City Council

City Council Minutes Meeting Date: Monday, April 6, 2020 5:30 PM PLEDGE OF ALLEGIANCE Councilmember Black 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 20-0331 Tuesday, March 31, 2020 The minutes of Tuesday, March 31, 2020 were distributed to members of Council. Council President Clark ordered the minutes approved. Approved COUNCIL ANNOUNCEMENTS Councilmembers Ortega and Hinds offered announcements. PRESENTATIONS COMMUNICATIONS PROCLAMATIONS RECAP OF BILLS TO BE CALLED OUT BILLS FOR FINAL CONSIDERATION Finance & Governance Committee 20-0262 A bill for an ordinance amending the Denver medical marijuana code of the Denver Revised Municipal Code to regulate and implement medical marijuana research and development facilities and to modify provisions to conform with state statute. Amends the Denver Medical Marijuana Code of the Denver Revised Municipal Code to authorize a new local medical marijuana license to regulate and implement medical marijuana research and development facilities and to modify provisions to conform with state statute. The Committee approved filing this item at its meeting on 3-17-20. A motion offered by Councilmember Black, duly seconded by Councilmember Herndon, that Council Bill 20-0262 be placed upon final consideration and do pass, was followed by a motion offered by Councilmember Kniech, duly seconded by Councilmember Herndon, that final consideration of Council Bill 20-0262 be postponed to Monday, Apri 13, 2020. The motion to postpone carried by the following vote: Postponed Aye: Black, Clark, Flynn, Gilmore, Herndon, Kniech, Torres (7) Nay: (None) (0) Absent: CdeBaca, Hinds, Kashmann, Ortega, Sandoval, Sawyer (6) Page 1 BLOCK VOTE A motion offered by Councilmember Black, duly seconded by Councilmember Kniech, to approve the following items en bloc. The motion carried by the following vote: Approved the consent agenda Aye: Black, Clark, Flynn, Gilmore, Herndon, Kniech, Torres (7) Nay: (None) (0) Absent: CdeBaca, Hinds, Kashmann, Ortega, Sandoval, Sawyer (6) RESOLUTIONS Business, Arts, Workforce, & Aviation Services Committee 20-0291 A resolution approving a proposed Agreement between the City and County of Denver and Textron Ground Support Equipment, Inc. concerning a service facility lease to provide ground service equipment support to American Airlines at Denver International Airport. Approves a ground lease agreement with Textron Ground Support Equipment for rates and charges and through 8-31-22 to provide ground support to American Airlines at Denver International Airport (20195115). The last regularly scheduled Council meeting within the 30-day review period is on 4-27-20. The Committee approved filing this item at its meeting on 3-25-20. A motion offered by Councilmember Black, duly seconded by Councilmember Kniech, that Council Resolution 20-0291 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Clark, Flynn, Gilmore, Herndon, Kniech, Torres (7) Nay: (None) (0) Absent: CdeBaca, Hinds, Kashmann, Ortega, Sandoval, Sawyer (6) Finance & Governance Committee 20-0276 A resolution approving the Mayor’s reappointments and appointment to the Denver Urban Renewal Authority Board of Commissioners. Approves the Mayoral reappointments of Phil Caplan and Anthony Albanese and the Mayoral appointment of Teresa Leigh Corral to the Denver Urban Renewal Authority Board of Commissioners for terms effective immediately and expiring 4-3-25, or until successors are duly appointed. The Committee approved filing this resolution by consent on 3-24-20. A motion offered by Councilmember Black, duly seconded by Councilmember Kniech, that Council Resolution 20-0276 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Clark, Flynn, Gilmore, Herndon, Kniech, Torres (7) Nay: (None) (0) Absent: CdeBaca, Hinds, Kashmann, Ortega, Sandoval, Sawyer (6) Page 2 20-0289 A resolution approving a proposed Fifth Amendatory Agreement between the City and County of Denver and Four Winds Interactive, LLC to allow for multi-agency use, revised license terms and new statement of work for various Visual Communication Management products. Amends a contract with Four Winds Interactive, LLC. by adding $799,000 for a new total of $1,211,020.30, adding on-call professional services language and a new statement of work for the continual use and support of visual communications management devices used in City facilities, citywide. No change to contract duration (TECHS-202053426). The last regularly scheduled Council meeting within the 30-day review period is on 4-27-20. The Committee approved filing this item at its meeting on 3-24-20. A motion offered by Councilmember Black, duly seconded by Councilmember Kniech, that Council Resolution 20-0289 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Clark, Flynn, Gilmore, Herndon, Kniech, Torres (7) Nay: (None) (0) Absent: CdeBaca, Hinds, Kashmann, Ortega, Sandoval, Sawyer (6) Land Use, Transportation & Infrastructure Committee 20-0065 A resolution approving a proposed Agreement between the City and County of Denver and Sturgeon Electric Company, Inc. for the installation of a new traffic signal at East Yale Avenue and East Yale Circle. Approves a contract with Sturgeon Electric Company, Inc. for $528,676.50 and for 150 days for the installation of a new traffic signal at East Yale Avenue and East Yale Circle, including an approximately 95' long concrete median, rebuilt curb ramp, and pavement work in Council District 4 (201952606). The last regularly scheduled Council meeting within the 30-day review period is on 4-27-20. The Committee approved filing this item at its meeting on 1-21-20. A motion offered by Councilmember Black, duly seconded by Councilmember Kniech, that Council Resolution 20-0065 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Clark, Flynn, Gilmore, Herndon, Kniech, Torres (7) Nay: (None) (0) Absent: CdeBaca, Hinds, Kashmann, Ortega, Sandoval, Sawyer (6) Page 3 20-0197 A resolution approving a proposed Agreement between the City and County of Denver and Martin Marietta Materials, Inc. for mill and overlay street paving and striping on arterial streets as part of the Elevate Denver Bond Program. Approves a contract with Martin Marietta Materials, Inc. for $4,022,513.65 and for 400 days for mill and overlay street paving and striping on arterial streets as part of the Elevate Denver Bond program, in Council Districts 4, 5, 6, 8 and 11 (201952972). The last regularly scheduled Council meeting within the 30-day review period is on 4-27-20. The Committee approved filing this item at its meeting on 3-3-20. A motion offered by Councilmember Black, duly seconded by Councilmember Kniech, that Council Resolution 20-0197 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Clark, Flynn, Gilmore, Herndon, Kniech, Torres (7) Nay: (None) (0) Absent: CdeBaca, Hinds, Kashmann, Ortega, Sandoval, Sawyer (6) 20-0205 A resolution approving a proposed Agreement between the City and County of Denver and Martin Marietta Materials, Inc. for mill and overlay street paving and striping on arterial streets as part of the Elevate Denver Bond Program. Approves a contract with Martin Marietta Materials, Inc. for $3,904,064.75 and for 400 days for mill and overlay street paving and striping on arterial streets as part of the Elevate Denver Bond program, in Council Districts 1, 2, 3, 7 and 9 (201953008). The last regularly scheduled Council meeting within the 30-day review period is on 4-27-20. The Committee approved filing this item at its meeting on 3-3-20. A motion offered by Councilmember Black, duly seconded by Councilmember Kniech, that Council Resolution 20-0205 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Clark, Flynn, Gilmore, Herndon, Kniech, Torres (7) Nay: (None) (0) Absent: CdeBaca, Hinds, Kashmann, Ortega, Sandoval, Sawyer (6) Page 4 20-0256 A resolution approving a contract and agreement between the City and County of Denver and Interlock Construction Corp. to provide construction management/general contractor services to renovate the Smiley Branch Library. Approves a contract with Interlock Construction Corp. for $1,257,560 and through 3-02-21 to provide construction management/general contractor services to renovate the Smiley Branch Library as part of the Elevate Denver Bond Program, located at 4501 West 46th Avenue in Council District 1 (201953699). The last regularly scheduled Council meeting within the 30-day review period is on 4-27-20. The Committee approved filing this item at its meeting on 3-17-20. A motion offered by Councilmember Black, duly seconded by Councilmember Kniech, that Council Resolution 20-0256 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Clark, Flynn, Gilmore, Herndon, Kniech, Torres (7) Nay: (None) (0) Absent: CdeBaca, Hinds, Kashmann, Ortega, Sandoval, Sawyer (6) 20-0277 A resolution approving and providing for the execution of a proposed Grant Agreement between the City and County of Denver and the Colorado Department of Transportation concerning the “Federal Boulevard Transit Speed and Reliability” program and the funding therefor. Approves a grant agreement with the Colorado Department of Transportation (CDOT) for $3 million of CDOT funds, $423,626 of City funds, and $200,000 of RTD funds and ten years to improve transit speed, reliability, and safety for users along Federal Boulevard from West Floyd Avenue to 54th Avenue in Council Districts 1, 2, 3 and 7 (202053764). The last regularly scheduled Council meeting within the 30-day review period is on 4-27-20. The Committee approved filing this item at its meeting on 3-24-20. A motion offered by Councilmember Black, duly seconded by Councilmember Kniech, that Council Resolution 20-0277 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Clark, Flynn, Gilmore, Herndon, Kniech, Torres (7) Nay: (None) (0) Absent: CdeBaca, Hinds, Kashmann, Ortega, Sandoval, Sawyer (6) Page 5 Safety, Housing, Education & Homelessness Committee 20-0226 A resolution approving a proposed Third Amendatory Agreement between the City and County of Denver and Mpowered for financial counseling and related services in support of the Financial Empowerment Center (FEC). Amends a contract with Mpowered by adding $659,999.84 for a new total of $1,787,027.75 and one year for a new end date of 12-31-20 to provide financial coaching and related services to the operation of the Denver Financial Empowerment Center (FEC), citywide (HRCRS-201738774-03; HRCRS-201953038). The last regularly scheduled Council meeting within the 30-day review period is on 4-27-20. The Committee approved filing this item at its meeting on 3-25-20. A motion offered by Councilmember Black, duly seconded by Councilmember Kniech, that Council Resolution 20-0226 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Clark, Flynn, Gilmore, Herndon, Kniech, Torres (7) Nay: (None) (0) Absent: CdeBaca, Hinds, Kashmann, Ortega, Sandoval, Sawyer (6) 20-0283 A resolution approving and providing for the execution of a proposed Grant Agreement between the City and County of Denver and the Colorado Department of Public Safety concerning the “Crime Victim Compensation” program and the funding therefor. Approves a grant agreement with the Colorado Department of Public Safety - Division of Criminal Justice for $850,000 and through 9-30-20 to accept funding to support the Crime Victim Compensation Program, citywide (DATTY-202054084). A motion offered by Councilmember Black, duly seconded by Councilmember Kniech, that Council Resolution 20-0283 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Clark, Flynn, Gilmore, Herndon, Kniech, Torres (7) Nay: (None) (0) Absent: CdeBaca, Hinds, Kashmann, Ortega, Sandoval, Sawyer (6) Page 6 20-0284 A resolution approving a proposed Revival and Fourth Amendatory Agreement between the City and County of Denver and The Salvation Army for to provide overnight shelter services at the Crossroads Center to men experiencing homelessness, citywide. Amends a contract with The Salvation Army by adding $990,756 for a new total of $3,966,124 and one year for a new end date of 12-31-20 to provide overnight shelter services at the Crossroads Center to men experiencing homelessness, citywide (SOCSV-201631673-04; SOCSV 201952678-04). The last regularly scheduled Council meeting within the 30-day review period is on 4-27-20. The Committee approved filing this item at its meeting on 3-25-20. A motion offered by Councilmember Black, duly seconded by Councilmember Kniech, that Council Resolution 20-0284 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Clark, Flynn, Gilmore, Herndon, Kniech, Torres (7) Nay: (None) (0) Absent: CdeBaca, Hinds, Kashmann, Ortega, Sandoval, Sawyer (6) 20-0287 A resolution approving the City Council reappointments of Kate Stigberg and Gabrielle Rodriguez to the Caring for Denver Foundation Board of Directors. That the City Council reappointments of Kate Stigberg and Gabrielle Rodriguez to the Caring for Denver Foundation Board of Directors for a term effective immediately and expiring on April 12, 2023 be and hereby is approved. The Committee approved filing this item at its meeting on 3-25-20. A motion offered by Councilmember Black, duly seconded by Councilmember Kniech, that Council Resolution 20-0287 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Clark, Flynn, Gilmore, Herndon, Kniech, Torres (7) Nay: (None) (0) Absent: CdeBaca, Hinds, Kashmann, Ortega, Sandoval, Sawyer (6) 20-0294 A resolution approving a proposed Loan Agreement between the City and County of Denver and Kappa Tower II, LLLP to support construction of affordable housing. Approves a loan agreement with Kappa Tower II, LLLP for $700,000 and sixty years to support construction of 70 units of affordable, age-restricted senior housing located at the corner of Central Park Boulevard and Northfield Boulevard in Council District 8 (OEDEV-201952502). The last regularly scheduled Council meeting within the 30-day review period is on 4-27-20. The Committee approved filing this item at its meeting on 3-25-20. A motion offered by Councilmember Black, duly seconded by Councilmember Kniech, that Council Resolution 20-0294 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Clark, Flynn, Gilmore, Herndon, Kniech, Torres (7) Nay: (None) (0) Page 7 Absent: CdeBaca, Hinds, Kashmann, Ortega, Sandoval, Sawyer (6) 20-0295 A resolution approving a proposed Amendatory Agreement between the City and County of Denver and Integral Recoveries, Inc. to extend the term and increase funding for services to assist with the collection of delinquent fines and costs. Amends a contract with Integral Recoveries, Inc. by adding $1,200,000 for a new total of $3,660,000 and two years for a new end date of 2-01-22 for collection of delinquent fines and costs referred by Denver County Court (COURT-201630637; COURT-202053947). The last regularly scheduled Council meeting within the 30-day review period is on 4-27-20. The Committee approved filing this item at its meeting on 3-25-20. A motion offered by Councilmember Black, duly seconded by Councilmember Kniech, that Council Resolution 20-0295 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Clark, Flynn, Gilmore, Herndon, Kniech, Torres (7) Nay: (None) (0) Absent: CdeBaca, Hinds, Kashmann, Ortega, Sandoval, Sawyer (6) 20-0313 A resolution approving a proposed Revival and Third Amendatory Agreement between the City and County of Denver and Busco, Inc. to provide transportation to and from overnight shelter accommodations. Amends a contract with Busco, Inc. by adding $1,550,000 for a new total of $3,465,000 and one year for a new end date of 12-31-20 to provide daily bus transportation to individuals experiencing homelessness for trips originating in central downtown Denver to various designated approved overnight shelter locations (SOCSV-201844792-03; SOCSV 202053717-03). The last regularly scheduled Council meeting within the 30-day review period is on 4-27-20. The Committee approved filing this item at its meeting on 4-1-20. A motion offered by Councilmember Black, duly seconded by Councilmember Kniech, that Council Resolution 20-0313 be adopted en bloc, carried by the following vote: Adopted Aye: Black, Clark, Flynn, Gilmore, Herndon, Kniech, Torres (7) Nay: (None) (0) Absent: CdeBaca, Hinds, Kashmann, Ortega, Sandoval, Sawyer (6) Page 8 BILLS FOR INTRODUCTION Business, Arts, Workforce, & Aviation Services Committee 20-0286 A bill for an ordinance amending Articles III, V and VII of Chapter 28 of the Denver Revised Municipal Code by repealing and reenacting a new Division 3 of Article III establishing a Minority and Women Business Enterprise contracting ordinance in furtherance of nondiscrimination in City Contracts for Construction, Reconstruction, and Remodeling, and Professional Design and Construction Services; repealing and reenacting a new Article V establishing a Minority and Women Business Enterprise contracting ordinance in furtherance of nondiscrimination in City Contracts and Purchase Orders for Goods and Services and Opportunities for Minority and Woman-Owned Businesses and Small Business Enterprises in Procurements for Goods and Services; and repealing and reenacting a new Article VII pertaining to the development and utilization of Small Business Enterprises in City contracting and concessions. Amends Articles III, V and VII of Chapter 28 of the Denver Revised Municipal Code by repealing and reenacting a new Division 3 of Article III establishing a Minority and Women Business Enterprise contracting ordinance in furtherance of nondiscrimination in City Contracts for Construction, Reconstruction, and Remodeling, and Professional Design and Construction Services, repealing and reenacting a new Article V establishing a Minority and Women Business Enterprise contracting ordinance in furtherance of nondiscrimination in City Contracts and Purchase Orders for Goods and Services and Opportunities for Minority and Woman-Owned Businesses and Small Business Enterprises in Procurements for Goods and Services, repealing and reenacting a new Article VII pertaining to the development and utilization of Small Business Enterprises in City contracting and concessions, and establishing a sunset date for this amended ordinance as April 30, 2025. The Committee approved filing this item at its meeting on 3-25-20. Council Bill 20-0286 was ordered published Ordered published Finance & Governance Committee 20-0290 A bill for an ordinance authorizing expenditures in the General Government Special Revenue Fund based on a letter of intent from the United States of America to award funding to the City and County of Denver for the “Denver Great Kids Head Start FY 2020-2021” program. Appropriates $7,731,988 based on a letter of intent provided by the U.S. Department of Health and Human Services for the Denver Great Kids Head Start Program for program year 2020-2021, providing qualified families access to preschool and limited healthcare at no cost. The Committee approved filing this item at its meeting on 3-24-20. Council Bill 20-0290 was ordered published Ordered published Page 9 BILLS FOR FINAL CONSIDERATION Finance & Governance Committee 20-0261 A bill for an ordinance amending the Denver Retail Marijuana Code, Chapter 6, Article V, of the Denver Revised Municipal Code to allow the Denver Department of Excise and Licenses to hold an open application process for new licenses in the year 2021. Amends Chapter 6, Article V, of the Denver Revised Municipal Code to change the date to the year 2021 for the Denver Department of Excise and Licenses to hold an open application process for new licenses. The Committee approved filing this item at its meeting on 3-17-20. A motion offered by Councilmember Black, duly seconded by Councilmember Kniech, that Council Bill 20-0261 be placed upon final consideration and do pass en bloc, carried by the following vote: Placed upon final consideration and do pass Aye: Black, Clark, Flynn, Gilmore, Herndon, Kniech, Torres (7) Nay: (None) (0) Absent: CdeBaca, Hinds, Kashmann, Ortega, Sandoval, Sawyer (6) Land Use, Transportation & Infrastructure Committee 20-0251 A bill for an ordinance relinquishing the easement reserved in Ordinance No. 102, Series of 1941, recorded with Denver Clerk & Recorder at Book A-26, Page 347, located at East Arizona Avenue and East Buchtel Boulevard. Relinquishes the easement, in its entirety, as established in the Vacation Ordinance No. 102, Series of 1941, located at the intersection of Arizona Avenue and East Buchtel Boulevard in Council District 7. The last regularly scheduled Council meeting within the 30-day review period is on 4-20-20. The Committee approved filing this item at its meeting on 3-17-20. A motion offered by Councilmember Black, duly seconded by Councilmember Kniech, that Council Bill 20-0251 be placed upon final consideration and do pass en bloc, carried by the following vote: Placed upon final consideration and do pass Aye: Black, Clark, Flynn, Gilmore, Herndon, Kniech, Torres (7) Nay: (None) (0) Absent: CdeBaca, Hinds, Kashmann, Ortega, Sandoval, Sawyer (6) Page 10 20-0253 A bill for an ordinance approving a proposed Agreement between the City and County of Denver and Metro Wastewater Reclamation District, to address sanitary sewer pipelines within Denver's property. Approves an Access License and Use Permit Agreement with Metro Wastewater Reclamation District to address how the District will continue to access, operate, use, inspect, install, maintain, repair, replace and remove sanitary sewer pipelines within Denver’s property in and along Arkins Court extending from the southwest extent of the River North Park frontage property to 38th Avenue in Council District 9 (201952883-00). The last regularly scheduled Council meeting within the 30-day review period is on 4-20-20. The Committee approved filing this item at its meeting on 3-17-20. A motion offered by Councilmember Black, duly seconded by Councilmember Kniech, that Council Bill 20-0253 be placed upon final consideration and do pass en bloc, carried by the following vote: Placed upon final consideration and do pass Aye: Black, Clark, Flynn, Gilmore, Herndon, Kniech, Torres (7) Nay: (None) (0) Absent: CdeBaca, Hinds, Kashmann, Ortega, Sandoval, Sawyer (6) 20-0267 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 Golf Enterprise Fund. Amends Section 39-121 of the Denver Revised Municipal Code to increase fees for City golf courses. The Committee approved filing this item at its meeting on 3-17-20. A motion offered by Councilmember Black, duly seconded by Councilmember Kniech, that Council Bill 20-0267 be placed upon final consideration and do pass en bloc, carried by the following vote: Placed upon final consideration and do pass Aye: Black, Clark, Flynn, Gilmore, Herndon, Kniech, Torres (7) Nay: (None) (0) Absent: CdeBaca, Hinds, Kashmann, Ortega, Sandoval, Sawyer (6) PRE-RECESS ANNOUNCEMENT RECESS Council did not take a recess. Page 11 COUNCIL RECONVENES AND RESUMES ITS REGULAR SESSION PUBLIC HEARINGS - BILLS FOR FINAL CONSIDERATION PRE-ADJOURNMENT ANNOUNCEMENT ADJOURN There being no further business before the City Council, Council President Clark adjourned the meeting at 6:02 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 12