City Council

City Council Minutes Meeting Date: Monday, October 30, 2017 5:30 PM PLEDGE OF ALLEGIANCE Council member Clark led the Pledge of Allegiance. ROLL CALL Present: Black, Brooks, Clark, Espinoza, Flynn, Kashmann, Kniech, López, Ortega (9) Absent: Gilmore, Herndon, New, Susman (4) APPROVAL OF THE MINUTES 17-1222 Minutes of Monday, October 23, 2017 Council approved the minutes of Monday, October 23, 2017. Approved The minutes of meeting date, Monday, October 23, 2017, were distributed to Council. Council President Brooks ordered the minutes approved. COUNCIL ANNOUNCEMENTS Council members Flynn, Black, Espinoza, Ortega, and Brooks offered announcements. PRESENTATIONS COMMUNICATIONS PROCLAMATIONS MAYOR'S 2018 PROPOSED BUDGET 17-1180 Mayor’s Proposed 2018 Budget No Council members offered amendments to the Mayor's Proposed 2018 Budget. RESOLUTIONS Business, Arts, Workforce & Aeronautical Services Committee Block Vote Block Vote A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, to approve the following items en bloc. The motion carried by the following vote: Approved the consent agenda Aye: Black, Brooks, Clark, Espinoza, Flynn, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) Page 1 17-1146 A resolution approving a proposed Agreement between the City and County of Denver and Copania Panamena de Aviacion S.A., d/b/a Copa Airlines concerning a use and lease agreement at Denver International Airport. Approves a one-year use and lease agreement with Compania Panameña de Aviacion S.A., doing business as Copa Airlines, in the amount of $638,000 in annual revenue to operate and provide passenger air service at Denver International Airport (201735732). The last regularly scheduled Council meeting within the 30-day review period is on 11-13-17. The Committee approved filing this resolution by consent on 10-18-17. A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, that Council Resolution 17-1146 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Espinoza, Flynn, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) Finance & Governance Committee 17-1135 A resolution approving a proposed Fourth Amendatory Agreement by and between the City and County of Denver and Denver Regional Council of Governments to continue to provide aerial image acquisition, extend term and increase compensation. Adds $578,475 and six years to a contract with Denver Regional Council of Governments (DRCOG) for a new total of $1.5 million and end date of 12-31-23 for digital aerial photography, LiDAR and other GIS data to support planning, review, assessment, and other services for numerous City agencies (TECHS-CE83038). The last regularly scheduled Council meeting within the 30-day review period is on 11-13-17. The Committee approved filing this resolution by consent on 10-17-17. A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, that Council Resolution 17-1135 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Espinoza, Flynn, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) Page 2 Land Use, Transportation & Infrastructure Committee 17-1077 A resolution approving a proposed Contract between the City and County of Denver and Sport Court of the Rockies LLC for replacement of tennis courts and additional improvements at Berkeley Park. Approves a contract with Sport Court of the Rockies LLC for $518,043.40 and for seven months for the replacement of the south tennis courts at Berkeley Park including fencing, site amenities, lighting upgrades, a new electrical service, site work, landscaping, and irrigation work in Council District 1 (201736166). The last regularly scheduled Council meeting within the 30-day review period is on 11-13-17. The Committee approved filing this resolution by consent on 10-3-17. A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, that Council Resolution 17-1077 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Espinoza, Flynn, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) 17-1136 A resolution granting a revocable permit to ODC Investments, Inc., to encroach into the right-of-way at 1696 West Evans Avenue. Grants a revocable permit to ODC Investments, Inc. to encroach into the right-of-way with a building wall at 1696 West Evans Avenue in Council District 7. The Committee approved filing this resolution by consent on 10-17-17. A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, that Council Resolution 17-1136 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Espinoza, Flynn, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) 17-1139 A resolution granting a revocable permit to Second Avenue Development Partners, LLC, to encroach into the right-of-way at 2727 East 2nd Avenue. Grants a revocable permit to Second Avenue Development Partners, LLC to encroach into the right-of-way with an underground parking garage, an ADA accessible ramp, and a set of stairs and railings located at 2727 East 2nd Avenue in Council District 10. The Committee approved filing this resolution by consent on 10-17-17. A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, that Council Resolution 17-1139 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Espinoza, Flynn, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) Page 3 17-1148 A resolution approving a proposed License Agreement and Covenant between the City and County of Denver and Carleen Zeburh Schneiter and Stephen Schneiter for continued access and maintenance of Chief Hosa Road through Genesee Park. Approves a non-financial license agreement in perpetuity with Carleen Zeburh Schneiter and Stephen Schneiter for access and maintenance of Chief Hosa Road in Genesee Park which serves as the sole access to the property at 26052 Chief Hosa Road in Jefferson County (201737175). The last regularly scheduled Council meeting within the 30-day review period is on 11-13-17. The Committee approved filing this resolution by consent on 10-17-17. A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, that Council Resolution 17-1148 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Espinoza, Flynn, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) 17-1150 A resolution approving a proposed Professional Services Agreement between the City and County of Denver and Dewlaney Sports Enterprises, LLC, d/b/a Dewlaney's Sports Officials & Dewlaney's Fly-Fishing Guide Services, to provide sports officials or umpires for adult and youth sports programs. Approves a contract with Dewlaney Sports Enterprises, LLC for $750,000 and for three years for sports officials and umpires for adult softball, flag football, soccer, and basketball; and, for youth flag football, basketball, baseball, and softball at 12 recreation centers and 20 sports fields citywide (201737159). The last regularly scheduled Council meeting within the 30-day review period is on 11-13-17. The Committee approved filing this resolution by consent on 10-17-17. A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, that Council Resolution 17-1150 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Espinoza, Flynn, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) Safety, Housing, Education & Homelessness Committee 17-1134 A resolution approving the Mayor’s appointment to the Denver American Indian Commission. Approves the Mayoral appointment of Chenoa Crowshoe-Patterson to the Denver American Indian Commission for a term effective immediately and expiring on 7-11-19, or until a successor is duly appointed. The Committee approved filing this resolution by consent on 10-18-17. A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, that Council Resolution 17-1134 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Espinoza, Flynn, Kashmann, Kniech, López, Ortega (9) Page 4 Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) 17-1154 A resolution approving the Mayor’s appointment to the Five Points Business Improvement District Board of Directors. Approves the Mayoral appointment of Maedella Stiger to the Five Points Business Improvement District Board of Directors for a term effective immediately and expiring 12-31-18, or until a successor is duly appointed. The Committee approved filing this resolution by consent on 10-18-17. A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, that Council Resolution 17-1154 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Espinoza, Flynn, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) 17-1226 A resolution authorizing and approving the expenditure and payment from the appropriation account designated “liability claims,” the total sum of Twenty Thousand Dollars and no cents ($20,000.00), payable to Andrew Magallanes-Enders and Mark A. Simon in full payment and satisfaction of all claims in Case No. 16CV33042, in the District Court, County of Arapahoe, Centennial, Colorado. Settles a claim involving the Denver Police Department. This resolution was approved for filing at the Mayor-Council meeting on 10-24-17. A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, that Council Resolution 17-1226 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Espinoza, Flynn, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) Page 5 BILLS FOR INTRODUCTION Business, Arts, Workforce & Aeronautical Services Committee 17-1145 A bill for an ordinance approving a proposed Intergovernmental Agreement between the City and County of Denver and Aviation Station North Metropolitan District No. 1 regarding the operation and maintenance of the Peña-Next Station development project at Denver International Airport. Approves a five-year intergovernmental agreement with Aviation Station North Metropolitan District No. 1 in the amount of $800,000 for the operation and maintenance of the Peña-Next Station development project, including the commuter rail stop, the Panasonic Enterprise Solutions Company (PESCO) headquarters, and surrounding transit-oriented development, located from Peña Boulevard to Tower Road and 56th Avenue to 64th Avenue in Council District 11 (201737149). The last regularly scheduled Council meeting within the 30-day review period is on 11-13-17. The Committee approved filing this bill by consent on 10-18-17. Council Bill 17-1145 was ordered published on first reading. Ordered published on first reading Land Use, Transportation & Infrastructure Committee 17-1151 A bill for an ordinance approving a proposed Intergovernmental Agreement between the City and County of Denver and the City of Commerce City for design, construction, and funding related to Tower Road Widening and the Tower Road/Pena Boulevard Interchange. Approves an intergovernmental agreement with Commerce City for $6.5 million and for four years to extend and build the Tower Road Widening construction project from the southern boundary of Commerce City into the City to the intersection of the Tower Road and Peña Boulevard Interchange (201737072). The last regularly scheduled Council meeting within the 30-day review period is on 11-13-17. The Committee approved filing this bill by consent on 10-17-17. Council Bill 17-1151 was ordered published on first reading. Ordered published on first reading 17-1152 A bill for an ordinance vacating a portion of the right of way near the intersection of Wynkoop Street and 40th Street, with reservations. Vacates a portion of the right-of-way at approximately Wynkoop Street and 40th Street with reservations in Council District 9. The Committee approved filing this bill by consent on 10-17-17. Council Bill 17-1152 was ordered published on first reading. Ordered published on first reading Page 6 Safety, Housing, Education & Homelessness Committee 17-1058 A bill for an ordinance approving a proposed Third Amendatory Agreement between the City and County of Denver and Denver Health and Hospital Authority to provide transitional residential treatment services with funding through the Crime Prevention Control Commission. Amends a contract with Denver Health and Hospital Authority (DHHA) - Transitional Residential Treatment (TRT) by adding $230,759 for a new contract total in the amount of $783,216, and to extend the term one year through 9-30-18 to provide services to a minimum of 30 individuals per year involved with the criminal justice system within a comprehensive continuum of care at DHHA's detoxification center Denver CARES (2015-23052-03). The last regularly scheduled Council meeting within the 30-day review period is on 11-13-17. The Committee approved filing this bill by consent on 9-27-17. Council Bill 17-1058 was ordered published on first reading. Ordered published on first reading 17-1142 A bill for an ordinance approving a proposed Agreement between the City and County of Denver and Denver Health and Hospital Authority for emergency and financial assistance programs pursuant to the Ryan White Grant program. Approves a one-year agreement with Denver Health and Hospital Authority (DHHA) in the amount of $1,259,951 for outpatient and ambulatory medical care, medical case management, mental health, and early intervention services to individuals living with HIV/AIDS citywide (201736499-00). The last regularly scheduled Council meeting within the 30-day review period is on 11-13-17. The Committee approved filing this bill by consent on 10-18-17. Council Bill 17-1142 was ordered published on first reading. Ordered published on first reading 17-1229 A bill for an ordinance amending Ordinance 20170726, Series of 2017, to extend certain timeframes related to the ability of owners and tenants to apply for compliance plans and conditional certificates of occupancy who do not voluntary disclose the presence of unpermitted work in their buildings. Amends Ordinance 20170726, Series of 2017, to change all references of “January 19, 2018” in the ordinance to “March 2, 2019”. This bill is filed by the authority of Councilmembers Kashmann and Ortega. Council Bill 17-1229 was ordered published on first reading. Ordered published on first reading Page 7 BILLS FOR FINAL CONSIDERATION Land Use, Transportation & Infrastructure Committee 17-1101 A bill for an ordinance vacating a portion of right-of-way near the intersection of 36th Street and North Brighton Boulevard, without reservations. Vacates a portion of the right-of-way adjacent to 3600 Brighton Boulevard along 36th Street, without reservations, in Council District 9. The Committee approved filing this bill by consent on 10-10-17. A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, that Council Bill 17-1101 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, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) 17-1104 A bill for an ordinance assessing the annual costs of the continuing care, operation, repair, maintenance and replacement of the Tennyson Street II Pedestrian Mall Local Maintenance District upon the real property, exclusive of improvements thereon, benefited. Approves the 2018 annual costs of the continuing care, operation, repair, maintenance, and replacement of the Tennyson Street II Pedestrian Mall Local Maintenance District in Council District 1. The Committee approved filing this bill by consent on 10-10-17. A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, that Council Bill 17-1104 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, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) 17-1105 A bill for an ordinance assessing the annual costs of the continuing care, operation, repair, maintenance and replacement of the West 44th Avenue and Eliot Street Pedestrian Mall Local Maintenance District upon the real property, exclusive of improvements thereon, benefited. Approves the 2018 annual costs of the continuing care, operation, repair, maintenance, and replacement of the West 44th Avenue and Eliot Street Pedestrian Mall Local Maintenance District in Council District 1. The Committee approved filing this bill by consent on 10-10-17. A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, that Council Bill 17-1105 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, Kashmann, Kniech, López, Ortega (9) Page 8 Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) 17-1106 A bill for an ordinance assessing the annual costs of the continuing care, operation, repair, maintenance and replacement of the West 32nd Avenue Pedestrian Mall Local Maintenance District upon the real property, exclusive of improvements thereon, benefited. Approves the 2018 annual costs of the continuing care, operation, repair, maintenance, and replacement of the West 32nd Avenue Pedestrian Mall Local Maintenance District in Council District 1. The Committee approved filing this bill by consent on 10-10-17. A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, that Council Bill 17-1106 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, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) 17-1107 A bill for an ordinance assessing the annual costs of the continuing care, operation, repair, maintenance and replacement of the Broadway Pedestrian Mall A Local Maintenance District upon the real property, exclusive of improvements thereon, benefited. Approves the 2018 annual costs of the continuing care, operation, repair, maintenance, and replacement of the Broadway Pedestrian Mall A Local Maintenance District in Council District 7. The Committee approved filing this bill by consent on 10-10-17. A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, that Council Bill 17-1107 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, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) Page 9 17-1108 A bill for an ordinance assessing the annual costs of the continuing care, operation, repair, maintenance and replacement of the South Broadway Streetscape (Arizona Avenue to Iowa Avenue) Local Maintenance District upon the real property, exclusive of improvements thereon, benefited. Approves the 2018 annual costs of the continuing care, operation, repair, maintenance, and replacement of the South Broadway Streetscape (Arizona Avenue to Iowa Avenue) Local Maintenance District in Council District 7. The Committee approved filing this bill by consent on 10-10-17. A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, that Council Bill 17-1108 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, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) 17-1109 A bill for an ordinance assessing the annual costs of the continuing care, operation, repair, maintenance and replacement of the South Broadway Streetscape (Wesley Avenue to Yale Avenue) Local Maintenance District upon the real property, exclusive of improvements thereon, benefited. Approves the 2018 annual costs of the continuing care, operation, repair, maintenance, and replacement of the South Broadway Streetscape (Wesley Avenue to Yale Avenue) Local Maintenance District in Council Districts 6 and 7. The Committee approved filing this bill by consent on 10-10-17. A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, that Council Bill 17-1109 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, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) Page 10 17-1110 A bill for an ordinance assessing the annual costs of the continuing care, operation, repair, maintenance and replacement of the South Broadway Streetscape (Iowa Avenue to Wesley Avenue) Local Maintenance District upon the real property, exclusive of improvements thereon, benefited. Approves the 2018 annual costs of the continuing care, operation, repair, maintenance, and replacement of the South Broadway Streetscape (Iowa Avenue to Wesley Avenue) Local Maintenance District in Council Districts 6 and 7. The Committee approved filing this bill by consent on 10-10-17. A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, that Council Bill 17-1110 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, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) 17-1111 A bill for an ordinance assessing the annual costs of the continuing care, operation, repair, maintenance and replacement of the Tennyson Streetscape (Portions of West 38th Avenue to West 44th Avenue) Local Maintenance District upon the real property, exclusive of improvements thereon, benefited. Approves the 2018 annual costs of the continuing care, operation, repair, maintenance, and replacement of the Tennyson Streetscape (West 38th Avenue to West 44th Avenue) Local Maintenance District in Council District 1. The Committee approved filing this bill by consent on 10-10-17. A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, that Council Bill 17-1111 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, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) 17-1112 A bill for an ordinance assessing the annual costs of the continuing care, operation, repair, maintenance and replacement of the 15th Street Pedestrian Mall Local Maintenance District upon the real property, exclusive of improvements thereon, benefited. Approves the 2018 annual costs of the continuing care, operation, repair, maintenance, and replacement of the 15th Street Pedestrian Mall Local Maintenance District in Council District 9. The Committee approved filing this bill by consent on 10-10-17. A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, that Council Bill 17-1112 be placed upon final consideration and do pass en bloc, carried by the following vote: Placed upon final consideration and do pass Page 11 Aye: Black, Brooks, Clark, Espinoza, Flynn, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) 17-1113 A bill for an ordinance assessing the annual costs of the continuing care, operation, repair, maintenance and replacement of the 20th Street Pedestrian Mall Local Maintenance District upon the real property, exclusive of improvements thereon, benefited. Approves the 2018 annual costs of the continuing care, operation, repair, maintenance, and replacement of the 20th Street Pedestrian Mall Local Maintenance District in Council District 9. The Committee approved filing this bill by consent on 10-10-17. A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, that Council Bill 17-1113 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, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) 17-1114 A bill for an ordinance assessing the annual costs of the continuing care, operation, repair, maintenance and replacement of the Consolidated Larimer Street Pedestrian Mall Local Maintenance District upon the real property, exclusive of improvements thereon, benefited. Approves the 2018 annual costs of the continuing care, operation, repair, maintenance, and replacement of the Consolidated Larimer Street Pedestrian Mall Local Maintenance District in Council District 9. The Committee approved filing this bill by consent on 10-10-17. A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, that Council Bill 17-1114 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, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) Page 12 17-1115 A bill for an ordinance assessing the annual costs of the continuing care, operation, repair, maintenance and replacement of the Santa Fe Drive Pedestrian Mall C Local Maintenance District upon the real property, exclusive of improvements thereon, benefited. Approves the 2018 annual costs of the continuing care, operation, repair, maintenance, and replacement of the Santa Fe Drive Pedestrian Mall C Local Maintenance District in Council District 7. The Committee approved filing this bill by consent on 10-10-17. A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, that Council Bill 17-1115 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, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) 17-1116 A bill for an ordinance assessing the annual costs of the continuing care, operation, repair, maintenance and replacement of the St. Luke’s Pedestrian Mall Local Maintenance District upon the real property, exclusive of improvements thereon, benefited. Approves the 2018 annual costs of the continuing care, operation, repair, maintenance, and replacement of the St. Luke’s Pedestrian Mall Local Maintenance District in Council Districts 9 and 10. The Committee approved filing this bill by consent on 10-10-17. A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, that Council Bill 17-1116 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, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) 17-1117 A bill for an ordinance assessing the annual costs of the continuing care, operation, repair, maintenance and replacement of the Delgany Street Local Maintenance District upon the real property, exclusive of improvements thereon, benefited. Approves the 2018 annual costs of the continuing care, operation, repair, maintenance, and replacement of the Delgany Street Pedestrian Mall Local Maintenance District in Council District 9. The Committee approved filing this bill by consent on 10-10-17. A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, that Council Bill 17-1117 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, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Page 13 Absent: Gilmore, Herndon, New, Susman (4) 17-1118 A bill for an ordinance assessing the annual costs of the continuing care, operation, repair, maintenance and replacement of the East 13th Avenue Pedestrian Mall Local Maintenance District upon the real property, exclusive of improvements thereon, benefited. Approves the 2018 annual costs of the continuing care, operation, repair, maintenance, and replacement of the East 13th Avenue Pedestrian Mall Local Maintenance District in Council District 10. The Committee approved filing this bill by consent on 10-10-17. A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, that Council Bill 17-1118 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, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) 17-1119 A bill for an ordinance assessing the annual costs of the continuing care, operation, repair, maintenance and replacement of the South Downing Street Pedestrian Mall Local Maintenance District upon the real property, exclusive of improvements thereon, benefited. Approves the 2018 annual costs of the continuing care, operation, repair, maintenance, and replacement of the South Downing Street Pedestrian Mall Local Maintenance District in Council District 6. The Committee approved filing this bill by consent on 10-10-17. A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, that Council Bill 17-1119 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, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) Page 14 Safety, Housing, Education & Homelessness Committee 17-1103 A bill for an ordinance approving a proposed Second Amended and Restated Operating Agreement and Appendices for Fiscal Year 2018 between the City and County of Denver and Denver Health and Hospital Authority, providing for the amounts to be paid for services by the City and County of Denver and by the Denver Health and Hospital Authority for Fiscal Year 2018 and amending other provisions of the Second Amended and Restated Operating Agreement and Appendices for Fiscal Year 2018. Approves the 2018 Denver Health and Hospital Authority operating agreement (ENVHL-CE60436-29). The last regularly scheduled Council meeting within the 30-day review period is on 11-13-17. The Committee approved filing this bill at its meeting on 10-11-17. A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, that Council Bill 17-1103 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, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) 17-1125 AS AMENDED a bill for an ordinance amending Article IX of Chapter 24 and Article I of Chapter 38 of the Denver Revised Municipal Code to prohibit smoking of tobacco and marijuana products on the 16th Street Pedestrian and Transit Mall and to regulate smoking of tobacco and marijuana products in certain public places. Amends the Denver Revised Municipal Code regarding smoking prohibitions and marijuana products on the 16th Street Pedestrian and Transit Mall. The Committee approved filing this bill at its meeting on 10-11-17. Amended 10-30-17 to give Council opportunity to re-evaluate the smoking ordinance to assure that the enactment is for public benefit and positive health outcomes and that certain populations are not unnecessarily impacted by the ordinance in negative outcomes. A motion offered by Councilman Clark, duly seconded by Councilman Kashmann, that Council Bill 17-1125 be placed upon final consideration and do pass, was followed by a motion offered by Councilman Kashmann, duly seconded by Councilwoman Kniech, that Council Bill 17-1125 be amended add a new section “(d) entitled, Reporting Requirement. The Denver Police Department shall prepare a report concerning tickets issued pursuant to this ordinance and distribute it to the City Council quarterly.” The motion carried by the following vote: Amended Aye: Black, Brooks, Clark, Espinoza, Flynn, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) Page 15 A motion offered by Councilman Kashmann, duly seconded by Councilwoman Ortega, that Council Bill 17-1125 be amended after the year “2017” add the following language to the sentence, “and Sections 24-304(b)(6) and 38-9 will be repealed two years after the effective date.” The motion FAILED by the following vote: Amended Aye: Espinoza, Kashmann, Ortega (3) Nay: Black, Brooks, Clark, Flynn, Kniech, López (6) Absent: Gilmore, Herndon, New, Susman (4) A motion offered by Councilman Clark, duly seconded by Councilwoman Kniech, that Council Bill 17-1125 be ordered published as amended. The motion carried by the following vote: Ordered published as amended Aye: Black, Brooks, Clark, Espinoza, Flynn, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) A corrected motion offered by Councilman Brooks, duly seconded by Councilman Kashmann, that Bill 17-1125 be placed upon final consideration and do pass as amended. The corrected motion carried by the following vote: Placed upon final consideration and do pass as amended Aye: Black, Brooks, Clark, Espinoza, Flynn, Kashmann, Kniech, López, Ortega (9) Nay: (None) (0) Absent: Gilmore, Herndon, New, Susman (4) RECAP OF BILLS TO BE CALLED OUT PRE-RECESS ANNOUNCEMENT RECESS Council did not take a recess. COUNCIL RECONVENES AND RESUMES ITS REGULAR SESSION PUBLIC HEARINGS - BILLS FOR FINAL CONSIDERATION PRE-ADJOURNMENT ANNOUNCEMENT Page 16 ADJOURN There being no further business before the City Council, Council President Brooks adjourned the meeting at 6:29 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 17