law so right so i guess my point is again it's not part of the criteria so you all what i see happening is um is certain council members are are basically i'm i don't say blackmailing the the applicant but they're they're pressuring the applicant to do something when it's delayed down the road rather than vote on the criteria that stands before us today that meets all the criteria and affordable housing isn't part of the criteria i just i i don't understand why we can't vote on this tonight and you can have those discussions with the developer after you approve the rezoning and that that is quite acceptable and and if they're willing to do it that's great too i just i don't understand delaying this mayor please proceed uh customer recruits yeah so staff and the planning and zoning commission voted saying they believe this or have made the recommendation however we as a council do get to interpret the code as it's laid out and in 2a vendor the rezoning criteria that's in our backup it says the applicant has demonstrated that the proposed initial zoning or rezoning is consistent with the spirit and intent of the comprehensive plan with other policies and plans adopted by the city council and with the purpose statement of the proposed new zone districts and so if we look at the city's housing plan we could say that this isn't consistent with the housing plan because one of the things that we specifically talked about was affordability and tods in that plan and that's a plan that we adopted so we can say you know what that's not consistent now we can talk about the other plans for the area that the developer has that may be consistent but i still think we should wait on this until we have a full council which is the motion that's currently on the floor so the motion that's currently on the floor is the motion to um defer this until december 6th right to the coombs motion further discussion mayor dave gruber so i won't be here uh in december as you know i am retiring from council but i do believe this is extortion i mean the point is is that as we as we discussed we are in a judicial role now and that role requires us to look at the law to determine whether or not the law was applied and approve or disapprove based on attendance of the law the fact that there's a housing plan that has no reference to this dod site uh you know has has no bearing on this dod site is the general statement furthermore um there's there's other properties that this developer is bringing forward as was mentioned but in this case i think that it's important for the people to see and for any developers or anyone hoping to do business with aurora that we become business unfriendly we've become a city that cannot be trusted and a city that will extort uh requirements that aren't written anywhere uh on to new developments coming to the city i think we're doing great damage to our city i'm very sad to see this happen and i do hope that the new council can can work through these but again it's very very important that people vote based on the actions of this council further discussion yeah there's a chat message thing that the applicant would like to speak thank you um question for city attorney um just want to make sure that's appropriate so if it's being sorry if i i don't want to jump in to dan brotzman's role but um this is an agenda item and anybody can speak on agenda so this is not a public hearing this is a final reading but because anybody can speak on an agenda item for 30 minutes i i believe that uh and it's usually done prior to the item being called or being discussed but i would believe that somebody has three minutes to speak on this very well uh the applicant answering minutes please identify yourself hi good evening mr mayor and council this is mike sarah i'm the senior managing director for the pulse corporation um i reside at 5241 south cafe court in centennial and i appreciate the opportunity to make a few comments and answer a couple of questions i've been working on this project for 25 years in conjunction with the city and that has ranged from establishing the park and ride to anchor the location for the a-line that includes lowering east 40th avenue and joint agreement and cost shares with denver aviation city of aurora city and county of denver and rtd all of this has been done to get the tod site in a position where it can be developed this particular project is very similar to the fitch 21 project that we did at fitzsimmons and it will act as a catalyst for further development in the tod we believe we've complied with all the regulations required of us the affordable housing component was never really a part of the discussion but i can tell you that in june of 2019 we sold a parcel to aurora housing that parcel is less than a half a mile from the tod site aurora housing was very delighted to get that site because they've been scouring the countryside for one like it it has great connectivity to the rtd site they have now gotten all of their financing in place it took a couple of years for that to occur and they'd like to put 100 affordable for rent homes on that site we also have had discussions with the city relative to building for sale affordable homes with deed restrictions on it on two adjacent sites very close to the aurora housing site we'd like to continue those discussions so we have a three-pronged approach we have a market rate project next to the tod we have an affordable housing project by aurora housing that is going to start very soon they've now got all their financing in place they're working with us in fact i have a conference call with them tomorrow at 3 30 to talk about site plan and how we can maximize the density on the site so that we create the most affordable homes that we can this is what we believe to be a very good project an asset for the city it will in conjunction all combined those three projects will bring quite a lot of affordable housing to gateway park into the city there is no affordable housing component in the market rate next to the tod but we believe that we've done quite a lot to create affordable housing at gateway and the other thing that's important to know is that the affordable housing that will be built by aurora housing pays no property tax so our district sand creek metropolitan district has forfeited all the tax income from that parcel by selling it to aurora housing we did that with full knowledge that would be a contribution year after year after year to the affordable housing needs of the city and we think that a holistic view of gateway relative to affordable housing might be important to look at so i'm here to answer questions you might have and you know we would love to get this project moving but we would also agree and support a continuance till there's a full council we do think that having our ward representative there whether they vote for it or vote against it is important so we're in support of that if that's the council's wish so i'm happy to answer any questions you might have thank you for the time uh questions of the applicant for further discussion mayor um just a comment to the applicant i want to just say thank you for you know holding you working on this project for 25 years to um to attract business to the tod site um and all the things that you you have done to make this an attractive site and and to bring housing we have a housing supply uh shortage and any type of housing that we can bring is going to just assist us and i also think the fact that you did sell the parcel to the housing or housing authority um i think that's wonderful as well so i will support the continuance um if that's what this council is is really pushing for and kind of i think pushing you as the applicant to do that um i personally based on everything that you have just said um i don't understand why we cannot support this ordinance for rezoning tonight further discussions um uh council members else um can i ask the applicant a question as well please please thank you um thank you for all of this context um i have a quick question you sold the parcel to the housing authority or you're planning to sell no we sold we sold the parcel to the housing authority in june of 2019. 19. that's right you did say that okay they came to us at that time because to get it in a position where they could develop it takes several years to get their tax credits together approved and sold at that time they were delighted to get that parcel it was the only one they could find uh and it was really the only one we had available that was planted and immediately available so they have a they they they should be commended for their efforts it's a lot of work to get that in place it just takes forever so they bought it in 19 have been working hard since that time to get in a position where they can develop they have met with the city not a pre-app but they've met with the city to start talking about site plans and they are anticipating fully going forward and we in fact might build it for them we've offered to do that we have reach into the market they don't have and we believe that we can help them get it built for substantially less than they normally do so all those discussions are ongoing okay thank you um you know i voted this down the first round i think i was the only one on the first round and then it was voted down um on the second round but i didn't have much of this context and i i have a lot of heartburn and we can talk about if it's qualifications or judicial or quasi-judicial but the comp plan says that housing for all is one of our goals and so um building a full market rate at tod sites where people who rely on public transit can't afford to live is gives me a lot of heartburn but i didn't know about the parcel you said was less than half a mile um and all of the other things so that certainly changes um things so i just want to say thank you for taking the time to share all that um information and for the public we did not speak ahead of time i know there's been some comments from council members about that as well so i will just say that we have not spoken at least not to my knowledge that's probably our mistake we apologize for that we typically have each project sound on its own and we're we're delighted we do take a holistic approach and i want to add one thing there is a we also constructed in anticipation of this a trail connection from the sea the affordable housing site directly to the to to the to the park and ride and station that is a 10 foot wide combination bicycle pedestrian path fully lighted so it's it's uh accessible day and night and it's open to about a 20 acre open space so we're anticipating that we're trying to make this as good a site as we possibly can okay thank you very much uh this uh discussion is to the coombs uh motion right now further discussion to the coombs of motion personnel thank you um and and i appreciate mr sharon you're telling us all that um i didn't know that either um but that to me that is a huge difference because like councilmember coombs said we have had studies and we do show that we are short housing in every income level so you know if you have market rate housing people will will move they'll they'll move out of the out of the lower income into the market rate and give an opportunity for someone else to to move into their property you know we've had council members that have moved during this four years you know so you know you you you go in steps so i'm glad that you're you're building a market rate but then there's also the low income piece there too so people can move around and will help our shortage i mean if if we just sit on these developments you know until we get everything we want the shortages are just going to continue land properties are going up construction costs are going up labor's going up and that just means our housing is going up in my opinion we have got to jump on this when they come available so so we can get those housing units people can move around get into what they they want uh and can afford and to me i think this is a great opportunity for this city and so thank you again mr sheriff okay further discussion to the crews amendment mayor um i'm sorry councilor um i mean not amendment motion i'm sorry i'm going to withdraw the motion to delay um and then certainly we can continue to discuss on the project itself um uh councilman coombs withdraws her amendment to continue um further discussion now we're back to the original motion uh number 15a councilman mcconnell thank you sir um so i also want to thank the applicant for speaking with us tonight the context is extremely important um i want to be clear about one of the things that was just said though with our housing study and our comprehensive plan we actually were found to have a glut in market rate or luxury housing however you want to brand it especially in the rental range we actually have a severe deficit beneath market rate all the way from basically all the way down actually to you know 30 percent uh ami um so that's the state of our housing market and not just in aurora that's metro wide and probably country-wide at this point um but i do want to express appreciation for your work already with a housing authority that was you know something that was not um apparent uh to i think several of us here um i still feel that we could uh work together to maximize the potential of this site and really address the housing crisis that we're in but uh given that my colleagues seem ready to move forward with this i will go ahead and support that move further discussion uh to the uh to the motion to approve on number 15a uh i'm sorry uh councilman combs and councilman grover um yeah so i just did want to ask the applicant a little bit more about the for sale um affordable like is that going to be a tax credit project or what what kind of conversations have been had so far about the um for sale that's a very good question so what we proposed to the city was for us to build a condominium project on two sites immediately north of the affordable housing site those would be non-uh fha non-uh not financed in that fashion we would offer them somewhere between at that time 140 and 200 000 uh depending on the size and that we would indeed restrict a certain percentage of those but the rest would be market so if hypothetically if we had built that project and someone bought a condo for 150 000 because of the increase in the housing market they could potentially have done very well today i think that's still the case and we would still be very interested in doing that we cannot because of the way the code is currently written do that and also put ground floor retail there so those things need to be worked out with city staff city but we are still very interested in doing that because we think that fills a niche uh that doesn't exist today uh out there and we're more the property is still available and we're still very interested in doing that so that would be the third third component of our three-legged stool on housing and please understand this is gateway and depaul's corporation first first residential project in the city of aurora we've been developing gateway park since 1995. it's all commercial and we have about over 20 000 jobs there so it's taken this long to get in a position where we think housing will work on the east side and we'd like to again use this market rate project and the affordable housing as a catalyst for further development there in the residential arena so we're open to all that but hopefully that answers your question yes sir thank you so much um welcome yeah sorry man can i just um and certainly i would be interested in having the conversation about what we need to do to make it possible for you to have that ground level retail and um for sale product above i think that's something that should be possible for you to do it's something we've been asking for and so if there's something we need to do to make that possible um i definitely look forward to that conversation but i also thank you for you know clarifying what the overall plan is for this area i think it really does make a difference for understanding the impact of this site on our overall housing plans and housing stock in the city so thank you [Music] yeah no i just wanted to echo some of the comments that i i heard tonight um and thank the applicant i almost wish the applicant would have spoken first because you know i think there was some good context that i think many of us didn't have i think you would have avoided some very long-winded um political grandstanding personal opinion there but um i i think it does matter i mean i'll be honest i i wish i could ask for more affordable housing but that's probably not a surprise to anyone here that i would still want more affordability but just given the larger context that there was intentionality with affordable housing strict affordable housing right the income qualified type units and then the affordable housing for sale uh product i think it definitely weighs on me so i wish we would have had these um applicant speak um you know if there's an opportunity for us to continue to work with the arpa funds that are coming down the pike you know we just did a public input process to help advance you know some of these types of developments um to to help us meet some of these goals i'm all for that as well um but i appreciate the additional convict so thank you the adoption of item number 15 as saying none the question before says the adoption of number 15a with clerk please call the world council member marcano yes council member burzen council member hilt yes mayor pro-tem bergen yes councilmember larson councilmember mario yes councilmember gruber yes councilmember gardner yes yes and councilmember coombs yes the motion passes to approve ordinance 2021-38 we will now um combine uh the public hearing for uh on items number 17a in 17b uh with clerk please read the title to items number 17a and 17b item 17a is resolution 2021 112 public hearing and consideration to approve a resolution of the city council of the city of aurora colorado making certain findings of fact regarding the proposed annexation of a parcel of land located in the southeast corridor of section 17 township three south range 64 west of the sixth principal meridian county of adams state of colorado 157.841 acres and ordinance 2021 42 public hearing and consideration of ordinance annexing a parcel of land located in the southeast corridor of section 17 township 3 south range 64 west of the 6th principal meridian county of adams state of colorado the public hearing is now open um presentation by staff good evening mr mayor members of city councils jacob cox manager of development assistance um as you mentioned we've got nine separate items on the agenda that will follow the pertinent public hearings per state statute and that consists of six public hearings in total for the combined hearings on the resolutions and ordinances for each annexation parcel followed by the public hearings for the initial zoning so to provide a brief synopsis of the general process for this annexation council approved the transport interim facilities agreement on january 25th 2021 which was the initial document as part of this broader annexation package to establish the utility strategy for this large master of development a petition for annexation was then more recently filed with city clerk for annexation of three separate parcels within transport colorado the vicinity map with the context for each parcel is in the packet the annexation process follows state law and this annexation will be considered over three council meetings tonight's agenda the second in that process in which city council conducts a public hearing considers approval of the resolution making finding that the land is eligible for annexation and considers the introduction of annexation ordinances the initial zoning ordinance will also be presented by city to city council tonight concurrently within annexation that will follow the city's comprehensive plan and be zoned i2 industrial district that will be detailed further by the planning department during the hearings for those agenda items i'll note that we have outside representatives available to assist with any questions on these items as for the public hearing at hand for transport number one a petition for annexation was filed with the clerk for annexation of 157.841 acre parcel which is part of the transport colorado master plan this parcel is located generally northeast of 48th avenue and in bowdoin road again in the attached vicinity map city council made a finding of substantial compliance regarding this annexation on august 23rd 2021 this parcel falls within the city's annexation boundary and meets the requirements for annexation including contiguity this parcel will be integrated into the approved master plan the item before you is a public hearing consideration for approval of a resolution making a finding that land is eligible for annexation in consideration of the introduction for the ordinance i'm happy to answer any further questions thank you [Music] we'll go to the applicant next and then we'll come back later for questions from members of the council labs presentation by the applicant yes yes mr mayor um if i can share my screen so i'm gonna sure terrific thank you mr mayor and uh council uh city of aurora my name is ken ponzarelli with lai design group um and uh this evening i am representing transport colorado uh mr stephen marshall president and chairman um of the company uh mr nick hernandez is the ceo will metcalf is executive vice president kelsey hall is land project manager and sarah skidmore is the senior construction manager lai design group and cvo westwood have partnered together to provide all the necessary documents uh for the project um just to kind of give council a little bit of context about transport it's identified here in this green in these green boxes and we're effectively about five miles from uh dia as as the crow flies and about 30 miles from downtown denver via i-70 one of the one of the great things about one of the many great things actually about transport is we have multi modes of transportation we have the u.p rail line right at our front door along colfax here we have i-70 to our south we have colorado air and spaceport to our north you can see manila road one of our eastern boundaries uh adjacent to the three parcels that are identified here in the yellow boxes that encompass that 1429 acres that will kind of round out the entire 6 500 acre uh transport project as a whole we've we've effectively and i want to kind of give you a little context for transport so it's not just the annexation of the 1429 acres it is really rounding out an entire master development for modern global companies seeking rapid expansion into the rocky mountain region we were one of the only large-scale inland port developments certainly in colorado the rocky mountain region and we basically are able to deliver distribution manufacturing data tech solar and aerospace pre-zoned fully entitled land we're currently excuse me we're currently working on sub-area isp one and isp2 which is just under 500 acres in our initial phase in this rail served industrial park portion of the development so we're very excited about what's going on out there from an economic development perspective you know we we basically have a very large mixed use commercial retail office hyperscale data center and aerospace as well as heavy medium and light industrial uses and at the end of the day this project will generate over five million dollars in taxes and then at build out almost 300 million dollars between the city and county and then they'll be over 150 million dollars in metro district taxes and then the entire development in a build out will be just under 10 billion dollars of land sales vertical improvements as well as infrastructure out there one of the things that transport has worked on um very vigorously with the city of aurora as a partner has been to solve the water supply challenges out in this area as well as utilizing the rail served industrial park to reduce truck traffic that would otherwise be on the network the roadway network absent uh the rail park and the other thing is transport is working uh with the city of aurora to co-develop a renewable platform for solar on about 700 acres and deliver over 100 megawatts of development so the whole goal here is not only to you know improve the grid but keep all of these wonderful jobs in the city of aurora because that build-out there'll be about 30 000 jobs created here and i know the prior the prior application with some of the affordable as well as market rate housing will be much needed to support the job growth in this area so this uh this graphic here really just kind of provides a summary of the three parcels that we're looking at annexing into aurora and there will be zoned i2 and then therefore they will be compatible with all of the existing existing zoning around them and then these are a couple of uh enlarged exhibits of those different uh parcels uh showing uh how the industrial development and open space will be maintained and then this is the larger parcel with 642 acres and then lastly another parcel on our eastern uh side which is uh 636 acres so you know with that there'll be a change to the zoning map to correct um an error based on the changing character here this zoning map is required because of the change in circumstances and then we've demonstrated that the proposed initial zoning is consistent with the spirit and intent of the city of aurora's comprehensive plan and then we demonstrated also that the size scale density multi modes of transportation are also compliant and then we've also demonstrated that the zoning will not create dislocations or adverse effects of any adjacent properties so that's transport in a in a global fashion i know most everybody tends to look at the application that is before them but i felt it was important to give a little bit of context on the mac order of magnitude on how this will help round out transport and allow us to continue our work with the city of aurora in solving some of the water problems and other infrastructure needs that are in this area thank you other members of the public who wish to speak on on this issue no mayor there's nobody on the line um uh questions uh uh from uh members of the council uh to uh staff or to the applicant mayor dave gruber catherine ken i want to thank you and i want to thank steve marshall and the senior staff of your company as well as wendy mitchell and yuri gorloff and the aurora economic development team for bringing us forward i think it's also important to thank adams county the commission and those folks have worked with you to put that rail spur in that rail spurs changes everything and actually will enable an inland port and a discussion between uh truck traffic rail traffic air traffic and then you know we smile when we say it and space traffic uh your this property is going to be a very very important part of the larger inlet port that hasn't been defined yet but we we know that it's going to exist uh primarily in north aurora as well as commerce city and some some circumference around the denver airport so this is a very very important part of that larger inland port and i'm glad i'm proud to support this uh further questions of the applicant or of staff uh seeing none uh motion mayor all right counselor move to approve 17a it's been moved by councilmember ruber seconded by second second by councilmember coombs uh discussion mayor uh councilor cruz i do just have a question about the process of how we're doing this so we're going to approve 17a and then we're going to walk through everything else and vote on everything else this was just the presentation covering all of those items oh that's right that's a good point um a question uh to um katie um do um so i i do we vote separate we just did one public hearing on both and then we will um we'll have to vote separately on each on each one on each one item correct i'm going to refer to the city attorney's office uh you know my interpretation with the annexation resolution ordinance being grouped into single hearing i believe that we can vote on it together but i would refer to dan mr mayor this is brian rula with the city attorney's office we'll do a total of six different public hearings tonight uh the the first public hearing will be for the first two items regarding the indexation the resolution and the ordinance we'll vote on those items separately okay okay that was a question thank you thank you thank you okay um let me start over again on the on the motion uh motion to approve item number 17a [Music] item number 17 17a discussion notice for further discussion with the clerk please call the roll on the adoption of item number 17a councilmember garner yes mayor pro-tem bergen yes councilmember hiltz yes councilmember coombs yes councilmember berlins yes councilmember mario yes councilmember marcano yes councilmember gruber yes yes councilmember lawson yes the motion passes to approve resolution 20 21 112. uh motion for the adoption of item number 17b mayor dave gruber customer move to approve 17b uh by councilwoman or provider 17b 17b discussion let's say you know just for further discussion please call the role on the adoption of live number 17b councilmember bergens yes councilmember gardner yes councilmember gruber yes mayor pro-tem bergen yes councilmember hiltz yes councilmember coombs yes councilmember marcano yes councilmember lawson yes councilmember better you yes the motion passes to approve ordinance two well chloe now please uh number 17 c item 17 c is ordinance 20 21 43 a public hearing consideration of an ordinance of the city council of the city of aurora colorado zoning 157 acres of land more or less generally located east of imbadan road between east 56th avenue and east 48th avenue within the city of adams state of colorado to industrial district and amending the zoning map accordingly transport initial zoning one presentation is now i mean sorry the public hearing is now open uh a presentation by staff mayor city council members this is steven rodriguez planning supervisor and this is the transport 2020-1 initial zoning for the current annexation going through for this 150 acre parcel it is currently zoned unincorporated adams county a3 which is agricultural zoning the proposed initial zoning is to i2 uh industrial zoning transport is a 5500 acre um more or less master planned industrial development all zoned i2 as well please proceed sorry almost done so it is between the um 56th and 48th avenue alignment this proposed parcel regarding the comprehensive plan the place type is industry hub and their proposed initial zoning meets the goals of industry of place type and complies with the intent and purpose of the place type in the comp plan and lastly for the initial zoning criteria the proposal is consistent with the comprehensive plan place type it's compatible with the surrounding zoning and will progress toward meeting general employment goals outlined in the comprehensive plan thank you thank you presentation by applicant uh mr mr mayor um i'm pleased to go i've uh given summation spars also bread sir we can't hear you very well okay can you hear me now can you hear me a little better a little better um i have given the presentation of transport unless you would like me to discuss specific areas i'm happy to do so but i felt like i've covered everything that either jacob or mr rodriguez had um do any members of the pub course wish to be heard there's nobody in the line uh are there are there members are there members of council who have questions of the applicant or the staff saying none the public hearing is closed uh motion mayor dave herbert because move to approve seventeen seat surrounded by councilmember removed by councilmember seconded by marcano councilmember mcconnell to approve our number 17 c uh discussion so no further discussion with floyd please call the title on the adoption go with the clerk please call the role on the adoption of item number 17c council member hilts yes councilmember marcano yes yes councilmember gardner yes yes councilmember burzins yes councilmember lawson yes councilmember gruber yes yes mayor pro-tem bergen yes councilmember coombs yes and councilmember modio yes the motion passes to approve ordinance 2021-43 on the next public hearing we will combine items number 17d and 17e into the same public hearing with the clerk please read the title title number 17d and 17e resolution 2021 113 public hearing and consideration to approve a resolution of the city council of the city of aurora colorado mainstream signings of fact and ordinance 2021-44 public hearing consideration of an ordinance annexing a parcel of land located in the east half of section 20 and the east top of section 29 township three south range 64 west of the sixth principal meridian county of adams state of colorado transport colorado to 642.914 acres public republic here is now open uh presentation by staff yeah good evening a petition for annexation was filed with the city clerk for annexation of a 642.914 acre parcel which is part of transport colorado this parcel is located generally southeast of 48th avenue and in bowdoin road up per the vicinity map city council made a finding of substantial compliance regarding this annexation on august 23 2021 the parcel falls within the city's annexation boundary it meets requirements for annexation including contiguity the parcel will be integrated into the approved transport master plan the item before you is a public hearing for consideration for approval of a resolution making a finding the land is eligible for annexation and consideration of the introduction for the ordinance i'm happy to answer any questions okay uh presentation by the applicant and poncerelli again i have uh further please i i have no further uh presentation unless you have questions uh questions uh by members of council uh to staff or to the applicant uh are there um members of the public who wish to be hurt there is nobody on the line uh public hearing is now closed a motion mayor motion to approve item 17 dne through by uh councilmember gardner to approve it number 17 d and e um and second and by person the second and by council member presidents uh discussion seeing no uh discussion uh the question before is the adoption of items number 17. oh um i'm sorry then again um we have to do 17d first and then do 17e um public hearing is closed uh motion to approve item number 17d councilmember gardner oh yeah substitute motion um it well okay it's a new motion but that's fine uh is it's removed by council regardless of goodbye second bergen that's our uh versions to approve our number 17d discussion saying no discussion with the clintons call the role on the adoption of number 17d mayor protein bergen yes council member gardner yes councilmember lawson yes councilmember marcano yes sir councilmember coombs yes councilmember gruber yes yes councilmember mario yes councilmember hiltz yes and councilmember berzins yes the motion passes to approve resolution 2021-113 um uh motion to uh approve on number 17 moved by council members in the second by [Music] discussion so you know uh further discussion with the club please call a role on the adoption of item number 17e councilmember lawson yes councilman gruber yes councilmember coombs yes mayor pro-tem bergen yes councilmember berzins yes councilmember gardner yes councilmember mario yes councilmember marcano yes member health yes the motion passes to approve ordinance 20 21 44. okay now please read the title to item number 17 f item 17 f is ordinance 20 21 45 public hearing consideration of an ordinance of the city council of the city of aurora colorado zoning 642 acres of land more or less generally located east of the amboden road between the east 48th avenue and the union pacific railroad right of way within the county of adams state of colorado to industrial district and amending the zoning map accordingly transport initials uh public hearing is now open presentation by staff 2020-2 the applicant is requesting approval of the initial zoning of the 642-acre parcel that's currently being annexed into the city is currently zoned adams county unincorporated adams county a3 agricultural proposed to be initially zoned to i2 industrial generally located east of in bowdoin road south of 48th avenue regarding the comprehensive plan place type the proposed initial zoning meets the goals of the industry hub place type and complies with the intent and purpose of the place type in the comprehensive plan and lastly the approval criteria for an initial zoning the proposal is in compliance with the section of code for initial zonings in that it's consistent with the comprehensive plan compatible with surrounding zoning and will progress toward meeting general employment goals outlined in the comprehensive plan thank you thank you presentation by the applicant uh mayor i have no further discussion unless council or mayor has questions thank you do are there any members of the public who wish to speak on this item there's nobody in the line uh questions from council members to uh staff or the applicant as saying none the public hearing is now closed on item number 17 uh f uh motion mayor dave gruber councilmember mcconnell thank you sir move to approve 17f it's removed by councilman seconded by [Music] uh discussions let's say know uh further discussion with the clerk please call the roll on the adoption of item number 17f councilmember berzins yes councilmember gruber yes yes councilmember gardner yes councilmember lawson yes councilmember coombs yes councilmember mercano yes mayor pro-tem bergen yes council member hilts yes council member mario council member i think you might be muted i'm sorry i am you myself and then someone mutes me and then i meet myself and then someone mutes me so but my answer is yes okay thank you the motion passes to approve ordinance 20 21 45. um the um public hearing on item number 17g and 17x will be combined uh the public hearing is now open uh i'm sorry with let's read the titles out of number 17 g and 17h the resolution 2021-114 public hearing consideration to approve a resolution of the city council of the city of aurora colorado making certain findings of fact in ordinance 2021-46 public hearing and consideration of an ordinance annexing a parcel of land located in the east half of section 21 and a part of the west half of section 22 township three south range 64 west of the sixth principle of meridian county of adams state of colorado transport colorado three 636.174 acres um public hearing is now open uh presentation by staff good evening a petition for annexation was filed with the clerk for annexation of a 636.174 acre parcel which is part of transport colorado this parcel is located generally southeast of 48th avenue and quail run road for the attached vicinity map again city council made a finding of substantial compliance regarding this annexation on august 23 2021 a parcel falls within the city's annexation boundary meets the requirements for annexation including contiguity this parcel will be integrated in the approved transport master plan the item before use the public hearing and consideration for approval of resolution making a finding deland is eligible for annexation and consideration of the ordinance thank you uh thanks presentation by the applicant mr mayor and council i have uh nothing further to add unless uh there's a question that you may have of me thank you are there members of the public who wish to speak on these items there's nobody in the line um are there questions from members of council to uh staff or to the applicant mayor uh tell us about reels thank you um i know that this is in here just um a concept it's not a final site plan but i just wanted to point out that i hope we don't put buildings over plugged wells and leave some some space for there to be mitigation efforts if needed in the future in kind of a buffer zone maybe around those and i know that this is not a final site plan so it's not um laid in stone but just wanted to mention that because i do from a safety standpoint think that um we did not plunk building directly on top of a plugged well that we can no longer access to repair if needed um in the future that is noted council member and and that is indeed a um i'll can speak as well on this item but that is indeed a conceptual diagram and this does not constitute a site plan entitlement for example perfect just want that out there for future because i will not be here but it will be in the back up somewhere that that was a concern for someone and maybe someone will remember that then the staff agrees thank you now further questions uh staff for the applicant uh i've seen none uh the um public hearing is closed uh motion mayor move to the proof 17g [Music] council ray hills to approve it number 17g uh discussion not saying no further discussion with the clerk please call the roll yes remember coombs yes mayor pro tim bergen yes and i can't get into scribestone okay um i i let it know so i believe they're working on it right now councilmember lawson yes councilmember berzins yes councilmember gruber yes councilmember gardner yes and council member mario yes the motion passes to approve resolution 20 21 114 uh the question before us now is the adoption of item number 17h motion um councilmember um let mercy do it got some other verses all right doesn't matter uh move to approve 17h remove my uh councilmember person seconded by sector councilmember lawson to approve of number 17h uh discussion as soon as no further discussion with please call the role in the adoption dividend number 17h mayor pro tim bergen yes council member berzins yes councilmember coombs yes councilmember lawson yes councilmember gardner yes councilmember marcano yes councilmember mario yes council member hill yes councilmember gruber yes the motion passes to approve ordinance 2021-46 um we'll call you now please read the title time number 179 item 17i is ordinance 2021-47 public hearing and consideration of an ordinance of the city council of the city of aurora colorado zoning 636 acres of land more or less generally located between the quail run road alignment in manila road and between east 48th avenue and the 38th avenue alignment within the county of adams state of colorado to industrial district and amending the zoning map accordingly transport initial zoning three uh public hearing is now open uh presentation by staff good evening mayor and city council uh the applicant is requesting approval of initial zoning for a 636-acre parker parcel that will be annexed into the city uh it's currently within adams county and incorporated adams county agricultural they're proposing an i2 industrial zoning for the site a presentation by the applicant thank you mayor and council came on well you gotta go louder okay sorry can you hear me now can you hear me okay thank you mayor and council uh nothing further today uh about three members of the public who wish to be heard there's nobody in the line uh questions from members of council to staff and the applicant by sitting down the public hearing is now closed uh motion marriage [Music] [Music] discussion i see no further discussion with please call the role in the adoption of item number 179 council member mario yes that's the member hilts yes councilmember gruber yes councilmember berzins councilmember berzins i believe you're muted council councilmember burzins i think he might be muted still council member coombs yes councilmember marcano yes mayor pro-tem bergen yes councilmember gardner yes councilmember lawson yes and councilmember coombs yes again sorry councilmember berzins um i'm sorry i didn't hear you earlier you were muted eddie could she give a thumbs up or a thumbs down yeah that's fine she can put in the chat or give a thumbs up i'm not sure if she can hear me i'm not sure she can yeah okay i'll email her and let her know that um she can't hear us the motion passes to approve ordinance 20 21-47 item number 19a item 19a is the mou to participate in excel's energies partners in energy implementation phase uh motion i'm sorry a question for the city attorney doesn't require a formal vote on a memorandum of understanding uh yes it does it's an iga call again um uh motion there it comes on my column thank you sir move to approve 19a oh my councilman mcconnell second advice [Music] good evening i'm karen hancock principal planner with the planning and development services department excel energy has mandates through the public utility commission to reduce energy use to help them meet those mandates xcel energy developed the partners in energy program in july 2020 city council authorized the city manager to sign an mou to participate in partners in energy which entailed working with businesses school districts and non-profits to develop an energy action plan this second mou if approved will authorize the city manager to sign an mou with excel energy so that the city and these important groups can implement the energy action plan i'm saying no further discussion with a clever place called the rule and the adoption of item number 19a kaufman yes council member hill yes councilmember lawson yes councilmember gardner yes councilmember mercano yes councilmember burzins yes yes thank you and councilmember berzins how would you like to vote for ordnance 2021-47 item 17i yes okay thank you mayor pro-tem bergen yes councilmember mario yes councilmember gruber yes and council member coombs yes the motion passes to approve item 19 19a what's going down policing the title number 19b item 19b is consideration to appoint one citizen member to the oil and gas advisory committee um motion mayor david gruber [Music] moved to approve uh move to a point lyric work to the oil and gas committee is moved by councilman gardner i mean councilwoman secretary secondary uh councilmember gardner um to approve item number 19b discussion saying no to further discussion with the clerk please call the roll on the adoption of item number 19b kaufman yes councilmember gruber yes councilmember coombs yes councilmember mario yes councilmember hiltz yes councilmember mercano yes councilmember lawson yes mayor pro tim bergen yes councilmember gardner yes and councilmember berzins yes the motion passes to appoint larry to the oil and gas advisory committee please read the title number 19c item 19c is consideration to reappoint one member to the career service commission um motion mayor dave gruber uh move to approve stephen warhoff to the civil service committee they should move by councilman advice uh secretary councillor um discussion mayor councillor hills um i don't know if councilmember gruber wanted to amend it to career service because i think he's appointing to the civil service thank you for that yes very well further discussion a sitting down was just called the role on the adoption of writer in over 19 c mayor kaufman yes council member gardner yes councilmember hilts yes councilmember lawson yes councilmember mercano yes mayor pro-tem bergen yes councilmember gruber yes council member mario yes councilmember coombs yes and councilmember berzins yes i'm back then the motion passes to approve stephen wormhouse to the career service commission from the child titan item 19z is consideration to appoint one member and reappoint three members to the judicial performance commission mayor uh uh thank you i'd like to um make a motion to appoint yazmin kennedy for the vacancy and mr john ryan ms kelly malcolm and the last one uh wesley nicholson for reappointment sorry um my manager tim bergen second [Music] um discussion there councilman mcconnell i think just a suggested correction to the motion i think you said yes mean kennedy and i have it in here as yasmine watson so i just want to make sure we get that right for the record actually on the item summary if they have it wrong it says yeah i know she goes by both names but um i thought her professional name was under kennedy but maybe i'm wrong it says missy osman kennedy submitted her application i see both depending on where i live yeah thank you okay a further discussion on the adoption of item uh the number 19d a scene known with please call the role on the adoption of item number 19d councilmember coombs yes mayor kaufman yes councilmember lawson yes defensive member hilts yes councilmember berzins yes council member mario yes mayor pro-tem bergen yes councilmember gardner yes councilmember marcano yes and councilmember gruber yes the motion passes to appoint yasmine and reappoint john kelly and wesley to the judicial performance commission now please read the title number 19e item 19e is consideration to appoint one member and reappoint one member to the library board mayor um it's libraries so hilt okay um motion to appoint uh miss paula vargas and reappoint miss shannon day to the library board of trustees further um i'm just sorry moved by councilmember hill is second by birthday uh mayor from bergen uh to approve item number uh 19e uh further discussion let's see another question before this is the adoption of writer number 19e with clerk please call the world mayor kaufman yes councilmember mario yes councilmember gardner yes member lawson yes councilmember berzins yes councilmember gruber yes yes councilmember coons yes mayor partan bergen yes yeah what's the member hills yes and councilmember marcano yes the motion passes to appoint paula and rio point shannon to the library board now please item 19f is consideration to reappoint one member and appoint two members to the arts and public places commission uh motion here because i'll move to reappoint brittany pearl and appoint dega keller and carbon carmen newman to the art and public places commission so i council uh discussion let's say no further discussion with the please call the role on the adoption of item number 19f mayor kaufman yes councilmember lawson yes councilmember gardner yes councilmember berzins yes councilmember hiltz yes councilmember mcconnell yes yes councilmember gruber yes councilmember coombs yes yes mayor protein bergen yes yes the motion passes for item 19f please read the title title number 19g item 19 g is consideration to appoint four members to the aurora youth commission uh motion mayor returns i've moved to appoint abby deviak logan gadro alexandra crowe and sneida kumar to the aurora youth commission special ruling council marine um is there any discussion uh the question before says adoption of um i don't know [Music] 19g i'm sorry 19 yes 19g seeing no further discussion with the closely called the role and the inductive writer 19g mayor kaufman yes councilmember crooms yes councilmember gardner yes council member hilts yes council member gruber yes yes councilmember lawson yes councilmember mario yes mia protembergen council member mercano yes and council member berzins yes the motion passes to appoint the four members there were youth commission so reporting on the mayor um i um we'll be doing uh a mayor mike live on thursday at four o'clock four to four thirty uh on on auroratv.org uh not sure what issues uh i'll be discussing uh what guests i'll have but um any resident from aurora can ask questions on the city's facebook page uh as we're as i'm doing it i i did have lemons away especially with talk radio show this morning and i will be doing the show uh next monday morning and 8 20 again that's on monday 11 50 a.m on your radio dial council member hilts thank you over the weekend i attended along with council member gardner and the mayor fire safety uh weeks demonstration they partnered with the national fire sprinkler association someone corrected me if i got that wrong and they did a live demo and had you know the the trucks and the engines and some of the other vehicles out to talk about the importance of um sprinklers in stopping or stopping the spread or slowing the spread of fire rather and then also the city has coming up this thursday at three o'clock at olympic park which is um galen chambers a pop-up pumpkin patch um so that should be fun as well and if you're interested just hop on the city website and you can find more information but it's going to be doing it for a couple thursdays throughout the month and they're doing um a decorating kit so for pumpkin so obviously get there early because it's on a first come first serve basis and family friendly thanks councilmember lawson hey thank you mayor um on friday with the cml in my capacity as a policy member we had a meeting or our meeting to basically go over policy positions from different jurisdictions i presented a policy position that for consideration with cml to support this is something we talked about with judge day about a proposal for the build out of a state database to allow him for information sharing between municipal and state courts so this was just to kind of get cml to see if they would support this particular effort it did get support so we don't have anything finalized it's just kind of giving a an idea what cml would do on this particular type of initiated legislation as far as pfizer is concerned um there are a couple of updates um majority leader steny holler said that the house will convene on tuesday to pass the stop definite stop gap measure raising the debt limit uh following the passage by the senate on thursday um congressional leadership has called the action by october 31st on two major pieces of legislation house consideration of the senate passed infrastructure bill agreement from the house and senate on the reconnection reconsec reconciliation bill focus on social infrastructure spending including measures to address climate change um at the state level level after meeting over the summer and fall legislative interim committees are considering draft bills this month these bills will be introduced in the 2022 session on a variety of topics like affordable housing behavioral health care water and transportation the economic recovery committee will continue to meet to discuss how to spend the federal recovery dollars city staff is working closely with state agencies the governor's office and the legislature on the city's priorities based on the mayor and council's feedback i have re rtd reimagine on thursday so i'll provide an update for that and cml executive board i'll provide another update on that as we have our meeting next week i had the opportunity to attend accelerate colorado which was a trip to washington dc where we had the opportunity to speak to senior staff and many of the federal departments housing small business and others we also had the opportunity to speak with senators bennett and senator hickenlooper wanted to mention that we had a discussion about an inland port with senator hickenlooper talking about the importance of having an inland port within the metro area as well as the jobs that it will bring both in logistics itself as well as manufacturing which will follow the logistics all in all i want to thank again um accelerate colorado as well as the aurora economic development council for putting this trip together and giving us the opportunity to speak to these people uh councilman ricardo a couple of things uh first i want to mention uh i had thanks to aurora fire rescue for hosting the event last saturday um it's always nice to get out and and see them and it was a fun time to have the families out and um it was a beautiful day on saturday at city hall so thank you for for hosting that um just demonstrating the importance of fire safety sprinklers fire smoke alarms and all that kind of thing so um next this wednesday is the state of the city for those who can't attend in person i'm sure it's available um online i'm a member of the aurora rotary club and the url rotary is hosting that event so um thank you to that group for putting that on and then lastly we appointed uh quite a few uh members to boards and commissions tonight so um as of before that happened we had about 41 openings i don't know how this impacted that but i'm sure we still have several dozen openings so just encouraged many residents that are watching that might be interested in getting involved in local government uh the boards and commissions that we offer a great way to do that um in one specific uh board i'd like to mention is the civil service commission we do currently have uh one opening on that and it's very important that we maintain a full group there so just encourage folks who might be interested in getting involved in local government to apply for boards and commissions and you can find that at auroragov.org [Music] okay um yeah so um a couple of folks mentioned the the fire prevention week event i wanted to give a shout out there i wasn't able to attend but um i think it's always a good idea to talk about fire prevention um in aurora so um the other couple events i wanted to shout out rise um colorado is like a is a family and student-led community-based organization they had a public school board candidate forum so along with city council members myself included people will be able to vote for their city council or sorry school board members and there are four seats available there are six candidates so they had a forum i would encourage you to check it out if you guys want the link i'm happy to share that um there was also a be well forum bewell works with a lot of residents in the northwest part of aurora on constituent engagement and understanding city processes and finding leadership roles so perhaps folks will and have actually applied to prior positions and openings on our boards and commissions um and i also lastly attended the colorado black women for political action luncheon which was really awesome um and then i have my october town hall the fourth thursday which is the 28th at 6pm and like we've had for the past two meetings i'm hoping it'll be another hybrid meeting so thank you um it comes from our verses thank you mayor um and i guess go into something that uh councilwoman maria said about funding meetings online our candidate forum is still online if you want to see it if you didn't have a chance to see all the candidates of wards one two three and the large candidates you can go to aurora tv dot org and find it there and watch it but i also wanted to say more about the accelerate colorado trip it was wonderful and as councilmember gruber said we did get a chance to meet with our two senators bennett and hickenlooper and speak with them it was really packed three days um but a couple of other people actually this the house representatives were not in town i don't believe so they did send their staff so we were able to speak with them but we also spoke with experts and directors and deputy managers of a lot of departments uh data collection uh was one that was very interesting someone was there um foreign intelligence and that that really hit home the director of the white house in her government affairs she was there giving us some great tips and the employment and training administrator within the department of labor and she was talking about jobs and unemployment and you know what what to do and how to do it in the city of aurora and metro denver so it was a very good conference and i'm glad i went and hopefully next year more of you will be able to go because it is very eye-opening and to get to talk to these folks and see what they do and how it can help the city of aurora thank you um councilman thank you sir uh so i want to start by acknowledging that aurora sits on arapahoe cheyenne ute and sioux land and that most if not all of us were taught a false accounting of the history of their americas and i believe it's important to acknowledge that this land was not settled but it was stolen my own family's lineage includes spanish conquistadors and dainos which are one of the indigenous tribes that called borican which is what we call today puerto rico home and it's my sincere hope that we can continue to share knowledge about our true history so that we can better understand our present and use that to shape a more just and equitable future so happy indigenous peoples day everybody and our final ward meeting of 2021 will be this thursday october 14th at 6 30 at the stampede and we're going to be having an at-large candidate forum all candidates have been invited so far i have gotten an rsvp from candace bailey becky hogan and john runkel so i hope to see you all there have a great night councilmember combs thank you mayor and likewise i would like to acknowledge and celebrate that we now have indigenous people's day as a holiday to celebrate in our country um in recognition of the centuries of misrepresentation uh through the focus on columbus day um aside from that we did have our ward town hall this last wednesday um it was very exciting interesting folks had a lively discussion with our traffic and rhodes staff um and i think it was really beneficial to the constituents to hear from them with respect to boards uh mile high behavioral health care had our board meeting they did note that they will be increasing wages for staff to ensure that they're able to attract a pool of qualified candidates to provide the various services they provide and also reported on the great progress of the after care program that they have in place which gives people ongoing support for recovery from both uh mental health and substance abuse issues and it's been really successful in providing people an ongoing community to make sure that they are able to maintain the successes that they've had while in recovery dr cogg had a special meeting to support a letter from the board regarding the cdot greenhouse gas emissions regulations and then i also had the opportunity to visit our safe outdoor space pilot at salvation army all of the residents there are in process of getting the various documents that they need to be able to access services housing and jobs and the folks that have been able to get that help with their documents about one-fourth of people who came in without employment are now participating in employment programs because they have gotten through that document process and a number of people are in progress for getting permanent housing and so that has been a really successful model for the city we will have um an upcoming meeting for visit aurora as well as the cherry creek basin water quality authority um so and then also this last weekend had the opportunity not only to attend um the colorado black women for political action luncheon but also the brand opening and ribbon cutting at field house usa which is a really exciting opportunity for the city um i definitely encourage folks to go out and check out not only the field house but their air house amusement area that is included within the field house space uh people were there having a really wonderful time so thank you all and have a good night uh mayor pro jam uh virgin thank you mayor and just want to give an update on e-470 roadway committee um we approved a cable barrier contract also uh went over the road whitening cmgc contract and then um of interest to probably towards six constituents is that we um move forward two igas regarding gartral road one of them is regarding temporary traffic signals and e-470 is a funding partner on that and then the second iga was um design of the interchange at gartra which will accommodate four lanes so um i know that that's been a long time coming and then i just want to echo my colleagues that went on the accelerate trip it was a great a great conference and appreciate being there and that is my report for the evening well thank you i failed to mention i i mentioned my my weekly segment on spanish language talk radio and my weekly program that i do on auroratv.org but failed to mention the annual uh state of the city uh speech that i'll be giving uh this wednesday wednesday that councilman ricardo was kind enough to bring up because his organization or aurora rotary club is going to be hosting uh that event and so um with that public invited to be heard mayor we do have one individual on the line lilly your time is beginning right now you have three minutes hi good evening i would like to hit rewind for just one moment and go back to a call that came in where candidates and their supporters were accused of stealing signs it kind of reminded me of a kid when they go mom he looked at me funny to assume something when you have no proof is just unprofessional and as a matter of fact um i've seen signs for the five candidates i support in my neighborhood that have gone missing so it's happening to everyone with the crime rate in aurora with the high rate of homelessness and with the vandalism that teenagers are doing these days who knows who stole signs i don't know if you're aware that the ladies locker room at our beautiful new central rec center was demolished by a batch of teenage girls they have not been found to the best of my knowledge and i think this is just pretty sad the five candidates i support in ward 1 bill gandres born to steve spunberg ward 3 my ward johno scott and the two at large candidates danielle jorinsky and dustin zavonik have put safety as a top priority the crime rate in the city is beyond your imagination i go on the site next door and some of you might want to go on that because you just get candid feedback from all the citizens and people have had things stolen they've had their cars vandalized they've been followed by people in cars the crime rate has got to stop and i'd like to note that dustin and danielle are the only candidates that have been endorsed by the aurora police association i think this is very critical to our city you can have a lot of ideas about fixing this and fixing that but if you have a high crime rate nothing is going to get fixed and again i would hope everyone takes the high road doesn't accuse people of things when they have no proof and realizes that it does no one any good thank you for your time uh with that um there is no further business before the aurora city council uh meeting adjourned [Music] so [Music] [Music] you