[Music] [Music] [Music] [Music] [Music] [Music] [Music] oh [Music] [Music] [Music] TI I'll be here with you all night my mind I'm getting lost in your eyes I'm broken not around spoking words screaming can you hear me can you hear me now now can you he me [Music] now can you me [Music] now I'll be here with you all night my mind I'm getting lost in your [Music] eyes [Music] SC me now [Music] [Music] now I'm feeling when I'm low I need it more close to me close to me close to me close toose me I'm broken you're not around unspoken words I'm screaming can you hear me can you hear me now now can you hear me [Music] now [Music] he [Music] Monday July 12th um for the a city council is called to order uh with the clerk please call the role mayor this is uh City cleric Rodriguez can you give me one moment to log into WebEx oh sure where for okay mayor I'm sorry uh mayor Kaufman here mayor protin Bergen C member bersin council member bersin council member kums president council member Gardner here council member Gruber here council member hiltz here council member Lawson here council member Marano present council member Mario present there's a quorum uh announcement of public uh call in line information excuse me Katie I'm here I'm sorry okay thank you councilor uh the city counc also welcomes feedback from residents at Council meetings on both matters appearing on the agenda and during public invited to be heard for those watching on Channel 8 please call 855 695 3475 and when connected press star three to get in the queue to speak 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 matter you want 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 three to sign up before the item is called by the clerk if you have already spoken to an operator you do not not need to press star three again callers who do not sign up for public invited to be heard prior to it being called by the clerk may still press star three to sign up to speak on non-agenda items at the end of the meeting depending on volume it may take a while to be connected to the operator so please be patient and stay on the line as long as you heard the prompt after pressing star three and can still hear the meeting and progress you are in line to speak to an operator in um like to give a moment of silence for all those who have been lost during this pandemic to co and all those suffering from that illness please join me in a moment of silence thank you please join me in the Pledge of Allegiance Pledge Allegiance Al to the flag flag the the United States of America and to the rep to The Republic it one nation Nation uh mayor PM executive session update uh thank you mayor and executive session we had a litigation update on campaign Finance uh public invited to be heard may I do not see any for public invited to be heard adoption of the agenda uh need a motion mayor move to adopt the agenda move by council member grber seconded by B council member B to adopt the agenda uh discussion seeing no uh discussion with C please call the role uh on the motion to adopt the agenda mayor kman yes council member grouper Council rber okay council member bersin yes council member marono yes mayor pron Bergen yes council member kums council member Katie I think uh I don't see her on on here I think her internet might have um gone out yeah council member Gardner yes council member Lawson yes council member hiltz yes and council member Mario yes and I see council member kums on now council member I'm sorry I didn't hear the question because my internet was out this is the adoption of the agenda yes okay the motion passes to adopt the agenda I need a motion to adopt the consent calendar items 8 a through 8C for approval of the consent Calder yes mayor uh mayor prend Bergen motion to approve 8 a through 8 C it's been moved by Council by mayor pend Bergen second second second by council member monono to uh approve the consent calendar item 8 a through HC discussion being NN with the please call the rooll on the um approval of the consent calendar May yes mayor protin Bergen yes Council R Lawson yes council member guber yes council member Mario yes Council M bins yes council member Marano yes council member hilts yes council member yes and council member Gardner yes the motion passes for consent calendar uh mayor we were having a little bit of trouble with the public call in line but it does seem like there were three people in the queue to speak for public invited to be heard on non-agenda related issues okay pleas okay thank you hi live hello go ahead yes ma'am I'm trying to speak on a public issue that is not related to the agenda go ahead all right am I addressing the city council yes okay mayor Hoffman mayor proter Bergen and all the other council members thank you for your time this evening my name is Kyra Tatum and I am addressing you this evening regarding the insensitivity of the Aurora Police Department in the terms of notifying you of the death of a loved one on May 14th 2021 my my only child at age 22 was killed in the car accident and at the time that I was expecting him to come back home from running his errands Aurora PD showed up on my doorstep with the death notification and not only were they insensitive in the way that they notified me of the death but they had a blue door tag in their hand that if I had not been home would have said in verbatim please contact the Wyoming Trooper this is related to your son and the Albany County coroner now what I want to know is where is the sensitivity in that BS because I live by myself I'm not married and my son is the only other person person that lived with me so if I had not been home that day and I would have came home and saw this door tag on my door I want you to imagine the pain that I would have gone through even more than being notified in person and I made Aurora PD leave that door tag with me and I will be happy to email it to every one of you council members because that is a practice that needs to stop immediately you talk about you want to notify people in person and if somebody's not home that you keep sending an officer out until they get somebody in person you don't leave a damn door tag on their door and I need somebody to say something so that I know I'm being heard you are being heard thank you you may yes mayor I'm sorry mayor ptim no I just I I sympathize I cannot even imagine her pain thank you well but if you could U if you could please email that to me I'd appreciate it okay thank you mayor council member HS Council h thanks I just wanted to see if we could just put out there and maybe get for c for the full Council maybe Chief Wilson can just send out um something about the process and what happened here so that we're all on the same page since it did come up here so that we can address that because that's that's pretty awful absolutely okay Mary it is your turn to speak go ahead yes thank you very much my name is Mary Sebastian my husband and I live in perer point2 subdivision we're calling to voice our concern that the development of the East Bank shopping center located at the located at the northeast corner of Quincy and Parker as proposed will be unsafe for our current neighborhood residents if allowed to progress as currently proposed we would lose access to the stoplight in the mall which is the safest method to leave our subdivisions please I'm begging you don't allow this project to progress without our neighbors a total of eight subdivisions having safe access to a traffic signal before during and after any approved construction please I implore you remember that Quincy and Parker is one of the busiest intersections in all of the Denver area we need the use of a track Ric signal thank you for your time and thank you for listening Essence it is your turn he thank you guys for I just really want to thank you guys for you know offering this section of the council meeting um I think that it really helps our community um in feeling heard and feeling served um so in June last month the city council approved a 90day pilot program um for a outdoor shelter for the homeless population um as an individual that you know frequently works and volunteers with the homeless population and I was very excited to hear about this and the opportunities that it's going to bring in the future um so I was just wondering um how will the community be updated and communicated with about the program program and also what are some tools of measurement that you guys are going to use to measure the success of the program um I'm sure that it's going to be on aurora.gov uh and all and I think myself and the members of council will be putting out information uh as well and um uh I I don't think there's any established metrics at this time May thank you uh council member Mario is there any way we could connect this uh constituent with our staff um sounds like uh they might have some input on on the process and you know we don't need to be a middl man um connecting the people doing the work with with a constituent who has a concern well I think it's our job the what's our job our job is to interface with constituents well and our constituent is interfacing with us so I'd like to request that staff connect with this constituent about their concerns I'll connect with this constituent about their concerns thank you is there another caller May and I will need the contact information likewise can we go ahead and have that sent out to the full Council sure so we can proceed with that thank you there are no other callers mayor okay uh with clerk please uh read the title of item number 9A item 9A is in resolution brief presentation by staff this is Roberta Bloom and um just a a brief reminder that this is uh replacing a work of art that was um removed actually at the request of the artist due to the failure of manufacturer um the artist has uh returned with a proposal um that is similar in theme but is um created out of uh vastly more durable materials thank you there is little to no cost to the city well I won't say no cost we're providing some engineering um review and some minor site work but other than that the artist is uh Prof providing the artwork at his expense um motion mayor counc M move to approve 9A remove by council member moono second by second uh council member to approve item number 9A discussion I seeing none with C please call the rooll on the adoption of item number 9 a council member Lawson yes council member Maro yes council member hiltz yes yes council member bersin yes council member kums yes mayor Pon Bergen yes council member Gardner yes council member Maro yes council member guber yes the motion passes to approve resolution 2021 68 so please read the title by number n9b item 9B is resolution 2021 69 consideration to approve a resolution of the city council of the city of Aurora Colorado of the First Amendment to an intergovernmental agreement between the city of Aurora Colorado acting by and through its utility Enterprise in the urban drainage and flood control district Toba Mile High flood District regarding the design and construction of drainage and flood control improvements for westly creek eastly creek at 11th Avenue in Havana um Mo mayor uh mayor ptim motion to approve 9B been move by mayor Pro second by b counc bs to approve number 9B a very brief presentation by staff U May uh Council and mayor this is s urenda and I'm the planning services manager in the water department and uh these works are really to uh improve any uh flood control improvements at um at roughly 11th Avenue and uh Havana Park and um this amendment actually increases the funding for the design and construction by 950,000 to be paid for uh to be paid by uh 50% each by both the city and uh the mile high flood District discussion um do we do okay we did motion discussion mayor uh mayor ptim yes and I just uh so we're doing 50-50 split with the mile high flood District in the city and so the 475,000 is coming out of the Wastewater fund correct staff for response pretty sure it is oh I I responded that's correct okay thank you thank you mayor you're muted seeting none with the clerk please call the role in the adoption of item number 9A 9B I'm sorry stand corrected n b Council M bers yes council member Lawson yes council member yes Council m g Gardner yes Council M guber yes council member Marcano yes mayor proin Bergen yes council member hiltz yes and council member Moro yes the motion passes to approve resolution 2021 d69 the clerk now please read the title of item number 9 C item 9C is resolution 20217 a resolution of the city council of the city of aora Colorado expressing the Aurora City council's support of the amended and restated environmental Covenant between the city of Aurora the City and County of Denver and the Colorado Department of Public Health and environment pertaining to sections 49 Township 5 South Range 65 west of the 6 PM brief presentation by staff hello this is um Andrea long with the a war water planning engineering senior engineer um this amendment to the environmental Covenant reduces restrictions on the parcels to allow for construction dewatering motion mayor move to approve 9C move by council member grber seconded by uh discussion I seeing none with a CL please call the role in the adoption of item number 9 C mayor pron Bergen yes council member Lawson yes council member Mario yes council member bersin yes council member Gardner yes council member Maro yes council member hiltz yes council member guber yes council member kums yes the motion passes to approve resolution 20217 say for an announcement of for the public call in line uh we stand in recess until um 7 o'clock residents who would like to speak on a resolution or ordinance and have not already been screened please press star three before the item is called by the clerk for those watching on Channel 8 please call 855 69 5 3475 to be connected and then press star three Council will take a short break to allow for any additional speakers to sign up again please be patient and stay on the line until the operator is able to take down your information as long as you have 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 [Music] operator [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] the regular meeting of the city council is now called back into order cler please read the title of item number 11a item 11a is resolution 2021 59 a resolution of the city council of the city of Aurora Colorado approving the first amended and restated service plan for the velocity Metropolitan District number one and authorizing the execution of an IGA between the city of Colorado and the district um brief description by staff yeah good evening Mr Mary and I just want wanted to clarify one thing through our attorney's office I believe we can open up one public hearing for all of the Velocity items is that right Brian or Dan yes that's correct okay thank you um yes Mr Mayor so um the velocity Metropolitan districts are located generally Northeast of harvest Road and 56th Avenue the districts are part of the Portos master plan the Portos development is entirely commercial and Industrial um no residentials proposed or currently part of this development in 2019 districts 4 five and six were amended to allow for an increase in the a mill Levy and subsequently establish the 64th Avenue Authority together with the other districts in the area the velocity districts are requesting an increase in the total debt issuance limitations from 100 million to 195 million this is uh due to the increasing costs and anticipation of refinancing the district's outstanding Bonds in the next three to five years to reduce long-term costs the service plan amendments are limited to this change and do not otherwise amend the service plans these plans nine in total will be approved approved individually by resolution um and it's important to note that each of these districts were on older versions of the city's model and these proposed amendments will also be restating to the current adopted model service PL and I do have outside representation in case there are any detailed questions thank you okay thank you the um public hearing is is open um is there a presentation by the applicant mayor Chris fellows on behalf of the applicant we have no presentation unless the city Council would like us to make a longer explanation than Mr Cox gave and we're more than happy to answer any questions and uh Allan po attorney for the districts is with me also uh are there any members of the public that wish to speak there's nobody in the call in line for this item um are there questions from Council mayor Dave grber C grber I want to point out that there are hundreds of pages in our uh agenda package tonight on these nine districts uh but I think the um Jacob you talked about the fact that we are increasing the debt limit from 100 million to 195 million but the um that's for all of them in total not each one in separate is that is that a true say that is correct right Chris yeah Allan do you want to address that for us please no it's it's I will Chris thank you can you hear me everyone yes I can the the issue that we have here is the way things are counted um I'll be brief as I I can counselor um in 2019 districts 2 three and N jointly issued $76 million in debt each of them with $100 million Deb cap but the way the bond lawyers have to apply that is 76 million to each of the the three districts even though that is not the way it will be repaid it's a tax issue uh for the districts same thing in 2020 with four five six seven and eight uh another 38 million counted five times effectively on each district the idea that we are uh pursuing here is to refund uh and recast all of the debt in one issue combining it all probably in 2024 2025 um and in order to be able to do that it's still then will be counted nine times um because each district will be pledging its share to the total but it's not allocated uh specifically to each district so it truly is a an arithmetic matter um related to the way uh the tax orders have to count the debt authorization when multiple districts combine to issue that to fund infrastructure okay this uh for this public hearing is for items number 11a through 11i so um mayor Pam uh yes just a question on that in terms of um because it sounded very complicated with all the different districts and how they allocated the the uh the debt um so if you're if if you were in a residential district then as a taxpayer you would only be responsible for your me Levy yes corre Tim Bergen let me take a little crack at a lay version of this the first answer to your question is you are correct you're only responsible for your M Levy irrespective of the debt that's number one number two we don't we don't have any residents in this case cuz we're all commercial number three the example I would give is the way the the tax lawyers get to work on this along with the bond lawyers is if we had 10 districts and each district had a $50 million debt authorization a lay person like myself would say well we can build $500 million worth of improvements but the answer is if each of the 10 districts agrees to share in that debt which is what we did at poros and velocity we think that's a a really healthy Financial structure then let's say we had a $45 million project and we did one bond issue for 45 million that one $45 million bond issue would have eaten up almost 100% of the capacity because the the tax and bond lawyers say each district could be held liable for the full 45 million so that's basically the 50 million of each one would be gone so it's it doesn't sound the way you a lay person would normally expect it to go but that's really what's going on here and I I hope as you all know poros has been a very successful project things are going very well a lot of exciting projects are being built jobs are being created in the city uh we've had a couple of very successful Bond authorizations we're in the process of constructing aund million in public improvements we need these increases uh if Council so willing please uh so that we have the opportunity to do a Consolidated refunding in three or four years there and end up with an even better Financial package thank you I really appreciate that explanation thanks thank you further discussion mayor um coun so I guess the other question is just have any of the potential tenants or existing tenants expressed any concern about the impact on their costs of the increase in taxes for the um for the new council member thank you for the question great question the answer is uh no they have not and one of the reasons is this will have no effect on their taxes or their tax rate their M levies are set and the M Levy will not adjust based on the increased debt authorization and in fact the real hope is that if we do a refinancing in the future that we can move towards reducing taxes as we go for every buyer is fully aware of and has fully disclosed the uh fact that the districts exist and they're aware of the M levies and I totally share your concern by the way council member especially when we're dealing with homeowners who are not familiar with districts who don't know what they are who have been caught by surprise in Colorado and I'm very sympathetic to that in this case the buyers are all commercial buyers with commercial companies and usually very very sophisticated notwithstanding that we go through a lot of disclosure walk through it with them some of them are from out of town and aren't familiar with districts but they're all well aware and even with the uh requested increase in debt authorization this evening it will have no effect of increasing a tax rate on any of the uh taxpayers within the districts further questions seeing none uh let me uh ask something of our City attorney in that uh I understand that I need to do these all separately and I just want to confirm that that we need to vote on them separately or can I join them together yes mayor if you could mayor the the public hearing for all of them combined was fine but you should vote on each one separately very well um is there further discussion further questions uh very well then the public hearing is now closed um um with cl now please read the so we've already read the title of number 11a I need a motion on 11a mayor to approve 11a move by council member grber seconded by Gardner seconded by council member Gardner to approve 11a discussion a see n please call the role on the adoption of item number 11a council member Mario yes council member yes council member Garner yes mayor proin Bergen yes council member hilts yes council member bersing yes council member Lawson yes council member grber yes council member Marcano yes the motion passes to approve resolution 2021 59 CL now please title to item number 11b it item 11b is resolution 2021 D60 a resolution to approve the velocity number two Metropolitan District amended and restated service plan um motion mayor a motion to approve item 11 B move by council member Gardner second by counc member gr to approve item number 11b discussion seeing none with C police call the role on the adoption of item number 11b Council guber yes council member Gardner yes council member Lawson yes mayor protin Bergen yes council member yes council member bersin yes council member Mario yes council member hiltz yes council member Marcano yes the motion passes to approve resolution 2021 -60 C now please read the title item number 11 C item 11c is resolution 2021 just 661 a resolution to approve the velocity number three Metropolitan District amended and restated service plan discussion I'm sorry motion motion mayor mayor move to approve 11c move by council member gr seconded by Bergen mayor pend Bergen to approve it number 11c discussion seeing none with C please call the the role in the adoption of item number 11 C Council me or mayor Bergen yes council member Marano yes council member guber yes council member Gardner yes council member hiltz yes council member bersin yes council member Mario yes council member yes council member Lawson yes the motion passes to approve resolution 2021 61 now please read the title to item number 11d item 11d is resolution 2021 62 a resolution to approve the velocity number four Metropolitan District amended and restated service plan motion mayor uh council member BS B thank you move to approve 11d move by council member Bon second by grber guber to approve item number 11d uh discussion seeing none public please call the role in the adoption of we number 11 D council member hilts yes council member Mario yes council member Marano yes mayor preton Bergen yes council member kums yes council member bin yes council member guber yes council member Lawson yes council member Gardner yes the motion passes to approve resolution number 2021 d62 V now please read the title to item number 11 item 11e is resolution 202- 63 a resolution to approve the velocity number five Metropolitan District amended and restated service plan motion mayor May motion to approve 11e been move by mayor pend Bergen to and seconded by uh council member C to approve item number 11 e um discussion seeing none when the clerk please call the role on the adoption of item number 11 e council member hiltz yes may proin Bergen yes council member Mario yes council member marcoo yes council member yes council member bersin yes council member guber yes council member Gardner yes and counc member Lawson yes the motion passes to approve resolution 2021 d63 we C now please read the title TI number 11f 11f is resolution 2021 64 a resolution to approve the velocity number six Metropolitan District amended and restated service plan motion mayor move to approve 11f move by council member Gard grber I'm sorry second and by second by council member Lawson to approve item number 11f uh discussion seeing none when the clerk please call the role is there discussion I'm sorry uh seeing none with the cler please call the role in the adoption of item number 11f council member bersin yes mayor proin Bergen yes council member Lawson yes council member kums yes council member hiltz yes council member Mario yes Council M Marano yes council member guber yes and council member Gardner yes the motion passes to approve resolution 2021 just 64 now please the title to item number 11 G item 11g is resolution 2021 65 a resolution to approve the the velocity number seven Metropolitan District amended and restated service plan motion mayor motion to approve item 11 G move by council member Garder second to by grber counc member grber uh to approve item number 11 G discussion no CL please call the role on the adoption of it number 11g council member Mario yes council member Lawson yes council member Gardner yes council member guber yes council member hiltz yes council member Marano yes council member bersin yes mayor proin Bergen yes and council member yes the motion passes to approve resolution 20216 will the CL now please read the title to item number 11 H item 11h is resolution 2021 66 a resolution to approve the velocity number8 to Metropolitan District amended and restated service plan uh motion mayor move to approve 11 each move by counc grber seconded by HS council member Hils to approve it number 11h uh discussion by saying n with cler please call the role in the adoption of item number 11h council member guber yes council member Mario yes councilor rosson yes mayor proin Bergen yes council member marono yes council member Gardner yes council member bersin yes council member kums yes and council member hiltz yes the motion passes to approve resolution 2021 d66 we call now please read the title to item number 11 I item 11i is resolution 2021 d67 a resolution to approve the velocity number nine Metropolitan District amended and restated service plan no motion mayor move to approve 119 move by council member guber seconded by B council member bers to approve item number 11 I um discussion seeing none with cler please call the role on the adoption of item number 11 I council member Lawson yes mayor proin Bergen yes council member Gardner yes council member ver yes council member hiltz yes council member Maro yes council member guber yes council member kums yes and council member Mario yes the motion passes to approve resolution 2021 d67 the Tom is now 720 uh city council will stand a recess till 7:25 to give staff time uh to do an announcement for the public call in line we are now in recess residents who would like to speak on an ordinance and have not already been screened please press star three 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 three Council will take a short five minute break to allow for any additional speakers to sign up up again please be patient and stay on the line until the operator is able to 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 [Music] operator [Music] [Music] [Music] [Music] he [Music] [Music] he [Music] a [Music] hey July 12th at the aora city council is now uh back in session um when the clerk please read the title to item number uh 12a item 12a is ordinance 20 21-23 an ordinance of the city council of the city of orora Colorado adding article 12 of the city code pertaining to vehicular public nuisances and um mayor there is somebody in the public call in line for this item okay um very well let's proceed with u the call in line Stephen Shepard I believe you are live on the line with city council you can go ahead thank you mayor coffen coffin excuse me and Aurora city council and a special thank you to Mayor Pro Tim Bergen for hearing our issues on this item I'm speaking today on behalf of the Denver Metro Building owners and Managers Association we're a 100-year-old Association representing owners and managers of commercial office industrial and other commercial buildings we realize that this issue is not Aurora alone to fix but we still believe this ordinance is a reasonable measure in line with actions taken in neighboring municipalities to help address this significant public safety issue most everyone's aware of a lot of the public safety concerns around street racing um especially since that has resulted in some deaths of human life that were not related to the issue itself however I'm coming to you today on behalf of our membership because over the last year our members have experienced firsthand the significant increase in street racing and the associated negative impacts that it has caused to them many properties have had to increase security repair damage to their properties resulting anywhere from $25,000 to one building report and Le up to 300,000 on a parking deck sealant that was destroyed it's also an increased in security and there's also been tenants who have been approached by the street Racers due to their business them being there on site when the racers have arrived when the street Racers leave um property managers have come behind to find not only the damage to the property but smash bottles shell casings and other things left behind showing what kind of business is being conducted on their properties by the street Racers themselves sometimes upwards of 100 to 150 cars coming on to a private property as you can imagine this is not an environment that many would feel safe operating a business so in that case these public safety concerns will likely lead to some of the tenants leaving those properties when their leases are up and our industry has already been affected heavily by CO as far as people coming back to their office and allowing their employees to work from home or remotely when they are able I appreciate your consideration of this matter and we greatly appreciate your continued work on behalf of the city of Aurora thank you I hope that all of you will Vote for This ordinance thank you are there are there further uh callers that was the only caller um um motion mayor yeah council member Bergen May uh thank you uh motion to approve uh 12a it's been moved by mayor P Bergen secutive by second uh second by council member mcconell to approve it number 12a uh um council member Bergen for a description thank you mayor and um I don't know I know have Lieutenant hannahan available for a presentation but I just wanted to make um a comment that this came about with a lot of the uh constituents that were complaining about uh the speeding and um and and just the fear from from a public safety perspective so this ordinance is really about trying to deter the illegal and and dangerous activity um so as you'll and I don't know if we're going to have a presentation but if we do you'll see that um that there is due diligence in here or due process I should say for um for those that have been contacted and they would be able to enter an agreement with the courts um so that they do not repeat that behavior so um I well I guess it cut me off so okay yeah Lieutenant H Hannan can you walk us through uh this proposal um you're muted Lieutenant you're muted Lieutenant havein with us disappear Chief Wilson he is with us I see a lot of uh network connections happening a lot of problems going on so if you'll bear with us sir let me text him but I know that he was on the line and prepared to present to councel okay mayor this is council member Lon can I ask the sponsor just a quick question please um mayor protim Bergen so I know we're kind of doing this as a pilot when would you expect the measurements to be you know to come back to council just for review to see if it needs to be amended how things are looking what's your anticipated time frame um thank you for that question um council member Lawson I would anticipate that it's going to take a while for the program to get going um in in that one year so I think closer to the end of that one year we would have probably some measurable results to to come back to council with okay thank you thank you further questions of the the sponsor while we're waiting for the lieutenant hanifen mayor council member Hills council member Hills well actually you know what I'm going to hold off because I wanted to also thank Lieutenant Hanan for his work which doesn't do much if he's not on the line so I will I will seed for now okay uh F questions further questions of the sponsor mayor Lieutenant Hannan are you able to hear me now oh yeah please proceed uh if you can walk us through the proposal yeah I apologize for that uh this ordinance will provide our our police officers and City prosecutors with a new tool to Abate the escalation of illegal street racing and roadway takeovers um we do believe this is a comprehensive ordinance that provides procedural Justice uh for the vehicle owner and or the lean holder um through various safeguards and protections very well questions of Lieutenant hannifan mayor counc council member Hils thank you uh I just wanted to thank the sponsor for being open to you know just evaluating this I think some of us had some questions just about some un tend in consequences which of course we want to make sure um that we take a look at and I want to thank Lieutenant hanin for all his work and patiently explaining uh everything during the last meeting on this and then also in my conversation with him afterwards um so just wanted to say thank you for all of the work that I know went into this it's a big issue like I said last time I've I've been caught up in a street racing um I don't know small event I guess I don't know what else to what else to call that so I know um you know not only from from hearing it and seeing it but also um kind of knowing what that feels like appreciate the work on on this specific issue so that's all thank you I'll obviously be supporting further questions or comments mayor Dave grber Council grber mayor I'm going to support this as well I appreciate the work that mayor poen Bergen has put together or has uh done uh to bring this forward as well as Lieutenant hannahan this was presented to the public Public Safety Committee and the idea of uh instead of trying to go after and capture uh uh people themselves they're identifying vehicles that are inside the uh the races that are partaking in the races and I think that's going to be an effective way uh to handle this I appreciate the fact that it's got a one-year uh clause in it where Council a council uh can bring this back and uh I think it's going to be very effective so I appreciate all the work that's been done further questions or comments mayor council MS um yes so I also just wanted to Echo the appreciation for mayor protm Bergen and Lieutenant hannahan on this issue quite a number of the streets where street racing takes place go through Ward five um and it's a very common issue I live near Parker Road so I can't sleep with my windows open without hearing the noise of the street racing and I know that's true of a lot of folks in W five I do know also that part of the reason that's true is because a lot of our roads have some serious traffic calming issues and so I do hope that in addition to addressing the street racing that we're also addressing some of the conditions that make it possible including those streets that are very ripe for this type of activity so thank you and I will be supporting this further uh questions or comments item number 11 I'm sorry item number 12 a mayor uh Council M thank you sir uh yeah I also want to thank mayor preten Bergen for bringing this forward and for listening to our concerns being willing to make some tweaks um we have a lot of this issue in W 4 as well on 225 on Yale on Peoria uh and I'm hopeful that this will begin to curb uh that activity and I'm also want to Echo council member kum's comments around um you know utilizing our Traffic Engineers to um you know add some calming mechanisms to our thorough Affairs um and that's something that I'm excited to talk to youall about at a future study session as well um from some of the things we brought back from Carmel so thank you further questions or comments mayor uh Council Mario thank you um yeah well you know I'll Echo a lot of the comments that have been made um I've often and I guess recently I've gotten comments around street racing concerns um in W one so I am um you know eager to see how an ordinance like this um may help curve that um I think that well one of the things that I like is the that it's a one-year pilot and that we'll have an opportunity to review the data review the effectiveness and not just leave it um in perpetuity so I I think that's probably one of the the positive um mechanisms built into this ordinance so I'm looking forward to um seeing the outcome of those results uh in addition want to also Echo uh support for other traffic calming initiatives to me this feels like one part of a larger conversation um I spoke with a constituent of mine who had voiced some other um areas to to look into not specifically related to the ordinance but um you know what what is the you know drivers that look like for our Public Schools curriculum um you know are there other the ways low cost ways like roundabouts or you know um retrofitting uh our current streets with roundabouts I um I've seen kind of some of some examples in Denver um not building out a full thing but just other ways uh to to deter that and I um think specifically when when residential streets are close to industrial areas I think that's um you know kind of like a prime area for some of this activity to to occur um and does cause a lot of neighborhood Hood disruption so I just wanted to share my thoughts um and support for for the ordinance further questions or comments mayor uh mayor P um no I just want to thank everyone uh for supporting the ordinance and also um huge thank you to Lieutenant hannahan and uh thank you specifically also to council member hiltz for proposing the pilot I think it is important to evaluate the program so I want to say thank you further questions or comments I just want to um say that that and urge a yes vote uh on this proposal I think it's a very tough proposal uh but but I think tough is needed uh in an activity that is so dangerous uh in risking the lives of of others than street race the street racing enthusiasts that uh um that I think you know endanger our neighborhoods so um um with that um with cler please call the role on the adoption of item number 12a council member grber yes Council pums yes councilman Ron yes mayor protin Bergen yes council member Marano yes council member Gardner yes council member bins yes council member hilts yes council member Maro yes the motion passes for the introduction of ordinance number 2021 just 23 uh CL now please read the title to item number 12b item 12b is ordinance 2021 just 24 for an ordinance of the city council of the city of aora Colorado amending sections 54-4 of the city code pertaining to terms of council members vacancies by adopting a new subsection C pertaining to remedies or penalties for non-compliance with article 3-7 of the city Charter of section 54-4 of the city code Dan brosman for our presentation this ordinance modifies the penalty provision uh applying to 54-4 the the vacancy uh appointment of for a vacancy from the general penalty provision to uh either a special election or the general election depending on the timing of the vacancy uh questions of the City attorney City attorney or mayor couns um yeah so this still would mean that any failure to app Point um at any time without a charter change is still a charter violation correct so we just don't have the penalty but we would still be in violation of the charter or any future Council would still be in violation of the charter until a charter change was implemented on this issue correct that's correct uh we can't modify the the charter provision through an ordinance that actually has to go to a ballot question further further questions or comments or further questions of the city ATT attorney mayor council member Lawson Council Lawson um City attorney brosman I just have a question I just want a clarification so the last council meeting I asked you who could bring the action towards the council and you told me it was the city but in the last paragraph of your consequences for failure to a point and please clarify if I have this wrong you said someone could bring in action so does that mean someone in the city so it could be anyone is that correct so it's not just the city manager or the city it's now from based on your opinion anybody in the city could bring an action toward City Council Members is that correct yes there actually two pieces one is the criminal violation the general penalty Clause that would be brought by the city manager and the police department could could they shown a ticket for that a civil action could be brought by someone other than City staff there is a 1940 Colorado Supreme Court case for uh an action under Mand damus that could be brought to against Council to to move this forward the most likely scenario because of the tie because of a non-appointment is a vote short of getting their developed M done that that's most likely scario again the points out we in previous cases you know Dan you're coming in a little broken Dan you're coming in broken I wonder if it would however it does open the city up to risk because uh litigation could be brought okay mayor basically there's just a there's a there's a criminal and then there's a civil penalty so um two actions could be brought against City Council Office for violation of the chart that that is correct that's correct further discussion mayor uh mayor pretend so the Way It Was Written um with with the um penalty for non-compliance with filling the vacancy but the the charter says by majority so it did not address having a tie vote so I I'm supporting 12b because there's not enough clarification in terms of um if you don't have a majority you don't have a majority and so how could you you know face criminal charges for that vote if you're if you're deadlocked so um I will be in support of 12 further discussion mayor mayor council M Lawson um I just wouldn't like for maybe the mayor proem to make uh just for a recommendation there seems to be some some Charter things in here maybe we could have a committee or something where we can maybe press through some of these issues and bring them to the voter we may you know it may go to Future councils but I just suggest maybe having some type of committee or something to review this Charter from the beginning to the end so we can make sure and have things go to the voters as needed because this is problematic with clarification and also just knowledge base of what the charter supposed to do plus the rules so just a recommendation mayor I'm sorry council member arano I think was next can I can I respond okay may yeah thank thank you council member Lawson for that because I do think um the rules committee needs to be reconvened um we've we've had kind of a busy uh few months but I think we need to reconvene and look at um you know matching that up because it doesn't currently clarify any of this for us and it make makes it very very um problematic and I I would certainly like to go over the cost of what a special election would be uh and then you know how far out there should be a special election uh council member thank you sir uh so I want to address a couple of things that got brought up so uh I agree with the charter Review Committee that's something that we had discussed with our former city clerk and our former mayor PRM uh and then Co happened so as you can imagine more pressing things um stood uh you know came up uh but the idea I think that we we were floating was making that a um like a border commission uh that would meet every few years and then refer to us suggestions to update the uh the charter apparently this something that other municipalities have in place and I think we're long over due to have one um and then on the special election question I know that I think a lot of us agree with uh that instead of you know Council having the uh Power of appointment um this is something I've already begun dialogue with rapo County and their Clerk and Deputy clerk about I'm happy to Loop y'all in um because you know obviously we would want to put that on the ballot for the voters um and we can talk about timing I was hoping maybe next year um just because we're already getting really close to the election this year um but you know definitely up to collaborating on that as well okay very good further discussion on item number 12 um I'm sorry who was it B was one somebody else council member vers go ahead thank you U Mr brodman we at two people two council members ask you to get a second opinion on the word shall um did who did you do that yes uh I I chatted with the city attorney for Westminster because they had recently gone through this I chatted with David Broadwell who's the general counsel for the municipal league and then with Nancy Rogers who used to work for Aurora who is now the City attorney from Broomfield and Broomfield has a vacancy as well so uh s sent them sent them the research had them look at it and they you know they they agree with the case law that has been cited in the memo saying shell is a mandatory term so it's something Council must do okay so how is it that the language in 2014 was not mandatory the shall but now in 2021 shall is mandatory story I I I don't understand what has changed since then and you're referring to the ballot question concerning pit yes it says shall the people and you said that was that was just an advisory that that shall was advisory but now here it says uh the council members shall appoint so what what's the difference what's changed and it's how it's how it's actually in the sentence and in in the ballot question that was presented for pit bulls and again we I'd be happy to and have staff give you the memo that's being uh generated in the in the current litigation that's going on regarding the Pitbull organs but but there's a difference in where it it it is in the sentence itself okay I've never heard of that but um yeah that's still confusing um and if I can continue um yeah the the not the notice that you sent us the three page memo um the LA the last paragraph is it it it's just seems to me like it's so uh I don't know how to say it other than it's kind of gobbley Goo it one sentence kind of goes in the in a different direction than the the one in front it someone could bring an action but the action would face a major hurdle but even if this happened um we don't have the the method to to to do this I mean it it just doesn't make any sense to me I I and part part of the difficulty in this again the 1940s uh Colorado Supreme Court said you can someone could bring a mandamus action but at the end of that the judge has to say that's great Council must resolve the tie again there is no method in our Charter in our code in our rules that that tells the judge how that's supposed to happen there's no case law on how that's supposed to happen so the judge would say the same thing that we all understand right now which is we need to break the tie there there just isn't a way right now unless unless Council comes to an agreement later tonight there's no method on that on how that's supposed to happen so the judge's rule would be that you shall resolve this issue there so so yes it's a it it's a little bit fuzzy it's because of that can somebody bring that can somebody take it to a judge sure and the judge will say the same thing which is Council needs to resolve that but there's no method as to how get okay so you're right it is it is fuzzy very fuzzy right okay thank you further discussion questions City attorney CS so just following on from my previous question so we cannot actually address the problem like really fix it without changing the charter so my question is why would we pass an ordinance that says we're not liable under the general penalty provision for violating the charter when it seems like like the issue could be resolved and this doesn't also apply to us right now it applies to some future Council so if we're addressing it for a future issue it doesn't apply to our current issue because it's too close um in Timeline why wouldn't we instead focus on addressing the charter issue which then we wouldn't have to figure out how we get out of penalties for violating the charter because we've addressed the root cause so I guess to me it's not clear that this really does anything um other than tell us you can do a special election sometime in the future but in the intervening time we could just fix the problem in the charter and have the charter say you can have a special election instead but I think Dan um if I'm standing understand this we still have to go so we could do a referred measure I don't know if we're within the deadline that's a question for the city clerk um to the voters but that wouldn't be decided until the election correct corre so yeah to clarify um May if I may this also doesn't help us better resolve this before the election because this doesn't apply to us until we've gotten past the date that we would need to do the appointment so we still have to do the appointment anyway uh City attorney would you comment on that so if if you fail to appoint by July 29th what this would do using the pending ordinance Doctrine as part of this so This removes the general penalty provision from plight so there is no conversation about a criminal issue for city council this removes that and simply says that we're in violation of the charter there are other issues that may come up but the criminal piece of it is gone and would not apply to this Council mayor uh C mayor prend yes and I I see this as basically remove yeah removing the violation because it it really doesn't make any sense when you have a when you have the charter saying that you you you know shall uh appoint someone bu a majority but yet we can't reach a majority because we're deadlocked there there's not that part B and and without the part B should I don't really think we should um be charged with criminal you know charges for our vote I mean it's our vote and and if we're Deadlock were deadlocked I mean what are we supposed to like force someone to change their vote and against their own values I I I I think this is necessary until we can resolve it otherwise you know with with the rules and and try to um try to remedy it but to me it would make no sense to to charge someone criminally for not being able to um change their vote when when that that's their voting with their values F further discussion question BR thank you don't we have immunity uh no not in this not not in this case that that's why this is being proposed okay further discussion seeing none the question before is the adoption of I don't know I'm sorry is your further discussion Dave guber I move to approve 12b oh oh I'm sorry there was no okay uh move by council member guber seconded by Bens council member bsin to approve item number 12b uh is there any further discussion um seeing seeing none with click please call the role on the adoption of item number 12b council member B yes council member Mario yes council member hilts no mayor proen Bergen yes council member no council member Gardner no council member Lawson no council member marono no and council member grber yes okay the vote is no five votes yes four votes the motion does not pass we C now please read the title to item number 13A item 13A is ordinance 2021 just 22 an ordinance authorizing the use of lease purchase financing to acquire certain equipment during the 2021 fiscal year pursuant to the terms of an equipment lease purchase agreement by in between the aora capital leasing Corporation as leaser and city of aora Colorado as lease authorizing officials of the city to take all actions necessary to carry out the transactions contemplated hereby and other related matters uh brief presentation by staff this is Terry can you hear me yes okay this item is regarding the lease purchase of seven vehicles for Public Works six dump trucks in an asphalt machine as well as eight vehicles for fire the lease will not exceed $10 million for a term not to exceed 130 months at a rate not to exceed 5% are there any questions a questions to staff I seeing none uh is there any discussion uh seeing none um motion I'm sorry mayor move to approve of 13A move by council member grber seconded by Phils counc Hills to approve uh item number um 13A uh any further discussion uh seeing none the question be for since the adoption of item number 13A would the clerk please call the RO council member Mario council member Mario my apologies uh will you repeat the agenda item number one more time we are at item 13A um in ordinance okay sorry I lost my place after that conversation thank you thanks council member guber yes mayor proin Bergen yes council member bersin yes council member Lawson yes council member Marcano yes council member Gardner yes council member hiltz yes council member yes the motion passes to adop ordinance 2021-22 when the cler please read the title to item number 15a item 15a is orance 20212 uh for Annex annexing a certain municipally owned parcel of land located in the Southeast quarter of section 12 Township 4 South Range 66 West of the principal Meridian County of rapo state of Colorado 12.6 Acres motion mayor counc to approve 15a move by counc cono second by ber May prend Bergen to approve item number 15a brief description by staff yes good evening mer Hoffman and members of city council this is Laura rickoff with the office of development assistance can you hear me yes yeah all right the two annexation ordinances being introduced at this evening's meeting are for several contiguous Parcels of city-owned land being presented as two separate annexations the E470 Remnant and the Triple Creek confence Parcels I will now summarize both annexations as they are similar in nature these city-owned properties will be maintained into the future by the parks recreation and open space Department as open space and both are intended to conserve open space and habitat along the Triple Creek Greenway Corridor this conservation effort will preserve City Wetlands Plains riparian habitat active bald eagle nests and extensive prairie dog colonies the E470 Remnant annexation the first annexation on this evening's agenda consists of three contiguous Parcels of land comprising 12.7 Acres the Triple Creek Confluence annexation the second on this evening's agenda consists of six contiguous Parcels of land comprising about 129 Acres both annexations fall within the city's prescribed annexation boundary and meet statutory contiguity requirements the process for annexing City owned land follows state law and these annexation ordinances will be considered over this meeting as the ordinances are introduced and the following regular council meeting on July 26th for the final reading of these ordinances once City jurisdiction is established by these annexation ordinances these properties will undergo the initial zoning process through city council for consideration and both annexations are proposed to be zoned as parks open space District No improvements other than a future Trail are planned for either area and this open space zoning is consistent and compatible with the surrounding planned and existing developments uh with that staff representatives from the parks department are also on the meeting this evening and we're happy to answer any questions that you may have thank you for your time any questions to staff uh seeing none thank you very much uh a discussion seeing no further discussion the question before is the adoption of item number um 15 um a uh 15a uh with the call the all council member Kum yes council member Mar yes council member guber yes council member hiltz yes council member Mario yes council member bersin yes mayor p b yes council member Lawson yes and council member Gardner yes the motion passes to approve ordinance 2021 -25 with the CL now please read the title to item number 15b item 15b is ordinance 20 21-26 an ordinance annexing a certain municipally owned parcel of land located in the Northeast quarter of section 11 and in the west half of section 12 Township 4 South Range 66 West of the six principal Meridian County of arapo state of of Colorado 128. N7 Acres uh brief description by staff thank you this is Laura rof again with the office of development assistance so this is the second of the two annexations being considered this evening um which I mentioned the Triple Creek Confluence area and this is the six contiguous Parcels of land um also intended to be preserved as open space um approximately 29 Acres uh questions to staff a motion mayor move to approve 15b move by council member grber seconded by second second I'm sorry uh second by council member Lawson to approve item number 15b um further discussion uh seeing none with the clerk please uh call the RO on the adoption of item number 15 Dean B council member Gardner yes council member hiltz yes mayor pertin Bergen yes council member guber yes council member bario yes council member Marano yes council member yes council member Lawson yes and council member bersin yes the motion passes to approve ordinance 20 21-26 Will C now please read the title to item number 17A item 17A is War 2 council member vacancy appointment city council considering appointing one candidate to the War 2 council member vacancy motion mayor uh mayor ptim motion to appoint Steve sunberg is there a second second it's been moved by mayor protim Bergen seconded by uh council member grber to uh appoint Steve sunberg uh to the war to uh Council vacancy um discussion seeting with the cler please call the role on the adoption of um the mayor PM's uh motion uh to appoint Steve sunberg to fill the vacancy uh forward to award city council mayor Kaufman yes mayor proin Bergen yes council member bers yes council member kums no council member Gardner yes council member guber yes council member hilts no council member Lawson no council member marono no and council member Mario no the motion does not pass with five votes are there further nominations mayor uh council member moo move to approve Dr Ryan Ross to fill the vacancy forward two been moved by council member moono seconded by second by council member Lawson um to appoint uh uh Dr Ryan Ross to fill the W to vacancy discussion mayor um Council robs yes so I just want to express my reasons for supporting Dr Ryan Ross as we know um from the memo included in the backup a term on Council uh last four years so the election that took place in 2017 is the election relevant to this appointment um and I believe that we should represent those values that were expressed by the voters in 2017 as we fill out the remainder of the term for which they voted in 2017 um and I think Dr Ryan Ross does that the best in addition um lest anybody question it he is also eminently qualified he has a great deal of experience working in our community college system and we all know that education and jobs are important to our community at this time as we're coming out of the covid-19 pandemic and his expertise would be really valuable in that um in addition he has experience with mediating and addressing bodies that are in conflict and that don't necessarily agree on the topics that are under discussion as represented by his role in our community police task force and so I would ask that folks really consider those qualifications and those values um and not just their personal preference in making decision iions on this vote further discussion I seeing none with the cler please call the role on um uh Dr Ryan Ross to fill uh the vacancy the award to vacancy for city council city mayor Kaufman uh no mayor proen Bergen no council member bersin no council member yes council member Gardner no council member guber no council member hiltz yes council member Lawson yes council member marono yes and council member Mario yes the motion does not pass with five votes further discussion um I'd like to move that we uh lay over item number 17A until the next regular meeting of the RO city council second grber that's been moved by the mayor seconded by council member breber uh discussion mayor uh council member comes um we already did that once we already received answers to the questions that we posed um so I don't see the purpose or value in doing that further discussion uh see none the question before us is uh uh to lay over uh item number 17A award to council member vacancy appointment until the next regular meeting uh would the clerk please call the role mayor Kaufman yes mayor proen Beren yes council member bersing yes council member no council member Gardner no council member guber yes council member Hils no council member Lawson no council member Marcano nope council member Maro no the motion does not pass with four votes is there a motion further are there further motions Council mayor I move to approve Steve sunberg to the W 2 uh vacancy uh it's been moved by council member Brewer seconded by bin bersin to appoint Steve sunberg to the fill the W to fill the W to vacancy discussion uh seeing none with the clerk please call the role uh on the grou motion to appoint Steve sunberg to fill the appointment of the war to vacancy mayor Kaufman yes yes mayor proin Bergen yes council member bersin yes council member no council member Gardner yes council member guber yes council member hilts no council member Lawson no council member marono nope and Council member Mario no the motion does not pass with five votes a motion mayor um I'm sorry Sor May pretend ber ber yeah I guess my question is are we going to do this all night and just be deadlocked because I think that's the way it's going and it's kind of ludicrous seriously to waste everyone's time just having the same votes and that's looks like that's what's going to happen my mother I just got notified is in the emergency room so if we want to just play games and I guess I'll be here till 5: in the morning listening to this tie vote over and over my motion would be to please let the voters decide in November okay is there a second to that motion second vers it's been moved by mayor P Bergen second by uh council member bins uh to um um to lay the appointment over uh until U the election uh thereby allowing the voters to make that decision discussion mayor C thank you I strongly agree with the spirit of that but what you are basically saying is let's just violate the charter it doesn't really matter I guess I mean that's unacceptable to me and I think that we need to come to some kind of conclusion one way or another here mayor sorry um who is it I'm sorry I missed May mayor PR if that makes sense if we can come to resolution I don't think we're going to come to resolution so we're going to be in violation of the charter regardless further discussion saying no further discussion the question before us is the um the mayor Pro Bergen uh motion uh to lay item number 17 o uh a over uh until the election uh thereby allowing the voters to decide um with the clerk please call the role mayor Kaufman uh yes mayor proin Bergen yes council member bersin yes council member kums no council member Gardner yes council member Gruber yes council member Hils no council Lawson no council Marano no council M Mario no the motion does not pass with five votes motion mayor counc thank you I moved to appoint Steve sunberg as the ward to interim uh and for the people at home that don't know him he moved to Aurora in 1997 and he has been an aurora resident for that long he knows the area he then he also uh bought his home in Aurora in 2003 so he has lived in w three W two sorry you got three on the brain uh W two since 2003 and he's seen the changes he's seen all the building he knows neighbors um you know he he's worked in Aurora his father he his father has a business in Aurora which he's taken over so to me he is a logical choice because he's been here he knows the area he knows the business uh he's the true auroran to to um work in in and for w two because he that is him so that's why I I'm suggesting that he is the correct person for this job thank you I'm sorry was there a second to that motion grber second oh council member grber was a second further discussion mayor CES I think it's pretty disrespectful to Dr Ross to suggest that he's not a true auroran as someone who also contributes to our community also lives in the ward he's eligible for the vacancy um and also has a business in the city so I just I want to be very clear that the implication that some people are truer aurorans than others is really unacceptable to me we're all aurorans we all here we all work here here we all play here this is all of our home and so it's just really ludicrous and disrespectful further discussion I seeing on the question before us is the uh adoption of the bersin council member bers Amendment uh I me sorry council member versus motion to appoint Steve sunberg uh to fill the war two vacancy for the or city council uh will the pl please call the role mayor Kaufman uh yes mayor protin Bergen yes council member bersin yes council member no council member Gardner yesil member guber yes council member hilts no council member Lawson no council member Marano no and council member Mario no the motion does not pass with five votes a parliamentary point of inquiry to the City attorney in that uh what constitutes a settled question and and in this case uh it's still it's still open so this is one that will require you to either come to an agree either find a majority or come to a an agreement to find a majority or you you can again lay over as as a request was made earlier by a majority vote motion motion is an order mayor council member kums move to appoint Dr Ryan Ross to the W to vacancy it's been moved by council member kums seconded by second council member Mar to appoint Dr Ryan Ross to fill the W to vacancy discussion seeing none with the cler please call the role on the kum's motion to appoint Dr Dr Ryan Ross to fill the W to council vacancy mayor Kaufman no mayor proin Bergen no council member bersin no council member yes council member Gardner no council member grber no council member hiltz yes council member Lawson yes council member marono yes and council member marel yes the motion does not pass with five votes a motion is in order mayor that's to appoint Dr Ryan Ross to fill the word two vacancy mov by council member Mar by council member Mario to appoint Dr Ryan Russ to fill the war to vacan C discussion mayor uh Council M marial thank you um you know I had voted for the prior ordinance uh to really express my desire to let the voters resolve future issues like this I imagine as was stated by another council members this is going to last a while um and it does feel like a waste of time but I mean for me it's really this is regardless of that outcome of the prior vote it didn't allow us to abandon our responsibility to appoint somebody for our Charter so for me the vote is really representing the uh for us is honoring the will of our voters um and to uh act on what is prescribed of us and I think we are um when we think of the will of the voters We Have Heard time and time again um from myself from other council members per uh our former council member um and through the ward to vacency interviews that Dr Ryan Ross best fits the um uh the will of our voters right when we look at the makeup of War I um and this is publicly available data the Democratic registration for the area for War I is about 37% um which is about a double of of what you would see um on the uh GOP registration in terms of Voters so again we're trying to get at the most representative person to fulfill the will of the voters and um there have been really positive things said about both candidates I you know um and on on merits in that regard I still would say that Dr Ryan Ross is most qualified in addition to the fact that we are still trying to fill a vacancy to fulfill the will of our um Bo two voters from the last election so to me we we are fighting for for those values um to to honor um the values of our de democracy and our Democratic process a further discussion on this nonpartisan appointment mayor counc M thank you that's a great little segue um I just want to point out that in the time that I have lived in Aurora um I don't think y'all have ever really had an issue filling a vacancy and in this you know nonpartisan air quotes wink wink uh role y'all have had Republican majorities in Aurora and you've appointed Republicans to fill those vacancies that's just the lay of the land that's real this is the first time we've had an issue because we actually have more diversity of thought on Council presently than I think we have had previously and that is why we're having this frankly this pissing match going back and forth I I just want to State for the record that if something happened God forbid to any of you I would vote to appoint someone who shares your values because I don't believe we should have this power uh I want us to in fact give this power back to the voters next year but I would and I would expect that y'all would do the same for me I think it's insulting to the people who turned out when we ran for office to usurp their will quite frankly uh by appointing someone who aligns with some of us politically I think that what we should do in this role is with this power is to the best of our ability appoint someone who reflects the values of the individual that we are replacing and I know with some of these vacancies in the past the people who were stepping away have actually made their suggestions and those were to the best of my knowledge honored so the fact that we're going around and around here is why I describe this as an attempted coup to thwart the will of the voters in 2017 so I would ask again to my colleagues in good faith appoint the person who actually does represent the values of the person who we are trying to replace and let the voters decide who's going to fill that seat in November for the next four years further discussion mayor uh Council morio uh thank you um you know another point I think of the two candidates that have been named tonight and we've debated in Prior Council meetings one is already on the ballot and one it has made it very clear that they are not going to be running for the war two seats so I think we are also unfairly influencing um our election process this is the rare opportunity that that would be possible and if we're appointing somebody who is already um on the ballot we are unfairly influencing the outcome of our upcoming election we we know that there um may be potential advantages to having that name recognition um being in the interim uh position so again on top of the many other reasons that I've stated many times before today um and today uh I just don't see how we can overcome that that fact um that we'd be giving an unfair advantage in this next election um if we were to appoint one um of the two names that have been put forward and that would be Mr sunberg further discussion mayor mayor uh mayor mayor yes so if we let the voters decide in November then we would not be filling the vacancy therefore no one would have an advantage we just let the voters decide and we don't know why the voters vote for certain people we're just making assump further discussion mayor council comes to clarify we should let the voters decide who they want to vote for for the 2021 to 2025 term in 2021 but the voters in 2017 already voted on the 2017 to 2021 term and again I agree that this isn't a power that should be Grant granted to council right now it's a responsibility that is given to us that we need to address until we can fix the charter mayor further further discussion Council uh mayor prend yes um Dr Ryan Ross was not on the ballot in 2017 so that voters did not vote for him further discussion mayor uh council member Marell thank you uh that's correct Dr Ross did not run for office nor does he intend to seek office in the future however council member Johnston did run for office has uh and has identified that Dr Ryan Ross shares her values and that is the person that she is supporting this has been very easy for Council to do in the past and again the only difference now is that we actually have a politically ideologically and and from a partisan affiliation standpoint diverse Council and some of yall are trying to use this as an opportunity to win a majority that frankly you didn't earn so do the right thing and let the the upcoming election decide how the city is going to look for the next two years until 2023 further discussion mayor council Ms by way of example um as far as appointing people who don't intend to run again um this Council appointed Bob leair to fill the mayoral vacancy and one of the considerations that was stated and that was taken under advisement was his not having the intent to run in 2019 for the seat of Mayor and so if that was a valid justification in 2018 um it's not clear why that's not a valid justification in 2021 especially when so many of the council members are the same people who made those votes and were seated at that time further discussion seeing none um let's see what where are we at sorry what who made whose motion is this this was I believe mine and seconded by counc Moody if I'm not mistaken okay uh um motion before us is the adoption of the council member Marano uh a motion to appoint um Dr Ryan Ross to fill um the vacancy uh forward to of the or city council uh with the pl please call the RO mayor uh no mayor Pro Bergen no council member BS no council member yes council member Gardner no council member guber no council member hiltz yes council member Lawson yes council member marono yes and council member Mario yes the motion does not pass with five votes motion uh mayor will entertain a motion mayor can I move that we take a five minute recess uh without objection uh 5 minute recess the time is now 8:33 uh is there objection okay without objection uh time is down 8:33 we'll take a break until 8:38 Council stands in [Music] recess [Music] for [Music] [Music] Fore way for for [Music] foree [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] o the city council is is back in session uh motion mayor uh counc M move to to appoint Dr Ryan Ross two vacancy move by council member seconded by council member Mario to appoint Dr Ryan Ross to fill the War I vacancy uh discussion mayor uh council member Gardner thanks so I I have a question um you know several of those council members that are voting for um Dr Ross have made the um charge that they're voting for him to replace council member because he's most politically aligned and so I'm curious did any of you meet with Steve sunberg um because I did um I met with both Dr Ross and with Steve sunberg uh to find out what their um ideologies were to find out what they thought on several different issues and and so you keep making this charge that Dr Ross is most closely aligned with Nicole Johnston and so I'm curious are you basing that solely on party affiliation or did you actually take the time to do your job and meet with the the applicants for this position further discussion mayor mayor um I'm sorry go ahead Council Ms council member marel go ahead just kidding I will go uh yeah fortunately council member Garder you don't prescribe what what doing my job looks like um I am basing my opinions off of Nicole Johnston herself former council member Nicole joh Johnson I I'm not sure what else um how more clear than representing the the former council members uh political Direction intent of the voters will of the voters then by that person themselves and I you know I did follow the process and um I interviewed the candidates um equally during the prescribed time during the War I vacancy process along with the other um candidates y mayor council member mcon thank you uh yes council member guarder I actually did meet with Dr Ross he reached out to me um Mr sunberg did not reach out to me um and then we also went through the interview process as well uh further on top of that I actually looked up not just affiliations but you know contributions and things like that and I also found that Mr sunberg is a trump supporter at least was in 2016 and I know for damn sure that Donald Trump got clobbered in War I so I took a lot of different things into consideration the fact that he's against the minimum wage the fact that he had no substantive answer for affordable housing the fact that he supports a camping ban in fact in spite of council member Johnson being adamant against it and I could go on I don't want to drag somebody without them being here to defend themselves but yeah it took a lot of stuff into consideration so thanks for your inquiry further discussion mayor um I'm sorry umons yeah so like wise um Mr sunberg views on a number of issues are public because he is a current candidate for office and has made public statements and because he did participate both of their views are public because they participated in a forum with members of the public and an interview with members of council um and made their views on issues public and it was clear from those public views that Dr Ross is more aligned with council member Johnson and there are a number of areas where Mr sunberg has been vfly opposed to positions that council member Johnson took um I don't think we have to have private meetings with individuals off the Record to get an understanding of their positions when their positions are made public mayor mayor M Gardner thanks so first of all there's a lot to to unpack there um so first of all I find it interesting that all three of you are criticizing me for asking you to have a private meeting outside of the public process when all three of you have asked me at various times to meet with stakeholders related to items you're bringing forward so you're obviously not opposed to private meetings you're just opposed to private meetings in this case so we'll check that box the next is it sounds like what I heard was former council member Johnson told you how to vote and you're voting based upon um party affiliation essentially so I I just wanted to make that clear I'm glad we got that out of the way so thank you mayor um I'm sorry who's this counc Maro thank you I think you're putting words in our mouth number one council member Garder and I really do not appreciate that because I actually do have respect for you but if you behave that way I'm going to lose that very quickly number two it's a lot more than party affiliation it's about values party affiliation can be shorthand for values but as we already know not all Republicans not all Democrats are cut from the same cloth um and yeah wow sorry I'm just really surprised to hear that from you and number three the values of the former council member which is the person who was duly elected remember duly elected by the people of that Ward absolutely weigh into consideration we I don't represent Ward 2 so I take what the former council member from Ward 2 who the person that they endorse and then the values that they fought for while they were on Council and the values that the person who's applying for the vacancy stated during our public interviews and when I got to meet with Dr Ross privately and heavy consideration and that's how I arrived at my conclusion so thank you f discuss mayor mayor council member HS council member H thank you um a few things I you know Nicole is one of my dear friends personally and also a colleague but she left so this is where we're at um and that means that anything's on the table and I I did meet with both uh well I had a conversation with I wasn't able to meet in person um with both Dr Ross and Mr sunberg and to be honest there were things with Mr sunberg that I agree with I I don't want to get into this you know just getting back and forth and and tearing people down because they don't agree with us um but in the in the you know list of things that I prioritize not Nicole me I prioritize um Mr sunberg and I just have a difference of opinion and philosophy on some of that and that's okay and I welcome that and he's you know running his campaign on that but I appreciate him taking the time to put in for this and I just I want to make sure that we're being respectful of the people who did run um whether or not we're voting for them because I think with each round especially in light of how last time went that that gets worse each round and so I do appreciate both of them taking the time to have a really long conversation about um you know different things so that's all I just wanted to say that than further discussion mayor um Council M Lawson um so Council um council member Gardener I did meet with Dr Ryan Ross unfortunately me and Mr sunnenberg which I do appreciate him reaching out to me we our our schedules did not connect so that's on me as well um I do what I'm basing it on I'm not I'm looking a little bit beyond what maybe some of my colleagues are saying I when looking at some of the questions and looking at the interview piece um that's how I'm kind of looking at how they answered and addressed some of those issues so for me um Mr sunnenberg had some good ideas and some good good points of view I have to give him that but with Dr Ryan Ross one of the things that was very very important to me that I asked him directly because I was told that he did not want to be run at all and then one of the questions that when I asked him I asked him bluntly why are you running when you didn't when I thought that you didn't want to run and he said that he wanted to do it and that means a lot he just wants to is not for to put something else on his resume he wants to work for the people in War I and so again I'm not saying Mr sunnenberg doesn't want to do that but I'm just letting you know that yes Mr sunnenberg did Reach Out to me we did not connect but I based it on what the interview questions were and how people responded to those questions so I'm not even looking at a political affiliation I'm not even looking at what council member Johnston represented in 2017 hearing from some of those individuals and and there's a divide there's people that like zenenberg and there's people that like Dr Ross um for me it's how he actually addressed the questions how each of them address the questions that's how I'm looking at why I'm choosing Dr Ross over Dr sunnenberg it doesn't make it any make either one they both had good responses on the certain questions it's just certain things that I didn't agree with Mr sunnenberg on and there's there's a couple things that I didn't agree with um I didn't agree with Dr Ross on but for me Dr Ross would be the more appropriate person for this position at this time and he's not running Mr sunnenberg will and definitely you know he's running in the race so um that's kind of where my position is coming from with my meetings and um why how I'm looking at things from this appointment perspective further discussion uh seeing none it's this um Council M Marcell this is your motion am I correct no I believe it was council member kums this time oh council member kums uh okay uh we the question before us uh is uh the motion by council member kums to appoint Dr Ryan Ross to fill the ward to vacancy um would the clerk please call the role mayor Kaufman uh no mayor protim Bergen no council member bersin no council member yes council member Gardner no council member guber no council member hiltz yes council member Lawson yes council member Marano yes and council member Moro yes the motion does not pass with five votes um chair will entertain a motion mayor uh council member cono I mean council member Mario I mean you've mistaken voices before but no I better pay attention I'm sorry uh I I move to appoint Dr Ryan Ross to the board to coun vcy been moved by councilman Mario seconded by second by councilman Rano to appoint Dr Ryan Ross to fill the W two vacancy discussion mayor I have a question uh um m p Bergen um yeah and this would be for the attorney um I'm waiting to hear how my mom is doing in the emergency room she lives in Colorado Springs if I have to leave the meeting is it correct that it would still require six votes um for um for Dr Ross to be appointed that is correct okay thank you very well um what are your plans mayor Tim I'm just texting with my sister and waiting okay well you're we are um you will be in our prayers your mother your family um sorry what is council member Mario motion where are we sorry um we move by council member moio second by council member mcconell to appoint Dr Ryan Ross to fill the war to can see any further discussion I seeing none with please call roll on the Maro uh motion mayor Kaufman no mayor proin Bergen no council member bins no council member yes council member Gardner no council member guber no council member Hils yes council member Lawson yes council member Marano yes and council member Mario yes the motion does not pass with five votes um chair will entertain a motion mayor uh Council Mario I move to nominate Dr Ryan Ross for the word to vacency it's been moved by Council Mario second by second CC mums to appoint Dr Ryan Russ to fill the war to vacancy for the or city council uh discussion seeing none with a please call the RO on the Maro motion to appoint Dr Ryan wants to fill the war to vacancy mayor Kaufman uh no mayor ptin Bergen no council member bins no council member yes council member Gardner no council member grber no council member hilts yes council member Lawson yes council member Maro yes council member Mario yes the motion does not pass with five votes chair will entertain a motion mayor and Council um this is Katie if I may I was just going to let you know that Council does have the option to break a tie vote um by casting lots so I just wanted to to let everybody know that's also an option if Council chooses to to go that way thank you uh CH Entertainer motion mayor um C bsin war three council member vers from War I thank you um well we've done this nine times already and honestly we're sitting here cutting each other down and that is to me that is totally inappropriate um and it doesn't do the city any good um it doesn't do our residents any good to see their Council um talking badly about each other so I would like to make motion that we hold the vacancy open and let the voters decide in November uh is there a second to that motion second rber it's been removed by council member B and seconded by council member rubber uh to um uh to lay uh um item number uh 17 uh a over uh and until um after the election allowing um the voters of w to to make the decision uh discussion mayor mayor counc m m I think council member Lawson actually tried to say something earlier and never got recognized so council member law counc member Lawson um so can I just ask the City attorney um a question if we if we have the because I'm gonna be very honest with you I understand that we have to do the do the work of the people but this isn't this this obviously is not going to get resolved I mean we're even if we laid it over it's still going to be five five um no one's going to give up on their vote but my question is if if we let this go to the voters in November and have this seat open I mean of course we have four at Large council members I think that really we could make sure that every the residents are you know they're represented it but I guess what I'm trying to understand with this and why I've been kind of a little resistant to it is I'm trying to understand if we did that then we are in violation of the charter what happens we're just in violation of the charter but are we going to be served I guess I'm just trying to under the legality of it um so can you explain that to me City attorney brotzman if about that so on the criminal side the manager at the last meeting indicated you will not be served that so so that option is off the table there are certain argument again someone could try and force this through Court to have Council vote through a mandamus action again we outlined this earlier the problem is our Charter and code don't don't indicate how to break the tie there are certain challenges that could be made to council's decisions that end up that that fail because of a tie and because of of a lack of a vote again we think we will be successful in those cases but but you could give rise to certain attorneys filing actions against the city I mean what would it be their argument I'm sorry the the council uh has violated the charter by not appointing someone which somehow violates their chance if you would have had the the me uh the war to seat filled that they would have voted for their project it's really specul how do they get and that's how they get standing how do they get standing right that that's that's their way of getting their foot in the door no I I don't think that'll be successful I don't think that's a good argument but it's an argument that can be made mayor uh mayor penber how could we violate the charter if we don't have a majority it says we have to do it by majority and we don't have a majority so we would never be in violation well it's saying that you have to appoint the argument is that you must that you shall appoint but we can't because we're at a I I I understand I understand your argument and that's that's certainly we that is the exact argument we would be making in defense of councel on any action any civil action brought against us that is why that no criminal action is going to be brought is exactly for that reason but again that the problem is it's as shall app Point does does that need to be corrected in the charter through through a ballot question absolutely I think all of council agrees that needs to be resolved but but that can't happen now because it's going to take us cleaning up the language in the charter to do that so the city manager would then have to file something I mean he could file something right so and again the problem is the success of doing that again the mayor as the mayor protm indicated making anybody change their mind just isn't just isn't workable it makes no sense to do that but the what what could the city manager do so in theory you the city manager could well the could direct IR the police department to file charges against city council well I don't know he might do it know but but the problem is it doesn't make any sense because somebody's giving up their ideology to do that and that's why that there is no there's no way you could win that as a criminal case so what would happen is it would be filed my off office would dismiss the charges so this is basically just hypotheticals Mr trbl has already said he's not going to do it and if and if someone files a suit then how long will that take that will take months before it goes through way past the general election right so we're just dealing with hypotheticals this could happen that could happen well something else could happen you know in the meantime we're we're letting our residents watch us be dysfunctional and when we could just stop it now and wait until November and let the people of of w to decide who they want mayor uh Council memberes so City attorney brotzman if we were to be sued for the failure of a vote due to not having a full Council um or if any other civil action were to be brought against us that doesn't become moot just because the 2021 November election occurred correct like whatever we failed to do we're still liable for in that yes from from from the date from the 45 days to the election yes that that that that is a risk that is a risk so sorry to clarify that means that if we got sued for something in that time frame even if the lawsuit took past the election it could still be found against Council and against the city correct okay thank you further discussion mayor I'd like to make a motion Council gr I'd like to move to eliminate all candidates forward two other than Dr Ryan Ross and Steve sunberg mayor I'm sorry this is Katie we didn't there is a motion on the table right now for the November okay oh so is it the bersin who made that motion I'm sorry B okay and it was seconded by C council member guber council member guber okay um is there further discussion on the berson's amendment to uh lay it over until U after the election thereby allowing the voters to make the decision mayor council member Hils council member Hils thank you I have a question I guess I'm I'm I'm a little confused as to how the City attorney can say preemptively that his office would misch charges for something that hasn't happened yet and if that same decision would be made if it wasn't an appointed position by Council it just it seems like that should be not I don't know it just seems a little too close to home I guess for that um decision and conversation to be made prior to us even making any violations um as a council body so I just wanted to I I don't know share my hesitation I guess with how that conversation is going further discussion I seeing on the question before it is the B's uh uh motion to uh lay uh item number 17 over until after the election um with the clerk please call the RO mayor Koffman yes mayor proin Bergen yes council member yes council member no council member Gardner yes council member grer yes council member hiltz no council member Lawson no council member Marano no and council member Mario no the motion does not pass with five votes Char motion mayor Dave gr CC gr mayor I move to eliminate all candidates for w two other than Dr Ryan Ross and Steve sunberg um let me um let me ask City attorney is that is that possible oh it's it's a vacancy I assume it would be right it's a vacancy what you're actually doing is agreeing that these will be your two candidates no at the end of the day if you don't decide tonight or you decide at some later point you want to put one of these people on the table again Council has the ability to to appoint anyone they want to so he just narrow he's narrowing C just narrowing okay so if I um is there a second yes grber if I understand your motion it's to it's to limit um um the consideration for appointment to um Dr Ryan Ross and Steve sunberg is that correct yes mayor we had five candidates apply what this motion does will uh uh eliminate three and keep the Two Front Runners as our as our primary two moving forward um let's see uh is there a second yes times I said it's been seconded by maym uh discussion mayor yes mayor council M car okay yeah I just I guess I want to better understand what's the purpose of doing this since that's effectively what's already been happening just why limit options well the primary reason is based on what the City attorney said min ago about standing uh the way it is now is that the people was standing on a decision to move forward would be uh the two candidates if we uh did not limit it to the two uh then not only the three but anybody else who would choose to be a candidate at a later date if we don't decide tonight would have standing so what this does is says we've we've uh uh vetted these people we've met both with we've met with both of them we understand their positions and and uh if we vote for this and Council says these are the two candidates moving forward and then Council will come up with whatever process to either decide or to delay but these are the two uh candidates that we approve at this point further discussion I see the question before says the grber customer grber motion uh to uh to limit consideration uh for the appointment to Steve sunberg and to Dr Ryan Ross um further discussion mayor council M thank you just question to the City attorney so would that actually in fact limit standing of uh potential litigation in the future it gives us an argument but but the answer is at any time Council can appoint again you're not limited to any to even the candidates that that you picked you you can go outside and pick almost anybody you want in this process but that um okay further discussion mayor comes so to clarify we can do this and then we can bring anybody we want back whenever we want if we wanted to nominate someone else that we wouldn't be prohibited from doing that that's corre okay so does this change anything mayor what did May I respond counc I mean c Council grber so what this does uh we've gone through a process of vetting five different individuals uh typically what we do uh we have a nomination process and uh um in in other appointments we would have a nomination process where we we would nominate certain people for a position and then we would vote which of those people in that pool uh would be the one who actually gets a position what I'm recommending here is the exact same thing is that we've vetted five we've narrowed it down to two and these are the two that we are uh considering moving forward these are the two that have standing uh as uh uh the City attorney said if if C if we don't decide tonight and someone's decides to bring somebody at another Point another person at a point in the future that's that's obviously still something that a council member can do however as far as the process C of analyzing candidates this limits that first process we vetted five and this narrows it down to the two further discussion seeing n question before says the adoption of the grber amendment to uh narrow the the field of um appointees or potential appointees to be considered to Dr Ryan Ross and to Steve sunberg with cler please call the RO mayor Kaufman yes mayor proin Bergen yes council member bersin yes council member CS no council member Gardner yes council member guber yes council member hiltz no council member Lawson no moo no council member Mario no the motion does not pass with five votes chair will'll entertain a motion mayor uh council member KS move to appoint Dr Ryan Ross to fill the board to vacancy uh it's removed by coun m second by council member hilts uh to um appoint Dr Ryan R Dr Ryan Ross to fill the award to vacancy uh discussion see no when the CL please call the role on the appointment of uh Dr Ryan reri award to vacancy mayor Kaufman no mayor proin Bergen no council member bin no council member yes council member Gardner no council member grber no council member Hils yes council member Lawson yes council member Mark Hano yes and council member Mario yes the motion does not pass with five votes chair will entertain a motion mayor mayor council I'm sorry KS I think Lawson also council member Lawson mayor I move to appoint Dr Ryan Ross it's been mooved by council member Lawson seconded by KS council member KS to appoint Dr Ryan Ross to fill the W to vacancy discussion mayor council M comes so the question has been asked of those of us that are supporting Dr Ryan Ross why we wouldn't instead support Steve sunberg so I guess the question is is there some qualification that folks find lacking in Dr Ryan Ross that they feel he should not be appointed to this vacancy further discussion I seeing the question before is a losson uh motion to appoint Dr Ryan Ross to fill the war to vacancy with the clerk please call the role mayor Kaufman uh no mayor proin Bergen no council member bin no council member kums yes council member Gardner no council member guber no council member hiltz yes council member Lawson yes Council Maro yes council member Mario yes the motion does not pass with five votes will ENT mayor uh counc Mell move to appoint Dr Ryan Ross to fill the word to vacancy move by counc mcell second bys second by second by council member to appoint Dr Ryan Ross to fill the war two vacancy discussion I see no discussion with the cler please call the role on the um adoption of the um ooms ter Amendment I'm sorry who made who made the motion oh it's the adoption of the marono motion uh to appoint um Dr Ryan Ross to fill the war two vacancy with please call the RO mayor Kaufman uh no mayor protin Bergen no council member bersin no council member yes council member Gardner no council member Gerber no council member hiltz yes council member Lawson yes council member Marano yes and council member Mario yes the motion should not pass with five votes chair will'll entertain a motion mayor uh council member Lawson I move to appoint Dr Ryan Ross it's removed by council member Lawson second by Hils Council Hils to appoint Dr Ron Ross to fill the war to vacancy discussion I say no discussion with the clerk please call the role on the LW and motion to appoint Dr Ryan Ross to fill the word to vacancy mayor Koffman no mayor proin Bergen no council member bin no member yes council member Gardner no council member guber no council member hiltz yes council member Lawson yes council member Marano yes and council member Mario yes the motion does not pass with five votes chair will entertain a motion mayor that's comes move to appoint Dr Ryan Ross to the award to vacancy move by council member Kum second or by second uh second by council member Lawson to appoint Dr R Russ to fill the ward to vacancy discussion uh seeing no discussion with the clerk please call the role on the adoption of the kum's amendment uh to appoint Dr Ryan Ross to fill the war two vacancy mayor Koffman no mayor protim Bergen no council member bersin no council member kums yes council member Gardner no council member guber no council member hiltz yes council member Lawson yes council member Marana yes and council member Mario yes motion does not pass with five votes chair will'll entertain a motion mayor motion to um appoint Dr Ryan Ross of the so been moved by council member Hill second and by second council member moo to appoint Dr Ryan Ross to fill the W to vacancy discussion I seeing no discussion with the clerk please call the role in the adoption of the hilts hilts motion to appoint Dr Ryan Ross to fill the boards mayor Kaufman no mayor proin Bergen no council member bers no council member kums yes counc member Gardner no council member guber no council member hiltz yes council member Lawson yes council member Marano yes and council member Maro yes the motion does not pass with five votes charl entertain a motion mayor council lawon I move to appoint Dr Ryan Ross to the W to vacancy it's been move by council member Lawson second by second kums council member Kum to appoint Dr Ryan Ross to fill the W to vacancy um discussion I seeing none when the cler please call the rooll on the uh question on the adoption of um the Lawson motion to appoint Dr Ryan Ross to fill the war to vacancy mayor mayor Kaufman no mayor proen Bergen no council member bersin no council member Cruz yes council member Garner no council member grer no council member hilz yes council member Lawson yes council member Marano yes council member Mario yes the motion does not pass with votes CHL entertain a motion mayor CES move to appoint Dr Ryan Russ award to vacancy move by Council mum second or by second CC second by council member moano to appoint Dr Ryan Ross to fill the war two vacancy discussion ass seeing no discussion uh with the clerk please call the role on the adoption of the kum's uh motion to appoint Dr Ryan rosty for the award to vacancy mayor Koffman no mayor ptin Bergen no council member bins no council member yes council member Gardner no council member grber no council member hiltz yes council member Lawson yes council member cono yes and council member Maro yes the motion does not pass with five votes chair will a motion mayor Hils council member hilts motion to appoint Dr Ryan Ross to the word to vacancy can move by council member Hilt second or by second Council monor to appoint Dr Ryan Ross to fill the W to uh vacancy discussion I saying now with the cler please call the role on the adoption of the hilts amendment to appoint Dr R Ross to fill the war to vacancy mayor Kaufman no mayor proen Bergen no council member bersin no council member kums yes council member Garner no council member grber no council member hiltz yes council member Lawson yes council member Marano yes and council member Mario yes the motion ises not pass with five votes chair will entertain a motion mayor CES move to appoint Dr Ryan Ross to fill the W to vacancy remove by counc mum second and by second second seconded by council member mcoo to appoint Dr Ryan Russ to fill the award to vacancy discussion uh see no discussion with the CL please call the role on the uh on the adoption of the kums amendment uh to appoint Dr Ryan Ross to fill the war to vacancy mayor Coffman no mayor Pon Bergen no council member bersin no no council member kums yes council member Gardner no council member grber no council member hilts yes council member Lawson yes council member Marano yes and council member Mario yes the motion does not pass with five votes chair will entertain a motion mayor mayor C I have a question uh for my colleagues are any of y'all movable with data about how people vote the valys they vote for out there at all or is this a foregone conclusion for you all genuine question I just want to make sure that we're not wasting any more time further discussion okay um so so who motion was this I'm sorry it was just a question and then council member lost oh whose motion is this there was not a motion there's no motion okay very well chair will entertain a motion mayor uh Council Lawson we move to appoint Dr Ryan Ross to the War II vacancy move by uh Council Lawson second or by second council member Marano uh to uh appoint Dr R Ross to fill the war to vcy discussion mayor um mayor Pim yes just wanted to say my mom's still in the hospital and we're still at a TI vote run over okay further discussion mayor council thank you um just council member Bergen uh I understand the family emergency and the City attorney addressed I think the issue like if you leave it's not really going to change anything unless someone else switches their vote so thank you it's now very late and I would have to drive an hour and a half to call R Springs and I'm I had a tooth extraction an implant last week and I'm still taking stuff so I don't think I want to drive understood further discussion this this is the lost and motion seeing none the question before us I think is the lawon motion is it Lawson yes yes may the lawon motion uh to appoint um Dr Ryan Ross to fill the war to uh vacancy uh further discussion see none with the clerk please call the role in the adoption of the lawon amendment to appoint Dr Ryan Ross to fill the war to VY mayor Kaufman no mayor proen Bergen no council member bzen no council member yes council member Gardner no council member grber no council member hilts yes council member Lawson yes council member marono yes and council member Maro yes the motion does not pass with five votes chair will entertain a motion mayor counc move to appoint Dr Ryan Ross to F award to vacancy Mo by council member Co second and by second CC member moano to appoint Dr Ross to fill the um War Two vacancy um discussion see another question before us is the adoption of the kum's uh motion to appoint Dr Ryan Ross to fill the war to vacancy with the cler please call the RO mayor Kaufman no mayor protim Bergen no council member bersin no council member CS yes council member Gardner no council member guber no council member hiltz yes council member Lawson yes yes council member Marano yes and council member Maro yes the motion does not pass with five votes Char entertain a motion May counc CS move to appoint Dr Ryan Ross fill the W to vacancy let move by Council Kum second and by second uh council member Lawson to appoint Dr Ryan Ross to fill the W to vacancy discussion I see no discussion with the clerk please call the rooll on the adoption of the kum's uh motion to appoint Dr Ryan Ross to fill the war to vacancy mayor Coffman no council mayor protim Bergen no council member bersin no council member kums yes council member Gardner no council member guber no council member HS yes council member Lawson yes Council M Maro yes and council member Mario yes the motion does not pass with five votes chair will entertain a motion mayor C thank you sir move to app appoint Dr Ryan rosi award to vacancy move by Council m conell by second council member Lawson to appoint Dr Ryan Russy F the war to vacancy discussion uh saying no discussion question before us uh is uh the adoption of the marono amendment Maro motion uh to appoint Dr Ry R to fill the war to a vacancy with a clue please call the W mayor Kaufman no mayor proen Bergen no council member bersin no council member kums yes council member Garner NOP council member guber no council member hilts yes council member Lawson yes council member marono yes council member Moro yes the motion does not pass with five votes chair will entertain a motion mayor CS move to appoint Dr Ryan Ross to the a to vacancy move by council member C second and by second Council Marano to appoint Dr Ryan Russ to fill the war to vacancy discussion sure I just uh mayor I may council member m thank you I guess I'll just throw out some data points anyway for the public um so looking at 2020 election results the precincts that represent Heritage I'm sorry not herity jle Ben Murphy Creek uh traditions in Adonia supported representative Mike Weissman um 55.7 55.8 and 57.7 respectively uh Buckley Air Force Base represent uh supported representative Mike Weisman with 69.3% of the vote um and the reason I bring that up is because ni council member Johnston shares very similar values to representative Mike Weissman so this area should be represented by someone who would continue those values so we discussion further discussion I see no CL please call the mayor PR I guess we should not have elections anymore just go by state representative vote a further discussion I say none the question before is the adoption of the marono amendment um marono motion uh to appoint uh Dr Ryan Ross to fill the war to vac cany with the clerk please call the role mayor Koffman no mayor proen Bergen no council member bersin no council member kums yes council member Gardner no council member grber no council member hiltz yes council member Lawson yes council member marono yes and council member Mario yes the motion does not pass with five votes CHL entertain a motion mayor um I'm sorry who is it Council Maro Council Maro thank you sir move to appoint Dr Ryan Ross to fill the word two vacancy um is there a second second byc member con second by council member Lawson to appoint Dr Ryan rth to fill award to vacancy discussion May uh Council M McConnell thank you sir I did have a question for some of my colleagues who've been here for past appointments why has there never been a call for special elections until we were fing uh the appointment of someone who disagrees with you politically are you speaking to me any who been here for that further discussion saying question before us is sorry May thanks I was trying to give folks the opportunity to answer council member Marano's question um my question is like what do folks expect that we do if we can't make this decision um with six votes what do folks expect that we do moving forward um are we going to spend from now until the first meeting of December having five to five votes no way to break a tie and just failing at everything we try to do like what what's the hope of folks that that are not supporting Dr Ross when at this point that's the only motion being made further discussion I see another question before is the adoption of the mconnell who whose motion is this moronell I believe so yes uh the marono a motion to appoint Dr Ryan Russ to fill the war to vacancy um with a cler please call the RO mayor Kaufman no mayor proin Bergen no council member bins no council member CBS yes council member Gardner no council member grber no council member hilts yes council member Lawson yes council member Maro yes and council member Mario yes the motion does not pass with five votes um motion is in order chair will entertain a motion May uh Council C move to appoint Dr Ryan Ross to fill the W two vacancy um moved by counc Kum second and by second council member Lawson to appoint Dr R Ross to fill the award to vacancy discussion say the question before us is uh the adoption of the kum's uh motion to appoint Dr Ryan Ross to fill the war to can see will CLA please call the RO mayor Kaufman no mayor P Burgen no council member bersin no council member kums yes council member Gardner no council member guber no council member hiltz yes council member Lawson yes council member marono yes and council member Maro yes the motion does not pass with five votes motion is in order mayor um Council laon I move to appoint Dr Ryan Ross to the war I vacancy move by council member Lawson second and by second uh by council member kums to Appo Dr Ross toi the war two vacancy discussion mayor comes so I see folks continuously offering a positive motion and voting on that positive motion and I see another group of folks just continuously saying no and not having any further discussion so I just really am trying to understand what positive do folks have to offer forther discussion mayor counciler I just wanted to mention since um it's been mentioned a couple of times um other politicians that have been successful in w i and the most recently completed uh municipal election in 2019 I won a vast majority of the precincts in War I um so I hardly think um what they've mentioned uh holds water over the most recently completed municipal election further discussion mayor Dave grber grber i' just like to um quote Albert Einstein about the definition of insanity is doing the same thing over and over again and expecting a different result further discussion okay uh seeing n the question before us is the adoption of is it the marono motion no awson motion uh to appoint uh Dr Ryan Ross to fill the bo to vacancy will the clerk please call the role mayor Kaufman no mayor protim Bergen no council member bersin no council member yes council member Gardner no council member grber no council member hilts yes council member Lawson yes council member marono yes and council member Mario yes the motion does not pass with five votes chair will entertain a motion mayor CES move to appoint Dr Ryan Russ to the award two vacancy um it's been moved by council member Kum second by second Council second by council member mccon to appoint Ryan Ross to fill the war to vacancy discussion seeing none with cler police call the role in the adoption of the kums amendment to appoint Dr Ryan Ross to fill the war to Vinson mayor Kaufman no mayor proin Bergen no council member bins no council member kums yes council member Gardner no council member grber no council member hiltz yes council member Lawson yes council member Maro yes and council member Mario yes the motion does not pass with five votes charl entertain a motion mayor I have a point of inquiry for the City attorney please proceed um Mr bratzman if we move forward knowing that we're violating the charter knowing that we can get sued um what happens in the event of tied votes on any other motion since typically the mayor would break those ties um how how do we proceed with business as a council so your Council rules handle tie votes uh what it says is if there's a tie vote it's brought back to the next meeting if it's not passed at the next meeting it's defeated so that it it's just gonna that could happen if somebody was absent now that could happen currently under your rules so That Remains the Same but so just to clarify um if we have any issues that have this level of division which I suspect we will face some then things will just fail we'll just be in a position of failing everything that we try to do you won't have a majority so items without a majority will not pass further discussion [Music] May okay um to the City attorney uh council member Lawson um City attorney brosman so just to kind of follow up with what council member Kum said in your last paragraph of your advisement in those cases where she's referring to the Thai vote could someone bring action towards us in those cases as well in in legislative matters the answer is probably not again the problem is going to be they would not have standing on on Purely legislative matters quasi judicial matters they have a better argument but again uh this could currently well Ty votes have happened in the past the when someone is absent and what ended up in those cases one challenged the city was successful in those cases and mayor can I just comment on something so I I understand you know City attorney brosman I think what what I'm having a little trouble with you're saying that it probably I think sure case law I guess for me well yeah I mean if if that's what we're referencing the case law that would reference that but it just seems like you're saying that the case law would kind of protect us in these not protect us but give us more standing in terms of if we couldn't come to an agreement on this issue so is that correct the case law would would support yes that yes that that's absolutely true and again all attorneys will always give you this same qualification which is if you go to court I can't I can't ever make a guarantee if you go to court but but yes the case law supports that that the the tie shouldn't should not result in a uh award against the city can you provide me a jurisdiction in the state of Colorado where that has happened where the case law dis support a TI vote amongst a council on a on a vote like this uh right now have jurisdiction right right now I I don't right now I don't further discussion mayor uh mayor Pim so whenever we've had TI votes ordinances they don't go forward I mean if vot TI votes fail well your rules actually say if you have a tie vote it comes back to the next meeting right if if if at the next meeting it does pass it fails right okay which is this is what we're right here this is the second meeting further discussion I'm sorry is there a motion sorry can I clarify that question okay um because City attorney bratzman that's for legislative matters for appointments that's not the same case right we just have to get the six votes somehow it doesn't just die if we meet twice and are deadlocked twice correct yes for for this matter for vacancies you you have again the charter provision the code section says you shall appoint so it can't just simply die unless there there is one way which is you move to continue to the general election And to clarify on that if we do that we're in violation of the charter because you did not appoint that is correct okay thank you further discussion mayor bersin council member bersin from yeah I would I would just like to speak to um when mayor Hogan left us we had 10 people and we had some high votes we had some five5 ties because there were only 10 of us but those those agenda items always came back so I mean it's not the end of the world when that happens because it it's happened before and like Mr brozman said somebody could be ill and they're only or be out and we only have 10 votes so I mean it happens it's happened before and it'll it'll continue to happen I I would like to note that tonight we had a lot of unanimous votes we voted we voted together a lot of times tonight I mean you can't just say because they're 10 it's always going to be a fiveo five split no we we agree on a lot and um I just don't I just don't think that that's a reason to to stay at 1010 you know because there could be a split could be a split anytime anywhere and it's happened before but those items always come back I don't think there's a motion on the floor mayor council comes and I'll move to a point Dr Ryan Ross uh to the word to vacancy this been mooved by council member Kum second or by second counc mcon to appoint uh Dr Ryan Ross to fill the W to vacancy discussion mayor council comes so in continuation of the discussion um I agree that we're able to come to votes that are not deadlocked on a tie and we do that with some frequency usually on somewhat more administrative matters um but it really is a question for me why this has to be a complete deadlock why there's no way to look at Dr Ryan Ross as a candidate and nobody can come to the conclusion for a sixth vote that he would be someone who can fill this vacancy well um can do so in a way that could unite Council just as he's done in a number of other matters um and why we don't think or or why folks don't seem to think that he could come to the conclusion of falling on one side or the other on issues and there seems to be an assumption that he's going to always fall one way on matters when really I believe that what I know of him he's an independent thinker further discussion say on the question before is the adoption of the kum's uh motion to appoint Dr Ryan Ross to fill the W to vacancy with the clerk please call the role mayor Kaufman no mayor potin Bergen no council member bersin no council member yes council member Garner no council member guber no council member hiltz yes council member Lawson yes council member Maro yes council member Mario yes I'm sorry Council M Mario yes the um motion does not pass with five votes motion is in order mayor uh Council Lawson I move to appoint Dr Ryan Ross to the war I vacancy move by Council Lawson second of by second Council Marano to appoint Dr R Ros to fill the war to vacany discussion see no discussion with the cler please call the role on the adoption of the Lawson motion to appoint Dr Ryan Ross to fill the War I vacancy mayor Kaufman no May protim Bergen no council member bersin no council member yes council member Gardner no council member grber no council member hilts Council Lawson yes Council mark yes and council member Mario yes the motion does not pass with five the motion is in order may i' like to make a comment uh Council M gr just want to point out that that from a logic perspective we're caught in an irresistible Force versus a movable object Paradox uh we're in a fight with with both sides uh representing and either side moving I'd like to refer to our oath having been duly elected to the city of Council of the city of Aurora Colorado I do solemnly swear or affirm that I will faithfully and impartially administer the Affairs of such office in accordance with the Constitution of the United States of America the state of Colorado and the charter and the ordinances of the city of Aurora to the best of my judgment and ability so help me God so the issue that we have or that the conflict that we have is the issue between our oath to support the charter and our oath to administer Affairs to the best of our ability I'm not going to impune either side voting for or against either candidate I just wanted to point out that that we're in a a paradox we in a dilemma and and simply repeating the vote uh multiple times I don't think is going to resolve this motion is in order a motion is in order mayor uh counc comes move to appoint Dr Ryan Ross build award to vacancy move by council member Kum second and by second council member cono to appoint uh Ryan Ross to fill the war two vacancy um discussion May counc KS so until we have a different motion on the floor I don't see what the next step would be as far as resolving this apparent Paradox I don't think it's really a paradox any of us could choose to change our mind at any time um so that's not really does doesn't quite meet the qualification for a paradox it's just a conflict that we don't seem to be willing to resolve um but this is the only motion being made I'll repeat as I said before so we've got folks willing to put forth a positive motion and we're not hearing any other motions come forward for some time um I'm sorry who seconded is mooved by council member Kum seconded by believe counc Council Rano council member thank you sir um I do actually have a question for the City attorney Council River brings up an interesting point um how does the other motion to push this basically table it until the election intersect with our oath to you know fulfill the charter that's we're basically at that point just saying the charter doesn't matter and I take tremendous issue with that mayor I disagree with that I think that's not what I said um council member G the point is is that our oath requires us to administer Affairs to the best of our ability that is the conflict is that each side feels that they're working to the best of their ability each side is trying to fulfill the goals of the charter or the requirements of the charter to the best of our ability understood and I was not attributing that specifically to you I'm just saying like that's what that motion uh effectively is saying I get the conflict so does that impact anything at all to the City attorney that there's a state statute regarding o as well again there's no Criminal Intent in what you're doing you're trying to fulfill your role in appointing the right person there's no Criminal Intent there's no there's no ill will on that that's why again those pieces shouldn't shouldn't be that shouldn't be what's driving this as a problem on on the especially the the criminal pieces that are out there right now again there is no Criminal Intent upon with anyone on councel at this point that that's not what's going on so you're just in your role of trying to meet the standards of youro and and meet the standards of what the charter say all right thank you um further discussion I think the question before is a kum's motion uh to appoint Dr Ryan Ross to fill the War I vacancy further discussion I see none with cler please call the RO on the kum's motion to appoint Dr Ryan Ross to fill the war to vacancy mayor Kaufman no mayor proin Bergen no council member bersin no council member kums yes council member Gardner no council member guber no uh council member hilts yes Council M Lawson yes council member cono yes and council member Mario yes the motion does not pass with five votes motion is in order mayor council member Mario move to approve Dr Ryan Ross to the bo to council vac so move by council member morio second and by second council member moo to appoint uh Dr R Ross to fill the war to vacancy discussion seeing no discussion with the cler please call the rooll on the mo on the Mario motion to appoint Dr Ryan Ross to fill the war to vacancy mayor no mayor proen Bergen no council member bersin no council member kums yes council member Gardner no council member guber no council member hilts yes council member Lawson yes Council Maro yes and Council M Maro yes the motion does not pass with five votes motion is an order mayor mayor council M thank you um I just have a question is it possible to move to reports and then come back to this just for courtesy to our constituents who may not be able to stay up to watch us continue to about um I think a question for the City attorney say we adopted the agenda uh how do we um break from that and again you you you have a motion on the floor so it you can change your agenda at this point through a motion and okay of six okay um Conor you recognize to make a motion sure so I move to uh move to our section 18 a and 18b and then revisit SE uh section uh 17A afterwards um is there a second mayor uh council member Mario I'll second oh okay it's been seconded uh discussion uh seeing none uh with cler please call the RO on the um marono uh motion uh to amend the agenda mayor Kaufman um yes council member Gardner no council member mararo yes council member Mario yes mayor potin Bergen no council member guber no council member hiltz yes council member Lawson yes council member kums yes and council member bersin no the motion passes with five yeses I have Gardner Bergen grber and bersin for no um mayor has no report um see council member lost thank you mayor um first I would like to just say um congratulations to the Aurora um NAACP um on Saturday they celebrated their 30-year anniversary or anniversary in the city of Aurora um so I would like to thank um say thank Dr um sh Dr Shannon banister for all of her dedication and work um to the organization and the current president um Mr Omar mcgomery um for my fiser update mayor um the law um to Federal update lawmakers return to work this week after the Fourth of July recess with Senate Democrat leaders determined to move both a bipartisan infrastructure package as well as an even bigger partisan reconciliation Bill both Senators Hickenlooper and Bennett included the city's request for funding for safe outdoor spaces in their earmark requests the safe outdoor spaces earmark request needs to be made through the Senate Appropriations Committee to guarantee inclusion that committee is scheduled to meet next week our state update um Governor paus signed a number of bills into law um the city followed in last week including House Bill 1162 the management Plastic Products and House Bill 1250 measures to address law enforcement accountability um I don't have anything for CML um RTD reimagine our meeting will be this Thursday on the 15th and I will provide a councel an update and a report on that that's all I have mayor U council member gr thank you mayor uh my only report is that I stand in support of uh President Biden and governor polus in uh uh supporting the protesters in Cuba uh we have a very diverse Community here in Aurora and I support those people that are fighting socialism those people that are standing against a failed uh form of government and I hope that they are successful in making substantial changes in the country of Cuba Council M Hils thank you um I was also able to virtually attend uh the 30th anniversary of the nacp so that was good fun um good to see see everybody on the on the computer screen still and that is it I don't have any other reports but thank you council member Gardner I'll come back to council member Gardner council member Mario thank you mayor cman um I first announcement is that I won't have a town hall uh this month but uh still hoping to be able to start hosting in person start in August uh so that's a bit of a change um than previously advertised so just want to make sure everyone is aware of that change um uh congratulations to the NAACP uh 30 years is uh quite the feat um when it comes to advocating for equity and access in Aurora and um you know I was honored to be able to uh share space with everyone it was a big virtual room I'll say I think uh you know sometimes it it can feel a little impersonal impersonal yes um but just seeing all of the support and everyone's really kind words and just words of inspiration and knowing that there have been people um decades in the making um kind of Paving the way for um future generations to continue the work I I'm just was really honored to be part of that celebration and um come August uh the n ACP of Aurora will be opening uh an uh Economic Development Center which I think is a logical next step when we think about equity and access for our community and community of color so I'm even more excited to support uh the initiatives that they have moving forward uh and lastly uh this Saturday I was also able to attend uh the rebel Marketplace which is hosted uh just outside of Ward one although it's so close no one you know it's kind of easy to get confused at in delmare park um and it was it's a farmers market that um was created uh by a father and his sons growing vegetables out of their backyards and uh wanting to share that um knowledge and journey with the community and building a farmers market of like-minded folks so there was a lot of uh composting uh just help yourself type of uh businesses present there and I was it was just really inspiring just to see um them in their second or third year really relatively new um just a powerful message that they're sending around sustainability in the community and that's all thank you council member B thank you um our award three meeting this month will be our annual picnic our 10th picnic it'll be at B Centennial Park on Saturday the 24th from 11: to 2 and everything is provided food and drink is provided all you need to do is come it is limited to Ward three residents only and uh any special invited guests that I choose so please come please come and enjoy the food and your neighbors and relax and sit and talk um if you can and I want to say a big uh thank you to the city of Aurora for putting on such a wonderful uh fireworks show at B Centennial Park um everyone loved it uh and I think it's just what the community needed I understand that um our roads were packed and our shopping center parking lots were packed uh I know my neighborhood neighborhood was packed so um a big shout out and thank you so much for the city to for realizing that we did really did need this to come come back together thank you council member cono thank you sir uh our next award for meeting is going to be at 6:30 p.m this Wednesday uh we're going to be recapping the international making cities liel conference and soliciting feedback from those in attendance on how you think we can Implement some of what we picked up from the conference in Aurora uh I also wanted to give you a heads up that our August meeting is going to be back in person which I'm very excited about and we're going to be at the five-star residences at of date in place in their Community Center and I'm going to be working on a remote access option for those of you who can't or don't feel comfortable making it in person just yet and I'll provide more details as we finalize those Logistics uh I also wanted to let you all know that about the third and final Havana Street Corridor study public meeting coming up on Thursday the 15th at 6m it's going to be a virtual event uh hosted on Zoom you can find more information about that project and instructions on how to attend at auroragov.org Havana and uh hope you're all having a great night council mcoms thank you mayor um so no report from boards because all of them are about to meet this week and the following week um we will not have a regular Ward five meeting this month but we are meeting W this Wednesday the 14th at 6:30 with presentations from par neighborhood watch uh Public Safety Communications and on public safety issues and summer safety tips for residents of anywhere in the city um and that has been posted to next store there's also an event on my Facebook page um you can watch it on Facebook live through the event or joined via WebEx um and then wanted to also congratulate the NAACP on 30 years I was unfortunately Off the Grid and unable able to join um but it sounds like it was a great celebration and finally today I was able to meet with the mayor and council member Marano with representatives from the Salvadoran delegation as well as members of our staff um to discuss our Consulate in the city and it sounds like there's really strong support for that continued relationship of the city of Aurora and the city of El Salvador and it was a pleasure to hear from folks and to connect on continuing that partnership so that's all from me mayor uh thank you mayor um I also want to just say that I stand with the people that are fighting um the people of Cuba that are fighting for their freedom and against uh Decades of repression uh with their communist government I have a good friend um who has family in Cuba in Santiago uh Cuba and she has lost all community communication with them as the government has shut down uh the internet so uh prayers to to all all of those families um my w six um count or town hall is on Wednesday the 21st from 6:00 to 8 at Heritage Eagle bin and we will have a presentation um from 911 dispatch as well as police update on crime and then our uh district attorney will uh talk about prosecutions and also uh Consumer Fraud thank you thank you uh council member Gardner thank you mayor um I just wanted to mention a couple of things this past Saturday uh aora firefighters local 1290 held their annual uh Big John Ale Beer tapping at dry do and um they do that every year as a fundraiser for the Colorado profession professional firefighters benevolent fund and um it was a good time and and obviously it was for a good cause and Big John was out there so for those of you who haven't seen um it was a it's a 1955 Seagrave uh fire engine um that was I was told was the last fire engine that we acquired as when we were still a volunteer fire department so some neat history there um and then also uh just wanted to uh recognize uh the auroran ACP I'm I've been a member for several years now and um was able to attend last Saturday's event and uh just want to recognize the the good work of uh Dr barbar Shan banister for decades decades in Aurora um as well as the president of the branch uh Omar Montgomery for all the work him and his leadership team have done and that's it for me thank you uh let me just conclude uh with with just um reiterating that it was an extraordinary event the the 30th anniversary of the N Aurora chapter of the NAACP founded by Dr uh barbar Shannon banister uh who was featured in the program uh as well as I think the extraordinary leaders ship of uh of Omar Montgomery I think who has helped this city navigate through some very difficult times I think both of them have uh and so I really appreciate their their leadership uh with that public invited to be heard is there anyone uh for public invit to be heard mayor we do not have anybody on the line very well we are then back to uh 17A and a motion is in order excuse me mayor when are we going to take a break um I believe uh uh council member bers would like to take a break without objection uh the time is now uh 10:14 uh we will take a break until uh 10:20 and lesser objections seeing none then uh the city council stands in recess until [Music] 10:20 [Music] [Music] he [Music] he [Music] yeah [Music] he [Music] he [Music] [Music] [Music] [Music] [Music] [Music] [Music] the time is now 10:21 uh the regular meeting of the RO city council for July 12th is back in session a motion is in order mayor council member Coles move to appoint Dr Ryan Ross to fill the War 2 vacancy see um been moved by council member Kum second and by second council member Mario uh to appoint Dr Ryan Ross to to fill the W to vacancy um discussion seeing none when C please call the rooll on the adoption of the kum's uh motion uh to appoint Dr Ryan Ross to fill the W to vacancy mayor Kaufman no mayor proin Bergen no council member bins no council member kums council member Maro sorry I was double muted yes and council member Mario yes the motion does not pass with five votes motion is in order mayor council member HS council member HS thank you motion to appoint Dr Ryan Ross to the board to vacency move by council member H second second I get my council member makono to appoint Dr Ryan R to fill the war to vacancy discussion I see none when CL police call the role on the option of the hilts motion to appoint Dr Ry Ross to fill the war two vacancy mayor Kaufman no mayor proin Bergen no council member bins no council member yes council member Gardner no council member guber no council member hiltz yes Council M Lawson yes council member Maro yes Mario yes the motion does not pass with five votes a motion is in order c m comes move to appoint Dr Ryan Ross to the Ward to V move by counc mum second by second counc M cono to appoint Dr Ryan Ross to fill the war to vacancy discussion uh with cl please call the rule on the adoption of the Kum motion uh to appoint Dr Ryan Ross to fill the war to vacancy mayor Kaufman no mayor pron Bergen no council M bins no council member yes council member Gardner no council member guber no council member hiltz yes council member Lawson yes council member Marcano yes and council member Mario yes the motion does not pass with five votes motion is in order mayor uh council member where you HS Hils counc I saw I saw the hesitation motion to appoint Dr Ryan Ross to the W team vacancy by council member Hill second or by second Council Marano to appoint Dr Ryan Russ to fill the war to vacancy discussion I see no discussion whether the clerk please call the role on the adoption of the hilts a motion uh to appoint Dr Ryan Ross to fill the war to vacancy I'm sorry mayor did Maro second the motion I I did yes okay just making sure mayor Kaufman no mayor protin Bergen no council member bins no council member yes council member Gardner no council member guber no council member hiltz yes council member Lawson yes council member Marano yes and council member Mario yes the motion does not pass with five votes motion is in order mayor counc move to appoint Dr Ryan Ross to the W two vacancy move by council member Kum second by an enthusiastic hilts by council member hilts to appoint druss to award to vacancy discussion seeing no discussion with the cler please call the role on the adoption of the k motion to appoint Dr Ryan rice to fill the war to vacancy kman no mayor proin Bergen council member bersin no council member yes council member Garner no council member guber no council member Hils yes council member Lawson yes council member Maro yes and council member Mario yes the motion does not pass with five votes the motion is in order mayor council member Maro thank you sir move to appoint Dr Ryan Ross to fill award two vacancy second Council Mell uh seconded by council member Maro to appoint Ryan Ross to fill the war to vacancy discussion mayor can I council member Lawson I just have a question for my um colleagues who were voting for Dr Ryan Ross what what is we're g we're not coming to any type of solution so we're just it seems like we're kind of doing this to kind of grandstand a little bit I and I you know I support Dr Ryan Ross but what is what is the solution you asked the other side but what's the solution that we could come up with I mean what's your thoughts just we just keep doing this I mean is there any what is there what is there is there any out of the- boox solution that we're not thinking of besides the two that we've that's already been proposed which is to delay this until the 29th or to move to another election to move to the November election I know we're talking about violating the charter but we're not I mean no one's going to budge not one person so I'm just asking my colleague who are voting for Dr Ryan Ross what is what is something else that you're thinking so just for discussion I'm not trying to put anybody on the spot I'm just asking it's to me it's a fair question thank you sir no I share your frustration council member Lawson um I don't want to set a couple of precedents here uh number one is as long as we have the vacancy provision in you know our Charter to allow it to be used to basically shift the political ideology of council uh number two is to basically say that violating the charter sometimes is okay if you know there's a deadlock um I think we all agree that as written uh it's probably it could be written better I think and uh I hopefully I think we'll have a majority of folks who want to support a ballot question to address that issue um in the coming election not this year but hopefully next year um I think that the next meeting we're still not technically in violation of the charter is that correct City attorney that's correct not until July 29th okay so at this point um you know we could delay nothing's going to change we're just going to be right back here on the 29th at that point I think but I I get your frustration further discussion mayor uh Council mes so again in the past um there have been kind of two routes taken with appointing vacancies and those have been to appoint someone to fill just enough of a term that they aren't subject to term limits um or to appoint someone who wasn't going to run again and so in this case we really only because we're right up against the election we really only have one of those criteria in place and that's to appoint someone who isn't going to run in the upcoming election um so I think we can look at anybody who meets that criteria would be something I'd be willing to look at to get outside the box um but I'm not willing to appoint anyone who is running in the November election because I believe that is US putting our thumb on the scale and giving someone an incumbency advantage that they haven't earned um and I yeah I just don't believe in doing that further discussion I think is it the kum's amendment Coon's motion on the floor whose motion is it on the floor there is a motion on the floor we do not have a motion on the floor we do not okay the motion is in order I thought we did have a motion on the floor thought we did too but let's do another motion move to appoint Dr Ryan Ross to vacancy it's mooved by council member second and byy second sorry Council second by council member Mario to appoint Dr Ryan us uh to fill the W to vacancy discussion and we can certainly continue the discussion we had prior mayor council member Maro yeah um I just it's been mentioned a couple times I guess other instances where we've had to appoint somebody um and people referen the the late mayor Hogan um situation and him passing and to appoint and I was part of that uh vote um and recall kind of my thought process um you know I had shared earlier around um ways that we that we might achieve um and Define representing the will of the voters earlier um you know as a further context and and you know a part of my decision making this time around uh I wanted to also offer um other ways in which I think about this process that um exe that are exemplified by that last appointment process um with the late mayor Hogan um you know we ended up appointing uh then at large council member um Bob leer to the mayorship and again um I think it's very clear it was very clear that we did not have the same political affiliation nor the same uh Pol IDE ideology um and I still voted for mayor leer because I felt that it um was in the best interest of of our community I I felt that we needed the experience that he represented um and again it was against my own quote political party and so you know just reiterating that there are you know ways in which we try to do Best by our city um and I believe we're here again at another decision point where we are having to make the best decision for our community and um I I don't understand why we're entertaining um an idea um an option for this vote that um would give an unfair advantage to uh one of the candidates in the November election to me that seems wrong um I don't think that's right for the city um regardless of itical affiliation happen to be very clear in mine um and I have no problem sharing that um I don't think that should be a knock against um why I do or do not support candidates I'm just very clear and open and transparent about where I'm coming from in my values um and certainly political affiliation doesn't always um equal those values but um in that case um with the mayor mayor leer vote um I felt like like my values aligned with that particular experience at that time and that that was best for what the city needed and I feel strongly and similarly about this time around and supporting Dr Ryan Ross um and there happens to be a similarity that they aren't running for election and that there is no unfair Advantage um in this upcoming process further discussion here I mean I I appointed you know I appointed Bob uh you know mayor leer because he was the best po person at the time time with the best experience but we also voted for um council member former council member Johnny Watson and he still had to fight in the election um I don't really think that you know I in the election for the at llarge race he still had to fight in that race so I guess to me I'm not understanding from this side you know the fair Advantage name recognition it's it's doesn't always mean that you're going to get you're gonna win I I mean he still had to fight we appointed him as well so I'm just struggling with that part of it um I'm not looking at this from a I don't care if you're Republican Democrat whatever you know I think it's just best what's the best interest of the city and how is that how are those individuals who are going to serve on this board with us on this council is going to make strive to make our city and our residents and what's going to happen in those issues so for me you know everybody's putting me with the left and all this stuff I'm just trying to look at it from a perspective of what's the best interest of the city um I I'm supporting Dr Ryan Ross but I'm also looking at this from a point of view that we're not getting anywhere and I'm just I understand that's my that is my frustration it we're not getting anywhere so is the best thing is to let the voters of War I make this decision since we can't do it we obviously can't do it we're not going to change our minds so I guess I'm just trying to you know and I know we're in violation of the charter and I do believe in the charter but we're not getting anywhere at all um so that's just kind of my concern and I was just trying to see if there was something that is outside of the box of the things that we mentioned that would Propel or to make something different than what we've been going through right now because I don't know if this is the best interest of the city what we're doing right now and I and again I do support Dr Ryan Ross um but I don't know if this is what we're if we're doing the right thing here mayor and just keep going on and on and on and on and we're not going to we're not going to resolve it we're we're basically stuck we're going to be doing this no one's going to change Chang their minds who who want is it council member marel yeah okay yeah and um yeah my comments were not necessarily in response to your um your question council member lawon though you know um you know you have every right to make a decision what how you feel is best um I I just feel like I've offered the same rationale and I've tried my best to um feel that I'm voting my values and and sharing with everyone the ways in which I'm making decisions and um I just in good conscience can't um for me move away from that um and I I just feel very strongly about the reasons that I stated um yeah and I also supported um earlier the the the proposed ordinance to uh as a remedy to bring this to the voters so you know that would be a future um scenario to alleviate us from this um scalemate potentially um in lie of uh well hopefully in addition um now moving forward to a vote of the people so um yeah just different um and councilman Mario I wasn't trying to be disrespectful to you I'm just telling you my values so we're very we're different you know how I look at things and how you look at things I don't expect for you to be aligned you know we we do things differently think things differently so no disrespect to you with my comments I'm just trying to see what the resolution would be and I I'm just wondering is is the best case scenario in this case and I hate violating the charter is the best case scenario right now is to let this go to the voters and let them decide who they want their War I council member to be a question for the City attorney Dan I that was a statement okay Dan if we were to lay this over until the 29th then at we still we would not at that time be in violation am I correct I think uh your last meeting is um the 23rd 23r 26 26 26 sorry the 26th so we would not be in violation at that time correct okay um the council member Lawson is it your desire than to lay it over till the 26 it is my desire mayor I'm going to propose a motion to delay this to the 26th I think it's going to be the same result but I think that at that time people are just going to have to make a decision um so I that's my motion I I say it more properly I don't know it's been moved by council member Lawson second by council member Grover uh to lay uh item number 17A over until the 26th of July the regular meeting of the 26th of July uh discussion yes mayor mayor put I I heard council member Lawson say possibly the voters should decide so which are we doing we're delaying it or we're letting the voters I believe that uh council member Lawson can correct me but her motion is to delay it to lay it over until the 26th but she said twice let the voters a possible solution I just want to get clarification sorry oh mayor Pro I I'm willing to delay this over um until the 26th again my commentary is going to be the same result but I think at that point we have to make a final decision okay but my colleagues can sure you know refute me on this or whatever they want to say okay very well further discussion on the Lawson motion to lay uh item number 17 over until the regular meeting of the 2016 yes mayor council member m just off chance here but do any of our atlarge council members live in War I no no okay never mind well what council member Marcano can I what's what's your point well I was going to say if since we are we appear to be deadlocked if one of our at large Council members lived in War I we could move to nominate them and then not violate the charter because that would open up another vacancy that we'd have to fill but I think we're close enough to the election that that one if I'm not mistaken the way it's currently uh written would just carry it on to the next election but yeah okay I think we're uh out there right now trying to creatively here okay oh I have one mayor for town we could appoint the mayor to be the ward 2 council member I tell you what I was doing I was there this weekend driving with the constituent down on gunclub road she was pointing to me all the the complaints that she had and they were certainly legitimate um so uh the there a further discussion to on the LW and motion uh seeing n where the cler please call the role on the the a in motion to lay um item number 17A over until the regular meeting of the 26 of July mayor Kaufman yes mayor protin Bergen yes Council mayor bersin yes and this is the same motion that we did on the third vote and we're now on the 37th I'm glad somebody's keeping track yes I voted yes council member yes council member Garner yes council member guber yes council member hiltz no council member Lawson yes council member Marano yes and council member Mario no the motion passes with seven votes uh seeing uh no further business uh before the city council um meeting is [Music] adjourned [Music] [Music] [Music] you're [Music] sh [Music] for [Music] [Music] [Music] fore for