City Council

City Council Minutes Meeting Date: Monday, June 27, 2022 5:30 PM PLEDGE OF ALLEGIANCE Councilmember Kashmann led the Pledge of Allegiance. LAND ACKNOWLEDGEMENT Councilmember Kashmann led the Land Acknowledgement. ROLL CALL Council members CdeBaca and Torres attended the meeting virtually. Present: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13) APPROVAL OF THE MINUTES 22-0769 Minutes of Monday, June 20, 2022 The minutes of Monday, June 20, 2022 were distributed to members of Council. Council President Gilmore ordered the minutes approved. Approved COUNCIL ANNOUNCEMENTS Council members Black, Sawyer, Kashmann and Gilmore offered announcements. PRESENTATIONS COMMUNICATIONS PROCLAMATIONS RECAP OF BILLS TO BE CALLED OUT Items called out for a separate vote: RESOLUTIONS Business, Arts, Workforce, & Aviation Services Committee 22-0706 A resolution approving a proposed Contract between the City and County of Denver and Smith Environmental and Engineering, Inc. concerning providing environmental engineering design services at Denver International Airport. Approves an on-call contract with Smith Environmental and Engineering, Inc. for $1 million and three (3) years, with two (2) one-year optional extensions, to provide environmental engineering design services at Denver International Airport in Council District 11 (202157834). The last regularly scheduled Council meeting within the 30-day review period is on 7-18-22. The Committee approved filing this item at its meeting on 6-15-22. A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, that Council Resolution 22-0706 be adopted, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Torres (12) Nay: Sawyer (1) Page 1 BLOCK VOTE A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, to approve the following items en bloc, 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 22-0765 A resolution extending the declaration of local disaster filed with the clerk and recorder to July 25, 2022. Approves the extension of the declaration of local disaster filed with the clerk and recorder to July 25, 2022. Councilmember Gilmore approved direct filing this item on 6-23-22. A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, that Council Resolution 22-0765 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 22-0692 A resolution approving the Mayor’s reappointments to the Downtown Development Authority Board of Directors. Approves the following Mayoral reappointments to the Downtown Development Authority Board of Directors: Frank Cannon and Jay Lambiotte for terms effective immediately and expiring 6-30-25 and Douglas Tisdale and Marshall Johnston for terms effective immediately and expiring 6-30-26, or until successors are duly appointed. The Committee approved filing this item at its meeting on 6-14-22. A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, that Council Resolution 22-0692 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 22-0701 A resolution approving a proposed Purchase Order between the City and County of Denver and Mechanical Products NSW, LLC for specialized HVAC upgrades at all City-owned recreation centers to help prevent the spread of Covid-19. Approves a purchase order with Mechanical Products NSW, LLC, for $852,782.70 and through 12-31-22 for specialized HVAC upgrades at all City-owned recreation centers to help prevent the spread of Covid-19 (PO-00116495). The last regularly scheduled Council meeting within the 30-day review period is on 7-18-22. The Committee approved filing this item at its meeting on 6-14-22. A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, that Council Resolution 22-0701 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) 22-0712 A resolution approving a proposed Second Amendment to Lease Agreement between the City and County of Denver and PRRC LLC to change the rent commencement date under the Lease Agreement. Amends a lease with PRRC, LLC for city owned property at 3300 Kalamath Street in Council District 1 to change the rent commencement date to the earlier of completion of parking lot improvements or 7-1-22 and changes the termination date to 6-3-2032 (FINAN-202157861-02). The last regularly scheduled Council meeting within the 30-day review period is on 7-18-22. The Committee approved filing this item at its meeting on 6-14-22. A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, that Council Resolution 22-0712 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 22-0655 A resolution approving a proposed Amendatory Agreement between the City and County of Denver and Black & Veatch Corporation to add additional work and compensation for the Sanitary Sewer Master Plan. Amends a contract with Black & Veatch Corporation to add $124,492 for a new total of $902,103 to provide additional professional engineering services for the Sanitary Sewer Master Plan, citywide. No change to contract duration (202053972-01). The last regularly scheduled Council meeting within the 30-day review period is on 7-18-22. The Committee approved filing this item at its meeting on 6-7-22. A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, that Council Resolution 22-0655 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13) Page 3 Nay: (None) (0) 22-0696 A resolution granting a revocable permit to RPAI Chestnut, LP, to encroach into the right-of-way at 2099 Chestnut Place. Grants a revocable permit, subject to certain terms and conditions, to RPAI Chestnut, LP, their successors, and assigns, to encroach into the right-of-way with a surface parking lot and electric charging stations located on the north side of 20th Street at 2099 Chestnut Place in Council District 9. The Committee approved filing this item at its meeting on 6-14-22. A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, that Council Resolution 22-0696 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) 22-0698 A resolution laying out, opening and establishing as part of the City street system a parcel of land as North University Boulevard near the intersection of North University Boulevard and East 3rd Avenue. Dedicates a parcel of land as public right-of-way as North University Boulevard, located at the intersection of North University Boulevard and East 3rd Avenue in Council District 10. The Committee approved filing this item at its meeting on 6-14-22. A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, that Council Resolution 22-0698 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) 22-0708 A resolution granting a revocable permit to RAR2 - 444 East 19th, LLC, to encroach into the right-of-way at 494 East 19th Avenue. Grants a revocable permit, subject to certain terms and conditions, to RAR2 - 444 East 19th, LLC, their successors and assigns, to encroach into the right-of-way with an enclosed patio at 494 East 19th Avenue in Council District 10. The Committee approved filing this item at its meeting on 6-14-22. A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, that Council Resolution 22-0708 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13) Nay: (None) (0) Page 4 Safety, Housing, Education & Homelessness Committee 22-0638 A resolution approving a proposed Third Amendatory Agreement between the City and County of Denver and Maple Star Colorado to provide face-to-face contact visits for children in out-of-home care. Amends a contract with Maple Star Colorado to add $189,000 for a new contract total of $667,000 and extend the term by twelve (12) months for a new end date of 6-30-23 to provide face-to-face contact visits for children in out-of-home care, as needed, to ensure children’s wellbeing and safety are met (SOCSV-2022-63346-03). The last regularly scheduled Council meeting within the 30-day review period is on 7-18-22. The Committee approved filing this item at its meeting on 6-1-22. A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, that Council Resolution 22-0638 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) 22-0677 A resolution approving a proposed Fourth Amendatory Agreement between the City and County of Denver and THRIVING FAMILIES to continue providing targeted early intervention supports to new mothers who recently had a child and are eligible for the TANF program. Amends a contract with Thriving Families to add $157,090 for a new total of $653,504 and one year for a new end date of 6-30-23 to continue providing targeted early intervention supports to new mothers who recently had a child and are eligible for Temporary Assistance for Needy Families (TANF), citywide (SOCSV-201948997-04). The last regularly scheduled Council meeting within the 30-day review period is on 7-18-22. The Committee approved filing this item at its meeting on 6-8-22. A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, that Council Resolution 22-0677 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 22-0678 A resolution approving an Amendatory Agreement between the City and County of Denver and Colorado Women’s Employment and Education, Incorporated to continue providing intensive services to assist Colorado Works Temporary Assistance for Needy Families. Amends a contract with Colorado Women’s Employment and Education, Incorporated by adding $1,035,000 for a new contract total of $1,805,000 and one year for a new end date of 6-30-23 to continue providing intensive services to assist Colorado Works (CW)/Temporary Assistance for Needy Families (TANF) participants who require support with personal and family stabilization, case management, and skills development prior to job placement, citywide (SOCSV-202159631-01, SOCSV-202262905-01). The last regularly scheduled Council meeting within the 30-day review period is on 7-18-22. The Committee approved filing this item at its meeting on 6-8-22. A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, that Council Resolution 22-0678 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) 22-0682 A resolution approving a proposed Fourth Amendatory Agreement between the City and County of Denver and FAMILY TREE to continue supporting stability and permanency of children placed in the TANF program. Amends a contract with Family Tree, Inc. to add $345,500 for a new contract total of $1,560,115 and one year for a new end date of 6-30-23 to continue supporting stability and permanency of children in the Child Only Temporary Assistance for Needy Families (TANF) /Kinship care and to divert children from the foster care system, citywide (SOCSV-201841755-04, SOCSV-202262896). The last regularly scheduled Council meeting within the 30-day review period is on 7-18-22. The Committee approved filing this item at its meeting on 6-8-22. A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, that Council Resolution 22-0682 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 22-0705 A resolution approving a proposed Contract between the City and County of Denver and Life-Line to occupy and operate the Youth Empowerment Center, located at 1240 West Bayaud Avenue. Approves a non-financial contract with Life-Line for five (5) years to occupy and operate the Youth Empowerment Center, located at 1240 West Bayaud Avenue in Council District 7, and to provide and secure programming and services focusing on youth violence prevention for youth who are experiencing high rates of violence in the community (MOEAI-202261805). The last regularly scheduled Council meeting within the 30-day review period is on 7-18-22. The Committee approved filing this item at its meeting on 6-15-22. A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, that Council Resolution 22-0705 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) 22-0718 A resolution approving a proposed Sixth Amendatory Agreement between the City and County of Denver and Roth Property Maintenance, LLC to extend the term, increase the maximum contract amount, update provisions, and to continue providing housekeeping services at non-congregate sheltering locations for persons experiencing homelessness. Amends an agreement with Roth Property Maintenance, LLC by adding $105,122 for a new total of $756,177 and six months for a new end date of 12-31-22 to continue providing housekeeping services at non-congregate sheltering locations for persons experiencing homelessness (HOST-202263206-06). The last regularly scheduled Council meeting within the 30-day review period is on 7-18-22. The Committee approved filing this item at its meeting on 6-15-22. A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, that Council Resolution 22-0718 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 22-0700 A bill for an ordinance amending the classification and pay plan for employees in the Career Service and for certain employees not in the Career Service. Amends the Classification and Pay Plan by changing the titles of the Motor Vehicle classification series and abolishing one classification. The Committee approved filing this item at its meeting on 6-14-22. Council Bill 22-0700 was ordered published Ordered published Page 7 22-0703 A bill for an ordinance approving the Second Amendment to Service Plan for the Southeast Public Improvement Metropolitan District. Amends the Service Plan for the Southeast Public Improvement Metropolitan District to authorize financing parks and recreation services in Council District 4. The Committee approved filing this item at its meeting on 6-14-22. Council Bill 22-0703 was ordered published Ordered published 22-0709 A bill for an ordinance amending Ordinance No. 1291, Series of 2021 concerning the “Transportation and Mobility” Special Revenue Fund. Amends Ordinance 21-0291 creating the Transportation and Mobility Special Revenue Fund to expand allowable revenue received into the fund and memorialize certain intended revenue sources for the fund. The Committee approved filing this item at its meeting on 6-14-22. Council Bill 22-0709 was ordered published Ordered published 22-0710 A bill for an ordinance making an appropriation in and a rescission from General Fund Contingency to make an appropriation for a cash transfer from the General Fund to the General Government Special Revenue Fund; and making appropriations in and a cash transfer from the Transportation and Mobility Fund and appropriations in the Capital Improvements and Capital Maintenances Fund. Approves an appropriation in the General Fund to make a cash transfer to the Transportation and Mobility Special Revenue Fund and a cash transfer from the Transportation and Mobility Special Revenue Fund to the Transportation and Mobility Capital projects Fund. The last regularly scheduled Council meeting within the 30-day review period is on 7-18-22. The Committee approved filing this item at its meeting on 6-14-22. Council Bill 22-0710 was ordered published Ordered published Land Use, Transportation & Infrastructure Committee 22-0582 A bill for an ordinance changing the zoning classification for 4722, 4730, 4740, 4750, and 4758 North Clay Street in Sunnyside. Approves a map amendment to rezone multiple properties from U-SU-C to U-SU-C1 (allows for an accessory dwelling unit), located at 4722-4758 North Clay Street in Council District 1. The Committee approved filing this item at its meeting on 6-14-22. Final Consideration 8-1-22 | Required Public Hearing Council Bill 22-0582 was ordered published with a future required public hearing on 8-1-22 Ordered published with a future required public hearing Page 8 22-0583 A bill for an ordinance changing the zoning classification for 4334 Lincoln Street in Globeville. Approves a map amendment to rezone property from E-SU-B to U-SU-B1 (allows for an accessory dwelling unit), located at 4334 North Lincoln Street in Council District 9. The Committee approved filing this item at its meeting on 6-7-22. Final Consideration 8-1-22 | Required Public Hearing Council Bill 22-0583 was ordered published with a future required public hearing on 8-1-22 Ordered published with a future required public hearing 22-0637 A bill for an ordinance changing the zoning classification for 4710 North Stuart 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 4710 North Stuart Street in Council District 1. The Committee approved filing this item at its meeting on 6-14-22. Final Consideration 7-25-22 | Required Public Hearing Council Bill 22-0637 was ordered published with a future required public hearing on 7-25-22 Ordered published with a future required public hearing 22-0644 A bill for an ordinance approving a proposed Intergovernmental Agreement between the City and County of Denver and The Board of County Commissioners of the County of Arapahoe for project design costs associated with the High Line Canal Trail and roadway improvement project to improve pedestrian safety. Approves an intergovernmental agreement with Arapahoe County for $967,000 and through 6-15-32 for Arapahoe County’s portion of project design costs associated with the High Line Canal Trail and roadway improvement project to improve pedestrian safety at the Yale Avenue crossing in Council District 4 (202263270). The last regularly scheduled Council meeting within the 30-day review period is on 7-18-22. The Committee approved filing this item at its meeting on 5-31-22. Council Bill 22-0644 was ordered published Ordered published 22-0654 A bill for an ordinance changing the zoning classification for 610 South Vine Street in Washington Park. Approves a map amendment to rezone property from U-SU-C to U-SU-C1 (allows for an accessory dwelling unit), located at 610 South Vine Street in Council District 6. The Committee approved filing this item at its meeting on 6-7-22. Final Consideration 8-1-22 | Required Public Hearing Council Bill 22-0654 was ordered published with a future required public hearing on 8-1-22 Ordered published with a future required public hearing Page 9 22-0694 A bill for an ordinance changing the zoning classification for 5101 Leetsdale Drive in Washington Virginia Vale. Approves a map amendment to rezone property from PUD 436 to E-TU-B (planned development to urban edge) located at 5101 Leetsdale Drive in Council District 5. The Committee approved filing this item at its meeting on 6-21-22. Final Consideration 7-25-22 | Required Public Hearing Council Bill 22-0694 was ordered published with a future required public hearing on 7-25-22 Ordered published with a future required public hearing 22-0697 A bill for an ordinance relinquishing an easement, in its entirety, established in the Permanent Easement for Right of Way Area recorded with Denver Clerk & Recorder at Reception No. 2020066025 located at 3756 North Federal Boulevard. Relinquishes the permanent easement in its entirety as established in the Permanent Easement for Right-of-Way Area with Recordation No. 2020066025, located at 3756 North Federal Boulevard in Council District 1. The last regularly scheduled Council meeting within the 30-day review period is on 7-18-22. The Committee approved filing this item at its meeting on 6-14-22. Council Bill 22-0697 was ordered published Ordered published Safety, Housing, Education & Homelessness Committee 22-0711 A bill for an ordinance approving a proposed Second Amendatory Agreement between the City and County of Denver and University of Colorado Hospital Authority, to provide services to individuals living with HIV/AIDS in the Denver Transitional Grant Area. Amends an intergovernmental agreement with University of Colorado Hospital Authority (UCHA) by adding $324,700 for a new total of $1,425,314 and one year for a new end date of 2-28-23 for medical case management, mental health, substance abuse outpatient care, outpatient/ambulatory health and early intervention services to individuals living with HIV/AIDS in the Denver Transitional Grant Area, citywide (202262927-02). The last regularly scheduled Council meeting within the 30-day review period is on 7-18-22. The Committee approved filing this item at its meeting on 6-15-22. Council Bill 22-0711 was ordered published Ordered published Page 10 BILLS FOR FINAL CONSIDERATION Finance & Governance Committee 22-0577 A bill for an ordinance exempting diapers and incontinence products from the collection of sales and use tax in the City and County of Denver. Exempts certain products from sales tax. The Committee approved filing this item at its meeting on 5-31-22. A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, that Council Bill 22-0577 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) 22-0631 A bill for ordinance amending the classification and pay plan for employees in the Career Service and for certain employees not in the Career Service. Amends the Classification and Pay Plan by creating the new classification of Contract Administrator Senior and changing the pay grade of Contract Administration Supervisor. The Committee approved filing this item at its meeting on 5-31-22. A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, that Council Bill 22-0631 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) 22-0633 A bill for an ordinance amending the classification and pay plan for employees in the Career Service and for certain employees not in the Career Service. Amends the Classification and Pay Plan by changing the pay grades and ranges of the Landside Services classification series. The Committee approved filing this item at its meeting on 5-31-22. A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, that Council Bill 22-0633 be placed upon final consideration and do pass en bloc, carried by the following vote: Placed upon final consideration and do pass Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13) Nay: (None) (0) Page 11 22-0634 A bill for an ordinance establishing a new Capital Fund in the Grant and Other Money Projects Fund Series for the “High Line Canal/Yale Avenue Improvements Fund” and authorizing appropriations in the new fund. Creates a new capital improvement fund, High Line Canal/Yale Avenue Improvements (38433), within the Grant and Other Money Projects Fund Series, and making appropriations in the new Fund for revenue and expenditures related to an intergovernmental agreement for improvements to Yale Avenue and the High Line Canal Trail. The Committee approved filing this item at its meeting on 5-31-22. A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, that Council Bill 22-0634 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) 22-0642 A bill for an ordinance authorizing expenditures in the General Government Special Revenue Fund based on a letter of intent from the Colorado Division of Homeland Security and Emergency Management to fund the City and County of Denver for the “2022 Emergency Management Performance Grant” program. Appropriates 50% of a grant award, or $44,864, through 12-31-22, based on the Letter of Intent from the Colorado Division of Homeland Security, for an estimated full award of $89,728 for the 2022 Emergency Management Performance Grant, citywide. The Committee approved filing this item at its meeting on 5-31-22. A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, that Council Bill 22-0642 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) 22-0643 A bill for an ordinance authorizing expenditures in the General Government Special Revenue Fund based on a letter of intent from the United States Department of Homeland Security to fund the City and County of Denver for the “2022 Securing the Cities” program. Appropriates 50% of a grant award, or $475,000, through FY2022, based on the Letter of Intent from the United States Department of Homeland Security, for an estimated full award of $950,000 for the Securing the Cities Grant to help protect the City from radiological or nuclear threats, citywide. The Committee approved filing this item at its meeting on 5-31-22. A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, that Council Bill 22-0643 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) Page 12 Nay: (None) (0) 22-0656 A bill for an ordinance referring a question to the ballot at the November 8, 2022 coordinated election concerning the retention and continuation of the 0.25% sales and use tax increase to provide funding for Climate Action, as originally approved by the voters at the November 3, 2020 election. Refers a question to the November 2022 ballot to allow the City to retain and spend revenues from the increase in sales and use tax dedicated for the Climate Protection Fund Program previously approved by the voters and to continue to impose and collect the tax per the original voter approval. The Committee approved filing this item at its meeting on 6-7-22. A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, that Council Bill 22-0656 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) 22-0657 A bill for an ordinance referring a question to the ballot at the November 8, 2022 coordinated election concerning the retention and continuation of the 0.25% sales and use tax increase to provide funding for Homelessness Resolution, as originally approved by the voters at the November 3, 2020 election. Refers a question to the November 2022 ballot to allow the City to retain and spend revenues from the increase in sales and use tax dedicated for the Homelessness Resolution Program previously approved by the voters and to continue to impose and collect the tax per the original voter approval. The Committee approved filing this item at its meeting on 6-7-22. A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, that Council Bill 22-0657 be placed upon final consideration and do pass en bloc, carried by the following vote: Placed upon final consideration and do pass Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13) Nay: (None) (0) Page 13 22-0659 A bill for an ordinance establishing a new Fund in the Community Development Special Revenue Fund Series for the “SIPPRA City Share” program and authorizing a cash transfer from the “Social Impact Bond Special Revenue Fund.” Establishes a new “SIPPRA City Share” Special Revenue Fund in the Community Development Special Revenue Fund Series to administer the City’s share of funding related to the Social Impact Partnerships to Pay for Results Act or “SIPPRA” Housing to Health program and authorizes a cash transfer from the Social Impact Bond Special Revenue Fund to the new SIPPRA City Share Fund. The Committee approved filing this item at its meeting on 6-7-22. A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, that Council Bill 22-0659 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) 22-0660 A bill for an ordinance establishing a new Fund in the Community Development Special Revenue Fund Series to receive and administer “Community Development State Grants” programs. Establishes the “Community Development State Grants Fund” in the Community Development Special Revenue Fund Series to receive and administer grants from the State of Colorado. The Committee approved filing this item at its meeting on 6-7-22. A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, that Council Bill 22-0660 be placed upon final consideration and do pass en bloc, carried by the following vote: Placed upon final consideration and do pass Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13) Nay: (None) (0) Page 14 Land Use, Transportation & Infrastructure Committee 22-0645 A bill for an ordinance approving a proposed Intergovernmental Agreement between the City and County of Denver and University of Colorado Denver to provide on-call technical services for studies, inspections, assessments, project management, analysis, research, and general engineering-related activities. Approves an intergovernmental agreement with University of Colorado Denver for $2 million and three (3) years to provide on-call technical services for studies, inspections, assessments, project management, analysis, research, and general engineering-related activities in support of the Department of Transportation and Infrastructure, citywide (202262800). The Committee approved filing this item at its meeting on 5-31-22. A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, that Council Bill 22-0645 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) 22-0667 A bill for an ordinance approving a proposed Third Amendatory Agreement between the City and County of Denver and Denver and Urban Drainage and Flood Control District, doing business as Mile High Flood District, for trail and flood control improvements for the South Platte River. Amends an intergovernmental agreement with Urban Drainage and Flood Control District, doing business as Mile High Flood District, for the City to add $1,400,000 for a new total of $4,420,570, for trail and flood control improvements for the South Platte River near Florida Avenue in Council District 7. No change to agreement duration (202053889/ 202161003/ 202262792). The last regularly scheduled Council meeting within the 30-day review period is on 7-11-22. The Committee approved filing this item at its meeting on 6-7-22. A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, that Council Bill 22-0667 be placed upon final consideration and do pass en bloc, carried by the following vote: Placed upon final consideration and do pass Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13) Nay: (None) (0) Page 15 Safety, Housing, Education & Homelessness Committee 22-0556 A bill for an ordinance approving a proposed Second Amendatory Agreement between the City and County of Denver and Denver Health and Hospital Authority, to provide services to individuals living with HIV/AIDS in the Denver Transitional Grant Area. Amends an intergovernmental agreement with Denver Health and Hospital Authority by adding $365,623 for a new total of $1,472,794 and one year for a new end date of 2-28-2023, and amending various contract exhibits, including the statement of work and the standards established for the services to be completed, to provide care, treatment, and supportive services to individuals living with HIV/AIDS in the Denver Transitional Grant Area, citywide (ENVHL-202262885-02). The last regularly scheduled Council meeting within the 30-day review period is on 7-11-22. The Committee approved filing this item at its meeting on 5-18-22. A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, that Council Bill 22-0556 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 courtesy public hearing on Council Bill 22-0685, amending Chapter 48 of the Revised Municipal Code of the City and County of Denver to repeal the fee on composting and implement a volume-based pricing system for trash, including recycling and composting services at no extra charge, to facilitate improved waste diversion and its related environmental benefits. Anyone wishing to speak on this matter must go online to sign up during the recess of Council. RECESS Council took a recess. COUNCIL RECONVENES AND RESUMES ITS REGULAR SESSION PUBLIC HEARINGS - BILLS FOR FINAL CONSIDERATION Land Use, Transportation & Infrastructure Committee 22-0685 A bill for an ordinance amending Chapter 48 of the Revised Municipal Code of the City and County of Denver to repeal the fee on composting and implement a volume-based pricing system for trash, including recycling and composting services at no extra charge, to facilitate improved waste diversion and its related environmental benefits. Amends Chapter 48 of the Denver Revised Municipal Code to repeal the fee on composting and implement a volume-based pricing system for trash, including recycling and composting services at no extra charge, to facilitate improved waste diversion and its related environmental benefits. The Committee approved filing this item at its meeting on 6-7-22. Council Bill 22-0685 was placed upon final consideration and do pass Placed upon final consideration and do pass Page 16 A motion offered by Councilmember Kashmann, duly seconded by Councilmember Hinds, that Council Bill 22-0685 be placed upon final consideration and do pass, was followed by a motion offered by Councilmember Kashmann, duly seconded by Councilmember Kniech, that Council Bill 22-0685 be amended in the following particulars: 1. On page 9, line 27, strike “Section 8. Reporting. The manager of transportation and infrastructure shall report in writing to city council by February 1, 2025, and every two years thereafter, regarding the operation of the program.” and replace with “Section 8. A new Section 49 of Chapter 48 of the Denver Revised Municipal Code shall be created by adding the language as follows: Sec. 48-49. – Reporting. The manager of transportation and infrastructure shall report in writing to city council by February 1, 2025, and every two years thereafter, regarding the operation of the program.” to codify the reporting requirement. The motion to amend carried by the following vote: Amended Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13) Nay: (None) (0) A motion offered by Councilmember Ortega, duly seconded by Councilmember Flynn, that Council Bill 22-0685 be amended in the following particulars: 1. On page 6, line 6, after the word “article” strike “.”and add “, if the adjustment results in an increase that is less than, or equal to, five percent (5%) of the fee. If the adjustment proposed by the manager results in an increase that is greater than five percent (5%) of the fee, City Council approval via ordinance shall be required.” to limit the authority of the manager to increase fees beyond five percent (5%), and instead would require City Council approval for any increase exceeding five (5%). For example, based on the fees in 48-42.5(b), an increase exceeding $0.46 per month on the smallest bin or $1.06 per month for the largest bin would require City Council approval. The motion to amend failed to carry by the following vote: Amended Aye: Flynn, Gilmore, Kashmann, Ortega, Torres (5) Nay: Black, CdeBaca, Clark, Herndon, Hinds, Kniech, Sandoval, Sawyer (8) A motion offered by Councilmember Flynn, duly seconded by Councilmember Ortega, that Council Bill 22-0685 be amended in the following particulars: 1) On page 9, line 32, strike “January” and replace with “October”. to back the effective date to October 2023 to give DOTI more time to staff up and provide the level of service that currently is absent, and which is the source of numerous delays in meeting the current schedule. The motion to amend failed to carry by the following vote: Amended Aye: CdeBaca, Flynn, Gilmore, Ortega (4) Nay: Black, Clark, Herndon, Hinds, Kashmann, Kniech, Sandoval, Sawyer, Torres (9) Page 17 A motion offered by Councilmember CdeBaca, duly seconded by Councilmember Ortega, that Council Bill 22-0685 be amended in the following particulars: 1. On page 7, line 27, after “customers.” add “Such rules and regulations shall provide for a full and automatic rebate to any owner or occupant of eligible property located in a neighborhood identified as “At Risk – Susceptible to Gentrification” in the 2016 study conducted by the Denver Economic Development & Opportunity (DEDO) agency entitled “Gentrification Study: Mitigating Involuntary Displacement,” if the owner purchased such property prior to 2013. The motion to amend failed to carry by the following vote: Amended Aye: CdeBaca, Flynn, Ortega (3) Nay: Black, Clark, Gilmore, Herndon, Hinds, Kashmann, Kniech, Sandoval, Sawyer, Torres (10) Council sat as a Committee of the Whole, commencing at 6:12 p.m., to hear speakers on Council Bill 22-0685. Kevin Matthews, Ryan Call, Brian Loma, Taylor Reimann, Madeleine Senger, Muhammad Khan, Sonya Hansen, Dana Miller, Adam Meltzer, Vann Fussell, Nick Campion, Katrina Karczewski, Beth Birchfield, Alex Truelove, Sheri Shelton-Butler, Evelyn Ritter, Nina Waysdorf, Sebastian Andrews, Kourtney Ziercher, Elizabeta Stacishin, Brandy Moe, Adam Estroff, Anna Burrell, Claire Sanford, Hanna Huling, Luchia Brown, Jesse Parris and Brandy Majors signed up to speak in favor of the bill. Lawrence Murray, Margaret Atencio, Rosario C De Baca, Clare Harris and Robert Bailey signed up to speak in opposition of the bill. Jessica Lally of the Department of Transportation and Infrastructure delivered the staff report. A motion offered by Councilmember Kniech, duly seconded by Councilmember Hinds, that Council Bill 22-0685 be placed upon final consideration and do pass as amended, carried by the following vote: Placed upon final consideration and do pass as amended Aye: Black, Clark, Hinds, Kashmann, Kniech, Sandoval, Sawyer, Torres (8) Nay: CdeBaca, Flynn, Gilmore, Herndon, Ortega (5) PRE-ADJOURNMENT ANNOUNCEMENT Council President Gilmore announced that on Monday, July 25, 2022, Council will hold a required public hearing on Council Bill 22-0637, changing the zoning classification for 4710 North Stuart Street in Berkeley; and, a required public hearing on Council Bill 22-0694, changing the zoning classification for 5101 Leetsdale Drive in Washington Virginia Vale. On Monday, August 1, 2022, Council will hold a required public hearing on Council Bill 22-0582, changing the zoning classification for 4722, 4730, 4740, 4750, and 4758 North Clay Street in Sunnyside; a required public hearing on Council Bill 22-0583, changing the zoning classification for 4334 Lincoln Street in Globeville; and, a required public hearing on Council Bill 22-0654, changing the zoning classification for 610 South Vine Street in Washington Park. Any protests against Council Bills 22-0637 or 22-0694 must be filed with the Council Offices no later than noon on Monday, July 18, 2022. Any protests against Council Bills 22-0582, 22-0583 or 22-0654 must be filed with the Council Offices no later than noon on Monday, July 25, 2022. Page 18 ADJOURN There being no further business before the City Council, Council President Gilmore adjourned the meeting at 10:29 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 19