City Council

City Council Minutes Meeting Date: Monday, September 12, 2016 5:30 PM PLEDGE OF ALLEGIANCE Boy Scout Troop 97 of Northeast Parkhill led the Pledge of Allegiance. ROLL CALL Councilman López arrived late. Present: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, López, New, Ortega, Susman (13) APPROVAL OF THE MINUTES 16-0780 August 29, 2016 Minutes The Minutes of September 19, 2016 were approved. Approved The minutes of meeting date, Monday, August 29, 2016, were distributed to Council. Council President Brooks ordered the minutes approved. COUNCIL ANNOUNCEMENTS Council members Ortega, New, Gilmore, Herndon, Black, and Brooks offered announcements. PRESENTATIONS 16-0803 Kaiser Permanente 2016 Colfax Marathon Government Cup Presentation. This Presentation 16-0803 was filed. Filed Kaiser Permanente presented the 2016 Colfax Marathon Government Cup Winners. COMMUNICATIONS PROCLAMATIONS 16-0804 A proclamation in recognition of Paul A. Hindman, Executive Director of Urban Drainage and Flood Control District, upon his retirement. Sponsors: López, Gilmore, Kashmann, Black, Susman, Clark, Brooks and New A motion offered by Councilman Kashmann, duly seconded by Councilman Clark, that Proclamation 16-0804 be adopted. The motion carried by the following vote: Adopted Councilwoman Ortega as to added as a sponsor of Proclamation 16-0804. Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) Page 1 16-0805 A proclamation congratulating the Denver Outlaws for winning the 2016 Major League Lacrosse (MLL) Championship. Sponsors: Herndon, Susman, Gilmore, Clark, Espinoza, Black and Brooks A motion offered by Councilman Herndon, duly seconded by Councilwoman Black, that Proclamation 16-0805 be adopted. The motion carried by the following vote: Adopted Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) 16-0806 A proclamation recognizing September 2016 as National Preparedness Month. Sponsors: Ortega, Kashmann, Black, Clark, New, Gilmore and Brooks A motion offered by Councilwoman Ortega, duly seconded by Councilman Clark, that Proclamation 16-0806 be adopted. The motion carried by the following vote: Adopted Paul Kashmann Debbie Ortega Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) RESOLUTIONS The Council Secretary read the following resolutions by titles. Finance & Governance Committee Block Vote Block Vote A motion offered by Councilwoman Gilmore, duly seconded by Councilman Herndon, to approve the following items en bloc. The motion carried by the following vote: Approved the consent agenda Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) Page 2 16-0613 A resolution approving a proposed Eighth Amendatory Agreement between the City and County of Denver and Sterling Infosystems Inc. for background check services. Extends through 12-31-18 and adds $409,900 to the contract with Sterling Infosystems, Inc. for a total of $899,900 to continue background check services for candidates seeking City employment (CSAHR-201310499-08). The last regularly scheduled Council meeting within the 30-day review period is on 9-26-16. The Committee approved filing this resolution by consent on 8-25-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Herndon, that Resolution 16-0613 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) Infrastructure & Culture Committee 16-0505 A resolution approving a proposed Agreement between the City and County of Denver and Tsiouvaras Simmons Holderness, Inc. for professional architectural and engineering design services. Approves a $4,195,500 five-year agreement with Tsiouvaras Simmons Holderness, Inc. to provide environmental compliance through the National Environmental Policy Act process for multimodal improvements to Quebec Street from 13th to 26th Avenues in Council Districts 5 and 8 (201628915). The last regularly scheduled Council meeting within the 30-day review period is on 9-26-16. The Committee approved filing this resolution at its meeting on 7-27-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Herndon, that Resolution 16-0505 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) Page 3 16-0547 A resolution approving a proposed Contract between the City and County of Denver and Villalobos Concrete Inc, for construction of the State Highway 30 (Hampden and Havana) Pedestrian Safety Connections Project. Approves a five-month $2,054,913.46 contract with Villalobas Concrete Inc. for construction of the Hampden and Havana (State Highway 30) Pedestrian Safety Connections Project from Dayton Street to Dartmouth Street that includes sidewalks, multi-use path, metal pedestrian railings, embankment materials, and landscaping improvements in Council District 4 (201627770). The last regularly scheduled Council meeting within the 30-day review period is on 10-3-16. The Committee approved filing this resolution by consent on 8-4-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Herndon, that Resolution 16-0547 be adopted en bloc, carried by the following vote: Adopted Courtesy public hearing 9-19-16 Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) 16-0570 A resolution approving a proposed Agreement between the City and County of Denver and AECOM Technical Services, Inc. for on-call engineering services. Approves a three-year $2.5 million contract with AECOM for on-call professional services including traffic, transportation, bicycle and pedestrian, multimodal, parking, civil, water resources, survey, geotechnical, material testing, construction management, environmental, and various mobility-related services (201629353). The last regularly scheduled Council meeting within the 30-day review period is on 9-26-16. The Committee approved filing this resolution by consent on 8-11-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Flynn, that Resolution 16-0570 be adopted. The motion carried by the following vote: Adopted Aye: Black, Brooks, Clark, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Susman (10) Nay: Ortega (1) Absent: López (1) Abstain: Espinoza (1) Page 4 16-0571 A resolution approving a proposed Agreement between the City and County of Denver and Apex Design, P.C. for on-call engineering services. Approves a three-year $2.5 million contract with Apex Design for on-call professional services including traffic, transportation, bicycle and pedestrian, multimodal, parking, civil, water resources, survey, geotechnical, material testing, construction management, environmental, and various mobility-related services (201629318). The last regularly scheduled Council meeting within the 30-day review period is on 9-26-16. The Committee approved filing this resolution by consent on 8-11-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Flynn, that Resolution 16-0570 be adopted. The motion carried by the following vote: Adopted Aye: Black, Brooks, Clark, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Susman (10) Nay: Ortega (1) Absent: López (1) Abstain: Espinoza (1) 16-0572 A resolution approving a proposed Agreement between the City and County of Denver and David Evans and Associates, Inc. for on-call engineering services. Approves a three-year $2.5 million contract with David Evans & Associates for on-call professional services including traffic, transportation, bicycle and pedestrian, multimodal, parking, civil, water resources, survey, geotechnical, material testing, construction management, environmental, and various mobility-related services (201629323). The last regularly scheduled Council meeting within the 30-day review period is on 9-26-16. The Committee approved filing this resolution by consent on 8-11-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Flynn, that Resolution 16-0570 be adopted. The motion carried by the following vote: Adopted Aye: Black, Brooks, Clark, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Susman (10) Nay: Ortega (1) Absent: López (1) Abstain: Espinoza (1) Page 5 16-0573 A resolution approving a proposed Agreement between the City and County of Denver and Felsburg Holt & Ullevig, Inc. for on-call engineering services. Approves a three-year $2.5 million contract with Felsburg Holt & Ullevig, Inc. for on-call professional services including traffic, transportation, bicycle and pedestrian, multimodal, parking, civil, water resources, survey, geotechnical, material testing, construction management, environmental, and various mobility-related services (201629314). The last regularly scheduled Council meeting within the 30-day review period is on 9-26-16. The Committee approved filing this resolution by consent on 8-11-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Flynn, that Resolution 16-0570 be adopted. The motion carried by the following vote: Adopted Aye: Black, Brooks, Clark, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Susman (10) Nay: Ortega (1) Absent: López (1) Abstain: Espinoza (1) 16-0574 A resolution approving a proposed Agreement between the City and County of Denver and HDR Engineering, Inc. for on-call engineering services. Approves a three-year $2.5 million contract with HDR Engineering, Inc. for on-call professional services including traffic, transportation, bicycle and pedestrian, multimodal, parking, civil, water resources, survey, geotechnical, material testing, construction management, environmental, and various mobility-related services (201629317). The last regularly scheduled Council meeting within the 30-day review period is on 9-26-16. The Committee approved filing this resolution by consent on 8-11-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Flynn, that Resolution 16-0570 be adopted. The motion carried by the following vote: Adopted Aye: Black, Brooks, Clark, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Susman (10) Nay: Ortega (1) Absent: López (1) Abstain: Espinoza (1) Page 6 16-0575 A resolution approving a proposed Agreement between the City and County of Denver and Jacobs Engineering Group Inc. for on-call engineering services. Approves a three-year $2.5 million contract with Jacobs Engineering Group Inc. for on-call professional services including traffic, transportation, bicycle and pedestrian, multimodal, parking, civil, water resources, survey, geotechnical, material testing, construction management, environmental, and various mobility-related services (201629319). The last regularly scheduled Council meeting within the 30-day review period is on 9-26-16. The Committee approved filing this resolution by consent on 8-11-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Flynn, that Resolution 16-0570 be adopted. The motion carried by the following vote: Adopted Aye: Black, Brooks, Clark, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Susman (10) Nay: Ortega (1) Absent: López (1) Abstain: Espinoza (1) 16-0576 A resolution approving a proposed Agreement between the City and County of Denver and Kimley-Horn and Associates, Inc. for on-call engineering services. Approves a three-year $2.5 million contract with Kimley-Horn and Associates, Inc. for on-call professional services including traffic, transportation, bicycle and pedestrian, multimodal, parking, civil, water resources, survey, geotechnical, material testing, construction management, environmental, and various mobility-related services (201629320). The last regularly scheduled Council meeting within the 30-day review period is on 9-26-16. The Committee approved filing this resolution by consent on 8-11-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Flynn, that Resolution 16-0570 be adopted. The motion carried by the following vote: Adopted Aye: Black, Brooks, Clark, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Susman (10) Nay: Ortega (1) Absent: López (1) Abstain: Espinoza (1) Page 7 16-0577 A resolution approving a proposed Agreement between the City and County of Denver and Muller Engineering Company, Inc. for on-call engineering services. Approves a three-year $2.5 million contract with Muller Engineering Company, Inc. for on-call professional services including traffic, transportation, bicycle and pedestrian, multimodal, parking, civil, water resources, survey, geotechnical, material testing, construction management, environmental, and various mobility-related services (201629325). The last regularly scheduled Council meeting within the 30-day review period is on 9-26-16. The Committee approved filing this resolution by consent on 8-11-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Flynn, that Resolution 16-0570 be adopted. The motion carried by the following vote: Adopted Aye: Black, Brooks, Clark, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Susman (10) Nay: Ortega (1) Absent: López (1) Abstain: Espinoza (1) 16-0578 A resolution approving a proposed Agreement between the City and County of Denver and Navjoy Consulting Services Inc. for on-call engineering services. Approves a three-year $2.5 million contract with Navjoy Consulting Services Inc. for on-call professional services including traffic, transportation, bicycle and pedestrian, multimodal, parking, civil, water resources, survey, geotechnical, material testing, construction management, environmental, and various mobility-related services (201629324). The last regularly scheduled Council meeting within the 30-day review period is on 9-26-16. The Committee approved filing this resolution by consent on 8-11-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Flynn, that Resolution 16-0570 be adopted. The motion carried by the following vote: Adopted Aye: Black, Brooks, Clark, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Susman (10) Nay: Ortega (1) Absent: López (1) Abstain: Espinoza (1) Page 8 16-0579 A resolution approving a proposed Agreement between the City and County of Denver and Short-Elliott-Hendrickson, Inc. for on-call engineering services. Approves a three-year $2.5 million contract with Short-Elliott-Hendrickson, Inc. for on-call professional services including traffic, transportation, bicycle and pedestrian, multimodal, parking, civil, water resources, survey, geotechnical, material testing, construction management, environmental, and various mobility-related services (201629322). The last regularly scheduled Council meeting within the 30-day review period is on 9-26-16. The Committee approved filing this resolution by consent on 8-11-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Flynn, that Resolution 16-0570 be adopted. The motion carried by the following vote: Adopted Aye: Black, Brooks, Clark, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Susman (10) Nay: Ortega (1) Absent: López (1) Abstain: Espinoza (1) 16-0580 A resolution approving a proposed Agreement between the City and County of Denver and Stanley Consultants Co. for on-call engineering services. Approves a three-year $2.5 million contract with Stanley Consultants Co. for on-call professional services including traffic, transportation, bicycle and pedestrian, multimodal, parking, civil, water resources, survey, geotechnical, material testing, construction management, environmental, and various mobility-related services (201629506). The last regularly scheduled Council meeting within the 30-day review period is on 9-26-16. The Committee approved filing this resolution by consent on 8-11-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Flynn, that Resolution 16-0570 be adopted. The motion carried by the following vote: Adopted Aye: Black, Brooks, Clark, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Susman (10) Nay: Ortega (1) Absent: López (1) Abstain: Espinoza (1) Page 9 16-0581 A resolution approving a proposed Agreement between the City and County of Denver and Stantec Consulting Services Inc. for on-call engineering services. Approves a three-year $2.5 million contract with Stantec Consulting Services Inc. for on-call professional services including traffic, transportation, bicycle and pedestrian, multimodal, parking, civil, water resources, survey, geotechnical, material testing, construction management, environmental, and various mobility-related services (201629321). The last regularly scheduled Council meeting within the 30-day review period is on 9-26-16. The Committee approved filing this resolution by consent on 8-11-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Flynn, that Resolution 16-0570 be adopted. The motion carried by the following vote: Adopted Aye: Black, Brooks, Clark, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Susman (10) Nay: Ortega (1) Absent: López (1) Abstain: Espinoza (1) Page 10 Business, Arts, Workforce, & Aeronautical Services Committee 16-0600 A resolution approving a proposed Loan Agreement between the City and County of Denver and Rocky Mountain Public Broadcasting Network, Inc. Approves a loan of $1.5 million to the Rocky Mountain Public Broadcasting Network, Inc. comprised of a $1 million performance-based loan as well as $500,000 repayable term loan to fund the design/soft costs of the real estate development at Arapahoe Square in Council District 9 (OEDEV201629108-00). The last regularly scheduled Council meeting within the 30-day review period is on 10-3-16. The Committee approved filing this bill at its meeting On 8-31-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Herndon, that Resolution 16-0600 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) 16-0756 A resolution approving a proposed Second Amendment between the City and County of Denver and Jensen Hughes, Inc. concerning on call professional design services for the replacement of the fire alarm system at Denver International Airport. Amends a contract with Jensen Hughes, Inc. by adding $1 million for a new contract total in the amount of $11 million and extending the term for one year through 6-4-18 for on-call professional design services for replacement of the fire alarm system at Denver International Airport (CE05021-02). The last regularly scheduled Council meeting within the 30-day review period is on 10-3-16. The Committee approved filing this bill at its meeting on 8-31-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Herndon, that Resolution 16-0756 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) Page 11 Land Use, Transportation & Infrastructure Committee 16-0592 A resolution approving a proposed Agreement between the City and County of Denver and Felsburg Holt Ullevig, Inc. to complete phase two of the I-25 and Broadway interchange. Approves a $2,703,229.10 contract with Felsburg Holt Ullevig, Inc, through 12-31-20 to complete the final design drawings, specifications, and cost estimates and construction bid documents for the second phase of the I-25 and Broadway interchange, which includes the new on-ramp to southbound Interstate 25, and reconstruction or modification to Ohio, Exposition and Broadway in Council District 7 (201629558). The last regularly scheduled Council meeting within the 30-day review period is on 9-26-16. The Committee approved filing this resolution by consent on 8-18-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Herndon, that Resolution 16-0592 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) 16-0614 A resolution approving a proposed Amendatory Agreement between the City and County of Denver and American Sign and Striping Company to extend contract term and increase funding. Amends a contract with American Sign and Striping by adding $1 million for a new contract total of $2.3 million and extending the contract term by 8 months for a new end date of 12-23-17 to reset existing traffic signs or furnish and install new traffic signs (201314352). The last regularly scheduled Council meeting within the 30-day review period is on 9-26-16. The Committee approved filing this resolution by consent on 8-23-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Herndon, that Resolution 16-0614 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) Page 12 16-0616 A resolution granting a permit to Verizon Wireless (VAW) LLC d/b/a Verizon Wireless to encroach into certain public rights-of-way. Grants a revocable permit to Verizon Wireless to encroach into the right-of-way with the installation of two cell poles and equipment at 1920 Wewatta Street and 1902 California Street, in Council District 9. The Committee approved filing this bill at its meeting on 8-23-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Herndon, that Resolution 16-0616 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) 16-0617 A resolution granting a permit to Verizon Wireless (VAW) LLC d/b/a Verizon Wireless to encroach into certain public rights-of-way. Grants a revocable permit to Verizon Wireless to encroach into the right-of-way with the installation of three cell poles and facilities at 2105 19th Street, 2080 18th Street, and 1450 Delgany Street, in Council District 9. The Committee approved filing this resolution by consent on 8-23-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Herndon, that Resolution 16-0617 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) 16-0618 A resolution accepting and approving the plat of Gateway Lodging & Convenience Filing No. 1. Approves a subdivision plat for Gateway Lodging and Convenience Filing No. 1, located at Tower Road and East 59th Avenue, in Council District 11. The Committee approved filing this resolution by consent on 8-23-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Herndon, that Resolution 16-0618 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) Page 13 16-0619 A resolution approving a proposed Contract between the City and County of Denver and Alpine Roofing Co., Inc., for replacement of the roof at the Castro Building located at 1200 Federal Boulevard. Approves a contract with Alpine Roofing Co. for $604,838.43 to replace the roof at the Castro Building located at 1200 Federal Boulevard, in Council District 3 (201628023). The last regularly scheduled Council meeting within the 30-day review period is on 10-3-16. The Committee approved filing this resolution by consent on 8-23-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Herndon, that Resolution 16-0619 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) 16-0750 A resolution approving a First Amendment to Park Use Agreement with Downtown Denver Events, Inc., to extend term and allow alcohol sales at the skating rink in Skyline Park. Amends an agreement with Downtown Denver Events for operation of the skating rink to extend the term of the agreement by one year, through 11-8-2017 and add a provision allowing the service of alcoholic beverages in Skyline Park, in Council District 9 (201102792). The last regularly scheduled Council meeting within the 30-day review period is on 10-3-16. The Committee approved filing this resolution by consent on 8-30-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Herndon, that Resolution 16-0750 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) Page 14 16-0754 A resolution accepting and approving the plat of Boulevard One Filing No. 8. Approves the subdivision plat for Boulevard One Filing No. 8, located on the northwest corner of East Bayaud and Quebec Street, in Council District 5. The last regularly scheduled Council meeting within the 30-day review period is on 10-3-16. The Committee approved filing this resolution by consent on 8-30-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Herndon, that Resolution 16-0754 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) Safety, Housing, Education, & Homelessness Committee 16-0620 A resolution approving a proposed Revival and Amendatory Agreement between the City and County of Denver and RRK Enterprises, Inc., d/b/a Independence House, Inc., for community corrections services. Amends the agreement with RRK Enterprises, doing business as Independence House, by adding $33,985.89 to the contract for a new contract total in the amount of $2,842,937.26 for residential and non-residential community corrections services. There is no change to the contract term (2015-22623-01). The last regularly scheduled Council meeting within the 30-day review period is on 9-26-26. The Committee approved filing this resolution by consent on 8-25-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Herndon, that Resolution 16-0620 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) Page 15 16-0623 A resolution approving a proposed Revival and Amendatory Agreement between the City and County of Denver and Correctional Management, Inc. for community corrections services. Amends a contract with Correctional Management, Inc. by adding $80,537.48 to the contract for a new contract total in the amount of $5,699,500.06 for residential and non-residential community corrections services. There are no changes in the contract term (2015-22625-01). The last regularly scheduled Council meeting within the 30-day review period is on 9-26-16. The Committee approved filing this resolution by consent on 8-25-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Herndon, that Resolution 16-0623 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) 16-0753 A resolution approving and providing for the execution of a proposed grant agreement between the City and County of Denver and the State of Colorado concerning the "UASI FY16" program and the funding therefor, and authorizing the purchase of capital equipment items from the "UASI FY16" Special Revenue Fund budget. Approves a grant agreement with the State of Colorado for $2,369,600 concerning the Fiscal Year 2016 Urban Area Security Initiative program and funding, and to procure equipment utilizing these funds (MOOEM-201630082-00). The last regularly scheduled Council meeting within the 30-day review period is on 10-3-16. The Committee approved filing this resolution by consent on 8-31-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Herndon, that Resolution 16-0753 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) Page 16 16-0759 A resolution approving a proposed Automated Photo Red Light - Photo Radar Traffic System Management Program Agreement by and between the City and County of Denver and Xerox State and Local Solutions, Inc. Approves an agreement with Xerox State & Local Solutions Inc. in the amount of $6,417,923 with a contract term through 9-3-21 for the provision of services for both the Photo Red Light and Photo Radar programs (201627552-00). The last regularly scheduled Council meeting within the 30-day review period is on 10-3-16. The Committee approved filing this bill at its meeting on 8-31-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilwoman Black, that Resolution 16-0759 be adopted. The motion carried by the following vote: Adopted Aye: Black, Brooks, Clark, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (10) Nay: Flynn (1) Absent: López (1) Abstain: Espinoza (1) Page 17 Safety & Well-being 16-0492 A resolution approving a proposed Agreement between the City and County of Denver and the University of Colorado at Denver, d/b/a Addiction Research and Treatment Services, for community corrections services. Approves a contract with University of Colorado Health Sciences Center for $4,957,061.15 through 6-30-17 for residential and non-residential community corrections services (2016-28540). The last regularly scheduled Council meeting within the 30-day review period is on 10-3-16. The Committee approved filing this resolution by consent on 7-14-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Herndon, that Resolution 16-0492 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) BILLS FOR INTRODUCTION The Council Secretary read the following bills by titles. Council President Brooks announced that all other bills on introduction are ordered published. Land Use, Transportation & Infrastructure Committee 16-0599 A bill for an ordinance changing the zoning classification for 17670 E. 64th Avenue and 6203 Panasonic Way. Rezones 17670 East 64th Avenue and 6203 Panasonic Way from C-MU-20 with waivers and conditions, AIO, DO-6 and C-MU-30 with waivers and conditions, UO-1, AIO, DO-6 to S-MX-12A, AIO, DO-6, in Council District 11. The Committee approved filing this bill at its meeting on 8-23-16. Final Consideration Required Public Hearing This Bill 16-0599 was ordered published with future required public hearing. to the Land Use, Transportation & Infrastructure Committee due back on 10/10/2016 Ordered published with future required public hearing Page 18 16-0624 A bill for an ordinance changing the zoning classification for 1601-1671 Pearl Street and 524-538 East 17th Avenue. Rezones 1601-1671 Pearl Street & 524-538 East 17th Avenue from C-MX-5, DO-1/C-MX-8, DO-1/C-MS-8, DO-1 to PUD - G15, DO1, in Council District 10. The Committee approved filing this bill at its meeting on 8-23-16. Final Consideration Required Public Hearing This Bill 16-0624 was ordered published with future required public hearing. to the Land Use, Transportation & Infrastructure Committee due back on 10/10/2016 Ordered published with future required public hearing 16-0752 A bill for an ordinance changing the zoning classification for 4150 N. Elati St. Rezones property located at 4150 North Elati Street from I-A, UO-1 to C-RX-12, in Council District 9. The Committee approved filing this bill at its meeting on 8-30-16. Final Consideration Required Public Hearing This Bill 16-0752 was ordered published with future required public hearing. to the Land Use, Transportation & Infrastructure Committee due back on 10/10/2016 Ordered published with future required public hearing 16-0755 A bill for an ordinance vacating a portion of the alley bounded by Perry Street, Quitman Street and West Colfax Avenue, with reservations. Vacates a portion of an alley bounded by Perry Street and Quitman Street and Colfax Avenue, located at 1518 Quitman Street, in Council District 1. The Committee approved filing this bill by consent on 8-30-26. This Bill 16-0755 was ordered published on first reading. Ordered published on first reading Page 19 16-0760 A bill for an ordinance amending the River North Area Plan, the 38th & Blake Station Area Plan, the Northeast Downtown Neighborhoods Plan, the Globeville Neighborhood Plan, and the Elyria & Swansea Neighborhoods Plan by incorporating the 38th & Blake Station Area Height Amendments to each of the five plans. Approves a plan amendment to update 5 existing neighborhood plans including River North, 38th & Blake Station Area, Northeast Downtown Neighborhoods, Globeville Neighborhood and Elyria & Swansea Neighborhoods plans. The Committee approved filing this bill at its meeting on 8-30-16. This Bill 16-0760 was ordered published with future courtesy public hearing. to the Land Use, Transportation & Infrastructure Committee due back on 9/19/2016 Ordered published with future courtesy public hearing Safety, Housing, Education. & Homelessness Committee Page 20 16-0625 AS AMENDED a bill for an ordinance amending Chapter 27 of the Denver Revised Municipal Code concerning housing, establishing permanent funds to support city affordable housing programs, adopting an affordable housing linkage fee applicable to new construction, and dedicating a portion of the city’s existing property tax revenue capacity to the funding of affordable housing programs Approves creating dedicated funding streams from property taxes and commercial and residential linkage fees to be used for affordable housing programs. The Committee approved filing this bill at its meeting on 8-24-16. Amended 9-12-16 to disassociate the revenue from the dedicated .5 mill from the referred measure 2A of 2012. Amended 9-19-16 to provide that the prohibition will be in place for only three years rather than five, through 2020, thus reducing the time before linkage fees can be increased; to broaden the requirement to create a 3-5 year action plan for the permanent funds to instead create a comprehensive housing plan that encompasses all funds that are allocated toward housing, and requires the plan to be submitted to City Council for approval; In a detailed review of the nexus study calculations, we found a small inconsistency with the current ordinance language on the use of linkage fee revenue. Our team made a policy choice in developing the proposal to set the income levels for the linkage fee revenue at 80% AMI for rental development, 100% AMI for homeownership development, and 120% AMI for homeownership assistance to match the property tax revenue income limits. However, findings of the nexus study do not support the housing gap above 80% AMI for the linkage fee. We are committed to maintaining a complete connection between the housing fund ordinance and the nexus study to support the legal foundation of the linkage fee, so this finding requires a technical amendment to the current ordinance to reflect 80% AMI as the income limit for linkage fee revenue on rental development, homeownership development and homeownership assistance. Please note that the property tax portion of the permanent fund will continue to be allowed by the ordinance to serve families up to 100% AMI for homeownership development and 120% AMI for homeownership assistance; and to repeal the provisions of the bill establishing the permanent funds, the linkage fee, the dedicated property tax revenues, and the affordable housing advisory committee ten years from now, unless further legislative action is taken in the future to extend these provisions. Sponsors: Brooks and Kniech A motion offered by Councilwoman Gilmore, duly seconded by Councilman Clark, that Bill 16-0625 be ordered published, was followed by a motion offered by Councilman Flynn, duly seconded by Councilman Clark, that Bill 16-0625 be amended in the following particulars: 1) On page 3, delete the entire “Whereas statement” on lines 1-4, On page 3, line 29, strike the words, “section 20-26” and substitute with “subsection Page 21 (i) of this section, On page 6, line 10, add the following subsection: (i) Dedicated levy for Affordable Housing Property Tax Revenue Fund. For 2016 property taxes to be collected in 2017, the city’s certification of property tax mill levies shall include a separate itemized levy at the rate of one-half of one mill (.5 mill) for the purpose of funding affordable housing programs through the affordable housing property tax revenue fund. For 2017 taxes to be collected in 2018, and in each subsequent, the city shall continue to maintain a separately itemized levy to fund affordable housing programs and, as provided in Section 20-26 (d), shall adjust the levy annually in coordination with the adjustment other city levies to the extent necessary to comply with the city property tax revenue limitation, 4) On page 21, strike lines 11-32 and on page 22 strike lines 1-6, eliminating Section 3 entirely from the bill, and renumber succeeding sections accordingly, which motion to amend carried by the following vote: Ordered published as amended Courtesy public hearing 9-19-16 Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) Page 22 A motion offered by Councilwoman Ortega, duly seconded by Councilman Herndon that Bill 625 be amended in the following particulars: 1) On page 5, line 28, strike the words “permanent funds”, On page 5, line 32, before the period add the words, “and the comprehensive affordable housing plan as provided in Sec. 27-164 (a).”, 3) On page 16, line 21, strike the words “permanent funds”, 4)On page 16, line 23, strike the words “permanent funds”, 5) On page 19, line 17, after the section numbers “27 -150” insert the following language “or any other source of city revenue dedicated for housing programs and services.”, 6)On page 20, line 23, insert the following paragraph/subsection language: (e) To conduct an independent study of the city’s overall affordable housing needs and then then to formulate and recommend for the approval of the city council by October 1, 2017 a comprehensive affordable housing plan that will govern all future expenditures by the city from all other sources of revenue to promote or preserve affordable housing. In the event a comprehensive affordable housing plan is not adopted by October 1, 2017, any further expenditures from the affordable housing permanent funds shall be suspended until the plan is adopted. The plan shall include, at a minimum, the following elements: (1) Identification of all sources of revenue for housing programs over and above revenues dedicated to the permanent funds, including but not limited to social impact bond revenue, CDBG funds, other city-administered federal funds, other city funding, grant funding, and tax increment funding through the Denver Urban Renewal Authority. (2)Establishment of measurable goals for each category of revenue, separately and in combination where applicable. (3) A requirement for an annual action plan within the overall comprehensive affordable housing plan to prioritize and allocate all housing revenues based on current conditions tied to specific targets, flexible to adjustment based upon predetermined periodic reviews and assessment, (4) Specific provisions for expenditures designed to mitigate the effects of gentrification and displacement of lower income households in neighborhoods with the most rapidly escalating housing costs. (5) A requirement for annual progress reports evaluating implementation of housing expenditures and compliance with the affordable housing plan by the office of economic development, with such reports to be delivered to the affordable housing advisory committee and the city council, (6) A requirement for independent review and updating of the comprehensive plan every three to five years, or at such other interval as may be recommended by the affordable housing advisory committee and agreed to by the city council, (7) A requirement that no affordable housing funds shall be expended except in furtherance of the goals set forth in the plan, which motion was withdrawn with the consent of the mover and the seconder, and was followed by a motion offered by Councilwoman Gilmore, duly seconded by Councilman Clark, that Bill 625 be ordered published as amended by the following vote: Ordered published with future courtesy public hearing Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) Page 23 16-0626 AS AMENDED a bill for an ordinance amending Chapter 27 of the Denver Revised Municipal Code concerning housing, establishing permanent funds to support city affordable housing programs, adopting an affordable housing linkage fee applicable to new construction to be effective October 1, 2017, and dedicating a portion of the city’s existing property tax revenue capacity to the funding of affordable housing programs beginning with 2017 property taxes to be collected in 2018. Approves creating a permanent fund for affordable housing programs, adopting an affordable housing linkage fee, and dedicating a portion of the city’s existing property tax revenue capacity to funding affordable housing programs. This bill was approved for filing by Councilmember Herndon. Amended 9-12-16 to change the composition of the Affordable Housing Advisory Committee. The change would remove one of the mayor’s appointments to the advisory committee from an “at large” appointment to a requirement that the appointment be a non-profit affordable housing developer; thus, resulting in two slots on the committee for non-profit developers in order to equal the number of for-profit housing developers on the committee. Sponsors: Herndon A motion offered by Councilwoman Gilmore, duly seconded by Councilman Herndon, that Bill 626 be ordered published, was followed by a motion offered by Councilwoman Ortega, duly seconded by Councilman Clark, that Bill 626 be amended in the following particulars: 1) On page 17, strike line 4 and substitute the following language: “(5) Non-profit affordable housing developer.”, which motion to amend, carried by the following vote: Amended Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) A motion offered that Bill 16-0626 be ordered published with future courtesy public hearing to the Safety, Housing, Education, & Homelessness Committee, due back on 9/19/2016. The motion carried by the following vote: Ordered published with future courtesy public hearing Aye: Black, Clark, Espinoza, Herndon, New, Ortega, Susman (7) Nay: Brooks, Flynn, Gilmore, Kashmann, Kniech (5) Absent: López (1) BILLS FOR FINAL CONSIDERATION Page 24 Business, Arts, Workforce, & Aeronautical Services Committee 16-0609 A bill for an ordinance approving a proposed Agreement between the City and County of Denver and FC Stapleton II, LLC relating to the land sale of a parcel of former Stapleton land located in Denver and known as Section 10 Arsenal Railroad Parcel. Approves a land sale agreement with FC Stapleton II, LLC for a parcel of former Stapleton land located in Denver and is known as Section 10 Arsenal Railroad Parcel that is approximately 515,956 square feet or 11.845 acres in size for $431,452.44, minus closing costs. The land is outside the Master Lease and Disposition Agreement and is a strip of land underlying the old Arsenal Railroad bounded on the south by East 56th Avenue and between Dallas Street and Havana Street in Council District 8. The last regularly scheduled Council meeting within the 30-day review period is 9-19-16. The Committee approved filing this resolution by consent on 8-18-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Herndon, that Bill 16-0609 be placed upon final consideration and do pass en bloc, carried by the following vote: Placed upon final consideration and do pass Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) Finance & Governance Committee 16-0605 A bill for an ordinance amending the classification and pay plan for employees in the Career Service and for certain employees not in the Career Service. Amends the Classification and Pay Plan to conform with the Fair Labor Standards Act’s exemption salary threshold and abolishes certain classes and pay grades. The Committee approved filing this resolution by consent on 8-18-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Herndon, that Bill 16-0605 be placed upon final consideration and do pass en bloc, carried by the following vote: Placed upon final consideration and do pass Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) Page 25 16-0606 A bill for an ordinance amending the classification and pay plan for employees in the Career Service and for certain employees not in the Career Service. Adds Semi-Tractor Trailer Operator at pay grade 616-J to the Classification and Pay Plan. The Committee approved filing this resolution by consent on 8-18-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Herndon, that Bill 16-0606 be placed upon final consideration and do pass en bloc, carried by the following vote: Placed upon final consideration and do pass Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) RECAP OF BILLS TO BE CALLED OUT PRE-RECESS ANNOUNCEMENT RECESS Meeting went into Recess Meeting Reconvened COUNCIL RECONVENES AND RESUMES ITS REGULAR SESSION PUBLIC HEARINGS - BILLS FOR FINAL CONSIDERATION 16-0585 A bill for an ordinance approving a Service Plan for the creation of Denver Connection West Metropolitan District. Approves the service plan for the Denver Connection West metropolitan district in Council District 11. The Committee approved filing this bill at its meeting on 8-9-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilwoman Susman, that Bill 16-0585 be placed upon final consideration and do pass. The motion carried by the following vote: Placed upon final consideration and do pass Council sat as a Committee of the Whole commencing at 9:45 p.m., Council President Brooks presiding, to hear speakers on Council Bill 585. Rob Johnson and Maryann McGeady signed up to speak in favor of the bill. No speakers signed up to speak in opposition of the bill. John Karner of Finance delivered the Staff Report. Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) Page 26 16-0430 A bill for an ordinance changing the zoning classification for Geneva Court and Martin Luther King Jr. Boulevard. Rezones property at Geneva Court and Martin Luther King Boulevard from R-MU-20 (Former Code: residential, mixed use) with waivers to M-MX-5 (master planned, commercial mixed use, 5 stories) in Council District 8. The Committee approved filing this bill at its meeting on 8-3-16. Final Consideration Required Public Hearing A motion offered by Councilwoman Gilmore, duly seconded by Councilwoman Susman, that Bill 16-0430 be placed upon final consideration and do pass, was followed by a motion that final consideration of Bill 16-0430 be postponed to Monday, October 3, 2016, which motion to postpone carried by the following vote: Postponed to a date certain Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) 16-0509 A bill for an ordinance changing the zoning classification for 3705 Shoshone St. & 1945 W. 37th Ave. Rezones property at 3705 Shoshone Street &1945 West 37th Avenue from PUD #181 to U-TU-B, DO-4 (urban, two unit, 4500 sq. ft. minimum lot size, Design Overlay-Side Interior Setback) in Council District 1. The Committee approved filing this bill at its meeting on 8-3-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilwoman Susman, that Bill 16-0509 be placed upon final consideration and do pass. The motion carried by the following vote: Placed upon final consideration and do pass Council sat as a Committee of the Whole commencing at 9:57 p.m., Council President Brooks presiding, to hear speakers on Council Bill 509. Zach Sloven signed up to speak in favor of the bill. No speakers signed up to speak in opposition of the bill. Courtland Hyser of Community Planning and Development delivered the Staff Report. Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, New, Ortega, Susman (12) Nay: (None) (0) Absent: López (1) Page 27 16-0563 A bill for an ordinance changing the zoning classification for 2541-2731 W. Holden Pl., 2602-2660 W. Holden Pl., 2516-2610 W. 13th Ave., 2646-2746 W. 13th Ave., 1260-1280 N. Decatur St. and 2775 W. 13th Ave. Rezones properties at 2541-2731 West Holden Place; 2516-2746, 2775 West 13th Avenue; and 1260-1280 North Decatur Street from I-MX-5, UO-2, I-A, UO-2 (industrial and light industrial, mixed use, 5 stories, use overlay allowing billboards) and C-MU-30 with waivers and conditions, UO-1 (urban center, multi-unit, 30 stories, use overlay allowing adult businesses) to C-MX-8, UO-1 (urban center, mixed use, 8 stories, use overlay allowing adult businesses) in Council District 3. The Committee approved filing this bill at its meeting on 8-3-16. A motion offered by Councilwoman Gilmore, duly seconded by Councilman Herndon, that Bill 16-0563 be placed upon final consideration and do pass. The motion carried by the following vote: Placed upon final consideration and do pass Council sat as a Committee of the Whole commencing at 10:09 p.m., Council President Brooks presiding, to hear speakers on Council Bill 563. Phil Kaspar, Reed Silberman, and Jeanne Granville signed up to speak in favor of the bill. Kathleen Kronan, Guya Summers, and Carol Maclennan signed up to speak in opposition of the bill. Curt Upton of Community Planning and Development delivered the Staff Report. Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon, Kashmann, Kniech, López, New, Ortega (12) Nay: (None) (0) Absent: Susman (1) PRE-ADJOURNMENT ANNOUNCEMENT ADJOURN There being no further business before the City Council, Council President Brooks adjourned the meeting at 11:48 p.m. President Attested by me with the Corporate Seal of the City and County of Denver Clerk and Recorder, Ex-Officio Clerk of the City and County of Denver Page 28