City Council
Regular MeetingDenver, CO · September 18, 2017
Minutes
City Council Minutes
Meeting Date: Monday, September 18, 2017 5:30 PM
PLEDGE OF ALLEGIANCE
Council member Kniech led the Pledge of Allegiance.
ROLL CALL
Councilman López arrived late.
Present: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
Kniech, López, New, Ortega, Susman (12)
Absent: Herndon (1)
APPROVAL OF THE MINUTES
17-1031 Minutes of Monday, September 11, 2017
Council Approved Minutes 17-1031 was approved.
Approved
The minutes of meeting date, Monday, September 11, 2017, were distributed to
Council. Council President Brooks ordered the minutes approved.
COUNCIL ANNOUNCEMENTS
Council members Kashmann, Flynn, López, Espinoza, and Brooks offered
announcements.
PRESENTATIONS
COMMUNICATIONS
PROCLAMATIONS
17-1037 A proclamation supporting the Colorado Energy Plan.
A motion offered by Councilman Clark, duly seconded by Councilman Flynn, that
Proclamation 17-1037 be adopted. The motion carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Herndon (1)
17-1039 A proclamation celebrating the 10th anniversary of the Denver
Preschool Program.
A motion offered by Councilwoman Gilmore, duly seconded by Councilman López,
that Proclamation 17-1039 be adopted. The motion carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Herndon (1)
Page 1
RESOLUTIONS
Block Vote
A motion offered by Councilwoman Kniech, duly seconded by Councilman Flynn, to
approve the following items en bloc. The motion carried by the following vote:
Approved the consent agenda
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Herndon (1)
Business, Arts, Workforce & Aeronautical Services Committee
17-0348 A resolution approving the mayoral appointment to the Cableland
Home Foundation Board of Directors.
Approves the Mayoral appointment of Mary Beth Susman to the Cableland Home
Foundation Board of Directors for a term effective immediately and until a new
successor is duly appointed. The Committee approved filing this resolution by
consent on 3-22-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilman Flynn, that
Council Resolution 17-0348 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Herndon (1)
17-0986 A resolution approving a proposed License Agreement between the
City and County of Denver and Sprint Spectrum Realty Company LP,
concerning use, maintenance and expansion of existing communication
conduit and fiber optic cabling at Denver International Airport.
Approves a two-year revenue contract with Sprint Spectrum Realty Company LP in
the amount of $460,028.90 for the use, maintenance, and expansion of existing
communication conduit and fiber optic cabling throughout Denver International
Airport (201734551). The last regularly scheduled Council meeting within the
30-day review period is on 10-9-17. The Committee approved filing this resolution
by consent on 9-6-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilman Flynn, that
Council Resolution 17-0986 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Herndon (1)
Page 2
17-0987 A resolution approving a proposed License Agreement between the
City and County of Denver and T-Mobile West, LLC, concerning use,
maintenance and expansion of existing communication conduit and fiber
optic cabling at Denver International Airport.
Approves a two-year revenue contract with T-Mobile West, LLC in the amount of
$350,254.48 for two years for the use, maintenance, and expansion of existing
communication conduit and fiber optic cabling throughout Denver International
Airport (201734556). The last regularly scheduled Council meeting within the
30-day review period is on 10-9-17. The Committee approved filing this resolution
by consent on 9-6-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilman Flynn, that
Council Resolution 17-0987 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Herndon (1)
17-0988 A resolution approving a proposed License Agreement between the
City and County of Denver and Verizon Wireless (VAW) LLC, d/b/a Verizon
Wireless, concerning use, maintenance and expansion of existing
communication conduit and fiber optic cabling at Denver International
Airport.
Approves a two-year revenue contract with Verizon Wireless in the amount of
$994,287.36 for the use, maintenance, and expansion of existing communication
conduit and fiber optic cabling throughout Denver International Airport (201734554).
The last regularly scheduled Council meeting within the 30-day review period is on
10-9-17. The Committee approved filing this resolution by consent on 9-6-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilman Flynn, that
Council Resolution 17-0988 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Herndon (1)
Page 3
17-0989 A resolution approving a proposed License Agreement between the
City and County of Denver and New Cingular Wireless PCS, LLC, concerning
use, maintenance and expansion of existing communication conduit and
fiber optic cabling at Denver International Airport.
Approves a two-year revenue contract with New Cingular Wireless PCS, LLC in the
amount of $1,001,553.24 for the use, maintenance, and expansion of existing
communication conduit and fiber optic cabling throughout Denver International
Airport (201734549). The last regularly scheduled Council meeting within the
30-day review period is on 10-9-17. The Committee approved filing this resolution
by consent on 9-6-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilman Flynn, that
Council Resolution 17-0989 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Herndon (1)
Land Use, Transportation & Infrastructure Committee
17-0979 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 Cherokee Street and West Arizona Avenue.
Dedicates a parcel of land as public right-of-way as public alley located near the
intersection of South Cherokee Street and West Arizona Avenue in Council District 7.
The Committee approved filing this resolution by consent on 9-5-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilman Flynn, that
Council Resolution 17-0979 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Herndon (1)
17-0980 A resolution laying out, opening and establishing as part of the City
street system parcels of land as East Smith Road near the intersections of
East Smith Road between North Dahlia Street and North Kearney Street.
Dedicates a parcel of land as public right-of-way as East Smith Road located
approximately at East Smith Road between North Dahlia Street and North Kearney
Street in Council District 8. The Committee approved filing this resolution by consent
on 9-5-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilman Flynn, that
Council Resolution 17-0980 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Herndon (1)
Page 4
17-0983 A resolution approving a proposed Event Agreement between the
City and County of Denver and The Urban Farm d/b/a The Urban Farm at
Stapleton to conduct multiple events.
Approves a non-financial agreement with The Urban Farm at Stapleton for six
months to hold two events known as Farm Fest consisting of barn dancing and a
community open house located at 10200 Smith Road in Council District 8
(201735811). The last regularly scheduled Council meeting within the 30-day review
period is on 10-9-17. The Committee approved filing this resolution by consent on
9-5-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilman Flynn, that
Council Resolution 17-0983 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Herndon (1)
17-0985 A resolution approving a proposed Cooperative Agreement
between the City and County of Denver and HistoriCorps for the Morrison
Civilian Conservation Corps Camp and historic restoration within Red Rocks
Park.
Approves a non-financial agreement with HistoriCorps for five years to occupy
Building 1 in the Red Rocks Park for administrative use in exchange for certain
historic facility restoration work (201736487). The last regularly scheduled Council
meeting within the 30-day review period is on 10-9-17. The Committee approved
filing this resolution by consent on 9-5-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilman Flynn, that
Council Resolution 17-0985 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Herndon (1)
Safety, Housing, Education & Homelessness Committee
17-0344 A resolution approving the mayoral appointments to the Denver
Asian Pacific American Commission.
Approves the Mayoral appointments of Nga Vuong-Sandoval and Adam You to the
Denver Asian Pacific American Commission for terms effective immediately and
expiring 1-22-19, or until successors are duly appointed. The Committee approved
filing this resolution by consent on 3-22-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilman Flynn, that
Council Resolution 17-0344 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Herndon (1)
Page 5
17-1038 A resolution authorizing and approving the expenditure and
payment from the appropriation account designated “liability claims,” the
total sum of Sixty-Five Thousand Dollars ($65,000.00), payable to Keith
Gibson in the amount of $37,774.82 and Killmer, Lane & Newman, LLP, in
the amount of $27,225.18 in full payment and satisfaction of all claims in
Case No. 16-cv-01488-RPM, in the United States District Court for the
District of Colorado.
Settles a claim involving the Denver Sheriff’s Department. This resolution was
approved for filing at the Mayor-Council meeting on 9-12-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilman Flynn, that
Council Resolution 17-1038 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Herndon (1)
BILLS FOR INTRODUCTION
Finance & Governance Committee
17-0982 A bill for an ordinance making an appropriation within the Denver
Arts and Venues Special Revenue Fund.
Approves a $6.9 million supplemental budget appropriation request for Denver
Arts & Venues from the Arts and Venues Special Revenue Fund to cover the
costs of additional events in City venues due to higher than expected event
space utilization for 2017. The Committee approved filing this bill by consent
on 9-5-17.
Council Bill 17-0982 was ordered published on first reading.
Ordered published on first reading
Land Use, Transportation & Infrastructure Committee
17-0903 A bill for an ordinance designating the Packard’s Hill Historic
District, located generally between Lowell Boulevard on the east, 35th
Avenue on the north, the alley between Osceola Street and Perry Street on
the west, and 32nd Avenue on the south, as a district for preservation.
Approves the designation of Packard’s Hill as a Landmark Historic District for
preservation, bounded approximately by Lowell Boulevard & Osceola Street and
32nd Avenue & 35th Avenue in Council District 1. The Committee approved filing this
bill at its meeting on 8-22-17.
Council Bill 17-0903 was ordered published with future required public hearing.on
9/25/2017.
Ordered published with future required public hearing
Page 6
BILLS FOR FINAL CONSIDERATION
Business, Arts, Workforce & Aeronautical Services Committee
17-0938 A bill for an ordinance concerning certain airport facilities of the
City and County of Denver, authorizing the issuance of “City and County of
Denver, Colorado, for and on behalf of its Department of Aviation, Special
Facilities Airport Revenue Refunding Bonds (United Airlines, Inc. Project)
Series 2017” in a maximum aggregate principal amount of $280,000,000
for the purpose of refunding and defeasing all of the outstanding
$270,025,000 City and County of Denver, Colorado for and on behalf of its
Department of Aviation, Special Facilities Airport Revenue Refunding
Bonds (United Air Lines Project), Series 2007A; providing the form, terms
and other details of the Series 2017 Bonds; pledging to the payment of the
Series 2017 Bonds certain facilities rentals and a related Series 2017 Bond
Guaranty; providing various covenants, agreements and other provisions
concerning such airport facilities and the Series 2017 Bonds; authorizing
the execution and delivery by the City of a 2017 Amended and Restated
Special Facilities and Ground Lease with United Airlines, Inc. with respect
to such airport special facilities and related land; authorizing the execution
of certain related agreements; ratifying action previously taken relating to
the foregoing; and providing for other matters relating thereto.
Authorizes the Manager of Finance to issue City and County of Denver, for and on
behalf of its Department of Aviation, Special Facilities Airport Revenue Refunding
Bonds, Series 2017, in a par amount not to exceed $280 million for the purpose of
refunding outstanding Special Facilities Airport Revenue Bonds and paying costs of
issuance expenses. The last regularly scheduled Council meeting within the 30-day
review period is on 10-2-17. The Committee approved filing this bill by consent on
8-23-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilman Flynn, that
Council Bill 17-0938 be placed upon final consideration and do pass en bloc, carried
by the following vote:
Placed upon final consideration and do pass
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Herndon (1)
Page 7
17-0972 A bill for an ordinance concerning the Airport System of the City
and County of Denver; establishing the "Airport System General Junior Lien
Bond Ordinance"; authorizing and establishing general provisions relating
to Junior Lien Bonds and Junior Lien Obligations; providing the forms,
terms, and conditions of such Junior Lien Bonds and Junior Lien
Obligations; ratifying action previously taken; providing other matters
relating thereto; and providing the effective date hereof.
Authorizes the creation of the Airport System General Junior Lien Bond Ordinance
and thereby the general provisions and parameters for all future Junior Lien
Obligations for Denver International Airport, subject to further City Council approval,
and to provide for terms and conditions of such obligations. The last regularly
scheduled Council meeting within the 30-day review period is on 10-2-17. The
Committee approved filing this resolution by consent on 8-30-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilman Flynn, that
Council Bill 17-0972 be placed upon final consideration and do pass en bloc, carried
by the following vote:
Placed upon final consideration and do pass
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Herndon (1)
17-0973 A bill for an ordinance concerning the incurrence of a Junior Lien
Obligation under the General Junior Lien Bond Ordinance in connection
with certain payments required to be made under the Great Hall
Development Agreement; providing for the creation of a related account in
connection therewith; ratifying action previously taken; providing for other
related matters; and providing the effective date hereof.
Authorizes the incurrence of a Junior Lien Obligation for the Great Hall Project,
pursuant to the Airport System General Junior Lien Bond Ordinance and Great Hall
Development Agreement, to allow the City to fulfill legal obligations for
supplemental payments as outlined in the Great Hall development agreement. The
last regularly scheduled Council meeting within the 30-day review period is on
10-2-17. The Committee approved filing this bill by consent on 8-30-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilman Clark, that
Council Bill 17-0973 be placed upon final consideration and do pass. The motion
carried by the following vote:
Placed upon final consideration and do pass
Aye: Black, Brooks, Clark, Espinoza, Flynn, Kashmann, Kniech,
López, New, Ortega, Susman (11)
Nay: (None) (0)
Absent: Herndon (1)
Abstain: Gilmore (1)
Page 8
Finance & Governance Committee
17-0930 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 correct formatting errors and utilize the current
definition of a “Retailer or Vendor.” The Committee approved filing this bill by
consent on 8-22-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilman Flynn, that
Council Bill 17-0930 be placed upon final consideration and do pass en bloc, carried
by the following vote:
Placed upon final consideration and do pass
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Herndon (1)
17-0931 A bill for an ordinance making a supplemental appropriation from
the General Fund Contingency to the Hearing Office.
Approves a supplemental appropriation in the amount of $302,000 from the
General Fund Contingency to fulfill the City’s obligation for a personnel
settlement. The Committee approved filing this bill by consent on 8-22-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilman Flynn, that
Council Bill 17-0931 be placed upon final consideration and do pass en bloc, carried
by the following vote:
Placed upon final consideration and do pass
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Herndon (1)
Page 9
17-0937 A bill for an Ordinance approving the City’s consent to the
dissolution of the Denver Union Station Project Authority and related
intergovernmental agreements including the DUSPA Omnibus Assignment
and Assumption Agreement and the DUSPA Dissolution Project
Coordination and Cash Fund Management Agreement.
Approves the dissolution of the Denver Union Station Project Authority and
assignment of outstanding responsibilities to the City and to the Regional
Transportation District including the 20th Street and Chestnut Place intersection
improvements and other duties. The last regularly scheduled Council meeting within
the 30-day review period is on 10-2-17. The Committee approved filing this bill by
consent on 8-22-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilman Flynn, that
Council Bill 17-0937 be placed upon final consideration and do pass en bloc, carried
by the following vote:
Placed upon final consideration and do pass
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Herndon (1)
17-0960 A bill for an ordinance amending Ordinance 260, Series 2017,
concerning rescinding budget, transferring cash, and making
appropriations in the General Fund, General Government and Culture and
Recreation Special Revenue Funds of moneys designated by City Council
for various projects.
Amends Ordinance 260, Series of 2017, to transfer $3,000 from the Denver
Police General Fund budget to the Denver Police Donations Fund to correct a
previous error in designating funding for the Bear Valley Cop Shop in Council
District 2. The Committee approved filing this bill by consent on 8-29-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilman Flynn, that
Council Bill 17-0960 be placed upon final consideration and do pass en bloc, carried
by the following vote:
Placed upon final consideration and do pass
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Herndon (1)
Page 10
Land Use, Transportation & Infrastructure Committee
17-0914 A bill for an ordinance approving a proposed Intergovernmental
Agreement between the City and County of Denver and Board of Water
Commissioners, for reimbursement by Denver Water to relocate pipes in
Brighton Boulevard.
Approves an agreement with the Denver Water Board of Commissioners for
$3,637,060 and for three years to relocate their water lines which conflict with
improvements resulting from the reconstruction of Brighton Boulevard from 29th
Avenue to 40th Avenue and from 40th Avenue to 44th Avenue in Council District 9
(201736412). The last regularly scheduled Council meeting within the 30-day
review period is on 9-25-17. The Committee approved filing this bill by consent on
8-15-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilman Flynn, that
Council Bill 17-0914 be placed upon final consideration and do pass en bloc, carried
by the following vote:
Placed upon final consideration and do pass
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Herndon (1)
17-0939 A bill for an ordinance approving a Framework Agreement and its
exhibits among the City and County of Denver, Colorado State University,
The Western Stock Show Association, and the National Western Center
Authority; and exempting the public buildings on the National Western
Center campus from the naming requirements of Section 2-275, D.R.M.C.
Approves a framework agreement with Colorado State University, the Western
Stock Show Association, and the National Western Center Authority for fifty years,
with two possible 25 year extensions, to authorize formation of an authority to
operate the new facilities and govern the roles and responsibilities of each party for
the redevelopment of the existing National Western Complex into a year-round
venue to preserve the National Western Stock Show in Denver for the next 100
years, provide room for new programming, provide connectivity to surrounding
neighborhoods, and bring more visitors to Denver. The last regularly scheduled
Council meeting within the 30-day review period is on 10-2-17. The Committee
approved filing this bill at its meeting on 8-29-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilman Flynn, that
Council Bill 17-0939 be placed upon final consideration and do pass en bloc, carried
by the following vote:
Placed upon final consideration and do pass
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Herndon (1)
Page 11
17-0961 A bill for an ordinance relinquishing the easement reserved in
Ordinance No. 15-0741, Series of 2015, recorded with Denver Clerk &
Recorder at Reception No. 2015154997, located at 1251 through 1295
Knox Court.
Relinquishes the easement reserved in Vacation Ordinance No. 15-0741, Series of
2015, Recordation No. 2015154997, located at 1251-1295 Knox Court in Council
District 3. The last regularly scheduled Council meeting within the 30-day review
period is on 10-2-17. The Committee approved filing this bill by consent on 8-29-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilman Flynn, that
Council Bill 17-0961 be placed upon final consideration and do pass en bloc, carried
by the following vote:
Placed upon final consideration and do pass
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Herndon (1)
17-0962 A bill for an ordinance relinquishing a portion of the reservations
established in Ordinance No. 363, Series of 1967, located at 1701 South
Clayton Street.
Relinquishes the reservations established in Vacating Ordinance No. 363, Series of
1967, located at 1701 South Clayton Street in Council District 6. The last regularly
scheduled Council meeting within the 30-day review period is on 10-2-17. The
Committee approved filing this bill by consent on 8-29-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilman Flynn, that
Council Bill 17-0962 be placed upon final consideration and do pass en bloc, carried
by the following vote:
Placed upon final consideration and do pass
Aye: Black, Brooks, Clark, Espinoza, Flynn, Gilmore, Kashmann,
Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Herndon (1)
RECAP OF BILLS TO BE CALLED OUT
Page 12
PRE-RECESS ANNOUNCEMENT
Council President Brooks announced that tonight, there will be a
required public hearing on Council Bill 17-0841, changing the zoning
classification for 385, 395, 405 and 415 South Cherokee Street in
Baker. Anyone wishing to speak on this matter must see the
Council Secretary to receive a speaker card to fill out and return to
her during the recess of Council.
RECESS
Council took a recess.
COUNCIL RECONVENES AND RESUMES ITS REGULAR SESSION
PUBLIC HEARINGS - BILLS FOR FINAL CONSIDERATION
Land Use, Transportation & Infrastructure Committee
17-0841 A bill for an ordinance changing the zoning classification for 385,
395, 405 & 415 South Cherokee Street in Baker.
Approves an official map amendment to rezone property located at 385, 395, 405,
and 415 South Cherokee Street from I-B UO-2 to C-MX-16 in Council District 7. The
Committee approved filing this bill by consent on 8-8-17.
A motion offered by Councilwoman Kniech, duly seconded by Councilman Flynn, that
Bill 17-0841 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 6:11 p.m., Council President
Brooks presiding, to hear speakers on Council Bill 17-0841. Evelyn Baker and Seku
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, Flynn, Gilmore, Kashmann,
Kniech, López, New, Ortega, Susman (12)
Nay: (None) (0)
Absent: Herndon (1)
PRE-ADJOURNMENT ANNOUNCEMENT
Council President Brooks announced that on Monday, September 25,
2017, Council will hold a required public hearing on Council Bill
17-0903, designating the Packard’s Hill Historic District, located
generally between Lowell Boulevard on the east, 35th Avenue on the
north, the alley between Osceola Street and Perry Street on the west,
and 32nd Avenue on the south, as a district for preservation.
Page 13
ADJOURN
There being no further business before the City Council, Council President Brooks
adjourned the meeting at 6:31 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 14
Agenda
City Council Meeting of Monday, September 18, 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, September 18, 2017
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF THE MINUTES
17-1031 Minutes of Monday, September 11, 2017
COUNCIL ANNOUNCEMENTS
PRESENTATIONS
COMMUNICATIONS
PROCLAMATIONS
17-1037 A proclamation supporting the Colorado Energy Plan.
Sponsors Clark, López, Kashmann, Gilmore, Ortega and Black
17-1039 A proclamation celebrating the 10th anniversary of the Denver
Preschool Program.
Sponsors Gilmore, New, López, Susman, Brooks, Kashmann, Ortega, Black and
Clark
RESOLUTIONS
Business, Arts, Workforce & Aeronautical Services
Committee
17-0348 A resolution approving the mayoral appointment to the Cableland
Home Foundation Board of Directors.
Approves the Mayoral appointment of Mary Beth Susman to the Cableland Home
Foundation Board of Directors for a term effective immediately and until a new
successor is duly appointed. The Committee approved filing this resolution by
consent on 3-22-17.
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City Council Agenda Monday, September 18, 2017
17-0986 A resolution approving a proposed License Agreement between
the City and County of Denver and Sprint Spectrum Realty Company LP,
concerning use, maintenance and expansion of existing communication
conduit and fiber optic cabling at Denver International Airport.
Approves a two-year revenue contract with Sprint Spectrum Realty Company LP in
the amount of $460,028.90 for the use, maintenance, and expansion of existing
communication conduit and fiber optic cabling throughout Denver International
Airport (201734551). The last regularly scheduled Council meeting within the
30-day review period is on 10-9-17. The Committee approved filing this resolution
by consent on 9-6-17.
17-0987 A resolution approving a proposed License Agreement between
the City and County of Denver and T-Mobile West, LLC, concerning use,
maintenance and expansion of existing communication conduit and fiber
optic cabling at Denver International Airport.
Approves a two-year revenue contract with T-Mobile West, LLC in the amount of
$350,254.48 for two years for the use, maintenance, and expansion of existing
communication conduit and fiber optic cabling throughout Denver International
Airport (201734556). The last regularly scheduled Council meeting within the
30-day review period is on 10-9-17. The Committee approved filing this resolution
by consent on 9-6-17.
17-0988 A resolution approving a proposed License Agreement between
the City and County of Denver and Verizon Wireless (VAW) LLC, d/b/a
Verizon Wireless, concerning use, maintenance and expansion of existing
communication conduit and fiber optic cabling at Denver International
Airport.
Approves a two-year revenue contract with Verizon Wireless in the amount of
$994,287.36 for the use, maintenance, and expansion of existing communication
conduit and fiber optic cabling throughout Denver International Airport (201734554).
The last regularly scheduled Council meeting within the 30-day review period is on
10-9-17. The Committee approved filing this resolution by consent on 9-6-17.
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City Council Agenda Monday, September 18, 2017
17-0989 A resolution approving a proposed License Agreement between
the City and County of Denver and New Cingular Wireless PCS, LLC,
concerning use, maintenance and expansion of existing communication
conduit and fiber optic cabling at Denver International Airport.
Approves a two-year revenue contract with New Cingular Wireless PCS, LLC in the
amount of $1,001,553.24 for the use, maintenance, and expansion of existing
communication conduit and fiber optic cabling throughout Denver International
Airport (201734549). The last regularly scheduled Council meeting within the
30-day review period is on 10-9-17. The Committee approved filing this resolution
by consent on 9-6-17.
Land Use, Transportation & Infrastructure Committee
17-0979 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 Cherokee Street and West Arizona Avenue.
Dedicates a parcel of land as public right-of-way as public alley located near the
intersection of South Cherokee Street and West Arizona Avenue in Council District 7.
The Committee approved filing this resolution by consent on 9-5-17.
17-0980 A resolution laying out, opening and establishing as part of the
City street system parcels of land as East Smith Road near the
intersections of East Smith Road between North Dahlia Street and North
Kearney Street.
Dedicates a parcel of land as public right-of-way as East Smith Road located
approximately at East Smith Road between North Dahlia Street and North Kearney
Street in Council District 8. The Committee approved filing this resolution by consent
on 9-5-17.
17-0983 A resolution approving a proposed Event Agreement between the
City and County of Denver and The Urban Farm d/b/a The Urban Farm at
Stapleton to conduct multiple events.
Approves a non-financial agreement with The Urban Farm at Stapleton for six
months to hold two events known as Farm Fest consisting of barn dancing and a
community open house located at 10200 Smith Road in Council District 8
(201735811). The last regularly scheduled Council meeting within the 30-day review
period is on 10-9-17. The Committee approved filing this resolution by consent on
9-5-17.
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City Council Agenda Monday, September 18, 2017
17-0985 A resolution approving a proposed Cooperative Agreement
between the City and County of Denver and HistoriCorps for the Morrison
Civilian Conservation Corps Camp and historic restoration within Red Rocks
Park.
Approves a non-financial agreement with HistoriCorps for five years to occupy
Building 1 in the Red Rocks Park for administrative use in exchange for certain
historic facility restoration work (201736487). The last regularly scheduled Council
meeting within the 30-day review period is on 10-9-17. The Committee approved
filing this resolution by consent on 9-5-17.
Safety, Housing, Education & Homelessness Committee
17-0344 A resolution approving the mayoral appointments to the Denver
Asian Pacific American Commission.
Approves the Mayoral appointments of Nga Vuong-Sandoval and Adam You to the
Denver Asian Pacific American Commission for terms effective immediately and
expiring 1-22-19, or until successors are duly appointed. The Committee approved
filing this resolution by consent on 3-22-17.
17-1038 A resolution authorizing and approving the expenditure and
payment from the appropriation account designated “liability claims,” the
total sum of Sixty-Five Thousand Dollars ($65,000.00), payable to Keith
Gibson in the amount of $37,774.82 and Killmer, Lane & Newman, LLP, in
the amount of $27,225.18 in full payment and satisfaction of all claims in
Case No. 16-cv-01488-RPM, in the United States District Court for the
District of Colorado.
Settles a claim involving the Denver Sheriff’s Department. This resolution was
approved for filing at the Mayor-Council meeting on 9-12-17.
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City Council Agenda Monday, September 18, 2017
BILLS FOR INTRODUCTION
Finance & Governance Committee
17-0982 A bill for an ordinance making an appropriation within the Denver
Arts and Venues Special Revenue Fund.
Approves a $6.9 million supplemental budget appropriation request for Denver
Arts & Venues from the Arts and Venues Special Revenue Fund to cover the
costs of additional events in City venues due to higher than expected event
space utilization for 2017. The Committee approved filing this bill by consent
on 9-5-17.
Land Use, Transportation & Infrastructure Committee
17-0903 A bill for an ordinance designating the Packard’s Hill Historic
District, located generally between Lowell Boulevard on the east, 35th
Avenue on the north, the alley between Osceola Street and Perry Street on
the west, and 32nd Avenue on the south, as a district for preservation.
Approves the designation of Packard’s Hill as a Landmark Historic District for
preservation, bounded approximately by Lowell Boulevard & Osceola Street and
32nd Avenue & 35th 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 8-22-17.
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City Council Agenda Monday, September 18, 2017
BILLS FOR FINAL CONSIDERATION
Business, Arts, Workforce & Aeronautical Services
Committee
17-0938 A bill for an ordinance concerning certain airport facilities of the
City and County of Denver, authorizing the issuance of “City and County of
Denver, Colorado, for and on behalf of its Department of Aviation, Special
Facilities Airport Revenue Refunding Bonds (United Airlines, Inc. Project)
Series 2017” in a maximum aggregate principal amount of $280,000,000
for the purpose of refunding and defeasing all of the outstanding
$270,025,000 City and County of Denver, Colorado for and on behalf of its
Department of Aviation, Special Facilities Airport Revenue Refunding
Bonds (United Air Lines Project), Series 2007A; providing the form, terms
and other details of the Series 2017 Bonds; pledging to the payment of the
Series 2017 Bonds certain facilities rentals and a related Series 2017 Bond
Guaranty; providing various covenants, agreements and other provisions
concerning such airport facilities and the Series 2017 Bonds; authorizing
the execution and delivery by the City of a 2017 Amended and Restated
Special Facilities and Ground Lease with United Airlines, Inc. with respect
to such airport special facilities and related land; authorizing the execution
of certain related agreements; ratifying action previously taken relating to
the foregoing; and providing for other matters relating thereto.
Authorizes the Manager of Finance to issue City and County of Denver, for and on
behalf of its Department of Aviation, Special Facilities Airport Revenue Refunding
Bonds, Series 2017, in a par amount not to exceed $280 million for the purpose of
refunding outstanding Special Facilities Airport Revenue Bonds and paying costs of
issuance expenses. The last regularly scheduled Council meeting within the 30-day
review period is on 10-2-17. The Committee approved filing this bill by consent on
8-23-17.
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City Council Agenda Monday, September 18, 2017
17-0972 A bill for an ordinance concerning the Airport System of the City
and County of Denver; establishing the "Airport System General Junior Lien
Bond Ordinance"; authorizing and establishing general provisions relating
to Junior Lien Bonds and Junior Lien Obligations; providing the forms,
terms, and conditions of such Junior Lien Bonds and Junior Lien
Obligations; ratifying action previously taken; providing other matters
relating thereto; and providing the effective date hereof.
Authorizes the creation of the Airport System General Junior Lien Bond Ordinance
and thereby the general provisions and parameters for all future Junior Lien
Obligations for Denver International Airport, subject to further City Council approval,
and to provide for terms and conditions of such obligations. The last regularly
scheduled Council meeting within the 30-day review period is on 10-2-17. The
Committee approved filing this resolution by consent on 8-30-17.
17-0973 A bill for an ordinance concerning the incurrence of a Junior Lien
Obligation under the General Junior Lien Bond Ordinance in connection
with certain payments required to be made under the Great Hall
Development Agreement; providing for the creation of a related account in
connection therewith; ratifying action previously taken; providing for other
related matters; and providing the effective date hereof.
Authorizes the incurrence of a Junior Lien Obligation for the Great Hall Project,
pursuant to the Airport System General Junior Lien Bond Ordinance and Great Hall
Development Agreement, to allow the City to fulfill legal obligations for
supplemental payments as outlined in the Great Hall development agreement. The
last regularly scheduled Council meeting within the 30-day review period is on
10-2-17. The Committee approved filing this bill by consent on 8-30-17.
Finance & Governance Committee
17-0930 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 correct formatting errors and utilize the current
definition of a “Retailer or Vendor.” The Committee approved filing this bill by
consent on 8-22-17.
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City Council Agenda Monday, September 18, 2017
17-0931 A bill for an ordinance making a supplemental appropriation from
the General Fund Contingency to the Hearing Office.
Approves a supplemental appropriation in the amount of $302,000 from the
General Fund Contingency to fulfill the City’s obligation for a personnel
settlement. The Committee approved filing this bill by consent on 8-22-17.
17-0937 A bill for an Ordinance approving the City’s consent to the
dissolution of the Denver Union Station Project Authority and related
intergovernmental agreements including the DUSPA Omnibus Assignment
and Assumption Agreement and the DUSPA Dissolution Project
Coordination and Cash Fund Management Agreement.
Approves the dissolution of the Denver Union Station Project Authority and
assignment of outstanding responsibilities to the City and to the Regional
Transportation District including the 20th Street and Chestnut Place intersection
improvements and other duties. The last regularly scheduled Council meeting within
the 30-day review period is on 10-2-17. The Committee approved filing this bill by
consent on 8-22-17.
17-0960 A bill for an ordinance amending Ordinance 260, Series 2017,
concerning rescinding budget, transferring cash, and making
appropriations in the General Fund, General Government and Culture and
Recreation Special Revenue Funds of moneys designated by City Council
for various projects.
Amends Ordinance 260, Series of 2017, to transfer $3,000 from the Denver
Police General Fund budget to the Denver Police Donations Fund to correct a
previous error in designating funding for the Bear Valley Cop Shop in Council
District 2. The Committee approved filing this bill by consent on 8-29-17.
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City Council Agenda Monday, September 18, 2017
Land Use, Transportation & Infrastructure Committee
17-0914 A bill for an ordinance approving a proposed Intergovernmental
Agreement between the City and County of Denver and Board of Water
Commissioners, for reimbursement by Denver Water to relocate pipes in
Brighton Boulevard.
Approves an agreement with the Denver Water Board of Commissioners for
$3,637,060 and for three years to relocate their water lines which conflict with
improvements resulting from the reconstruction of Brighton Boulevard from 29th
Avenue to 40th Avenue and from 40th Avenue to 44th Avenue in Council District 9
(201736412). The last regularly scheduled Council meeting within the 30-day
review period is on 9-25-17. The Committee approved filing this bill by consent on
8-15-17.
17-0939 A bill for an ordinance approving a Framework Agreement and its
exhibits among the City and County of Denver, Colorado State University,
The Western Stock Show Association, and the National Western Center
Authority; and exempting the public buildings on the National Western
Center campus from the naming requirements of Section 2-275, D.R.M.C.
Approves a framework agreement with Colorado State University, the Western
Stock Show Association, and the National Western Center Authority for fifty years,
with two possible 25 year extensions, to authorize formation of an authority to
operate the new facilities and govern the roles and responsibilities of each party for
the redevelopment of the existing National Western Complex into a year-round
venue to preserve the National Western Stock Show in Denver for the next 100
years, provide room for new programming, provide connectivity to surrounding
neighborhoods, and bring more visitors to Denver. The last regularly scheduled
Council meeting within the 30-day review period is on 10-2-17. The Committee
approved filing this bill at its meeting on 8-29-17.
17-0961 A bill for an ordinance relinquishing the easement reserved in
Ordinance No. 15-0741, Series of 2015, recorded with Denver Clerk &
Recorder at Reception No. 2015154997, located at 1251 through 1295
Knox Court.
Relinquishes the easement reserved in Vacation Ordinance No. 15-0741, Series of
2015, Recordation No. 2015154997, located at 1251-1295 Knox Court in Council
District 3. The last regularly scheduled Council meeting within the 30-day review
period is on 10-2-17. The Committee approved filing this bill by consent on 8-29-17.
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City Council Agenda Monday, September 18, 2017
17-0962 A bill for an ordinance relinquishing a portion of the reservations
established in Ordinance No. 363, Series of 1967, located at 1701 South
Clayton Street.
Relinquishes the reservations established in Vacating Ordinance No. 363, Series of
1967, located at 1701 South Clayton Street in Council District 6. The last regularly
scheduled Council meeting within the 30-day review period is on 10-2-17. The
Committee approved filing this bill by consent on 8-29-17.
RECAP OF BILLS TO BE CALLED OUT
PRE-RECESS ANNOUNCEMENT
Tonight, there will be a required public hearing on Council Bill
17-0841, changing the zoning classification for 385, 395, 405 and
415 South Cherokee Street in Baker. Anyone wishing to speak on
this matter must see the Council Secretary to receive a speaker card
to fill out and return to her during the recess of Council.
RECESS
COUNCIL RECONVENES AND RESUMES ITS REGULAR
SESSION
PUBLIC HEARINGS - BILLS FOR FINAL CONSIDERATION
Land Use, Transportation & Infrastructure Committee
17-0841 A bill for an ordinance changing the zoning classification for 385,
395, 405 & 415 South Cherokee Street in Baker.
Approves an official map amendment to rezone property located at 385, 395, 405,
and 415 South Cherokee Street from I-B UO-2 to C-MX-16 in Council District 7. The
Committee approved filing this bill by consent on 8-8-17.
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City Council Agenda Monday, September 18, 2017
PRE-ADJOURNMENT ANNOUNCEMENT
Dependent upon publication, on Monday, September 25, 2017,
Council will hold a required public hearing on Council Bill 17-0903,
designating the Packard’s Hill Historic District, located generally
between Lowell Boulevard on the east, 35th Avenue on the north,
the alley between Osceola Street and Perry Street on the west, and
32nd Avenue on the south, as a district for preservation.
ADJOURN
PENDING
FOR 10-02-17
17-0912 A resolution to set a public hearing relating to the I-25 and
Broadway Urban Redevelopment Plan and directing the Denver Urban
Renewal Authority to take certain actions in connection with the hearing.
Sets a public hearing before City Council for 10-02-17 on the I-25 and Broadway
Urban Redevelopment Plan in Council District 7. The Committee approved filing this
resolution by consent on 8-15-17.
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