City Council
Regular MeetingDenver, CO · May 1, 2017
Minutes
City Council Minutes
Meeting Date: Monday, May 1, 2017 5:30 PM
PLEDGE OF ALLEGIANCE
Council member Gilmore led the Pledge of Allegiance.
ROLL CALL
Councilwoman Susman arrived late.
Present: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
López, New, Ortega, Susman (11)
Absent: Herndon, Kniech (2)
APPROVAL OF THE MINUTES
The minutes of meeting date, Monday, April 24, 2017, were distributed to Council.
Council President Brooks ordered the minutes approved.
17-0512 Minutes of Monday, April 24, 2017
The minutes of Monday, April 24, 2017 were approved.
Approved
COUNCIL ANNOUNCEMENTS
Council members Black, Brooks, Gilmore, Ortega, Flynn, López, Espinoza, and New
offered announcements.
PRESENTATIONS
COMMUNICATIONS
PROCLAMATIONS
17-0517 A proclamation recognizing National Adopt a Shelter Pet Day.
A motion offered by Councilman Clark, duly seconded by Councilman Kashmann,
that Proclamation 17-0517 be adopted. The motion carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
López, New, Ortega (10)
Nay: (None) (0)
Absent: Herndon, Kniech, Susman (3)
RESOLUTIONS
Business, Arts, Workforce & Aeronautical Services Committee
Block Vote
A motion offered by Councilwoman Gilmore, duly seconded by Councilwoman Black,
to approve the following items en bloc. The motion carried by the following vote:
Approved the consent agenda
Councilman López left the floor.
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
New, Ortega (9)
Nay: (None) (0)
Absent: Herndon, Kniech, López, Susman (4)
Page 1
17-0399 A resolution approving a proposed Fifth Amendment to Agreement
between the City and County of Denver and Quiz-DIA, LLC concerning a
concession at Denver International Airport.
Amends a contract with Quiz-DIA, LLC. doing business as Mesa Verde Lounge, partly
due to a hardship review of the contract, by temporarily waiving the minimum
annual guarantee obligation and reducing the percentage fee compensation by 50%
from 7-1-15 through 1-31-16, and revising the tenant’s required renovation
obligation to an approved scope of work at Denver International Airport. There is no
change to contract amount or duration (AC 4A005-05). The last regularly scheduled
Council meeting within the 30-day review period is on 5-22-17. The Committee
approved filing this resolution by consent on 4-19-17.
A motion offered by Councilwoman Gilmore, duly seconded by Councilwoman Black,
that Resolution 17-0399 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
New, Ortega (9)
Nay: (None) (0)
Absent: Herndon, Kniech, López, Susman (4)
17-0400 A resolution approving a proposed Agreement between the City
and County of Denver and B2Gnow for a software services agreement.
Approves a five-year contract with B2Gnow, doing business as ASKReply, Inc. in the
amount of $830,950 to track, monitor, and process certifications and compliance
information for the City's numerous disadvantaged business opportunity programs,
and to ultimately ensure these firms receive payment for work completed citywide
(201631814). The last regularly scheduled Council meeting within the 30-day
review period is on 5-22-17. The Committee approved filing this resolution by
consent on 4-19-17.
A motion offered by Councilwoman Gilmore, duly seconded by Councilwoman Black,
that Resolution 17-0400 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
New, Ortega (9)
Nay: (None) (0)
Absent: Herndon, Kniech, López, Susman (4)
Page 2
17-0401 A resolution approving a proposed First Amendment to Agreement
between the City and County of Denver and Quiz-DIA, LLC concerning a
concession at Denver International Airport.
Amends a contract with Quiz-DIA, LLC, doing business as Quiznos (Concourse A),
partly due to a hardship review of the contract, by waiving the minimum monthly
guarantee and reducing by 33% the percentage fee compensation effective 7-1-15
through 1-31-16. There is no change to the contract amount or duration
(201311283-01). The last regularly scheduled Council meeting within the 30-day
review period is on 5-22-17. The Committee approved filing this resolution by
consent on 4-19-17.
A motion offered by Councilwoman Gilmore, duly seconded by Councilwoman Black,
that Resolution 17-0401 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
New, Ortega (9)
Nay: (None) (0)
Absent: Herndon, Kniech, López, Susman (4)
Finance & Governance Committee
17-0309 A resolution approving a proposed Master Purchase Order between
the City and County of Denver and Uniforms Manufacturing, Inc., for
clothing and related materials for inmates at the Denver County Jail.
Adds $301,000 to the master purchase order with Uniforms Manufacturing, Inc. for a
new total of $800,000 for clothing and related materials for inmates at the Denver
County Jail at 10500 East Smith Road in Council District 8 and the Van Cise-Simonet
Detention Center at 490 West Colfax Avenue in Council District 10
(0472A0914-UNIFORMS MANUFACTURING). The last regularly scheduled Council
meeting within the 30-day review period is on 5-22-17. The Committee approved
filing this resolution by consent on 3-21-17.
A motion offered by Councilwoman Gilmore, duly seconded by Councilwoman Black,
that Resolution 17-0309 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
New, Ortega (9)
Nay: (None) (0)
Absent: Herndon, Kniech, López, Susman (4)
17-0419 A resolution approving a proposed First Amendatory Agreement by
and between the City and County of Denver and Bias Corporation to reduce
stated maximum contract amount for Oracle licenses and support.
Reduces the maximum in the contract with Bias Corporation by $507,680 for a new
maximum of $5,615,000, to correct a discrepancy in pricing between vendors for
Oracle licenses, maintenance, and support citywide (TECHS-201732604). The last
regularly scheduled Council meeting within the 30-day review period is on 5-22-18.
The Committee approved filing this resolution by consent on 4-18-17.
A motion offered by Councilwoman Gilmore, duly seconded by Councilwoman Black,
that Resolution 17-0419 be adopted en bloc, carried by the following vote:
Adopted
Page 3
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
New, Ortega (9)
Nay: (None) (0)
Absent: Herndon, Kniech, López, Susman (4)
17-0432 A resolution approving the proposed purchase by the City and
County of Denver including DIA of insurance policies through Willis of
Minnesota, Inc., Arthur J. Gallagher Risk Management Services, Inc., FM
Global and Huntington T. Block Insurance Agency, Inc. in an amount not to
exceed $4,033,159.
Authorizes the annual renewal of the City’s property and liability insurance policies
renewing 05-01-17 with a total premium for all polices not to exceed $4,033,159
(Willis: FINAN-201419400; Arthur J. Gallagher: FINAN-201419401; Huntington T.
Block: FINAN-201415384-01). The last regularly scheduled Council meeting within
the 30-day review period is on 5-22-17. The Committee approved filing this
resolution by consent on 4-18-17.
A motion offered by Councilwoman Gilmore, duly seconded by Councilwoman Black,
that Resolution 17-0432 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
New, Ortega (9)
Nay: (None) (0)
Absent: Herndon, Kniech, López, Susman (4)
17-0433 A resolution approving a proposed Master Purchase Order between
the City and County of Denver and Millerbernd Manufacturing Company to
provide light poles, mast arms, luminaire arms and related parts.
Approves a $3 million, five-year master purchase order with Millerbernd
Manufacturing Company for light poles, mast arms, luminaire arms, and
related parts for street lighting citywide (10888A0117). The last regularly
scheduled Council meeting within the 30-day review period is on 5-22-17. The
Committee approved filing this resolution by consent on 4-18-17.
A motion offered by Councilwoman Gilmore, duly seconded by Councilwoman Black,
that Resolution 17-0433 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
New, Ortega (9)
Nay: (None) (0)
Absent: Herndon, Kniech, López, Susman (4)
Page 4
Land Use, Transportation & Infrastructure Committee
17-0312 A resolution approving a proposed Contract between the City and
County of Denver and Sturgeon Electric Company, Inc. for upgrades
related to the Ramp 1-42 Morrison/Alameda/Knox Project.
Approves a contract with Sturgeon Electric Company, Inc. for $1,222,417.58 and for
four months for traffic signal upgrades and bicycle traffic signals, curb-line, striping,
and signage changes to create an above-curb bike trail crossing to the Knox Court
Neighborhood Bikeway, located near the intersection of Morrison Road, Knox Court,
Alameda Avenue and Nevada Place in Council District 3 (201631974). The last
regularly scheduled Council meeting within the 30-day review period is on 5-22-17.
The Committee approved filing this resolution by consent on 3-14-17.
A motion offered by Councilwoman Gilmore, duly seconded by Councilwoman Black,
that Resolution 17-0312 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
New, Ortega (9)
Nay: (None) (0)
Absent: Herndon, Kniech, López, Susman (4)
17-0426 A resolution laying out, opening and establishing as part of the City
street system a parcel of land as South Colorado Boulevard at the
intersection of East Kentucky Avenue and South Colorado Boulevard.
Dedicates a parcel of land as public right-of-way as South Colorado Boulevard,
located at the intersection of East Kentucky Avenue and South Colorado Boulevard,
in Council District 6. The Committee approved filing this resolution by consent on
4-18-17.
A motion offered by Councilwoman Gilmore, duly seconded by Councilwoman Black,
that Resolution 17-0426 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
New, Ortega (9)
Nay: (None) (0)
Absent: Herndon, Kniech, López, Susman (4)
Safety, Housing, Education & Homelessness Committee
17-0369 A resolution approving a proposed First Amendment to Data Access
Agreement by and between the City and County of Denver and Background
Information Services, Inc., to extend term and increase revenue for data
management access.
Amends a contract with Background Information Services, Inc. by adding $366,714
for a total contract in the amount of $725,256 and to add one year for a new end
date of 4-7-18 to conduct name searches related to public Denver County Court data
through a web service developed by the court in 2010 (201627011-01). The last
regularly scheduled Council meeting within the 30-day review period is on 5-22-17.
The Committee approved filing this resolution by consent on 3-29-17.
A motion offered by Councilwoman Gilmore, duly seconded by Councilwoman Black,
that Resolution 17-0369 be adopted en bloc, carried by the following vote:
Adopted
Page 5
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
New, Ortega (9)
Nay: (None) (0)
Absent: Herndon, Kniech, López, Susman (4)
17-0444 A resolution approving the Mayor’s appointment to the Head Start
Policy Council.
Approves the Mayoral appointment of Jeffrey Cuneo to the Head Start Policy Council
for a term effective immediately and expiring on 4-10-18, or until a successor is duly
appointed. The Committee approved filing this resolution on 4-19-17.
A motion offered by Councilwoman Gilmore, duly seconded by Councilwoman Black,
that Resolution 17-0444 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
New, Ortega (9)
Nay: (None) (0)
Absent: Herndon, Kniech, López, Susman (4)
17-0445 A resolution approving the Mayor’s appointments to the Citizen
Oversight Board.
Approves the Mayoral appointments of Molly Gallegos and Nikki Braziel to the Citizen
Oversight Board for terms effectively immediately and expiring 1-1-21, or until
successors are duly appointed. The Committee approved filing this resolution on
4-19-17.
A motion offered by Councilwoman Gilmore, duly seconded by Councilwoman Black,
that Resolution 17-0445 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
New, Ortega (9)
Nay: (None) (0)
Absent: Herndon, Kniech, López, Susman (4)
17-0515 A resolution authorizing and approving the expenditure and
payment from the appropriation account designated “liability claims,” the
sum of Sixty Thousand Dollars ($60,000.00), payable to Molly Miranda
Craig and Heideman Poor, LLC, in full payment and satisfaction of all claims
in Case No. 2015CV31713, in the District Court for the City and County of
Denver, Colorado.
Settles a claim involving the Denver Police Department. This resolution was
approved for filing at the Mayor-Council meeting on 4-25-17.
A motion offered by Councilwoman Gilmore, duly seconded by Councilman Clark,
that Resolution 17-0515 be adopted. The motion carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Gilmore, Kashmann, Ortega
(7)
Nay: Flynn, New (2)
Absent: Herndon, Kniech, López, Susman (4)
Page 6
17-0516 A resolution authorizing and approving the expenditure and
payment from the appropriation account designated “liability claims,” the
sum of One Hundred Eighty-Five Thousand Dollars ($185,000.00), payable
to Brandon Schreiber c/o Rathod Mohamedbhai, LLC, in full payment and
satisfaction of all claims in Case No. 16-cv-00203-LTB-MEH, in the United
States District Court for the District of Colorado.
Settles a claim involving the Denver Police Department. This resolution was
approved for filing at the Mayor-Council meeting on 4-25-17.
A motion offered by Councilwoman Gilmore, duly seconded by Councilwoman Black,
that Resolution 17-0516 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
New, Ortega (9)
Nay: (None) (0)
Absent: Herndon, Kniech, López, Susman (4)
BILLS FOR INTRODUCTION
Finance & Governance Committee
17-0428 A bill for an ordinance authorizing and approving (i) the use of an
amount not to exceed $65,000,000 of Private Activity Bond Volume Cap
Allocation for the purpose of making a mortgage credit certificate election;
and (ii) the MCC Program Administration Agreement, Lender Participation
Agreement and MCC Program Guidelines.
Authorizes and approves (i) the use of an amount not to exceed $65 million of
Private Activity Bond Volume Cap Allocation for the purpose of making a mortgage
credit certificate (MCC) election; and (ii) the MCC Program Administration
Agreement, Lender Participation Agreement and the MCC Program Guidelines. The
Committee approved filing this bill at its meeting on 4-18-17.
Council Bill 17-0428 was ordered published on first reading.
Ordered published on first reading
17-0429 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 Fire Alarm Technician at pay grade J-621, Fire Sprinkler Technician at pay
grade J-621, and Millwright at pay grade J-621 to the Classification and Pay Plan.
The Committee approved filing this bill by consent on 4-18-17.
Council Bill 17-0429 was ordered published on first reading.
Ordered published on first reading
17-0430 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.
Changes the pay grade of Manager of Air Service Development from A-815 to A-817.
The Committee approved filing this bill by consent on 4-18-17.
Council Bill 17-0430 was ordered published on first reading.
Ordered published on first reading
Page 7
17-0431 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.
Creates the job title Senior Director of Information Technology at pay grade I-821.
The Committee approved filing this bill by consent on 4-18-17.
Council Bill 17-0431 was ordered published on first reading.
Ordered published on first reading
17-0446 A bill for an ordinance rescinding budget from Capital
Improvements and Capital Maintenance Projects and making
appropriations for Capital Improvements and Capital Maintenance Projects.
Rescinds $2.4 million in the capital improvement fund from the Marion
Underpass project and re-appropriates $1.6 million to the Washington Street
Preliminary Design project, and $800,000 to the 47th and York project to fund
critical mobility capital project needs in Council District 9. The Committee
approved filing this bill by consent on 4-18-17.
Council Bill 17-0446 was ordered published on first reading.
Ordered published on first reading
17-0447 A bill for an ordinance to appropriate funds from the Capital
Improvement and Capital Maintenance and State Conservation Trust
Funds.
Appropriates $250,000 from the State Conservation Trust Fund contingency
and $480,000 from the Capital Improvement Fund contingency for a total
amount of $730,000 to the Citywide Courts Rehabilitation project for the repair
and rehabilitation of portions of the Berkeley Lake Park tennis courts and
Eisenhower Park tennis courts to mitigate health and safety hazards and allow
for programming and development to resume in Council Districts 1 and 4. The
Committee approved filing this bill by consent on 4-18-17.
Council Bill 17-0447 was ordered published on first reading.
Ordered published on first reading
BILLS FOR FINAL CONSIDERATION
Land Use, Transportation & Infrastructure Committee
17-0391 A bill for an ordinance vacating an alley near the intersection of
West 4th Avenue and Kalamath Street, with reservations.
Vacates the alley located at West 4th Avenue and Kalamath Street, with
reservations, in Council District 7. The Committee approved filing this bill by consent
on 4-11-17.
A motion offered by Councilwoman Gilmore, duly seconded by Councilwoman Black,
that Council Bill 17-0391 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, Kashmann,
New, Ortega (9)
Nay: (None) (0)
Absent: Herndon, Kniech, López, Susman (4)
Page 8
17-0392 A bill for an ordinance relinquishing four easements dedicated to
the City by the Denver Connection West Filing No. 1 subdivision, recorded
with the Denver Clerk & Recorder at Reception Number 2016106834.
Relinquishes certain easements conveyed in the Denver Connection West Filing No.
1 Subdivision, recorded on 08-12-16 with reception no. 2016106834, located along
Kittredge Street from Warner Drive to Elk Drive in Council District 11. The last
regularly scheduled Council meeting within the 30-day review period is on 5-15-17.
The Committee approved filing this bill by consent on 4-11-17.
A motion offered by Councilwoman Gilmore, duly seconded by Councilwoman Black,
that Council Bill 17-0392 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, Kashmann,
New, Ortega (9)
Nay: (None) (0)
Absent: Herndon, Kniech, López, Susman (4)
17-0394 A bill for an ordinance authorizing the purchase of capital
equipment from the Asphalt Plant Fund.
Approves a capital equipment expenditure for $1.1 million for the purchase of an
asphalt crushing and screening system to recycle existing materials for the
production of asphalt for street paving operations citywide. The Committee
approved filing this bill by consent on 4-11-17.
A motion offered by Councilwoman Gilmore, duly seconded by Councilwoman Black,
that Council Bill 17-0394 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, Kashmann,
New, Ortega (9)
Nay: (None) (0)
Absent: Herndon, Kniech, López, Susman (4)
17-0402 A bill for an ordinance authorizing the purchase of capital
equipment from the Wastewater Management Enterprise Fund.
Approves a one-time capital equipment expenditure for $210,000 to procure two
utility trucks for use in Public Works manhole adjustment operations to adjust
manhole castings in conjunction with the Street Maintenance overlay program on
a yearly basis citywide. The Committee approved filing this bill by consent on
4-11-17.
A motion offered by Councilwoman Gilmore, duly seconded by Councilwoman Black,
that Council Bill 17-0402 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, Kashmann,
New, Ortega (9)
Nay: (None) (0)
Absent: Herndon, Kniech, López, Susman (4)
Page 9
17-0406 A bill for an ordinance relinquishing a portion of the easement
established by Ordinance No. 793, Series of 2002, located at 2520 East
Alameda Circle.
Relinquishes a portion of the easement established in Vacating Ordinance No. 793,
Series of 2002, located at 2520 East Alameda Circle in Council District 10. The last
regularly scheduled Council meeting within the 30-day review period is on 5-15-17.
The Committee approved filing this bill by consent on 4-11-17.
A motion offered by Councilwoman Gilmore, duly seconded by Councilwoman Black,
that Council Bill 17-0406 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, Kashmann,
New, Ortega (9)
Nay: (None) (0)
Absent: Herndon, Kniech, López, Susman (4)
RECAP OF BILLS TO BE CALLED OUT
PRE-RECESS ANNOUNCEMENT
Council President Brooks announced that tonight there will be a
required public hearing on Council Bill 17-0161 as amended,
amending the Denver Zoning Code to revise parking exemptions for
pre-existing small zone lots. Anyone wishing to speak on this
matter must see the Council Secretary to receive a speaker card to
fill out and return to her during the recess of Council.
RECESS
Council took a recess.
COUNCIL RECONVENES AND RESUMES ITS REGULAR SESSION
Page 10
PUBLIC HEARINGS - BILLS FOR FINAL CONSIDERATION
Land Use, Transportation & Infrastructure Committee
17-0161 AS AMENDED a bill for an ordinance amending the Denver Zoning
Code to revise parking exemptions for pre-existing small zone lots.
Approves a text amendment to the Denver Zoning Code to revise the Pre-Existing
Small Zone Lot parking exemption. The Committee approved filing this bill at its
meeting on 2-14-17. On 2-27-17, Council held this item in Committee to 3-20-17.
Amended 3-20-17 to ensure that the parking exemption is applied for all uses.
Some parking requirements are calculated based on gross floor area while others
are on number of units and not explicitly for gross floor area, to further clarify the
legislative intent of the proposed bill to emphasize the city’s commitment to more
comprehensively address transportation demand management strategies in the
short term, and to require a Zoning Permit with Informational Notice for all new
buildings on Pre-Existing Small Zone Lots that request to use the small lot parking
exemption; Enables all expansions to existing buildings to receive the full parking
exemption; and clarifies at what point an “existing building” is considered a “new
building” for the purposes of applying the small lot parking exemption (i.e.,
“Voluntary Demolition”). Amended 04-03-17 to reduce the number of stories that
will be exempt from providing vehicle parking by one story from the current
proposal. Amended 5-01-17 to update a zoning code reference that changed as a
result of the passage of Council Bill 17-0311; establish an effective date of May 5 to
mirror the effective date of Council Bill 17-0311; and, provide clarity that certain
applications were not subject to the moratorium on small lot parking exemption
enacted last August and those applications may continue to use the small lot parking
exemption as it existed prior to this proposed text amendment.
A motion offered by Councilman Clark, duly seconded by Councilman Kashmann,
that Council Bill 17-0161 be amended to update a zoning code reference that
changed as a result of the passage of Council Bill 17-01311; it establishes an
effective date of May 5 to mirror the effective date of Council Bill 17-0311; and, it
provides clarity that certain applications were not subject to the moratorium on
small lot parking exemption enacted last august and those applications may continue
to use the small lot parking exemption as it existed prior to this proposed text
amendment. The motion carried by the following vote:
Amended
Council sat as a Committee of Whole commencing at 6:22 p.m., Council President
Brooks presiding, to hear speakers on CB17-0161 as amended. Margie Valdez, George
Mayl, Sharon Nunnally, Ben Gearhart, Craig Demmon, Charlie Busch, David Engelken,
Gertie Grant, Bob Hickman, John Joseph Niemann, Tricia Huth, Joseph "Chip" Cippila,
Paul Davidson, Susan Glassmacher, and Eileen Feltman signed up to speak in favor of
the bill. John Riecke, Johan "Jo" Barrios, and Keith Pryor signed up to speak in
opposition of the bill. James Davis, Barbara Stocklin-Staly, Doug Gaddis, and John
Hayden signed up to speak neither in favor or nor against the bill. Joel Noble signed up
to answer questions only. Caryn Champine, Jeff Hirt, and Tina Axelrad of Community
Planning and Development delivered the Staff Report.
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
López, New, Ortega, Susman (11)
Nay: (None) (0)
Absent: Herndon, Kniech (2)
Page 11
A motion offered by Councilwoman Gilmore, duly seconded by Councilwoman
Ortega, that Council Bill 17-0161 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, Clark, Espinoza, Flynn, Gilmore, Kashmann, López,
New, Ortega (9)
Nay: Brooks, Susman (2)
Absent: Herndon, Kniech (2)
PRE-ADJOURNMENT ANNOUNCEMENT
ADJOURN
There being no further business before the City Council, Council President Brooks
adjourned the meeting at 9:22 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 12
Agenda
City Council Meeting of Monday, May 1, 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 Leon Mason....................... 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, May 1, 2017
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF THE MINUTES
17-0512 Minutes of Monday, April 24, 2017
COUNCIL ANNOUNCEMENTS
PRESENTATIONS
COMMUNICATIONS
PROCLAMATIONS
17-0517 A proclamation recognizing National Adopt a Shelter Pet Day.
Sponsors Clark, New, Kashmann, Gilmore, Susman, Black, López, Ortega and
Brooks
RESOLUTIONS
Business, Arts, Workforce & Aeronautical Services Committee
17-0399 A resolution approving a proposed Fifth Amendment to Agreement
between the City and County of Denver and Quiz-DIA, LLC concerning a
concession at Denver International Airport.
Amends a contract with Quiz-DIA, LLC. doing business as Mesa Verde Lounge,
partly due to a hardship review of the contract, by temporarily waiving the
minimum annual guarantee obligation and reducing the percentage fee
compensation by 50% from 7-1-15 through 1-31-16, and revising the tenant’s
required renovation obligation to an approved scope of work at Denver
International Airport. There is no change to contract amount or duration (AC
4A005-05). The last regularly scheduled Council meeting within the 30-day review
period is on 5-22-17. The Committee approved filing this resolution by consent on
4-19-17.
Page 2
City Council Agenda Monday, May 1, 2017
17-0400 A resolution approving a proposed Agreement between the City
and County of Denver and B2Gnow for a software services agreement.
Approves a five-year contract with B2Gnow, doing business as ASKReply, Inc. in
the amount of $830,950 to track, monitor, and process certifications and
compliance information for the City's numerous disadvantaged business opportunity
programs, and to ultimately ensure these firms receive payment for work
completed citywide (201631814). The last regularly scheduled Council meeting
within the 30-day review period is on 5-22-17. The Committee approved filing this
resolution by consent on 4-19-17.
17-0401 A resolution approving a proposed First Amendment to Agreement
between the City and County of Denver and Quiz-DIA, LLC concerning a
concession at Denver International Airport.
Amends a contract with Quiz-DIA, LLC, doing business as Quiznos (Concourse A),
partly due to a hardship review of the contract, by waiving the minimum monthly
guarantee and reducing by 33% the percentage fee compensation effective 7-1-15
through 1-31-16. There is no change to the contract amount or duration
(201311283-01). The last regularly scheduled Council meeting within the 30-day
review period is on 5-22-17. The Committee approved filing this resolution by
consent on 4-19-17.
Finance & Governance Committee
17-0309 A resolution approving a proposed Master Purchase Order
between the City and County of Denver and Uniforms Manufacturing, Inc.,
for clothing and related materials for inmates at the Denver County Jail.
Adds $301,000 to the master purchase order with Uniforms Manufacturing, Inc. for
a new total of $800,000 for clothing and related materials for inmates at the
Denver County Jail at 10500 East Smith Road in Council District 8 and the Van
Cise-Simonet Detention Center at 490 West Colfax Avenue in Council District 10
(0472A0914-UNIFORMS MANUFACTURING). The last regularly scheduled Council
meeting within the 30-day review period is on 5-22-17. The Committee approved
filing this resolution by consent on 3-21-17.
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City Council Agenda Monday, May 1, 2017
17-0419 A resolution approving a proposed First Amendatory Agreement
by and between the City and County of Denver and Bias Corporation to
reduce stated maximum contract amount for Oracle licenses and support.
Reduces the maximum in the contract with Bias Corporation by $507,680 for a new
maximum of $5,615,000, to correct a discrepancy in pricing between vendors for
Oracle licenses, maintenance, and support citywide (TECHS-201732604). The last
regularly scheduled Council meeting within the 30-day review period is on 5-22-18.
The Committee approved filing this resolution by consent on 4-18-17.
17-0432 A resolution approving the proposed purchase by the City and
County of Denver including DIA of insurance policies through Willis of
Minnesota, Inc., Arthur J. Gallagher Risk Management Services, Inc., FM
Global and Huntington T. Block Insurance Agency, Inc. in an amount not to
exceed $4,033,159.
Authorizes the annual renewal of the City’s property and liability insurance policies
renewing 05-01-17 with a total premium for all polices not to exceed $4,033,159
(Willis: FINAN-201419400; Arthur J. Gallagher: FINAN-201419401; Huntington T.
Block: FINAN-201415384-01). The last regularly scheduled Council meeting within
the 30-day review period is on 5-22-17. The Committee approved filing this
resolution by consent on 4-18-17.
17-0433 A resolution approving a proposed Master Purchase Order
between the City and County of Denver and Millerbernd Manufacturing
Company to provide light poles, mast arms, luminaire arms and related
parts.
Approves a $3 million, five-year master purchase order with Millerbernd
Manufacturing Company for light poles, mast arms, luminaire arms, and
related parts for street lighting citywide (10888A0117). The last regularly
scheduled Council meeting within the 30-day review period is on 5-22-17.
The Committee approved filing this resolution by consent on 4-18-17.
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City Council Agenda Monday, May 1, 2017
Land Use, Transportation & Infrastructure Committee
17-0312 A resolution approving a proposed Contract between the City and
County of Denver and Sturgeon Electric Company, Inc. for upgrades
related to the Ramp 1-42 Morrison/Alameda/Knox Project.
Approves a contract with Sturgeon Electric Company, Inc. for $1,222,417.58 and
for four months for traffic signal upgrades and bicycle traffic signals, curb-line,
striping, and signage changes to create an above-curb bike trail crossing to the
Knox Court Neighborhood Bikeway, located near the intersection of Morrison Road,
Knox Court, Alameda Avenue and Nevada Place in Council District 3 (201631974).
The last regularly scheduled Council meeting within the 30-day review period is on
5-22-17. The Committee approved filing this resolution by consent on 3-14-17.
17-0426 A resolution laying out, opening and establishing as part of the
City street system a parcel of land as South Colorado Boulevard at the
intersection of East Kentucky Avenue and South Colorado Boulevard.
Dedicates a parcel of land as public right-of-way as South Colorado Boulevard,
located at the intersection of East Kentucky Avenue and South Colorado Boulevard,
in Council District 6. The Committee approved filing this resolution by consent on
4-18-17.
Safety, Housing, Education & Homelessness Committee
17-0369 A resolution approving a proposed First Amendment to Data
Access Agreement by and between the City and County of Denver and
Background Information Services, Inc., to extend term and increase
revenue for data management access.
Amends a contract with Background Information Services, Inc. by adding
$366,714 for a total contract in the amount of $725,256 and to add one year for a
new end date of 4-7-18 to conduct name searches related to public Denver County
Court data through a web service developed by the court in 2010 (201627011-01).
The last regularly scheduled Council meeting within the 30-day review period is on
5-22-17. The Committee approved filing this resolution by consent on 3-29-17.
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City Council Agenda Monday, May 1, 2017
17-0444 A resolution approving the Mayor’s appointment to the Head Start
Policy Council.
Approves the Mayoral appointment of Jeffrey Cuneo to the Head Start Policy
Council for a term effective immediately and expiring on 4-10-18, or until a
successor is duly appointed. The Committee approved filing this resolution on
4-19-17.
17-0445 A resolution approving the Mayor’s appointments to the Citizen
Oversight Board.
Approves the Mayoral appointments of Molly Gallegos and Nikki Braziel to the
Citizen Oversight Board for terms effectively immediately and expiring 1-1-21, or
until successors are duly appointed. The Committee approved filing this resolution
on 4-19-17.
17-0515 A resolution authorizing and approving the expenditure and
payment from the appropriation account designated “liability claims,” the
sum of Sixty Thousand Dollars ($60,000.00), payable to Molly Miranda
Craig and Heideman Poor, LLC, in full payment and satisfaction of all
claims in Case No. 2015CV31713, in the District Court for the City and
County of Denver, Colorado.
Settles a claim involving the Denver Police Department. This resolution was
approved for filing at the Mayor-Council meeting on 4-25-17.
17-0516 A resolution authorizing and approving the expenditure and
payment from the appropriation account designated “liability claims,” the
sum of One Hundred Eighty-Five Thousand Dollars ($185,000.00), payable
to Brandon Schreiber c/o Rathod Mohamedbhai, LLC, in full payment and
satisfaction of all claims in Case No. 16-cv-00203-LTB-MEH, in the United
States District Court for the District of Colorado.
Settles a claim involving the Denver Police Department. This resolution was
approved for filing at the Mayor-Council meeting on 4-25-17.
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City Council Agenda Monday, May 1, 2017
BILLS FOR INTRODUCTION
Finance & Governance Committee
17-0428 A bill for an ordinance authorizing and approving (i) the use of an
amount not to exceed $65,000,000 of Private Activity Bond Volume Cap
Allocation for the purpose of making a mortgage credit certificate election;
and (ii) the MCC Program Administration Agreement, Lender Participation
Agreement and MCC Program Guidelines.
Authorizes and approves (i) the use of an amount not to exceed $65 million of
Private Activity Bond Volume Cap Allocation for the purpose of making a mortgage
credit certificate (MCC) election; and (ii) the MCC Program Administration
Agreement, Lender Participation Agreement and the MCC Program Guidelines. The
Committee approved filing this bill at its meeting on 4-18-17.
17-0429 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 Fire Alarm Technician at pay grade J-621, Fire Sprinkler Technician at pay
grade J-621, and Millwright at pay grade J-621 to the Classification and Pay Plan.
The Committee approved filing this bill by consent on 4-18-17.
17-0430 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.
Changes the pay grade of Manager of Air Service Development from A-815 to
A-817. The Committee approved filing this bill by consent on 4-18-17.
17-0431 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.
Creates the job title Senior Director of Information Technology at pay grade I-821.
The Committee approved filing this bill by consent on 4-18-17.
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City Council Agenda Monday, May 1, 2017
17-0446 A bill for an ordinance rescinding budget from Capital
Improvements and Capital Maintenance Projects and making
appropriations for Capital Improvements and Capital Maintenance
Projects.
Rescinds $2.4 million in the capital improvement fund from the Marion
Underpass project and re-appropriates $1.6 million to the Washington Street
Preliminary Design project, and $800,000 to the 47th and York project to fund
critical mobility capital project needs in Council District 9. The Committee
approved filing this bill by consent on 4-18-17.
17-0447 A bill for an ordinance to appropriate funds from the Capital
Improvement and Capital Maintenance and State Conservation Trust
Funds.
Appropriates $250,000 from the State Conservation Trust Fund contingency
and $480,000 from the Capital Improvement Fund contingency for a total
amount of $730,000 to the Citywide Courts Rehabilitation project for the
repair and rehabilitation of portions of the Berkeley Lake Park tennis courts
and Eisenhower Park tennis courts to mitigate health and safety hazards and
allow for programming and development to resume in Council Districts 1 and
4. The Committee approved filing this bill by consent on 4-18-17.
BILLS FOR FINAL CONSIDERATION
Land Use, Transportation & Infrastructure Committee
17-0391 A bill for an ordinance vacating an alley near the intersection of
West 4th Avenue and Kalamath Street, with reservations.
Vacates the alley located at West 4th Avenue and Kalamath Street, with
reservations, in Council District 7. The Committee approved filing this bill by
consent on 4-11-17.
17-0392 A bill for an ordinance relinquishing four easements dedicated to
the City by the Denver Connection West Filing No. 1 subdivision, recorded
with the Denver Clerk & Recorder at Reception Number 2016106834.
Relinquishes certain easements conveyed in the Denver Connection West Filing No.
1 Subdivision, recorded on 08-12-16 with reception no. 2016106834, located along
Kittredge Street from Warner Drive to Elk Drive in Council District 11. The last
regularly scheduled Council meeting within the 30-day review period is on 5-15-17.
The Committee approved filing this bill by consent on 4-11-17.
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City Council Agenda Monday, May 1, 2017
17-0394 A bill for an ordinance authorizing the purchase of capital
equipment from the Asphalt Plant Fund.
Approves a capital equipment expenditure for $1.1 million for the purchase of an
asphalt crushing and screening system to recycle existing materials for the
production of asphalt for street paving operations citywide. The Committee
approved filing this bill by consent on 4-11-17.
17-0402 A bill for an ordinance authorizing the purchase of capital
equipment from the Wastewater Management Enterprise Fund.
Approves a one-time capital equipment expenditure for $210,000 to procure two
utility trucks for use in Public Works manhole adjustment operations to adjust
manhole castings in conjunction with the Street Maintenance overlay program on
a yearly basis citywide. The Committee approved filing this bill by consent on
4-11-17.
17-0406 A bill for an ordinance relinquishing a portion of the easement
established by Ordinance No. 793, Series of 2002, located at 2520 East
Alameda Circle.
Relinquishes a portion of the easement established in Vacating Ordinance No. 793,
Series of 2002, located at 2520 East Alameda Circle in Council District 10. The last
regularly scheduled Council meeting within the 30-day review period is on 5-15-17.
The Committee approved filing this bill by consent on 4-11-17.
RECAP OF BILLS TO BE CALLED OUT
PRE-RECESS ANNOUNCEMENT
Tonight there will be a required public hearing on Council Bill 17-0161
as amended, amending the Denver Zoning Code to revise parking
exemptions for pre-existing small zone lots. Anyone wishing to speak
on this matter must see the Council Secretary to receive a speaker
card to fill out and return to her during the recess of Council.
RECESS
COUNCIL RECONVENES AND RESUMES ITS REGULAR SESSION
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City Council Agenda Monday, May 1, 2017
PUBLIC HEARINGS - BILLS FOR FINAL CONSIDERATION
Land Use, Transportation & Infrastructure Committee
17-0161 AS AMENDED a bill for an ordinance amending the Denver Zoning
Code to revise parking exemptions for pre-existing small zone lots.
Approves a text amendment to the Denver Zoning Code to revise the Pre-Existing
Small Zone Lot parking exemption. The Committee approved filing this bill at its
meeting on 2-14-17. On 2-27-17, Council held this item in Committee to 3-20-17.
Amended 3-20-17 to ensure that the parking exemption is applied for all uses.
Some parking requirements are calculated based on gross floor area while others
are on number of units and not explicitly for gross floor area, to further clarify the
legislative intent of the proposed bill to emphasize the city’s commitment to more
comprehensively address transportation demand management strategies in the
short term, and to require a Zoning Permit with Informational Notice for all new
buildings on Pre-Existing Small Zone Lots that request to use the small lot parking
exemption; Enables all expansions to existing buildings to receive the full parking
exemption; and clarifies at what point an “existing building” is considered a “new
building” for the purposes of applying the small lot parking exemption (i.e.,
“Voluntary Demolition”). Amended 04-03-17 to reduce the number of stories that
will be exempt from providing vehicle parking by one story from the current
proposal.
PRE-ADJOURNMENT ANNOUNCEMENT
ADJOURN
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City Council Agenda Monday, May 1, 2017
PENDING
FOR 5-15-17
17-0362 A bill for an ordinance changing the zoning classification for 689
West 39th Avenue, 700 West 40th Avenue, and 725 West 39th Avenue in
Globeville.
Approves an official map amendment to rezone property located at 689 West 39th
Avenue, 700 West 40th Avenue, and 725 West 39th Avenue from I-B, UO-2 and
I-A, UO-2 to C-MX-20 (industrial to commercial-mixed use) in Council District 9.
The Committee approved filing this bill at its meeting on 4-4-17.
Final Consideration
Required Public Hearing
17-0366 A bill for an ordinance changing the zoning classification for
3505-3507 West 3rd Avenue and 332 Lowell Boulevard in Barnum.
Approves an official map amendment to rezone property located at 3505-3507
West 3rd Avenue and 332 Lowell Boulevard from E-SU-Dx to CMP-EI2 (adding to
the existing campus and unifying the zone district) in Council District 3. The
Committee approved filing this bill at its meeting on 4-4-17.
Final Consideration
Required Public Hearing
17-0368 A bill for an ordinance changing the zoning classification for 2880
West Holden Place, 1155 North Decatur Street, 1201 North Decatur Street
and 1101 North Decatur Street in Sun Valley.
Approves an official map amendment to rezone property located at 2880 West
Holden Place, 1155 North Decatur Street, 1201 North Decatur Street and 1101
North Decatur Street from PUD 487 to C-MX-5, (planned development to
commercial-mixed use) in Council District 3. The Committee approved filing this bill
at its meeting on 4-4-17.
Final Consideration
Required Public Hearing
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