City Council

City Council Minutes Meeting Date: Monday, February 25, 2019 5:30 PM PLEDGE OF ALLEGIANCE Council member Flynn led the Pledge of Allegiance. ROLL CALL Council member Herndon arrived late. Present: Black, Brooks, Clark, Flynn, Herndon, Kashmann, Kniech, López, New, Ortega, Susman (11) Absent: Espinoza, Gilmore (2) APPROVAL OF THE MINUTES 19-0167 Minutes of Tuesday, February 19, 2019 Council Minutes 19-0167 were approved. Approved The minutes of meeting date Tuesday, February 19, 2019 were distributed to Council. Council President Clark ordered the minutes approved. COUNCIL ANNOUNCEMENTS Council members Ortega, Flynn, Brooks and Kniech offered announcements. PRESENTATIONS COMMUNICATIONS PROCLAMATIONS 19-0143 A proclamation urging Colorado State Legislature to pass a local wage option. A motion offered by Councilman López, duly seconded by Councilwoman Ortega, that Council Proclamation 19-0143 be adopted. The motion carried by the following vote: Adopted Aye: Black, Brooks, Clark, Flynn, Kashmann, Kniech, López, New, Ortega, Susman (10) Nay: (None) (0) Absent: Espinoza, Gilmore, Herndon (3) 19-0166 A proclamation honoring Dr. Charles “Chuck” Brantigan as he retires as Chair of the Healthcare District Design Forum. A motion offered by Councilman Brooks, duly seconded by Councilman López, that Council Proclamation 19-0166 be adopted. The motion carried by the following vote: Adopted Aye: Black, Brooks, Clark, Flynn, Herndon, Kashmann, Kniech, López, New, Ortega, Susman (11) Nay: (None) (0) Absent: Espinoza, Gilmore (2) Page 1 RESOLUTIONS Business, Arts, Workforce, & Aviation Services Committee Block Vote A motion offered by Councilman Flynn, duly seconded by Councilman Herndon, to approve the following items en bloc. The motion carried by the following vote: Approved the consent agenda Aye: Black, Brooks, Clark, Flynn, Herndon, Kashmann, Kniech, López, New, Ortega, Susman (11) Nay: (None) (0) Absent: Espinoza, Gilmore (2) 19-0116 A resolution approving a proposed first Amendment between the City and County of Denver and Aero Snow Removal Corp. concerning snow removal services at Denver International Airport. Amends a contract with Aero Snow Removal Corp. to include additional snow removal services at the south cargo area at Denver International Airport. No change to contract amount or duration (201416659-01). The last regularly scheduled Council meeting within the 30-day review period is on 3-18-19. The Committee approved filing this item at its meeting on 2-13-19. A motion offered by Councilman Flynn, duly seconded by Councilman Herndon, that Council Resolution 19-0116 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Flynn, Herndon, Kashmann, Kniech, López, New, Ortega, Susman (11) Nay: (None) (0) Absent: Espinoza, Gilmore (2) Finance & Governance Committee 19-0100 A resolution approving the Mayor’s appointments to the Denver Preschool Program Board of Directors. Approves the Mayoral appointments of Chris Daues and Erin Brown to the Denver Preschool Program Board of Directors for terms effective immediately and expiring 12-31-21, or until a successor is duly appointed. The Committee approved filing this resolution by consent on 2-12-19. A motion offered by Councilman Flynn, duly seconded by Councilman Herndon, that Council Resolution 19-0100 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Flynn, Herndon, Kashmann, Kniech, López, New, Ortega, Susman (11) Nay: (None) (0) Absent: Espinoza, Gilmore (2) Page 2 19-0101 A resolution approving the Mayor’s appointment to the West Colfax Business Improvement District Board of Directors. Approves the Mayoral appointment of Dennis Gonzalez to the West Colfax Business Improvement District Board of Directors for a term effective immediately and expiring 10-3-20, or until a successor is duly appointed. The Committee approved filing this resolution by consent on 2-12-19. A motion offered by Councilman Flynn, duly seconded by Councilman Herndon, that Council Resolution 19-0101 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Flynn, Herndon, Kashmann, Kniech, López, New, Ortega, Susman (11) Nay: (None) (0) Absent: Espinoza, Gilmore (2) 19-0102 A resolution approving the Mayor’s appointments to the Denver Women’s Commission. Approves the Mayoral appointments of Demetria Burgess, Stephanie Puello, Veronique Van Gheem, Zarah Levy, Shahira Qudrat, and Erin Trapp to the Denver Women's Commission for terms effective immediately and expiring 6-30-20, or until a successor is duly appointed. The Committee approved filing this resolution by consent on 2-12-19. A motion offered by Councilman Flynn, duly seconded by Councilman Herndon, that Council Resolution 19-0102 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Flynn, Herndon, Kashmann, Kniech, López, New, Ortega, Susman (11) Nay: (None) (0) Absent: Espinoza, Gilmore (2) 19-0108 A resolution approving the Mayor’s appointment to the River North General Improvement District Board of Directors. Approves the Mayoral appointment of Liam Girard to the River North General Improvement District Board of Directors for a term effective immediately and expiring 12-31-21, or until a successor is duly appointed. The Committee approved filing this resolution by consent on 2-12-19. A motion offered by Councilman Flynn, duly seconded by Councilman Herndon, that Council Resolution 19-0108 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Flynn, Herndon, Kashmann, Kniech, López, New, Ortega, Susman (11) Nay: (None) (0) Absent: Espinoza, Gilmore (2) Page 3 19-0115 A resolution approving a proposed Third Amendment to Sublease Agreement between the City and County of Denver and DP Media Network LLP for additional improvements at 101 West Colfax Avenue. Amends a lease agreement with DP Media Network LLC, by adding $370,000 for a new total of $31,689,346.69 to reimburse the sub landlord for essential improvements requested by the city and for services such as carpet cleaning, key copies and minor repairs and other improvements for office space on multiple floors of the Denver Post building at 101 West Colfax Avenue. No change to contract duration (201626030-03). The last regularly scheduled Council meeting within the 30-day review period is on 3-18-19. The Committee approved filing this item at its meeting on 2-12-19. A motion offered by Councilman Flynn, duly seconded by Councilman Herndon, that Council Resolution 19-0115 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Flynn, Herndon, Kashmann, Kniech, López, New, Ortega, Susman (11) Nay: (None) (0) Absent: Espinoza, Gilmore (2) Land Use, Transportation & Infrastructure Committee 19-0105 A resolution laying out, opening and establishing as part of the City street system a parcel of land as East Colfax Avenue near the intersection of East Colfax Avenue and North Cherry Street. Dedicates a parcel of land as public right of way as East Colfax Avenue, located near the intersection of East Colfax Avenue and North Cherry Street in Council District 8. The Committee approved filing this item at its meeting on 2-12-19. A motion offered by Councilman Flynn, duly seconded by Councilman Herndon, that Council Resolution 19-0105 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Flynn, Herndon, Kashmann, Kniech, López, New, Ortega, Susman (11) Nay: (None) (0) Absent: Espinoza, Gilmore (2) 19-0106 A resolution laying out, opening and establishing as part of the City street system parcels of land as East Colfax Avenue and a public alley located at or near the intersection of East Colfax Avenue and North Xanthia Street. Dedicates a parcel of land as public right of way as public alley and East Colfax Avenue, located at the intersection of East Colfax Avenue and North Xanthia Street in Council District 8. The Committee approved filing this item at its meeting on 2-12-19. A motion offered by Councilman Flynn, duly seconded by Councilman Herndon, that Council Resolution 19-0106 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Flynn, Herndon, Kashmann, Kniech, López, New, Ortega, Susman (11) Nay: (None) (0) Page 4 Absent: Espinoza, Gilmore (2) 19-0107 A resolution laying out, opening and establishing as part of the City street system a parcel of land as a public alley bounded by 26th Street, Welton Street and North Washington Street. Dedicates a parcel of land as public right of way as public alley, located in the alley bounded by 26th Street, Welton Street and North Washington Street in Council District 9. The Committee approved filing this item at its meeting on 2-12-19. A motion offered by Councilman Flynn, duly seconded by Councilman Herndon, that Council Resolution 19-0107 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Flynn, Herndon, Kashmann, Kniech, López, New, Ortega, Susman (11) Nay: (None) (0) Absent: Espinoza, Gilmore (2) Safety, Housing, Education & Homelessness Committee 18-1344 A resolution approving a proposed Second Amendatory Agreement between the City and County of Denver and The Colorado Coalition for the Homeless to provide housing placement and treatment services to the homeless. Amends a contract with Colorado Coalition for the Homeless by adding $350,000 for a new total of $1,050,000 and one year for a new end date of 12-31-19 for housing placement and treatment services to chronically homeless adults, citywide (SOCSV- 2016-31656-02). The last regularly scheduled Council meeting within the 30-day review period is on 3-18-19. The Committee approved filing this item at its meeting on 11-21-18. A motion offered by Councilman Flynn, duly seconded by Councilman Herndon, that Council Resolution 18-1344 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Brooks, Clark, Flynn, Herndon, Kashmann, Kniech, López, New, Ortega, Susman (11) Nay: (None) (0) Absent: Espinoza, Gilmore (2) 19-0164 A resolution authorizing and approving the expenditure and payment from the appropriation account designated “liability claims,” the total sum of Twenty-Eight Thousand Dollars and no cents ($28,000.00), payable to Walter Banks and Christopher Kenny, P.C. in the amount of Fourteen Thousand Dollars and no cents ($14,000.00), and to Yolany Banks and Christopher Kenny, P.C. in the amount of Fourteen Thousand Dollars and no cents ($14,000.00), in full payment and satisfaction of all claims related to Case No. 2018CV30777 pending in the District Court, Jefferson County, Colorado. Settles a claim involving the Denver Police Department. This resolution was approved for filing at the Mayor Council meeting on 2-19-19. A motion offered by Councilman Flynn, duly seconded by Councilman Herndon, that Council Resolution 19-0164 be adopted en bloc, carried by the following vote: Adopted Page 5 Aye: Black, Brooks, Clark, Flynn, Herndon, Kashmann, Kniech, López, New, Ortega, Susman (11) Nay: (None) (0) Absent: Espinoza, Gilmore (2) BILLS FOR INTRODUCTION Finance & Governance Committee 19-0081 A bill for an ordinance establishing a new fund in the Public Health Special Revenue Fund Series for the “Caring for Denver” Fund and appropriating budget for the fund in 2019. Establishes the Caring for Denver Special Revenue Fund and appropriates $37,014,414 to the fund for fiscal year 2019 as part of a voter-approved ballot measure, for a variety of mental health services and treatment for children and adults, citywide. The Committee approved filing this item at its meeting on 2-12-19. Council Bill 19-0081 was ordered published on first reading Ordered published on first reading 19-0082 A bill for an ordinance establishing a new fund in the Public Health Special Revenue Fund Series for the “Healthy Food for Denver’s Kids” Fund and appropriating budget for the fund in 2019. Establishes the Healthy Food for Denver’s Kids Special Revenue Fund and appropriates $11,844,613 to the fund for fiscal year 2019 as part of a voter-approved ballot measure, for food and food-based education to primarily low-income and at-risk youth, citywide. The Committee approved filing this item at its meeting on 2-12-19. Council Bill 19-0082 was ordered published on first reading Ordered published on first reading 19-0083 A bill for an ordinance establishing a new fund in the Culture and Recreation Special Revenue Fund Series for the “Parks, Trails, and Open Space” Fund and appropriating budget for the fund in 2019. Establishes the Parks, Trails, and Open Space Special Revenue Fund and appropriates $37,014,414 to fund for fiscal year 2019 as part of a voter-approved ballot measure, for acquiring additional land for parks, open spaces, and trails, citywide. The Committee approved filing this item at its meeting on 2-12-19. Council Bill 19-0083 was ordered published on first reading Ordered published on first reading Page 6 19-0084 A bill for an ordinance establishing a new fund in the General Government Special Revenue Fund Series for the “College Affordability” Fund and appropriating budget for the fund in 2019. Establishes the College Affordability Special Revenue Fund and appropriates $11,844,613 to the fund for fiscal year 2019 as part of a voter-approved ballot measure, for programs that increase college enrollment and degree completion by Denver residents who are earning a degree from a public or not-for-profit college, university, community college, or technical school in Colorado. The Committee approved filing this item at its meeting on 2-12-19. Council Bill 19-0084 was ordered published on first reading Ordered published on first reading 19-0103 A bill for an ordinance establishing a new fund in the General Government Special Revenue Fund for “State Grants”. Establishes the State Grants Special Revenue Fund in the General Government Special Revenue Fund series to accept funding from state grants. The Committee approved filing this item at its meeting on 2-12-19. Council Bill 19-0103 was ordered published on first reading Ordered published on first reading 19-0120 A bill for an ordinance amending Section 18-81, D.R.M.C., setting the salaries of elected officers for terms beginning July 15, 2019. A bill for an ordinance amending Section 18-81, D.R.M.C., setting the salaries of elected officers for terms beginning July 15, 2019. The Committee approved filing this item at its meeting on 2-12-19. A motion offered by Councilman Flynn, duly seconded by Councilman Herndon, that Council Bill 19-0120 be ordered published. The motion carried by the following vote: Ordered published on first reading Aye: Brooks, Clark, Herndon, Kashmann, Kniech, López, Ortega, Susman (8) Nay: Black, Flynn, New (3) Absent: Espinoza, Gilmore (2) Page 7 BILLS FOR FINAL CONSIDERATION Finance & Governance Committee 19-0080 A bill for an ordinance establishing a new fund in the Capital Improvements and Capital Maintenance Fund Series for the “Strategic Shelter Facilities” program. Establishes the Strategic Shelter Facilities Capital Fund in the Capital Improvement Fund as a follow-up administrative financial action to support the $3.35M appropriated for citywide Strategic Shelter Facilities projects as part of the 2019 budget. The Committee approved filing this item at its meeting on 2-5-19. A motion offered by Councilman Flynn, duly seconded by Councilman Herndon, that Council Bill 19-0080 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, Flynn, Herndon, Kashmann, Kniech, López, New, Ortega, Susman (11) Nay: (None) (0) Absent: Espinoza, Gilmore (2) 19-0085 A bill for an ordinance amending Ordinance No. 309 in the Series of 2007 to change the cost center and expending authority associated with the Denver Preschool Program Fund. Modifies the Denver Preschool Program Special Revenue Fund by moving the cost center from the Department of Finance to the Office of Children’s Affairs and changing the expending authority from the Chief Financial Officer to the Executive Director of the Office of Children’s Affairs. The Committee approved filing this item at its meeting on 2-5-19. A motion offered by Councilman Flynn, duly seconded by Councilman Herndon, that Council Bill 19-0085 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, Flynn, Herndon, Kashmann, Kniech, López, New, Ortega, Susman (11) Nay: (None) (0) Absent: Espinoza, Gilmore (2) 19-0087 A bill for an ordinance rescinding Ordinance No. 280, Series of 2014, concerning the Developmental Disabilities Fund, thereby establishing the fund’s budget basis as appropriated, and making the fund non-lapsing. Modifies the Developmental Disabilities Fund by making it an appropriating, non-lapsing fund. The Committee approved filing this item at its meeting on 2-5-19. A motion offered by Councilman Flynn, duly seconded by Councilman Herndon, that Council Bill 19-0087 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, Flynn, Herndon, Kashmann, Kniech, López, New, Ortega, Susman (11) Nay: (None) (0) Page 8 Absent: Espinoza, Gilmore (2) Land Use, Transportation & Infrastructure Committee 19-0086 A bill for an ordinance approving the purchase of capital equipment from the General Fund appropriation for the Solid Waste Division of Public Works. Approves a one-time capital equipment expenditure for $110,000 to procure one above ground truck scale to ensure compliance with state solid waste regulations and requirements in support of solid waste operations, citywide. The last regularly scheduled Council meeting within the 30-day review period is on 3-11-19. The Committee approved filing this item at its meeting on 2-5-19. A motion offered by Councilman Flynn, duly seconded by Councilman Herndon, that Council Bill 19-0086 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, Flynn, Herndon, Kashmann, Kniech, López, New, Ortega, Susman (11) Nay: (None) (0) Absent: Espinoza, Gilmore (2) Safety, Housing, Education & Homelessness Committee 19-0077 A bill for an ordinance approving a proposed Agreement between the City and County of Denver and Denver Urban Renewal Authority to administer a Single-Family Rehabilitation Program for income-qualified Denver homeowners. Approves an intergovernmental agreement with the Denver Urban Renewal Authority for $850,000 and through 5-31-20 to administer the 2019 Single Family Rehabilitation Program to help preserve existing housing stock and stabilize occupants who are at or below 80% Area Median Income, citywide (OEDEV-201946950-00). The last regularly scheduled Council meeting within the 30-day review period is on 3-11-19. The Committee approved filing this item at its meeting on 2-6-19. A motion offered by Councilman Flynn, duly seconded by Councilman Herndon, that Council Bill 19-0077 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, Flynn, Herndon, Kashmann, Kniech, López, New, Ortega, Susman (11) Nay: (None) (0) Absent: Espinoza, Gilmore (2) Page 9 Special Issues: Marijuana 19-0024 A bill for an ordinance repealing the sunset date of the cannabis consumption pilot program. The Committee approved filing this item at its meeting on 1-28-19. A motion offered by Councilman Flynn, duly seconded by Councilman Herndon, that Council Bill 19-0024 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, Herndon, Kashmann, Kniech, López, New, Ortega, Susman (10) Nay: Flynn (1) Absent: Espinoza, Gilmore (2) RECAP OF BILLS TO BE CALLED OUT Land Use, Transportation & Infrastructure Committee 19-0055 A bill for an ordinance changing the zoning classification for 4519 Pearl Street in Globeville. Approves an official map amendment to rezone property from E-SU-B to U-SU-B1 (urban edge, to urban context), located at 4519 Pearl Street in Council District 9. The Committee approved filing this item at its meeting on 1-22-19. Final Consideration Required Public Hearing A motion offered by Councilman Flynn, duly seconded by Councilwoman Ortega, that Council Bill 19-0055 be taken out of order. The motion carried by the following vote: Took out of order Aye: Black, Brooks, Clark, Flynn, Herndon, Kashmann, Kniech, López, New, Ortega, Susman (11) Nay: (None) (0) Absent: Espinoza, Gilmore (2) A motion offered by Councilwoman Susman, duly seconded by Councilwoman Kniech, that Council Bill 19-0055 with it's public hearing be postponed to 3-18-19. The motion carried by the following vote: Postponed to a date certain Aye: Black, Brooks, Clark, Flynn, Herndon, Kashmann, Kniech, López, New, Ortega, Susman (11) Nay: (None) (0) Absent: Espinoza, Gilmore (2) Page 10 PRE-RECESS ANNOUNCEMENT Council President Clark announced that tonight there will be a required public hearing on Council Bill 18-1484, changing the zoning classification for 4201 Delaware Street in Globeville; a required public hearing on Council Bill 18-1540, changing the zoning classification for 4055 Elati Street in Globeville; and, a required public hearing on Council Bill 18-1541, changing the zoning classification for 3411 Albion Street in Northeast Park Hill. Anyone wishing to speak on any of these matters 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 18-1484 A bill for an ordinance changing the zoning classification for 4201 Delaware Street in Globeville. Approves an official map amendment to rezone property from I-A UO-2 to C-RX-8 (industrial to urban center, residential mixed-use), located at 4201 Delaware Street in Council District 9. The Committee approved filing this item at its meeting on 1-15-19. A motion offered by Councilman Flynn, duly seconded by Councilman Herndon, that Council Bill 18-1484 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 6:42 p.m., Council President Clark presiding, to hear speakers on Council Bill 18-1484. Isiah Salazar signed up to speak in favor of the bill. Jesse Parris signed up to speak in opposition of the bill. Scott Robinson of Community Planning and Development delivered the staff report. Aye: Black, Brooks, Clark, Flynn, Herndon, Kashmann, Kniech, López, New, Ortega, Susman (11) Nay: (None) (0) Absent: Espinoza, Gilmore (2) 18-1540 A bill for an ordinance changing the zoning classification for 4055 Elati Street in Globeville. Approves an official map amendment to rezone property from I-A UO-2 to C-MX-8 (industrial to urban center, mixed-use), located at 4055 Elati Street in Council District 9. The Committee approved filing this item at its meeting on 1-15-19. A motion offered by Councilman Flynn, duly seconded by Councilman Herndon, that Council Bill 18-1540 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 7:01 p.m., Council President Clark presiding, to hear speakers on Council Bill 18-1540. Bruce O' Donnell and Chris Hudon signed up to speak in favor of the bill. Jesse Parris signed up to speak in opposition of the bill. Scott Robinson of Community Planning and Development delivered the staff report. Page 11 Aye: Black, Brooks, Clark, Flynn, Herndon, Kashmann, Kniech, López, New, Ortega, Susman (11) Nay: (None) (0) Absent: Espinoza, Gilmore (2) 18-1541 A bill for an ordinance changing the zoning classification for 3411 Albion Street, in Northeast Park Hill. Approves an official map amendment to rezone property from E-SU-Dx to E-MX-2x (urban edge, single-unit to urban edge, mixed-use), located at 3411 Albion Street in Council District 8. The Committee approved filing this item at its meeting on 1-8-19. Community Planning and Development has determined that the requirement for a legal protest (signatures from at least 20% of property owners within 200 feet of the subject area or 20% of property owners within 200 feet outside of the subject area) has not been met (petition signatures represent 0% and 7.4%, respectively). A motion offered by Councilman Flynn, duly seconded by Councilman Herndon, that Council Bill 18-1541 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 7:15 p.m., Council President Clark presiding, to hear speakers on Council Bill 18-1541. Matthew Kingsbury, Len Goldberg, Dr. Robert Davis, Jesse Parris, Abdur-Rahim Ali, David Morovitz and Bruce O' Donnell signed up to speak in favor of the bill. No speakers signed up to speak in opposition of the bill. Courtney Levingston of Community Planning and Development delivered the staff report. Aye: Black, Brooks, Clark, Flynn, Herndon, Kashmann, Kniech, López, New, Ortega, Susman (11) Nay: (None) (0) Absent: Espinoza, Gilmore (2) PRE-ADJOURNMENT ANNOUNCEMENT Page 12 ADJOURN There being no further business before the City Council, Council President Clark adjourned the meeting at 8:00 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