City Council

City Council Minutes Meeting Date: Monday, February 1, 2021 5:30 PM PLEDGE OF ALLEGIANCE Councilmember Clark led the Pledge of Allegiance. LAND ACKNOWLEDGEMENT Councilmember Clark led the Land Acknowledgement. ROLL CALL Present: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13) APPROVAL OF THE MINUTES 21-0103 Minutes of Monday, January 25, 2021 The minutes of Monday, January 25, 2021 were distributed to members of Council. Council President Gilmore ordered the minutes approved. Council Minutes 21-0103 were approved. Approved COUNCIL ANNOUNCEMENTS Council members Black, Sandoval, CdeBaca, Ortega and Gilmore offered announcements. PRESENTATIONS COMMUNICATIONS PROCLAMATIONS 21-0114 A proclamation recognizing the extraordinary career and retirement of Lesley Thomas. A motion offered by Councilmember Black, duly seconded by Councilmember Herndon, that Council Proclamation 21-0114 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) RECAP OF BILLS TO BE CALLED OUT No items were called out for a separate vote. BLOCK VOTE A motion offered by Councilmember Clark, 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) Page 1 Nay: (None) (0) PROCLAMATIONS 21-0115 A proclamation recognizing the life and legacy of Dr. Herman A. Motz. A motion offered by Councilmember Clark, duly seconded by Councilmember Herndon, that Council Proclamation 21-0115 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) 21-0116 A proclamation recognizing the service of Jeff Dorschner to the people of the City of Denver. A motion offered by Councilmember Clark, duly seconded by Councilmember Herndon, that Council Proclamation 21-0116 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) RESOLUTIONS Finance & Governance Committee 21-0028 A resolution approving a proposed Amendment to Master Purchase Order between the City and County of Denver and Pearson & Pearson, Inc. d/b/a Front Range Wholesale Restaurant Supplies, Inc. for the purchase of grocery items for the Denver Sheriff Department. Amends a master purchase order with Pearson and Pearson, doing business as Front Range Wholesale, by adding $1.2 million for a new total of $9.2 million and one year for a new end date of 3-15-22 for grocery items for the Denver Sheriff Department (SC-00000156). The last regularly scheduled Council meeting within the 30-day review period is on 3-22-21. The Committee approved filing this item at its meeting on 1-19-21. A motion offered by Councilmember Clark, duly seconded by Councilmember Herndon, that Council Resolution 21-0028 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 2 21-0030 A resolution approving the Mayor’s reappointment to the Downtown Denver Business Improvement Board of Directors. Approves the Mayoral reappointment of Sandrena Robinson to the Downtown Denver Business Improvement District Board of Directors for a term effective immediately and expiring 12-31-23 or until a successor is duly appointed. The Committee approved filing this item at its meeting on 1-19-21. A motion offered by Councilmember Clark, duly seconded by Councilmember Herndon, that Council Resolution 21-0030 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) 21-0031 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: Sean Huggard for a term effective immediately and expiring 12-31-21 or until a successor is duly appointed and Jennifer Anderson for a term effective immediately and expiring 12-31-23 or until a successor is duly appointed. The Committee approved filing this item at its meeting on 1-19-21. A motion offered by Councilmember Clark, duly seconded by Councilmember Herndon, that Council Resolution 21-0031 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) 21-0032 A resolution approving the Mayor’s reappointment to the Board of Public Health and Environment. Approves they Mayoral reappointment of Alisha Brown to the Board of Public Health and Environment for a term effective immediately and expiring 12-31-25 or until a successor is duly appointed. The Committee approved filing this item at its meeting on 1-19-21. A motion offered by Councilmember Clark, duly seconded by Councilmember Herndon, that Council Resolution 21-0032 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 21-0045 A resolution approving the City Council reappointment of Molly Gallegos to the Citizen Oversight Board. Approving the City Council reappointment of Molly Gallegos to the Citizen Oversight Board. The Committee approved filing this item at its meeting on 1-19-21. A motion offered by Councilmember Clark, duly seconded by Councilmember Herndon, that Council Resolution 21-0045 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) Land Use, Transportation & Infrastructure Committee 20-1391 A resolution approving a proposed Department of Parks and Recreation Housing Agreement between the City and County of Denver and Matthew Brown to allow for the occupancy in a residential property owned by the City located in Golden, CO as part of the Employee's compensation in exchange for performing employment duties. Approves a housing agreement with City Employee Matthew Brown through 12-31-23 to allow for the occupancy in a residential property owned by the City located in Golden, CO as part of the Employee’s compensation in exchange for performing employment duties (202056735). The last regularly scheduled Council meeting within the 30-day review period is on 3-22-21. The Committee approved filing this item at its meeting on 11-24-20. A motion offered by Councilmember Clark, duly seconded by Councilmember Herndon, that Council Resolution 20-1391 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) 20-1474 A resolution approving a proposed Contract between the City and County of Denver and Keene Concrete, Inc. for on-call construction services on City infrastructure, citywide. Approves a contract with Keene Concrete, Inc. for $5 million and for three years for on-call construction services on City infrastructure, citywide (202056841). The last regularly scheduled Council meeting within the 30-day review period is on 3-22-21. The Committee approved filing this item at its meeting on 12-15-20. A motion offered by Councilmember Clark, duly seconded by Councilmember Herndon, that Council Resolution 20-1474 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 20-1475 A resolution approving a proposed Contract between the City and County of Denver and Sky Blue Builders, LLC for on-call construction services on City infrastructure, citywide. Approves a contract with Sky Blue Builders, LLC for $5 million and for three years for on-call construction services on City infrastructure, citywide (202056842). The last regularly scheduled Council meeting within the 30-day review period is on 3-22-21. The Committee approved filing this item at its meeting on 12-15-20. A motion offered by Councilmember Clark, duly seconded by Councilmember Herndon, that Council Resolution 20-1475 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) 20-1476 A resolution approving a proposed Contract between the City and County of Denver and Premier Services, Inc. for on-call construction services on City infrastructure, citywide. Approves a contract with Premier Services, Inc. for $5 million and for three years for on-call construction services on City infrastructure, citywide (202056843). The last regularly scheduled Council meeting within the 30-day review period is on 3-22-21. The Committee approved filing this item at its meeting on 12-15-20. A motion offered by Councilmember Clark, duly seconded by Councilmember Herndon, that Council Resolution 20-1476 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) 21-0016 A resolution approving a proposed Contract between the City and County of Denver and SEMA Construction, Inc. to rehabilitate the bridge viaduct on 48th Avenue over the UPRR, BNSF, and RTD commuter rails in Council Districts 1 and 9. Approves a contract with SEMA Construction, Inc. for $2,799,992.61 and for 180 days to rehabilitate the bridge viaduct on 48th Avenue over the UPRR, BNSF, and RTD commuter rails in Council Districts 1 and 9 (202056263). The last regularly scheduled Council meeting within the 30-day review period is on 3-22-21. The Committee approved filing this item at its meeting on 1-12-21. A motion offered by Councilmember Clark, duly seconded by Councilmember Herndon, that Council Resolution 21-0016 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 21-0034 A resolution laying out, opening and establishing as part of the City street system a parcel of land as South Holly Street near the intersection of East Asbury Avenue and South Holly Street. Dedicates a parcel of land as public right of way as South Holly Street, located at the intersection of East Asbury Avenue and South Holly Street in Council District 6. The Committee approved filing this item at its meeting on 1-12-21. A motion offered by Councilmember Clark, duly seconded by Councilmember Herndon, that Council Resolution 21-0034 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) 21-0035 A resolution accepting and approving the plat of Broadway Station Filing No. 2. Approves a subdivision plat for Broadway Station Filing No. 2, located between West Mississippi Avenue and West Kentucky Avenue, and South Broadway and South Bannock Way in Council District 7. The Committee approved filing this item at its meeting on 1-12-21. A motion offered by Councilmember Clark, duly seconded by Councilmember Herndon, that Council Resolution 21-0035 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) 21-0036 A resolution approving a proposed Contract between the City and County of Denver and Hamilton Construction Co. for rehabilitation work on the Park Avenue Viaduct structure as part of the Elevate Denver Bond program in Council District 9. Approves a contract with Hamilton Construction Co. for $13,603,283.80 and for 600 days for rehabilitation work on the Park Avenue Viaduct structure as part of the Elevate Denver Bond program in Council District 9 (202056173). The last regularly scheduled Council meeting within the 30-day review period is on 3-22-21. The Committee approved filing this item at its meeting on 1-19-21. A motion offered by Councilmember Clark, duly seconded by Councilmember Herndon, that Council Resolution 21-0036 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 21-0042 A resolution approving a proposed Fourth Amendatory Agreement between the City and County of Denver and Acme Tree Service, Inc. to extend the term. Amends a contract with Acme Tree Service, Inc. by adding three months for a new end date of 3-31-21 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; 202057203). The last regularly scheduled Council meeting within the 30-day review period is on 3-22-21. The Committee approved filing this item at its meeting on 1-19-21. A motion offered by Councilmember Clark, duly seconded by Councilmember Herndon, that Council Resolution 21-0042 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) 21-0043 A resolution approving a proposed Fourth Amendatory Agreement between the City and County of Denver and Root Tree Service, LLC to extend the term. Amends a contract with Root Tree Service, LLC by adding three months for a new end date of 3-31-21 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 (201735111; 202057258). The last regularly scheduled Council meeting within the 30-day review period is on 3-22-21. The Committee approved filing this item at its meeting on 1-19-21. A motion offered by Councilmember Clark, duly seconded by Councilmember Herndon, that Council Resolution 21-0043 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 21-0040 A resolution approving a proposed Revival and Second Amendatory Agreement between the City and County of Denver and Stadium Medical, Inc. to provide ambulance and paramedic support for the auxiliary shelters during the COVID-19 pandemic. Amends a contract with Stadium Medical, Inc. by adding $477,840 for a new total of $1,390,770 and six months for a new end date of 6-30-21 to provide ambulance and paramedic support for the auxiliary shelters during the COVID-19 pandemic (202054458; HOST-202055396-02). The last regularly scheduled Council meeting within the 30-day review period is on 2-22-21. The Committee approved filing this item at its meeting on 1-20-21. A motion offered by Councilmember Clark, duly seconded by Councilmember Herndon, that Council Resolution 21-0040 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 21-0039 A bill for an ordinance making a rescission from and an appropriation in the Parks, Trails, and Open Space Special Revenue Fund; transferring cash to the Parks, Trails, and Open Space Capital Improvement Fund; and authorizing an appropriation in the Parks, Trails, and Open Space Capital Improvement Fund. Transfers $1,750,000 from the Parks, Trails and Open Space Operating Special Revenue Fund 15828 into the Parks, Trails, and Open Space Capital Improvement Fund 36050 and appropriates the transferred amount to be utilized for the land acquisition of properties along Sand Creek. The Committee approved filing this item at its meeting on 1-19-21. Council Bill 21-0039 was ordered published Ordered published Land Use, Transportation & Infrastructure Committee 21-0015 A bill for an ordinance changing the zoning classification for 1570, 1580, 1586, 1596 West Bayaud Avenue in Valverde. Approves a map amendment to rezone property from PUD 275 to E-TU-B (planned development to urban edge, two-unit), located at 1570, 1580, 1586, and 1596 West Bayaud Avenue in Council District 7. The Committee approved filing this item at its meeting on 1-12-21. Council Bill 21-0015 was ordered published with a future required public hearing on 3-1-21 Ordered published with a future required public hearing Page 8 21-0017 A bill for an ordinance changing the zoning classification for 1501 South Acoma Street in Overland. Approves a map amendment to rezone property from I-A, UO-2 to I-MX-5, UO-2 (industrial to industrial mixed-use), located at 1501 South Acoma Street in Council District 7. The Committee approved filing this item at its meeting on 1-12-21. Council Bill 21-0017 was ordered published with a future required public hearing on 3-1-21 Ordered published with a future required public hearing 21-0038 A bill for an ordinance approving a proposed Contract between the City and County of Denver and Colorado Department of Transportation, to perform all maintenance services for certain State Highway System locations within the City's local jurisdiction. Approves an intergovernmental agreement with the Colorado Department of Transportation for $3,750,000 of State funds and through 6-30-26 for the City to perform all maintenance services for certain State Highway System locations within the City’s local jurisdiction (202057321). The last regularly scheduled Council meeting within the 30-day review period is on 3-22-21. The Committee approved filing this item at its meeting on 1-12-21. Council Bill 21-0038 was ordered published Ordered published BILLS FOR FINAL CONSIDERATION Finance & Governance Committee 21-0018 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 for multiple small impact changes, provisionally approved by the Office of Human Resources Executive Director for the period of July 2020 through December 2020. The Committee approved filing this item at its meeting on 1-12-21. A motion offered by Councilmember Clark, duly seconded by Councilmember Herndon, that Council Bill 21-0018 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 Council President Gilmore announced that tonight, there will be a required public hearing on Council Bill 20-1457, changing the zoning classification for 4680 North Quitman Street in Berkeley; a required public hearing on Council Bill 20-1471, changing the zoning classification for 3217 East Yale Way in University Park; and, a required public hearing on Council Bill 20-1477, changing the zoning classification for 4144 North Hooker Street in Berkeley. Anyone wishing to speak on any of these matters must go online to sign up during the recess of Council. Page 9 RECESS Council took a recess. COUNCIL RECONVENES AND RESUMES ITS REGULAR SESSION PUBLIC HEARINGS - BILLS FOR FINAL CONSIDERATION Land Use, Transportation & Infrastructure Committee 20-1457 A bill for an ordinance changing the zoning classification for 4680 North Quitman Street in Berkeley. Approves a map amendment to rezone property from U-SU-C to U-SU-C1, located at 4680 Quitman Street in Council District 1. The Committee approved filing this item at its meeting on 12-15-20. Council sat as a Committee of the Whole, commencing at 6:05 p.m., to hear speakers on Council Bill 20-1457. Jesse Parris, David Hagan and Tess Dougherty signed up to speak in favor of the bill. No speakers signed up to speak in opposition of the bill. Fran Penafiel of Community Planning and Development delivered the staff report. A motion offered by Councilmember Clark, duly seconded by Councilmember Herndon, that Council Bill 20-1457 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, Ortega, Sandoval, Sawyer, Torres (13) Nay: (None) (0) 20-1471 A bill for an ordinance changing the zoning classification for 3217 East Yale Way in University Park. Approves a map amendment to rezone property from E-SU-D to E-SU-D1 (allows for an accessory dwelling unit), located at 3217 East Yale Way in Council District 6. The Committee approved filing this item at its meeting on 12-15-20. Council sat as a Committee of the Whole, commencing at 6:22 p.m., Council President Gilmore presiding, to hear speakers on Council Bill 20-1471. Jesse Parris signed up to speak in favor of the bill. No speakers signed up to speak in opposition of the bill. Libby Kaiser of Community Planning and Development delivered the staff report. A motion offered by Councilmember Clark, duly seconded by Councilmember Hinds, that Council Bill 20-1471 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, Ortega, Sandoval, Sawyer, Torres (13) Nay: (None) (0) Page 10 20-1477 A bill for an ordinance changing the zoning classification for 4144 North Hooker Street in Berkeley. Approves a map amendment to rezone property from U-SU-C to U-SU-C1 (allows for an accessory dwelling unit), located at 4144 Hooker Street in Council District 1. The Committee approved filing this item at its meeting on 12-15-20. Council sat as a Committee of the Whole, commencing at 6:41 p.m., Council President Gilmore presiding, to hear speakers on Council Bill 20-1477. Christine Roe, Jesse Parris and Tess Dougherty signed up to speak in favor of the bill. No speakers signed up to speak in opposition of the bill. Libbie Adams of Community Planning and Development delivered the staff report. A motion offered by Councilmember Clark, duly seconded by Councilmember Herndon, that Council Bill 20-1477 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, Ortega, Sandoval, Sawyer, Torres (13) Nay: (None) (0) PRE-ADJOURNMENT ANNOUNCEMENT Council President Gilmore announced that on Monday, March 1, 2021, Council will hold a required public hearing on Council Bill 21-0015, changing the zoning classification for 1570, 1580, 1586, 1596 West Bayaud Avenue in Valverde; and, a required public hearing on Council Bill 21-0017, changing the zoning classification for 1501 South Acoma Street in Overland. Any protests against Council Bills 21-0015 or 21-0017 must be filed with the Council Offices no later than noon on Monday, February 22, 2021. Page 11 ADJOURN There being no further business before the City Council, Council President Gilmore adjourned the meeting at 6:58 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