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City Council

Regular Meeting

Denver, CO · June 22, 2020

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Minutes

City Council Minutes Meeting Date: Monday, June 22, 2020 5:30 PM PLEDGE OF ALLEGIANCE ROLL CALL Present: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Sandoval, Sawyer, Torres (12) Absent: Ortega (1) APPROVAL OF THE MINUTES 20-0614 Minutes of Monday, June 15, 2020 The minutes of Monday, June 15, 2020, were distributed to members of Council. Council President Clark ordered the minutes approved. Approved COUNCIL ANNOUNCEMENTS Councilmembers Sandoval, Hinds and CdeBaca offered announcements. PRESENTATIONS COMMUNICATIONS PROCLAMATIONS 20-0613 A proclamation honoring Michael Eugene Somma for 35 years of service to the City and County of Denver. A motion offered by Councilmember Flynn, duly seconded by Councilmember Herndon, that Proclamation 20-0613 be adopted, was followed by a motion offered by Councilmember Sandoval, duly seconded by Councilmember Hinds, that adoption of Council Proclamation 20-0613 be postponed to Monday, July 20, 2020. The motion to postpone carried by the following vote: Postponed Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Sandoval, Sawyer, Torres (12) Nay: (None) (0) Absent: Ortega (1) 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 Kniech, duly seconded by Councilmember Hinds, that Council Resolution 20-0488 be adopted. The motion carried by the following vote: Adopted Aye: Black, Clark, Flynn, Gilmore, Herndon, Kashmann, Kniech, Sandoval, Torres (9) Nay: CdeBaca, Hinds, Sawyer (3) Absent: Ortega (1) BILLS FOR INTRODUCTION Finance & Governance Committee 20-0495 A bill for an ordinance approving a proposed Intergovernmental Agreement between the City and County of Denver and Denver Health and Hospital Authority d/b/a Denver Health Medical Center to provide for the availability of reimbursement of agency funds in accordance with the FEMA COVID-19 Grant. Approves an intergovernmental agreement with Denver Health and Hospital Authority to provide for reimbursement of funds in accordance with the FEMA COVID-19 Grant. 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 Kniech, duly seconded by Councilmember Gilmore, that Council Bill 20-0495 be ordered published. The motion carried by the following vote: Ordered published Aye: Black, Clark, Flynn, Gilmore, Herndon, Kashmann, Kniech, Sandoval, Torres (9) Nay: CdeBaca, Hinds, Sawyer (3) Absent: Ortega (1) Page 2 BILLS FOR FINAL CONSIDERATION Finance & Governance Committee 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. A motion offered by Councilmember Kniech, duly seconded by Councilmember Hinds, that Council Bill 20-0504 be placed upon final consideration and do pass. The motion carried by the following vote: Placed upon final consideration and do pass Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Sandoval, Sawyer, Torres (12) Nay: (None) (0) Absent: Ortega (1) Safety, Housing, Education & Homelessness Committee 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. A motion offered by Councilmember Kniech, duly seconded by Councilmember Herndon, that Council Bill 20-0508 be placed upon final consideration and do pass. The motion FAILED to carry by the following vote: Placed upon final consideration and do pass Aye: Black, Clark, Flynn, Herndon (4) Nay: CdeBaca, Gilmore, Hinds, Kashmann, Kniech, Sandoval, Sawyer, Torres (8) Absent: Ortega (1) BLOCK VOTE A motion offered 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, Sandoval, Sawyer, Torres (12) Nay: (None) (0) Absent: Ortega (1) Page 3 RESOLUTIONS Business, Arts, Workforce, & Aviation Services Committee 20-0490 A resolution approving a proposed Second Amendatory Agreement between the City and County of Denver and Rocky Mountain Public Media, Inc. f/k/a Rocky Mountain Public Broadcasting Network, Inc. to allow for a change of collateral from a 2900 Welton location to a secondary position at the 2101 Arapahoe location. Amends a loan agreement with Rocky Mountain Public Media to allow for a change of collateral from a 2900 Welton Street property to a secondary position at the soon to be completed 2100 Arapahoe Street property, allowing the 2900 Welton Street property to be sold to a community-based nonprofit organization providing childcare and early childhood education. No change to agreement amount or duration (202054620-02). 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 5-27-20. A motion offered that Council Resolution 20-0490 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Sandoval, Sawyer, Torres (12) Nay: (None) (0) Absent: Ortega (1) 20-0525 A resolution approving a proposed Second Amendment between the City and County of Denver and OSP US, Inc. concerning Public Parking Revenue Control System at Denver International Airport. Amends a contract with OSP US, Inc. by adding $2,435,245 for a new total of $12,535,245 and one year for a new end date of 9-30-20 to maintain the Public Parking Revenue Control System, the garage-level sign control system, the first point of contact for the Ground Transportation Automated Vehicle Identification (AVI) system and the employee parking hardware at Denver International Airport (CE-201309652-02). 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 6-10-20. A motion offered that Council Resolution 20-0525 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Sandoval, Sawyer, Torres (12) Nay: (None) (0) Absent: Ortega (1) Page 4 20-0526 A resolution approving a proposed Contract between the City and County of Denver and ANIHI Newco, LLC, d/b/a Avail concerning a pilot program permit for a peer-to-peer car sharing platform at Denver International Airport. Approves a revenue contract with ANIHI Newco, LLC for $36,500 and for one year for an Avail Pilot Program Permit for a peer-to-peer car sharing platform at Denver International Airport (PLANE-202054660). 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 6-10-20. A motion offered that Council Resolution 20-0526 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Sandoval, Sawyer, Torres (12) Nay: (None) (0) Absent: Ortega (1) 20-0527 A resolution approving a proposed Contract between the City and County of Denver and Ash & White Construction Co. d/b/a White Construction Group, Ltd. concerning improvements for Xcel transformer vaults at Denver International Airport. Approves a contract with Ash & White Construction Co., doing business as White Construction Group, for $9,343,000 and for 640 days for the improvements for five Xcel transformer vaults located in the basement of Concourse B, including new structural foundations, concrete slab, new masonry walls, new doors, new HVAC, new lighting, and water mitigation system at Denver International Airport (PLANE-202054550). 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 6-10-20. A motion offered that Council Resolution 20-0527 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Sandoval, Sawyer, Torres (12) Nay: (None) (0) Absent: Ortega (1) Page 5 20-0528 A resolution approving a proposed Agreement between the City and County of Denver and Oak Leaf Solar XVIII, LLC concerning the ground lease for construction and operation of a solar array at Denver International Airport. Approves a lease and license agreement with Oak Leaf Solar XVIII, LLC for $771,611 and for 25.5 years for the lease of approximately 40 acres for construction and operation of a solar array developed and maintained by Oak Leaf Solar XVIII LLC at Denver International Airport (PLANE-202053422). 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 6-10-20. A motion offered that Council Resolution 20-0528 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Sandoval, Sawyer, Torres (12) Nay: (None) (0) Absent: Ortega (1) 20-0529 A resolution approving a proposed Agreement between the City and County of Denver and Oak Leaf Solar XVIII, LLC concerning the purchase of electricity from a solar array to be built at Denver International Airport. Approves a contract with Oak Leaf Solar XVIII, LLC for $27,041,254.62 and for 25 years to purchase electricity from a solar array to be built at Denver International Airport (PLANE-202053692). 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 6-10-20. A motion offered that Council Resolution 20-0529 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Sandoval, Sawyer, Torres (12) Nay: (None) (0) Absent: Ortega (1) Page 6 Finance & Governance Committee 20-0523 A resolution approving a proposed Amendatory Agreement between the City and County of Denver and Questica, Inc. to extend the term and increase funding for a budgeting system for Denver's Budget Management Office. Amends a contract with Questica Software, Inc. by adding $1,051,680 for a new total of $3,291,680 and five years for a new end date of 8-01-25 for continual use and support of the budget management software supporting all City agencies (TECHS-202054455). 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 6-9-20. A motion offered that Council Resolution 20-0523 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Sandoval, Sawyer, Torres (12) Nay: (None) (0) Absent: Ortega (1) Land Use, Transportation & Infrastructure Committee 20-0502 A resolution approving a proposed Second Amendatory Agreement between the City and County of Denver and Acme Tree Service, Inc. for extending the term date for on-call tree maintenance citywide. Amends a contract with Acme Tree Service, Inc. by adding four months for a new end date of 9-30-20 for on-call tree maintenance, including tree management and pruning, tree removal, stump removal and other services on public and private property, citywide. No change to contract amount (201735119-02; 202054415). 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 that Council Resolution 20-0502 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Sandoval, Sawyer, Torres (12) Nay: (None) (0) Absent: Ortega (1) Page 7 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. A motion offered that Council Resolution 20-0512 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Sandoval, Sawyer, Torres (12) Nay: (None) (0) Absent: Ortega (1) 20-0532 A resolution approving a proposed Second Amendatory Agreement between the City and County of Denver and SavATree, LLC DBA Swingle Tree and Landscape Care, Inc. for on-call tree maintenance citywide. Amends a contract with SavATree, LLC doing business as Swingle, Inc. by adding four months for a new end date of 9-30-20 for on-call tree maintenance, including tree management and pruning, tree removal, stump removal and other services on public and private property, citywide. No change to contract amount (201735118-02; 202054424). 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 6-9-20. A motion offered that Council Resolution 20-0532 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Sandoval, Sawyer, Torres (12) Nay: (None) (0) Absent: Ortega (1) Page 8 Safety, Housing, Education & Homelessness Committee 20-0548 A resolution approving the Council appointment of Deronn Turner to the Head Start Policy Council. That the Council appointment of Deronn Turner to the Head Start Policy Council for a term effective immediately and expiring on 7-1-21, or until a successor is duly appointed, be and hereby is approved. The Committee approved filing this item at its meeting on 6-17-20. A motion offered that Council Resolution 20-0548 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Sandoval, Sawyer, Torres (12) Nay: (None) (0) Absent: Ortega (1) BILLS FOR INTRODUCTION Land Use, Transportation & Infrastructure Committee 20-0513 A bill for an ordinance revoking the revocable permit granted by Ordinance No. 306, Series of 2005, to Center for Traditional Chinese Medicine. Revokes Ordinance No. 306, Series of 2005 which granted a revocable permit to Center for Traditional Chinese Medicine, their successors and assigns, to encroach into the right of way with a handicap ramp at 5 Cook Street in Council District 10. The Committee approved filing this item at its meeting on 6-9-20. Council Bill 20-0513 was ordered published Ordered published 20-0520 A bill for an ordinance changing the zoning classification for 5061 Perry Street in Regis. Approves an official map amendment to rezone property from U-SU-C to U-SU-C1 (allows an accessory dwelling unit), located at 5061 Perry Street in Council District 1. The Committee approved filing this item at its meeting on 6-9-20. Final Consideration | Required Public Hearing Council Bill 20-0520 was ordered published with a future required public hearing on 7-20-20 Ordered published with a future required public hearing Page 9 20-0521 A bill for an ordinance relinquishing the easement reserved in Ordinance No. 20191064, Series of 2019, recorded with Denver Clerk & Recorder at Reception No. 2019155840, located near the intersection of East Warren Avenue and South Cherry Street to the southbound Interstate-25 ramp at South Cherry Street. Relinquishes the easement(s), in its entirety, established in the vacating Ordinance No. 20191064, Series of 2019 near the intersection of East Warren Avenue and South Cherry Street to the southbound Interstate-25 ramp at South Cherry Street in Council District 4. 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 6-9-20. Council Bill 20-0521 was ordered published Ordered published 20-0522 A bill for an ordinance approving a proposed Amendatory Intergovernmental Agreement between the City and County of Denver and School District No. 1 to provide trash, recycling and composting collection services for Denver Public Schools. Amends an intergovernmental agreement with School District No. 1 by adding $1,400,000 of revenue for a new total of $2,313,254 and three years for a new end date of 6-30-23 to provide trash, recycling, and composting collection services to all Denver Public School sites, citywide (201843393; 202054704). 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 6-9-20. Council Bill 20-0522 was ordered published Ordered published 20-0524 A bill for an ordinance changing the zoning classification for 4353 Fillmore Street in Elyria Swansea. Approves an official map amendment to rezone property from E-SU-D to U-TU-C (urban edge, single-unit to urban, two-unit), located at 4353 Fillmore Street in Council District 9. The Committee approved filing this item at its meeting on 6-9-20. Final Consideration | Required Public Hearing Council Bill 20-0524 was ordered published with a future required public hearing on 7-20-20 Ordered published with a future required public hearing 20-0538 A bill for an ordinance changing the zoning classification for 3325 West 16th Avenue in West Colfax. Approves an official map amendment to rezone property from G-MU-3 to G-MX-3 (multi-unit to mixed-use), located at 3325 West 16th Avenue in Council District 3. The Committee approved filing this item at its meeting on 6-9-20. Final Consideration | Required Public Hearing Council Bill 20-0538 was ordered published with a future required public hearing on 7-20-20 Ordered published with a future required public hearing Page 10 Safety, Housing, Education & Homelessness Committee 20-0467 A bill for an ordinance approving a proposed Intergovernmental Agreement between the City and County of Denver and the Colorado Department of Human Services to provide childcare facility licensure and investigation services. Approves an intergovernmental agreement with the Colorado Department of Human Services for $640,642 and for one year to provide reimbursement for the City’s Child Care Facility Inspection program for services related to child care facility inspections, citywide (ENVHL - 202054585-00). 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 5-20-20. Council Bill 20-0467 was ordered published Ordered published BILLS FOR FINAL CONSIDERATION 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. A motion offered that Council Bill 20-0499 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, Sandoval, Sawyer, Torres (12) Nay: (None) (0) Absent: Ortega (1) 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. A motion offered that Council Bill 20-0515 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, Sandoval, Sawyer, Torres (12) Nay: (None) (0) Absent: Ortega (1) Page 11 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. A motion offered that Council Bill 20-0516 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, Sandoval, Sawyer, Torres (12) Nay: (None) (0) Absent: Ortega (1) 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. A motion offered that Council Bill 20-0507 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, Sandoval, Sawyer, Torres (12) Nay: (None) (0) Absent: Ortega (1) PRE-RECESS ANNOUNCEMENT Council President Clark announced that tonight there will be a thirty-minute courtesy public hearing on Council Bill 20-0536, submitting to a vote of the registered electors of the City and County of Denver, a proposed amendment to the Charter of the City and County of Denver to give City Council the authority to consent to certain mayoral appointments. Anyone wishing to speak on this matter must go online or see the Council Secretary to sign up during the recess of Council. RECESS Council did not take a recess. COUNCIL RECONVENES AND RESUMES ITS REGULAR SESSION Page 12 COURTESY PUBLIC HEARINGS - BILLS FOR INTRODUCTION Finance & Governance Committee 20-0536 A bill for an ordinance submitting to a vote of the registered electors of the City and County of Denver at a special municipal election to be held in conjunction with the coordinated election on November 3, 2020, a proposed amendment to the Charter of the City and County of Denver to give City Council the authority to consent to certain mayoral appointments. Submits to the voters of Denver the power for City Council to confirm Mayoral departmental appointees. The Committee approved filing this item at its meeting on 6-9-20. Council sat as a Committee of the Whole, commencing at 9:40 p.m., Council President Clark presiding, to hear speakers on the introduction of Council Bill 20-0536. Dennis Brachfeld signed up to speak neither in favor nor against the bill. Katie Leonard, Jame Titus, Kenny White, Jason Ball, Blair Stapp, Tessema, Christina Shulman, Chairman Seku, Rosie DuPree and Jesse Parris signed up to speak in favor of the bill. No speakers signed up to speak in opposition of the bill. Councilmember Sawyer delivered a brief overview of the bill. A motion offered by Councilmember Kniech, duly seconded by Councilmember Sawyer, that Council Bill 20-0536 be ordered published. The motion carried by the following vote: Ordered published Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Sandoval, Sawyer, Torres (12) Nay: (None) (0) Absent: Ortega (1) PRE-ADJOURNMENT ANNOUNCEMENT Council President Clark announced that on Monday, July 20, 2020, Council will hold a required public hearing on Council Bill 20-0520, changing the zoning classification for 5061 Perry Street in Regis; a required public hearing on Council Bill 20-0524, changing the zoning classification for 4353 Fillmore Street in Elyria Swansea; and, a required public hearing on Council Bill 20-0538, changing the zoning classification for 3325 West 16th Avenue in West Colfax. Any protests against Council Bills 20-0520, 20-0524 and 20-0538 must be filed with the Council Offices no later than noon on Monday, July 13, 2020. Page 13 ADJOURN There being no further business before the City Council, Council President Clark adjourned the meeting at 10:23 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 14

Agenda

City Council Meeting of Monday, June 22, 2020 City and County of Denver Robin Kniech........................At Large Jolon Clark........................District 7 Deborah “Debbie” Ortega.......At Large Christopher Herndon...........District 8 Amanda P. Sandoval.............District 1 Candi CdeBaca...................District 9 Kevin Flynn........................District 2 Chris Hinds.......................District 10 Jamie Torres.......................District 3 Stacie Gilmore...................District 11 Kendra Black.......................District 4 Linda Jamison....................Director Amanda Sawyer..................District 5 Mar'quasa Hopson..............Secretary Paul Kashmann...................District 6 Room 450 City & County Building 1437 Bannock Street Denver CO 80202 Phone: 720-337-2000 Email: dencc@denvergov.org City Council Agenda Monday, June 22, 2020 PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF THE MINUTES 20-0614 Minutes of Monday, June 15, 2020 COUNCIL ANNOUNCEMENTS PRESENTATIONS COMMUNICATIONS PROCLAMATIONS 20-0613 A proclamation honoring Michael Eugene Somma for 35 years of service to the City and County of Denver. Sponsor Flynn, Ortega and Sandoval 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. Page 2 City Council Agenda Monday, June 22, 2020 20-0490 A resolution approving a proposed Second Amendatory Agreement between the City and County of Denver and Rocky Mountain Public Media, Inc. f/k/a Rocky Mountain Public Broadcasting Network, Inc. to allow for a change of collateral from a 2900 Welton location to a secondary position at the 2101 Arapahoe location. Amends a loan agreement with Rocky Mountain Public Media to allow for a change of collateral from a 2900 Welton Street property to a secondary position at the soon to be completed 2100 Arapahoe Street property, allowing the 2900 Welton Street property to be sold to a community-based nonprofit organization providing childcare and early childhood education. No change to agreement amount or duration (202054620-02). 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 5-27-20. 20-0525 A resolution approving a proposed Second Amendment between the City and County of Denver and OSP US, Inc. concerning Public Parking Revenue Control System at Denver International Airport. Amends a contract with OSP US, Inc. by adding $2,435,245 for a new total of $12,535,245 and one year for a new end date of 9-30-20 to maintain the Public Parking Revenue Control System, the garage-level sign control system, the first point of contact for the Ground Transportation Automated Vehicle Identification (AVI) system and the employee parking hardware at Denver International Airport (CE-201309652-02). 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 6-10-20. 20-0526 A resolution approving a proposed Contract between the City and County of Denver and ANIHI Newco, LLC, d/b/a Avail concerning a pilot program permit for a peer-to-peer car sharing platform at Denver International Airport. Approves a revenue contract with ANIHI Newco, LLC for $36,500 and for one year for an Avail Pilot Program Permit for a peer-to-peer car sharing platform at Denver International Airport (PLANE-202054660). 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 6-10-20. Page 3 City Council Agenda Monday, June 22, 2020 20-0527 A resolution approving a proposed Contract between the City and County of Denver and Ash & White Construction Co. d/b/a White Construction Group, Ltd. concerning improvements for Xcel transformer vaults at Denver International Airport. Approves a contract with Ash & White Construction Co., doing business as White Construction Group, for $9,343,000 and for 640 days for the improvements for five Xcel transformer vaults located in the basement of Concourse B, including new structural foundations, concrete slab, new masonry walls, new doors, new HVAC, new lighting, and water mitigation system at Denver International Airport (PLANE-202054550). 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 6-10-20. 20-0528 A resolution approving a proposed Agreement between the City and County of Denver and Oak Leaf Solar XVIII, LLC concerning the ground lease for construction and operation of a solar array at Denver International Airport. Approves a lease and license agreement with Oak Leaf Solar XVIII, LLC for $771,611 and for 25.5 years for the lease of approximately 40 acres for construction and operation of a solar array developed and maintained by Oak Leaf Solar XVIII LLC at Denver International Airport (PLANE-202053422). 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 6-10-20. 20-0529 A resolution approving a proposed Agreement between the City and County of Denver and Oak Leaf Solar XVIII, LLC concerning the purchase of electricity from a solar array to be built at Denver International Airport. Approves a contract with Oak Leaf Solar XVIII, LLC for $27,041,254.62 and for 25 years to purchase electricity from a solar array to be built at Denver International Airport (PLANE-202053692). 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 6-10-20. Page 4 City Council Agenda Monday, June 22, 2020 Finance & Governance Committee 20-0523 A resolution approving a proposed Amendatory Agreement between the City and County of Denver and Questica, Inc. to extend the term and increase funding for a budgeting system for Denver's Budget Management Office. Amends a contract with Questica Software, Inc. by adding $1,051,680 for a new total of $3,291,680 and five years for a new end date of 8-01-25 for continual use and support of the budget management software supporting all City agencies (TECHS-202054455). 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 6-9-20. Land Use, Transportation & Infrastructure Committee 20-0502 A resolution approving a proposed Second Amendatory Agreement between the City and County of Denver and Acme Tree Service, Inc. for extending the term date for on-call tree maintenance citywide. Amends a contract with Acme Tree Service, Inc. by adding four months for a new end date of 9-30-20 for on-call tree maintenance, including tree management and pruning, tree removal, stump removal and other services on public and private property, citywide. No change to contract amount (201735119-02; 202054415). 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. 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. Page 5 City Council Agenda Monday, June 22, 2020 20-0532 A resolution approving a proposed Second Amendatory Agreement between the City and County of Denver and SavATree, LLC DBA Swingle Tree and Landscape Care, Inc. for on-call tree maintenance citywide. Amends a contract with SavATree, LLC doing business as Swingle, Inc. by adding four months for a new end date of 9-30-20 for on-call tree maintenance, including tree management and pruning, tree removal, stump removal and other services on public and private property, citywide. No change to contract amount (201735118-02; 202054424). 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 6-9-20. Safety, Housing, Education & Homelessness Committee 20-0548 A resolution approving the Council appointment of Deronn Turner to the Head Start Policy Council. That the Council appointment of Deronn Turner to the Head Start Policy Council for a term effective immediately and expiring on 7-1-21, or until a successor is duly appointed, be and hereby is approved. The Committee approved filing this item at its meeting on 6-17-20. BILLS FOR INTRODUCTION Finance & Governance Committee 20-0495 A bill for an ordinance approving a proposed Intergovernmental Agreement between the City and County of Denver and Denver Health and Hospital Authority d/b/a Denver Health Medical Center to provide for the availability of reimbursement of agency funds in accordance with the FEMA COVID-19 Grant. Approves an intergovernmental agreement with Denver Health and Hospital Authority to provide for reimbursement of funds in accordance with the FEMA COVID-19 Grant. 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. Page 6 City Council Agenda Monday, June 22, 2020 Land Use, Transportation & Infrastructure Committee 20-0513 A bill for an ordinance revoking the revocable permit granted by Ordinance No. 306, Series of 2005, to Center for Traditional Chinese Medicine. Revokes Ordinance No. 306, Series of 2005 which granted a revocable permit to Center for Traditional Chinese Medicine, their successors and assigns, to encroach into the right of way with a handicap ramp at 5 Cook Street in Council District 10. The Committee approved filing this item at its meeting on 6-9-20. 20-0520 A bill for an ordinance changing the zoning classification for 5061 Perry Street in Regis. Approves an official map amendment to rezone property from U-SU-C to U-SU-C1 (allows an accessory dwelling unit), located at 5061 Perry Street in Council District 1. If ordered published, a public hearing will be held on Monday, 7-20-20. The Committee approved filing this item at its meeting on 6-9-20. 20-0521 A bill for an ordinance relinquishing the easement reserved in Ordinance No. 20191064, Series of 2019, recorded with Denver Clerk & Recorder at Reception No. 2019155840, located near the intersection of East Warren Avenue and South Cherry Street to the southbound Interstate-25 ramp at South Cherry Street. Relinquishes the easement(s), in its entirety, established in the vacating Ordinance No. 20191064, Series of 2019 near the intersection of East Warren Avenue and South Cherry Street to the southbound Interstate-25 ramp at South Cherry Street in Council District 4. 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 6-9-20. 20-0522 A bill for an ordinance approving a proposed Amendatory Intergovernmental Agreement between the City and County of Denver and School District No. 1 to provide trash, recycling and composting collection services for Denver Public Schools. Amends an intergovernmental agreement with School District No. 1 by adding $1,400,000 of revenue for a new total of $2,313,254 and three years for a new end date of 6-30-23 to provide trash, recycling, and composting collection services to all Denver Public School sites, citywide (201843393; 202054704). 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 6-9-20. Page 7 City Council Agenda Monday, June 22, 2020 20-0524 A bill for an ordinance changing the zoning classification for 4353 Fillmore Street in Elyria Swansea. Approves an official map amendment to rezone property from E-SU-D to U-TU-C (urban edge, single-unit to urban, two-unit), located at 4353 Fillmore Street in Council District 9. If ordered published, a public hearing will be held on Monday, 7-20-20. The Committee approved filing this item at its meeting on 6-9-20. 20-0538 A bill for an ordinance changing the zoning classification for 3325 West 16th Avenue in West Colfax. Approves an official map amendment to rezone property from G-MU-3 to G-MX-3 (multi-unit to mixed-use), located at 3325 West 16th Avenue in Council District 3. If ordered published, a public hearing will be held on Monday, 7-20-20. The Committee approved filing this item at its meeting on 6-9-20. Safety, Housing, Education & Homelessness Committee 20-0467 A bill for an ordinance approving a proposed Intergovernmental Agreement between the City and County of Denver and the Colorado Department of Human Services to provide childcare facility licensure and investigation services. Approves an intergovernmental agreement with the Colorado Department of Human Services for $640,642 and for one year to provide reimbursement for the City’s Child Care Facility Inspection program for services related to child care facility inspections, citywide (ENVHL - 202054585-00). 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 5-20-20. BILLS FOR FINAL CONSIDERATION 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. Page 8 City Council Agenda Monday, June 22, 2020 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. 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. 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. 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. Page 9 City Council Agenda Monday, June 22, 2020 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. RECAP OF BILLS TO BE CALLED OUT PRE-RECESS ANNOUNCEMENT Tonight there will be a thirty-minute courtesy public hearing on Council Bill 20-0536, submitting to a vote of the registered electors of the City and County of Denver, a proposed amendment to the Charter of the City and County of Denver to give City Council the authority to consent to certain mayoral appointments. Anyone wishing to speak on this matter must go online or see the Council Secretary to sign up during the recess of Council. RECESS COUNCIL RECONVENES AND RESUMES ITS REGULAR SESSION Page 10 City Council Agenda Monday, June 22, 2020 COURTESY PUBLIC HEARINGS - BILLS FOR INTRODUCTION Finance & Governance Committee 20-0536 A bill for an ordinance submitting to a vote of the registered electors of the City and County of Denver at a special municipal election to be held in conjunction with the coordinated election on November 3, 2020, a proposed amendment to the Charter of the City and County of Denver to give City Council the authority to consent to certain mayoral appointments. Submits to the voters of Denver the power for City Council to confirm Mayoral departmental appointees. The Committee approved filing this item at its meeting on 6-9-20. PRE-ADJOURNMENT ANNOUNCEMENT Dependent upon publication, on Monday, July 20, 2020, Council will hold a required public hearing on Council Bill 20-0520, changing the zoning classification for 5061 Perry Street in Regis; a required public hearing on Council Bill 20-0524, changing the zoning classification for 4353 Fillmore Street in Elyria Swansea; and, a required public hearing on Council Bill 20-0538, changing the zoning classification for 3325 West 16th Avenue in West Colfax. Any protests against Council Bills 20-0520, 20-0524 and 20-0538 must be filed with the Council Offices no later than noon on Monday, July 13, 2020. ADJOURN Page 11 City Council Agenda Monday, June 22, 2020 PENDING FOR 6-29-20: 20-0161 A bill for an ordinance changing the zoning classification for 3201 Curtis Street in Five Points. Approves an official map amendment to rezone property from PUD 379 to U-MX-2x (planned development to mixed-use) located at 3201 Curtis Street in Council District 9. The Committee approved filing this item at its meeting on 2-25-20. Final Consideration | Required Public Hearing 20-0162 A bill for an ordinance changing the zoning classification for 2005 Willow Street in Stapleton. Approves an official map amendment to rezone property from PUD 574 to U-MX-3 (planned development to mixed-use) located at 2005 North Willow Street in Council District 8. The Committee approved filing this item at its meeting on 2-25-20. Final Consideration | Required Public Hearing 20-0201 A bill for an ordinance changing the zoning classification for 4750 Zuni Street in Sunnyside. Approves an official map amendment to rezone property from U-SU-C to U-SU-C1 (allows for an ADU), located at 4750 Zuni Street in Council District 1. The Committee approved filing this item at its meeting on 3-3-20. Final Consideration | Required Public Hearing Page 12 City Council Agenda Monday, June 22, 2020 FOR 7-13-20: 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. If ordered published, a public hearing will be held on Monday, 7-13-20. The Committee approved filing this item at its meeting on 6-2-20. 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. If ordered published, a public hearing will be held on Monday, 7-13-20. The Committee approved filing this item at its meeting on 6-2-20. 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. If ordered published, a public hearing will be held on Monday, 7-13-20. The Committee approved filing this item at its meeting on 6-2-20. Page 13
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