[00:00:09] >> THE TIME IS NOW 2:03 P.M. ON NURSE, JANUARY 16TH, AND THE CITY [ Roll Call  ] COUNCIL ZONING SESSION IS CALLED TO ORDER. WILL YOU CALL THE ROLL? [Public Hearing and Consideration of the following Adoption and Amendments of the Neighborhood, Community and Perimeter Plans as Components of the Master Plan and Zoning Cases. Plan amendments and Zoning cases presented by John Peterek, Interim Assistant City Manager; Amin Tohmaz, Interim Director, Development Services unless otherwise noted.  ] SO WE DON'T HAVE ANY ITEMS WITHDRAWN TODAY. WE DOUGH HAVE SEVERAL BEING CONTINUED. ITEMS 34 AND 35 AND 36 ARE GOING TO BE CONTINUED TO DAY FEBRUARY 6TH. SO CAN I GET A MOTION AND SECOND FOR CONTINUANCE. >> MOTION TO CONTINUE ITEMS 34, 35, AND 36. >> SECOND. >> WE HAVE A MOTION AND A SECOND. PLEASE VOTE. OH, ANY DISCUSSION? NO? OKAY. SORRY. I'M GOING TOO FAST. NINE MINUTES IS WHAT I HEARD. CHALLENGE ACCEPTED. IT WAS ACTUALLY MOVED BY -- >> -- ALL RIGHT. THE NEXT ITEM THAT WE HAVE IS ITEM NUMBER 1, WHICH WILL BE CONTINUED TO FEBRUARY 20TH. CAN I HAVE A MOTION AND SECOND FOR A CONTINUANCE? >> SO MOVED. >> SECOND. >> WE HAVE A MOTION AND SECOND, AND I DON'T THINK WE HAVE ANYONE SIGNED UP TO SPEAK. OH, WE DO. JACK, WOULD YOU LIKE YOUR TIME TODAY? OKAY. >> MADAM MAYOR PRO TEM, OTHER MEMBERS OF THE COUNCIL. I'M JACK M. FINGER, AND ITEM ONE, WHICH IS IN MS. CASTILLO'S DISTRICT, THIS IS ABOUT AN ALCOHOL VARIANCE. YEAH. IT'S ABOUT ESTABLISHING ALCOHOL SALES WITHIN 300 FEET OF THE JUBILEE LAKEVIEW UNIVERSITY PREPARATORY, PUBLIC CHARTER EDUCATION INSTITUTION. IT PREPARES STUDENTS FOR COLLEGE. THE IDEA IS THAT YOU HAVE AN ALCOHOL SALES WITHIN 300 FEET. CONSEQUENTLY, MADAM, I THINK YOU REALLY WANT TO SAY NO TO THIS ONE. IF HIGH-SCHOOLERS OR YOUNGER ARE GOING TO BE PASSING BY THIS PLACE, WHY DO WE WANT TO -- THE EXTRA TROUBLE THAT WILL -- COULD COME FORTHWITH ALCOHOL BEING DISPLAYED FOR THOSE STUDENTS? YEAH. I WOULD LIKE TO SEE YOU SAY NO TO THAT ONE INSTEAD OF JUST CONTINUING IT. FOR THAT MATTER, MAYBE SOMEONE ELSE WOULD LIKE TO SEE HER SAY NO TO IT AS WELL. THANK YOU. >> ANY COUNCIL DISCUSSION ON THIS CONTINUANCE? OKAY. WITH THAT, PLEASE VOTE. OKAY. MOTION CARRIES. WE'LL NOW MOVE TO CONSENT AGENDA. ON CONSENT ARE ZONING ITEMS 2, 3, 4, 5, 6, 7,, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 ... 39, 32, 37 AND 38. ARE THERE ANY OTHER ITEMS THAT ANYONE WANTS TO PULL TO SPEAK? OKAY. CAN I GET A MOTION AND A SECOND FOR CONSENT AGENDA? >> SECOND. >> THANK YOU. THERE'S A MOTION AND A SECOND. WE DO HAVE A FEW PEOPLE SIGNED UP TO SPEAK ON CONSENT. MR. FINGER, WOULD YOU LIKE YOUR TIME FOR CONSENT? YOU'LL BE SPEAKING ON 2, 3, AND 4. EXCUSE ME. AND 14. THANK YOU. YOU'LL HAVE THREE MINUTES. >> ONCE AGAIN, MADAM MAYOR PRO TEM. I'M JACK M. FINGER. EYE A FEW ITEMS I WISH TO CHECK ON THIS PORTION OF THE AUGEND. ITEM TWO IS ANOTHER ALCOHOL VARIANCE CASE, AND THIS TIME IT [00:05:01] INVOLVES MS. HAVRDA'S DISTRICT. YES, OVER THERE ON -- WHERE IS IT? SOUTHWEST LOOP 410. YEAH. ONCE AGAIN WITHIN 300 FEET OF THE BAYS ELEMENTARY SCHOOL. YOU HAVE SCHOOL KIDS PLAYING IN THE PLAYGROUND NEAR THERE AND I THINK YOU SHOULD SAY NO TO THIS ONE, MADAM. THAT'S WHY WE HAVE RULES, LAWS TRYING TO PROTECT SCHOOL CHILDREN AS THEY WALK PAST THESE ALCOHOL SALES ESTABLISHMENTS. ITEM NUMBER THREE IS IN MS. KAUR, THAT IS IN YOUR DISTRICT. IT'S ABOUT THE IDEA OF FOUR DWELLING UNITS, FOR UNITS INTO ONE LITTLE SPACE OVER THERE ON 838. CAN'T WE GET AWAY FROM THE SARDINE MENTALITY AND GIVE PEOPLE BREATHING SPACE AND NOT HAVE AS MANY AS FOUR UNITS ON ONE PROPERTY? JUST AN IDEA, YOU KNOW, UNLESS WE REALLY WANT TO HAVE THAT KIND OF NEIGHBORHOOD IN THAT AREA. YES. ALSO, IN THE ITEM NUMBER 14, THIS IS IN MR. MCKEE-RODRIGUEZ, THIS IS IN YOUR DISTRICT, SIR. IT'S ABOUT THE IDEA OF ANOTHER TRAILER PARK HOME, MANUFACTURED HOMES OVER THERE ON BEN SINGLE MAN. DO WE NEED -- DO WE REALLY NEED TO HAVE MORE TRAILER PARK HOMES, ONCE AGAIN, IN DISTRICT 2, ESPECIALLY WAY OUT THERE ON BINZENINGLE MAN. I DON'T KNOW HOW MANY ARE CLUSTERED IN THAT AREA, BUT I THINK IT'S TIME TO DISPLAY A CERTAIN KIND OF ETHIC OR MENTALITY SAYING NO, THESE ARE NOT DESIRABLE. QUITE FRANKLY, THAT'S NOT JUST MY WORDS. THOSE ARE THE WORDS OF MANY CITIZENS WHO JUST DON'T WANT IT. I SUGGEST YOU SAY NO TO THAT ONE, SIR. THANK YOU. >> THANK YOU, MR. FINGER. SARAH OLIVAREZ, WOULD YOU LIKE YOUR TIME? YOU'LL BE SPEAKING ON ITEM NUMBER 11. >> HI, COUNCIL. THANK YOU SO MUCH FOR ALLOWING ME TO SPEAK TODAY. I'M SARAH OLIZAREZ. I'M A DISTRICT 2 RESIDENT OF DENVER HEIGHTS FOR FIVE YEARS NOW. I'M SPEAKING ON BEHALF OF MY SMALL BUSINESS, WHICH IS DO NOT'S HARVESTED. I'M THE OWNER AND COFOUNDER , AND I KNOW OUR ITEM IS ON CONSENT. I JUST WANTED TO THANK YOU ALL AS WELL AS THE CITY STAFF FOR THEIR SUPPORT THROUGHOUT THIS PROCESS. IT'S BEEN REALLY EXCITING. WE ARE BUILDING AN URBAN FARM AND FARM STAND IN THE DENVER HEIGHTS NEIGHBORHOOD, AND WE'VE JUST BEEN REALLY EXCITED TO RECEIVE THE ANONYMOUS SUPPORT WE'VE HAD FROM THE NEIGHBORHOOD, FROM OUR NEIGHBORS, AND FRIENDS AND FAMILY AS WELL, TOO. SO JUST WANTED TO THANK YOU ALL FOR YOUR TIME AND CONSIDERATION AND APPRECIATE Y'ALL. THANK YOU. >> THANK YOU, MS. O LIVEREZ. ALEX HORNER, ITEM 14. >> I'M ALEX HORNER. JUST WANTED TO SPEAK IN SUPPORT OF THIS ITEM AND OFFER MYSELF FOR ANY QUESTIONS ANYBODY MAY HAVE. >> THANK YOU, MR. HORNER. OKAY. THAT IS ALL PUBLIC COMMENT ON CONSENT. WE HAVE A MOTION AND A SECOND. IS THERE ANY COUNCIL DISCUSSION FOR CONSENT? OKAY. LET'S -- SORRY. GO AHEAD COUNCILMEMBER MCKEE-RODRIGUEZ. >> THANK YOU. I DID WANT TO HIGHLIGHT ITEM 11 WHICH SARAH SPOKE ON. A CONGRATULATIONS TO OUR DISTRICT 2 RESIDENT AND BUSINESS OWNER, DON'S HARVEST. YOU HEARD HER SPEAK. SHE WAS AWARDED $20,000 GRANT FROM THE OFFICE OF SUSTAINABILITY ACTION FUND. THEY WILL BE PROVIDING OUR COMMUNITY ACCESS TO FRESHLY GROWN PRODUCE WITH HOPES OF EXPANDING THROUGHOUT THE GREATER DISTRICT 2 COMMUNITY TO COMBAT FOOD DESERTS. WE'RE SO GRATEFUL FOR YOUR WORK AND LOOK FORWARD TO YOUR GROWTH AND IN BUSINESS. THANK YOU. >> OKAY. LET'S GO AHEAD AND VOTE. GREAT. [00:10:01] MOTION CARRIES. OKAY. LET'S MOVE NOW TO ITEMS TO CONSIDER INDIVIDUALLY. FIRST UP IS ITEM NUMBER 20. AGENDA ITEM 20 IS A REZONING. NOTICES HAVE BEEN MAILED, THREE IN FAVOR AND ONE OPPOSED. THIS ITEM IS IN DISTRICT 3. I'LL PASS IT OVER TO COUNCILMEMBER VIAGRAN. >> THANK YOU, MADAM CHAIR, MADAM MAYOR. I WANT TO THANK THE ZONING COMMISSION AND DISTRICT 3 FOR ADDING THESE CONDITIONS TO THIS ZONING CHANGE REQUEST. I WANT TO THANK THE APPLICANT FOR BEING UNDERSTANDING AND SUPPORTIVE. WITH THOUGHT BE SAID, I'LL MAKE A MOTION TO APPROVE WITH CONDITIONS AS READ. >> SECOND. >> WE HAVE A MOTION AND A SECOND. ANY OTHER COUNCIL DISCUSSION ON THIS? THERE IS -- THERE'S NOBODY SIGNED UP TO SPEAK ON THIS ITEM. SO ANY OTHER COUNCIL DISCUSSION? LET'S GO AHEAD AND VOTE. ALL RIGHT. MOTION CARRIES. NEXT UP IS ITEM NUMBER 28. >> THERE'S BEEN 33 NOTICES FAILED. ZERO IN FAVOR, ZERO OPPOSED. UNIVERSITY PARK NEIGHBORHOOD ASSOCIATION IS IN SUPPORT. >> THANK YOU. COUNCILMEMBER GAVITO. >> THANK YOU , MAYOR PRO TEM. I JUST WANTED TO THANK THE APPLICANT WHO IS ALSO HERE TODAY FOR WORKING WITH THE UNIVERSITY PARK NEIGHBORHOOD ASSOCIATION TO ANSWER THEIR QUESTIONS AND ADDRESS THEIR CONCERNS. WITH THAT, I MOTION FOR APPROVAL. >> SECOND. >> WE HAVE A MOTION AND A SECOND. WE DO HAVE ONE PERSON SIGNED UP TO SPEAK. MR. FINGER, WOULD YOU LIKE TIME? YOU HAVE THREE MINUTES ON ITEM 28. >> MADAM MAYOR PRO TEM, OTHER MEMBERS OF THE COUNCIL. MY NAME IS JACK FINGER. MS. GAVITO, I KNOW YOU MAY THINK THIS IS A NICE IDEA OF PLACING FOUR UNITS INTO THIS LITTLE SPOT, BUT THERE ARE A NUMBER OF RED FLAGS ON THIS ONE. SO ANY STAFF THOUGHT IT WAS A BAD IDEA. THERE WERE, QUOTE, IT'S UNCHARACTERISTIC OF THE SINGLE FAMILY USES IN THE AREA. YEAH. I THINK WHEN WE HIRED THE PROFESSIONALS TO TELL US WHAT'S GOOD AND WHAT'S BAD WITH IT, IT BEHOOVES US TO PAY ATTENTION TO WHAT THEY SAY. IF THIS, AS I HAVE SAID IN THE PAST, SHOEHORNING FOUR UNITS INTO THIS LITTLE SPOT WHERE YOU HAVE OTHER SINGLE FAMILY USES, THAT'S UNCHARACTERISTIC OF IT, WELL, JUST MAYBE WE SHOULD SAY NO TO IT. YOU THINK? YEAH. I THINK THAT'S -- I DON'T LIKE TO SEE AREAS DETERIORATE OVER TIME, AND ONE LITTLE FACTOR AND TWO LITTLE FACTORS OVER TIME, IT ALL STARTS -- MAKES IT GO DOWNHILL. THAT'S WHAT WE'RE TRYING TO FIGHT AGAINST. I SUGGEST REVERSE YOUR DECISION, SAY NO TO IT. THANK YOU. >> OKAY. WE HAVE A MOTION AND A SECOND. IS THERE ANY OTHER COUNCIL DISCUSSION ON THIS ITEM? OKAY. LET'S GO AHEAD AND VOTE. MOTION CARRIES. NEXT UP IS ITEM NUMBER 30. >> THANK YOU, COUNCILMEMBER PELL EYE EASE. >> THANKS. MOVE TO APPROVE. >> WE HAVE -- YES. THIS IS ITEM 30. MR. FINGER, WOULD YOU LIKE TO TAKE YOUR TIME [00:15:03] ON THIS? >> MADAM MAYOR PRO TEM, OTHER MEMBERS OF THE COUNCIL, I'M JACK FINGER AND MR. PELAEZ, THIS IS A PLANNING DECISION. THAT MEANS IT GOES MUCH MORE BASIC THAN A MERE ZONING PROPOSAL. THE IDEA OF, WELL, GOING FROM LOW DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL, QUITE A STEP. IT'S NOT JUST FOR THIS ONE LITTLE SPOT. IT'S FOR A GENERAL AREA THERE. THERE'S A REASON THAT THE PLANNING STAFF SAID NO TO THIS. WHY? WELL, YOU MAY HAVE SEEN THE BACKUP DOCUMENTS YOURSELF, SIR. IT SAYS, QUOTE, TRYING TO INTEGRATE COMMERCIAL USES INTO ESTABLISHED SINGLE FAMILY RESIDENTIAL AREAS IS NOT, I REPEAT, IS NOT APPROPRIATE. NOT PROPER. IN OTHER WORDS, THE PEOPLE WHO HAVE TO LIVE THERE ARE GOING TO HAVE TO LIVE WITH A LOT OF THE COMMERCIAL USES. IT'S WHY WE HAVE ZONING IN THE FIRST PLACE, MR. PELAEZ. PEOPLE DON'T NECESSARILY LIKE LIVING RIGHT NEXT TO BIG COMMERCIAL AREAS. THEY LIKE TO BE LIVING WITH RESIDENTS LIKE THEMSELVES IN THE AREA. THEY WANT THEIR CHILDREN TO GROW UP WITHOUT HAVING TO DEAL WITH THE, WELL, NOISE AND TRAFFIC AND OTHER DETRIMENTS THAT VARIOUS COMMERCIAL ESTABLISHMENTS HAVE. SO YEAH. LIKE I SAY, YOU'RE NOT JUST DOING IT FOR ONE LITTLE SPOT. IT'S FOR A GENERAL AREA THERE, SIR. AND RIGHT ACROSS THE BOUNDARIES THERE. SO I WOULD SAY -- I WOULD ASK YOU, SIR, TO REVERSE YOUR DECISION AND SAY NO TO THIS ONE. THANK YOU. >> MARK ANKE, WOULD YOU LIKE TO -- ALL RIGHT. WE HAVE A MOTION AND A SECOND FOR ITEM NUMBER 30. IS THERE ANY ADDITIONAL COUNCIL DISCUSSION? GO AHEAD, COUNCILMEMBER PELAEZ. >> A WORD OF THANKS TO MR. ANKE. WE WENT OUT AND STARTED LOOKING FOR OPPOSITION. WE ALWAYS DO THAT EVEN THOUGH WE MAY NOT HEAR OPPOSITION AT THE MEETINGS. WE DID FIND ONE OF YOUR NEIGHBORS WHO WAS OPPOSED AND WHO EXPRESSED SOME OF THE SENTIMENTS WE JUST HEARD FROM THE PODIUM. THANK YOU FOR WORKING WITH HIM AND THANK YOU FOR MAKING THE CONCESSIONS THAT YOU DID AND BRINGING HIM TO AGREEMENT. YOU GUYS REALLY WORKED OUT THAT DISPUTE. I REALLY APPRECIATE IT. YOU DIDN'T HAVE TO, BUT YOU DID. SO THANKS TO MY COLLEAGUES FOR SUPPORTING THIS ITEM. >> GREAT. ANY ADDITIONAL DISCUSSION? OKAY. LET'S GO AHEAD AND VOTE. MOTION CARRIES. ITEM NUMBER 31. CONNECT SOMETHING. DAYS ARE MONDAY THROUGH SATURDAY, CLOS CLOSED ON SUNDAY. >> COUNCILMEMBER PELAEZ. >> MOVE TO APPROVE WITH CONDITIONS. >> ONE PERSON SIGNED UP TO SPEAK. MR. FINGER. >> MAYOR PRO TEM, OTHER MEMBERS OF THE COUNCIL. MR. PELAEZ, THIS IS YOUR LUCKY, LUCKY DAY. BY GOLLY, NOT ONCE BUT TWICE YOU GET JACK FINGER ADDRESSING YOUR CASES HERE. YOU'RE PROPOSING ANOTHER TATTOO PARLOR WAY UP THERE ON -- WHERE IS IT? BABCOCK ROAD THERE. 6500 BLOCK OF BABCOCK WAY OUT THERE. LIKE, I MEAN, DON'T WE [00:20:02] HAVE ENOUGH TATTOO PARLORS IN THAT AREA? I MEAN, IT CAN BE ARGUED THAT THEIR REPUTATION HAS IMPROVED OVER THE YEARS, BUT I WOULD VENTURE TO SAY THERE ARE STILL PARENTS WHO DO NOT WANT THEIR CHILDREN GETTING TATTOOS, NOR BEING ATTRACTED TO THE IDEA OF HAVING TATTOOS OR EVEN PASSING BY TATTOO PARLORS IN THEIR VERY OWN NEIGHBORHOOD. I WOULD ASK YOU, SIR, THAT -- TO SAY NO TO THAT IDEA. YEAH. OF COURSE, IT TAKES -- YOU'VE GOT TO HAVE A CERTAIN KIND OF ETHIC. YOU'VE GOT TO HAVE A CERTAIN KIND OF ATTITUDE WHEN IT COMES TO THOSE THINGS. PUT ALL THE CONDITIONS YOU WANT ONTO IT THERE. IT'S STILL A TATTOO PARLOR. I WOULD APPRECIATE, SIR, IF YOU WOULD SAY NO TO ANOTHER TATTOO PARLOR. THANK YOU. >> ALL RIGHT. WE HAVE A MOTION AND A SECOND FOR ITEM NUMBER 31. IS THERE ANY ADDITIONAL COUNCIL DISCUSSION. >> A QUICK THANK YOU TO THE APPLICANT FOR WORKING AND NEGOTIATING WITH THE NEIGHBORHOOD. THE CONCESSIONS YOU ALL MADE WERE IMPORTANT AND APPRECIATED BY THE NEIGHBORHOOD FULL OF PARENTS WHO ARE TRYING TO GUARD THEIR NEIGHBORHOOD FROM THE KIND OF BUSINESSES THEY DON'T WANT. I THINK THAT HAVING MET THE OWNERS AND REALLY UNDERSTOOD THE WORK THEY PLAN ON DOING THERE REALLY WON THE DAY. THANK YOU. AND THANK YOU TO MY COLLEAGUES FOR SUPPORTING THIS. >> GREAT. ANY ADDITIONAL DISCUSSION? OKAY. LET'S GO AHEAD AND VOTE. MOTION CARRIES. OKAY. LAST ITEM ON THE AGENDA IS NUMBER 33. >> THANK YOU , MAYOR PRO TEM. I WOULD LIKE TO MOVE THE APPROVAL OF ITEM NUMBER 33 AS AMENDED TO PROHIBIT ALCOHOL SALES. >> OKAY. WE HAVE A MOTION AND A SECOND. NO ONE SIGNED UP TO SPEAK. IS THERE ANY ADDITIONAL DISCUSSION ON THIS ITEM? OKAY. LET'S GO AHEAD AND VOTE. OKAY. MOTION CARRIES. THAT IS ALL OF OUR ITEMS THAT WE HAVE ON OUR ZONING AGENDA TODAY. THE TIME IS 2:26 P.M., AND THE MEETING IS ADJOURNED. ALSO, I KNOW SHE DOESN'T WANT THIS, BUT I THINK EVERYONE SHOULD GET SUNG TO FOR THEIR BIRTHDAY. IT'S COUNCILMEMBER CASTILLO'S BIRTHDAY A FEW WEEKS AGO. JOINING US IN SINGING HAPPY BIRTHDAY. * This transcript was compiled from uncorrected Closed Captioning.