City Council

City Council Minutes Meeting Date: Monday, June 15, 2020 5:30 PM PLEDGE OF ALLEGIANCE Councilmember Ortega 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 20-0565 Minutes of Monday, June 8, 2020 The minutes of Monday, June 8, 2020 were distributed to members of Council. Council President Clark ordered the minutes approved. Approved COUNCIL ANNOUNCEMENTS Councilmembers Sawyer, Ortega, CdeBaca, Kashmann and Kniech offered announcements. Councilmember Sawyer requested that a courtesy public hearing be held on Monday, June 22, 2020 on first reading or introduction of Council Bill 20-0536. Council President Clark granted the request. PRESENTATIONS COMMUNICATIONS PROCLAMATIONS 20-0567 Denver PRIDE Month & The Center on Colfax Day. A motion offered by Councilmember Hinds, duly seconded by Councilmember Herndon, that Council Proclamation 20-0567 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 RECAP OF BILLS TO BE CALLED OUT RESOLUTIONS Business, Arts, Workforce, & Aviation Services Committee 20-0488 A resolution approving a proposed Agreement between the City and County of Denver, on behalf of itself and the Denver Workforce Development Board and Eckerd Youth Alternatives, Inc. to provide one-stop operator and comprehensive services specific to employment and training as required under Denver’s Workforce Innovation and Opportunity Act (WIOA) funding. Approves a contract with Eckerd Connects for $2,500,000 and through 6-30-21 to provide one-stop operator and comprehensive services specific to employment and training as required under Denver’s Workforce Innovation and Opportunity Act (WIOA) funding and other special state revenue or grant-funded workforce initiatives, citywide (OEDEV-202054623-00). The last regularly scheduled Council meeting within the 30-day review period is on 6-29-20. The Committee approved filing this item at its meeting on 6-3-20. Pursuant to Council Rule 3.7, Councilmember Herndon called out this item at the 6-15-20 meeting for a one-week postponement to 6-22-20. A motion offered by Councilmember Ortega, duly seconded by Councilmember Kniech, that Council Resolution 20-0488 be adopted. The motion to adopt was withdrawn. Pursuant to Council Rule 3.7, Councilmember Herndon called out Council Resolution 20-0488 for a one-week postponement to Monday, 6-22-20. Postponed Finance & Governance Committee 20-0505 A resolution approving the Mayor’s reappointment and appointments to the Five Points Improvement District Board of Directors. Approves the Mayoral reappointment of Paul Books and the Mayoral appointments of Ryan Cobbins, LaSheita Sayer and Haroun Cowens to the Five Points Business Improvement District Board of Directors for terms effective immediately and expiring 6-12-24, or until a successor is duly appointed. The Committee approved filing this item at its meeting on 6-2-20. A motion offered by Councilmember Ortega, duly seconded by Councilmember Hinds, that Council Resolution 20-0505 be adopted. The motion carried by the following vote: Adopted Aye: Black, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (12) Nay: CdeBaca (1) Page 2 Land Use, Transportation & Infrastructure Committee 20-0512 A resolution approving a proposed CM/GC Construction Contract and Agreement between the City and County of Denver and James R. Howell & Co., Inc. d/b/a Howell Construction for CM/GC services for improvements and remodeling of the interior spaces on floors three, four and five of the Wastewater Building located at 2000 West 3rd Avenue. Approves a contract with James R. Howell & Co., Inc. doing business as Howell Construction, for $4,286,288 and for 200 days for construction manager/general contractor services for improvements and remodeling of the interior spaces on floors three, four and five of the Wastewater Building located at 2000 West 3rd Avenue in Council District 7 (DOTI-202054607). The last regularly scheduled Council meeting within the 30-day review period is on 6-29-20. The Committee approved filing this item at its meeting on 6-2-20. Pursuant to Council Rule 3.7, Councilmember Ortega called out this item at the 6-15-20 meeting for a one-week postponement to 6-22-20. Pursuant to Council Rule 3.7, Councilmember Ortega called out Council Resolution 20-0512 for a one-week postponement to Monday, 6-22-20. Postponed BLOCK VOTE A motion offered by Councilmember Ortega, duly seconded by Councilmember Herndon, 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 City Council - Direct Files 20-0514 A resolution extending the declaration of local disaster filed with the clerk and recorder to July 20, 2020. Extends the local disaster emergency declaration. Councilmember Clark approved filing this item on 6-11-20. A motion offered by Councilmember Ortega, duly seconded by Councilmember Herndon, that Council Resolution 20-0514 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 20-0557 A resolution approving a proposed Second Amendatory Agreement between the City and County of Denver and Western Stock Show Association to license the National Western Complex Hall of Education on an expedited, emergency basis to address the public health needs due to the COVID-19 pandemic. Amends a license agreement with the Western Stock Show Association by adding $400,000 for a new total of $850,000 and 1.5 months for a new end date of 7-15-20 to license the National Western Complex Hall of Education on an expedited, emergency basis to address the public health needs due to the COVID-19 pandemic (FINAN-202054926-02). The last regularly scheduled Council meeting within the 30-day review period is on 6-29-20. Councilmember Black approved direct filing this item on 6-11-20. A motion offered by Councilmember Ortega, duly seconded by Councilmember Herndon, that Council Resolution 20-0557 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) 20-0558 A resolution approving a proposed Second Amendatory Agreement between the City and County of Denver and K-M Concessions, LLC to provide support services at the Denver Coliseum and portions of National Western complex to support auxiliary shelters in the City in response to the COVID-19 pandemic. Amends a contract with KM Concessions, LLC by adding $4,015,930 for a new total of $5,645,405 and 1.5 months for a new end date of 7-15-20 to provide support for food, snacks and beverages at the Denver Coliseum and portions of National Western complex to support auxiliary shelters in the City in response to the COVID-19 pandemic (HOST-202054549). The last regularly scheduled Council meeting within the 30-day review period is on 6-29-20. Councilmember Kashmann approved direct filing this item on 6-11-20. A motion offered by Councilmember Ortega, duly seconded by Councilmember Herndon, that Council Resolution 20-0558 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 Business, Arts, Workforce, & Aviation Services Committee 20-0489 A resolution approving a proposed Agreement between the City and County of Denver and Ability Connection Colorado, Inc. to provide employment, education and training services to out-of-school youth. Approves a contract with Ability Connection Colorado, Inc. for $550,000 and through 6-30-21 to provide comprehensive services specific to employment and training to the disconnected youth in Denver (ages 16-24 and neither enrolled in school nor currently employed) as required under Denver’s Workforce Innovation and Opportunity Act (WIOA) funding, citywide (OEDEV-202054624-00). The last regularly scheduled Council meeting within the 30-day review period is on 6-29-20. The Committee approved filing this item at its meeting on 6-3-20. A motion offered by Councilmember Ortega, duly seconded by Councilmember Herndon, that Council Resolution 20-0489 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) 20-0500 A resolution approving a proposed Contract between the City and County of Denver and PCL Construction Services, Inc. concerning services to repair sumps and replace pumps and accessories in concourse basements at Denver International Airport. Approves a contract with PCL Construction Services for $7,244,653 and one year to repair sumps and replace pumps and accessories at 41 locations in the basements of Concourses B and C at Denver International Airport (201950765). The last regularly scheduled Council meeting within the 30-day review period is on 6-29-20. The Committee approved filing this item at its meeting on 6-3-20. A motion offered by Councilmember Ortega, duly seconded by Councilmember Herndon, that Council Resolution 20-0500 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 20-0501 A resolution approving a proposed Agreement between the City and County of Denver and Secure Health Partners, LLC concerning the lease of office space to provide drug testing for airlines at Denver International Airport. Approves a use and lease agreement with Secure Health Partners for rates and charges and for five years to lease 94 square feet of office space on Concourse A to provide employment drug testing for some airlines at Denver International Airport (PLANE-201952936). The last regularly scheduled Council meeting within the 30-day review period is on 6-29-20. The Committee approved filing this item at its meeting on 6-3-20. A motion offered by Councilmember Ortega, duly seconded by Councilmember Herndon, that Council Resolution 20-0501 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) Finance & Governance Committee 20-0506 A resolution approving the Mayor’s appointment to the Downtown Denver Business Improvement District Board of Directors. Approves the Mayoral appointment of Jodi Janda to the Downtown Denver Business Improvement District Board of Directors for a term effective immediately and expiring on 12-31-20, or until a successor is duly appointed. The Committee approved filing this item at its meeting on 6-2-20. A motion offered by Councilmember Ortega, duly seconded by Councilmember Herndon, that Council Resolution 20-0506 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) 20-0511 A resolution approving the Mayor’s appointments to the Cherry Creek North Business Improvement District Board of Directors. Approves the following Mayoral appointments to the Cherry Creek North Business Improvement District Board of Directors: Michael Moore, Terri Garbarini and Matt Joblon for terms effective immediately and expiring on 12-31-21; Dean Griffin and Lisa McInroy for terms effective immediately and expiring on 12-31-22, or until a successor is duly appointed. The Committee approved filing this item at its meeting on 6-2-20. A motion offered by Councilmember Ortega, duly seconded by Councilmember Herndon, that Council Resolution 20-0511 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 6 Land Use, Transportation & Infrastructure Committee 20-0483 A resolution approving a proposed Contract between the City and County of Denver and Gerald H. Phipps, Inc. for renovation of the Denver Central Library including addressing significant safety and security issues and addressing deferred maintenance as part of the Elevate Denver Bond program, in Council District 10. Approves a contract with Gerald H. Phipps, Inc. for $45 million and for three years to provide Construction Manager / General Contractor (CM/GC) services for renovation of the Denver Public Library, Central Library including addressing significant safety and security issues, correcting deferred maintenance and reconfiguring the building to allow for modern library programs, services and resources as part of the Elevate Denver Bond program, in Council District 10 (202053365). The last regularly scheduled Council meeting within the 30-day review period is on 6-29-20. The Committee approved filing this item at its meeting on 5-26-20. A motion offered by Councilmember Ortega, duly seconded by Councilmember Herndon, that Council Resolution 20-0483 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) 20-0503 A resolution approving a proposed Amended Master Purchase Order between the City and County of Denver and AM Signal, Inc. for power supply products for traffic operations. Amends a master purchase order with AM Signal Inc. by adding $1,150,000 for a new total of $2 million and 11 months and 12 days for a new end date of 11-12-21 for uninterrupted power supply products including associated accessories for citywide traffic operations (SC-00003460). The last regularly scheduled Council meeting within the 30-day review period is on 6-29-20. The Committee approved filing this item at its meeting on 6-2-20. A motion offered by Councilmember Ortega, duly seconded by Councilmember Herndon, that Council Resolution 20-0503 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 7 Safety, Housing, Education & Homelessness Committee 20-0375 A resolution approving a proposed Agreement between the City and County of Denver and JKS Industries, LLC for on-call asbestos abatement services for city-owned facilities, citywide. Approves a contract with JKS Industries, LLC for $1,000,000 and for three years, with two one-year optional renewals, for on-call asbestos abatement services for city-owned facilities, citywide (ENVHL-202054421). The last regularly scheduled Council meeting within the 30-day review period is on 6-29-20. The Committee approved filing this item at its meeting on 4-29-20. A motion offered by Councilmember Ortega, duly seconded by Councilmember Herndon, that Council Resolution 20-0375 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) 20-0491 A resolution approving a proposed Loan Agreement between the City and County of Denver and Brothers Redevelopment, Inc. to provide financing for the acquisition and development of affordable housing in the Globeville and Elyria Swansea neighborhoods. Approves a performance loan agreement with Brothers Redevelopment, Inc. for $2,000,000 and through 12-31-22 for the creation of nine units for affordable homeownership through new construction or the acquisition and rehabilitation of existing units, the acquisition of land for homeownership development and associated administrative costs in the Globeville, Elyria, and Swansea neighborhoods in Council District 9 (HOST-202053863-00). The last regularly scheduled Council meeting within the 30-day review period is on 6-29-20. The Committee approved filing this item at its meeting on 6-3-20. A motion offered by Councilmember Ortega, duly seconded by Councilmember Herndon, that Council Resolution 20-0491 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 8 20-0510 A resolution approving a proposed First Amendment and Modification Agreement between the City and County of Denver and Brandon VOA Family Housing, LLC to amend and modify the terms and conditions of the Loan Agreement. Amends a loan agreement with Brandon VOA Family Housing 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) for a recently completed 103-unit affordable rental project located at 1555 Xavier Street in Council District 1 (OEDEV-201840084-01). The last regularly scheduled Council meeting within the 30-day review period is on 6-29-20. The Committee approved filing this item at its meeting on 6-3-20. A motion offered by Councilmember Ortega, duly seconded by Councilmember Herndon, that Council Resolution 20-0510 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 Finance & Governance Committee 20-0499 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 to make pay range adjustments, pay grade abolishments, and changes to employee pay rates to be effective on July 1, 2020 in response to the contractor/city employee minimum wage ordinance. The Committee approved filing this bill by consent on 6-2-20. Council Bill 20-0499 was ordered published Ordered published 20-0504 A bill for an ordinance authorizing a cash transfer from the City Council Special Revenue Fund to the General Fund and making an appropriation in the General Fund. Approves a cash transfer of $143,146 from the City Council Special Revenue Fund and an appropriation in General Fund Contingency to meet a portion of City Council’s 2020 mid-year reduction target. The Committee approved filing this item at its meeting on 6-2-20. Council Bill 20-0504 was ordered published Ordered published Page 9 20-0515 A bill for an ordinance to amend the Charter of the City and County of Denver to give City Council the authority to procure professional services without executive branch approval, subject to the approval of the voters at a special municipal election to be conducted in coordination with the state general election on November 3, 2020. Refers a measure to the electors of Denver to allow for City Council to procure professional services. The Committee approved filing this item at its meeting on 6-2-20. Council Bill 20-0515 was ordered published Ordered published 20-0516 A bill for an ordinance submitting to a vote of the qualified and registered electors of the City and County of Denver at a special municipal election to be held in conjunction with the coordinated election of November 3, 2020, a proposed amendment to the Charter of the City and County of Denver creating a Board of Transportation and Infrastructure. Refers a measure to the electors of Denver to create an advisory board for the Department of Transportation and Infrastructure. The Committee approved filing this item at its meeting on 6-2-20. Council Bill 20-0516 was ordered published Ordered published Land Use, Transportation & Infrastructure Committee 20-0285 A bill for an ordinance changing the zoning classification for 22, 24, 26 and 28 South Garfield Street in Cherry Creek. Approves an official map amendment to rezone property from PUD 470 to G-RH-3 (planned development to row house) located at 22, 24, 26 and 28 South Garfield Street in Council District 10. The Committee approved filing this item at its meeting on 6-2-20. Final Consideration | Required Public Hearing Council Bill 20-0285 was ordered published with a future required public hearing on 7-13-20 Ordered published with a future required public hearing 20-0292 A bill for an ordinance changing the zoning classification for 4120, 4124, 4128, 4130, 4136, 4140, 4150, and 4158 Jason Street in Sunnyside. Approves an official map amendment to rezone property from I-A UO-2 to C-RX-8 located at 4120, 4124, 4128, 4130, 4136, 4140, 4150, 4158 Jason Street in Council District 1. The Committee approved filing this item at its meeting on 6-2-20. Final Consideration | Required Public Hearing Council Bill 20-0292 was ordered published with a future required public hearing on 7-13-20 Ordered published with a future required public hearing Page 10 20-0497 A bill for an ordinance changing the zoning classification for 711 East Yale Avenue and 2525 South Downing Street (rear) in Rosedale. Approves an official map amendment to rezone properties from CMP-EI2 to CMP-H2 (campus, hospital use) located at 711 East Yale Avenue and 2525 South Downing Street (Rear) in Council District 6. The Committee approved filing this item at its meeting on 6-2-20. Final Consideration | Require Public Hearing Council Bill 20-0497 was ordered published with a future required public hearing on 7-13-20 Ordered published with a future required public hearing Safety, Housing, Education & Homelessness Committee 20-0507 A bill for an ordinance amending the Revised Municipal Code of the City and County of Denver to alter the deadlines for retail tobacco store licenses. Amends Chapter 24 and Chapter 32 of the Denver Revised Municipal Code (DRMC) to move the dates required for tobacco retailers to apply for a license back by 6 months respectively due to COVID 19 related issues. The Committee approved filing this item at its meeting on 6-3-20. Council Bill 20-0507 was ordered published Ordered published 20-0508 A bill for an ordinance approving a proposed Sixth Amendatory Agreement between the City and County of Denver and State of Colorado Judicial Department, to pay for personnel to provide a school based gang prevention program. Amends an agreement with the Colorado State Judicial Department by adding $75,807.82 for a new total of $999,637.73 and six months for a new end date of 6-30-20 to continue the work of the Gang Reduction Initiative of Denver (GRID) program, citywide (SAFTY-201100301; SAFTY-201952991). The last regularly scheduled Council meeting within the 30-day review period is on 6-29-20. The Committee approved filing this item at its meeting on 6-3-20. Council Bill 20-0508 was ordered published Ordered published Page 11 BILLS FOR FINAL CONSIDERATION Land Use, Transportation & Infrastructure Committee 20-0486 A bill for an ordinance temporarily amending Section 30-6(1) of Article I, Chapter 30 (Landmark Preservation) of the Denver Revised Municipal Code for the period June 19 through August 2, 2020, to postpone certain actions and toll certain time limits within the article. Temporarily amends Section 30-6(1) of Article I, Chapter 30 (Landmark Preservation) of the Denver Revised Municipal Code for the period of June 19 through August 2, 2020, to postpone certain actions and toll certain time limits within the article. The Committee approved filing this item at its meeting on 5-26-20. A motion offered by Councilmember Ortega, duly seconded by Councilmember Herndon, that Council Bill 20-0486 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 on Monday, July 13, 2020, Council will hold a required public hearing on Council Bill 20-0285, changing the zoning classification for 22, 24, 26 and 28 South Garfield Street in Cherry Creek; a required public hearing on Council Bill 20-0292, changing the zoning classification for 4120, 4124, 4128, 4130, 4136, 4140, 4150, and 4158 Jason Street in Sunnyside; and, a required public hearing on Council Bill 20-0497, changing the zoning classification for 711 East Yale Avenue and 2525 South Downing Street (rear) in Rosedale. Any protests against Council Bills 20-0285, 20-0292 or 20-0497 must be filed with the Council Offices no later than noon on Tuesday, July 7, 2020. Page 12 ADJOURN There being no further business before the City Council, Council President Clark adjourned the meeting at 6:35 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