City Council
Regular MeetingDenver, CO · June 19, 2017
Minutes
City Council Minutes
Meeting Date: Monday, June 19, 2017 5:30 PM
PLEDGE OF ALLEGIANCE
Council member Kniech led the Pledge of Allegiance.
ROLL CALL
Present: Black, Brooks, Clark, Espinoza, Gilmore, Herndon,
Kashmann, Kniech, López, New, Ortega, Susman (12)
Absent: Flynn (1)
APPROVAL OF THE MINUTES
The minutes of meeting date, Monday, June 12, 2017 were distributed to Council.
Council President Brooks ordered the minutes approved.
17-0697 Minutes of Monday, June 12, 2017
The minutes of Monday, June 12, 2017 were approved.
Approved
COUNCIL ANNOUNCEMENTS
Council members New, Gilmore, Lopez, Susman, Herndon, and Brooks offered
announcements.
PRESENTATIONS
COMMUNICATIONS
PROCLAMATIONS
17-0698 A proclamation recognizing June 2017 as National Safety Month.
A motion offered by Councilwoman Ortega, duly seconded by Councilman Herndon,
that Proclamation 17-0698 be adopted. The motion carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Gilmore, Herndon,
Kashmann, Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Flynn (1)
RESOLUTIONS
Business, Arts, Workforce & Aeronautical Services Committee
Block Vote
Block Vote
A motion offered by Councilwoman Kniech, duly seconded by Councilwoman Black,
to approve the following items en bloc. The motion carried by the following vote:
Approved the consent agenda
Aye: Black, Brooks, Clark, Espinoza, Gilmore, Herndon,
Kashmann, Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Flynn (1)
Page 1
17-0638 A resolution approving the Mayor’s appointment to the Federal
Boulevard Business Improvement District Board of Directors.
Approves the Mayoral appointment of Andrew Fournier to the Federal Boulevard
Business Improvement District Board of Directors for a term effective immediately
and expiring 12-31-20, or until a successor is duly appointed. The Committee
approved filing this resolution by consent on 6-7-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilwoman Black,
that Resolution 17-0638 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Gilmore, Herndon,
Kashmann, Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Flynn (1)
Land Use, Transportation & Infrastructure Committee
17-0641 A resolution laying out, opening and establishing as part of the City
street system a parcel of land as a public alley near the intersection of
South Broadway and East Exposition Avenue.
Dedicates a parcel of land as public right-of-way as public alley located at the
intersection of South Broadway and East Exposition Avenue in Council District 7. The
Committee approved filing this resolution by consent on 6-6-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilwoman Black,
that Resolution 17-0641 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Gilmore, Herndon,
Kashmann, Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Flynn (1)
17-0642 A resolution laying out, opening and establishing as part of the City
street system a parcel of land as a public alley bounded by West Colfax
Avenue, Xavier Street, West 16th Street and Wolff Street.
Dedicates a parcel of land as public right-of-way as public alley located at 1516
North Xavier Street in Council District 1. The Committee approved filing this
resolution by consent on 6-6-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilwoman Black,
that Resolution 17-0642 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Gilmore, Herndon,
Kashmann, Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Flynn (1)
Page 2
17-0643 A resolution approving a proposed Amendatory Agreement
between the City and County of Denver and Sport Court of the Rockies LLC
for on-call court repair and construction services.
Amends an on-call contract with Sport Court of the Rockies by updating the contract
exhibits to include a Division of Small Business Opportunities (DSBO) compliance
plan. No change to contract amount or duration (201732637). The last regularly
scheduled Council meeting within the 30-day review period is on 7-10-17. The
Committee approved filing this resolution by consent on 6-6-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilwoman Black,
that Resolution 17-0643 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Gilmore, Herndon,
Kashmann, Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Flynn (1)
17-0648 A resolution amending the revocable permit granted in Resolution
No. 20161076, Series of 2016, to Hanover R.S. Limited Partnership to
encroach into the alley bounded by South Broadway Street, South Lincoln
Street, Arizona Avenue and Mississippi Avenue.
Amends existing Encroachment Resolution No. 20161076, Series of 2016, granted
for a pedestrian bridge to include the additional 4 feet of dedicated right of way on
each side of the alley bounded by South Broadway Street, Lincoln Street, Arizona
Avenue, and Mississippi Avenue in Council District 7. The Committee approved filing
this resolution by consent on 6-6-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilwoman Black,
that Resolution 17-0648 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Gilmore, Herndon,
Kashmann, Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Flynn (1)
17-0649 A resolution approving a proposed First Amendatory Agreement
between the City and County of Denver and L.E.R. Inc d/b/a Renner Sports
Surfaces for on-call court repair and construction services.
Amends an on-call contract with L.E.R., Inc., doing business as Renner Sports
Surfaces, by updating the contract exhibits to include a Division of Small Business
Opportunities (DSBO) compliance plan. No change to contract amount or duration
(201732642). The last regularly scheduled Council meeting within the 30-day review
period is on 7-10-17. The Committee approved filing this resolution by consent on
6-6-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilwoman Black,
that Resolution 17-0649 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Gilmore, Herndon,
Kashmann, Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Flynn (1)
Page 3
Safety, Housing, Education & Homelessness Committee
17-0628 A resolution approving a proposed Loan Agreement between the
City and County of Denver and Lowry Affordable Housing Partners LLC to
finance the development of an affordable housing project located at 6756
East Archer Drive.
Approves a $720,000 loan agreement with Lowry Affordable Housing Partners, LLC
in HOME funds from the U.S. Department of Housing and Urban Development
structured as a cash flow loan to provide construction and permanent financing on a
72-unit affordable rental housing project at 6756 E. Archer Drive in Council District
5. The last regularly scheduled Council meeting within the 30-day review period is
on 7-10-17. The Committee approved filing this resolution at its meeting on 6-7-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilwoman Black,
that Resolution 17-0628 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Gilmore, Herndon,
Kashmann, Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Flynn (1)
17-0637 A resolution approving the Mayor’s reappointments and
appointments to the Denver Lesbian Gay Bisexual Transgender Queer
Commission.
Approves the Mayoral reappointments of Jody Bouffard, Dawn Crosswhite, and
Jeremiah Whitehead; and, the appointments of Riley Cable, Elizabeth Jaenicke, and
Michael Taylor to the Denver Lesbian Gay Bisexual Transgender Queer Commission
for terms effective immediately and expiring 05-01-19. The Committee approved
filing this resolution by consent on 06-07-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilwoman Black,
that Resolution 17-0637 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Gilmore, Herndon,
Kashmann, Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Flynn (1)
17-0639 A resolution approving the Mayor’s appointments to the Denver
Commission for People with Disabilities.
Approves the Mayoral appointments of Gemma Lockhart, Neal Meier, and Leah
Dawson to the Denver Commission for People with Disabilities for terms effective
immediately and expiring on 9-30-19, or until successors are duly appointed. The
Committee approved filing this resolution by consent on 6-7-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilwoman Black,
that Resolution 17-0639 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Gilmore, Herndon,
Kashmann, Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Flynn (1)
Page 4
17-0645 A resolution approving and providing for the execution of a
proposed amendment to the grant agreement between the City and County
of Denver and the State of Colorado Department of Public Health and
Environment concerning the "Healthy and Active Communities" programs
and the funding therefor.
Adds $229,999.82 and one year to the Healthy and Active Communities Grant
agreement with the Colorado Department of Public Health and Environment for
a new total of $659,999.82 and end date of 6-30-18 to fund the Community
Active Living Coalition and to develop policy, strategies, and best practices to
increase access to physical activity and active transportation for children
citywide (201522193-02). The last regularly scheduled Council meeting within
the 30-day review period is on 7-10-17. The Committee approved filing this
resolution by consent on 6-7-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilwoman Black,
that Resolution 17-0645 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Gilmore, Herndon,
Kashmann, Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Flynn (1)
BILLS FOR INTRODUCTION
Business, Arts, Workforce & Aeronautical Services Committee
17-0653 A bill for an ordinance adopting a new Article XIII in Chapter 20,
Denver Revised Municipal Code to authorize the creation of tourism
improvement districts.
Amends Chapter 20 of the Denver Revised Municipal Code to enable the creation of
Tourism Improvement Districts (TIDs) to fund tourism improvements and services
citywide. The Committee approved filing this bill at its meeting on 6-7-17.
Council Bill 17-0653 was ordered published on first reading.
Ordered published on first reading
Finance & Governance Committee
17-0526 A bill for an Ordinance repealing Article X (Tax on TaxiCab
Operators), Chapter 53 (Taxation and Miscellaneous Revenue) of the
Denver Revised Municipal Code.
Amends Article X of Chapter 53 of the Denver Revised Municipal Code to repeal the
tax upon taxicab operators to reflect that the City has never collected this tax. The
Committee approved filing this bill at its meeting on 5-16-17.
Council Bill 17-0526 was ordered published on first reading.
Ordered published on first reading
Page 5
17-0527 A bill for an ordinance amending the City Retail Sales Tax Article,
Article II, Chapter 53 of the Denver Revised Municipal Code and the City
Use Tax Article, Article III, Chapter 53 of the Denver Revised Municipal
Code to exempt the purchase of water from taxation.
Amends Articles II and III of Chapter 53 of the Denver Revised Municipal Code to
expand the exemption of water from sales and use tax to reflect practices in
neighboring jurisdictions. The Committee approved filing this bill at its meeting on
5-16-17.
Council Bill 17-0527 was ordered published on first reading.
Ordered published on first reading
17-0528 A bill for an ordinance amending the definitions in Articles I, II,
and III of Chapter 53 (Taxation and Miscellaneous Revenue) of the Denver
Revised Municipal Code to adopt standardized definitions developed and
recommended by the Colorado Municipal League.
Amends Chapter 53 of the Denver Revised Municipal Code to standardize multiple
definitions for sales and use taxation per the recommendations of a home rule
working group convened by the Colorado Municipal League. The Committee
approved filing this bill at its meeting on 5-16-17.
Council Bill 17-0528 was ordered published on first reading.
Ordered published on first reading
17-0529 A bill for an ordinance amending Articles I through IV, Article VI
and Article VII of Chapter 53 (Taxation and Miscellaneous Revenue) of the
Revised Municipal Code, to replace the City’s tax exemption for charitable
and religious corporations with a new tax exemption for non-profit
organizations exempt under Internal Revenue Code 501(c)(3).
Amends Chapter 53 of the Denver Revised Municipal Code relating to the definition
of charitable corporation to expand its application to additional nonprofit
organizations. The Committee approved filing this bill at its meeting on 5-16-17.
Council Bill 17-0529 was ordered published on first reading.
Ordered published on first reading
17-0646 A bill for an ordinance abolishing the requirement that the
classification and pay plan include a short range pay schedule for classes
that are used only on a part time or on-call basis and allowing the
community rate schedule to apply to those classes.
Removes language that references the recently abolished short range pay table in
the City Classification and Pay Plan. The Committee approved filing this bill by
consent on 6-6-17.
Council Bill 17-0646 was ordered published on first reading.
Ordered published on first reading
Page 6
17-0658 A bill for an ordinance amending Ordinance No. 0050, Series 2016
relating to the issuance of City and County of Denver, Colorado, Dedicated
Tax Revenue Refunding and Improvement Bonds, Series 2016A, and City
and County of Denver, Colorado, Dedicated Tax Revenue Refunding and
Improvement Bonds, Taxable Series 2016B.
Amends the Dedicated Tax Revenue Bond Ordinance, Series 2016A and 2016B, to
clarify that pledged revenues do not include Charitable Corporations under the
Denver Revised Municipal Code. The Committee approved filing this bill by consent
on 6-6-17.
Council Bill 17-0658 was ordered published on first reading.
Ordered published on first reading
Land Use, Transportation & Infrastructure Committee
17-0613 A bill for an ordinance amending Ordinance 902 Series of 1995 by
modifying the legal description of the area covered by structure for
preservation located at 1940-1946 West 33rd Avenue.
Amends an individual Denver landmark designation by reducing the size of the
landmark boundary area for property located at 1940-1946 West 33rd Avenue in
Council District 1. The Committee approved filing this bill at its meeting on 6-6-17.
Council Bill 17-0613 was ordered published with future required public hearing on
6/26/2017.
Ordered published with future required public hearing
17-0615 A bill for an ordinance changing the zoning classification for 2901
Broadway in Five Points.
Rezones property at 2901 Broadway from I-B UO-2 and R-MU-30 with Waivers and
Conditions to C-MX-16, (industrial and residential, mixed-use to commercial,
mixed-use) in Council 9. The Committee approved filing this bill at its meeting on
6-6-17.
Final Consideration
Required Public Hearing
Council Bill 17-0615 was ordered published with future required public hearing on
7/17/2017.
Ordered published with future required public hearing
17-0616 A bill for an ordinance changing the zoning classification for 3204
& 3206 Denargo St. in Five Points.
Rezones property at 3204 & 3206 Denargo Street from R-MU-30 with Waivers and
Conditions and I-B UO-2 to C-MX-8, (residential, mixed-use and industrial to
commercial, mixed-use) in Council District 9. The Committee approved filing this bill
at its meeting on 6-6-17.
Final Consideration
Required Public Hearing
Council Bill 17-0616 was ordered published with future required public hearing.on
7/17/2017
Ordered published with future required public hearing
Page 7
17-0630 A bill for an Ordinance amending Ordinance Number 426, Series of
2007, as amended by Ordinance Number 335, Series of 2009, Ordinance
Number 148, Series of 2010, Ordinance Number 11, Series of 2011,
Ordinance Number 191, Series of 2011, Ordinance Number 258, Series of
2011, Ordinance Number 630, Series of 2011, Ordinance Number 63,
Series of 2013, Ordinance Number 73, Series of 2014, Ordinance Number
376, Series of 2014, Ordinance Number 738, Series 2014, and Ordinance
Number 589, Series of 2016 designating the project to be undertaken and
funded with the proceeds of the Better Denver bonds.
Amends Ordinance Number 426, Series of 2007, and subsequent amendments with a
final reconciling reallocation of project funds within the Better Denver Bond Program.
The Committee approved filing this bill at its meeting on 6-13-15.
Council Bill 17-0630 was ordered published on first reading.
Ordered published on first reading
17-0633 A bill for an ordinance changing the zoning classification for
4000-4090 North Jason Street & 4001 Inca Street in Sunnyside.
Rezones property at 4000-4090 North Jason Street and 4001 Inca Street from I-A
UO-2 to C-RX-8, (industrial to residential, mixed-use) in Council District 1. The
Committee approved filing this bill at its meeting on 6-6-17.
Final Consideration
Required Public Hearing
Council Bill 17-0633 was ordered published with future required public hearing on
7-17-17.
Ordered published with future required public hearing
17-0652 A bill for an ordinance relinquishing the easement reserved in
Ordinance No. 224, Series of 2014, bounded by 36th Street, Blake Street,
Walnut Street and Downing Street.
Relinquishes certain easements bounded by 36th Street, Blake Street, Walnut
Street, and Downing Street in Council District 9. The last regularly scheduled Council
meeting within the 30-day review period is on 7-10-17. The Committee approved
filing this bill by consent on 6-6-17.
Council Bill 17-0652 was ordered published on first reading.
Ordered published on first reading
BILLS FOR FINAL CONSIDERATION
Business, Arts, Workforce & Aeronautical Services Committee
Page 8
17-0617 A bill for an ordinance approving a proposed Agreement between
the City and County of Denver and West Metro Fire Protection District, for
emergency medical services needed for events at Red Rocks Park and
Amphitheatre.
Approves a three-year contract with West Metro Fire Protection District in the
amount of $850,000 for emergency medical services for events at Red Rocks
amphitheater (THTRS-201733988-00). The last regularly scheduled Council meeting
within the 30-day review period is on 6-26-17. The Committee approved filing this
bill by consent on 5-31-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilwoman Black,
that Bill 17-0617 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, Gilmore, Herndon,
Kashmann, Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Flynn (1)
Finance & Governance Committee
17-0598 A bill for an ordinance rescinding budget from the State
Conservation Trust Fund Projects and making appropriations and cash
transfers in the Winter Park Parks and Recreation Capital Fund.
Rescinds and re-appropriates $124,750 in the capital improvement fund from
the Washington Park restrooms project to complete the construction of the
Washington Park playground in Council District 6. The Committee approved
filing this bill by consent on 5-23-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilwoman Black,
that Bill 17-0598 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, Gilmore, Herndon,
Kashmann, Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Flynn (1)
17-0619 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 Senior Information Technology Communications Technician at pay grade I-626
to the City Classification and Pay Plan. The Committee approved filing this bill by
consent on 5-30-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilwoman Black,
that Bill 17-0619 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, Gilmore, Herndon,
Kashmann, Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Page 9
Absent: Flynn (1)
17-0655 A bill for an ordinance re-appointing Julia C. Yeckes to serve as a
member of the Board of Ethics.
Reappoints Julia C. Yeckes to serve on the Board of Ethics starting immediately.
The Committee approved filing this bill by consent on 5-09-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilwoman Black,
that Bill 17-0655 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, Gilmore, Herndon,
Kashmann, Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Flynn (1)
Land Use, Transportation & Infrastructure Committee
17-0541 A bill for an ordinance approving a proposed Agreement between
the City and County of Denver and Urban Drainage and Flood Control
District regarding flood improvements for Glenbrook Detention Basin.
Approves an intergovernmental agreement with Urban Drainage and Flood Control
District for a contribution of $1,050,000 from the District and a commitment of
$3,950,000 from the City for a total of $5 million to fund the final design and
construction of drainage and flood control improvements for the Glenbrook
Detention Basin in Council District 2 (201734602). The last regularly scheduled
Council meeting within the 30-day review period is on 6-26-17. The Committee
approved filing this bill by consent on 5-9-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilwoman Black,
that Bill 17-0541 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, Gilmore, Herndon,
Kashmann, Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Flynn (1)
17-0618 A bill for an ordinance approving a proposed Amendatory
Intergovernmental Agreement between the City and County of Denver and
Town of Morrison, Colorado, regarding the Water Treatment Facility at
Denver Mountain Parks Headquarters in Jefferson County.
Amends an intergovernmental agreement with the Town of Morrison to expand the
boundary of the water treatment plant located at Red Rocks Park to comply with
new state-mandated regulations for municipal water treatment facilities and to allow
the construction and operation of a clear well facility as a permitted facility
(XC7A032). The last regularly scheduled Council meeting within the 30-day review
period is on 6-26-17. The Committee approved filing this bill by consent on 5-30-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilwoman Black,
that Bill 17-0618 be placed upon final consideration and do pass en bloc, carried by
the following vote:
Placed upon final consideration and do pass
Page 10
Aye: Black, Brooks, Clark, Espinoza, Gilmore, Herndon,
Kashmann, Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Flynn (1)
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 17-0497, changing the zoning
classification for 4232 Jason Street in Sunnyside; and, a required
public hearing on Council Bill 17-0498, changing the zoning
classification for 300-306 Elati Street in Baker. Anyone wishing to
speak on either 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 11
PUBLIC HEARINGS - BILLS FOR FINAL CONSIDERATION
Land Use, Transportation & Infrastructure Committee
17-0497 A bill for an ordinance changing the zoning classification for 4232
Jason Street in Sunnyside.
Approves an official map amendment to rezone property located at 4232 Jason
Street from I-A UO-2 to C-RX-8 (industrial to urban center, residential, mixed-use
with an 8-story height limit) in Council District 1. The Committee approved filing this
bill at its meeting on 5-16-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilman Herndon,
that Bill 17-0497 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 6:23 p.m. Council President
Brooks presiding, to hear speakers on Council Bill 497. Bill Gearhart signed up to speak
in favor of the bill. No speakers signed up to speak in opposition of the bill. Scott
Robinson of Community Planning and Development delivered the Staff Report.
Aye: Black, Brooks, Clark, Gilmore, Herndon, Kashmann, Kniech,
López, New, Susman (10)
Nay: Espinoza, Ortega (2)
Absent: Flynn (1)
17-0498 A bill for an ordinance changing the zoning classification for
300-306 Elati Street in Baker.
Approves an official map amendment to rezone property located at 300-306 Elati
Street from U-RH-2.5 to U-MX-2 (urban row home to urban mixed-use) in Council
District 7. The Committee approved filing this bill at its meeting on 5-16-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilman Herndon,
that Bill 17-0498 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 6:55 p.m Council President
Brooks presiding, to hear speakers on Council Bill 498. Heidi Martin, Luchia Brown,
Sarah Martin, and Jeff Martin signed up to speak in favor of the bill. No speakers signed
up to speak in opposition of the bill. Scott Robinson of Community Planning and
Development delivered the Staff Report.
Aye: Black, Brooks, Clark, Espinoza, Gilmore, Herndon,
Kashmann, Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Flynn (1)
Page 12
PRE-ADJOURNMENT ANNOUNCEMENT
Council President Brooks announced that on Monday, June 26, 2017,
Council will hold a required public hearing on Council Bill 17-0613,
amending an individual Denver landmark designation by reducing
the size of the landmark boundary area for property located at
1940-1946 West 33rd Avenue in Council District 1. On Monday, July
17, 2017, Council will hold a required public hearing on Council Bill
17-0615, changing the zoning classification for 2901 Broadway in
Five Points; a required public hearing on Council Bill 17-0616,
changing the zoning classification for 3204 and 3206 Denargo Street
in Five Points; and, a required public hearing on Council Bill
17-0633, changing the zoning classification for 4000-4090 North
Jason Street and 4001 Inca Street in Sunnyside. Any protests
against Council Bill 17-0615, Council Bill 17-0616, or Council Bill
17-0633 must be filed with the Council Offices no later than Monday,
July 10, 2017.
ADJOURN
There being no further business before the City Council, Council President Brooks
adjourned the meeting at 7:13 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 13
Agenda
City Council Meeting of Monday, June 19, 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, June 19, 2017
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF THE MINUTES
17-0697 Minutes of Monday, June 12, 2017
COUNCIL ANNOUNCEMENTS
PRESENTATIONS
COMMUNICATIONS
PROCLAMATIONS
17-0698 A proclamation recognizing June 2017 as National Safety Month.
Sponsors Ortega, Black, New, Kashmann, Brooks, Flynn, Clark, Gilmore and
López
RESOLUTIONS
Business, Arts, Workforce & Aeronautical Services Committee
17-0638 A resolution approving the Mayor’s appointment to the Federal
Boulevard Business Improvement District Board of Directors.
Approves the Mayoral appointment of Andrew Fournier to the Federal Boulevard
Business Improvement District Board of Directors for a term effective immediately
and expiring 12-31-20, or until a successor is duly appointed. The Committee
approved filing this resolution by consent on 6-7-17.
Land Use, Transportation & Infrastructure Committee
17-0641 A resolution laying out, opening and establishing as part of the
City street system a parcel of land as a public alley near the intersection of
South Broadway and East Exposition Avenue.
Dedicates a parcel of land as public right-of-way as public alley located at the
intersection of South Broadway and East Exposition Avenue in Council District 7.
The Committee approved filing this resolution by consent on 6-6-17.
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City Council Agenda Monday, June 19, 2017
17-0642 A resolution laying out, opening and establishing as part of the
City street system a parcel of land as a public alley bounded by West
Colfax Avenue, Xavier Street, West 16th Street and Wolff Street.
Dedicates a parcel of land as public right-of-way as public alley located at 1516
North Xavier Street in Council District 1. The Committee approved filing this
resolution by consent on 6-6-17.
17-0643 A resolution approving a proposed Amendatory Agreement
between the City and County of Denver and Sport Court of the Rockies LLC
for on-call court repair and construction services.
Amends an on-call contract with Sport Court of the Rockies by updating the
contract exhibits to include a Division of Small Business Opportunities (DSBO)
compliance plan. No change to contract amount or duration (201732637). The last
regularly scheduled Council meeting within the 30-day review period is on 7-10-17.
The Committee approved filing this resolution by consent on 6-6-17.
17-0648 A resolution amending the revocable permit granted in Resolution
No. 20161076, Series of 2016, to Hanover R.S. Limited Partnership to
encroach into the alley bounded by South Broadway Street, South Lincoln
Street, Arizona Avenue and Mississippi Avenue.
Amends existing Encroachment Resolution No. 20161076, Series of 2016, granted
for a pedestrian bridge to include the additional 4 feet of dedicated right of way on
each side of the alley bounded by South Broadway Street, Lincoln Street, Arizona
Avenue, and Mississippi Avenue in Council District 7. The Committee approved filing
this resolution by consent on 6-6-17.
17-0649 A resolution approving a proposed First Amendatory Agreement
between the City and County of Denver and L.E.R. Inc d/b/a Renner Sports
Surfaces for on-call court repair and construction services.
Amends an on-call contract with L.E.R., Inc., doing business as Renner Sports
Surfaces, by updating the contract exhibits to include a Division of Small Business
Opportunities (DSBO) compliance plan. No change to contract amount or duration
(201732642). The last regularly scheduled Council meeting within the 30-day
review period is on 7-10-17. The Committee approved filing this resolution by
consent on 6-6-17.
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City Council Agenda Monday, June 19, 2017
Safety, Housing, Education & Homelessness Committee
17-0628 A resolution approving a proposed Loan Agreement between the
City and County of Denver and Lowry Affordable Housing Partners LLC to
finance the development of an affordable housing project located at 6756
East Archer Drive.
Approves a $720,000 loan agreement with Lowry Affordable Housing Partners, LLC
in HOME funds from the U.S. Department of Housing and Urban Development
structured as a cash flow loan to provide construction and permanent financing on
a 72-unit affordable rental housing project at 6756 E. Archer Drive in Council
District 5. The last regularly scheduled Council meeting within the 30-day review
period is on 7-10-17. The Committee approved filing this resolution at its meeting
on 6-7-17.
17-0637 A resolution approving the Mayor’s reappointments and
appointments to the Denver Lesbian Gay Bisexual Transgender Queer
Commission.
Approves the Mayoral reappointments of Jody Bouffard, Dawn Crosswhite, and
Jeremiah Whitehead; and, the appointments of Riley Cable, Elizabeth Jaenicke, and
Michael Taylor to the Denver Lesbian Gay Bisexual Transgender Queer Commission
for terms effective immediately and expiring 05-01-19. The Committee approved
filing this resolution by consent on 06-07-17.
17-0639 A resolution approving the Mayor’s appointments to the Denver
Commission for People with Disabilities.
Approves the Mayoral appointments of Gemma Lockhart, Neal Meier, and Leah
Dawson to the Denver Commission for People with Disabilities for terms effective
immediately and expiring on 9-30-19, or until successors are duly appointed. The
Committee approved filing this resolution by consent on 6-7-17.
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City Council Agenda Monday, June 19, 2017
17-0645 A resolution approving and providing for the execution of a
proposed amendment to the grant agreement between the City and County
of Denver and the State of Colorado Department of Public Health and
Environment concerning the "Healthy and Active Communities" programs
and the funding therefor.
Adds $229,999.82 and one year to the Healthy and Active Communities Grant
agreement with the Colorado Department of Public Health and Environment for
a new total of $659,999.82 and end date of 6-30-18 to fund the Community
Active Living Coalition and to develop policy, strategies, and best practices to
increase access to physical activity and active transportation for children
citywide (201522193-02). The last regularly scheduled Council meeting within
the 30-day review period is on 7-10-17. The Committee approved filing this
resolution by consent on 6-7-17.
BILLS FOR INTRODUCTION
Business, Arts, Workforce & Aeronautical Services Committee
17-0653 A bill for an ordinance adopting a new Article XIII in Chapter 20,
Denver Revised Municipal Code to authorize the creation of tourism
improvement districts.
Amends Chapter 20 of the Denver Revised Municipal Code to enable the creation of
Tourism Improvement Districts (TIDs) to fund tourism improvements and services
citywide. The Committee approved filing this bill at its meeting on 6-7-17.
Finance & Governance Committee
17-0526 A bill for an Ordinance repealing Article X (Tax on TaxiCab
Operators), Chapter 53 (Taxation and Miscellaneous Revenue) of the
Denver Revised Municipal Code.
Amends Article X of Chapter 53 of the Denver Revised Municipal Code to repeal the
tax upon taxicab operators to reflect that the City has never collected this tax. The
Committee approved filing this bill at its meeting on 5-16-17.
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City Council Agenda Monday, June 19, 2017
17-0527 A bill for an ordinance amending the City Retail Sales Tax Article,
Article II, Chapter 53 of the Denver Revised Municipal Code and the City
Use Tax Article, Article III, Chapter 53 of the Denver Revised Municipal
Code to exempt the purchase of water from taxation.
Amends Articles II and III of Chapter 53 of the Denver Revised Municipal Code to
expand the exemption of water from sales and use tax to reflect practices in
neighboring jurisdictions. The Committee approved filing this bill at its meeting on
5-16-17.
17-0528 A bill for an ordinance amending the definitions in Articles I, II,
and III of Chapter 53 (Taxation and Miscellaneous Revenue) of the Denver
Revised Municipal Code to adopt standardized definitions developed and
recommended by the Colorado Municipal League.
Amends Chapter 53 of the Denver Revised Municipal Code to standardize multiple
definitions for sales and use taxation per the recommendations of a home rule
working group convened by the Colorado Municipal League. The Committee
approved filing this bill at its meeting on 5-16-17.
17-0529 A bill for an ordinance amending Articles I through IV, Article VI
and Article VII of Chapter 53 (Taxation and Miscellaneous Revenue) of the
Revised Municipal Code, to replace the City’s tax exemption for charitable
and religious corporations with a new tax exemption for non-profit
organizations exempt under Internal Revenue Code 501(c)(3).
Amends Chapter 53 of the Denver Revised Municipal Code relating to the definition
of charitable corporation to expand its application to additional nonprofit
organizations. The Committee approved filing this bill at its meeting on 5-16-17.
17-0646 A bill for an ordinance abolishing the requirement that the
classification and pay plan include a short range pay schedule for classes
that are used only on a part time or on-call basis and allowing the
community rate schedule to apply to those classes.
Removes language that references the recently abolished short range pay table in
the City Classification and Pay Plan. The Committee approved filing this bill by
consent on 6-6-17.
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City Council Agenda Monday, June 19, 2017
17-0658 A bill for an ordinance amending Ordinance No. 0050, Series 2016
relating to the issuance of City and County of Denver, Colorado, Dedicated
Tax Revenue Refunding and Improvement Bonds, Series 2016A, and City
and County of Denver, Colorado, Dedicated Tax Revenue Refunding and
Improvement Bonds, Taxable Series 2016B.
Amends the Dedicated Tax Revenue Bond Ordinance, Series 2016A and 2016B, to
clarify that pledged revenues do not include Charitable Corporations under the
Denver Revised Municipal Code. The Committee approved filing this bill by consent
on 6-6-17.
Land Use, Transportation & Infrastructure Committee
17-0613 A bill for an ordinance amending Ordinance 902 Series of 1995 by
modifying the legal description of the area covered by structure for
preservation located at 1940-1946 West 33rd Avenue.
Amends an individual Denver landmark designation by reducing the size of the
landmark boundary area for property located at 1940-1946 West 33rd Avenue in
Council District 1. 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 6-6-17.
17-0615 A bill for an ordinance changing the zoning classification for 2901
Broadway in Five Points.
Rezones property at 2901 Broadway from I-B UO-2 and R-MU-30 with Waivers and
Conditions to C-MX-16, (industrial and residential, mixed-use to commercial,
mixed-use) in Council 9. 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 6-6-17.
17-0616 A bill for an ordinance changing the zoning classification for 3204
& 3206 Denargo St. in Five Points.
Rezones property at 3204 & 3206 Denargo Street from R-MU-30 with Waivers and
Conditions and I-B UO-2 to C-MX-8, (residential, mixed-use and industrial to
commercial, mixed-use) in Council District 9. 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 6-6-17.
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City Council Agenda Monday, June 19, 2017
17-0630 A bill for an Ordinance amending Ordinance Number 426, Series of
2007, as amended by Ordinance Number 335, Series of 2009, Ordinance
Number 148, Series of 2010, Ordinance Number 11, Series of 2011,
Ordinance Number 191, Series of 2011, Ordinance Number 258, Series of
2011, Ordinance Number 630, Series of 2011, Ordinance Number 63,
Series of 2013, Ordinance Number 73, Series of 2014, Ordinance Number
376, Series of 2014, Ordinance Number 738, Series 2014, and Ordinance
Number 589, Series of 2016 designating the project to be undertaken and
funded with the proceeds of the Better Denver bonds.
Amends Ordinance Number 426, Series of 2007, and subsequent amendments with
a final reconciling reallocation of project funds within the Better Denver Bond
Program. The Committee approved filing this bill at its meeting on 6-13-15.
17-0633 A bill for an ordinance changing the zoning classification for
4000-4090 North Jason Street & 4001 Inca Street in Sunnyside.
Rezones property at 4000-4090 North Jason Street and 4001 Inca Street from I-A
UO-2 to C-RX-8, (industrial to residential, mixed-use) in Council District 1. 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 6-6-17.
17-0652 A bill for an ordinance relinquishing the easement reserved in
Ordinance No. 224, Series of 2014, bounded by 36th Street, Blake Street,
Walnut Street and Downing Street.
Relinquishes certain easements bounded by 36th Street, Blake Street, Walnut
Street, and Downing Street in Council District 9. The last regularly scheduled
Council meeting within the 30-day review period is on 7-10-17. The Committee
approved filing this bill by consent on 6-6-17.
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City Council Agenda Monday, June 19, 2017
BILLS FOR FINAL CONSIDERATION
Business, Arts, Workforce & Aeronautical Services Committee
17-0617 A bill for an ordinance approving a proposed Agreement between
the City and County of Denver and West Metro Fire Protection District, for
emergency medical services needed for events at Red Rocks Park and
Amphitheatre.
Approves a three-year contract with West Metro Fire Protection District in the
amount of $850,000 for emergency medical services for events at Red Rocks
amphitheater (THTRS-201733988-00). The last regularly scheduled Council
meeting within the 30-day review period is on 6-26-17. The Committee approved
filing this bill by consent on 5-31-17.
Finance & Governance Committee
17-0598 A bill for an ordinance rescinding budget from the State
Conservation Trust Fund Projects and making appropriations and cash
transfers in the Winter Park Parks and Recreation Capital Fund.
Rescinds and re-appropriates $124,750 in the capital improvement fund from
the Washington Park restrooms project to complete the construction of the
Washington Park playground in Council District 6. The Committee approved
filing this bill by consent on 5-23-17.
17-0619 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 Senior Information Technology Communications Technician at pay grade
I-626 to the City Classification and Pay Plan. The Committee approved filing this bill
by consent on 5-30-17.
17-0655 A bill for an ordinance re-appointing Julia C. Yeckes to serve as a
member of the Board of Ethics.
Reappoints Julia C. Yeckes to serve on the Board of Ethics starting immediately.
The Committee approved filing this bill by consent on 5-09-17.
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City Council Agenda Monday, June 19, 2017
Land Use, Transportation & Infrastructure Committee
17-0541 A bill for an ordinance approving a proposed Agreement between
the City and County of Denver and Urban Drainage and Flood Control
District regarding flood improvements for Glenbrook Detention Basin.
Approves an intergovernmental agreement with Urban Drainage and Flood Control
District for a contribution of $1,050,000 from the District and a commitment of
$3,950,000 from the City for a total of $5 million to fund the final design and
construction of drainage and flood control improvements for the Glenbrook
Detention Basin in Council District 2 (201734602). The last regularly scheduled
Council meeting within the 30-day review period is on 6-26-17. The Committee
approved filing this bill by consent on 5-9-17.
17-0618 A bill for an ordinance approving a proposed Amendatory
Intergovernmental Agreement between the City and County of Denver and
Town of Morrison, Colorado, regarding the Water Treatment Facility at
Denver Mountain Parks Headquarters in Jefferson County.
Amends an intergovernmental agreement with the Town of Morrison to expand the
boundary of the water treatment plant located at Red Rocks Park to comply with
new state-mandated regulations for municipal water treatment facilities and to
allow the construction and operation of a clear well facility as a permitted facility
(XC7A032). The last regularly scheduled Council meeting within the 30-day review
period is on 6-26-17. The Committee approved filing this bill by consent on
5-30-17.
RECAP OF BILLS TO BE CALLED OUT
PRE-RECESS ANNOUNCEMENT
Tonight, there will be a required public hearing on Council Bill
17-0497, changing the zoning classification for 4232 Jason Street in
Sunnyside; and, a required public hearing on Council Bill 17-0498,
changing the zoning classification for 300-306 Elati Street in Baker.
Anyone wishing to speak on either matter must see the Council
Secretary to receive a speaker card to fill out and return to her during
the recess of Council.
RECESS
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City Council Agenda Monday, June 19, 2017
COUNCIL RECONVENES AND RESUMES ITS REGULAR SESSION
PUBLIC HEARINGS - BILLS FOR FINAL CONSIDERATION
Land Use, Transportation & Infrastructure Committee
17-0497 A bill for an ordinance changing the zoning classification for 4232
Jason Street in Sunnyside.
Approves an official map amendment to rezone property located at 4232 Jason
Street from I-A UO-2 to C-RX-8 (industrial to urban center, residential, mixed-use
with an 8-story height limit) in Council District 1. The Committee approved filing
this bill at its meeting on 5-16-17.
17-0498 A bill for an ordinance changing the zoning classification for
300-306 Elati Street in Baker.
Approves an official map amendment to rezone property located at 300-306 Elati
Street from U-RH-2.5 to U-MX-2 (urban row home to urban mixed-use) in Council
District 7. The Committee approved filing this bill at its meeting on 5-16-17.
PRE-ADJOURNMENT ANNOUNCEMENT
Dependent upon publication, on Monday, June 26, 2017, Council will
hold a required public hearing on Council Bill 17-0613, amending an
individual Denver landmark designation by reducing the size of the
landmark boundary area for property located at 1940-1946 West 33rd
Avenue in Council District 1. On Monday, July 17, 2017, Council will
hold a required public hearing on Council Bill 17-0615, changing the
zoning classification for 2901 Broadway in Five Points; a required
public hearing on Council Bill 17-0616, changing the zoning
classification for 3204 and 3206 Denargo Street in Five Points; and, a
required public hearing on Council Bill 17-0633, changing the zoning
classification for 4000-4090 North Jason Street and 4001 Inca Street
in Sunnyside. Any protests against Council Bill 17-0615, Council Bill
17-0616, or Council Bill 17-0633 must be filed with the Council
Offices no later than Monday, July 10, 2017.
ADJOURN
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City Council Agenda Monday, June 19, 2017
PENDING
FOR 7-10-17
17-0564 A bill for an ordinance changing the zoning classification for 2232
and 2246 Irving Street in Sloan Lake.
Approves an official map amendment to rezone property located at 2232 Irving
Street and 2246 Irving Street from U-SU-C to U-MX-2x (urban, single-unit, to
urban, mixed-use) in Council District 1. The Committee approved filing this bill at
its meeting on 5-23-17.
Final Consideration
Required Public Hearing
17-0565 A bill for an ordinance changing the zoning classification for 8504
East Martin Luther King Jr. Boulevard and 2962 North Central Park
Boulevard in Stapleton.
Approves an official map amendment to rezone property located at 8504 East
Martin Luther King Jr. Boulevard and 2962 North Central Park Boulevard from
C-MU-20 to M-RX-5A (commercial, mixed-use to master planned, residential,
mixed-use) in Council District 8. The Committee approved filing this bill at its
meeting on 5-23-17.
Final Consideration
Required Public Hearing
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