City Council
Regular MeetingDenver, CO · December 2, 2019
Minutes
City Council Minutes
Meeting Date: Monday, December 2, 2019 5:30 PM
PLEDGE OF ALLEGIANCE
Council member Herndon led the Pledge of Allegiance.
ROLL CALL
Council members CdeBaca and Ortega arrived late.
Present: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
APPROVAL OF THE MINUTES
19-1336 Minutes of Monday, November 25, 2019
The minutes of Monday, November 25, 2019 were distributed to members of
Council. Council President Clark ordered the minutes approved.
Council Minutes 19-1336 were approved
Approved
COUNCIL ANNOUNCEMENTS
Council members Kashmann, Sandoval, Flynn and Gilmore offered announcements.
PRESENTATIONS
COMMUNICATIONS
PROCLAMATIONS
RECAP OF BILLS TO BE CALLED OUT
Business, Arts, Workforce, & Aviation Services Committee
19-1220 A resolution approving a proposed Contract between the City and
County of Denver and AXS Group, LLC to add compensation and five years
to provide ticketing services, box office operation, information and call
center functions, and marketing support for City venues.
Approves a contract with AXS Group, LLC for $5,010,613 and for five years to
provide ticketing services, box office operation, information and call center
functions, and marketing support for City venues (THTRS-201952501). The last
regularly scheduled Council meeting within the 30-day review period is on 12-23-19.
The Committee approved filing this item at its meeting on 11-20-19.
A motion offered by Councilman Herndon, duly seconded by Councilman Hinds, that
Council Resolution 19-1220 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)
Page 1
Finance & Governance Committee
19-1236 A bill for an ordinance approving the Mayor’s appointments and
reappointment to the Denver Community Corrections Board.
Approves the following Mayoral appointments and reappointment to the Denver
Community Corrections Board: appointment of Steven Abraham to serve as a
representative of the District Attorney’s Office for a term effective immediately and
expiring 6-30-21; appointment of Paul Rosenthal to serve as a citizen representative
for a term effective immediately and expiring 6-30-22; and appointment of Frances
Gomez to serve as a representative of the Sheriff’s Department for a term effective
immediately and expiring 6-30-23 or until a successor is duly appointed and the
reappointment of Jane Prancan to serve as a citizen representative for a term
effective immediately and expiring 6-30-23 or until a successor is duly appointed.
The Committee approved filing this item on 12-17-19.
A motion offered by Councilman Herndon, duly seconded by Councilwoman Black,
that Council Bill 19-1236 be ordered published, was followed by a motion offered by
Councilwoman CdeBaca, duly seconded by Councilwoman Sawyer, that Council Bill
19-1236 be re-referred to Committee. Which motion to re-refer carried by the
following vote:
Referred
Aye: CdeBaca, Hinds, Kashmann, Kniech, Sandoval, Sawyer,
Torres (7)
Nay: Black, Clark, Flynn, Gilmore, Herndon, Ortega (6)
19-1246 A bill for an ordinance approving a proposed Cooperation
Agreement between the City and County of Denver and 4201 East Arkansas
Urban Redevelopment Area, to establish, among other matters, the
parameters for tax increment financing with incremental sales and
property taxes.
Approves a cooperation agreement with Denver Urban Renewal Authority for the
4201 East Arkansas Urban Redevelopment Area to establish the parameters for tax
increment financing with incremental sales and property taxes in Council District 6.
The last regularly scheduled Council meeting within the 30-day review period is on
12-16-19. The Committee approved filing this item at its meeting on 11-12-19.
A motion offered by Councilman Herndon, duly seconded by Councilwoman Gilmore,
that Council Bill 19-1246 be placed upon final consideration and do pass, was
followed by a motion offered by Councilwoman Black, duly seconded by
Councilwoman Ortega, that Council Bill 19-1246 be postponed to the end of the
public hearing on Council Bill 19-1245. Which motion to postpone carried by the
following vote:
Postponed
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
Nay: (None) (0)
Page 2
BLOCK VOTE
A motion offered by Councilman Herndon, duly seconded by Councilwoman Gilmore,
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)
RESOLUTIONS
Business, Arts, Workforce, & Aviation Services Committee
19-1238 A resolution approving a proposed Fourth Amendatory Agreement
between the City and County of Denver and Amelie Company to add
additional work, extend the term and add compensation to facilitate the
Youth Marijuana Education and Prevention Campaign.
Amends a contract with Amelie Company by adding $450,000 for a new total of
$2,900,000 and one year for a new end date of 12-31-20 to facilitate the Youth
Marijuana Education and Prevention Campaign through strategic planning, creative
development, media planning and placement, implementation, and performance
tracking and measurement, citywide (EXCIS-201731482-01). The last regularly
scheduled Council meeting within the 30-day review period is on 12-23-19. The
Committee approved filing this item at its meeting on 11-20-19.
A motion offered by Councilman Herndon, duly seconded by Councilwoman Gilmore,
that Council Resolution 19-1238 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)
19-1268 A resolution approving a proposed Amendatory Agreement
between the City and County of Denver and Aramark Sports and
Entertainment Services, LLC to remove obsolete language for food and
beverage services, concessions, catering and other services and add
minimum wage ordinance requirements.
Amends a concession agreement with Aramark Sports and Entertainment Services,
LLC by adding two years for a new end date of 10-31-22, removes obsolete
language for food and beverage services, concessions, catering and other services
and adding minimum wage ordinance requirements at the Denver Coliseum and Red
Rocks Amphitheatre. No change to agreement amount (THTRS-201737254-01
THTRS-201950684-01). The last regularly scheduled Council meeting within the
30-day review period is on 12-23-19. The Committee approved filing this item at its
meeting on 11-20-19.
A motion offered by Councilman Herndon, duly seconded by Councilwoman Gilmore,
that Council Resolution 19-1268 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
Land Use, Transportation & Infrastructure Committee
19-1252 A resolution approving a proposed CM/GC Construction Contract
between the City and County of Denver and AP Mountain States, LLC d/b/a
Adolfson & Peterson Construction for construction services to complete the
National Western Center Stockyard Event Center and South Stockyards.
Approves a contract with AP Mountain States, doing business as Adolphson &
Peterson, for $8,529,490 and through 3-17-21 for the construction and associated
administrative services of the National Western Center Stockyard Event Center and
South Stockyards including early site work, utilities, building foundations, long lead
materials (elevators, mechanical equipment, structural steel) and Pre-Engineered
metal building in Council District 9 (201952497).The last regularly scheduled Council
meeting within the 30-day review period is on 12-23-19. The Committee approved
filing this item at its meeting on 11-12-19.
A motion offered by Councilman Herndon, duly seconded by Councilwoman Gilmore,
that Council Resolution 19-1252 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)
19-1261 A resolution approving a proposed Second Amendatory Agreement
between the City and County of Denver and SP Plus Corporation to increase
the amount and extend the term.
Amends a contract with SP Plus Corporation by adding $2,100,000 for a new total of
$10,635,107 and one year for a new end date of 9-30-20 for the operation and
administration of three downtown city-owned parking garages (201417250
201951430). The last regularly scheduled Council meeting within the 30-day review
period is on 12-23-19. The Committee approved filing this item at its meeting on
11-19-19.
A motion offered by Councilman Herndon, duly seconded by Councilwoman Gilmore,
that Council Resolution 19-1261 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)
19-1267 A resolution accepting and approving the plat of Stapleton Filing
No. 59.
Approves a subdivision plat for Stapleton Filing No. 59, located between Beeler
Court, Northfield Boulevard, future Dallas Street and future 49th Place in Council
District 8. The Committee approved filing this item at its meeting on 11-19-19.
A motion offered by Councilman Herndon, duly seconded by Councilwoman Gilmore,
that Council Resolution 19-1267 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 4
19-1275 A resolution approving a proposed Amendatory Agreement
between the City and County of Denver and Groundfloor Media, Inc. by
adding compensation for the Parks and Recreation Forestry Division's
public education campaign.
Amends a contract with Groundfloor Media, Inc. by adding $300,000 for a new total
of $1,050,000 for the Parks and Recreation Forestry Division’s public education
campaign to inform residents about actions they can take against the Emerald Ash
Borer, a non-native insect, citywide. No change to contract duration (201523635).
The last regularly scheduled Council meeting within the 30-day review period is on
12-23-19. The Committee approved filing this item at its meeting on 11-19-19.
A motion offered by Councilman Herndon, duly seconded by Councilwoman Gilmore,
that Council Resolution 19-1275 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)
Safety, Housing, Education & Homelessness Committee
19-1230 A resolution approving a proposed First Amendment and
Modification Agreement between the City and County of Denver and 101
Apartment Developers, LLC to add language allowing the City’s loan to take
a subordinate position to the Colorado Housing and Finance Authority Land
Use Restriction Agreement to support the construction of 102 units of
income-restricted housing through a redevelopment of the historic 101
South Broadway building located at 21 W. 1st Avenue in the Baker
neighborhood.
Amends a loan agreement with 101 Apartment Developers, LLC to add language
allowing the City’s loan to take a subordinate position to the Colorado Housing and
Finance Authority’s (CHFA) Land Use Restriction Agreement (LURA) to support the
construction of 102 units of income-restricted housing for residents earning 60% of
area median income located at 21 West 1st Avenue in Council District 7. No change
to agreement amount or duration (OEDEV-201738188-00). The last regularly
scheduled Council meeting within the 30-day review period is on 12-23-19. The
Committee approved filing this item at its meeting on 11-13-19.
A motion offered by Councilman Herndon, duly seconded by Councilwoman Gilmore,
that Council Resolution 19-1230 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
19-1253 A resolution approving a proposed Amendment and Modification
Agreement between the City and County of Denver and Moline@Stapleton
Apartments, LLLP to allow the City to subordinate its deed of trust to a land
use restriction agreement.
Amends an agreement with Moline@Stapleton Apartments, LLLP to add language
allowing the City’s loan to take a subordinate position to the Colorado Housing and
Finance Authority’s (CHFA) Land Use Restriction Agreement (LURA) to support the
development of Moline@Stapleton Apartments, a 180 unit affordable housing
community located at 2820 Moline Street in Council District 8. No change to
agreement amount or duration (OEDEV-201735845-00). The last regularly scheduled
Council meeting within the 30-day review period is on 12-23-19. The Committee
approved filing this item at its meeting on 11-13-19.
A motion offered by Councilman Herndon, duly seconded by Councilwoman Gilmore,
that Council Resolution 19-1253 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)
19-1270 A resolution approving a proposed Fifth Amendatory Agreement
between the City and County of Denver and Bailey & Deatsch, P.C. by
adding compensation and a new end date to provide indigent defense.
Amends a contract with Bailey & Deatsch P.C. by adding $207,345.60 for a new total
of $880,531.20 and one year for a new end date of 12-31-20 to provide indigent
defense to those charged with a municipal ordinance violation when the Office of the
Municipal Public Defender has a conflict of interest (DOMDP - 201525248
201952170). The last regularly scheduled Council meeting within the 30-day review
period is on 12-23-19. The Committee approved filing this item at its meeting on
11-20-19.
A motion offered by Councilman Herndon, duly seconded by Councilwoman Gilmore,
that Council Resolution 19-1270 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)
BILLS FOR INTRODUCTION
City Council - Direct Files
19-1292 A bill for an ordinance codifying the existing office of legislative
services and specifying its personnel, duties and functions.
A bill for an ordinance codifying the existing office of legislative services and
specifying its personnel, duties and functions. Council member Kniech approved
direct filing this item on 11-27-19.
Council Bill [FILE_NR] was ordered published on first reading
Ordered published on first reading
Page 6
Finance & Governance Committee
19-1195 A bill for an ordinance establishing a new fund in the General
Government Special Revenue Fund Series for the “Stapleton Retained Tax
Reserve” Fund.
Establishes the Stapleton Retained Tax Reserve Special Revenue Fund in the
General Government Special Revenue Fund Series. The Committee approved filing
this item at its meeting on 11-19-19.
Council Bill 19-1195 was ordered published on first reading
Ordered published on first reading
19-1240 A bill for an ordinance making a rescission from General Fund
Contingency, making a supplemental appropriation to the Denver Police
Department, making appropriations in the General Fund to make cash
transfers to the Capital Improvements and Capital Maintenance Fund, and
making a supplemental appropriation in the Environmental Services
Enterprise Fund.
Rescinds $6,196,000 from General Fund Contingency to make a supplemental
appropriation in the Denver Police Department, to make a cash transfer to and
appropriations in the Capital Improvement and Maintenance Projects Fund for
technology investments and for capital improvements to the 405 South Platte
project, and approves a supplemental appropriation of $250,000 in the
Environmental Services Enterprise Fund. The Committee approved filing this item at
its meeting on 11-19-19.
Council Bill 19-1240 was ordered published on first reading
Ordered published on first reading
19-1260 A bill for an ordinance authorizing expenditures from the Dental
Self-Insurance Fund.
Approves an appropriation for the 2020 Self-Insured Dental Fund totaling
$11,196,418.32. The Committee approved filing this item at its meeting on
11-19-19.
Council Bill 19-1260 was ordered published on first reading
Ordered published on first reading
19-1271 A bill for an ordinance amending the 1963 Retirement Plan with
regard to contributions and payroll deductions.
Amends Chapter 18 of the Denver Revised Municipal Code (DRMC) for modifications
to the Denver Employees Retirement Plan (DERP) regarding contributions and
payroll deductions. The Committee approved filing this item at its meeting on
11-19-19.
Council Bill 19-1271 was ordered published on first reading
Ordered published on first reading
Page 7
19-1272 A bill for an ordinance making a supplemental appropriation from
General Fund Contingency to the Department of Finance to make a
payment to the Denver Employees Retirement Plan.
Approves a supplemental appropriation of $4,772,435 from General Fund
contingency to the Department of Finance for a payment in 2019 to maintain the
Denver Employees Retirement Plan (DERP) on a sound actuarial basis. The
Committee approved filing this item at its meeting on 11-19-19.
Council Bill 19-1272 was ordered published on first reading
Ordered published on first reading
19-1273 A bill for an ordinance making a rescission from the General Fund
Public Works appropriation and making an appropriation in and a cash
transfer to the Capital Improvements and Capital Maintenance Fund.
Rescinds and re-appropriates $200,000 from General Fund appropriations to the
Capital Improvements and Capital Maintenance Fund to support a speed and safety
study in response to City Council’s 2020 budget request. The Committee approved
filing this item at its meeting on 11-19-19.
Council Bill 19-1273 was ordered published on first reading
Ordered published on first reading
19-1274 A bill for an ordinance making an appropriation in the Community
Corrections Special Revenue Fund and authorizing a cash transfer to the
General Fund.
Establishes budget in the Community Corrections Special Revenue Fund to transfer
the cash balance from prior year State contracts that total $110,652 to the General
Fund. This revenue is assumed in the 2020 General Fund budget appropriation. The
Committee approved filing this item at its meeting on 11-19-19.
Council Bill 19-1274 was ordered published on first reading
Ordered published on first reading
Land Use, Transportation & Infrastructure Committee
19-1109 A bill for an ordinance approving a proposed Agreement between
the City and County of Denver and Urban Drainage and Flood Control
District for drainage and flood control improvements regarding the South
Platte River upstream of Mississippi Avenue.
Approves an intergovernmental agreement with Urban Drainage and Flood Control
District (UDFCD), doing business as Mile High Flood District for $2,000,000, with
$1,000,000 of UDFCD funds and $1,000,000 of City funds for the South Platte River
Upstream of Mississippi project, for drainage and flood control facilities
improvements extending along the South Platte River upstream of Mississippi
throughout the City (201952174).The last regularly scheduled Council meeting within
the 30-day review period is on 12-23-19. The Committee approved filing this item at
its meeting on 10-22-19.
Council Bill 19-1109 was ordered published on first reading
Ordered published on first reading
Page 8
19-1269 A bill for an ordinance approving a proposed Agreement between
the City and County of Denver and Metro Wastewater Reclamation District,
to perform rehabilitation work on major sanitary sewer lines serving the
City.
Approves an access and use permit agreement with Metro Wastewater Reclamation
District to perform rehabilitation work on major sanitary sewer lines serving the
City, located in Lower Lakewood Gulch Park, City of Cuernavaca Park and
Carpio-Sanguinette Park in Council Districts 1, 3, and 9 (201952332-00). The last
regularly scheduled Council meeting within the 30-day review period is on 12-23-19.
The Committee approved filing this item at its meeting on 11-19-19.
Council Bill 19-1269 was ordered published on first reading
Ordered published on first reading
Safety, Housing, Education & Homelessness Committee
19-1242 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 increase the amount and extend the term.
Amends a contract with Denver Health and Hospital Authority by adding $349,992
for a new total of $1,399,984 and one year for a new end date of 12-31-20 to
expand access and availability of evidence-based treatment services to Denver’s
homeless population, recently released from detox, citywide
(SOCSV-2016-31694-03; SOCSV-201952411-03). The last regularly scheduled
Council meeting within the 30-day review period is on 12-23-19. The Committee
approved filing this item at its meeting on 11-13-19.
Council Bill 19-1242 was ordered published on first reading
Ordered published on first reading
BILLS FOR FINAL CONSIDERATION
Finance & Governance Committee
19-1116 A bill for an ordinance increasing the number of county judges
from seventeen to eighteen.
Amends Section 14-2(a) of the Denver Revised Municipal Code (DRMC) to increase
the number of County Judges from seventeen to eighteen. The Committee approved
filing this item at its meeting on 10-22-19. This item was approved for late filing by
Council President Clark.
A motion offered by Councilman Herndon, duly seconded by Councilwoman Gilmore,
that Council Bill 19-1116 be placed upon final consideration and do pass en bloc,
carried by the following vote:
Placed upon final consideration and do pass
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
Nay: (None) (0)
Page 9
Safety, Housing, Education & Homelessness Committee
19-1189 A bill for an ordinance approving a proposed Seventh Amended and
Restated Intergovernmental Agreement to Provide Fire Protection between
the City and County of Denver and the City of Sheridan.
Amends an intergovernmental agreement with the City of Sheridan by renewing the
agreement for an additional year through 12-31-20 at an annual rate of $2,148,634
in revenue to provide fire protection services to the City of Sheridan
(FIRES201208809 FIRES-201952305). The last regularly scheduled Council meeting
within the 30-day review period is on 12-16-19. The Committee approved filing this
item at its meeting on 11-6-19.
A motion offered by Councilman Herndon, duly seconded by Councilwoman Gilmore,
that Council Bill 19-1189 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)
PRE-RECESS ANNOUNCEMENT
Council President Clark announced that tonight there will be a
required public hearing on Council Bill 19-1057, changing the zoning
classification for 2975 Huron Street in Five Points; a required public
hearing on Council Bill 19-1058, changing the zoning classification
for 2100 South Colorado Boulevard, 4040 East Evans Avenue, 2140
South Albion Street, 2130-2150 South Colorado Boulevard and
4102-4108 East Evans Avenue in University Hills; and, a required
public hearing on Council Bill 19-1245, approving the 4201 East
Arkansas Urban Redevelopment Plan and the creation of the 4201
East Arkansas Urban Redevelopment Area and the 4201 East
Arkansas Sales and Property Tax Increment Areas. Anyone wishing
to speak on any 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 10
PUBLIC HEARINGS - BILLS FOR FINAL CONSIDERATION
Land Use, Transportation & Infrastructure Committee
19-1057 A bill for an ordinance changing the zoning classification for 2975
Huron Street in Five Points.
Approves an official map amendment to rezone property located at 2975 Huron
Street from R-MU-30 with waivers to C-MX-12 (residential, mixed-use to urban
center, mixed-use) in Council District 9. The Committee approved filing this item at
its meeting on 10-15-19.
Council sat as a Committee of the Whole, commencing at 6:30 p.m., Council
President Clark presiding, to hear speakers on Council Bill 19-1057. James Dirienso
and Caitlin Quander signed up to speak in favor of the bill. Chairman SeKu and Jesse
Parris signed up to speak in opposition of the bill. Courtney Levingston of
Community Planning and Development delivered the staff report.
A motion offered by Councilman Herndon, duly seconded by Councilwoman Gilmore,
that Council Bill 19-1057 be placed upon final consideration and do pass. The motion
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)
19-1058 A bill for an ordinance changing the zoning classification for 2100
South Colorado Boulevard, 4040 East Evans Avenue, 2140 South Albion
Street, 2130-2150 South Colorado Boulevard and 4102-4108 East Evans
Avenue in University Hills.
Approves an official map amendment to rezone properties located at 2100 South
Colorado Boulevard, 4040 East Evans Avenue, 2140 South Albion Street, 2130-2150
South Colorado Boulevard, and 4102- 4108 East Evans Avenue from C-MX-5 and
C-MX-5 UO-1, UO-2 to C-MX-12 (urban center, mixed-use, five-stories to urban
center, mixed-use, twelve-stories) in Council District 4. The Committee approved
filing this item at its meeting on 10-22-19.
Council sat as a Committee of the Whole, commencing at 6:53 p.m., Council
President Clark presiding, to hear speakers on Council Bill 19-1058. Vincent English,
Brit Probst, Sandy Heccomovich, Robert Forster, Rita Henry, Matthew Hubbard,
Jennifer Neuhalfen, Brooke Webb, Pamela Whitney Walshe, Ryan Morrissey, Laurie
Bissell, Max Everett, Barry Brostoff, Sam Murib, Sharon Pearson, Elizabeth Davis,
Kyle Axner, Kimberlee Tessean and Paul Leone signed up to speak in favor of the
bill. Chairman Seku and Jesse Parris signed up to speak in opposition of the bill.
Scott Robinson of Community Planning and Development delivered the staff report.
A motion offered by Councilman Herndon, duly seconded by Councilwoman Black,
that Council Bill 19-1058 be placed upon final consideration and do pass. The motion
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 11
19-1245 A bill for an ordinance approving the 4201 East Arkansas Urban
Redevelopment Plan and the creation of the 4201 East Arkansas Urban
Redevelopment Area and the 4201 East Arkansas Sales and Property Tax
Increment Areas.
Approves the 4201 East Arkansas Urban Redevelopment Plan authorizing the
creation of an Urban Redevelopment Area and sales and property tax increment
areas in Council District 6. The Committee approved filing this item at its meeting on
11-12-19.
Council sat as a Committee of the Whole, commencing at 8:24 p.m., Council
President Clark presiding, to hear speakers on Council Bill 19-1245. Curtis Rowe,
Chris Viscardi, Chris Viscardi, Jimmy Balafas,
Pamela Whitney Walshe, Deborah Powers, Monty Powers, Brooke Webb, Russell
Welch, Stuart Anderson, Jeff DeHarty, Bill James, Chairman Seku and Jesse Parris
signed up to speak in favor of the bill. No speakers signed up to speak in opposition
of the bill. Tracy Huggins of Denver Urban Renewal Authority delivered the staff
report.
A motion offered by Councilman Herndon, duly seconded by Councilwoman Gilmore,
that Council Bill 19-1245 be placed upon final consideration and do pass. The motion
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)
Finance & Governance Committee
19-1246 A bill for an ordinance approving a proposed Cooperation
Agreement between the City and County of Denver and 4201 East Arkansas
Urban Redevelopment Area, to establish, among other matters, the
parameters for tax increment financing with incremental sales and
property taxes.
Approves a cooperation agreement with Denver Urban Renewal Authority for the
4201 East Arkansas Urban Redevelopment Area to establish the parameters for tax
increment financing with incremental sales and property taxes in Council District 6.
The last regularly scheduled Council meeting within the 30-day review period is on
12-16-19. The Committee approved filing this item at its meeting on 11-12-19.
A motion offered by Councilman Herndon, duly seconded by Councilwoman Gilmore,
that Council Bill 19-1246 be placed upon final consideration and do pass. The motion
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)
PRE-ADJOURNMENT ANNOUNCEMENT
Page 12
ADJOURN
There being no further business before the City Council, Council President Clark
adjourned the meeting at 9:42 p.m.
President
Attested by me with the Corporate Seal of the City and County of Denver
Clerk and Recorder, Ex-Officio Clerk
of the City and County of Denver
Page 13
Agenda
City Council Meeting of Monday, December 2, 2019
City and County of Denver
Robin Kniech........................At Large Jolon Clark........................District 7
Deborah “Debbie” Ortega.......At Large Christopher Herndon...........District 8
Amanda P. 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, December 2, 2019
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF THE MINUTES
19-1336 Minutes of Monday, November 25, 2019
COUNCIL ANNOUNCEMENTS
PRESENTATIONS
COMMUNICATIONS
PROCLAMATIONS
RESOLUTIONS
Business, Arts, Workforce, & Aviation Services Committee
19-1220 A resolution approving a proposed Contract between the City and
County of Denver and AXS Group, LLC to add compensation and five years
to provide ticketing services, box office operation, information and call
center functions, and marketing support for City venues.
Approves a contract with AXS Group, LLC for $5,010,613 and for five years to
provide ticketing services, box office operation, information and call center
functions, and marketing support for City venues (THTRS-201952501). The last
regularly scheduled Council meeting within the 30-day review period is on 12-23-19.
The Committee approved filing this item at its meeting on 11-20-19.
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City Council Agenda Monday, December 2, 2019
19-1238 A resolution approving a proposed Fourth Amendatory Agreement
between the City and County of Denver and Amelie Company to add
additional work, extend the term and add compensation to facilitate the
Youth Marijuana Education and Prevention Campaign.
Amends a contract with Amelie Company by adding $450,000 for a new total of
$2,900,000 and one year for a new end date of 12-31-20 to facilitate the Youth
Marijuana Education and Prevention Campaign through strategic planning, creative
development, media planning and placement, implementation, and performance
tracking and measurement, citywide (EXCIS-201731482-01). The last regularly
scheduled Council meeting within the 30-day review period is on 12-23-19. The
Committee approved filing this item at its meeting on 11-20-19.
19-1268 A resolution approving a proposed Amendatory Agreement
between the City and County of Denver and Aramark Sports and
Entertainment Services, LLC to remove obsolete language for food and
beverage services, concessions, catering and other services and add
minimum wage ordinance requirements.
Amends a concession agreement with Aramark Sports and Entertainment Services,
LLC by adding two years for a new end date of 10-31-22, removes obsolete
language for food and beverage services, concessions, catering and other services
and adding minimum wage ordinance requirements at the Denver Coliseum and Red
Rocks Amphitheatre. No change to agreement amount (THTRS-201737254-01
THTRS-201950684-01). The last regularly scheduled Council meeting within the
30-day review period is on 12-23-19. The Committee approved filing this item at its
meeting on 11-20-19.
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City Council Agenda Monday, December 2, 2019
Land Use, Transportation & Infrastructure Committee
19-1252 A resolution approving a proposed CM/GC Construction Contract
between the City and County of Denver and AP Mountain States, LLC d/b/a
Adolfson & Peterson Construction for construction services to complete the
National Western Center Stockyard Event Center and South Stockyards.
Approves a contract with AP Mountain States, doing business as Adolphson &
Peterson, for $8,529,490 and through 3-17-21 for the construction and associated
administrative services of the National Western Center Stockyard Event Center and
South Stockyards including early site work, utilities, building foundations, long lead
materials (elevators, mechanical equipment, structural steel) and Pre-Engineered
metal building in Council District 9 (201952497).The last regularly scheduled Council
meeting within the 30-day review period is on 12-23-19. The Committee approved
filing this item at its meeting on 11-12-19.
19-1261 A resolution approving a proposed Second Amendatory Agreement
between the City and County of Denver and SP Plus Corporation to increase
the amount and extend the term.
Amends a contract with SP Plus Corporation by adding $2,100,000 for a new total of
$10,635,107 and one year for a new end date of 9-30-20 for the operation and
administration of three downtown city-owned parking garages (201417250
201951430). The last regularly scheduled Council meeting within the 30-day review
period is on 12-23-19. The Committee approved filing this item at its meeting on
11-19-19.
19-1267 A resolution accepting and approving the plat of Stapleton Filing
No. 59.
Approves a subdivision plat for Stapleton Filing No. 59, located between Beeler
Court, Northfield Boulevard, future Dallas Street and future 49th Place in Council
District 8. The Committee approved filing this item at its meeting on 11-19-19.
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City Council Agenda Monday, December 2, 2019
19-1275 A resolution approving a proposed Amendatory Agreement
between the City and County of Denver and Groundfloor Media, Inc. by
adding compensation for the Parks and Recreation Forestry Division's
public education campaign.
Amends a contract with Groundfloor Media, Inc. by adding $300,000 for a new total
of $1,050,000 for the Parks and Recreation Forestry Division’s public education
campaign to inform residents about actions they can take against the Emerald Ash
Borer, a non-native insect, citywide. No change to contract duration (201523635).
The last regularly scheduled Council meeting within the 30-day review period is on
12-23-19. The Committee approved filing this item at its meeting on 11-19-19.
Safety, Housing, Education & Homelessness Committee
19-1230 A resolution approving a proposed First Amendment and
Modification Agreement between the City and County of Denver and 101
Apartment Developers, LLC to add language allowing the City’s loan to take
a subordinate position to the Colorado Housing and Finance Authority Land
Use Restriction Agreement to support the construction of 102 units of
income-restricted housing through a redevelopment of the historic 101
South Broadway building located at 21 W. 1st Avenue in the Baker
neighborhood.
Amends a loan agreement with 101 Apartment Developers, LLC to add language
allowing the City’s loan to take a subordinate position to the Colorado Housing and
Finance Authority’s (CHFA) Land Use Restriction Agreement (LURA) to support the
construction of 102 units of income-restricted housing for residents earning 60% of
area median income located at 21 West 1st Avenue in Council District 7. No change
to agreement amount or duration (OEDEV-201738188-00). The last regularly
scheduled Council meeting within the 30-day review period is on 12-23-19. The
Committee approved filing this item at its meeting on 11-13-19.
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City Council Agenda Monday, December 2, 2019
19-1253 A resolution approving a proposed Amendment and Modification
Agreement between the City and County of Denver and Moline@Stapleton
Apartments, LLLP to allow the City to subordinate its deed of trust to a land
use restriction agreement.
Amends an agreement with Moline@Stapleton Apartments, LLLP to add language
allowing the City’s loan to take a subordinate position to the Colorado Housing and
Finance Authority’s (CHFA) Land Use Restriction Agreement (LURA) to support the
development of Moline@Stapleton Apartments, a 180 unit affordable housing
community located at 2820 Moline Street in Council District 8. No change to
agreement amount or duration (OEDEV-201735845-00). The last regularly scheduled
Council meeting within the 30-day review period is on 12-23-19. The Committee
approved filing this item at its meeting on 11-13-19.
19-1270 A resolution approving a proposed Fifth Amendatory Agreement
between the City and County of Denver and Bailey & Deatsch, P.C. by
adding compensation and a new end date to provide indigent defense.
Amends a contract with Bailey & Deatsch P.C. by adding $207,345.60 for a new total
of $880,531.20 and one year for a new end date of 12-31-20 to provide indigent
defense to those charged with a municipal ordinance violation when the Office of the
Municipal Public Defender has a conflict of interest (DOMDP - 201525248
201952170). The last regularly scheduled Council meeting within the 30-day review
period is on 12-23-19. The Committee approved filing this item at its meeting on
11-20-19.
BILLS FOR INTRODUCTION
City Council - Direct Files
19-1292 A bill for an ordinance codifying the existing office of legislative
services and specifying its personnel, duties and functions.
A bill for an ordinance codifying the existing office of legislative services and
specifying its personnel, duties and functions. Council member Kniech approved
direct filing this item on 11-27-19.
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City Council Agenda Monday, December 2, 2019
Finance & Governance Committee
19-1195 A bill for an ordinance establishing a new fund in the General
Government Special Revenue Fund Series for the “Stapleton Retained Tax
Reserve” Fund.
Establishes the Stapleton Retained Tax Reserve Special Revenue Fund in the
General Government Special Revenue Fund Series. The Committee approved filing
this item at its meeting on 11-19-19.
19-1236 A bill for an ordinance approving the Mayor’s appointments and
reappointment to the Denver Community Corrections Board.
Approves the following Mayoral appointments and reappointment to the Denver
Community Corrections Board: appointment of Steven Abraham to serve as a
representative of the District Attorney’s Office for a term effective immediately and
expiring 6-30-21; appointment of Paul Rosenthal to serve as a citizen representative
for a term effective immediately and expiring 6-30-22; and appointment of Frances
Gomez to serve as a representative of the Sheriff’s Department for a term effective
immediately and expiring 6-30-22 or until a successor is duly appointed and the
reappointment of Jane Prancan to serve as a citizen representative for a term
effective immediately and expiring 6-30-23 or until a successor is duly appointed.
The Committee approved filing this item by consent on 11-19-19.
19-1240 A bill for an ordinance making a rescission from General Fund
Contingency, making a supplemental appropriation to the Denver Police
Department, making appropriations in the General Fund to make cash
transfers to the Capital Improvements and Capital Maintenance Fund, and
making a supplemental appropriation in the Environmental Services
Enterprise Fund.
Rescinds $6,196,000 from General Fund Contingency to make a supplemental
appropriation in the Denver Police Department, to make a cash transfer to and
appropriations in the Capital Improvement and Maintenance Projects Fund for
technology investments and for capital improvements to the 405 South Platte
project, and approves a supplemental appropriation of $250,000 in the
Environmental Services Enterprise Fund. The Committee approved filing this item at
its meeting on 11-19-19.
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City Council Agenda Monday, December 2, 2019
19-1260 A bill for an ordinance authorizing expenditures from the Dental
Self-Insurance Fund.
Approves an appropriation for the 2020 Self-Insured Dental Fund totaling
$11,196,418.32. The Committee approved filing this item at its meeting on
11-19-19.
19-1271 A bill for an ordinance amending the 1963 Retirement Plan with
regard to contributions and payroll deductions.
Amends Chapter 18 of the Denver Revised Municipal Code (DRMC) for modifications
to the Denver Employees Retirement Plan (DERP) regarding contributions and
payroll deductions. The Committee approved filing this item at its meeting on
11-19-19.
19-1272 A bill for an ordinance making a supplemental appropriation from
General Fund Contingency to the Department of Finance to make a
payment to the Denver Employees Retirement Plan.
Approves a supplemental appropriation of $4,772,435 from General Fund
contingency to the Department of Finance for a payment in 2019 to maintain the
Denver Employees Retirement Plan (DERP) on a sound actuarial basis. The
Committee approved filing this item at its meeting on 11-19-19.
19-1273 A bill for an ordinance making a rescission from the General Fund
Public Works appropriation and making an appropriation in and a cash
transfer to the Capital Improvements and Capital Maintenance Fund.
Rescinds and re-appropriates $200,000 from General Fund appropriations to the
Capital Improvements and Capital Maintenance Fund to support a speed and safety
study in response to City Council’s 2020 budget request. The Committee approved
filing this item at its meeting on 11-19-19.
19-1274 A bill for an ordinance making an appropriation in the Community
Corrections Special Revenue Fund and authorizing a cash transfer to the
General Fund.
Establishes budget in the Community Corrections Special Revenue Fund to transfer
the cash balance from prior year State contracts that total $110,652 to the General
Fund. This revenue is assumed in the 2020 General Fund budget appropriation. The
Committee approved filing this item at its meeting on 11-19-19.
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City Council Agenda Monday, December 2, 2019
Land Use, Transportation & Infrastructure Committee
19-1109 A bill for an ordinance approving a proposed Agreement between
the City and County of Denver and Urban Drainage and Flood Control
District for drainage and flood control improvements regarding the South
Platte River upstream of Mississippi Avenue.
Approves an intergovernmental agreement with Urban Drainage and Flood Control
District (UDFCD), doing business as Mile High Flood District for $2,000,000, with
$1,000,000 of UDFCD funds and $1,000,000 of City funds for the South Platte River
Upstream of Mississippi project, for drainage and flood control facilities
improvements extending along the South Platte River upstream of Mississippi
throughout the City (201952174).The last regularly scheduled Council meeting within
the 30-day review period is on 12-23-19. The Committee approved filing this item at
its meeting on 10-22-19.
19-1269 A bill for an ordinance approving a proposed Agreement between
the City and County of Denver and Metro Wastewater Reclamation District,
to perform rehabilitation work on major sanitary sewer lines serving the
City.
Approves an access and use permit agreement with Metro Wastewater Reclamation
District to perform rehabilitation work on major sanitary sewer lines serving the
City, located in Lower Lakewood Gulch Park, City of Cuernavaca Park and
Carpio-Sanguinette Park in Council Districts 1, 3, and 9 (201952332-00). The last
regularly scheduled Council meeting within the 30-day review period is on 12-23-19.
The Committee approved filing this item at its meeting on 11-19-19.
Safety, Housing, Education & Homelessness Committee
19-1242 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 increase the amount and extend the term.
Amends a contract with Denver Health and Hospital Authority by adding $349,992
for a new total of $1,399,984 and one year for a new end date of 12-31-20 to
expand access and availability of evidence-based treatment services to Denver’s
homeless population, recently released from detox, citywide
(SOCSV-2016-31694-03; SOCSV-201952411-03). The last regularly scheduled
Council meeting within the 30-day review period is on 12-23-19. The Committee
approved filing this item at its meeting on 11-13-19.
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City Council Agenda Monday, December 2, 2019
BILLS FOR FINAL CONSIDERATION
Finance & Governance Committee
19-1116 A bill for an ordinance increasing the number of county judges
from seventeen to eighteen.
Amends Section 14-2(a) of the Denver Revised Municipal Code (DRMC) to increase
the number of County Judges from seventeen to eighteen. The Committee approved
filing this item at its meeting on 10-22-19. This item was approved for late filing by
Council President Clark.
19-1246 A bill for an ordinance approving a proposed Cooperation
Agreement between the City and County of Denver and 4201 East Arkansas
Urban Redevelopment Area, to establish, among other matters, the
parameters for tax increment financing with incremental sales and
property taxes.
Approves a cooperation agreement with Denver Urban Renewal Authority for the
4201 East Arkansas Urban Redevelopment Area to establish the parameters for tax
increment financing with incremental sales and property taxes in Council District 6.
The last regularly scheduled Council meeting within the 30-day review period is on
12-16-19. The Committee approved filing this item at its meeting on 11-12-19.
Safety, Housing, Education & Homelessness Committee
19-1189 A bill for an ordinance approving a proposed Seventh Amended
and Restated Intergovernmental Agreement to Provide Fire Protection
between the City and County of Denver and the City of Sheridan.
Amends an intergovernmental agreement with the City of Sheridan by renewing the
agreement for an additional year through 12-31-20 at an annual rate of $2,148,634
in revenue to provide fire protection services to the City of Sheridan
(FIRES201208809 FIRES-201952305). The last regularly scheduled Council meeting
within the 30-day review period is on 12-16-19. The Committee approved filing this
item at its meeting on 11-6-19.
RECAP OF BILLS TO BE CALLED OUT
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City Council Agenda Monday, December 2, 2019
PRE-RECESS ANNOUNCEMENT
Tonight there will be a required public hearing on Council Bill
19-1057, changing the zoning classification for 2975 Huron Street in
Five Points; a required public hearing on Council Bill 19-1058,
changing the zoning classification for 2100 South Colorado
Boulevard, 4040 East Evans Avenue, 2140 South Albion Street,
2130-2150 South Colorado Boulevard and 4102-4108 East Evans
Avenue in University Hills; and, a required public hearing on Council
Bill 19-1245, approving the 4201 East Arkansas Urban
Redevelopment Plan and the creation of the 4201 East Arkansas
Urban Redevelopment Area and the 4201 East Arkansas Sales and
Property Tax Increment Areas. Anyone wishing to speak on any 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
PUBLIC HEARINGS - BILLS FOR FINAL CONSIDERATION
Land Use, Transportation & Infrastructure Committee
19-1057 A bill for an ordinance changing the zoning classification for 2975
Huron Street in Five Points.
Approves an official map amendment to rezone property located at 2975 Huron
Street from R-MU-30 with waivers to C-MX-12 (residential, mixed-use to urban
center, mixed-use) in Council District 9. The Committee approved filing this item at
its meeting on 10-15-19.
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City Council Agenda Monday, December 2, 2019
19-1058 A bill for an ordinance changing the zoning classification for 2100
South Colorado Boulevard, 4040 East Evans Avenue, 2140 South Albion
Street, 2130-2150 South Colorado Boulevard and 4102-4108 East Evans
Avenue in University Hills.
Approves an official map amendment to rezone properties located at 2100 South
Colorado Boulevard, 4040 East Evans Avenue, 2140 South Albion Street, 2130-2150
South Colorado Boulevard, and 4102- 4108 East Evans Avenue from C-MX-5 and
C-MX-5 UO-1, UO-2 to C-MX-12 (urban center, mixed-use, five-stories to urban
center, mixed-use, twelve-stories) in Council District 4. The Committee approved
filing this item at its meeting on 10-22-19.
19-1245 A bill for an ordinance approving the 4201 East Arkansas Urban
Redevelopment Plan and the creation of the 4201 East Arkansas Urban
Redevelopment Area and the 4201 East Arkansas Sales and Property Tax
Increment Areas.
Approves the 4201 East Arkansas Urban Redevelopment Plan authorizing the
creation of an Urban Redevelopment Area and sales and property tax increment
areas in Council District 6. The Committee approved filing this item at its meeting on
11-12-19.
PRE-ADJOURNMENT ANNOUNCEMENT
ADJOURN
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City Council Agenda Monday, December 2, 2019
PENDING
FOR 12-9-19:
19-1155 A bill for an ordinance changing the zoning classification for
10353 East Mississippi Avenue in Windsor.
Approves an official map amendment to rezone property located at 10353 East
Mississippi Avenue from B-1 with Condition to S-MX-3 (business district in the former
chapter 59 zoning to suburban, mixed-use) in Council District 5. The Committee
approved filing this item at its meeting on 10-29-19.
Final Consideration | Required Public Hearing
19-1156 A bill for an ordinance changing the zoning classification for 2220
Blake Street in Five Points.
Approves an official map amendment to rezone a portion of the property located at
2220 Blake Street from R-MU-30 with waivers and conditions to C-MX-5 (residential,
multi-unit in the former chapter 59 zoning code to urban center, mixed use) in
Council District 9. The Committee approved filing this item at its meeting on
10-29-19.
Final Consideration | Required Public Hearing
FOR 12-16-19:
19-1158 A bill for an ordinance changing the zoning classification for 1369
Quince Street in East Colfax.
Approves an official map amendment to rezone property located at 1369 Quince
Street from E-SU-Dx to E-SU-D1x (allows for an accessory dwelling unit) in Council
District 5. The Committee approved filing this item at its meeting on 11-5-19.
Final Consideration | Required Public Hearing
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