[Music] do [Music] uh so [Music] [Music] [Music] my foreign [Music] [Music] do [Music] [Music] [Music] [Music] the regular meeting of aurora city council for monday june 28 2021 is called order with the court please call the roll mayor kaufman yeah mayor pro tim bergen yeah council member berzins here councilman coombs president councilmember gardner councilmember gruber here councilmember hiltz here councilmember lawson councilmember marcano president and council member mario there's a quorum i'd like to have a moment of silence for uh the arvada police officer and the good samaritan who recently lost their their lives uh in a deadly shooting please join me in a moment of silence uh please join me in the pledge of allegiance pledge allegiance to the flag of the united states mayor can we do the announcement for the call in line please proceed good evening the city council welcomes feedback from residents at council meetings and when connected press star 3 to get in the queue to speak don't forget the star you're a prompt confirming you are in line to speak to an operator and then be able to get into the meeting until the operator comes on to take down your name and agenda item you wish to be invited to be heard or on a specific agenda and have not already been screened please press star 3 before the item is called by the if you have already spoken to the operator you do not need to press star 3 again i'll sign up for public invited to be heard prior to it being called by the clerk may still press start to speak on non-agenda items at the end of the meeting depending on the volume of may take a minute or two to be connected to the operator so please be patient enter the prompt after pressing star 3 you are in line to be thank you executive session uh update uh matters were discussed pertaining to litigation um approval of the minutes for april 12 2021 uh motion motion name yes motion second uh it's been moved by um mayor pretend bergen seconded by council member uh gruber to approve the minutes of uh april 12 2021 uh discussion uh uh seeing none with the clerk please call the roll on the approval of the minutes uh from april 12 2021. mayor kauffman yes councilmember lawson yeah coons yes yeah council member mcconnell yes councilman yes councilmember murdio yes console member hilts yes councilmember berlins yes mayor parton bergen yes councilmember gardner yes promotion passes we have uh one uh proclamation uh to celebrate uh the uh our first uh official juneteenth uh celebration here in the city of aurora and then and that took place across the country as well as recognized uh by the federal government whereas on january 1 1863 president abraham lincoln issued the emancipation proclamation setting in motion at the end of slavery in the united states and whereas it was not until june 19 1865 that it was announced to those still enslaved in texas that quote the people are informed in accordance with a proclamation from the executive of the united states all slaves are free unquote and whereas celebration of the end of slavery which became known as juneteenth is the oldest known public celebration of the end of slavery in the united states juneteenth commemorates african american freedom and celebrates the successes gained through education and greater opportunity and whereas on a larger scale celebrating ju teens reminds each of us of the precious promise of freedom equality and opportunity which are at the core of the american dream and whereas the city of aurora recognizes that the intrinsic value of celebrating juneteenth lies in the acknowledgment that there remains much work to be done in addressing equity inclusion and equal rights in order to overcome racism in our country and in our community now therefore i'm mike hoffman mayor of the city of aurora do hereby proclaim saturday uh the 19th of june 2021 as juneteenth and encourage all community members to become aware of the significance of this celebration in american history and in the heritage of our nation and state in witness where of whereof i here i have here to set my hand and cause the seal of the city of aurora colorado to be affixed this 14th day of june 2021 mike hoffman mayor aurora colorado uh public invited to be heard um uh you're coming in broken kitty kd we we do have a few people invited to be heard i think roger is trying to get them on the line he's having some connectivity issues as well so we're going to get them on the line one sec okay all right mark you have three minutes uh can you hear me yes okay this is my wife my name is mary sebastian my husband and i appoint two subdivisions we're calling to voice our concern that the east bank shopping center located at the northeast corner of quincy as proposed will be unsafe for our current neighborhood residents if a loss as currently proposed we would lose access to the stoplight in the mall leave our subdivisions please don't allow this project having safe access to it before during and after any approved construction please remember that quincy and parker is one of the busiest intersections denver area we need the use of a traffic signal thanks for your time and thanks thank you gail is next get let's go ahead gail you have three minutes go ahead did you call gail yes we did i can barely keep breaking up so much i'm a member of the hoa for peer point and we have awful terrible traffic patterns already and it is unsafe to even use atchison way which is our main access 0.5 villages which encumbers a 451 units the project is allowed to go forward we will not have access to either forward mayor we might want to come back in a minute to this i think that they're having some issues with their connectivity some some kind of technological issues mayor you're muted uh okay uh let us proceed then and then uh katie let me know when we can come back to public invited to be heard uh adoption of the agenda uh get emotions mayor so moved that's been moved by council member gruber seconded by uh to approve the adoption of the agenda um with the discussion this thing done with the clerk please call the role on the adoption of the agenda mayor pro tim bergen yes councilmember marcano yes councilman lawson yes councilmember hiltz yes yep councilmember gardner yes yes councilmember coombs yes yes council member berzins yes member maria yes councilmember gruber yes the motion passes i need a motion to approve the consent calendar items number 10 a through 10 h with items number 10 a 10d 10g 10h uh requesting waivers of reconsideration mayor motion uh um burgundy thank you a motion to prove 10 a through 10 h with 10 a d g and h having a waiver of reconsideration as we move by uh mayor tim bergens uh second by councilmember gruber uh to uh approve the consent calendar uh with waivers with waivers of reconsideration request on item number 10 a10d 10g 10h uh discussion mayor uh councilman ricardo i'd like to request item 10e be removed from the consent calendar very well finder number 10e will be removed from the consent calendar so the motion then is for item number uh 10a through d in 10 f through h further discussion uh seeing none with the clerk police call a role on the adoption of the consent calendar as amended councilmember yes yes hoffman yes councilmember hiltz yes councilmember cruz yes yeah it's remember lawson yes multiple member gardner yes councilmember mario yes mayor pretend bergen yes councilmember gruber yes and councilmember burzins yes the motion passes let's please read the title model number 10 e item 10 e's consideration to award a single source contract to waste management of colorado incorporated inglewood colorado and the amount not to exceed 345 000 for landfill services at the denver arapahoe disposal site through june 30th 2022. mayor moon to [Music] uh um council member hill still approve item number uh 10 e discussion uh seeing nedland clerk please call the role in the adoption of item number 10 may your call open yes councilmember gardner abstain councilmember lawson yes airport tim burgin yes silver bursons yes councilmember hilts yes councilmember coombs yes councilmember cooper yes councilmember marcano yes council member yes the motion passes um and mayor i think we have roger back on the line okay please okay thank you all right we're gonna go back to gail gail you have three minutes go ahead yes my name's gayle davis i've lived in pier point 5 for 30 years i am a member of the hoa board we already have plenty of traffic problems in our neighborhood and this allowing this development would go forward would almost get give us no access from our entire community which consists of 451 units please do not allow this development to go forward it would be a terrible frustration for us who live here thank you thank you thank you yeah you have cynthia you have three minutes thank you my name is cynthia quank and i'm a 20-year resident in ward 5 pierpoint village five and i am also calling to express concern with the development for the um shopping center in our neighborhood i would respectfully ask the council to not cut not approve this project as planned um if the project does go forward i would like to see a smaller project and i would like to see some remediation of the traffic issues particularly egress issues from our neighborhood onto quincy and parker road and i would if you need more information i would very respectfully request the council members and the mayor as they have time to come to our neighborhood at morning rush hour and try to lead it it is very difficult and very dangerous and i thank you very much for your time all right thank you next is cheryl cheryl go ahead you have three minutes hello i live your point six and i agree with these others that have been on the line the traffic has gotten so bad since us especially since our last covet restrictions were lifted we cannot even get out of atchison any longer we have to go through the mall and use their light to get out and the proposal is to remove that entryway from us and we will basically be landlocked in here and uh this is really going to deter our our lives and our homes and i think even in spite of the real estate today i think it will still make us lose the need in our homes thank you guys i'd like you to oppose it okay mayor that was the last um caller okay um i understand that there will be another announcement of the call online and we will take a five minute recess the time is now at 5 53 we will reconvene at 5 58 councils stands in recess thank you residents who would like to speak on a resolution or ordinance and have not already been screened please press star 3 before the item is called by the clerk for those watching on channel 8 please dial four seven 855-695-3475 to be connected and then press start three council has taken 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 hear the prompt after pressing star 3 you are in line to speak to an operator thank you lost in your eyes can you hear me [Music] can you hear me hear me [Music] close to me close to me [Music] can you hear me [Music] [Music] can you hear me [Music] do [Music] [Music] [Music] [Music] [Music] uh council is uh now back in session uh with click please read the title of item number 11a 11a is resolution 2021-47 a resolution of the city council of the city of aurora colorado expressing the aurora city council support of the city of aurora colorado funding ready to work aurora with a rehabilitation grant using community development block grant covered nineteen dollars brief discussion description by staff yes good evening mayor good evening council this represents a funding agreement out of our covid cdbg dollars in the amount of 75 000 for ready to work in relation to our response to the cares uh act use of funds and the covet 19 pandemic [Music] second by um councilmember lawson to approve uh item number 11 a discussion mayor uh mayor jim yes i'm supporting 11a i just would like to request a annual report be given to all of council requests for annual report to counsel any objection no seeing none there will be an annual report provided to council further discussion uh seeing none uh the question before says the adoption of item 11a with the clerk please call the roll councilmember lawson yes mayor pro tem bergen yes council member hills yes councilmember gardner yes council member maria yes councilmember burzins yes councilmember gruber yes councilmember marcano yes and councilmember coombs yes resolution 2021-47 passes look now please read the title number 11b item 11b is resolution 2021-48 a resolution of the city council of the city of aurora colorado expressing the war city council support of the city of aurora colorado funding restoration christian ministries with a rehabilitation grant using community development blocked grant open nineteen dollars brief security description by staff yep absolutely uh mayor council this represents uh the fourth of the funding agreements that will be presented this evening all relate to our covert 19 responses motion mayor all right councilman mcconnell move to approve 11b it's been moved by councilman mcconnell in by booms uh councilmember comes to approve on number 11b discussion mayor uh mayor pretend uh yes just request an annual report with results uh manpower um has requested an annual um performance evaluation uh of the program uh as with the prior um uh resolution uh is there objection uh seeing none um the annual performance audit of the program will be in order uh further discussion i've seen another question before uh councilman mcconnell apologies mayor um what would success i guess look like uh for this um for the mayor pro tem since you know the previous uh request i think makes a lot of sense because they have clear deliverables what are we looking for for this one um mayor mayor dominic uh yes i'm just looking for you know how many people were helped just basically just an idea of how those monies were spent okay makes sense thank you thank you uh further discussion uh seeing no question i'm sorry is there further discussion uh scene now the question before says the adoption of item number eleven b with clerk please call the roll consumer gardener yes councilmember lawson yes councilmember coombs yes councilmember mario yes councilmember hiltz yes councilmember gruber yes mayor pro team bergen yes councilmember persons yes mercado yes the motion passes to approve resolution 2021-48 uh with the clerk now please read the title vitamin number 11c item 11c is resolution 2021-49 a resolution of the city council of the city of aurora colorado expressing the aurora city council support of the city of aurora colorado funding village exchange center inc with community development block grant copa 19 funding for their meals and wales activities for the year 2021 uh brief description by staff sir again this is in reference to our funding for covet 19 at our cdbg covert 19 my cares act funds promotion america cosmonaut column we have to approve 11c who my councilmember mcconnell is second to by films uh second by councilmember coombs to approve on number 11c discussion mayor not memphis yes singh uh request for a performance report uh is there objection to an annual um uh a performance report uh that's put forward by the mayor pretend uh seeing no objection uh um mayor oh council member hills councilman yeah i don't have a problem with performance evaluations i guess my question is that a performance evaluation is a very set prescribed process that's a lot more than just tell us what you're doing and so i just would like for maybe the mayor pro tem to get with staff and bring back kind of a proposal for what that looks like just because we've done this in the past for rfps and they've typically gone through committees when we've prescribed something like that it's just i mean what are we talking there's just a lot of different kinds of performance evaluations so just to be clear mayor yeah thank you um yeah i'm just asking for transparency to our taxpayers and so that they know that the funds were well spent so not anything elaborate but i do expect uh just a report back on how those monies were used i i think i don't know if i'm using the wrong terminology well let me put it let me um see if i can average the difference between the two and i think what council member hills is saying is that that we need specific you know what are um how do we qualify success or how do we quantify success and i think that um it may pretend if you can work with staff on maybe something and i maybe we need to set some time um in a study session uh just to say what these performance evaluations will look like so if you can work with staff and maybe come up with some criteria for a report on the results right for tonight for that this is jessica um those those reports are required for this type of federal funding so um it's laid out exactly what we're you know we have to track a low mod income we have to track the number of people served all of that is part of this agreement so i just wanted to make that clear mayor pro tem we can certainly provide you what we would be collecting from the agency see if that would be sufficient thank you jessica and that's exactly what i mean it shouldn't be a big task because they are supposed to get those results anyway so i just want it provided okay um i i stand corrected uh uh if i understand that the mayor pretend would be would consider it sufficient to uh share that that federal that the data submitted to the federal government uh to the with the members of the city council am i correct uh mayor pretend i would like a report from each agency on where the monies go and how we have helped our our citizens okay uh jessica prosser is that covered in the reporting data to the federal government yes it is okay so if you could share that information with the city council i think that would be sufficient for that request uh further discussion uh seeing none then the question uh before says the adoption of item number 11c where the clerk please call the roll councilmember combs yes councilmember hiltz yes councilmember mario yes councilmember marcono yes councilmember gruber yes councilmember lawson yes councilmember gardner yes mayor pro-tamberga yes councilman robertson yes the motion passes for resolution 2021-50 uh with clark now please read the title to item number 11d i'm sorry 2021-49 11 d is 20 20-50 a resolution of the city council of the city of aurora colorado expressing the aurora city council support of the city of aurora colorado funding the asian pacific development center of colorado with community development block grant coping 19 funding for the activities in the year 2021 uh brief discussion by staff yes this represents funding for asian pacific development center in relation to our cover 19 dollars in cdbg grand dollars motion mayor dave cooper councilman gruber move to approve 11d it's been moved by councilmember we're second by second uh second by councilmember mcconnell to approve item number eleven uh d uh discussion mayor uh mayor tim just requesting the same report uh any any objection uh seeing none the same information will be disseminated to members of council further discussion uh seeing none uh the question before says the adoption of vibe number 11 d with the clerk please call the roll once member lawson yes councilmember mario yes councilmember gardner yes yes councilmember berzins yes yeah councilmember hilts yes councilmember marcano yes councilman coombs yes remember gruber yes mayor pro-tem bergen yes the motion passes to approve resolution 2021-50 with the clerk now please read the title item number 11e item 11 e is resolution 2021-51 a resolution of the city council of the city of aurora colorado expressing the aurora city council support of the 2021 winter round affordable housing gap financing program funding recommendation for the rohr housing authority of the city of aurora brief description by staff absolutely this project represents uh implementation of our housing strategy and our funding using gaap financing about 750 000 in home funds our partner the aurora housing authority to produce about 100 units of affordable housing in ward 2. uh motion mayor councilman mcconnell move to approve 11e it's moving by council member mcconnell was seconded by bergen councilmember bergen to approve on number 11e mayor pretend bergen um discussion um seeing none uh with the club please read the rule uh i would call them um uh read the role on on the adoption of number 11e councils yes mayor tim bergen yes defense member hilts yes yes member marcano yes yes councilman mcgruber yes councilmember mario yes councilmember lawson yes councilmember gardner yes and councilmember coombs yes the motion passes to approve resolution 2021-51 oh the clerk now please read the title 11f all item 11f is resolution 2021-52 a resolution of the city council of the city of aurora colorado expressing the aurora city council's support for the intergovernmental agreement between the city of aurora colorado and the state of colorado department of local affairs division of housing for the doh to administer most of aurora's emergency rental assistant program funds uh breaches description by staff yes mayor council this represents an intergovernmental agreement to administer rental emergency rental assistance funding city of aurora received an allocation of 11.4 roughly 11.4 million of which 9.4 million will be under the administration of the state this is a process that they're utilizing throughout the state it helps cut down on duplication of benefits and a city of aurora will be retaining a portion of those funds um motion mayor uh councilmember comes move to approve 11f removed by council member coombe seconded by uh council member mcconnell to approve on number 11 f uh mo uh discussion uh sitting down with clerk please call the roll on the adoption of item number eleven f mayor pro tem bergen yes councilmember hilts yes councilmember combs yes councilman gardner yes councilmember gruber yes councilmember lawson yes councilmember berzins yes councilmember mario yes councilmember marcano yes the motion passes to approve resolution 2021-52 clerk please read the title time number 11g item 11g is resolution 2021-53 a resolution of the city council of the city of aurora colorado expressing the war city council's approval of a loan from the city's general fund for various projects by elevation community land trust uh motion i mean sorry description uh brief description by staff no problem this represents a pilot project for uh the elevation community land trust for the land trust model for permanent affordability for units in the city of aurora motion mayor uh councilmember gruber move to approve 11g been moved by councilman grover second bye uh second by council member lawson to provide number 11 g discussion mayor councillor gruber if i could this is this is a pretty um exciting way to support affordable housing my understanding is is that the land trust will own the land uh the builder will build on top of the land uh this is one case there's a few different examples but the idea is is that the person moving into that affordable house will only pay for the bricks and sticks whereas the land holder the elevation land trust will continue to own the land so what this does is it provides affordable housing while providing help and assistance to the buyer and it also provides a return on the investment to the buyer uh because the buyer first off has to pay for rent a minimal rent for the property itself and then secondly when the house is sold the owner will the the owner will receive some limited amount of the capital gains uh i think that's very exciting i think this is a way uh for us to provide support to the affordable housing to meet our affordable housing needs while at the same time not hiring city employees to do it all of the management will be done by the charity the 501c3 elevation land trust so i i think this is a very powerful and very exciting way to move forward okay another discussion oh i'm sorry further discussion mayor uh mayor pretend just a question on so we we're giving um the loan from the city's general fund and maybe i missed it it it's if it's not repaid what would be recourse so council member it's actually a zero interest loan that essentially functions as a grant to underwrite the affordability in the pr in the uh home if the person moves it is a resale and recapture meaning if they do okay so we're correct and i will say councilmember gruber that was an excellent description i'll make sure that you are on our housing task force but i'll just make one correction uh it's not rent these are uh home ownership opportunities so these are mortgages so uh so may i follow up please so um it's a grant and then when the when the first owner then moves out sells the you're saying the profit then goes back into the program correct it stays within the the unit it stays within the single family and or town hoser townhouse unit so the affordability doesn't go with the person it is right the land and with the building so whoever replaces that person will also reap the benefit of the initial investment and affordability okay thank you so if if there were a um default uh it would it would go through the foreclosure process and not the eviction process am i correct correct okay further further discussion i've seen now the question before us is the adoption of item number 11g with the clerk please call the roll council member hilts yes mayor pretend bergen yes councilmember gruber yes councilmember lawson yes council member mario yes councilmember marcano yes councilmember berzins yes councilmember gardner yes council member coombs yes the motion passes to approve resolution 2021-15 uh clerk please read the title number 11 h all right i'm 11 h is resolution 2021-54 a resolution of the city council of the city of aurora colorado appointing a member of the board of directors of the havana business improvement district motion mayor uh councilman mcconnell move to approve 11 h uh the second is there a second it's removed by councilmember mcconnell second bye uh uh councilmember to approve out of number 11 h discussion as seen now the question before us is the adoption of item number 11h with clerk please call the world councilmember lawson yes councilmember maria yes mayor pro-tem bergen yes member hilts yes yes councilman councilmember coombs yes councilman gardner yes councilmember gruber yes council member burzens yes and council member marcano yes the motion passes to approve resolution 2021-54 right now please uh the title time number 11 i or if i could real quick we didn't announce it but i want to congratulate john sanchez for the appointment to the board we didn't announce his name okay uh with click now please read the title time number 11 i item 11i is resolution 2021-55 a resolution of the city council of the city of aurora colorado approving the inter governmental agreement between the university of colorado police department and the city of aurora regarding the extension of police powers in authority brief description by staff hi sir this is uh chief wilson here and i also have chief rapola from university as well brief description sorry sorry i was waiting for megan i thought she was going to handle this but we can uh we can cover it megan are you here from i'm here um this is the same intergovernmental agreement from study session last week essentially we just made some changes so that the um apd and cu can change their ois policies to be involved with the 17th and 18th judicial teams what is ois officer involved shootings thank you but uh this um motion mayor person uh me uh councilmember persons thank you move to approve 11i removed by councilmember burns in second or by kruger uh councilmember gruber to approve item number 11i discussion seeing another question before says the adoption of item number 11i with the clerk please call the roll council member marcano yes councilmember hilts yes councilman mcgregor yes councilmember gardner yes councilmember coombs yes councilmember lawson yes councilmember berzins yes mayor pro tim bergen yes councilmember yes the motion passes to approve resolution 2021-55 dart now please read the title to item number 11j item 11j is resolution 2021-56 a resolution of the city council of the city of aurora colorado adopting an investment policy brief discussion by staff theresa uh hans hernandez this is terry sure i'll give a velasquez overview this is to update our investment policy periodically we do a review with our investment advisor which is insight they've provided several different uh changes to this investment policy um our perspective on the policy is for safety liquidity and return and this policy does achieve that i'm sorry sorry terry i'm here i was having trouble finding the unmute button um but most of the changes that we have proposed are housekeeping in nature there are a couple that are more substantive and i am happy to go through those if council would like that they have been presented to both committee and study session but i'm happy to go into more detail i just want a brief description uh motion here dave gripper move to brazil move to approve 11j okay moved by councilmember second by second gardner uh sent by councilmember gardner to approve our number eleven j discussion scene on the question before says the adoption of vibe number eleven jay with clark please call the roll council member hilts mayor i have a question can i still ask you please sorry okay police proceed sorry i was scrolling through to see if i had missed it but do we do we invest in um the private prison industry we do have the ability to invest in corporate securities and that is not limited to [Music] certain corporations it is limited to there are certain rating criterias for the corporates that we invest in but it's not limited as to industry to my knowledge we don't have any investments in that industry at this point okay and then i think the last time we got or had a conversation around the investment policy we were investing in some um components that pretty much incentivized police in a circular way so i would like to chat maybe after this and offline about if that's still occurring and what we as council can do for that but in terms of changing the policy for this specific ordinance um i'm a yes but i do have some follow-ups um for future discussions if i understand the um the policy it's around credit quality is it not that is correct we have limitations on credit quality um uh with the staff please call the role in the adoption of number 11 j council member helps yes council member burzen yes councilmember mario yes council member gardner yes yes councilmember combs yes council member gruber yes councilmember the motion passes to approve resolution 2021-56 with the clerk now please read the title talk item number 11k item 11k is resolution 2021-57 a resolution of the city council of the city of aurora colorado approving the intergovernmental agreement between the city of aurora colorado and the county of arapahoe state of colorado regarding construction cost sharing for the high plains trail and bridge brief description by staff this is tracy young manager of pro's planning design and construction this iga with rockwell county is for the construction of the high flames trail and bridge at parker road the iga identifies cost sharing with a number of partners including aurora's contribution of five hundred thousand dollars the ija also includes ownership and maintenance responsibilities for various segments motion mayor all right councilmember mcconnell thank you move to approve 11k move by councilmember mcconnell seconded by uh mayor dan bergen to approve item number 11 uh k uh discussion mayor mayor uh councilmember mcconnell thank you i just wanted to say that i think this is going to be a worthwhile asset and the great separation as part of this project is really really critical to keeping bicyclists safe and i also wanted to state that the title sheet is still incorrect we did move this forward with recommendation i think unanimous recommendation from the committee and i just want that corrected for the record thank you further discussion uh member tim yes i just wanted to also echo that i'm excited that this is being done and to point out that um the city of aurora's contribution of 500 000 is um is part of the total which was 7.36 million further discussion saying now the question before says the adoption of number 11k with the clerk please call the roll mayor tim bergen yes councilmember marcano yes council member coombs yes councilmember mario council member group yes councilmember lawson yes councilmember gardner yes councilmember hiltz yes councilmember berzins yes the motion passes to approve resolution 2021-57 well the court now please read the title vitamin 11l item 11l is resolution 2021-58 a resolution of the city council of the city of aurora colorado expressing the aurora city council's support for an agreement between the city of aurora colorado adams county and bayou enterprises for a pilot program to assist veterans experiencing homelessness or housing and security to find permanent work is rural veterans uh affairs commission uh chairman ralph charlotte uh with us to see me may i don't believe ralph was able to get this okay let me let me give a brief description the program uh is essentially builds on an existing program that adams county has for non-veterans and this will be exclusive for veterans where they will work for a pros aurora post department for 24 hours a week and spend the rest of the time in intensive case management and that is to find housing for them which is not too difficult for veterans given the hud-vash voucher program and to work with them on any other issues that they might have with the goal of getting them a job that will provide for them the ability to have stable housing motion mayor dave gruber customer mayor move to approve the level that's been moved by council member grover seconded by services staff requests that the approval there be a waiver of reconsideration on this agreement this item the agreement is to start july the one so that's why we want the waiver reconsideration on this item okay very well there um uh to include the waiver of reconsideration it's been moved by councilman gruber uh to approve number 11al with the waiver reconsideration uh is second second persons so it's been taken up by councilmember bergens uh uh to approve number 11l with a waiver reconsideration discussion by seeing none the question before us is the adoption of item number 11al with the clerk please call the world council member mario yes councilmember marcano yes council member grouper yes councilmember hilts yes councilmember lawson yes mayor pro-tem bergen yes councilmember coombs yes councilmember berzins yes and councilmember gardner yes the motion passes to approve resolution 2021-58 with the waiver of reconsideration uh the time is now um 7 32 uh we will stand in recess until 7 00 30 8. now it's 7 33 we'll stand in recess until 7 38 so staff can prepare their all in life we are now in the city council is in recess stanza recess thank you residents who would like to speak on an ordinance and have not already been screened please press star 3 before the item is called by the clerk for those watching on channel 8 please call 855-695-3475 to be connected and then press start three don't forget to stop the star council has taken 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've heard the prompt after pressing star 3 you are in line to speak to an operator thank you [Music] my [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] so [Music] [Music] i'll be here with you all night [Music] i'm getting lost in your eyes [Music] can you hear me [Music] [Music] [Music] the regular meeting uh for the aurora city council for june 28 2021 is called back to order um uh public um with clerk please read that the title to item number 14a 2021-22 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 and between the aurora capital leasing corporation as lisa and the city of aurora colorado as we see authorizing officials of the city to take all action necessary to carry out the transactions contemplated hereby and other related matters description my staff hello this is andrew jamison sorry um see it's a basically an acquisition focus uh on heavy equipment primarily trucks and fire trucks for a period of roughly seven years at just right now to exceed five percent uh motion mayor dave gruber cosmo grover moved to approve 14a it's about by councilmember grover second bye uh segmented by mayor which uh bergen to approve on number 14a discussion uh seeing no discussion the question before this is the adoption of item number 14a will the clerk please call the roll council member gruber yes council member mario i'm sorry councilmember mario i didn't i couldn't hear you yes i got that thank you uh councilmember hiltz yes councilmember marcano yes councilmember coombs yes mayor pro tim bergen yes councilmember burzen yes councilmember lawson yes councilmember gardner yes council member gruber i mean i'm sorry i already called your name the motion passes to approve ordinance 2021 justice 22. well now please read the title time number 15a item 15a is um ordinance 2021-16 an ordinance of the city council of the city of aurora colorado rezoning two separate parcels of land measuring 44.343 acres more or less at the northeast corner of south airport boulevard in east alameda parkway from business tech district to mixed-use corridor district and medium density residential district and amending the zoning map accordingly a brief discussion by staff a brief presentation by staff mayor this is uh brandon camerota with the current planning department and uh we made a presentation at the last council meeting as as well but in general this proposed rezoning is consistent with the comprehensive plan for muc and r2 zoning and was recommended by the planning commission and the location of the proposal is at the northeast quadrant of airport boulevard and alameda parkway um discussion i'm sorry motion motion mayor moved to route 15a that's where my councilman gruber seconded by i've been asked several times about this uh this particular piece of land and this project has been coordinated with buckley air force base and buckley air force base has no comment so there's no there's nothing um holding his back where there isn't further discussion uh so the question before says the adoption of item number 15a with the clerk please call the roll council member marcano yes councilmember gardner yes councilmember hilts yes councilman gruber yes councilmember mario yes councilmember berzins yes councilmember coombs yes mayor pro-tem bergen yes councilmember lawson yes the motion passes to approve ordinance 2021-16 well we'll collect please um read the title item number 15b item 15 20 21-20 an ordinance at the city council of the city of aurora colorado approving the amended and restated service plan for the windler homestead and metropolitan district and authorizing the execution of an intergovernmental agreement between the city of aurora colorado and the district a representation my staff yeah good evening this is jacob cox manager of development assistants um so this presentation will cover both the windler and the wh number one metropolitan districts uh both are generally located at the southeast intersection of e-470 and 56th avenue both districts are part of the when their homestead master plan area there is an approved development plan on file for this project however it's anticipated that an amendment to this plan will be coming in shortly this development is planned to be a mix of residential commercial retail and office uses the population at build outs anticipated to be around 5 600 residents and the districts are requesting an increase in the total debt issuance limitation from 112 million to 850 million for windler and 127 million to 950 million for wh number one in addition in addition the districts requested the ari mill levy change from the model of increasing number of mills collected over time to five being collected uh starting at year one through 40. these requests are being made due to increase in construction costs as well as updated development plans and i believe we do have representatives if you have any other questions thank you the motion thank you move to approve 15b so it's been moved by councilmember um version second by customer gruber to approve on number 15 b discussion mayor claire uh mayor tim uh just on the five mills um for clarification that is on the ari of the um aurora regional improvement district that is correct mayor protem thank you councilmember coombs um yeah so i know we talked about this already in um study session but if we can just get clarification about what the changes in the plans are that justify over a million dollars in increases to the debt issuance limit um is chris fellows here tonight i am jacob hi chris thank you uh yes uh councilmember combs the there are several reasons one of the biggest is that the original debt uh limit authorizations were put in place in the 2003-2005 time frame so construction costs on some items have gone up over a thousand percent in that time frame there are some additional costs that are anticipated within the community like the construction of the on and off ramps at 48th avenue and e-470 a couple of frontage roads some additional improvements some enhanced park amenities so some of the anticipated improvements are significantly greater than they were but the biggest reason is the difference in construction costs between the early 2000s and now and given the magnitude of the project anticipated funding of construction improvements over the next 10 years we believe there will be considerably more increases in cost during the next 10 years so we needed more debt authorizations in order to provide proper flexibility and the proper ability to manage the public financing further discussions uh seeing none uh the question before says the adoption of item number uh uh 15 b uh with clerk please call the rule council remember lawson yes mayor pro-tem bergen yes councilmember coombs yes councilwoman burzins yes councilmember gruber yes council member mario yes councilmember hilds yes councilmember gardner yes and councilmember marcano yes the motion passes to approve ordinance 20 21-20 well mclaren now please read the title i'm number 15 c item 15 c is ordinance 20 21 21 for the city council of the city of aurora colorado approving the amended and restated service plan for the wh metropolitan district number one and authorizing the execution of an intergovernmental city of aurora colorado in the district uh staff previously gave the briefing on this um motion mayor councilmember gardner motion to approve item 15c boom by councilmember gardner second by uh councilman gruber to approve our number 15 c discussion see no discussion the question before says the adoption of violence 15 c with clerk please call the rule mayor pro tim bergen yes councilmember gardner yes councilmember gruber yes councilmember hiltz yes councilmember maria yes councilmember marcano yes council member gardner yes remember combs yes councilmember lawson yes councilmember burzins yes the motion passes to approve ordinance 2021-21 i remember 19a consideration to appoint three members to the oil and gas advisory committee uh motion mayor uh uh mayor patel bergen a motion to uh brad pierce maxwell blair and josh riddell to the oil and gas advisory committee is there a second removed by council members by council member gruber to appoint the previously named individuals to the oil and gas commission uh discussion mayor um councilman hilton thank you um now that we have an oil and gas division and an oil and gas manager i just i don't know if this is a pr plus conversation but about um the role and necessity of this commission given the many many changes that have come in and what that might look like if it were to evolve or change or just would like to throw that out there as a conversation given the new department gushes mayor uh councillor combs um yes that issue is going to be coming to the pr plus committee for um i believe this month so that will be under further discussion or sorry we already met this one so for next month so it will be under further discussion further discussion as soon as you know the question before us is the adoption of item number 19a uh will clerk please call the world mayor kaufman yes yes mayor pro tim burgin yes councilmember lawson yes councilmember hill yes councilmember gardner yes councilmember coombs yes councilmember burzins yes councilmember mario yes council member marcano yes councilmember gruber yes the motion passes in 19b consideration to appoint one new member to the metropolitan wastewater reclamation district board motion mayors thank you move to a point bob roth to the metropolitan wastewater reclamation district board of directors second second it's been amended by uh council members and second by uh councilman groomer to appoint bob roth to the metropolitan wastewater reclamation district board councilmember combs mayor yeah so we had the option to appoint either bob roth or brad pierce for the minutes and i would like to move to a point brad pierce i think he has demonstrated a lot of leadership in our community since his time on council and has demonstrated collegiality and collaboration with the council members again since his time in leaving um and has been participating in other community activities to make sure that everyone in our community is fully included so i'd like to have a substitute motion to appoint broadcasters air point of order uh counselor i believe there's a motion on the floor well there can be a substitute motion but i need a second for it second uh it's been uh uh moved and seconded um um for the substitute motion uh to appoint um brad pierce uh to the metropolitan wastewater reclamation district board um a discussion on the substitute motion yes mayor uh mayor tim yes um both are very qualified obviously they've both been council members and and served on water policy committee in the past um i i know that um in talking to the director of water that it was not it needed to be someone that was no no longer on council can we is marshall brown available to or someone in the water department to give their reasons why they recommended bob roth due to his his background staff yeah thank you mayor council this is marshall brown general manager of aurora water um as was mentioned both uh ex-council member roth an ex-council member piers are highly qualified uh for this type of position councilmember roth or ex-council member roth was originally recommended first partially because of his not only his experience on council but he also has experience in the construction industry we have multiple representatives on the metro wastewater board we have very strong legal representation very strong financial representation we've had historically very strong operational representation there we're losing that representation um this year with the retirement of dan mikesell so bob roth was the the first recommended candidate because his uh experience in operationally related things in the construction industry we felt most closely matched his uh the need on the vacancy with the board and so again both highly qualified both um long um ten years on council um knowledge of metro but we felt bob roth matched a little bit better the the need that we had with the vans further discussion mayor councillor hills thank you um i'm going to not support brad pierce i just want mr pierce to know that it's not personal you know mr roth was recommended by water there was a discussion about this at the committee and i know that in the past several of my colleagues have expressed concern about people serving on multiple committees and we did just to point him to the oil and gas board commission and so i'm going to go with staff's recommendation but i just want you know mr pierce to know that it's certainly not an indication of his lack of qualifications but just what marshall was saying thank you thank you and and i that they're they are both extraordinary uh candidates and uh brad pierce was also on uh the what they call the noise committee which is uh uh aviation noise advisory committee as well and uh um further discussion on the on the um coombs um motion substitute motion mayor i it looks like um it will not pass so i'll withdraw the motion okay uh that motion is uh is withdrawn so the uh the the motion uh to put place bob roth uh on the uh metropolitan wastewater reclamation district board is is in order uh further discussion i see no further discussion with the uh clerk please call the rolling item number the adoption of item number 19b mayor kaufman council member crooms yes councilmember gardner yes councilmember mario yes councilmember lawson yes councilmember gruber yes mayor pro-tem bergen yes councilmember marcano yes councilmember burzins yes and council member hills yes the motion passes to appoint bob roth to the metropolitan wastewater reclamation district board i'm number nine 19c award two council member vacancy appointment um let me first uh defer to um uh our clerk uh candy rodriguez uh because we have two options uh in which to proceed uh katie mayor and council i just wanted to go over the options outlined in the rules of order and procedures so we can vote on every single applicant so i will go in alphabetical order and you provide your top candidate i will read the tally votes out loud and if there's six more votes the mayor will ask for a motion and a second to appoint that candidate if there's not a candidate who received six or more votes the candidate with the fewest votes will be removed and the five remaining candidates will be voted on again council also has the option to make a motion and appoint a specific candidate instead of following this nomination process and get a second and vote to see if they have six in favor uh so the question before us is uh option a or option b as put forward by our clerk um motion mayor uh councilman hiltz thank you motion to go with i don't have the letters in front of me the option for the nomination process um katie is that option number b i think that's b that's the first option i believe that that's option number eight then a okay so uh is is there a second for option a second uh it's been uh uh removed by councilmember hills second by uh councilman mcconnell uh to approve option number a which is a nomination process um a further discussion mayor uh councilmember garner and can i clarify uh candidate needs to receive six votes to move forward not just a majority the six would be the majority uh that's on council right now voting for this position for the absolutely i guess what i'm asking is if no candidate received six then we would move to another round of voting is that correct that's correct all right thank you further discussion seeing none the question before us is the adoption of um option a uh with the clerk please call the roll mayor kaufman yes mayor protembergen yes councilmember berzins yes sir councilman raccoons yes councilmember gardner yes councilmember gruber yes councilmember hilts yes councilmember lawson yes member marcano yes and council member yes okay we will go in alphabetical order starting with mayor kaufman steve sundgren mayor parton bergen steve sunburn i'm sorry i stand corrected sunberg councilmember burzen berg councilwoman coombs ryan roth councilmember gardner robert hamilton councilmember gruber steve sunburn councilmember hiltz dr ryan ross councilman lawson dr ryan ross councilmember marcano dr ryan ross and council member muriel dr ryan ross there are five votes for dr ryan ross one for robert hamilton and four for steve sundberg um katie so reflecting on this option [Music] then we we don't have the they're not there have not been six votes that have arisen uh to support uh any one particular candidate so we will go to another round but we will then be eliminating uh is it three uh candidates then three applicants yes we can eliminate the the jessica giamalvo luke cadanco and robert o'reilly did not receive the votes they all received zero and robert hamilton received one so we can move forward with ryan ross steve sundberg and robert hamilton or just ryan ross and steve sundberg oh we'll move forward with the three all right is there any objection to moving forward with the three mayor uh councilwoman thank you i just have a question so when we had the mayor pro tem we had nominations we closed nominations and then we voted from there and so is that not how we're doing i guess when we were talking about the nominations that's the process i was thinking of but this is a different let me let me defer to the clerk just get some clarification thank you councilmember hills i believe that you do have um you can nominate anybody at any point in time this is just kind of the process to see uh move through the nomination process to see if somebody was going to get six votes right away so if if council or council member does want to go ahead and nominate somebody to for the appointment we can move forward with that as well okay thank you so we could get to round 78 and throw in a whole different person and and follow westminster it has to be one of the applicants one of the six applicants well right right but you can go back to an applicant that that was eliminated in one round in a previous round you can go revisit that application you can bring them back okay thank you very much for that clarification okay uh any further clarification for the city attorney no and again this is all by agreement is how you're doing this so you all agree to the process that that you're following now by putting one name forward and then getting it to the last state the only vote that counts is that very last vote can i ask a question uh uh mayor pretend okay so we're not eliminating the lower votes we just eliminated three three but not hamilton correct um that's correct is there is there um well i'd ask if there was any objection to keeping the three oh okay okay um so um but with the option to bring someone back later if we wanted to because they're correct that's correct that's correct um mayor how do we eliminate somebody and then bring them back once they're eliminated they're eliminated this this is just kind of a nomination process so so council can get a consensus of who they would like to nominate at any point if council wants to to go ahead and make a motion for any of the applicants and see if they can get six votes you're more than welcome to do that we're just trying to um help with the process and use use the nomination if you would like to so if council right now wants to move forward with somebody make a motion you're more than welcome to do that even if it's somebody that you didn't vote for last time okay let me ask you is there is there any objection to to taking a 10 minute recess uh in which uh uh council members can um review this their decisions mayor uh councilmember combs can i just ask a clarifying question so for the clerk if a person was nominated and did not receive six votes would they then not be able to be in the nomination process anyway that's incorrect council there's six applicants and you are more than welcome to make a motion and vote for any of them even if they didn't make it to the next round this is just a process to speed everything up and get to six votes for for the nominations so there's still six applicants on the table if you do not want one of the three that uh if you do want one of the three that were eliminated previously that is your choice so council can move forward with whichever six they want we're just trying to get to six votes from council sorry i just let me clarify so rather if i moved to a point if we were to say just go past the nominations move to appoint someone and they didn't get six votes would they still be able to be nominated yes yeah clerk i believe the answer is yes but kd could you respond to that i i'm sorry raccoons i might not understand what your question was but if you want to go straight to emotion and say i want to to appoint um this one individual and you get a second and six votes then that person can be appointed these are just the two different options of getting to the same place where council says who they want voted we only got to five we didn't get to six so i think i think uh what council member comes with was requesting was clarification that that at any point in time in this process we could go back to somebody that wasn't was eliminated is that your question no that wasn't my question it was if we moved to a point and failed to get six votes then does that knock them out but it sounds like no we can just go back to nominating instead okay correct okay uh any further discussion uh is there objection to taking a 10-minute recess uh seeing no objection the time is now 808 we will reconvene at 8 18 council is in recess [Music] [Music] [Music] [Music] [Music] [Music] me [Music] [Music] is me [Music] me [Music] you me [Music] me [Music] me [Music] [Music] me [Music] [Music] [Music] [Music] me [Music] me [Music] [Music] [Music] [Music] [Music] thank you by the time is now 8 18 um the city council is back in in session and the chair will entertain a motion mayor uh councilmember mcconnell uh move to approve dr ryan ross or to appoint dr brian ross for the word two vacancy um it's it's been it's been moved by councilman mcconnell and seconded by second names uh and councilman mccombs uh to uh councilmember lawson yeah lawson got it in before me okay councilmember lawson uh uh to appoint um uh ryan ross um to the ward two vacancy for the aurora city council uh discussion mayor uh councilmembers thank you uh can i move to appoint someone um you can you can do it make a substantive substitute motion okay i'd like to make a substitute motion to appoint steve sundberg as the ward 2 council member was there a second second to move by councilmembers and second by councilmember gruber to appoint steve sunberg sunberg to the ward 2 vacancy for the aurora city council uh discussion on the substitute motion uh seeing no discussion or would the clerk please call the roll on the um uh person's motion to appoint steve sunburg to fill the vacancy for the ward 2 vacancy for the aurora city council mayor kaufman yes mayor pro-tem bergen yes councilmember burzins yes councilmember coombs no senator gardner yes yes council member gruber yes councilmember hilts no councilmember lawson no councilman mcconnell no and council member no motion does not pass uh there were two the uh mercano motion uh for uh dr ryan ross with the clark please call uh discussion i'm sorry discussion mayor all right councilman mcconnell thank you sir um i just believe that it is important that the person that we appoint reflects the values of the person who was duly elected by the constituents of ward 2. none of us directly represent ward 2 and i've already expressed my extreme dissatisfaction and concern with the fact that we get to choose who serves with us on city council i think that's extremely undemocratic and wrong and uh we should amend that uh portion of our charter uh but given that this is just the rule set that we're playing with currently i strongly believe that the person who fills that vacancy should as closely as possible reflect the values that the voters voted for last time that seat was up for election and based off of our questioning my estimation is that dr ryan ross is the closest that we'll get to that further discussion mayor uh mayor patel bergen uh yes you know i kind of agree that we should not be making that decision either i really think it belongs to the voters of ward 2. and ward 2 has changed drastically in the last few years their number one priority right now is crime and what we're doing about it so i want to say also that nobody is uh nicole johnston so we can't say that dr ross or steve sundberg or anybody is nicole johnston she is their own person and we are looking at individuals and i i don't think we should be trying to equate someone who's running with this person that has left that makes no sense to me whatsoever i think they they may align on some values but they probably do not align on others and that vote was uh one with 49 of the of the voters in uh 2017. so they're 51 that did not agree you know further discussion i'm sorry councilmember coombs um yeah so just a couple of things on that point um i think first of all we're not talking about the next election right now we're talking about the last election and so this vacancy appointment is about filling someone or appointing someone to fill out the term that was decided in the last election the voters will decide the next election in the next election i think that appointing people currently running for office is also a way of putting your thumb on the scale in that election and finally councilmember johnson won with 49 of the vote in i think a five-way race and there are members of this council um who are currently here with 30 of the vote so i don't think we need to look at 49 percent as a small percentage um for getting elected to this body mayor may i pretend bargain yeah sorry my point was that it wasn't 100 i mean not that anybody gets that but it was not it was not a majority so that was my point and and back to the fact that um you know we're not we're not trying to replace uh council member johnston i have a lot of respect for her but that we're looking at appointing someone i actually agree that it should be the voters no further discussion mayor mayor uh councilman i believe i was going to say that i believe council member hilts was in the queue councilmember hiltz oh thank you um i just wanted to say you know i support dr ross obviously but i i understand that crime is a big issue but we have a public safety committee that has not brought forward any proposals to address that mayor pro tem you have actually done the most work on that i think in terms of people involved with that committee and dr ross has been very involved in in the community and in this space so i just think that if that's the measure we just need to be mindful of what that looks like and what community involvement looks like um because that that is a big issue but it's just it's not something that we're seeing any proposals come out of our public safety committee on so i look forward to seeing some some action steps because we keep hearing that that is something that's a priority but we're not seeing it come forward so just be mindful of who's doing the work council member mario and then councilmember gruber thank you um yeah i mean i just want to just share i obviously support dr brian ross if we're talking about public safety as a top issue and i'm sure the residents of ward 2 are you know have many many issues that they care about but i if we're focusing on public safety who better than the person to facilitate our police test force it to me that is an absolute no-brainer he has ability to facilitate conversations i mean to me in those interviews it was very clear who the candidate um just based on qualifications but i do agree that um dr ryan ross most reflects the values um certainly not the same person as nicole but um in terms of representing values and the will of the voters um i do believe that dr brian ross is the best choice additionally i think it's outrageous that we would try to give somebody who is running for office currently an unfair advantage in that process by appointing that person i um i just don't agree that we should be meddling when it comes to elections in that particular way so i i definitely don't support um that process and would agree with uh you know if we can make movements and amendments to making it a an election for if and when there is a vacancy in the future as opposed to an appointment i would support that as well further councilman so two points first off i want to point out that ryan ross was the second choice nicole's first choice dropped out of the race so we're not talking about the first choice secondly on the public safety committee i'm not certain why that came up here you may remember the crime exploded while uh council member hilts was chair of the uh public safety and she must not be attending the latest ones because what we're working on now our task force specifically to deploy in each of the districts to focus on uh car theft and uh break-ins so i'm not sure i don't think we should talk about public safety right now that's really not the point but i just don't know why it came up mayor mayor uh councilmember hilt it came up because council or mayor pro-tem bergen said that it's a top issue and you know i certainly uh can't control a pandemic and a national rise in crime so you can feel free to try to put that blame where you where you choose but you know try to be a little bit smarter about it so but i'm sure you'll have a point of order about that because that's usually your go-to on a disagreement so that's all thank you mayor further discussion mayor uh councilmember lawson um so i'm i'm not getting into the back and forth about the public safety but if any person who was on watching that the the the video the thing that we have the forum that we had um i'm supporting dr ross i mean he had good solutions even though he hasn't been in the seat um he had good ideas um it was it made sense i think he would add you know some of what war ii i know i was involved with some of the things that um with council member johnston on metro districts the growth um i i mean i'm not looking at it from who we all know what this is about it's a political situation one person is one party and the other instead of really looking at from a holistic standpoint of who actually who actually looked who actually did the questions who answered them we've all been new candidates um i think he just provided a holistic point to all of the questions and i think he would be good for that ward and also for the city further discussion who made the motion i'm sorry it was me mayor uh okay um council remember marcano's a motion for uh ryan ross who who seconded that motion councilmember lawson did it councilman lawson uh so um the question before us is um um the um adoption of of the uh well for the appointment of uh ryan ross to fill the award to vacant cc um foreign council uh leclair please call the roll mayor kaufman uh no mayor pro-tem bergen no councilmember burzen no councilmember coombs yes councilmember gardner no councilmember gruber no councilmember hiltz yes councilmember lawson yes councilmember marcano yes and council remember yes the motion does not pass there was five votes for dr ryan ross uh the time is now uh 8 30 is there any objection to taking a 10 minute recess hey guys see uh councilmember combs yeah why are we repeatedly taking 10 minute recesses like let's just get to the voting well is there objection then there is yes i object okay um object okay um motion dot customer move to approve steve sunburg uh it's been moved by council member grover second invite uh mayor pretend bergen to approve uh steve sundberg councilman mcconnell substitute motion to approve doc appoint dr ryan ross uh a substantive motion by council member mcconnell second headed by mayor hilton uh councilman hiltz uh to appoint uh ryan ross um discussion on the substitute motion yes mayor uh mayor platoon it appears this is gonna go on all night long so we're just playing games with emotion that fails and then a substitute motion that's going to also subsequently fail because we look like we're deadlocked just want to make that comment further discussion mayor uh councilman thank you i actually want to elaborate a little bit on something that was said on the last round of voting and i just want the voting public and everyone who's watching and all the media to understand exactly what you're looking at you have five people who are republican you have four people who are democrats and one person is unaffiliated and the five people who are republicans are trying to stage a political coup through a vacancy the people of ward 2 elected a progressive democrat in 2017. those are the values that council member johnson ran on i'm frankly kind of tired of pretending this is nonpartisan because this is probably the most partisan body i've ever been a part of up close um so that's kind of what's happening here so you're going to see a lot of back and forth until we either get tired of it and come up with a different solution or someone actually does the right thing and then you know we can move on with the business of governing the city and let the election play out however it wants to play out but that's what's happening here okay is there let's see who i'm sorry who made the motion what's my motion mayor okay um it was that that was a substitute right is that a substitute i'm sorry yes sir okay and that was seconded by councilmember coons okay uh let me just say oh by hill's councilmember let me just say that um i don't know what mr uh sundrin's um i'm sorry i got it wrong senator sundberg's political affiliation is uh but i do know he's been a business owner uh his family has owned a restaurant in the city of aurora for for decades and that his family and he has been heavily involved in this community for a very long time and i think that he understands a critical industry uh in this uh city that's been hit very hard uh by the pandemic and so i think he brings just a wealth of knowledge and compassion uh to the council and i look forward to serving with him if he is appointed or elected uh further discussion mayor councilman so if i could add to that steve has been a member of several uh commissions volunteered in the city he's been a volunteer for habitat humanity he's built houses in africa but he has been a major uh influence he and his family have been a major influence in aurora focused on aurora supporting aurora for many many years uh as you mentioned he's a business owner he's got his uh master's degree and i think he's going to be a very powerful uh representative for his ward further discussion mayor trunks member i just wanted to clarify that there are two unaffiliated on council so that there's not any misinformation unintentionally um in case it gets reported wrong and then it's you know a thing they're just sharing further discussion mayor um councilmember uh coombs and then mayor potemberg yeah so i mean i think people can say they don't know someone's affiliation but um i believe most if not all of the republicans on this council have already made financial contributions to mr sundberg's campaign so i think it's pretty clear that he is the republican favorite for the seat that he's running for and that's perfectly fine but again we are appointing someone to fill the seat of a democrat who was elected by the people of ward 2. we're not deciding the next election or surely we shouldn't be deciding the next election uh uh yes i just wanted to say that the reason that i am supporting steve sundberg is uh is you know because of his service to the city of aurora to the community um he's done so many things for uh children at risk for for uh children in sports teams um a lot of a lot of the charity work and um he actually has lived here i i think he's lived here his whole life if not for a very long time but he really does care about ward two i think that's what i'm looking at what is in the best interest of ward two this is someone that um has stated that he will do his his best to represent them and to represent all constituents in war two i think he's very thoughtful in terms of his positions and uh trying to look at both sides of issues and you know to try to make this you know oh republicans or for this person or you know other other affiliations or i mean the the unaffiliated became unaffiliated they used to be with the party um so yes we have different stances on positions obviously um and we're divided in that perspective but this is a good man with a with a with a lot of strong values and that's why i'm supporting him legends restaurant has supported so many different causes over the decades and uh i can remember going there late last year when they made meals for the day resource center when there was inclement weather and they were staying there overnight they made the evening meal for them and donated it um at their expense uh further discussion yeah so if councilmember comes sorry um for not asking to be recognized but thank you um if we want to talk about what great people are certainly ryan ross is also a strong member of our community stirred up enterprises has also been strongly involved in addressing youth violence issues and working together with our community throughout the pandemic and the social unrest that we've experienced in the last year and again has also been very involved with the city with addressing the issues that we have in the city and is someone that is well respected and that i've been reached out to by community members to say that he's the person they would support so i don't think that we can say oh steve sundberg is just a better guy than dr ryan ross i think that that would be a false statement to make a further discussion mayor uh councilman mario thank you um a couple of comments uh again i think i i echo i think we're just gonna go back and forth um uh here on these two candidates but uh dr ryan ross you know it has his doctorate um so we think on an academic level um there there is no uh comparison to the wealth of knowledge that he brings as an academic but not only is he an academic he also is a practitioner he has he is also a small business owner who has been in the community um supporting i mean he's made a career out of supporting people so i don't have to list the five volunteering examples and you know that's not to detract from anyone who has volunteered he's literally made a career out of engaging supporting people creating greater equity amongst communities i think it is in he has proven his ability to be a facilitator for issues that are important to this community as the facilitator of our police task force um you know he's not running for election in november and i think we are if we were to appoint mr sundberg we would be giving an unfair and advantage unfair advantage in that election and that's um to me is wrong um and you know but further i mean the point for me is that dr ryan ross has proven that he can be an effective member of this body for whatever short amount of time he's reached out to all of the elected officials he has tried to connect and and prove through his actions that he means what he says and that he will serve the rest of council member johnston's term in a fair and equitable way um and to the best of his abilities and given his expertise and equity and access and expertise in facilitation expertise in issues related to aurora as proven by his um involvement in our police task force i think he is by far the best candidate um to be appointed at this time further discussion uh saying no further discussion uh uh with the clerk please uh read uh the role on the is i believe it's a mercano substitute motion correct was it a subsidy or your voice was the primary substitute on the mcconnell substitute to appoint uh ryan ross uh to fill the ward two vacancy for the aurora city council mayor kaufman uh no mayor pro-tem bergen no councilmember burzins no councilmember coons yes councilmember gardner no councilmember gruber no councilmember hiltz yes yes councilmember lawson yes councilmember marcano yes and council member muriel yes the motion does not pass with five votes um nominations are in order isn't there another motion on the floor for sunburst mirror oh i'm sorry to the who made the primary motion uh councilmember gruber okay so uh the question before us uh is there further is there a further discussion on the gruber uh motion to nominate steve sundgren uh sunburn to the uh ward two vacancy for the aurora city council mayor dave gruber joshua yeah i suspect this is going to go on all night i want to uh speak to both candidates or actually all the candidates all the candidates put themselves out there all the candidates are good people uh i and i hope there is not a disparaging word said against anybody you know i uh appreciate the fact that they've all gone the extra mile in support of aurora having said that i'm still going to support steve sunburg but but again i'm not saying and i don't think any of the council members are saying anything disparaging against any of the candidates further discussion uh scene 9 question before says the gruber notion motion to appoint as steve sundberg to fill the award to a vacancy for the aurora city council will the clerk please call the world mayor kaufman uh yes mayor pro-tem bergen yes councilmember yes councilmember crooms no councilmember gardner yes yes councilman mcgruber yes councilmember hiltz no councilmember lawson no council member marcano no and councilmember muriel no the motion does not pass with five votes uh the nominations are in order mayor uh ma'am pretend bergen i uh make a motion to appoint steve sundberg it's been moved by mayor tim uh bergen and seconded by um uh councilman to appoint uh steve sumberg uh to fill the ward 2 vacancy for the aurora city council discussion mayor where uh councilmember mcconnell substitute motion to appoint dr ryan ross uh exactly substantive emotion has been moved by councilmember mcconnell seconded by councilmember coombs uh to appoint uh ryan ross uh to fill the ward 2 vacancy for the war city council discussion by seeing none when the clerk please call the roll on the marcano substitute motion mayor kaufman no uh mayor protein bergen this is the substitute motion this is yes councilmember gardner no councilmember gruber no councilmember hiltz yes councilmember lawson yes councilmember marcano yes and councilmember mario yes the emotion does not pass with five votes uh to the um uh may pretend bergen motion um to appoint um steve sunburg to fill the wardrobe they can see for the orange city council discussion let's see known when the clerk please call the roll uh on the mayor pretend uh motion mayor kaufman yes mayor parton bergen yes councilmember berzins yes councilmember coombs no councilmember gardner yes councilmember gruber yes councilmember hiltz no councilmember lawson no councilmember mcconnell no and council member mario no the motion does not pass with five votes the nominations are in order i move to nominate dr ryan ross all right it's been moved by councilmember lawson and second in mind second sent by councilmember coombs uh to appoint uh ryan ross to fill the award to vacancy for the city council for the city of aurora discussion mayor customer i move to appoint mr steve sundberg substitute motion uh to appoint mr steve sunburg um is there a second second uh it's been seconded by mayor pretend bergen discussion seeing none when the clerk is called a role on the adoption of the gruber substitute amendment to appoint steve sundberg to fill the ward 2 vacancy for the aura city council mayor kaufman yes mayor parten bergen yes councilmember persians yes yes councilmember coombs no councilmember gardner yes councilmember gruber yes councilmember hiltz nope councilmember lawson no councilmember marcano no councilmember rodeo no the motion does not pass with five votes um well the question now before us uh is the adoption of the lawson uh motion to appoint ryan ross to fill the ward-2 vacancy for the city council for the city of aurora um discussion uh seeing known when the clerk please call the role on the lawson amendment to appoint ryan ross to fill the ward-2 vacancy for the city council of the city of aurora mayor coffin no mayor protem bergen no council member burzens no councilmember crooms yes councilmember gardner no councilmember gruber no councilmember hiltz yes councilmember lawson yes councilmember marcano yes and council member mario yes the emotion fills with five votes nominations are in order mayor councilman comes i move that we go back to stating the name of who we would like to nominate instead of moving to a point so have go through an alphabetical order like we did in the first round uh is there objection yes i'm not understanding why i were not point making a motion to appoint councilmember cruz um because they keep failing we keep making the same two motions and they keep failing so maybe we can see if people have some other ideas okay i doubt it okay is there objection to the coon's proposal very well if i understand it right uh staff will read the role of the applicants individually and i'm sorry kenny how does that go i'll just go um down the list alphabetically and ask each council member who they would like to vote for we have six applicants on the register very well please proceed kaufman uh steve sundberg mayor parton bergen steve sundberg councilmember berzins steve sumner councilmember crooms dr ryan ross councilmember gardner councilmember gruber steinberg councilmember hiltz dr ryan ross councilmember lawson dr ryan ross councilmember marcano dr ryan ross and councilmember mario dr ryan ross ah okay there's a tie vote five for dr ryan ross and five for steve sundberg mayor um council member who is it combs councilman comes um can we ask the city attorney to weigh in on what we do if we're at five to five um city attorney hey steve brothman again you're at a point where you're going to as a council have to agree so six of you have to agree on a process to break the tie so you can draw lots you can again give more explanations as to why you're supporting someone but at the end of the day six of you have to come forward to say here's the agreement here's how we're going to move forward to break the tie thank you very much um mr boxman actually mayor uh councilman mcconnell thank you um city attorney question uh how creative can we get with the method of breaking a tie uh the charter states that we have to fill the vacancy within a certain amount of time i'm just wondering um if that is still like our number one constraint here or if this somehow would satisfy that requirement that we made a good faith effort to try to fill that and then we can come up with something like let's say a special election i don't know just throwing that out there so the charter has two pieces one it requires the majority of council meaning six and you must you must pick someone to fill the role in 45 days so that's by july 29th okay thank you yeah mayor um councilmember lawson so can i ask the city attorney broxman a question if we have that time frame to build the position and we don't i don't if it was agreed upon we don't come to any resolution tonight we can bring this up at another council meeting i'm just trying to understand that process as well yes it would keep coming back to you at each camp well council can agree it's going to come back to you at the next council meeting unless you agree to a different date and if and can i mayor can i just do a follow-up please please proceed okay um so if it gets done if it if something like that occurred and we get down to july 29th i think you stated and we still couldn't it was still this five and five then does the seat just stay vacant until the next election and again the charter requires council to come to an agreement to break the tie it doesn't say how you break the tie but you have to appoint somebody by july 29th or you'll be in violation of the chart and the next regular meeting is on july 12th mayor mayor sorry i'm sorry uh mayor pretends so the charter says that if you're going to fill a vacancy it it needs to be filled within 45 days it doesn't say we have to if we're if we're at a 5-5 thai vote i mean this could go on forever it doesn't we're not obligated to to actually you know have someone if we're tied i mean if there's no consensus there's no consensus it's just that if we do appoint someone it has to be within 45 days no the charter says a duly qualified person sorry no later than 45 days after such vacancy occurs a duly qualified person to fill the by majority vote to fill such vacancy it is you must you must see by majority vote correct i'm what i said was if it's a tie right right the charter is saying in 45 days you need to appoint someone but if we can't agree and we're completely tied we will never have sex right my point is at that point you would the council would then be in violation of the charter mayor uh councilman memorial uh city attorney brontzman what are the consequences if we violate the charter that there are actually there's the charter there is a code provision so it's it's uh section 3-7 of the charter and 54-4 of the code they re they read the same again that you have to appoint within 45 days right i think so the problem is the code provisions bring into play the general penalty provision so in theory you could the council could be subsided for violation of the ordinance what does that mean that means you could you could get a a criminal complaint against counsel for not filling the vacancy mayor councilman uh mayor pretends i i disagree with the advice that we're getting it says that you you must fill it within 45 days that's if you have six votes if we don't have six votes that is our prerogative to not agree to have six votes and so to force us to make a decision that i don't even get it like if you're five five you're five five there's there's no way to get to six so you're only in violation of the charter if if you uh if you had agreement and you didn't do it within 45 days so if you had 10 members that all said yes i want to appoint so and so but you didn't do it within 45 days you're then in violation there's it it does not clearly um state a tie vote and again it it indicates that you must appoint someone within 45 days of the vacancy so so yes we do disagree if you have enough votes so so we do disagree as to that interpretation okay let me um i'm sorry all right councilmember comes so to clarify i believe it's in our council rules that states that we do have to come to some agreement on tie breaking if we have an actual tie is that where that lives uh city attorney or is that in the other provisions that you've cited so so you have a tie breaking so for motions resolutions ordinances that come up they came up earlier if you would have tied earlier in the evening it would not have passed what would happen is it would be brought to you brought back to council to vote on again at the next meeting if it doesn't if that item didn't pass then the rules say that it it simply fails and the problem here is you still need to name someone so that rule while it can come back to you that's great but council still has to fill the vacancy within 45 days right and if i understand this uh um city attorney um whatever process we choose if we're deadlocked we have to have six votes to affirm that process am i correct that is correct that's correct um and then uh councilmember lawson so we have no option to just um if we're if we're tied well first of all i thought a thai vote failed in every other circumstance that we vote on a thai vote fails so first of all i'm looking at this and it failed it hit this whole thing has failed so to me it we shouldn't even we shouldn't even go any further it failed i don't understand this repetitive voting is nonsense that we keep coming to the same conclusion um and here's my other question why can't we vote to not appoint and to allow the voters to why can't we view that as as as council because you have a charter provision that requires the position to be filled within 35 days okay so can the council change the charter by ordinance no no no it has to be a vote of the people if that would have to be a vote of the people okay uh councilman lawson so city attorney brockton if you said that if we don't meet the vacancy requirements we are subjected to criminal penalty is that by the residents of aurora or this is that by the city um filing something against council i mean i'm just trying to understand that criminal peace so so that would be filed by the city on council members correct okay okay i i moved to i'm going to make a motion here i moved to lay 19 c over uh until the regular meeting of 12 july is there a second second uh it's been uh moved by the mayor seconded by by council member gruber to lay item number 19 c over until the 12th of july uh discussion mayor uh councilman ray hilton thank you um i'm i'm fine with laying it over you know the charter provision is there to force us to find a compromise to move forward and do city business and so that that's why it's there at some point you know we're gonna have to get over our our stuff and and find someone who can fill this role um is it appropriate i don't know for this process because we've had this part of the process already but is it appropriate to maybe have council members if we want to reach out to additional candidates for the position and maybe have some follow-up discussions that we have not had before prior to the july 12 meeting just because you know if we end up back in the same round we can't delay it forever and at some point someone's someone's going to have to change or we're going to have to find um a consensus council absolutely and but let me have the city attorney opine on it but my understanding is with six votes you can certainly change uh any procedure uh involved in this process uh city attorney and that's correct process to get to that to the six votes that process is by agreement of counsel so how you get there and who's in that list is by agreement of counsel okay so further discussion on the uh uh kaufman motion a question uh councilman burns um thank you i honestly i don't know if if it relates to your question but um your motion but i'm curious how did westminster do it did they not have that provision in their charter did they go against their charter or you know when you vote 98 or 99 times um how did that happen well i think they they kept going through uh rounds until they came to an agreement and it took that long but the agreement was to put it off yeah yeah i thought i thought they voted does uh is anybody no mayor no i believe at the last i believe they went through several rounds of people voting for different people and eventually they got to six that's what i thought no that's incorrect there's two votes they did a mayor pro tem that went 70 something rounds they did a vacancy vote just like we're doing and it went 99 rounds and they they voted to let the voters decide that was their decision yes that that's right sorry i forgot they had two no that's my question how did that happen do they not have the same charter or did they go against the charter i i'm curious you know interpret it differently does anybody on staff know the answer to that or can't we find out mayor we don't know but if you do uh postpone this tell the truth we could find out okay that's a good question uh i i think staff can do uh some more research as the city manager mentioned thank you uh any further discussion on the kauffman motion mayor uh councilman mcconnell all right thank you can we then just get from i guess the city attorney or the city manager perhaps both i would like a clear set of deliverables uh in order to justify postponing this to see if we're actually going to change something because if we're just postponing it for the sake of postponing it i don't see why we're wasting the time we might as well just keep going so um i'm sorry um well i think uh does staff uh uh have an answer for councilmember mcconnell i understand that the city managers said we would go we would do some research the research would be done in the interim right and the city attorney has come repeatedly gone back to the charter and pointed out that our charter is pretty explicit on this and it could be that westminster has a different charter and that's how they got away from the mess that they were in so i want to know what the deliverables look like to justify postponing this otherwise we're just going to end up right back here in a couple of weeks and if that's the case let's just keep going okay well right now the coffin motion is on the floor and so discussion needs to be to the common motion mayor mayor pretend so i i think if what i understood was that we have questions and it's not clear exactly there's an interpretation of the charter i personally disagree with um and it looks like we're trying to get clarification on what happened with westminster so i i agree with postponing this to july 12th because i'd like to get clarification and i don't want to continue voting on a thai vote tell what what are we gonna do this til six in the morning i mean it makes no sense waste of time further discussion on the kauffman motion mayor mayor uh councilmember combs um yeah so i just would also like to find out from the city attorney if there are any things that would constitute a conflict of interest for council members voting for a person who is in line for the vacancy um we're right now we are on the kaufman motion right um further discussion mayor um councilman mcconnell okay so a couple of things but first i just want to point to this question that councilmember gardner put into chat that he was advised by a city by city attorney frankel that if we don't make a decision by he says june 9th i'm going to assume that's july 9th which is the end of the 30-day window uh from when the seat became vacant the choice will go to voters on november can we get an answer to that councilmember that was what happened in westminster oh thank you thank you thank you you're welcome thank you sir further discussion to the kauffman um question uh sitting down with the clerk please call the role on the coffin question of laying over item number 19c to the regular meeting on the 12th of july mayor kaufman yes mayor parton bergen yes councilmember burzins yes because i would like some questions answered councilmember coombs no councilman gardner yes councilmember gruber yes councilmember hiltz no for right this moment but if it comes back again we'll talk again councilmember lawson no councilmember marcano no councilmember mario no motion does not pass with five votes the nominations are in order mayor uh councilman comes move to appoint dr ryan ross has been moved by councilman mccomb second in by second councilman mcconnell to appoint ryan ross to the ward 2 vacancy for the city council for the city of aurora uh discussion mayor cassarro gruber move to to appoint mr steve sundenberg to city council uh it's a substitute motion uh by councilmember gruber uh to appoint uh steve sundberg uh to the war to vacancy for the city council for the city aurora second is there a second second and it's been seconded by the mayor pretend bergen discussion on the substitute motion uh seeing none uh with clerk please call the roll on uh the substitute motion uh to appoint steve sunburg uh to fill the ward 2 vacancy for the city council for the city of aurora okay mayor kaufman yes mayor parton bergen yes councilmember berzins yes councilmember coombs no councilmember gardner yes councilmember gruber yes councilmember hiltz no councilmember lawson no council member marcano no councilmember mario no the emotion fails with five votes well the question before us is um the mcconnell motion uh to appoint dr ryan ross to fill the world to vacancy for the city uh council of the city of aurora discussion seeing no discussion uh will the club please call the role on the appointment of ryan ross to fill the ward 2 vacancy for city council for city aurora mayor kaufman nope mayor pro tim burgin no member persons no councilmember crews yes it's remember gardner no councilmember gruber no councilmember hiltz yes councilmember lawson yes council member marcano yes council member yes oh sorry uh councilmember persons thank you um i'd like to go back to the criminal liability how does that work does that take a vote of counsel to prosecute ourselves no i'm serious how does that how would that work i think it's uh selective to where it's just one of us has to go to jail and why [Laughter] i probably i okay i'm sorry councilmember versus has a question uh city attorney so in theory the city manager would have someone from the police department site council that's in theory i i really don't see that happening but then so i'll tear up open up this would be cited or do we have to take a vote it would actually be uh the decision of the manager to do that we will have virtual meetings uh as incarcerated no one goes to jail so we won't go to jail i don't know now the city manager really has power this is a city for a managed planet in the city of one of them i can tell you that i would not initiate action against the city council i don't think that was all that convincing jim frankly we deserve it sometimes but no seriously though um i apologize uh mayor if i can please proceed follow up yeah if it's that subjective i just want to point out that our charter is just a piece of paper and it doesn't mean anything so yeah honestly that's i have a big problem with that as well okay nominations are in order mayor uh councilman hoover i'm hoping this one passes this time i move to continue voting at our next scheduled meeting okay uh is there a second second the motion is to lay over item number 19 c until the regular meeting of 12 july 2021 discussion mayor because i don't necessarily oppose laying this over if i believed that in the time between now and then due diligence was done to maybe find a compromise um but i don't see that happening currently so i'm still opposed to moving it forward just because i i don't know that that due diligence would be done by a majority of council which means there would be no point in delaying it and so we may as well continue on tonight if i feel that changes i may i may change my mind but i'm just i don't see that happening with the comments etcetera further discussion mayor mayor uh mayor jim so staff is looking into um the questions that we posed would we also find out if special election would be in order mayor uh um okay that's that that's a question uh uh so yeah it's in the chat though the answer is in the chat is it okay yeah council members fair charter allows for special elections okay that's the difference okay uh further discussion sorry i didn't i don't think so ours does not allow for special elections i thought we did uh city attorney again any method that the council agrees to i think your difficulty is to get a special election done by july 29th is really not feasible i i don't think you the clerk can actually get that done by the 29th okay thank you i don't know we have a really good clerk i think she could probably pull it off okay uh further discussion on the um where are we at yeah oh nominations are in order i'm sorry uh i yeah i just had further comment um i don't support laying this over only before that's great yeah that all that does is give council members the opportunity to lobby each other behind the scenes and that does not seem to me to be either in line with respecting the will of the voters in this matter i just don't think that doing more behind the scenes conversations is the way to handle this i think we need to address the issues take our votes and not be just having more behind the scenes mayor mayor pretend i don't understand the will of the voters that they have not been allowed to to vote i mean we can't say what we can't talk for them and and assume how they what they would want i i that is very presumptuous on our part i think i i mean i i don't know what the voters want at this point and let me just say ongoing discussions between now in the next regular meeting i think would be very productive obviously there are rules in terms of transparency uh when i think three or more members are in a discussion or in a meeting and so uh i think that provision is there uh further discussion i think no further discussion then the question before us is the adoption of the gruber motion to lay over uh item number 19c until uh 12 uh the 12th of july uh with clerk please call the roll mayor kaufman yes mayor protein bergen yes councilmember berzins yes councilmember coombs no councilmember gardner yes councilmember gruber yes councilmember hiltz nope councilmember lawson no councilmember marcano nope councilmember mario no the emotion does not pass with five votes the nominations are in order mayor thank you sir i move to appoint dr ryan ross to fill the war iid vacancy second it's been moved by councilman mcconnell second by uh councilmember lawson to appoint dr ryan ross to fill uh the war ii vacancy for the city council for the city of iraq mayor discussion uh mayor pretend yes i'd like to offer a substitute motion to appoint steve sundberg uh it's been moved by um mayor tim bergen seconded by uh second by councilmember gruber uh to offer a substitute motion to appoint uh steve sunburg uh to fill the wardrobe vacancy for the aurora city council for the city of aurora discussion on the substitute motion mayor councilman so i would just like to reiterate again that the voters did vote for councilmember johnston if we listen to the questions in the interviews that we conducted and the forums that were the forum that occurred before that it's very clear that dr ryan ross's platform and views most closely align with what the voters voted for and so if we were being responsible to those voters that's the choice that we would make and not to mention the other statements that have been made about all of the contributions of dr ross to our community his qualifications his role in the community community college system which includes building bridges in difficult situations which is something that we could surely use on this council as evidenced by tonight mayor uh remember tim again we're not voting for nicole johnston tonight we are voting for separate people and the voters did not vote for any of these people that were discussing that were nominating at all they did not have a vote and it's disingenuous to say that they voted for you know dr ross or steve sundberg they didn't they voted for nicole johnson she's gone she has resigned this is a new appointment and it is they are different people i i don't understand and you you don't know that they align exactly or that the voters only voted uh or are going to want to vote for someone who they think aligns with the former council member maybe they voted for her because she's a female i mean who knows why people vote for people it's a it's quite an assumption to make the discussion uh councilman mcconnell thank you sir i do want to point out councilmember bergen that former councilmember johnston has strongly uh supported dr ross being appointed because as she has said he shares her values so the voters voted for council member johnston for her values and her platform right yes mayor so doctor i'm not quite done yet but hang on a sec dr ross closely supports her values that is why i framed my question the way i did when we had our interviews because i don't think we should have this power in part for this exact reason but i wanted to make sure that we appointed someone who as closely as possible represents the same or similar values to council member johnston and i think based off the answers we got that was very clear as to who that was out of those folks who were in the running now to your point yeah ward 2 has changed it's actually become bluer if that matters to you i i'm a big data junkie i look at this stuff all the time but it has so you know trying to put someone who does not share her values in that seat is a slap in the face to the people who voted for council member johnston because remember we're not appointing the next person we're appointing someone to fill out her term yes the next person will be decided in november but i mean okay there are different would you agree that there are new people that have moved into ward 2. there are people that were in war 2 that voted for nicole johnson that no longer live in ward 2 and you're you're assuming it's the same pool of voters that have those values that align and guess what i had democrats vote for me it might mean it's supposed to be a nonpartisan race so i you know the fact that it's bluer i don't you know there are issues that appeal to people that are not necessarily party related and there are new voters and there are old voters that no longer live there so it's not apples to apples further discussion yeah mayor uh council member coons then councilmember lawson i think lawson had me beat councilmember lawson and cal americo tim burgin you nailed it this is supposed to be nonpartisan when you look at i mean as just as a resident of this city when i look at that forum that we had on wednesday everybody had different different ideas of how they should how war two should be represented but this right here it is political i'm not even talking about all the stuff that we're talking about i mean dr ross i mean dr um ross had some was prepared for the for the for the forum steve um steve sonnenberg had some good answers for the questions but i guess what i'm struggling with with this is that this is very apparent of what this is about no one's going to budge it's it's political it just straight up is let's call it like we see it i mean i just i'm frustrated because we're not looking at what the benefit of the people are in general whoever you select we're just saying we're going to go straight down you know we're not even trying to budge we're not even going to talk that's why i'm not voting for the july 12th because there is not going to be any negotiations nobody's going to reach out to anybody to try to talk to anybody has everybody talked to different candidates i don't know but i mean let's just call this what we see how it is and and that's what's so frustrating we are not benefiting the people in ward 2 or in this city because of what we're doing right here and it's frustrating it really really is further discussion mayor all right councilman goes um i absolutely agree with councilmember lawson on that and i think again part of what we're doing here is putting our thumb on the scale for the next election because folks are trying to appoint to a seat and give the incumbency advantage to the person they've already donated to his campaign and held events for like how is that appropriate and focused on filling this vacancy in a way that reflects the needs and the desires of the people of ward 2. it seems to me that we're really just putting our thumb or some folks want to put their thumbs on the scale for an upcoming election rather than making sure that folks have good representation right now through november when a new council member would be decided and ideally one that's not getting an unfair incumbency advantage handed to them by a bunch of politicians further discussion mayor gardner councilman gardner thanks um you know i just want to point out it's ironic that the five of us that are voting for steve sunburger being accused of being partisan but the five that are voting for ryan ross aren't being partisan um it's really ironic i've heard that several times um i you know to something that another council member brought up um about meeting with the candidates i did meet with both ryan ross uh dr ryan ross and um steve sundberg and you know i found them both to be uh you know very uh interested in this position i think they both um bring different strengths and weaknesses um to the table i think they both did very well in both their question and answer session um with the public and also with council last wednesday um and so i i guess you know the hypocrisy um that i'm hearing from five people that those of us supporting one candidate are being partisan uh it's it's frankly ridiculous all ten of us are being partisan um we are in a partisan position we're politicians um and it comes with the territory so uh frankly i think it's kind of ridiculous to keep saying that um you know i really would like us to see this kick it down the road to november i i you know i'll just publicly say i don't agree with the interpretation we were given earlier by the city attorney in terms of um if we don't appoint to this position by the the magical date the 45 days um you know i think if we don't do that it's gonna go to november and i frankly that's what i think we should do because i think the voters should select it i'm not crazy about the you know five or the nine of us selecting but um if if that's the interpretation that we're being given by the city attorney then i guess that's what we have to move forward with um but that being said we're all being partisan so let's stop saying that some of us aren't some of us are we all are being partisan uh further discussion by councilman crumbs to clarify though one of these candidates is running in the november election and would benefit from an incumbency advantage and the other one wouldn't and i do think we should be thinking about that because that is a choice to put our thumb on the scale mayor um so is it not also true that the person that it wouldn't be running for for the election in november though could influence votes that i mean if one we're all saying you know one side is divided against the other side here it's about who's going to be able to vote on issues so i mean i agree with council member gardner this should be this should be left to november to the voters and i also think the interpretation of the charter is incorrect i think what it's saying is that you cannot appoint someone after 40 days 45 days you must do it within 45 but not after that's how i interpret it okay and let me just say that um no pledge is binding uh by can by an appointee um further discussion mayor mayor uh um councilman lawson is there i mean we kept looking at the charter and about interpretation and i'm not um you know with um city attorney brockman i'm not denying your expertise on the charter but is there another i mean is there can we get like a second opinion or something just to see if that is because the interpretation is a little it has it has a little bit of a gray area so let me uh if i could ask the city attorney relative to i mean related to what councilmember lawson said in that is could you in fact do an opinion uh a written opinion uh prior to the july 12th regular meeting if there was a will of council to lay over 19c until that time absolutely absolutely again where this is going to turn is the language the remaining council members shall it says shall appoint by majority vote native no later than 45 days after such vacancy so we'll also circulate that in our office and we'll confront with with attorneys outside of our office on that exact language okay very well thank you uh i'm sorry uh councilmember barnes uh then killer lawsons thank you and and mr bronson and i've had many discussions over the word show it it changes over time that the shell got us to pit bulls back into the city but i noticed the shell doesn't do other things so you know hinging on that one word i mean i don't know that that's going to make a difference but that's interpreted different ways too um but going back to uh councilmember gardner you know i'm willing to take my chance of the city filing suit against me take it to court how long will that take [Music] december january i don't know uh city attorney can can we uh can we have what would uh council member bursts be in some kind of pre-trial confinement during that downturn yeah okay that councilman mcconnell was just laughing sorry oh no i'm sorry councilmember lawson so in count i mean um city attorney brockman so in the advisory opinion that you're going to be because shall and musk i mean that that to me i mean shallow is is it can be interpreted but i would definitely like to have that in your definition piece of your advisory opinion if you're going to do this sure because that has a very different interpretation shell is so different than must okay do something so okay well is uh the emotion is the order either for nominations or delay item number 19c over until the 12th of july mayor this is this is katie i just kind of wanted to jump in and said my uh let you guys know that we did a little bit of research on tiebreak breaking and just to offer this information it does state in the charter that the election commission um breaks thai votes in municipal elections by drawing lots and that is also the way that the state statute reads um just some information throwing that out there for you guys are we bound by that though i i mean that's to the election commission and that's to um state statute would apply wouldn't that apply to state elected officials and not to uh nonpartisan races that's correct i'm just trying to give you some information as to how we tie vote in our municipal election so our election commission does do casting lots if we do have a tie vote in our election and also other municipalities in its state statute but that's how they break a type i think those are good questions to research to provide all the options motion is an order for nominations or delay it over is there not a motion to delay this again or no no you can renew i've already made the motion so you can you can put a motion forward too i would like to put a motion forward to delay it till july 12th it's obvious we have lots of questions right is there a second second it's removed by uh mayor tim bergens uh seconded by the councilmember gruber to delay autumn 19c until uh the regular meeting on july 12th discussion mayor um councilmember bresens thank you mayor as chair of this council don't you have some sort of authority to delay it over well i thought that i did but i checked with the city attorney today and the city attorney feels that it takes six votes and that the mayor cannot unilaterally make the decision am i correcting that city attorney yes your your uh parliamentary rules the old garfield rules require setting it over requires a majority vote of council okay um we have a motion before us to lay item 19c over until the 12th of july further discussion so you know when the clerk please call the roll on the mayor put him on motion to leo yes councilmember burzins yes councilmember coombs yes in order to get an opinion on whether we can leave this to the voters council member gardner yes councilman gruber yes councilmember hiltz no that's where we're lawson no defenseman marcano no and councilmember mario yes the motion passes with seven votes very well item number 19t will be laid over until july during the meeting on july 12th there is no report by the mayor reports by council [Music] council member lawson okay thank you mayor for my federal state intergovernmental relations update for the federal side last week senators tim scott and cory booker and representative karen bass announced they had come to a bipartisan framework agreement on federal police reform the final outline of the outline of the bill is still unclear though it's believed that qualified immunity is one of the main sticking points the agreement is based on the george floyd justice and policing act which passed the u.s house in march on the state update over the weekend governor polis signed house bill 1271 this bill establishes programs in the department of local affairs that will provide grants to local governments these grants will be used to promote the development of innovative affordable housing strategies rulemaking has already begun at dola and draft rules are expected in the next few months for rtd reimagine we have our next meeting on july 15th at the last cml board meeting on monday i was nominated um elected for the largest city category for 200 000 and more so i will be representing a city and i look forward to being on that board and i'll have a report from from at our next meeting um which is going to be after the conference in september which is from september 21st through the 24th and that's my report for this evening there thank you uh councilmember gruber thank you mayor the only thing i want to say is fourth of july is coming up this week and um on behalf of the veterans on behalf of the animals uh please be respectful with fireworks i know we receive many many complaints about fireworks every year i know that everyone wants to celebrate especially this year now that things are opening but please be conscious of the fact that it has a major effect on veterans with ptsd on animals and others that are that are affected by the loud noise so just just be respectful thank you okay let me let me just say uh quickly that uh the city of aurora will be sponsoring fireworks uh this year at bicentennial park uh they they will launch when it's dark uh for 30 minutes and that time is expected to be 9 30 p.m the great lawn will be available and open at 6 pm uh council member hilts thank you um i don't have any report for anything upcoming but i was able to attend world refugee day which was over by city hall um on father's day and ran into the mayor there and it was great and there were performances and music and i know they tried to get the mayor out to dance i'm not sure if they made it no way um that is a 30 second i thought maybe i missed it um and then and also um got to participate in the um art in the park mural they're doing a community-wide mural so kids come and they color in one little section and it gets put into this larger mosaic artwork which is really fun um and so we went and participated in that and just we have a lot of really great programming for small children that i didn't know and older children but i paid i know more about the small children ones um that i can honestly say i didn't know we did um a year ago or three years ago so definitely recommend that our constituents with with smaller kids check out a lot of the programming that we have through our parks and libraries and nature centers okay thank you uh council member gardner council member mario uh thanks mayor i just wanted to um congratulate all of the new americans that graduated from the asian pacific development center um this past week i got to [Music] join and speak at their uh graduation uh ceremony really honored and uh was really supportive and happy to be there and we talked about civic engagement um and so i just wanted to give them a shout out and congratulate them additionally i know that project worth more is one of our non-profits in in ward one and they had a celebration for um world refugee day as well celebrating that they do serve a large number of our refugee community they have recently been able to purchase the building that they have been occupying so they are going to be more of a permanent fixture in our community and really excited for all the services that they bring to our community um so i wanted to give them a shout out as well thank you councilmember bersins thank you i have some exciting news in the history of aurora we have one had one female mayor her name is norm norma walker and she lives in portland now with her daughter ally she just turned 93 this weekend and i think it's fantastic i went up to see her oh she's a lovely lady beautiful lady just like she was she was mayor so i want to wish her happy birthday and she um she is well i won't say she's responsible but she signed off to the home stake reservoir she was on council at that time and amazing ladies so happy birthday norma i wish you could travel travel to see us but yeah would y'all like to sign a birthday card if i get one it would be great absolutely i'm sure she would love it because she she still has pictures and albums um city council but isn't that amazing that after all these years what is it 130 years we've had one female mayor so maybe you know one will be coming up um in what 10 20 years from now so anyway happy birthday norma and since i didn't get to go to the candidate questions last wednesday night i wanted to thank all the candidates the six candidates um for putting themselves out i know they got a little taste of what we go through they only had to answer a set of questions for one night when you're really running for the whole four years you're you're doing that several times a week so um i know it's difficult for them so i want to say thank you for putting yourself out there and um i know you're probably feeling some of you're feeling pretty badly right now because your names weren't brought up but that doesn't mean that we don't appreciate you and getting to ward three our uh community picnic 10th 10th picnic uh it's coming up july 24th uh same place same time bicentennial park 11 to 2 only for award 3 residents and special invited guests thank you hi councilmember mcconnell all right thank you mayor uh so our next ward 4 meeting is going to be on wednesday july 14th at 6 30. it's going to be on webex and i'll also be slammed casting it to facebook live uh we're going to be recapping the imc i'm sorry the international making cities livable conference and asking for your feedback on some of the topics that we discussed during the conference um so i hope to see y'all there and this will also be our last remote meeting i'm still working to secure the venue but in august we're going to be back to meeting in person unless the delta variant is you know trending in the wrong direction um so i am excited for that but i will keep you posted on that thank you mayor councilman combs um so for ward 5 we did not have a july ward meeting but we will on wednesday the 14th at 6 30 as well apologies councilmember marcano have a forum open to folks from any ward with par officers neighborhood watch and community members about community safety including a training from the police department on active shooters in public locations as we have unfortunately seen a number of those in colorado over the course of this year and then we will be back to meeting in person in august as well if everything keeps going in the right direction and we will be meeting at heather gardens at 6 00 pm instead of 6 30 we're going to be moving those meetings back to 6 pm to accommodate their schedule there at heather gardens and it will be the first wednesday of every month and we'll be at heather gardens for the rest of the year again as long as everything goes the way it's supposed to or the way we'd like to see it go with the pandemic um and then as far as reports on other issues i did hear everyone earlier talking about the east bank shopping center from the peer point neighborhood i know i've been in contact with many of you obviously it's very concerning that your neighborhood has had to rely on driving through a shopping center to get out of your neighborhood for as long as you already have and certainly that needs to be addressed we can't have that continue and for you to be without egress given the development plans as they currently are so thank you for calling in and we'll be continuing to have more conversations for dr cogg i think the biggest thing that came up is we were told that we will be making a decision on what dr cogg's position will be on the employee trip reduction program um at our next meeting and so i have asked for the opinion of the federal state and intergovernmental relations committee on that program so that we can make sure that aurora's position on doctor cog reflects the position of the council and then for visit aurora the update is that the triple crown sports sparkler and fireworks tournaments started happening yesterday on june 27th and continue through july 4th or sorry started saturday june 26th over 800 girls fast-pitched softball teams traveled from 47 plus states to be part of the 2021 triple crown sports sparkler and fireworks tournaments aurora will welcome over 10 000 players and family members for competitive play june 27 through july 4th and the aurora sports park will host tournaments festival night on july 1st which will include nationally televised double headers the tc international challenge all world game and the home run derby in addition to bringing 10 000 plus visitors world class softball and positive media exposure to aurora these tournaments will also generate over 10 million dollars of economic impact at aurora's hotels restaurants attractions and other businesses for visit aurora we're also in the process on the performance and engagement committee of doing the annual evaluation of the executive director bruce dalton and so we'll have an update on that process as we've made our decision so thank you all be well and we'll echo councilman gruber's comments on fireworks um please use them safely and respectfully for our veterans pets and other people in our community right and the ones that you they sell in the city of rural are the legal ones that you are allowed to buy um and let me just uh and let me just say to that softball tournament and thank uh councilmember coops for bringing that up that that was canceled last year due to the pandemic and so we're so grateful to have it back uh this this year uh mayor john bergen i thank you mayor uh no report just happy fourth of july uh with no uh further business before the council uh the meeting is adjourned thank you so everybody [Music] hear me now can you hear me 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