City Council
Regular MeetingDenver, CO · January 9, 2017
Minutes
City Council Minutes
Meeting Date: Monday, January 9, 2017 5:30 PM
PLEDGE OF ALLEGIANCE
Council member Flynn led the Pledge of Allegiance.
ROLL CALL
Present: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon,
Kashmann, Kniech, López, New, Susman (12)
Absent: Ortega (1)
APPROVAL OF THE MINUTES
The minutes of meeting date, Monday, January 3, 2017, were distributed to Council.
Council President Brooks ordered the minutes approved.
17-0021 Minutes of Tuesday, January 3, 2017
The minutes of Monday, January 3, 2017 were approved.
Approved
COUNCIL ANNOUNCEMENTS
Council members López, Espinoza, Herndon, Kniech, and Brooks offered
announcements.
PRESENTATIONS
COMMUNICATIONS
17-0026 A letter dated January 5, 2017 from Brendan J. Hanlon, Manager of
Finance, notifying City Council of the Department of Finance’s intent to refund a
certificates of participation lease purchase transaction in a par amount not to exceed
$17.6 million to provide interest cost savings.
This Communication 17-0026 was filed.
Filed
PROCLAMATIONS
RESOLUTIONS
Business, Arts, Workforce & Aeronautical Services Committee
Block Vote
A motion offered by Councilman Flynn, duly seconded by Councilman Clark, 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, López, New, Susman (12)
Nay: (None) (0)
Absent: Ortega (1)
Page 1
16-1332 A resolution approving the Mayor’s reappointments to the Denver
Convention Center Hotel Authority Board.
Approves the Mayoral reappointments of Scott Wylie and Diane Barrett to the
Denver Convention Center Hotel Authority Board for terms effective 1-1-17 and
expiring 12-31-19, or until a successor is duly appointed. The Committee approved
filing this resolution by consent on 12-28-16.
A motion offered by Councilman Flynn, duly seconded by Councilman Clark, that
Resolution 16-1332 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon,
Kashmann, Kniech, López, New, Susman (12)
Nay: (None) (0)
Absent: Ortega (1)
Finance & Governance Committee
16-1270 A resolution approving a proposed Master Purchase Order between the City
and County of Denver and nTherm, LLC for the purchase of natural gas for the
heating of City facilities.
Approves a one-year $20 million citywide master purchase order with nTherm, LLC
through 12-31-17 for natural gas to heat City facilities including Denver International
Airport, Denver Health, Wastewater Management, and buildings citywide
(0366A0116). The last regularly scheduled Council meeting within the 30-day
review period is on 1-30-17. The Committee approved filing this resolution by
consent on 12-20-16.
A motion offered by Councilman Flynn, duly seconded by Councilman Clark, that
Resolution 16-1270 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon,
Kashmann, Kniech, López, New, Susman (12)
Nay: (None) (0)
Absent: Ortega (1)
16-1321 A resolution to set a public hearing relating to approval of amendments to
the St. Anthony Urban Redevelopment Plan for the Sloans Block 9 Project and
directing the Denver Urban Renewal Authority to take certain actions in connection
with the amendments.
Sets a public hearing on 2-13-17 before City Council relating to approval of an
amendment to the St. Anthony Urban Redevelopment Plan for the Sloans Block 9
Project in Council District 1. The Committee approved filing this resolution by
consent on 12-20-16.
Final Consideration
Required Public Hearing
A motion offered by Councilman Flynn, duly seconded by Councilman Clark, that
Resolution 16-1321 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon,
Kashmann, Kniech, López, New, Susman (12)
Nay: (None) (0)
Page 2
Absent: Ortega (1)
16-1322 A resolution to set a public hearing relating to approval of amendments to
the St. Anthony Urban Redevelopment Plan for the Sloans Block 3 Project and
directing the Denver Urban Renewal Authority to take certain actions in connection
with the amendments.
Sets a public hearing on 2-13-17 before City Council relating to approval of an
amendment to the St. Anthony Urban Redevelopment Plan for the Sloans Block 3
Project in Council District 1. The Committee approved filing this resolution by
consent on 12-20-16.
Final Consideration
Required Public Hearing
A motion offered by Councilman Flynn, duly seconded by Councilman Clark, that
Resolution 16-1322 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon,
Kashmann, Kniech, López, New, Susman (12)
Nay: (None) (0)
Absent: Ortega (1)
16-1328 A resolution approving a proposed Agreement by and between the City and
County of Denver and Clear Selections Group, Inc., d/b/a Liberty Waste
Management for rental of portable toilets used throughout the City by various
agencies.
Approves a $4.5 million contract with Clear Selections Group, Inc., (Liberty Waste
Management) through 12-31-18 for the rental of portable toilets by City agencies
(GENRL-201631628-00). The last regularly scheduled Council meeting within the
30-day review period is on 1-30-17. The Committee approved filing this resolution
by consent on 12-27-16.
A motion offered by Councilman Flynn, duly seconded by Councilman Clark, that
Resolution 16-1328 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon,
Kashmann, Kniech, López, New, Susman (12)
Nay: (None) (0)
Absent: Ortega (1)
Page 3
16-1333 A resolution approving a proposed Master Purchase Order between the City
and County of Denver and ISC, Inc., dba Venture Technologies to provide CISCO
Networking equipment and supplies for Denver Citywide.
Approves a five-year, up-to $25 million master purchase order with Venture
Technologies through 10-20-21 for citywide CISCO Networking equipment and
supplies (0643A0116). (This is a companion ordinance to 16-1335 in the sense that
the agency budget for these services is a total of $25 million over the period, but
each vendor could be awarded none, a portion, or all of the $25 million, depending
on their competitive advantage to the city at the time services are needed.) The
last regularly scheduled Council meeting within the 30-day review period is on
1-30-17. The Committee approved filing this resolution by consent on 12-27-17.
A motion offered by Councilman Flynn, duly seconded by Councilman Clark, that
Resolution 16-1333 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon,
Kashmann, Kniech, López, New, Susman (12)
Nay: (None) (0)
Absent: Ortega (1)
16-1335 A resolution approving a proposed Master Purchase Order between the City
and County of Denver and Advanced Network Management, Inc., to provide CISCO
Networking equipment and supplies for Denver Citywide.
Approves a five-year up-to $25 million master purchase order with Advanced
Network Management, Inc., through 10-20-21 for citywide CISCO Networking
equipment and supplies (0643A0216). (This is a companion ordinance to 16-1333 in
the sense that the agency budget for these services totals $25 million over the
period, but each vendor could be awarded none, a portion, or all of the $25 million
depending on their competitive advantage to the city at the time services are
needed.) The last regularly scheduled Council meeting within the 30-day review
period is on 1-30-17. The Committee approved filing this resolution by consent on
12-27-17.
A motion offered by Councilman Flynn, duly seconded by Councilman Clark, that
Resolution 16-1335 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon,
Kashmann, Kniech, López, New, Susman (12)
Nay: (None) (0)
Absent: Ortega (1)
Page 4
17-0010 A resolution to set a public hearing on the approval of the First
Amendments to the Service Plans for the DUS Metropolitan District No. 1, DUS
Metropolitan District No. 2, DUS Metropolitan District No. 3, DUS Metropolitan
District No. 4 and DUS Metropolitan District No. 5.
Sets a public hearing on 1-30-17 before Council on the first amendments to the
service plans for the Denver Union Station Metropolitan Districts No. 1, 2, 3, 4, and
5 in Council District 9. The Committee approved filing this resolution by consent on
1-3-17.
Final Consideration
Required Public Hearing
A motion offered by Councilman Flynn, duly seconded by Councilman Clark, that
Resolution 17-0010 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon,
Kashmann, Kniech, López, New, Susman (12)
Nay: (None) (0)
Absent: Ortega (1)
Land Use, Transportation & Infrastructure Committee
16-1273 A resolution laying out, opening and establishing as part of the City street
system a parcel of land as York Street near the intersection of East 40th Avenue and
York Street.
Dedicates a parcel of land as public right-of-way located at the intersection of East
40th Avenue and York Street in Council District 9. The Committee approved filing
this resolution by consent on 12-13-16.
A motion offered by Councilman Flynn, duly seconded by Councilman Clark, that
Resolution 16-1273 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon,
Kashmann, Kniech, López, New, Susman (12)
Nay: (None) (0)
Absent: Ortega (1)
16-1290 A resolution laying out, opening and establishing as part of the City street
system parcels of land as Brighton Boulevard between 34th Street and 36th Street.
Dedicates a parcel of land as public right-of-way located at Brighton Boulevard
between 34th Street and 36th Street in Council District 9. The Committee approved
filing this resolution by consent on 12-13-16.
A motion offered by Councilman Flynn, duly seconded by Councilman Clark, that
Resolution 16-1290 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon,
Kashmann, Kniech, López, New, Susman (12)
Nay: (None) (0)
Absent: Ortega (1)
Page 5
16-1336 A resolution approving an Access & Use Permit Agreement between the City
and County of Denver and Public Service Company of Colorado for the purpose of
installing and maintaining a gas line.
Approves a non-financial access and use permit agreement with Xcel Energy to
install and maintain a gas line to remain in effect for the life of the line in the Sand
Creek Open Space in Council District 8 (PARKS-201632030-00). The last regularly
scheduled Council meeting within the 30-day review period is on 1-30-17. The
Committee approved filing this resolution by consent on 12-27-16.
A motion offered by Councilman Flynn, duly seconded by Councilman Clark, that
Resolution 16-1336 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon,
Kashmann, Kniech, López, New, Susman (12)
Nay: (None) (0)
Absent: Ortega (1)
Page 6
Safety, Housing, Education & Homelessness Committee
16-1240 A resolution approving a proposed Amendatory Agreement between the
City and County of Denver and Ferkam Inc. d/b/a Extreme Towing & Recovery for
comprehensive towing services.
Amends a contract with Ferkam, Inc., doing business as Extreme Towing &
Recovery, by adding $5.9 million for a total contract in the amount of $6 million for
comprehensive towing services for the Denver Police Department, Denver Sheriff
Department, and Denver Right-of-Way Enforcement. There is no change to the
contract duration (201627602-01). The last regularly scheduled Council meeting
within the 30-day review period is on 1-17-17. The Committee approved filing this
resolution by consent on 12-7-16. Pursuant to Council Rule 3.7, Councilman Flynn
called out this resolution on the Tuesday, January 3, 2017 Council meeting for a
one-week postponement to Monday, January 9, 2017.
A motion offered by Councilman Flynn, duly seconded by Councilman Clark, that
Resolution 16-1240 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon,
Kashmann, Kniech, López, New, Susman (12)
Nay: (None) (0)
Absent: Ortega (1)
16-1329 A resolution approving the Mayor’s appointment to the Board of
Environmental Health.
Approves the Mayoral appointment of James G. Garcia to the Board of
Environmental Health for a term effective 1-1-17 and expiring 12-31-22, or until a
successor is duly appointed. The Committee approved filing this resolution by
consent on 12-28-16.
A motion offered by Councilman Flynn, duly seconded by Councilman Clark, that
Resolution 16-1329 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon,
Kashmann, Kniech, López, New, Susman (12)
Nay: (None) (0)
Absent: Ortega (1)
Page 7
BILLS FOR INTRODUCTION
Finance & Governance Committee
16-1342 A bill for an ordinance concerning the Denver Union Station Project and in
connection therewith authorizing a loan agreement among the City, Compass Bank,
Compass Mortgage Corporation and U.S. Bank National Association to be repaid
from a portion of the property and sales tax incremental revenues received by the
City pursuant to the Denver Downtown Development Authority Plan of Development
for Denver Union Station and other revenues received from certain metropolitan
districts for the purpose of refinancing a portion of the outstanding debt of Denver
Union Station Project Authority; authorizing the execution of certain agreements and
providing other details in connection therewith; ratifying action previously taken
relating thereto; providing other matters relating thereto; and providing the
effective date thereof.
Approves a loan agreement with Compass Bank, Compass Mortgage Corporation,
and U.S. Bank National Association for the refinancing of a portion of the outstanding
debt of the Denver Union Station Project in Council District 9. The Committee
approved filing this bill at its meeting on 1-3-17.
This Bill 16-1342 was ordered published on first reading.
Ordered published on first reading
Land Use, Transportation & Infrastructure Committee
16-1274 A bill for an ordinance vacating a portion of right-of-way near 1750 15th
Street, with reservations.
Vacates a portion of the public right-of-way on the southeasterly corner of Wewatta
Street at 15th Street, with reservations, at 1750 15th Street in Council District 9.
The Committee approved filing this bill by consent on 12-13-16.
This Bill 16-1274 was ordered published on first reading.
Ordered published on first reading
16-1309 A bill for an ordinance changing the zoning classification for 3087 S.
Sheridan Boulevard.
Rezones property located at 3087 South Sheridan Boulevard from Former Chapter
59 B-2 with Waivers to S-CC-3x (from the former Chapter 59 business zoning code
to suburban commercial corridor) in Council District 2. The Committee approved
filing this bill at its meeting on 12-20-16.
Final Consideration
Required Public Hearing
This Bill 16-1309 was ordered published on first reading.
Ordered published on first reading
Page 8
16-1330 A bill for an ordinance relinquishing an easement reserved by Ordinance No.
35, Series of 1933, located near the intersection of Marion Street and Park Avenue.
Relinquishes certain easements established in the Vacating Ordinance No. 35, Series
of 1933, located at Marion Street and Park Avenue in Council District 9. The last
regularly scheduled Council meeting within the 30-day review period is on 1-30-17.
The Committee approved filing this bill by consent on 12-27-16.
This Bill 16-1330 was ordered published on first reading.
Ordered published on first reading
16-1331 A bill for an ordinance relinquishing an easement established by the New
Avondale Subdivision Plat located near West Colfax Avenue and Federal Boulevard.
Relinquishes certain easements established on the New Avondale Subdivision Plat
recorded in 1963 located at West Colfax Avenue and Federal Boulevard in Council
District 3. The last regularly scheduled Council meeting within the 30-day review
period is on 1-30-17. The Committee approved filing this bill by consent on
12-27-16.
This Bill 16-1331 was ordered published on first reading.
Ordered published on first reading
BILLS FOR FINAL CONSIDERATION
Finance & Governance Committee
Page 9
16-0919 AS AMENDED, a bill for an ordinance amending Article V of Chapter 2 of the
Revised Municipal Code pertaining to financial disclosure.
Revises the Denver Revised Municipal Code regarding financial disclosure including
eliminating the requirement that candidates for municipal office make financial
disclosures, modifying the definition of “gift”, “immediate family” and “officer”,
modifying the date for submitting the annual financial disclosure statement for city
officers, requiring semi-annual gift disclosure reports by officers and annual gift
disclosure reports by employees, modifying reportable gifts and increasing the
reporting threshold from $25 to $50; making the financial and gift reports of officers
publicly available online and the gift reports of employees publicly available on
request, and modifying the remedies for violations of the ordinance. The Committee
approved filing this bill at its meeting on 11-29-16. Amended 1-3-17 to remove the
minimum $50 threshold for reporting gifts in the covered categories, resulting in the
reporting of all gifts received in the designated categories, regardless of value. The
amendment also clarifies that the new rules for gift reporting will not apply to gifts
already received in 2016, but which will be reported in 2017. Rather, the new rules
will take effect upon passage, in 2017, and will be applicable for all gifts received
from that time on, but not retroactively to prior years that have already concluded.
The first time gifts will be reported under the new rules in the reports due in July of
2017 (for officers) and January of 2018 (for employees). Amended 1-9-17 to correct
an error pertaining to the effective date of the new reporting requirements. The
intent was for the semi-annual gift reporting requirements to begin in July 2017,
which will be the first reporting gift period to which the new reporting rules apply.
The amendment reflects the semi-annual nature of the proposed financial disclosure
statements.
A motion offered by Councilwoman Kniech, duly seconded by Councilman Kashmann,
that Bill 16-0919 be amended. The motion carried by the following vote:
Amended
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon,
Kashmann, Kniech, López, New, Susman (12)
Nay: (None) (0)
Absent: Ortega (1)
A motion offered by Councilman Flynn, duly seconded by Councilwoman Black, that
16-0919 be placed upon final consideration and do pass as amended. The motion
carried by the following vote:
Placed upon final consideration and do pass as amended
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon,
Kashmann, Kniech, López, New, Susman (12)
Nay: (None) (0)
Absent: Ortega (1)
Page 10
16-1170 A bill for an ordinance amending section 53-545 of Chapter 53, Article XVI,
“Business Personal Property Tax Credits for New or Expanded Businesses,” of the
Revised Municipal Code.
Amends Section 53-545 of the Denver Revised Municipal Code regarding the
Business Investment Program to extend it for an additional five years through 2021.
The Committee approved filing this bill at its meeting on 12-13-16.
A motion offered by Councilman Flynn, duly seconded by Councilman Clark, that Bill
16-1170 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, López, New, Susman (12)
Nay: (None) (0)
Absent: Ortega (1)
16-1265 A bill for an ordinance designating certain properties as being required for
public use and authorizing use and acquisition thereof by negotiation, purchase
and/or through condemnation proceedings of fee simple, easements and other
interests, including any rights and interest related or appurtenant to such properties
so designated, as needed for the traffic and pedestrian safety improvement project
at various intersections, including Evans and Alameda Avenues.
Authorizes Public Works to negotiate, purchase, or condemn property for seven
permanent easements to install traffic lights and ADA ramps and three temporary
construction easements at various intersections including Evans and Alameda
avenues in Council Districts 6 and 4. The Committee approved filing this bill by
consent on 12-13-16.
A motion offered by Councilman Flynn, duly seconded by Councilman Clark, that Bill
16-1265 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, López, New, Susman (12)
Nay: (None) (0)
Absent: Ortega (1)
Page 11
Land Use, Transportation & Infrastructure Committee
16-1315 A bill for an ordinance vacating a portion of right-of-way at the intersection
of Blake Street and Downing Street, with reservations.
Vacates a portion of the right-of-way on the Northeast corner of the Blake Street
and Downing Street intersection, with reservations, in Council District 9. The
Committee approved filing this bill by consent on 12-20-16.
A motion offered by Councilman Flynn, duly seconded by Councilman Clark, that Bill
16-1315 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, López, New, Susman (12)
Nay: (None) (0)
Absent: Ortega (1)
16-1316 A bill for an ordinance relinquishing the easement established in the
Permanent Easement, recorded with the Denver Clerk & Recorder at Reception No.
2016139219 located at First Creek Village Filing No. 1.
Relinquishes certain easements established in the Permanent Easement with
recordation No. 2016139219 for project First Creek Village No. 1, near 56th Ave and
Tower Road in Council District 11. The last regularly scheduled Council meeting
within the 30-day review period is on 1-23-17. The Committee approved filing this
bill by consent on 12-20-16.
A motion offered by Councilman Flynn, duly seconded by Councilman Clark, that Bill
16-1316 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, López, New, Susman (12)
Nay: (None) (0)
Absent: Ortega (1)
16-1320 A bill for an ordinance vacating the alley bounded by 26th Street, 27th
Street, Walnut Street and Larimer Street, with reservations.
Vacates the alley bounded by 26th Street and 27th Street, and Walnut Street and
Larimer Street, with reservations in Council District 9. The Committee approved
filing this bill by consent on 12-20-16.
A motion offered by Councilman Flynn, duly seconded by Councilman Clark, that Bill
16-1320 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, López, New, Susman (12)
Nay: (None) (0)
Absent: Ortega (1)
RECAP OF BILLS TO BE CALLED OUT
Page 12
PRE-RECESS ANNOUNCEMENT
Council President Brooks announced that tonight there will be a
required public hearing on 16-1071, concerning property taxes
dedicated for the purpose of purchasing services for persons with
intellectual and developmental disabilities; and, a required public
hearing on 16-1125, changing the zoning classification for 1154,
1156, 1160, 1164, and 1166 South Lincoln. Anyone wishing to
speak on either of these matters must see the Council Secretary to
receive a speaker card to fill out and return to her during the recess
of Council. Council was also scheduled to hold a required public
hearing on 16-1166, changing the zoning classification of 1601 West
Jewell Avenue. However, it is Council’s intent to postpone final
consideration with its public hearing to Monday, February 6, 2017.
If you are here this evening to speak on this matter, we apologize
for any inconvenience and ask that you return on Monday, February
6, 2017.
RECESS
COUNCIL RECONVENES AND RESUMES ITS REGULAR SESSION
PUBLIC HEARINGS - BILLS FOR FINAL CONSIDERATION
Safety & Well-being
16-1071 A bill for an ordinance adopting a new Article XVII of Chapter 53, D.R.M.C.
concerning property taxes dedicated for the purpose of purchasing services for
persons with intellectual and developmental disabilities.
Amends the 2003 initiated ordinance that increased the “Developmentally Disabled
Fund” by 1.000 mill to the dedicated property taxes to add Section 53-550 to allow
for purchasing services for use of the revenues for persons with intellectual and
developmental disabilities. The Committee approved filing this bill at its meeting on
12-14-16.
A motion offered by Councilman Flynn, duly seconded by Councilman Herndon, that
Bill 16-1071 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 6:15 p.m., Council President
Brooks presiding, to hear speakers on Council Bill 16-1071. Scott Moore signed up to
speak in favor of the bill. No speakers signed up to speak in opposition of the bill. Jay
Morein of the Department of Human Services of Community Planning and Development
delivered the Staff Report.
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon,
Kashmann, Kniech, López, New, Susman (12)
Nay: (None) (0)
Absent: Ortega (1)
Page 13
Land Use, Transportation & Infrastructure Committee
16-1125 A bill for an ordinance changing the zoning classification for 1154, 1156,
1160, 1164, and 1166 South Lincoln Street.
Rezones property located at 1154, 1156, 1160, 1164, and 1166 South Lincoln from
R-MU-20 to U-RH-2.5 (residential mixed-use to urban row house) with waivers, in
Council District 7. The Committee approved filing this bill at its meeting on
11-29-16.
A motion offered by Councilman Flynn, duly seconded by Councilman Herndon, that
Bill 16-1125 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 6:53 p.m., Council President
Brooks presiding, to hear speakers on Council Bill 16-1125. Scott Moore signed up to
speak in favor of the bill. No speakers signed up to speak in opposition of the bill. Ryan
Winterberg-Lipp of Community Planning and Development delivered the Staff Report.
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon,
Kashmann, Kniech, López, New, Susman (12)
Nay: (None) (0)
Absent: Ortega (1)
16-1166 A bill for an ordinance changing the zoning classification of 1601 W. Jewell
Avenue.
Rezones property located at 1601 West Jewell Avenue from E-SU-Dx to PUD G-14
(office and telecommunications tower to planned development) in Council District 7.
The Committee approved filing this bill at its meeting on 11-29-16.
Final Consideration
Required Public Hearing
This Bill 16-1166 was placed upon final consideration and do pass.
Placed upon final consideration and do pass
A motion offered by Councilwoman Susman, duly seconded by Councilman Flynn,
that Bill 16-1166 be postponed to Monday, February 6, 2017. The motion carried by
the following vote:
Postponed to a date certain
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Herndon,
Kashmann, Kniech, López, New, Susman (12)
Nay: (None) (0)
Absent: Ortega (1)
PRE-ADJOURNMENT ANNOUNCEMENT
Council President Brooks announced that on Monday, February 6,
2017, Council will hold a required public hearing on 16-1309,
changing the zoning classification for 3087 South Sheridan
Boulevard. Any protests against 16-1309 must be filed with the
Council Offices no later than noon on Monday, January 30, 2017.
Page 14
ADJOURN
There being no further business before the City Council, Council President Brooks
adjourned the meeting at 7:12 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 15
Agenda
City Council Meeting of Monday, January 9, 2017
City and County of Denver
Robin Kniech.......................At Large Jolon Clark........................ District 7
Deborah “Debbie” Ortega..... At Large Christopher Herndon........... District 8
Rafael G. Espinoza.............. District 1 Albus Brooks...................... District 9
Kevin Flynn....................... District 2 Wayne New....................... District 10
Paul D. López......................District 3 Stacie Gilmore................... District 11
Kendra Black..................... District 4 Janna B. Young.................. Director
Mary Beth Susman...............District 5 Kelly Velez......................... Clerk
Paul Kashmann................... District 6
Room 451
City & County Building
1437 Bannock Street
Denver CO 80202
Phone: 720-337-2000
Email: dencc@denvergov.org
City Council Agenda Monday, January 9, 2017
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF THE MINUTES
17-0021 Minutes of Tuesday, January 3, 2017
COUNCIL ANNOUNCEMENTS
PRESENTATIONS
COMMUNICATIONS
17-0026 A letter dated January 5, 2017 from Brendan J. Hanlon, Manager of
Finance, notifying City Council of the Department of Finance’s intent to refund a
certificates of participation lease purchase transaction in a par amount not to
exceed $17.6 million to provide interest cost savings.
PROCLAMATIONS
RESOLUTIONS
Business, Arts, Workforce & Aeronautical Services Committee
16-1332 A resolution approving the Mayor’s reappointments to the Denver
Convention Center Hotel Authority Board.
Approves the Mayoral reappointments of Scott Wylie and Diane Barrett to the
Denver Convention Center Hotel Authority Board for terms effective 1-1-17 and
expiring 12-31-19, or until a successor is duly appointed. The Committee approved
filing this resolution by consent on 12-28-16.
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City Council Agenda Monday, January 9, 2017
Finance & Governance Committee
16-1270 A resolution approving a proposed Master Purchase Order
between the City and County of Denver and nTherm, LLC for the purchase
of natural gas for the heating of City facilities.
Approves a one-year $20 million citywide master purchase order with nTherm, LLC
through 12-31-17 for natural gas to heat City facilities including Denver
International Airport, Denver Health, Wastewater Management, and buildings
citywide (0366A0116). The last regularly scheduled Council meeting within the
30-day review period is on 1-30-17. The Committee approved filing this resolution
by consent on 12-20-16.
16-1321 A resolution to set a public hearing relating to approval of
amendments to the St. Anthony Urban Redevelopment Plan for the Sloans
Block 9 Project and directing the Denver Urban Renewal Authority to take
certain actions in connection with the amendments.
Sets a public hearing on 2-13-17 before City Council relating to approval of an
amendment to the St. Anthony Urban Redevelopment Plan for the Sloans Block 9
Project in Council District 1. The Committee approved filing this resolution by
consent on 12-20-16.
16-1322 A resolution to set a public hearing relating to approval of
amendments to the St. Anthony Urban Redevelopment Plan for the Sloans
Block 3 Project and directing the Denver Urban Renewal Authority to take
certain actions in connection with the amendments.
Sets a public hearing on 2-13-17 before City Council relating to approval of an
amendment to the St. Anthony Urban Redevelopment Plan for the Sloans Block 3
Project in Council District 1. The Committee approved filing this resolution by
consent on 12-20-16.
16-1328 A resolution approving a proposed Agreement by and between the
City and County of Denver and Clear Selections Group, Inc., d/b/a Liberty
Waste Management for rental of portable toilets used throughout the City
by various agencies.
Approves a $4.5 million contract with Clear Selections Group, Inc., (Liberty Waste
Management) through 12-31-18 for the rental of portable toilets by City agencies
(GENRL-201631628-00). The last regularly scheduled Council meeting within the
30-day review period is on 1-30-17. The Committee approved filing this resolution
by consent on 12-27-16.
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City Council Agenda Monday, January 9, 2017
16-1333 A resolution approving a proposed Master Purchase Order
between the City and County of Denver and ISC, Inc., dba Venture
Technologies to provide CISCO Networking equipment and supplies for
Denver Citywide.
Approves a five-year, up-to $25 million master purchase order with Venture
Technologies through 10-20-21 for citywide CISCO Networking equipment and
supplies (0643A0116). (This is a companion ordinance to 16-1335 in the sense
that the agency budget for these services is a total of $25 million over the period,
but each vendor could be awarded none, a portion, or all of the $25 million,
depending on their competitive advantage to the city at the time services are
needed.) The last regularly scheduled Council meeting within the 30-day review
period is on 1-30-17. The Committee approved filing this resolution by consent on
12-27-17.
16-1335 A resolution approving a proposed Master Purchase Order
between the City and County of Denver and Advanced Network
Management, Inc., to provide CISCO Networking equipment and supplies
for Denver Citywide.
Approves a five-year up-to $25 million master purchase order with Advanced
Network Management, Inc., through 10-20-21 for citywide CISCO Networking
equipment and supplies (0643A0216). (This is a companion ordinance to 16-1333
in the sense that the agency budget for these services totals $25 million over the
period, but each vendor could be awarded none, a portion, or all of the $25 million
depending on their competitive advantage to the city at the time services are
needed.) The last regularly scheduled Council meeting within the 30-day review
period is on 1-30-17. The Committee approved filing this resolution by consent on
12-27-17.
17-0010 A resolution to set a public hearing on the approval of the First
Amendments to the Service Plans for the DUS Metropolitan District No. 1,
DUS Metropolitan District No. 2, DUS Metropolitan District No. 3, DUS
Metropolitan District No. 4 and DUS Metropolitan District No. 5.
Sets a public hearing on 1-30-17 before Council on the first amendments to the
service plans for the Denver Union Station Metropolitan Districts No. 1, 2, 3, 4, and
5 in Council District 9. The Committee approved filing this resolution by consent on
1-3-17.
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City Council Agenda Monday, January 9, 2017
Land Use, Transportation & Infrastructure Committee
16-1273 A resolution laying out, opening and establishing as part of the
City street system a parcel of land as York Street near the intersection of
East 40th Avenue and York Street.
Dedicates a parcel of land as public right-of-way located at the intersection of East
40th Avenue and York Street in Council District 9. The Committee approved filing
this resolution by consent on 12-13-16.
16-1290 A resolution laying out, opening and establishing as part of the
City street system parcels of land as Brighton Boulevard between 34th
Street and 36th Street.
Dedicates a parcel of land as public right-of-way located at Brighton Boulevard
between 34th Street and 36th Street in Council District 9. The Committee approved
filing this resolution by consent on 12-13-16.
16-1336 A resolution approving an Access & Use Permit Agreement
between the City and County of Denver and Public Service Company of
Colorado for the purpose of installing and maintaining a gas line.
Approves a non-financial access and use permit agreement with Xcel Energy to
install and maintain a gas line to remain in effect for the life of the line in the Sand
Creek Open Space in Council District 8 (PARKS-201632030-00). The last regularly
scheduled Council meeting within the 30-day review period is on 1-30-17. The
Committee approved filing this resolution by consent on 12-27-16.
Safety, Housing, Education & Homelessness Committee
16-1240 A resolution approving a proposed Amendatory Agreement
between the City and County of Denver and Ferkam Inc. d/b/a Extreme
Towing & Recovery for comprehensive towing services.
Amends a contract with Ferkam, Inc., doing business as Extreme Towing &
Recovery, by adding $5.9 million for a total contract in the amount of $6 million for
comprehensive towing services for the Denver Police Department, Denver Sheriff
Department, and Denver Right-of-Way Enforcement. There is no change to the
contract duration (201627602-01). The last regularly scheduled Council meeting
within the 30-day review period is on 1-17-17. The Committee approved filing this
resolution by consent on 12-7-16. Pursuant to Council Rule 3.7, Councilman Flynn
called out this resolution on the Tuesday, January 3, 2017 Council meeting for a
one-week postponement to Monday, January 9, 2017.
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City Council Agenda Monday, January 9, 2017
16-1329 A resolution approving the Mayor’s appointment to the Board of
Environmental Health.
Approves the Mayoral appointment of James G. Garcia to the Board of
Environmental Health for a term effective 1-1-17 and expiring 12-31-22, or until a
successor is duly appointed. The Committee approved filing this resolution by
consent on 12-28-16.
BILLS FOR INTRODUCTION
Finance & Governance Committee
16-1342 A bill for an ordinance concerning the Denver Union Station
Project and in connection therewith authorizing a loan agreement among
the City, Compass Bank, Compass Mortgage Corporation and U.S. Bank
National Association to be repaid from a portion of the property and sales
tax incremental revenues received by the City pursuant to the Denver
Downtown Development Authority Plan of Development for Denver Union
Station and other revenues received from certain metropolitan districts for
the purpose of refinancing a portion of the outstanding debt of Denver
Union Station Project Authority; authorizing the execution of certain
agreements and providing other details in connection therewith; ratifying
action previously taken relating thereto; providing other matters relating
thereto; and providing the effective date thereof.
Approves a loan agreement with Compass Bank, Compass Mortgage Corporation,
and U.S. Bank National Association for the refinancing of a portion of the
outstanding debt of the Denver Union Station Project in Council District 9. The
Committee approved filing this bill at its meeting on 1-3-17.
Land Use, Transportation & Infrastructure Committee
16-1274 A bill for an ordinance vacating a portion of right-of-way near
1750 15th Street, with reservations.
Vacates a portion of the public right-of-way on the southeasterly corner of Wewatta
Street at 15th Street, with reservations, at 1750 15th Street in Council District 9.
The Committee approved filing this bill by consent on 12-13-16.
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City Council Agenda Monday, January 9, 2017
16-1309 A bill for an ordinance changing the zoning classification for 3087
S. Sheridan Boulevard.
Rezones property located at 3087 South Sheridan Boulevard from Former Chapter
59 B-2 with Waivers to S-CC-3x (from the former chapter 59 business zoning code
to suburban commercial corridor) in Council District 2. IF ORDERED PUBLISHED, A
PUBLIC HEARING WILL BE HELD ON THIS ITEM. REFER TO THE "PENDING"
SECTION OF THE FUTURE COUNCIL MEETING AGENDAS FOR THE DATE. The
Committee approved filing this bill at its meeting on 12-20-16.
16-1330 A bill for an ordinance relinquishing an easement reserved by
Ordinance No. 35, Series of 1933, located near the intersection of Marion
Street and Park Avenue.
Relinquishes certain easements established in the Vacating Ordinance No. 35,
Series of 1933, located at Marion Street and Park Avenue in Council District 9. The
last regularly scheduled Council meeting within the 30-day review period is on
1-30-17. The Committee approved filing this bill by consent on 12-27-16.
16-1331 A bill for an ordinance relinquishing an easement established by
the New Avondale Subdivision Plat located near West Colfax Avenue and
Federal Boulevard.
Relinquishes certain easements established on the New Avondale Subdivision Plat
recorded in 1963 located at West Colfax Avenue and Federal Boulevard in Council
District 3. The last regularly scheduled Council meeting within the 30-day review
period is on 1-30-17. The Committee approved filing this bill by consent on
12-27-16.
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City Council Agenda Monday, January 9, 2017
BILLS FOR FINAL CONSIDERATION
Finance & Governance Committee
16-0919 AS AMENDED, a bill for an ordinance amending Article V of
Chapter 2 of the Revised Municipal Code pertaining to financial disclosure.
Revises the Denver Revised Municipal Code regarding financial disclosure including
eliminating the requirement that candidates for municipal office make financial
disclosures, modifying the definition of “gift”, “immediate family” and “officer”,
modifying the date for submitting the annual financial disclosure statement for city
officers, requiring semi-annual gift disclosure reports by officers and annual gift
disclosure reports by employees, modifying reportable gifts and increasing the
reporting threshold from $25 to $50; making the financial and gift reports of
officers publicly available online and the gift reports of employees publicly available
on request, and modifying the remedies for violations of the ordinance. The
Committee approved filing this bill at its meeting on 11-29-16. Amended 1-3-17 to
remove the minimum $50 threshold for reporting gifts in the covered categories,
resulting in the reporting of all gifts received in the designated categories,
regardless of value. The amendment also clarifies that the new rules for gift
reporting will not apply to gifts already received in 2016, but which will be reported
in 2017. Rather, the new rules will take effect upon passage, in 2017, and will be
applicable for all gifts received from that time on, but not retroactively to prior
years that have already concluded. The first time gifts will be reported under the
new rules in the reports due in July of 2017 (for officers) and January of 2018 (for
employees).
16-1170 A bill for an ordinance amending section 53-545 of Chapter 53,
Article XVI, “Business Personal Property Tax Credits for New or Expanded
Businesses,” of the Revised Municipal Code.
Amends Section 53-545 of the Denver Revised Municipal Code regarding the
Business Investment Program to extend it for an additional five years through
2021. The Committee approved filing this bill at its meeting on 12-13-16.
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City Council Agenda Monday, January 9, 2017
16-1265 A bill for an ordinance designating certain properties as being
required for public use and authorizing use and acquisition thereof by
negotiation, purchase and/or through condemnation proceedings of fee
simple, easements and other interests, including any rights and interest
related or appurtenant to such properties so designated, as needed for the
traffic and pedestrian safety improvement project at various intersections,
including Evans and Alameda Avenues.
Authorizes Public Works to negotiate, purchase, or condemn property for seven
permanent easements to install traffic lights and ADA ramps and three temporary
construction easements at various intersections including Evans and Alameda
avenues in Council Districts 6 and 4. The Committee approved filing this bill by
consent on 12-13-16.
Land Use, Transportation & Infrastructure Committee
16-1315 A bill for an ordinance vacating a portion of right-of-way at the
intersection of Blake Street and Downing Street, with reservations.
Vacates a portion of the right-of-way on the Northeast corner of the Blake Street
and Downing Street intersection, with reservations, in Council District 9. The
Committee approved filing this bill by consent on 12-20-16.
16-1316 A bill for an ordinance relinquishing the easement established in
the Permanent Easement, recorded with the Denver Clerk & Recorder at
Reception No. 2016139219 located at First Creek Village Filing No. 1.
Relinquishes certain easements established in the Permanent Easement with
recordation No. 2016139219 for project First Creek Village No. 1, near 56th Ave
and Tower Road in Council District 11. The last regularly scheduled Council
meeting within the 30-day review period is on 1-23-17. The Committee approved
filing this bill by consent on 12-20-16.
16-1320 A bill for an ordinance vacating the alley bounded by 26th Street,
27th Street, Walnut Street and Larimer Street, with reservations.
Vacates the alley bounded by 26th Street and 27th Street, and Walnut Street and
Larimer Street, with reservations in Council District 9. The Committee approved
filing this bill by consent on 12-20-16.
RECAP OF BILLS TO BE CALLED OUT
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City Council Agenda Monday, January 9, 2017
PRE-RECESS ANNOUNCEMENT
Tonight there will be a required public hearing on 16-1071,
concerning property taxes dedicated for the purpose of purchasing
services for persons with intellectual and developmental disabilities;
and, a required public hearing on 16-1125, changing the zoning
classification for 1154, 1156, 1160, 1164, and 1166 South Lincoln.
Anyone wishing to speak on either of these matters must see the
Council Secretary to receive a speaker card to fill out and return to
her during the recess of Council. Council was also scheduled to hold
a required public hearing on 16-1166, changing the zoning
classification of 1601 West Jewell Avenue. However, it is Council’s
intent to postpone final consideration with its public hearing to
Monday, February 6, 2017. If you are here this evening to speak on
this matter, we apologize for any inconvenience and ask that you
return on Monday, February 6, 2017.
RECESS
COUNCIL RECONVENES AND RESUMES ITS REGULAR SESSION
PUBLIC HEARINGS - BILLS FOR FINAL CONSIDERATION
Safety & Well-being
16-1071 A bill for an ordinance adopting a new Article XVII of Chapter 53,
D.R.M.C. concerning property taxes dedicated for the purpose of
purchasing services for persons with intellectual and developmental
disabilities.
Amends the 2003 initiated ordinance that increased the “Developmentally Disabled
Fund” by 1.000 mill to the dedicated property taxes to add Section 53-550 to allow
for purchasing services for use of the revenues for persons with intellectual and
developmental disabilities. The Committee approved filing this bill at its meeting on
12-14-16.
Land Use, Transportation & Infrastructure Committee
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City Council Agenda Monday, January 9, 2017
16-1125 A bill for an ordinance changing the zoning classification for 1154,
1156, 1160, 1164, and 1166 South Lincoln Street.
Rezones property located at 1154, 1156, 1160, 1164, and 1166 South Lincoln from
R-MU-20 to U-RH-2.5 (residential mixed-use to urban row house) with waivers, in
Council District 7. The Committee approved filing this bill at its meeting on
11-29-16.
16-1166 A bill for an ordinance changing the zoning classification of 1601
W. Jewell Avenue.
Rezones property located at 1601 West Jewell Avenue from E-SU-Dx to PUD G-14
(office and telecommunications tower to planned development) in Council District 7.
The Committee approved filing this bill at its meeting on 11-29-16.
PRE-ADJOURNMENT ANNOUNCEMENT
Dependent upon publication, on Monday, February 6, 2017, Council
will hold a required public hearing on 16-1309, changing the zoning
classification for 3087 South Sheridan Boulevard. Any protests
against 16-1309 must be filed with the Council Offices no later than
noon on Monday, January 30, 2017.
ADJOURN
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City Council Agenda Monday, January 9, 2017
PENDING
FOR 1-17-17
16-1193 A bill for an ordinance changing the zoning classification for 2099
and 2101 31st Street.
Rezones property located at 2099 and 2101 31st Street from I-B, UO-2 to I-MX-8
(from industrial to industrial mixed-use) in Council District 9. The Committee
approved filing this bill at its meeting on 12-6-16.
Final Consideration
Required Public Hearing
16-1199 A bill for an ordinance changing the zoning classification for 4211
Inca Street.
Rezones property located at 4211 Inca Street from I-A, UO-2 to C-RX-8 (from
industrial to residential mixed-use) in Council District 1. The Committee approved
filing this bill at its meeting on 12-6-16.
Final Consideration
Required Public Hearing
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