City Council

City Council Minutes Meeting Date: Monday, December 23, 2019 5:30 PM PLEDGE OF ALLEGIANCE Council member CdeBaca 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 19-1395 Minutes of Monday, December 16, 2019 The minutes of Monday, December 16, 2019 were distributed to members of Council. Council President Clark ordered the minutes approved. Approved COUNCIL ANNOUNCEMENTS Councilwoman Sandoval offered announcements. PRESENTATIONS COMMUNICATIONS PROCLAMATIONS 19-1387 A proclamation urging Alden Global Capital to either invest in local journalism or divest its interests. A motion offered by Councilman Flynn, duly seconded by Councilman Hinds, that Council Proclamation 19-1387 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) LATE FILINGS - RESOLUTIONS City Council - Direct Files 20-016 A resolution appointing Linda Jamison as Legislative Services Director of City Council. Appoints Linda Jamison as the Legislative Services Director of City Council with a start date effective January 6, 2020. Council member Clark approved direct filing this item on 12-23-19. A motion offered by Councilman Clark, duly seconded by Councilwoman Gilmore, that the rules of procedure suspended to allow Council Resolution 20-016 as a late filing, carried by the following vote: Rules of procedure suspended to allow late filing Aye: Black, CdeBaca, Clark, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (12) Nay: (None) (0) Absent: Flynn (1) Page 1 RECAP OF BILLS TO BE CALLED OUT Items pulled from consent for a separate vote: RESOLUTIONS Finance & Governance Committee 19-1340 A resolution approving a proposed Purchase And Sale Agreement between the City and County of Denver and Community Education Centers, Inc. for the purchase of real property located at 4280 Kearney Street. Approves a purchase and sale agreement with Community Education Centers, Inc. for $1,300,000 to purchase property located at 4280 Kearney Street, known as Tooley Hall Residential Reentry Center, a community corrections facility, in Council District 8 (FINAN-201952877). The last regularly scheduled Council meeting within the 30-day review period is on 1-13-20. The Committee approved filing this item at its meeting on 12-10-19. A motion offered by Councilwoman CdeBaca, duly seconded by Councilwoman Sawyer, that Council Resolution 19-1340 be adopted. The motion carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Sandoval, Sawyer, Torres (12) Nay: Ortega (1) BILLS FOR FINAL CONSIDERATION Land Use, Transportation & Infrastructure Committee 19-1330 A bill for an ordinance amending the Building and Fire Code of the City and County of Denver. Amends Article II, Chapter 10 of the Denver Revised Municipal Code to adopt the 2018 International Code Council (ICC) construction codes and Denver amendments to those codes as the 2019 Denver Building and Fire Code and adds an optional Denver Green Code. The last regularly scheduled Council meeting within the 30-day review period is on 1-6-20. The Committee approved filing this item at its meeting on 12-3-19. A motion offered by Councilwoman CdeBaca, duly seconded by Councilman Herndon, that Council Bill 19-1330 be placed upon final consideration and do pass, was followed by a motion offered by Councilman Hinds, duly seconded by Councilman Herndon, that Council Bill 19-1330 be amended in the following particulars: "1) On page 1, line 21, strike “20190104” and replace with “December 20, 2019”; 2) On line 22, strike “20190104” and replace with “20190108”. to file a new copy of the Amendments to the Building and Fire Code for the City and County of Denver with the City Clerk in order to amend Section 921.22 of the 2019 Denver Amendments to the 2018 International Fire Code. The second sentence of Section 921.22 shall read as follows: “In response, elevator contractor of record shall: 1. Dispatch a licensed conveyance mechanic to the site; and 2. The elevator mechanic shall be onsite within one hour.” This amendment removes language that allowed an elevator mechanic to be onsite at a time longer than one hour in cases where fire crews have responded to an elevator entrapment. Which motion to amend carried by the following vote: Amended Page 2 Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13) Nay: (None) (0) A motion offered by Councilwoman CdeBaca, duly seconded by Councilman Herndon, that Council Bill 19-1330 be placed upon final consideration and do pass as amended. 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 19-1341 A bill for an ordinance making a rescission from General Fund Contingency, and making a cash transfer to and an appropriation in the Capital Improvements and Capital Maintenance Fund. Approves a supplemental appropriation of $1,300,000 from 2019 General Fund Contingency to transfer cash to the Capital Improvements and Capital Maintenance Project Fund to purchase property located at 4280 Kearney Street, known as Tooley Hall Residential Reentry Center, a community corrections facility. The Committee approved filing this item at its meeting on 12-10-19. A motion offered by Councilwoman CdeBaca, duly seconded by Councilman Herndon, that Council Bill 19-1341 be placed upon final consideration and do pass. The motion carried by the following vote: Placed upon final consideration and do pass Councilwoman Ortega Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Sandoval, Sawyer, Torres (12) Nay: Ortega (1) BLOCK VOTE A motion offered by Councilwoman CdeBaca, duly seconded by Councilman Flynn, 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 3 RESOLUTIONS Finance & Governance Committee 19-1303 A resolution approving a proposed Amendatory Agreement between the City and County of Denver and Workday, Inc. to extend the term, and increase the maximum contract amount. Amends a contract with Workday, Inc. by adding $13,333,592.80 for a new total of $23,333,592.80, five years for a new end date of 12-31-24 and amending certain legal terms for an Enterprise Resource Planning software application to support the City’s Human Resource and Financial Services operations (TECHS-201523140). The last regularly scheduled Council meeting within the 30-day review period is on 1-13-20. The Committee approved filing this item at its meeting on 12-3-19. A motion offered by Councilwoman CdeBaca, duly seconded by Councilman Flynn, that Council Resolution 19-1303 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) 19-1310 A resolution approving a proposed Agreement between the City and County of Denver and Denver Health Medical Plan, Inc. to provide voluntary medical benefit plans to eligible City employees and classified Denver Police employees. Approves a contract with Denver Health Medical Plan, Inc. for $9,800,000 and for one year to offer voluntary medical benefit plans to eligible City employees and classified Denver Police employees (201952649). The last regularly scheduled Council meeting within the 30-day review period is on 1-13-20. The Committee approved filing this item at its meeting on 11-26-19. A motion offered by Councilwoman CdeBaca, duly seconded by Councilman Flynn, that Council Resolution 19-1310 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 Safety, Housing, Education & Homelessness Committee 19-1302 A resolution approving a proposed First Amendment and Modification Agreement between the City and County of Denver and Denver Leased Housing Associates VI, LLLP to support the development of East Range Crossing an affordable housing community located at 5810 North Argonne Street in the Green Valley Ranch neighborhood. Amends a loan agreement with Denver Leased Housing Associates VI, 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 East Range Crossing, a 10-building affordable housing community providing 252 units for households at or below 60% of the Area Median Income located at 5810 North Argonne Street in Council District 11. No change to agreement amount or duration (OEDEV-201735583-01). The last regularly scheduled Council meeting within the 30-day review period is on 1-13-20. The Committee approved filing this item at its meeting on 11-27-19. A motion offered by Councilwoman CdeBaca, duly seconded by Councilman Flynn, that Council Resolution 19-1302 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) 19-1342 A resolution approving a proposed Agreement between the City and County of Denver and Volunteers of America Colorado Branch to provide essential and support services. Approves a contract with Volunteers of America Colorado Branch (VOA) for $528,405 and through 10-31-20 to provide 24-hour emergency shelter and supportive services at the Senior Women’s Emergency Shelter (SWES) to woman who are experiencing unsheltered homelessness, located at 1247 Santa Fe Drive in Council District 3 (2019-52521-00). The last regularly scheduled Council meeting within the 30-day review period is on 1-13-20. The Committee approved filing this item at its meeting on 12-11-19. A motion offered by Councilwoman CdeBaca, duly seconded by Councilman Flynn, that Council Resolution 19-1342 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 19-1344 A resolution approving a proposed Agreement between the City and County of Denver and Urban Peak Denver to provide essential and supportive services. Approves a contract with Urban Peak for $840,682 and through 12-31-20 to provide essential and supportive services to youth ages 15-24 who are experiencing unsheltered homelessness or are at high risk of experiencing homelessness and are not currently accessing daytime shelter services, located at 2100 Stout Street in Council District 9 (2019-52416-00). The last regularly scheduled Council meeting within the 30-day review period is on 1-13-20. The Committee approved filing this item at its meeting on 12-11-19. A motion offered by Councilwoman CdeBaca, duly seconded by Councilman Flynn, that Council Resolution 19-1344 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) 19-1345 A resolution approving a proposed Agreement between the City and County of Denver and The Denver Rescue Mission to provide Day Shelter, outreach, essential services and on-site medical and behavioral health services. Approves a contract with the Denver Rescue Mission for $733,596 and through 12-31-20, to provide day shelter, outreach, essential services and on-site medical and behavioral health services to adult individuals who are experiencing unsheltered homelessness, located at 1130 Park Avenue West in Council District 9 (2019-52486-00). The last regularly scheduled Council meeting within the 30-day review period is on 1-13-20. The Committee approved filing this item at its meeting on 12-11-19. A motion offered by Councilwoman CdeBaca, duly seconded by Councilman Flynn, that Council Resolution 19-1345 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) 19-1346 A resolution approving a proposed Agreement between the City and County of Denver and The Denver Rescue Mission to provide capital improvements/renovations to the building to make it ADA compliant. Approves a contract with the Denver Rescue Mission for $1,574,135 and through 12-31-20 for capital improvements needed to become ADA compliant and fully operational in the provision of new and/or expanded daytime shelter services, including doorways, restrooms/showers, installation of an elevator, and locker storage, located at 1130 Park Avenue West in Council District 9 (2019-52437-00). The last regularly scheduled Council meeting within the 30-day review period is on 1-13-20. The Committee approved filing this item at its meeting on 12-11-19. A motion offered by Councilwoman CdeBaca, duly seconded by Councilman Flynn, that Council Resolution 19-1346 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) Page 6 Nay: (None) (0) 19-1350 A resolution approving a proposed First Amendatory Agreement between the City and County of Denver and The Colorado Coalition for the Homeless to amend the scope of services and budget, extend the term and increase compensation to provide bridge housing and supportive services for homeless individuals. Amends a contract with the Colorado Coalition for the Homeless by adding $1.5 million for a new total of $1,985,000 and adding one year for a new end date of 12-31-20 for bridge housing and supportive services for households experiencing homelessness (OEDEV-201952655). The last regularly scheduled Council meeting within the 30-day review period is on 1-13-20. The Committee approved filing this item at its meeting on 12-11-19. A motion offered by Councilwoman CdeBaca, duly seconded by Councilman Flynn, that Council Resolution 19-1350 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) 19-1351 A resolution approving a proposed Second Amendment to Master Credit Agreement between the City and County of Denver, Enterprise Community Loan Fund, Inc., and multiple lending partners, to continue the City’s participation in a loan fund providing funding to acquire properties in close proximity to public transit, for affordable housing and other uses. Amends a master credit agreement with Enterprise Community Loan Fund, Inc. to extend the term through 12-31-29, increase the allowable loan amount to acquire properties for housing preservation, and provide changes to the other investment partners that do not affect the City’s investment, to continue the City’s participation in a fund that provides loans to acquire properties in close proximity to public transit for affordable housing. No change to agreement amount (OEDEV-CE96019-02). The last regularly scheduled Council meeting within the 30-day review period is on 1-13-20. The Committee approved filing this item at its meeting on 12-11-19. A motion offered by Councilwoman CdeBaca, duly seconded by Councilman Flynn, that Council Resolution 19-1351 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) City Council - Direct Files 20-016 A resolution appointing Linda Jamison as Legislative Services Director of City Council. Appoints Linda Jamison as the Legislative Services Director of City Council with a start date effective January 6, 2020. Council member Clark approved direct filing this item on 12-23-19. A motion offered by Councilwoman CdeBaca, duly seconded by Councilman Flynn, that Council Resolution 20-016 be adopted en bloc, carried by the following vote: Adopted Page 7 Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13) Nay: (None) (0) BILLS FOR INTRODUCTION Finance & Governance Committee 19-1337 A bill for an ordinance approving a proposed Purchase and Sale Agreement between the City and County of Denver and Brothers Redevelopment, Inc. for the city to convey the property located at 7900 East Colfax Avenue. Approves a purchase and sale agreement with Brothers Redevelopment, Inc. for $10 with a 99-year affordable housing deed restriction to sell city-owned vacant land located at 7900 East Colfax in Council District 5 (FINAN-201952186). The last regularly scheduled Council meeting within the 30-day review period is on 1-13-20. The Committee approved filing this item at its meeting on 12-10-19. Council Bill 19-1337 was ordered published on first reading Ordered published on first reading Land Use, Transportation & Infrastructure Committee 19-1313 A bill for an ordinance amending Sections 39-121 of the Revised Municipal Code of the City and County of Denver regarding the Schedule for Use of Facilities, specifically for the Denver Botanic Gardens. Amends Section 39-121 of the Denver Revised Municipal Code regarding Denver Botanic Garden fees. The Committee approved filing this item at its meeting on 12-10-19. Council Bill 19-1313 was ordered published with a future courtesy public hearing on 1-6-20. Ordered published with a future courtesy public hearing BILLS FOR FINAL CONSIDERATION Business, Arts, Workforce, & Aviation Services Committee 19-1289 A bill for an ordinance amending portions of Chapter 28, Article III, Article V and Article VII to extend sunset dates. Amends Chapter 28 Articles III, V, VII of the Denver Revised Municipal Code relating to nondiscrimination in city contracts for construction, professional design services and covered goods and services, to extend the sunset date of this ordinance from December 31, 2019 to May 1, 2020. The Committee approved filing this item at its meeting on 12-4-19. A motion offered by Councilwoman CdeBaca, duly seconded by Councilman Flynn, that Council Bill 19-1289 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 19-1321 A bill for an ordinance approving a proposed Fourth Amendatory Agreement between the City and County of Denver and Town of Morrison, by adding one year for a new end date for the implementation of wastewater system improvements between Red Rocks and the Town of Morrison. Amends an intergovernmental agreement with the Town of Morrison by adding one year for a new end date of 12-31-20 for the implementation of wastewater system improvements between Red Rocks and the Town of Morrison. No change to agreement amount (THTRS-201628380-04). The last regularly scheduled Council meeting within the 30-day review period is on 1-6-20. The last regularly scheduled Council meeting within the 30-day review period is on 12-4-19. A motion offered by Councilwoman CdeBaca, duly seconded by Councilman Flynn, that Council Bill 19-1321 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) Finance & Governance Committee 19-1176 A bill for an ordinance amending Chapter 48 of the Denver Revised Municipal Code by adding Article IX entitled Fee on Disposable Bags. A bill for an ordinance amending Chapter 48 of the Denver Revised Municipal Code by adding Article IX entitled Fee on Disposable Plastic or Paper Bags and amending Chapter 24 by adding conforming amendments. The last regularly scheduled Council meeting within the 30-day review period is on 1-6-20. The Committee approved filing this item at its meeting on 12-3-19. A motion offered by Councilwoman CdeBaca, duly seconded by Councilman Flynn, that Council Bill 19-1176 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) 19-1315 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 abolishing certain classifications that are vacant, have been replaced or are no longer needed by the department or agency. The Committee approved filing this bill by consent on 12-3-19. A motion offered by Councilwoman CdeBaca, duly seconded by Councilman Flynn, that Council Bill 19-1315 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 19-1328 A bill for an ordinance authorizing a cash transfer from the 911 Emergency Communications Trust Fund to the General Fund. Transfers $900,000 from the 911 Emergency Communications Trust Fund to the General Fund as part of a multi-year repayment to the General Fund for a transfer the Trust Fund received in 2018. The Committee approved filing this item at its meeting on 12-3-19. A motion offered by Councilwoman CdeBaca, duly seconded by Councilman Flynn, that Council Bill 19-1328 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) Land Use, Transportation & Infrastructure Committee 19-1329 A bill for an ordinance relinquishing all easements reserved in Ordinance No. 60, Series of 1979, recorded with Denver Clerk & Recorder at Book 1854 and Page 590; and, portions of easements reserved in Ordinance No. 618, Series of 2006 recorded with the Denver Clerk & Recorder at Reception No. 2006155051, located near the intersection of West 19th Avenue and Clay Street. Relinquishes all easements as described in Vacating Ordinance No. 60, Series of 1979, in their entirety, and a portion of the easements reserved as Parcel 19 and Parcel 20 established in Vacating Ordinance No. 618, Series of 2006, located adjacent to West 19th Avenue and Clay Street in Council District 1. The last regularly scheduled Council meeting within the 30-day review period is on 1-6-20. The Committee approved filing this item at its meeting on 12-3-19. A motion offered by Councilwoman CdeBaca, duly seconded by Councilman Flynn, that Council Bill 19-1329 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 RECESS Council did not take a recess. COUNCIL RECONVENES AND RESUMES ITS REGULAR SESSION PUBLIC HEARINGS - BILLS FOR FINAL CONSIDERATION PRE-ADJOURNMENT ANNOUNCEMENT Council President Clark announced that the next meeting of Council will be held on Monday, January 6, 2020. We wish everyone safe and happy holidays. ADJOURN There being no further business before the City Council, Council President Clark adjourned the meeting at 6:05 p.m. Page 10  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 11