City Council
Regular MeetingDenver, CO · September 16, 2019
Minutes
City Council Minutes
Meeting Date: Monday, September 16, 2019 5:30 PM
PLEDGE OF ALLEGIANCE
Council member Sawyer led the Pledge of Allegiance
ROLL CALL
Present: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
APPROVAL OF THE MINUTES
The minutes of Monday, September 9, 2019 were distributed to members of Council.
Council President Clark ordered the minutes approved
19-0968 Minutes of Monday, September 9, 2019
Council Minutes 19-0968 were approved
Approved
COUNCIL ANNOUNCEMENTS
PRESENTATIONS
COMMUNICATIONS
PROCLAMATIONS
19-0971 A proclamation celebrating the 50th Anniversary of Capitol Hill
United Neighborhoods (CHUN).
A motion offered by Councilwoman Hinds, duly seconded by Councilwoman Gilmore,
that Council Proclamation 19-0971 be adopted. The motion carried by the following
vote:
Adopted
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
Nay: (None) (0)
Block Vote
A motion offered by Councilwoman Sawyer, 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, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
Nay: (None) (0)
Page 1
RESOLUTIONS
Finance & Governance Committee
19-0757 A resolution approving a proposed Agreement between the City
and County of Denver and Rush Truck Centers of Colorado, Inc. to approve
the purchase of twelve new Compost Collection Trucks.
Approves a zero-dollar purchase agreement for the procurement of twelve
side-loading Compost Collection Trucks from Rush Truck Center of Colorado in an
amount not to exceed $3,684,670.50 with funding provided through a companion
capital lease purchase agreement to support Public Works Solid Waste operations,
citywide (PWADM2019-50899). The last regularly scheduled Council meeting within
the 30-day review period is on 10-7-19. The Committee approved filing this item at
its meeting on 7-30-19.
A motion offered by Councilwoman Sawyer, duly seconded by Councilwoman Kniech,
that Council Resolution 19-0757 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
Nay: (None) (0)
19-0758 A resolution approving a proposed Agreement between the City
and County of Denver and Kois Brothers Equipment Co., Inc. to approve the
purchase of one new Compost Collection Truck.
Approves a zero-dollar purchase agreement for the procurement of one rear-loading
Compost Collection Truck from Kois Brothers Equipment in an amount not to exceed
$304,272 with funding provided through a companion capital lease purchase
agreement to support Public Works Solid Waste operations, citywide
(PWADM2019-50898). The last regularly scheduled Council meeting within the
30-day review period is on 10-7-19. The Committee approved filing this item at its
meeting on 7-30-19.
A motion offered by Councilwoman Sawyer, duly seconded by Councilwoman Kniech,
that Council Resolution 19-0758 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
Nay: (None) (0)
Page 2
19-0759 A resolution approving a proposed Equipment Lease Agreement
between the City and County of Denver and Banc of America Public Capital
Corp., for the lease purchase of new compost collection vehicles to support
Public Works Solid Waste operations, citywide.
Approves a capital equipment lease agreement with Banc of America Public Capital
Corp. for $4,215,161.78 and for five years for the financing of new compost
collection vehicles to support Public Works Solid Waste operations, citywide
(FINAN-201951220). The last regularly scheduled Council meeting within the 30-day
review period is on 10-7-19. The Committee approved filing this item at its meeting
on 7-30-19.
A motion offered by Councilwoman Sawyer, duly seconded by Councilwoman Kniech,
that Council Resolution 19-0759 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
Nay: (None) (0)
19-0857 A resolution approving a proposed Master Purchase Order between
the City and County of Denver and K&H Printers-Lithographers, Inc. for the
printing and mailing of all City and County of Denver election ballots and
envelopes for up to and including five (5) years.
Approves a master purchase order with K&H Printers-Lithographers, Inc. for
$8,000,000 and through 12-31-22, with two additional mutually agreed upon
one-year renewal options, for the printing and mailing of all inserts and ballots for all
local, state, and national election cycles (SC-00004194). The last regularly scheduled
Council meeting within the 30-day review period is on 10-7-19. The Committee
approved filing this item at its meeting on 8-27-19.
A motion offered by Councilwoman Sawyer, duly seconded by Councilwoman Kniech,
that Council Resolution 19-0857 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
Nay: (None) (0)
Page 3
19-0896 A resolution approving a proposed Amendatory Agreement
between the City and County of Denver and Rave Wireless, Inc. to increase
funds, extend the amount, and add licenses for Smart911 used by 911
dispatchers.
Amends a contract with Rave Wireless, Inc. by adding $725,586.76 for a new total of
$1,110,661.76, adding five years for a new end date of 6-30-25, and adding licenses
for Smart911 used by 911 dispatchers for access to a secure national database of
Smart911 citizen profiles in which members of the community register and provide
information about themselves, their family members, their homes and workplaces,
medical conditions, and other pertinent information to improve response
effectiveness, citywide (TECHS - 201520827). The last regularly scheduled Council
meeting within the 30-day review period is on 10-7-19. The Committee approved
filing this item at its meeting on 9-3-19.
A motion offered by Councilwoman Sawyer, duly seconded by Councilwoman Kniech,
that Council Resolution 19-0896 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
Nay: (None) (0)
19-0897 A resolution approving the Mayor’s appointment to the Denver
Health and Hospital Authority.
Approves the Mayoral appointment of Richard James Chavez to the Denver Health
and Hospital Authority for a term effective immediately and expiring 6-30-20, or
until a successor is duly appointed. The Committee approved filing this resolution by
consent on 9-3-19.
A motion offered by Councilwoman Sawyer, duly seconded by Councilwoman Kniech,
that Council Resolution 19-0897 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
Nay: (None) (0)
Land Use, Transportation & Infrastructure Committee
19-0893 A resolution approving a proposed Amendatory Agreement
between the City and County of Denver and Conduent State & Local
Solutions, Inc. to extend the term.
Amends a contract with Xerox State & Local Solutions, Inc. by adding sixteen
months for a new end date of 2-28-21 and changing the legal name to Conduent
State & Local Solutions, Inc. for the City's Parking Management Information System
(PMIS) to assist and support the City in successfully implementing and operating a
complete, fully functional system citywide. No change to contract amount
(201418112-01). The last regularly scheduled Council meeting within the 30-day
review period is on 10-7-19. The Committee approved filing this item at its meeting
on 9-3-19.
A motion offered by Councilwoman Sawyer, duly seconded by Councilwoman Kniech,
that Council Resolution 19-0893 be adopted en bloc, carried by the following vote:
Adopted
Page 4
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
Nay: (None) (0)
19-0894 A resolution approving a proposed Contract between the City and
County of Denver and BT Construction, Inc. for the construction of the
General Storm-Valverde project to improve drainage conditions.
Approves a contract with BT Construction, Inc. for $4,554,470.45 and for 300 days
for the construction of the General Storm-Valverde project to improve drainage
conditions by installing a 42" diameter storm pipe in West Alameda Avenue and
abandoning an existing undersized drainage system in Council District 7
(201950316). The last regularly scheduled Council meeting within the 30-day review
period is on 10-7-19. The Committee approved filing this item at its meeting on
9-3-19.
A motion offered by Councilwoman Sawyer, duly seconded by Councilwoman Kniech,
that Council Resolution 19-0894 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
Nay: (None) (0)
19-0895 A resolution laying out, opening and establishing as part of the City
street system a parcel of land as North Josephine Street at the intersection
of East 14th Avenue and North Josephine Street.
Dedicates city owned land as North Josephine Street, located at the intersection of
East 14th Avenue and North Josephine Street in Council District 10. The Committee
approved filing this item at its meeting on 9-3-19.
A motion offered by Councilwoman Sawyer, duly seconded by Councilwoman Kniech,
that Council Resolution 19-0895 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
Nay: (None) (0)
19-0969 A resolution authorizing and approving the expenditure and
payment from the appropriation account designated “liability claims,” the
total sum of Sixty-Five Thousand Dollars and No Cents ($65,000.00) made
payable to Patricia Morse and The Overton Law Firm, in full payment and
satisfaction of all claims in Case No 2018CV33322 in the District Court for
the City and County of Denver, Colorado.
Settles a claim with public works. This item was approved for filing at the
Mayor-Council meeting on 9-10-19.
A motion offered by Councilwoman Sawyer, duly seconded by Councilwoman Kniech,
that Council Resolution 19-0969 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
Nay: (None) (0)
Page 5
Safety, Housing, Education & Homelessness Committee
19-0819 A resolution approving a proposed Second Amendatory Agreement
between the City and County of Denver and Waste Management of
Colorado, Inc. for operation of a composting facility at the Denver
Arapahoe Disposal Site.
Amends a revenue agreement with Waste Management of Colorado, Inc. (WMC) by
adding one year for a new end date of 12-31-20 for WMC’s operation of a
composting facility at the Denver Arapahoe Disposal Site (DADS landfill). No change
to the agreement amount (ENVHL-201524286). The last regularly scheduled Council
meeting within the 30-day review period is on 10-7-19. The Committee approved
filing this item at its meeting on 8-21-19.
A motion offered by Councilwoman Sawyer, duly seconded by Councilwoman Kniech,
that Council Resolution 19-0819 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
Nay: (None) (0)
19-0892 A resolution approving a proposed Second Amendatory Agreement
between the City and County of Denver and AIDS Resource Center of
Wisconsin, Inc. to provide services to individuals living with HIV/AIDS in
the Denver Transitional Grant Area.
Amends a contract with AIDS Resource Center of Wisconsin, doing business as Rocky
Mountain CARES, by adding $379,108 for a new total of $839,866 and one year for a
new end date of 2-29-20 to provide care, treatment, and supportive services to
individuals living with HIV/AIDS in the Denver Transitional Grant Area (TGA), which
includes, and is limited to Adams, Arapahoe, Broomfield, Denver, Douglas, and
Jefferson counties (ENVHL-201843498-02). The last regularly scheduled Council
meeting within the 30-day review period is on 10-7-19. The Committee approved
filing this item at its meeting on 9-4-19.
A motion offered by Councilwoman Sawyer, duly seconded by Councilwoman Kniech,
that Council Resolution 19-0892 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
Nay: (None) (0)
Page 6
19-0898 A resolution approving and providing for the execution of a
proposed Grant Agreement between the City and County of Denver and the
United States of America Department of Housing and Urban Development
concerning the “Emergency Solutions Grant FY19” program and the
funding therefor.
Approves a grant agreement with U.S Department of Housing and Urban
Development (HUD) for $582,032 to provide rapid rehousing and emergency
shelter services to individuals and families experiencing homelessness
through the Emergency Solutions Program, citywide (SOCSV-2019-51522).
The last regularly scheduled Council meeting within the 30-day review period
is on 10-7-19. The Committee approved filing this item at its meeting on
9-4-19.
A motion offered by Councilwoman Sawyer, duly seconded by Councilwoman Kniech,
that Council Resolution 19-0898 be adopted en bloc, carried by the following vote:
Adopted
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
Nay: (None) (0)
19-0970 A resolution authorizing and approving the expenditure and
payment from the appropriation account designated “liability claims,” the
total sum of Five Hundred Thousand Dollars and No Cents ($500,000.00),
made payable to Killmer Lane & Newman COLT AF Client Trust Account:
(Tax l.D. No. 43-106-072), in full payment and satisfaction of all claims
related to the incident on January 26, 2017.
This item was approved for filing at the Mayor-Council meeting on 9-10-19.
A motion offered by Councilwoman Sawyer, duly seconded by Councilman Herndon,
that Council Resolution 19-0970 be adopted. The motion carried by the following
vote:
Adopted
Aye: Black, Clark, Gilmore, Herndon, Kashmann, Kniech,
Sandoval, Sawyer, Torres (9)
Nay: (None) (0)
Abstain: CdeBaca, Flynn, Hinds, Ortega (4)
BILLS FOR INTRODUCTION
Land Use, Transportation & Infrastructure Committee
19-0913 A bill for an ordinance designating 4345 West 46th Avenue as a
structure for preservation.
Approves an individual landmark designation for property located at 4345 West 46th
Avenue in Council District 1. The Committee approved filing this item at its meeting
on 9-10-19.
Council Bill 19-0913 was ordered published with a future required public hearing on
9-23-19
Ordered published with a future required public hearing
Page 7
BILLS FOR FINAL CONSIDERATION
Finance & Governance Committee
19-0856 A bill for an ordinance authorizing a rescission, a cash transfer,
and supplemental appropriations from the General Contingency Fund to
the Capital Improvement Fund and the Human Services Special Revenue
Fund.
Approves a supplemental appropriation of $3,700,000 from General Fund
Contingency to transfer $3,500,000 to the Strategic Shelter Facilities Fund and
$200,000 to the Denver Human Services Homeless Services Fund to support the
purchase and associated costs of furnishing property located at 1901 29th Street,
known as the Crossroads shelter, to preserve the City’s current shelter needs, in
Council District 9. The Committee approved filing this item at its meeting on
8-27-19.
A motion offered by Councilwoman Sawyer, duly seconded by Councilwoman Kniech,
that Council Bill 19-0856 be placed upon final consideration and do pass en bloc,
carried by the following vote:
Placed upon final consideration and do pass
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
Nay: (None) (0)
19-0861 A bill for an ordinance amending the classification and pay plan for
employees in the Career Service and for certain employees not in the
Career Service.
Amends the Classification and Pay Plan by creating a new classification series for the
Department of Finance - Assessment Division and abolishing the current associated
classifications. The Committee approved filing this bill by consent on 8-27-19.
A motion offered by Councilwoman Sawyer, duly seconded by Councilwoman Kniech,
that Council Bill 19-0861 be placed upon final consideration and do pass en bloc,
carried by the following vote:
Placed upon final consideration and do pass
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
Nay: (None) (0)
Page 8
19-0863 AS AMENDED a bill for an ordinance amending the City Retail Sales
Tax Article, Article II, Chapter 53 of the Revised Municipal Code and the
City Use Tax Article, Article III, Chapter 53 of the Revised Municipal Code
to exempt the passthrough of the federal excise tax imposed on trucks,
trailers, and tractors from taxation.
Amends Chapter 53 of the Denver Revised Municipal Code (DRMC) to exempt
federal excise tax from being included in the taxable purchase price for heavy trucks
and trailers. The Committee approved filing this item at its meeting on 8-27-19.
Amended 9-16-19 to clarify that “use” tax is under Article III of Chapter 53 of the
D.R.M.C.
A motion offered by Councilwoman Sawyer, duly seconded by Councilman Herndon,
that Council Bill 19-0863 be placed upon final consideration and do pass, was
followed by a motion offered by Councilwoman Black, duly seconded by Councilman
Herndon, that Council Bill 19-0863 be amended in the following particulars: "On
page 1, line 7, strike 'Article II' and replace with 'Article III'." to clarify that "use"
tax is under Article III of Chapter 53 of the D.R.M.C. The motion carried by the
following vote:
Amended
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
Nay: (None) (0)
A motion offered by Councilwoman Sawyer, duly seconded by Councilman Herndon,
that Council Bill 19-0863 be ordered published as amended. The motion carried by
the following vote:
Ordered published as amended
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
Nay: (None) (0)
19-0869 A bill for an ordinance authorizing a rescission, a cash transfer,
and a supplemental appropriation from the General Contingency Fund to
the Liability Claims Special Revenue Fund.
Approves a supplemental appropriation of $1,550,000 from General Fund
Contingency to transfer to the Liability and Claims Special Revenue Fund to provide
sufficient budget capacity to fund a legal settlement. The Committee approved filing
this item at its meeting on 8-27-19.
A motion offered by Councilwoman Sawyer, duly seconded by Councilwoman Kniech,
that Council Bill 19-0869 be placed upon final consideration and do pass en bloc,
carried by the following vote:
Placed upon final consideration and do pass
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
Nay: (None) (0)
Page 9
19-0874 A bill for an ordinance authorizing a rescission, a cash transfer,
and a supplemental appropriation from the General Contingency Fund to
the Capital Improvement Fund.
Approves a supplemental appropriation of $1,450,000 from General Fund
Contingency to transfer to the Other Agency Capital Project Fund to provide
sufficient budget capacity to fund a settlement in support of the National Western
Center Office in Council District 9. The Committee approved filing this item at its
meeting on 8-27-19.
A motion offered by Councilwoman Sawyer, duly seconded by Councilwoman
Gilmore, that Council Bill 19-0874 be placed upon final consideration and do pass.
The motion failed by the following vote:
Placed upon final consideration and do pass
Aye: (None) (0)
Nay: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
Land Use, Transportation & Infrastructure Committee
19-0503 A bill for an ordinance approving a Project Partnership Agreement
between the City and County of Denver and the U.S. Army Corps of
Engineers for design and construction of the Southern Platte Valley
Ecosystem Restoration Project.
Approves and intergovernmental agreement with the US Army Corps of Engineers
for $3,363,750 for design and construction to restore lost fish and wildlife habitat in
the South Platte River from West Wesley Avenue downstream to West Mississippi
Avenue in Council District 7, as described in the Southern Platte Valley Ecosystem
Restoration Feasibility Plan (201950081). The last regularly scheduled Council
meeting within the 30-day review period is on 9-30-19. The Committee approved
filing this item at its meeting on 5-28-19.
A motion offered by Councilwoman Sawyer, duly seconded by Councilwoman Kniech,
that Council Bill 19-0503 be placed upon final consideration and do pass en bloc,
carried by the following vote:
Placed upon final consideration and do pass
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
Nay: (None) (0)
Page 10
Safety, Housing, Education & Homelessness Committee
19-0678 A bill for an ordinance approving a proposed Second Amendment to
Intergovernmental Agreement between the City and County of Denver and
School District No. 1 in the City and County of Denver and State of Colorado
to add exhibits and to increase compensation to provide school resource
officers through the Denver Police Department at various Denver Public
School locations citywide.
Amends an intergovernmental agreement with School District Number One by
adding $721,403.84 for a new total of $2,013,785.97 for provision of School
Resource Officers by the Denver Police Department at various Denver Public School
locations throughout the 2019-2020 school year. No change to contract duration
(POLIC-201736749-02). The last regularly scheduled Council meeting within the
30-day review period is on 9-30-19. The Committee approved filing this item at its
meeting on 7-10-19.
A motion offered by Councilwoman Sawyer, duly seconded by Councilwoman Kniech,
that Council Bill 19-0678 be placed upon final consideration and do pass en bloc,
carried by the following vote:
Placed upon final consideration and do pass
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
Nay: (None) (0)
RECAP OF BILLS TO BE CALLED OUT
PRE-RECESS ANNOUNCEMENT
Council President Clark announced that tonight, there will be a
required public hearing on Council Bill 19-0818, approving and
accepting the Loretto Heights Small Area Plan, which plan shall
become a part of the Comprehensive Plan 2040 for the City and
County of Denver pursuant to the provisions of Section 12-61 of the
Denver Revised Municipal Code; and, a required public hearing on
Council Bill 19-0577, changing the zoning classification for 1634,
1640, 1642, 1650 and 1680 Sheridan Boulevard in West Colfax.
Anyone wishing to speak on either of these matters must see the
Council Secretary or go online to sign up during the recess of
Council.
RECESS
Council took a recess
COUNCIL RECONVENES AND RESUMES ITS REGULAR SESSION
Page 11
PUBLIC HEARINGS - BILLS FOR FINAL CONSIDERATION
Land Use, Transportation & Infrastructure Committee
19-0818 A bill for an ordinance approving and accepting the Loretto Heights
Small Area Plan, which plan shall become a part of the Comprehensive Plan
2040 for the City and County of Denver pursuant to the provisions of
Section 12-61 of the Denver Revised Municipal Code.
Approves the Loretto Heights Small Area Plan, as part of the City’s Comprehensive
Plan. The Committee approved filing this item at its meeting on 8-20-19.
A motion offered by Councilwoman Sawyer, duly seconded by Councilwoman
Gilmore, that Council Bill 19-0818 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 6:15 p.m., Council President
Clark presiding, to hear speakers on Council Bill 19-0818. John Moore, John Olson,
Martha Kirkpatrick, James Hoxworth, Carl Christianssen, Jim Hartman, Susan Ely,
Adriana Peña, Thomas Sanders, Brent Kirkpatrick, Andrew Chapin, Norma Brown, Clare
Harris, Grant Bennett, Richard Repp, John Joseph Niemann, Tara Durham, Glenn
Durham, Rene Moffatt, Mark Upshaw, Brad Wilkin, Chairman Seku, Tony Hernandez,
Gene Myers, Father joseph Dang, Donna Repp, Daniel Craig, Ean Tafoya, Nora Jacquez
and Mark Witkiewicz signed up to speak in favor of the bill. Xochitl Gaytan, Karen
Kalavity, Bonnie Gilbert and Jim Gibson signed up to speak in opposition of the bill.
Gayle Bell, Jim Carpente, Paul Fiorino, Carl Christianssen, Bonnie Dehart, Jim Hartman,
Kathleen Kindblade, Christine O’Connor, Larry Ambrose and Mary Nelle Gage signed up
to speak neither for nor against the bill. Jason Morrison of Community Planning and
Development delivered the staff report.
Aye: Black, Clark, Flynn, Gilmore, Hinds, Kashmann, Kniech,
Ortega, Sandoval, Sawyer, Torres (11)
Nay: CdeBaca (1)
Absent: Herndon (1)
Page 12
19-0577 A bill for an ordinance changing the zoning classification for 1634,
1640, 1642, 1650 and 1680 Sheridan Boulevard in West Colfax.
Approves an official map amendment to rezone properties from U-RH-3A and
U-SU-C2 to U-MS-2 and U-MS-3 (urban row-home and single-unit to urban
main-street districts), located at 1634, 1640, 1642, 1650 and 1680 Sheridan
Boulevard in Council District 1. The Committee approved filing this item at its
meeting on 6-18-19. Community Planning and Development has determined that
the requirement for a legal protest (signatures by the owners of 20 percent or more
either of the area of the lots included in the proposed change or of the total land
area within 200 feet from the perimeter of the area proposed for change) has been
met (petition signatures represent 0% and 21%, respectively).
A motion offered by Councilwoman Sawyer, duly seconded by Councilwoman
Gilmore, that Council Bill 19-0577 be placed upon final consideration and do pass.
The motion failed by the following vote:
Placed upon final consideration and do pass
Council sat as a Committee of the Whole, Council President Clark presiding, to hear
speakers on Council Bill 19-0577. Cory Manders, AnnMarie Manders, Ricky Lang, David
Weber, Bruce ODonnell, Anna De Witt, Ryan Keeney, Dmitrii Zavorotny, Adam Estroff,
John Riecke and Dan Shah signed up to speak in favor of the bill. Hermine Blau,
Ephraim Bulow, Joel Unger, Fievel (Don) Gallard, Kalle Anderson, Aaron Wasserman,
Aaron Steinberg, Marie Darrow, Tova Zussman and Daniel Krausz signed up to speak in
opposition of the bill. Theresa Lucero of Community Planning and Development delivered
the staff report.
Aye: Black, Torres (2)
Nay: CdeBaca, Clark, Flynn, Gilmore, Hinds, Kashmann, Kniech,
Ortega, Sandoval, Sawyer (10)
Absent: Herndon (1)
PRE-ADJOURNMENT ANNOUNCEMENT
Council President Clark announced that on Monday, September 23,
2019, Council will hold a required public hearing on Council Bill
19-0913, designating 4345 West 46th Avenue as a structure for
preservation.
Page 13
ADJOURN
There being no further business before the City Council, Council President Clark
adjourned the meeting at 12:09 a.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 16, 2019
City and County of Denver
Robin Kniech........................At Large Jolon Clark........................District 7
Deborah “Debbie” Ortega.......At Large Christopher Herndon...........District 8
Amanda Sandoval................District 1 Candi CdeBaca...................District 9
Kevin Flynn........................District 2 Chris Hinds.......................District 10
Jamie Torres.......................District 3 Stacie Gilmore...................District 11
Kendra Black.......................District 4 Mar'quasa Hopson..............Secretary
Amanda Sawyer..................District 5
Paul Kashmann...................District 6
Room 450
City & County Building
1437 Bannock Street
Denver CO 80202
Phone: 720-337-2000
Email: dencc@denvergov.org
City Council Agenda Monday, September 16, 2019
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF THE MINUTES
19-0968 Minutes of Monday, September 9, 2019
COUNCIL ANNOUNCEMENTS
PRESENTATIONS
COMMUNICATIONS
PROCLAMATIONS
19-0971 A proclamation celebrating the 50th Anniversary of Capitol Hill
United Neighborhoods (CHUN).
Sponsor Hinds
RESOLUTIONS
Finance & Governance Committee
19-0757 A resolution approving a proposed Agreement between the City
and County of Denver and Rush Truck Centers of Colorado, Inc. to approve
the purchase of twelve new Compost Collection Trucks.
Approves a zero-dollar purchase agreement for the procurement of twelve
side-loading Compost Collection Trucks from Rush Truck Center of Colorado in an
amount not to exceed $3,684,670.50 with funding provided through a companion
capital lease purchase agreement to support Public Works Solid Waste operations,
citywide (PWADM2019-50899). The last regularly scheduled Council meeting within
the 30-day review period is on 10-7-19. The Committee approved filing this item at
its meeting on 7-30-19.
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City Council Agenda Monday, September 16, 2019
19-0758 A resolution approving a proposed Agreement between the City
and County of Denver and Kois Brothers Equipment Co., Inc. to approve the
purchase of one new Compost Collection Truck.
Approves a zero-dollar purchase agreement for the procurement of one rear-loading
Compost Collection Truck from Kois Brothers Equipment in an amount not to exceed
$304,272 with funding provided through a companion capital lease purchase
agreement to support Public Works Solid Waste operations, citywide
(PWADM2019-50898). The last regularly scheduled Council meeting within the
30-day review period is on 10-7-19. The Committee approved filing this item at its
meeting on 7-30-19.
19-0759 A resolution approving a proposed Equipment Lease Agreement
between the City and County of Denver and Banc of America Public Capital
Corp., for the lease purchase of new compost collection vehicles to support
Public Works Solid Waste operations, citywide.
Approves a capital equipment lease agreement with Banc of America Public Capital
Corp. for $4,215,161.78 and for five years for the financing of new compost
collection vehicles to support Public Works Solid Waste operations, citywide
(FINAN-201951220). The last regularly scheduled Council meeting within the 30-day
review period is on 10-7-19. The Committee approved filing this item at its meeting
on 7-30-19.
19-0857 A resolution approving a proposed Master Purchase Order
between the City and County of Denver and K&H Printers-Lithographers,
Inc. for the printing and mailing of all City and County of Denver election
ballots and envelopes for up to and including five (5) years.
Approves a master purchase order with K&H Printers-Lithographers, Inc. for
$8,000,000 and through 12-31-22, with two additional mutually agreed upon
one-year renewal options, for the printing and mailing of all inserts and ballots for all
local, state, and national election cycles (SC-00004194). The last regularly scheduled
Council meeting within the 30-day review period is on 10-7-19. The Committee
approved filing this item at its meeting on 8-27-19.
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City Council Agenda Monday, September 16, 2019
19-0896 A resolution approving a proposed Amendatory Agreement
between the City and County of Denver and Rave Wireless, Inc. to increase
funds, extend the amount, and add licenses for Smart911 used by 911
dispatchers.
Amends a contract with Rave Wireless, Inc. by adding $725,586.76 for a new total of
$1,110,661.76, adding five years for a new end date of 6-30-25, and adding licenses
for Smart911 used by 911 dispatchers for access to a secure national database of
Smart911 citizen profiles in which members of the community register and provide
information about themselves, their family members, their homes and workplaces,
medical conditions, and other pertinent information to improve response
effectiveness, citywide (TECHS - 201520827). The last regularly scheduled Council
meeting within the 30-day review period is on 10-7-19. The Committee approved
filing this item at its meeting on 9-3-19.
19-0897 A resolution approving the Mayor’s appointment to the Denver
Health and Hospital Authority.
Approves the Mayoral appointment of Richard James Chavez to the Denver Health
and Hospital Authority for a term effective immediately and expiring 6-30-20, or
until a successor is duly appointed. The Committee approved filing this resolution by
consent on 9-3-19.
Land Use, Transportation & Infrastructure Committee
19-0893 A resolution approving a proposed Amendatory Agreement
between the City and County of Denver and Conduent State & Local
Solutions, Inc. to extend the term.
Amends a contract with Xerox State & Local Solutions, Inc. by adding sixteen
months for a new end date of 2-28-21 and changing the legal name to Conduent
State & Local Solutions, Inc. for the City's Parking Management Information System
(PMIS) to assist and support the City in successfully implementing and operating a
complete, fully functional system citywide. No change to contract amount
(201418112-01). The last regularly scheduled Council meeting within the 30-day
review period is on 10-7-19. The Committee approved filing this item at its meeting
on 9-3-19.
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City Council Agenda Monday, September 16, 2019
19-0894 A resolution approving a proposed Contract between the City and
County of Denver and BT Construction, Inc. for the construction of the
General Storm-Valverde project to improve drainage conditions.
Approves a contract with BT Construction, Inc. for $4,554,470.45 and for 300 days
for the construction of the General Storm-Valverde project to improve drainage
conditions by installing a 42" diameter storm pipe in West Alameda Avenue and
abandoning an existing undersized drainage system in Council District 7
(201950316). The last regularly scheduled Council meeting within the 30-day review
period is on 10-7-19. The Committee approved filing this item at its meeting on
9-3-19.
19-0895 A resolution laying out, opening and establishing as part of the
City street system a parcel of land as North Josephine Street at the
intersection of East 14th Avenue and North Josephine Street.
Dedicates city owned land as North Josephine Street, located at the intersection of
East 14th Avenue and North Josephine Street in Council District 10. The Committee
approved filing this item at its meeting on 9-3-19.
19-0969 A resolution authorizing and approving the expenditure and
payment from the appropriation account designated “liability claims,” the
total sum of Sixty-Five Thousand Dollars and No Cents ($65,000.00) made
payable to Patricia Morse and The Overton Law Firm, in full payment and
satisfaction of all claims in Case No 2018CV33322 in the District Court for
the City and County of Denver, Colorado.
Settles a claim with public works. This item was approved for filing at the
Mayor-Council meeting on 9-10-19.
Safety, Housing, Education & Homelessness Committee
19-0819 A resolution approving a proposed Second Amendatory Agreement
between the City and County of Denver and Waste Management of
Colorado, Inc. for operation of a composting facility at the Denver
Arapahoe Disposal Site.
Amends a revenue agreement with Waste Management of Colorado, Inc. (WMC) by
adding one year for a new end date of 12-31-20 for WMC’s operation of a
composting facility at the Denver Arapahoe Disposal Site (DADS landfill). No change
to the agreement amount (ENVHL-201524286). The last regularly scheduled Council
meeting within the 30-day review period is on 10-7-19. The Committee approved
filing this item at its meeting on 8-21-19.
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City Council Agenda Monday, September 16, 2019
19-0892 A resolution approving a proposed Second Amendatory Agreement
between the City and County of Denver and AIDS Resource Center of
Wisconsin, Inc. to provide services to individuals living with HIV/AIDS in
the Denver Transitional Grant Area.
Amends a contract with AIDS Resource Center of Wisconsin, doing business as Rocky
Mountain CARES, by adding $379,108 for a new total of $839,866 and one year for a
new end date of 2-29-20 to provide care, treatment, and supportive services to
individuals living with HIV/AIDS in the Denver Transitional Grant Area (TGA), which
includes, and is limited to Adams, Arapahoe, Broomfield, Denver, Douglas, and
Jefferson counties (ENVHL-201843498-02). The last regularly scheduled Council
meeting within the 30-day review period is on 10-7-19. The Committee approved
filing this item at its meeting on 9-4-19.
19-0898 A resolution approving and providing for the execution of a
proposed Grant Agreement between the City and County of Denver and the
United States of America Department of Housing and Urban Development
concerning the “Emergency Solutions Grant FY19” program and the
funding therefor.
Approves a grant agreement with U.S Department of Housing and Urban
Development (HUD) for $582,032 to provide rapid rehousing and emergency
shelter services to individuals and families experiencing homelessness
through the Emergency Solutions Program, citywide (SOCSV-2019-51522).
The last regularly scheduled Council meeting within the 30-day review period
is on 10-7-19. The Committee approved filing this item at its meeting on
9-4-19.
19-0970 A resolution authorizing and approving the expenditure and
payment from the appropriation account designated “liability claims,” the
total sum of Five Hundred Thousand Dollars and No Cents ($500,000.00),
made payable to Killmer Lane & Newman COLT AF Client Trust Account:
(Tax l.D. No. 43-106-072), in full payment and satisfaction of all claims
related to the incident on January 26, 2017.
This item was approved for filing at the Mayor-Council meeting on 9-10-19.
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City Council Agenda Monday, September 16, 2019
BILLS FOR INTRODUCTION
Land Use, Transportation & Infrastructure Committee
19-0913 A bill for an ordinance designating 4345 West 46th Avenue as a
structure for preservation.
Approves an individual landmark designation for property located at 4345 West 46th
Avenue in Council District 1. If ordered published, a public hearing will be held on
Monday, 9-23-19. The Committee approved filing this item at its meeting on
9-10-19.
BILLS FOR FINAL CONSIDERATION
Finance & Governance Committee
19-0856 A bill for an ordinance authorizing a rescission, a cash transfer,
and supplemental appropriations from the General Contingency Fund to
the Capital Improvement Fund and the Human Services Special Revenue
Fund.
Approves a supplemental appropriation of $3,700,000 from General Fund
Contingency to transfer $3,500,000 to the Strategic Shelter Facilities Fund and
$200,000 to the Denver Human Services Homeless Services Fund to support the
purchase and associated costs of furnishing property located at 1901 29th Street,
known as the Crossroads shelter, to preserve the City’s current shelter needs, in
Council District 9. The Committee approved filing this item at its meeting on
8-27-19.
19-0861 A bill for an ordinance amending the classification and pay plan
for employees in the Career Service and for certain employees not in the
Career Service.
Amends the Classification and Pay Plan by creating a new classification series for the
Department of Finance - Assessment Division and abolishing the current associated
classifications. The Committee approved filing this bill by consent on 8-27-19.
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City Council Agenda Monday, September 16, 2019
19-0863 A bill for an ordinance amending the City Retail Sales Tax Article,
Article II, Chapter 53 of the Revised Municipal Code and the City Use Tax
Article, Article II, Chapter 53 of the Revised Municipal Code to exempt the
passthrough of the federal excise tax imposed on trucks, trailers, and
tractors from taxation.
Amends Chapter 53 of the Denver Revised Municipal Code (DRMC) to exempt
federal excise tax from being included in the taxable purchase price for heavy trucks
and trailers. The Committee approved filing this item at its meeting on 8-27-19.
19-0869 A bill for an ordinance authorizing a rescission, a cash transfer,
and a supplemental appropriation from the General Contingency Fund to
the Liability Claims Special Revenue Fund.
Approves a supplemental appropriation of $1,550,000 from General Fund
Contingency to transfer to the Liability and Claims Special Revenue Fund to provide
sufficient budget capacity to fund a legal settlement. The Committee approved filing
this item at its meeting on 8-27-19.
19-0874 A bill for an ordinance authorizing a rescission, a cash transfer,
and a supplemental appropriation from the General Contingency Fund to
the Capital Improvement Fund.
Approves a supplemental appropriation of $1,450,000 from General Fund
Contingency to transfer to the Other Agency Capital Project Fund to provide
sufficient budget capacity to fund a settlement in support of the National Western
Center Office in Council District 9. The Committee approved filing this item at its
meeting on 8-27-19.
Land Use, Transportation & Infrastructure Committee
19-0503 A bill for an ordinance approving a Project Partnership Agreement
between the City and County of Denver and the U.S. Army Corps of
Engineers for design and construction of the Southern Platte Valley
Ecosystem Restoration Project.
Approves and intergovernmental agreement with the US Army Corps of Engineers
for $3,363,750 for design and construction to restore lost fish and wildlife habitat in
the South Platte River from West Wesley Avenue downstream to West Mississippi
Avenue in Council District 7, as described in the Southern Platte Valley Ecosystem
Restoration Feasibility Plan (201950081). The last regularly scheduled Council
meeting within the 30-day review period is on 9-30-19. The Committee approved
filing this item at its meeting on 5-28-19.
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City Council Agenda Monday, September 16, 2019
Safety, Housing, Education & Homelessness Committee
19-0678 A bill for an ordinance approving a proposed Second Amendment
to Intergovernmental Agreement between the City and County of Denver
and School District No. 1 in the City and County of Denver and State of
Colorado to add exhibits and to increase compensation to provide school
resource officers through the Denver Police Department at various Denver
Public School locations citywide.
Amends an intergovernmental agreement with School District Number One by
adding $721,403.84 for a new total of $2,013,785.97 for provision of School
Resource Officers by the Denver Police Department at various Denver Public School
locations throughout the 2019-2020 school year. No change to contract duration
(POLIC-201736749-02). The last regularly scheduled Council meeting within the
30-day review period is on 9-30-19. The Committee approved filing this item at its
meeting on 7-10-19.
RECAP OF BILLS TO BE CALLED OUT
PRE-RECESS ANNOUNCEMENT
Tonight, there will be a required public hearing on Council Bill
19-0818, approving and accepting the Loretto Heights Small Area
Plan, which plan shall become a part of the Comprehensive Plan
2040 for the City and County of Denver pursuant to the provisions of
Section 12-61 of the Denver Revised Municipal Code; and, a
required public hearing on Council Bill 19-0577, changing the
zoning classification for 1634, 1640, 1642, 1650 and 1680 Sheridan
Boulevard in West Colfax. Anyone wishing to speak on either of
these matters must see the Council Secretary or go online to sign up
during the recess of Council.
RECESS
COUNCIL RECONVENES AND RESUMES ITS REGULAR
SESSION
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City Council Agenda Monday, September 16, 2019
PUBLIC HEARINGS - BILLS FOR FINAL CONSIDERATION
Land Use, Transportation & Infrastructure Committee
19-0818 A bill for an ordinance approving and accepting the Loretto
Heights Small Area Plan, which plan shall become a part of the
Comprehensive Plan 2040 for the City and County of Denver pursuant to
the provisions of Section 12-61 of the Denver Revised Municipal Code.
Approves the Loretto Heights Small Area Plan, as part of the City’s Comprehensive
Plan. The Committee approved filing this item at its meeting on 8-20-19.
19-0577 A bill for an ordinance changing the zoning classification for 1634,
1640, 1642, 1650 and 1680 Sheridan Boulevard in West Colfax.
Approves an official map amendment to rezone properties from U-RH-3A and
U-SU-C2 to U-MS-2 and U-MS-3 (urban row-home and single-unit to urban
main-street districts), located at 1634, 1640, 1642, 1650 and 1680 Sheridan
Boulevard in Council District 1. The Committee approved filing this item at its
meeting on 6-18-19. Community Planning and Development has determined that
the requirement for a legal protest (signatures by the owners of 20 percent or more
either of the area of the lots included in the proposed change or of the total land
area within 200 feet from the perimeter of the area proposed for change) has been
met (petition signatures represent 0% and 21%, respectively).
PRE-ADJOURNMENT ANNOUNCEMENT
Dependent upon publication, on Monday, September 23, 2019,
Council will hold a required public hearing on Council Bill 19-0913,
designating 4345 West 46th Avenue as a structure for preservation.
ADJOURN
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City Council Agenda Monday, September 16, 2019
PENDING
FOR 10-7-19:
19-0817 A bill for an ordinance changing the zoning classification for 3141
Raleigh Street in West Highland.
Approves an official map amendment to rezone property located at 3141 Raleigh
Street from U-SU-A to U-SU-A1 (allowing an accessory dwelling unit), in Council
District 1. The Committee approved filing this item at its meeting on 8-20-19.
Final Consideration | Required Public Hearing
19-0834 A bill for an ordinance amending the Denver Zoning Code.
Approves text amendment #6 to the Denver Zoning Code to add a new Temporary
Tiny Home Village use and associated regulations and procedures, updates and
clarifies outreach procedures related to Large Development Review, and amends
regulations for an affordable housing parking reduction. The Committee approved
filing this item at its meeting on 8-20-19.
Final Consideration | Required Public Hearing
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