Refers to the ballot at the November 3, 2015 coordinated election a question concerning the approval of an Amendatory Intergovernmental Agreement with Adams County governing the development and use of certain property at Denver International Airport. (BUSINESS DEVELOPMENT) Refers to the ballot at the November 3, 2015 coordinated election a question concerning the approval of an Amendatory Intergovernmental Agreement with Adams County governing the development and use of certain property at Denver International Airport. The last regularly scheduled Council meeting within the 30-day review period is on    .  The Committee approved filing this bill at its meeting 6-9-15.
Thank you, Madam President. And move that bill for order to be published. Actually, it's final consideration. Oh, it's consideration. Okay. The place upon final thought. I'll do it again. I believe I move that council bill for it to be placed upon final consideration. Do pass. Thank you so much. Okay. I need a second. It's been moved and seconded. Councilman Neville, we need a motion to amend. Thank you, Madam President. So there are two amendments. And if we could take them in sequence, that would be great. So I move that Council Bill four to be amended in the following particulars on page three, lines six and seven, strike the clerk file reference 2015 Dash 0264 and insert this is important. 2015 dash 026 for a. Thank you. It's been moved and seconded comments by members of council councilmen Nevett and then Councilwoman Sheperd. Thank you, Madam President. So this this is to change or to update the clerk filing number as a consequence for the. I'm sorry, I'll start again. This is to change the clerk filing number for the amended I.J with Adams County. After the original filing of the document on June 18th, there was some back and forth between our attorneys and their attorneys and some clarifying language. No, no substantive changes have been made, but agreements and changes on clarifying language have been added. And so we need a new clerk filing number to refer to the updated document. The the changes just to outline them for you. There were four changes. One had to do with notice to the the OCC, the Adams County Group involved with the with the IGR in the airport regarding concessions and leasing activity at DIA, we had committed in our in our term sheet and what we had approved at committee and then here last week to give notice to the airport coordinating committee of any new leases and concessions at DIA outside of the terminal complex area. But there was some additional language to properly define what the terminal complex area is, and that's now clarified and is illustrated in the amended Iwga Amendment. Number two, or minor change number two has to do with the procedures for the approval of bioscience businesses on development parcels at DIA. The Intergovernmental Agreement limits bioscience businesses at DIA that would compete with the Fitzsimmons Medical Campus in Aurora, but includes procedures for waiving those restrictions. And the IGA needed to be clarified regarding what those procedures were on how the RCC would grant a waiver for biomedical businesses at DIA. The third minor clarification involved the enforcement of the revenue sharing obligation on the part of Denver, if you recall, were sharing 50% of the tax revenue on the specified development parcels and clarity was added to the proposed IGA that the the the share that Denver would be sharing could not be diverted for any other purpose. And then finally, the, the fourth minor change had to do with the rights of third party beneficiaries under the original IGA, the 1988 IGA, that was with Adams County. But there are provisions that grant cities in Adams County that border the airport, special third party beneficiary status, and those were Aurora and Commerce City. And the the clarifying language that's been added to the a mandatory IGA ensures that Aurora and Commerce City alone as those third party beneficiaries will continue to enjoy this third party beneficiary status. So those are the that's a that's a lot of palaver for the addition of the letter A to a clerk filing number. But that was the the the language that we're adding to the IGA. Thank you, Councilman Nevett. Councilman Shepard. Thank you, Madam President. Pro Tem, I actually called this out because I wanted to call it up for a vote. So I'm assuming you want to do that after the motions. Want to call it out. Yeah. Okay. It's. I should work on the amendment first. Okay. Yeah. All right. All right. So, Madam Secretary, roll call on the amendment. Nevett I. Ortega, Rob Shepherd, i. Sussman Brooks, i. Brown. I thought I can eat lemon pie. Lopez All right. Madam President. Hi, Ortega. Sorry. Still waiting for councilman parts. Thank you, Madam Secretary. Please close the voting and announce the results. 12 Eyes. 12 Eyes. Council Bill 402 has been amended. Councilman Neville, we need a motion to amend. Thank you, Madam President. This is the Second Amendment. So I move that council bill 402 be amended in the following particulars on page two, line 20. Strike the quote unquote comma after the word development and insert the following words, quote Without imposing any new tax or increasing any tax rate. Comma. Thank you. It's been moved and seconded. Comments by members of council. Gentlemen never do anything additional. Yes, ma'am. So the purpose of this amendment is just to add some clarifying language to the ballot question that we are sending to the voters to assure them that a yes vote on approving the new a mandatory IGA will not result in any tax increase over and above any current tax rates. There's a number of other items on the ballot this November that have tax issues in them, and we just wanted to make absolutely sure that the voters understood that, that this would be consistent with those other measures in that it would have no impact on anyone's tax rates. Thank you to any other members of council have comments. Madam Secretary, roll call. Nevitt Hi. Ortega Rob Shepherd. Susman Brooks Brown. I thought I. Can eat Lemon Lopez. All right. Madam President, I. Madam Secretary, please close the voting and announce the results. 12 Eyes. 12 Eyes Council Bill 402 has been amended. Councilman Lopez, we need a motion to order. Published as amended. Council Bill 4020. Madam President, a point of clarification or publish or or on final consideration is it adopted. Or published. As amended? No, I don't think that's right. I think it should be placed upon final consideration and do pass. Unless there's clarification from council. I'm ah council. City Attorney David Barr. Madam President. David Broadwell, Assistant City Attorney. Because his amendments change neither the title nor does the description of the bill. It can be adopted on final consideration tonight if you choose to do so. Thank you. State here. Thank you, Madam President. I order. I order the order. I move that council bill for all to be placed upon final consideration and do pass as amended. Thank you. It's been moved and seconded comments by members of council. So. Yeah. Councilwoman Shepherd. Thank you. So I had asked for this to be pulled out for a vote because I talked about this at great length last week, but I asked a lot of questions of of staff regarding this. And for me, this issue is not just a business deal. It's not just a business agreement between the two counties. What we're talking about here is development of 1500 acres at Dig, yet there is no land use or transportation planning moving forward. At the same time as this ordinance and from what I understood last week, there would not be one before the November vote. I realize that there are those who will say that this is just an opportunity for this conversation to begin, and I appreciate that sentiment. But land use and transportation is very much in the purview of what the city council does. And I cannot feel good about asking voters to vote on something that we don't understand what it is outside of the agreement. The last time I saw some conceptual planning around this issue was in January, which, as we all know, was several months ago. So although I certainly think the fact that Adams and Denver will be sharing tax revenue is historic and, you know, very much something, you know, to be proud of. And that's that level of coordination. And I certainly appreciate all of the work that has gone on behind the scenes between the two counties, and everyone has been involved in this project. And my vote is in no way intended to disparage that. But I just have to say that I'm not comfortable asking the voters to vote on something when I don't even understand what it is. So I will be voting no tonight. Thank you. Thank you. Councilman, never. Did you have another comment? Yes, ma'am. Thank you, Madam President. And before I go to my comment or really ask a question of the folks at DIA, I just want to point out last week we were graced with the presence of two county commissioners from Adams County here for this historic move forward together. And today we have again county commissioners Steve OTU Recio. Steve, raise your hands so the Denver voters can understand who their partner is. Thank you so much for being here. This is an amazing thing we're doing together. And I really appreciate you being in the chambers with us. So just to I don't know if it would change Councilwoman Sheppard's mind, but to get a little bit more clarity from DIA, I don't know who wants to sort of answer the question. So what is the why is this the proper sequence of moving forward, getting to this historic idea with Adams County? Before we do a detailed land use plan. Hi. I'm Kim Dan, the CEO of. Denver International Airport. We have been working on some planning, as you as you've mentioned, that you have been briefed on. And that work continues that work actually changes with this agreement because it as additional land and it further clarifies what we can and can not do on airport. What I would like to say is we are not going to leave the voters without any. Idea of what we're going to. Do. We have some conceptual decisions that have been made, and we are going to put together a package that will explain to the best of our ability to our citizens what it is we think we could do on airport. But in terms of having a really detailed land plan, that that still needs some work. Okay. Thank you. Thank you. Councilman Lopez, followed by Councilman Ortega, followed by Councilwoman Kennish. Thank you, Madam President. I just wanted to also say that this is something I'm glad I'm glad to see somebody from Adams County. I know this has been a lot of work. It's a it was a lot of work to get to this actual point where where we're voting on it. You know, it's hard not to see it sometimes if you're really don't if you're not in the mix of things. But when you are, you know. Exactly for some reason or the other, I think a lot of it happened, I think, before even I was conceptualized was there literally there's been a lot of this. You know, we haven't had very good relationships with our neighboring counties. There's a lot of things that folks are still bitter over and sour over. And, you know, ask anybody in the legislature and they'll fill you in on it. You see it on a daily basis out there. The fact that we have this agreement, this inter, this IG is a very good thing and it's a very good thing with an important neighbor because that neighbor is growing as a city. We're growing. You know, there's a lot of folks that, hey, we don't like to see anybody building up this density. Well, we have this area that we believe we're able to develop to help offset offset that, offset that. And also because we have so many people calling Denver home, it's a good thing. The other thing, why I feel comfortable voting for this right now, and this is in no way any any fight that I'm trying to pick up. My colleague, Councilman Shepard, my neighbor, Councilman Shepard, I as a as a US as commissioners as well, and Denver County, I don't feel comfortable planning for property. We don't know. We can't we don't necessarily have the right to not develop. We own it, but we can develop it. And I think it's an act of it's not an act in good faith. If we're already taking that step ahead before the contracts being signed. Right. I would think something was fishy if I was on the Adams County side. And then there goes another two decades of distrust with the two counties. I think this is a good opportunity to do it. If there is any kind of zoning change or land use implementation, I would believe it would come to this body individually to vote on right as a separate as a separate entity in and of itself and as a separate issue. So I think it's going to be a good thing. You know, at the end of the day, this language going to be on the ballot. So. With that. You know, I'm fully supportive. Thank you, Councilman. Councilwoman Ortega. Thank you, Mr. President. I have a couple of questions. My first one is for David Broadwell. Since you've been here longer than most. When was the last time we actually either updated or adopted a comprehensive plan for the city of Denver? For a strategic plan, whatever you want to call it it. You mean a comprehensive plan for the entire city that goes back to the early 2000? I think Councilman Rob might actually have the date more readily at our fingertips than I do, but. I think it was before this council came on. It was an it was in the year 2000. I knew it was a century. Yeah. All right. Was it? So I think that's part of what I'm hearing Councilwoman Shepherd raise. And interestingly, today, I met with one of the new incoming council members who is talking about a strategic plan for the city. Because we do have so many big projects coming forward and looking at how all of that plays into use of water, making sure that we work towards having a sustainable food source because we know not all of our food will continue coming from California because we can't get all of our Colorado water, the Colorado River water down to there before it all dissipates. So I think at some point, this is something that this body needs to begin to talk about. Obviously, we're not going to hold up this bill tonight to do that. But I think it's an important conversation that we need to have, given that as a metropolitan area, we continue to grow. And so I appreciate you raising that point. Councilwoman Shepherd, the other question that I wanted to ask was related to the master plan. Kim, if you wouldn't mind coming up to the microphone, please. You. You made mention of some decisions that have been made with regard to conceptual plans, if you will. I the word you used was conceptual decisions. But I'm just trying to figure out, is there. An updated DIA masterplan that looks at all of this other than what we've seen in some of the Aerotropolis documents, or is this part of what's been negotiated with Adams County during this last year and a half, almost two year negotiation process? Councilor one If I could clarify. So when I say we've made some decisions, an example of that would be I think you all have heard us talk in the last couple of years about using the. Term Airport City. But we don't use that term anymore because we have determined that what we are what we want to do on airport is not build some consolidated development at one point on the airport, but instead we want. To develop areas that are contiguous. With our neighbors and help to activate off airport development while it activates on airport. So it's decisions like that we have made the actual land use has a lot of work that does have to do with things like utilities, you mentioned and resources then and certainly now that we have the IGA in place and we know the area that we can develop, we will be developing a true land use but we do not have an up to date masterplan. Or land use plan that reflects this idea. Today. And Kim, will you just help clarify that when we talk about the clear zones, that's part of this agreement that is land that we own, that's off airport property, that's in Adams County. And so if I could. Clarify, I know it is it is on airport, but it is in Adams County. Sorry to say that. I turn that around. So when we talk about doing land use planning, it's conceptually what we want to do. But we have to go through Adams County zoning process, if you will, if we don't have the appropriate zoning to do what we might want to do within Adams County boundaries. And I think even more importantly, we would want to do that planning with Adams County. That makes sense. Okay. So I was just trying to figure out if there was anything more that is being discussed that might come forward as additional amendments? Or do we think this is it? Because as of last or Thursday before last one bill was actually filed, we thought that was that was it with the negotiations and the decision making, that's actually a David Broadwater question. I believe, Councilwoman, I am hopeful that this is the final document. There won't be any more tweaks, even clarifications. But I have to say it with this caution. This is has to be approved by six other jurisdictions right on its way to the ballot. And they'll be sitting in their city councils and all of those all five of those municipalities. And the Adams County commissioners, the commissioners in particular, have been very hands on in the negotiation. But there is this third party beneficiary status and the municipalities to one degree or another. And over the next couple of weeks, they'll be going to each of their governing bodies. And so, you know, unknown whether there's going to be any last minute things that will come up as a part of that approval process, as part of the key complexity of the whole deal is there are lots of parties involved, but we've been working diligently and long and hard to reach what we believe is the point of finality here tonight. And that's why confidently I felt like we could bring it forward to you and have you vote on it with a very high degree of confidence that this is it. But as you all know, there's a period of time now between now and the statutory deadline when it will actually go to the polls in both counties. And you can never say never, there's a possibility that something might have to be tweaked or changed. Non substantive, I'm sure, because as Councilman Levitt indicated, we've got a very firm commitment on all sides to the basic deal point, the term sheet that was given to you several weeks ago, the deal will not change if there's going to be any additional tweaks or amendments is going to be absolutely around the periphery. But as we sit here tonight, I don't expect that to occur. Thank you. That answers all of my questions, I think. Clearly when my colleagues worked with them, their partner and Mayor Webb subsequently, who work to build out the airport. But Mayor Pena, who worked to put this issue before Denver voters and many of us were out knocking on doors and trying to convince voters both in Denver and Adams County to place this on the ballot, that this was, in fact, going to be the economic engine for this region. And it has, in fact, been. I've seen communities both in Commerce City and Aurora grow tremendously, both commercial and residential. So there have been some benefit to our neighboring communities. We know that many of the people who work at DIA actually live outside of Denver in in many of those neighborhoods. Those communities. And I think this will continue to be an economic engine for Denver and for neighboring jurisdictions. And I am pleased that this, at least for now, limits the development to the 1500 acres. We have restrictions under FAA by which we cannot build within close proximity to the airfield. Those have already been defined in terms of where they're going to be placed. And so I think those assurances to the public are already intact. And so I think moving this forward makes great sense. And I am hopeful that we don't have to continue to see tweaks to this, that the work that's been done and the many things that have been part of the give and take on both sides works out on behalf of all of the parties that have been involved in this process. So I will be supporting this tonight. Thank you, Madam President. Thank you. Councilwoman Kennish, did you have a comment? Thank you, Madam President. I withdraw my name. I'll pass. Thank you. Councilman Farr to have a comment on Council Bill 402. Yes, ma'am. I think the issue before us is, should there have been more definitive planning to vote on this tonight? And it is my feeling that that we should not have done more definitive planning. Let me explain a different perspective. I recall when I served in the legislature, this issue was being embraced by Adams County. I mean, as I mentioned before, it was tough swallow for them. And they were giving permission for the airport to take over their land and they wanted it for an airport. The discussion wasn't about economic development on the airport land and having Denver do planning for the airport land. It was about building an airport that in surrounding communities could benefit, but not necessarily right on that airport. That was not to be economic development on the airport land. I would feel it's very disrespectful to our adjacent county to go ahead and say, gee, we've already worked all this out. Now we want your permission. We are going to them saying we want to go forth working with you. And not only is it legally a good idea, because some people, I believe, up in Adams County were feeling we were getting a little bit ahead of ourselves there and that we just better slow down a bit and start involving them so that as we go forth, everybody is in agreement. And I feel very comfortable about this stage of the agreement. I'm supportive of it tonight. And I it is just fine. I would be very uncomfortable if we said this is the deal and here we want you to take it and go sell it to your people. That would be arrogant on our part. This is doing it the right way. Thank you, Councilman. Okay. Counsel McInnis, your name appeared on the screen again. It did. And it was only because I could not resist the opportunity before she leaves office to say. I agree with every word that Councilwoman Fox. Oh, okay. Thank you. All right. Councilwoman Sheppard. Yeah. Just quickly, so, you know, I understand what all of my colleagues are saying, but I think it's respectful for the voters to get to know what what they're voting on. And it's not just an agreement. It will involve a huge land use and transportation plan. And how is it going to be paid for? There's a huge question I have. I appreciate Councilman Leavitt's clarification that there won't be any new tax or tax rate, but that still leaves a lot of other fiscal opportunities open and we don't have any of that information. So I just don't feel comfortable. Thank you. Okay. Thank you, Councilman Brown. Briefly, Madam President. Thank you. This is really a first step. Ordinance. This simply puts it on the ballot in Denver. It will be put on the ballot in Adams County. And again, welcome councilor from Adams County. Good to see you here tonight. There will be a four. Month campaign in Adams County as well as. Denver County to sell this to the voters. And if the questions that people will come up with are not answered. Then perhaps it won't pass. That's why we have campaigns, and this is what this is all about. Thank you, Madam President. Thank you, Councilman Brown. Any other comments from members of Council see? None. Madam Secretary, roll call. Nevett I. Ortega Rob Shepherd. No. Sussman Brooks, i. Brown, I. But I can eat lemon. Lopez All right. Madam President, I. Madam Secretary, please close the voting and announce the results. 11 eyes one ni. 11 Eyes, one ni. Council Bill 402 has been ordered. Published as amended. Final, final consideration. Passed the. Test as amended. October 11, ays one nay council bill 402 has passed. Correct. As amended. As amended. Thank you. Okay, let's move on. Councilman Fox, you have called out under bills for final consideration council bill 376. What would you like to do with this? Please place it on the floor for a vote. Thank you, gentlemen. Lopez, can you please place Council Bill 376 on the floor for a vote?