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City Council

Regular Meeting

Denver, CO · June 19, 2017

AgendaMinutes

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. Page 2 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. Page 3 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. Page 4 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. Page 5 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. Page 6 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. Page 7 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. Page 8 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. Page 9 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 Page 10 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 Page 11 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 Page 12
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