City Council

MINUTES Regular Meeting - Aurora City Council Monday, January 28, 2019 CALL TO ORDER - REGULAR MEETING Mayor LeGare convened the regular meeting of City Councll at 4:00p.m. ROLL CALL PRESIDING: Mayor LeGare COUNCIL MEMBERS PRESENT: Berzins, Gruber, Hiltz, Johnston, Lawson Murillo, Richardson, Roth, Watson COUNCIL MEMBERS ABSENT: Bergan OFFICIALS PRESENT: City Manager Twombly, Interim City Attorney Brotzman, City Clerk Ruger COUNCIL MEMBERS ARRIVING AFTER ROLL CALL: None City Clerk Ruger announced the proposed Items for discussion at executive session . CONSIDERATION TO RECESS FOR EXECUTIVE SESSION Motion by Roth, second by Gruber, to recess for executive session. Voting Aye: Mayor LeGare, Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo, Richardson, Roth, Watson Abstaining: None The executive session was recorded pursuant to the requirements of state law. 1. RECONVENE REGULAR MEEUNG OF JANUARY 28. 2019 AND CALL TO ORDER Mayor LeGare reconvened the regular meeting of City Council at 7:30p.m. 2. ROLL CALL Stephen Ruger, City Clerk COUNCIL MEMBERS PRESENT: Mayor LeGare, Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo, Richardson, Roth, Watson COUNCIL MEMBERS ABSENT: Bergan 3. INVOCATION Reverend Kate Bradsen, St. Stephen's Episcopal Church 4. PLEDGE OF ALLEGIANCE TO THE FLAG (all standing) 5. APPROVAL OF THE MINUTES OF THE MEETING OF JANUARY 7. 2019 Motion by Gruber, second by Watson, to approve the minutes of the meeting of January 7, 2019, as presented. • The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present. The Mayor Pro- Tern Is always permitted to vote on all items. January 28, 2019 Page2 Voting Aye: Mayor LeGare, Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo, Richardson, Watson Abstaining : Roth 6. CEREMONY a. Swearing In of New City Clerk Stephen J. Ruger - Presiding Judge Shawn Day Judge Shawn Day administered the oath of office of City Clerk to Stephen Ruger. City Council congratulated Mr. Ruger and thanked him for his service to Aurora. b. Swearing In of Judge Dana Spade - Presiding Judge Shawn Day Judge Shawn Day administered the oath of office to Judge Dana Spade. City Council congratulated Judge Spade and thanked her for her continued service to Aurora. c. Proclamation declaring February 1, 2019 as National Wear Red Day- Mayor LeGare Mayor LeGare Invited Julie Hill, Chair, State Advocacy Committee (SAC), American Heart Association, to come forward. He read the proclamation declaring February 1, 2019 as National Wear Red Day. Ms. Hill expressed appreciation for the proclamation. d. Presentation of Amazing Auroran Award to Alan Engels - Mayor LeGare I Council Member Bergan Mayor LeGare Invited Alan Engels, President, Mission Viejo Homeowners Association, to come forward . He presented Mr. Engels with the Amazing Auroran Award. Mr. Engels expressed appreciation for the recognition. 7. PUBUC INVITED TO BE HEARD (non-agenda related issues only\ Nancy Flores, President, Neighbors United; Kensy Serrano; Matllde Macias; Ana Tovar; and Jason Legg, Attorney-at-Law, discussed the current housing situation for the 24 remaining Denver Meadows Trailer Park residents and requested more relocation help and financial assistance from the City for these residents. Council Member Richardson asked If It was correct that City negotiators Involved In relocation expenses demanded the unit title be transferred to the park owner as a condition of receiving City assistance. Mr. Legg confirmed that was the representation and understanding that the residents had. Council Member Richardson asked If It was vital that any relocation expenses get to the residents quickly. Mr. Legg answered affirmatively. Mayor LeGare stated his understanding that there were no strings attached and no title required to receive City assistance In this regard, but that there was, however, the expectation that those who received help to move Into an apartment would vacate their unit at the park. Mr. Legg stated he stood by his previous statement. He explained the complication related to those who have mortgages or equity that were moving Into apartments were doing so with the understanding that they would either forfeit their mobile home or they would pay rent/mortgage payments on both homes. Mayor LeGare stated misunderstandings have been at the heart of this Issue all along. Jason Batchelor, Deputy City Manager, stated he confirmed with the City relocation assistance staff that relinquishing the title was not a condition of assistance. He noted the • The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present. The Mayor Pro-Tem Is always permitted to vote on all Items. January 28, 2019 Page 3 owner has Indicated he would charge a fee for the homes remaining In the park therefore residents were very concerned about that storage fee If they were to move out. He pointed out the park owner has stated he would demolish, at his expense, any pre-1976 units that were vacated, because those units could not be moved per US Department of Housing and Urban Development (HUD) requirements, and he would require a clear title to do so. He clarified that was a federal requirement and not a City requirement. He stated In that Instance, the owner would consider the unit as abandoned property that would go through the abandoned property process. Council Member Gruber stated his understanding that the money being used In this Instance came from the City's Homelessness fund which was funded by marijuana revenues. He noted the terms were usually $2500 to $5000 but some residents were asking for $20k. He asked Mr. Legg to speak to that Increased ask. Mr. legg did so, noting replacement housing was $12k or more per year In additional housing costs as well as mortgages and equity in the homes that would be abandoned. Council Member Hiltz stated the City was not requiring a title to receive assistance but the residents would be charged an increase In rent and an additional lot storage fee If they did not give up their title when they left their mobile home. Mr. Batchelor concurred, noting the park owner would charge a lot storage fee to those who left their homes on the park property. Council Member Hiltz stated she understood why the residents saw It the way they did because they really did not have a choice. Arturo Aguirre; Carlos Ojaca; Alison Coombs; Mariana Anguiano; Lillian House; and Andrea Chlrlboga-Fior, 9to5 Colorado; discussed the current housing situation for the 24 remaining Denver Meadows Trailer Park residents and requested more relocation help and financial assistance from the City In that regard. Ms. Chlrlboga-Fior asked those present who were In support of the Denver Meadows residents to stand. Mayor LeGare recognized approximately 45 -so people standing. Alva Garcia; Daniela Salgado; Maricruz Herrerra, community organizer; and Hilda lopez; discussed the current housing situation for the 24 remaining Denver Meadows Trailer Park residents and requested more relocation help and financial assistance from the City. Rebekah Henderson spoke In support of Elizabeth Epps and In opposition to comments made In court by Judge Shawn Day as they related to Ms. Epps. She asked City Council to further research Judge Day's comments in this regard. Martsa Burton; Michael Terry; Robert Stevenson; Lena Donaker; Colorado Voters for Animals; Mr. Elder; Michael Martinez; Roland Halpern, Executive Director, Colorado Voters for Animals; and Sarah Hewson, spoke In opposition to Aurora's breed specific ordinance, requested a seven day notice requirement be added to the ordinance and spoke In support of Blue and Rory, dogs recently euthanlzed In the City of Aurora. Omar Montgomery, NAACP-Aurora, spoke In support of the Denver Meadows residents and Elizabeth Epps. Council Member Gruber asked Mr. Montgomery where he thought the $600k for relocation assistance should come from In the City budget. Mr. Montgomery stated from the homelessness budget which was the receptacle of the marijuana money as Council Member • The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present. The Mayor Pro-Tem Is always permitted to vote on all items. January 28, 2019 Page4 Gruber stated. He suggested not all of the Homelessness money should be used but It was a start. Council Member Gruber pointed out doing so would wipe out the homelessness budget leaving nothing left to support those experiencing homelessness. Council Member Johnston asked Mr. Montgomery If he was referring to the Eugene, Oregon model for financial assistance. Mr. Montgomery answered affirmatively, noting It could also be done In the City of Aurora. Janet Marlow expressed appreciation to City Council for their efforts on behalf of the City. Nicholas Walker, Lyn Knoll Neighborhood Association, discussed the failure of the Lyn Knoll Neighborhood fencing project and provided City Council with an objection petition to the project halt. Council Member Richardson noted the breed specific ordinance would go to study session on Monday, February 4, 2019. He asked the City Clerk what date the Item would be heard on the formal agenda. Stephen Ruger, City Clerk, stated Monday, February 25, 2019. Council Member Richardson stated the 24 units at Denver Meadows were fragile and asked staff If moving any of the remaining 24 units was a viable option. Mr. Batchelor answered no. Council Member Richardson asked when the residents could learn whether relocation assistance would be provided or not, the source of the assistance If so and how much the assistance would be. Mr. Batchelor stated staff has made themselves available to the residents after hours and on weekends and agreed staff would set up a specific time to address those concerns. Council Member Richardson asked when the City Council could expect to make policy decisions In this regard. Mayor LeGare stated he has not heard from a majority of council members that they wanted to have a policy discussion about writing checks without knowing more Information on each of the Individual families. Council Member Richardson stated he would like to have that debate. Council Member Murillo discussed the Affordable Housing Task Force's presentation on the role of mobile homes as a source of affordablllty In Aurora that was made to the Housing Redevelopment and Neighborhood Services Committee. She stated her understanding that the Item would come to study session on Monday, February 4, 2019 for discussion. Council Member Hiltz stated her Interest In the policy conversation. Council Members Lawson and Johnston concurred. 8. ADOPTION OF THE AGENDA The agenda was adopted as presented. 9. CONSENT CALENDAR- 9a-g General Business a. Consideration to AWARD AN OPENLY SOUCITED CONTRACT to Merrick & Company, Denver, Colorado In the amount of $274,809.14 for professional services for the Water Transmission and Distribution System Data Update Project - Phase II, RFP • The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present. The Mayor Pro-Tem Is always permitted to vote on all Items. January 28, 2019 Page 5 R-1928. STAFF SOURCE: Sarah Young, Water Planning Services Manager, Aurora Water b. Consideration to AWARD A SINGLE SOURCE CONTRACT to Felsburg, Holt & Ullevlg, Centennial, Colorado In the not-to-exceed amount of $83,640.00 for Bald Eagle Monitoring Services as a requirement of the Incidental Take Permit issued by the United States Fish and Wildlife Service for the construction of the Stephen D. Hogan Parkway (6th Avenue Parkway Extension). STAFF SOURCE: Dennis Eden, Engineering Supervisor, Public Works c. Consideration to AMEND AN OPENLY SOUCITED CONTRACT with Felsburg, Holt & Ullevlg, Centennial, Colorado In the not-to-exceed amount of $192,718.00 for additional final design services to update the signs on E-470 to Indicate Stephen D. Hogan Parkway instead of 6th Parkway, and for additional post design services during construction. STAFF SOURCE: Dennis Eden, Engineering Supervisor, Public Works d. Consideration to AWARD A SINGLE SOURCE CONTRACT to Municipal Treatment Equipment Inc., Golden, Colorado in the not-to-exceed amount of $82,000.00 for Evoqua Water Technologies equipment, parts, and certified technical services for the annual upkeep of chlorine, chlorine dioxide, and ammonia systems at the Griswold, Wemllnger, and Binney Water Purification Facilities as required through November 30, 2019. STAFF SOURCE: Bobby Oligo, Manager of Water Treatment, Aurora Water e. Consideration to AWARD A SINGLE SOURCE CONTRACT to CGRS Inc., Fort Collins, Colorado In the amount of $88,886.00 for the Smoky Hill Pump Station Underground Storage Tank Removal. STAFF SOURCE: Steve Fiori, Project Delivery Services Manager, Aurora Water f. Consideration to EXTEND AN OPENLY SOUCITEO CONTRACT to Albert Frel and Sons, Inc., Henderson, Colorado In the not-to-exceed amount of $210,000.00 for the purchase of aggregate materials as required through December 31, 2019. (B-4382) STAFF SOURCE: Steven Sciba, Manager of Water Operations and Maintenance, Aurora Water g. Consideration to AWARD A SOLE SOURCE CONTRACT to Jen Lewin Studio, LLC, Brooklyn, New York In the amount of $129,820.00 for the purchase of a large interactive Magical Harp for Ashaun 's Wish to be placed at Red-tailed Hawk Park. (Staff Requests a Waiver of Reconsideration) STAFF SOURCE: Tracy Young, Manager of PROS Planning, Design, Construction, Parks, Recreation & Open Space Motion by Roth, second by Berzins, to approve items 9a - 9g with a waiver of reconsideration on Item 9g. Voting Aye : Mayor LeGare, Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo, Richardson, Roth, Watson 10. RESOLUTIONS • a. R2019-03 Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, approving the transfer of the Art Memorial Property currently owned by the 7/20 Foundation to the City of Aurora, and other related matters. STAFF SOURCE: Nancy Freed, Deputy City Manager, General Management Motion by Richardson, second by Murillo, to approve Item lOa. • The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present The Mayor Pro-Tem Is always permitted to vote on all Items. January 28, 2019 PageS Voting Aye : Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo, Richardson, Roth, Watson • b. R2019-04 Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, approving an amendment to the Intergovernmental Agreement between the City of Aurora, Colorado, acting by and through Its utility enterprise, and the Urban Drainage and Flood Control District, regarding maintenance of drainage and flood control Improvements for Robinson Gulch at Aurora Parkway and Arapahoe Road. STAFF SOURCE: Sarah Young, Water Planning Services Manager, Aurora Water Motion by Watson, second by Gruber, to approve Item lOb. Voting Aye: Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo, Richardson, Roth, Watson 11. PUBLIC HEARING WITH RELATED ORDINANCE • a. 2019-01 PUBUC HEARING and Consideration of AN ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, rezoning 11.35 acres more or less at the Southwest corner of 13th Avenue and Peoria Street, between 11th Avenue and 13th Avenue, from Open District (Open) to Fitzsimons Boundary Area (FBA) and amending the zoning map accordingly (13TH and Peoria Rezone) STAFF SOURCE: Sarah Wieder, Senior Planner, Planning and Developments Mayor LeGare opened the public hearing on the Item. Sarah Wieder, Senior Planner, Planning and Development Services, provided a brief summary of the Item, noting It related to a rezoning request of 11.35 acres from Open District to Fitzsimons Boundary Area and that doing so would correct an error In the zoning map. Council Member Johnston stated she understood the Intent of the developer but asked as a point of process If the developer could request a rezone further Into the Framework Development Plan (FOP) process once It was definite that this was affordable. Ms. Wieder answered affirmatively, noting It could be done at the site plan approval but the developer preferred to have It done prior to the site plan submittal. She noted the developer did plan to do affordable housing at this location. Mayor LeGare asked If the City of Aurora was the applicant because It was a correction. Dan Money, Assistant City Attorney, answered affirmatively. Council Member Murillo asked Ms. Wieder to better define affordable housing In this regard. Ms. Wieder was unable to do so at this time, noting her belief that It would be consistent with the developer's other projects. Council Member Murillo asked the make-up of the developer's other development. She stated the project was adjacent to Nome Park and asked If It would encroach on the park. Ms. Wieder answered no. Council Member Hiltz asked If anything was submitted In writing with regards to the developer's Intent to provide affordable housing. Ms. Wieder answered affirmatively. Council Member Hiltz asked If the Intent was submitted In writing prior to the mistake. Ms. Wieder answered affirmatively, noting the General Development Plan (GOP) has been In existence for 10+ years. Council Member Hiltz asked If outreach was done for the rezoning to those who had FOPs In the area. Ms. Wieder answered affirmatively. • The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present. The Mayor Pro-Tem Is always permitted to vote on all Items. January 28,2019 Page 7 Mr. Money confirmed the only reason the City was the applicant was because the rezone was done Incorrectly and this was a housekeeping Item to fix the error. Mayor LeGare closed the public hearing on the Item. Motion by Gruber, second by Roth, to Introduce Item lla. Council Member Johnston stated she appreciated the attempt to remedy the error but she would not support the Item because she had concerns related to whether this would actually be an affordable housing project. Council Member Murillo stated she would not support the Item because she did not support the Original Aurora Rezone because there was nothing that mitigated displacement In that regard. She Implored everyone to consider Intent versus Impact. Council Member Watson stated his support of the Item because It was a simple fix to an unintended error. Voting Aye : Berzins, Gruber, Lawson, Richardson, Roth, Watson Voting Nay: Hiltz, Johnston, Murillo 12. ORDINANCES FOR INTRODUCnON • a. 2019-02 Consideration of AN ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, amending Section 74-29 of the City Code related to prohibiting smoking at transit stops. STAFF SOURCE: Nancy Rodgers, Deputy City Attorney, City Attorney Motion by Richardson, second by Watson, to approve Item 12a. Council Member Lawson asked how many officers on regular and/or side duty worked at the light rail stations. Nancy Rodgers, Deputy City Attorney, stated she was uncertain of the specific number but noted Regional Transportation District (RTD) was the largest secondary employer of Aurora Pollee Department (APD) officers. Council Member Lawson discussed her experiences with altercations on the light rail when APD could not respond quickly because the panic buttons were not readily accessible and questioned how this ordinance would be enforced. She asked If the officers were actually on the train. Ms. Rodgers stated the officers patrolled the rail and bus lines as well as the stations. Council Member asked If the City would work with RTD to post signs stating smoking was prohibited. Ms. Rodgers stated RTD has agreed to work with the City to do so. Council Member Richardson stated enforcement would be minimal and suggested perhaps the signs would help In that effort. He stated those riding the light rail were In a confined space and he did not think smoking should take place at those close-In locations. He asked his colleagues to support the Item. Council Member Lawson stated the premise was good but she expressed concerns regarding pollee officers who were already being overworked with limited resources, public outreach and the assessed penalty. She stated she would not support the Item for those reasons. AMENDMENT! • The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present The Mayor Pro-Tem Is always permitted to vote on all items. January 28, 2019 PageS Motion by Richardson, second by Gruber, to amend Item 12a to limit the penalty to a maximum fine of $500 with no jail time. Council Member Murillo echoed Council Member Lawson's concerns . Council Member Johnston stated It would be great to know those situations would not happen but there were struggles in the City lately with regards to fines and sentencing. She stated she would not support the Item. Mayor LeGare stated he preferred to leave the penalties up to municipal judges. Council Member Berzins asked If It would be possible for a pollee officer to give a warning rather than writing a ticket. Ms. Rodgers answered affirmatively, noting It would be treated similarly to the smoking within 15 feet outside of buildings restriction. Council Member Murillo stated the fine was too high and jail time should not be an option but suggested public service should. VOTE ON AMENDMENT I Voting Aye: Berzins, Gruber, Hiltz, Richardson Voting Nay: Johnston, Lawson, Murillo, Roth, Watson VOTE ON ORIGINAL MOTION Voting Aye: Gruber, Richardson, Watson Voting Nay : Berzins, Hiltz, Johnston, Lawson, Murillo, Roth Agenda items 1.3a-d will be read together and the Public hearings will be opened for all four (4) items at one time. Each item will be voted on separately. 13. ANNEXATIONS • a. R2018-112 Public Hearing and Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, making certain findings of fact regarding the proposed annexation of a parcel of land located in the northwest quarter of Section 25, Township 3 South, Range 66 West of the sixth principal meridian, County of Adams, State of Colorado. (MAJESTIC COMMERCENTER ANNEXATION FINDINGS) 538.415 ACRES (Staff Requests a Waiver of Reconsideration) STAFF SOURCE: Jacob Cox, Senior Development Project Manager, General Management Mayor LeGare opened the public hearing on the Item. Jacob Cox, Senior Development Project Manager, General Management, gave a presentation of the Items. Mayor LeGare closed the public hearing on the Item. Motion by Johnston, second by Gruber, to approve Item 13a with a waiver of reconsideration. Council Member Johnston stated she supported the Item, noting the annexation was different from others because the City of Aurora surrounded this parcel of land. • The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present The Mayor Pro· Tem Is always permitted to vote on all items. January 28, 2019 Page 9 Voting Aye : Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo, Richardson, Roth, Watson • b. 2018-65 Public Hearing and Consideration of AN ORDINANCE FOR ADOPTION of the City Council of the City of Aurora, Colorado, annexing a parcel of land located In the northwest quarter of Section 25, Township 3 South, Range 66 West of the Sixth Principal Meridian, County of Adams, State of Colorado (MAJESTIC COMMERCENTER II ANNEXATION) 538.415 acres. (Staff Requests a Waiver of Reconsideration) STAFF SOURCE: Jacob Cox, Senior Development Project Manager, General Management Motion by Roth, second by Lawson, to approve Item 13b with a waiver of reconsideration. Voting Aye : Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo, Richardson, Roth, Watson • c. 2018-66 Public Hearing and Consideration of AN ORDINANCE FOR ADOPTION of the City Council of the City of Aurora, Colorado, zoning a parcel of land generally located between E-470 and Picadllly Road and between 26th Avenue and 38th Avenue within the City of Aurora , Cou nty of Adams, State of Colorado, to E-470 Light Industrial/Flex Office Subarea District and amending the zoning map accordingly (MAJESTIC COMMERCENTER II INmAL ZONING) (Staff Requests a Waiver of Reconsideration) STAFF SOURCE: Brandon Cammarata, Senior Planner, Planning & Development Services Motion by Berzins, second by Watson, to approve Item 13c with a waiver of reconsideration. Voting Aye : Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo, Richardson, Roth, Watson d. Public Hearing and Consideration of AN ANNEXATION AGREEMENT of the City Council of the City of Aurora, Colorado, between the City of Aurora and Majestic Commercenter II, LLC for certain lands located In Section 25, Township 3 South, Range 66 West of the Sixth Principal Meridian, County of Adams, State of Colorado. (Staff Requests a Waiver of Reconsideration) STAFF SOURCE: Jacob Cox, Senior Development Project Manager, General Management Motion by Gruber, second by Roth, to approve Item 13d with a waiver of reconsideration. Voting Aye: Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo, Richardson, Roth, Watson 14. RECONSIPERATIONS AND CALL-UPS None 15. GENERAL BUSINESS a. Rules of Order and Procedure for the Aurora, Colorado, City Council Revisions. STAFF SOURCE: Daniel Brotzman, Interim City Attorney, City Attorney Motion by Gruber, second by Roth, to approve Item !Sa. AMENDMENT! • The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present The Mayor Pro-Tem Is always permitted to vote on all items. January 28, 2019 Page 10 Motion by Richardson, second by Murillo, to amend item lSa to strike: "(1/2 hour non- agenda public comment on first come bases. Remaining of speakers shall be heard under Agenda Item (t) below)" on p. 11, Item 3, Order of Business, subparagraph g. Council Member Richardson stated the Public Invited to be Heard agenda Item was not so onerous as to limit the time. Council Member Johnston concurred. Council Member Gruber stated his opposition to the Item, noting the 112 hour time limit allowed those present doing the business of the City to have an understanding of the tlmeframe needed to participate In the business of the City. He noted it did not prevent people from speaking. Council Member Johnston stated It was often difficult to speak on an Item once It was on the agenda. Council Member Murillo stated this was a question of whether City Council wanted to do their jobs or not. Council Member Murillo stated her support of the amendment because limiting public testimony would potentially discourage the public from participating. VOTE ON AMENDMENT I Voting Aye: Berzins, Hiltz, Johnston, Lawson, Murillo, Richardson, Watson Voting Nay: Mayor LeGare, Gruber, Roth AMENDMENT II Motion by Richardson, second by Johnston, to amend Item lSa p. 11, the end of paragraph 5, Public Comments on Agenda Items, to strike: "unless a shorter time Is set by the Mayor in consideration of the number of speakers who have signed up to the Item." Council Member Johnston stated her support of the Item. VOTE ON AMENDMENT II Voting Aye: Mayor LeGare, Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo, Richardson, Watson Voting Nay: Roth VOTE ON ORIGINAL MOTION AS AMENDED Voting Aye: Mayor LeGare, Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo, Richardson, Roth, Watson b. Consideration to appoint six (6) members to the Aurora Immigrant and Refugee Commission. STAFF SOURCE: Stephen Ruger, City Clerk, General Management Motion by Roth, second by Watson, to appoint the six applicants recommended by staff, Alula Arega; Marlin Erazo; Abukar Muhumed; Linda Skelley; Kevin Vargas; and Jackie Zvjenleks, to the Aurora Immigrant and Refugee Commission. • The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present The Mayor Pro.Tem Is always permitted to vote on all Items. January 28, 2019 Page 11 Voting Aye: Mayor LeGare, Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo, Richardson, Roth, Watson c. Consideration to appoint one (1) member to the Civil Service Commission. STAFF SOURCE: Stephen Ruger, City Clerk, General Management Motion by Berzins, second by Roth, to appoint Jim Weeks to the Civil Service Commission. Voting Aye: Mayor LeGare, Berzins, Gruber, Hiltz, Johnston, Lawson, Murillo, Richardson, Roth, Watson Council Member Gruber stated there was an outstanding group of people who offered to volunteer their time to support the City. 16. REPORTS a. Report by the Mayor No report. b. Reports by Council Council Member Murillo announced the Ward I Town Hall meeting was scheduled for Saturday, February 3, 2019 at the Village Exchange Center where she would be co-hosting with Shontel Lewis, RTD District Director for Adams County. She stated the next meetings were scheduled for Thursday, February 28, 2019 at Fire House #2 and Thursday, March 28, 2019 at the Anschutz Medical campus. She discussed the success of the recent Village Exchange Center's annual MLK Jr. birthday celebration and fundraising event where she was recognized with the first annual MLK Mountaintop Award. Council Member Hiltz echoed Council Member Murillo's comments related to the success of the Village Exchange Center event. Council Member Berzins announced the Ward III meetings were planned for the year and that this year she would host three meetings each month. She stated she would mall out postcards listing the meeting dates for the remainder of the year and hoped to see everyone there. Council Member Johnston discussed the success of her recent Ward II Town Hall meeting at the Beck Recreation Center where oil and gas Issues were discussed and announced the next meeting was scheduled for Thursday, February 28, 2019 at the Beck Recreation Center. She noted Representative Jason Crow was hosting a Town Hail meeting In Council Chambers on Thursday, January 31, 2019. Mayor Pro Tern Roth discussed events he was Involved In recently In Aurora and announced the Ward V Town Hall meeting was scheduled for Tuesday, February 19, 2019 at the Heather Gardens Clubhouse, where the presenters would be from the American Heart Association and the Bridge House Ready-to-Work Program. Council Member Watson noted Dr. Barbara Shannon-Bannister would be recognized at the state capital on Wednesday, February 6, at 9:00a.m. • The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present. The Mayor Pro-Tem Is always permitted to vote on all Items. January 28,2019 Page 12 17. PUBLIC INVITED TO BE HEARD Leanne Wheeler discussed the recent Colorado Center on Laws and Policies report and the powers of the Aurora City Council. Council Member Johnston referenced City Council's provisions to provide for probations and sentences of the municipal court and asked staff to address that issue. Daniel Brotzman, Interim City Attorney, did so, noting that was a power of the Council to do so by drafting items such as pardons. Mayor LeGare asked if that was a charter change. Mr. Brotzman answered no. He stated Council has not chosen to exercise that power through an ordinance that would give someone, i.e. the Mayor, a council member or a group of council members, the power to do so. Mayor LeGare stated that would be a policy committee discussion. Council Member Hiltz stated her understanding of the situation and process. Mr. Brotzman concurred. Council Member Johnston requested an ordinance to address those concerns be drafted immediately considering it was already in the City Charter. Kristin Mallory raised the topic of Elizabeth Epps and requested City Council consider clemency for Ms. Epps. Mayor LeGare clarified Ms. Epps was granted a three day trial by a jury of her peers in the Municipal Courts whose decision was then appealed to the Arapahoe County District Court, noting the District Court agreed with the Municipal Court jury's decision. 18. ADJOURNMENT Mayor LeGare adjourned the regular meeting o ATTEST: • The City Charter prescribes the Mayor may vote on resolutions and ordinances only to create or break a tie vote of Council Members present. The Mayor Pro-Tem Is slwsys permitted to vote on s/1 items.