City Council
Regular MeetingDenver, CO · January 30, 2023
Minutes
City Council Minutes
Meeting Date: Monday, January 30, 2023 3:30 PM
PLEDGE OF ALLEGIANCE
Council member Flynn led the Pledge of Allegiance.
LAND ACKNOWLEDGEMENT
Council member Flynn led the Land Acknowledgement.
ROLL CALL
Council members CdeBaca, Herndon, and Hinds attended the meeting virtually.
Present: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
APPROVAL OF THE MINUTES
The minutes of Monday, January 23, 2023 were distributed to members of Council.
Council President Torres ordered the minutes approved.
23-0092 Minutes of Monday, January 23, 2023
Council Minutes 23-0092 were approved.
Approved
COUNCIL ANNOUNCEMENTS
Council member Sawyer offered announcements.
PRESENTATIONS
COMMUNICATIONS
Block Vote
A motion offered by Councilmember Flynn, duly seconded by Councilmember
Gilmore, 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)
PROCLAMATIONS
23-0093 Recognizing the service of Deputy Sheriff Sheldon Marr
A motion offered by Councilmember Flynn, duly seconded by Councilmember
Gilmore, that Council Proclamation 23-0093 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 1
RESOLUTIONS
Business, Arts, Workforce, & Aviation Services Committee
23-0046 A resolution approving a proposed Amendatory Loan Agreement
between the City and County of Denver and Montbello Organizing
Committee, to extend the Term of the Loan, to revise Exhibit A, and to allow
for the transfer of the property securing the loan to an affiliate.
Amends a loan agreement with the Montbello Organizing Committee by adding two
years for a new end date of nine years from the completion of construction on the
FreshLo facility, to remove “cultural hub” and “grocery store” from Exhibit A and to
allow for the future transfer of the property located at 4690 Peoria Street in Council
District 8 to an affiliate. No change in loan amount (OEDEV-202054444/ 202366331).
The last regularly scheduled Council meeting within the 30-day review period is on
2-21-2023. The Committee approved filing this item at its meeting on 1-18-2023.
A motion offered by Councilmember Flynn, duly seconded by Councilmember
Gilmore, that Council Resolution 23-0046 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)
23-0047 A resolution approving and providing for the execution of a
proposed Grant Agreement between the City and County of Denver and the
United States of America Department of Commerce concerning the “Build
to Scale Grant” program and the funding therefor.
Approves a grant agreement with the United States Department of
Commerce - Economic Development Administration for $1,545,130 and
through 10-31-2025, as part of the Build to Scale Grant, for the city to work
with multiple partners to deliver TechUp, an entrepreneurial hub providing
technical support and other resources to technology entrepreneurs, with a
focus on entrepreneurs who are Black, Indigenous, and people of color
(BIPOC), citywide (OEDEV-202265435). The last regularly scheduled Council
meeting within the 30-day review period is on 2-21-2023. The Committee
approved filing this item at its meeting on 1-18-2023.
A motion offered by Councilmember Flynn, duly seconded by Councilmember
Gilmore, that Council Resolution 23-0047 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
23-0048 A resolution approving a proposed First Amendment between the
City and County of Denver and Hensel Phelps Construction Company,
concerning continuation of providing mechanical services for the Central
Utility Plant, Main Terminal, airport office buildings and concourses at
Denver International Airport.
Amends a contract with Hensel Phelps Construction Company by adding $1,500,000
for a new total of $2,700,000 and one-year for a new end date of 12-31-2023 to
continue providing mechanical services for the Central Utility Plant, Main Terminal,
airport office buildings and concourses at Denver International Airport in Council
District 11 (201843835/ PLANE-202263304-01). The last regularly scheduled Council
meeting within the 30-day review period is on 2-21-2023. The Committee approved
filing this item at its meeting on 1-18-2023.
A motion offered by Councilmember Flynn, duly seconded by Councilmember
Gilmore, that Council Resolution 23-0048 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)
23-0049 A resolution approving a proposed First Amendment between the
City and County of Denver and United Airlines, Inc., concerning a space
lease agreement at Denver International Airport.
Amends a space lease agreement with United Airlines, Inc. for rates and charges to
add 170,559 square feet to be used for deicing truck and other ground service
equipment parking and storage at Denver International Airport in Council District 11.
No change to lease duration (XC 2X020/ PLANE-202262054). The last regularly
scheduled Council meeting within the 30-day review period is on 2-21-2023. The
Committee approved filing this item at its meeting on 1-18-2023.
A motion offered by Councilmember Flynn, duly seconded by Councilmember
Gilmore, that Council Resolution 23-0049 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
23-0050 A resolution approving a proposed Contract between the City and
County of Denver and OTG DEN Venture, LLC, concerning operating and
managing food and beverage concessions on Concourse B at Denver
International Airport.
Approves a contract with OTG DEN Venture, LLC for rates and charges and 10 years
from construction completion date to operate and manage food and beverage
concessions on Concourse B at Denver International Airport in Council District 11
(PLANE-202161603). The last regularly scheduled Council meeting within the 30-day
review period is on 2-21-2023. The Committee approved filing this item at its
meeting on 1-18-2023.
A motion offered by Councilmember Flynn, duly seconded by Councilmember
Gilmore, that Council Resolution 23-0050 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
23-0027 A resolution approving the Mayor’s reappointments and
appointment to the Denver Public Health and Environment Board of
Directors.
Approves the Mayoral reappointments of Catherine Cooney and Gerene Duran and
the Mayoral appointment of Jessica Brody to the Denver Board of Public Health and
Environment Board of Directors for terms effective immediately and expiring
12-31-2027, or until successors are duly appointed. The Committee approved filing
this item at its meeting on 1-17-2023.
A motion offered by Councilmember Flynn, duly seconded by Councilmember
Gilmore, that Council Resolution 23-0027 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
23-0037 A resolution approving an Agreement with UnitedHealthcare
Insurance Company between the City and County of Denver and
UnitedHealthcare Insurance to provide medical benefit plans to Denver
employees, including career service, uniformed sheriff and uniformed
police.
Approves a contract with UnitedHealthcare Insurance Company for $80,000,000 and
through 12-31-2025 to provide medical benefit plans to Denver employees, including
career service, uniformed sheriff and uniformed police (CSAHR-202265732-00). The
last regularly scheduled Council meeting within the 30-day review period is on
2-20-2023. The Committee approved filing this item at its meeting on 1-17-2023.
A motion offered by Councilmember Flynn, duly seconded by Councilmember
Gilmore, that Council Resolution 23-0037 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
23-0028 A resolution approving a proposed Revival and Sixth Amendatory
Agreement between the City and County of Denver and Alpine Disposal,
Inc. to continue providing sorting and marketing of the city's recyclables
while a new contract is executed.
Amends and revives a contract with Alpine Disposal, Inc. by adding 90 days for a
new end date of 3-31-2023 to continue providing sorting and marketing of the city's
recyclables while a new contract is executed (DOTI-201737957-06/ 202266236-06).
The last regularly scheduled Council meeting within the 30-day review period is on
2-20-2023. The Committee approved filing this item at its meeting on 1-17-2023.
A motion offered by Councilmember Flynn, duly seconded by Councilmember
Gilmore, that Council Resolution 23-0028 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)
23-0051 A resolution granting a revocable permit to 2801 Walnut LLC, to
encroach into the right-of-way at 2811 Walnut Street.
Grants a revocable permit, subject to certain terms and conditions, to 2801 Walnut
LLC, their successors and assigns, to encroach into the right-of-way with a concrete
platform and stairs to the raised entry of the existing building at 2811 Walnut Street
in Council District 9. The Committee approved filing this item at its meeting on
1-17-2023.
A motion offered by Councilmember Flynn, duly seconded by Councilmember
Gilmore, that Council Resolution 23-0051 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 5
Nay: (None) (0)
Safety, Housing, Education & Homelessness Committee
22-1682 A resolution approving a proposed Loan Agreement between the
City and County of Denver and 38th and Holly LLLP to develop affordable
multi-family housing with 253 units, located in Council District 8.
Approves a loan agreement with 38th and Holly, LLLP for $8,319,000 to develop
affordable multi-family housing with 253 units, located at 5908 and 5909 East 38th
Avenue in Council District 8 (HOST-202264272). The last regularly scheduled Council
meeting within the 30-day review period is on 2-21-2023. The Committee approved
filing this item at its meeting on 1-4-2023.
A motion offered by Councilmember Flynn, duly seconded by Councilmember
Gilmore, that Council Resolution 22-1682 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)
23-0039 A resolution approving a proposed Third Amendatory Agreement
between the City and County of Denver and Urban Peak Denver for to
continue providing six (6) housing units and case management services
for eligible youth (ages 16 to 22) experiencing homelessness, who have
aged out and are transitioning out of foster care.
Amends a contract with Urban Peak Denver by adding $417,248 for a new total of
$1,043,150 and 2 years for a new end date of 12-31-2024 to continue providing six
(6) housing units and case management services for eligible youth (ages 16 to 22)
experiencing homelessness, who have aged out and are transitioning out of foster
care 202265849-03 / SOCSV-2019-52843-03). The last regularly scheduled Council
meeting within the 30-day review period is on 2-21-2023. The Committee approved
filing this item at its meeting on 1-18-2023.
A motion offered by Councilmember Flynn, duly seconded by Councilmember
Gilmore, that Council Resolution 23-0039 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
23-0040 A resolution approving a proposed Purchase Order between the
City and County of Denver and CLNC Enterprises LLC, doing business as La
Machaca, for meals for guests staying at emergency shelters.
Amends a purchase order with CLNC Enterprises, LLC, doing business as La
Machaca, by adding $2,200,000 for a new total of $2,680,000 for meals for guests
staying at emergency shelters, citywide. No change to purchase order duration
(PO-00124808). The last regularly scheduled Council meeting within the 30-day
review period is on 2-21-2023. The Committee approved filing this item at its
meeting on 1-18-2023.
A motion offered by Councilmember Flynn, duly seconded by Councilmember
Gilmore, that Council Resolution 23-0040 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)
23-0041 A resolution approving a proposed Subaward Agreement between
the City and County of Denver and Northeast Denver Housing Center, Inc.
to administer the Emergency Rental Assistance Program to eligible
households that are unable to pay rent during or due to the COVID-19
pandemic, citywide.
Approves an agreement with Northeast Denver Housing Center, Inc. for $2,175,000
and through 12-31-2023 to administer the Emergency Rental Assistance Program
(ERAP) to eligible households earning up to 80% of the area median income that are
unable to pay rent during or due to the COVID-19 pandemic, citywide (HOST-
202266078). The last regularly scheduled Council meeting within the 30-day review
period is on 2-21-2023. The Committee approved filing this item at its meeting on
1-18-2023.
A motion offered by Councilmember Flynn, duly seconded by Councilmember
Gilmore, that Council Resolution 23-0041 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
23-0042 A resolution approving a proposed Second Amendatory Agreement
between the City and County of Denver and Brothers Redevelopment, Inc.
to administer the Emergency Rental Assistance Program to eligible
households earning up to 80% of the area median income that are unable
to pay rent during or due to the COVID-19 pandemic, citywide.
Amends an agreement with Brothers Redevelopment, Inc. by adding $2,425,320 for
a new total of $3,425,320 and six months for a new end date of 12-31-2023 to
administer the Emergency Rental Assistance Program (ERAP) to eligible households
earning up to 80% of the area median income that are unable to pay rent during or
due to the COVID-19 pandemic, citywide
(HOST-202263902-02/HOST-202266074-02). The last regularly scheduled Council
meeting within the 30-day review period is on 2-21-2023. The Committee approved
filing this item at its meeting on 1-18-2023.
A motion offered by Councilmember Flynn, duly seconded by Councilmember
Gilmore, that Council Resolution 23-0042 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)
BILLS FOR INTRODUCTION
Finance & Governance Committee
23-0024 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 2022 through December 2022. The Committee approved filing this
item at its meeting on 1-17-2023.
Council Bill 23-0024 was ordered published on first reading
Ordered published on first reading
23-0036 A bill for an ordinance making a supplemental appropriation in the
Wastewater Management Division Urban Drainage and Flood Control
District Tracking Fund.
Appropriates $5 million in the Wastewater Management Division Urban
Drainage and Flood Control District Tracking fund (72701) for land
acquisitions related to the Weir Gulch Reach W1 - South Platte River to 8th
Ave project in Council District 3. The last regularly scheduled Council meeting
within the 30-day review period is on 2-20-2023. The Committee approved
filing this item at its meeting on 1-17-2023.
Council Bill 23-0036 was ordered published on first reading
Ordered published on first reading
Page 8
23-0038 A bill for an ordinance approving a proposed Intergovernmental
Agreement between the City and County of Denver and Regional
Transportation District (RTD) to offer the EcoPass program to qualified city
employees.
Approves an intergovernmental agreement with the Regional Transportation District
(RTD) for $536,216.08 and through 12-31-2023 to offer the EcoPass program to
qualified city employees (CSAHR-202265775-00). The last regularly scheduled
Council meeting within the 30-day review period is on 2-20-2023. The Committee
approved filing this item at its meeting on 1-17-2023.
Council Bill 23-0038 was ordered published on first reading
Ordered published on first reading
Land Use, Transportation & Infrastructure Committee
22-1652 A bill for an ordinance approving a proposed Third Amendment to
the Intergovernmental Agreement between the City and County of Denver
and Urban Drainage and Flood Control District d/b/a Mile High Flood
District to continue the Weir Gulch Reach drainage and flood control
improvements in Council District 3.
Amends an intergovernmental agreement with Urban Drainage and Flood Control
District, doing business as Mile High Flood District, by adding $5,000,000 in city
funds for a new agreement total of $18,400,000 for land acquisition approved by
CB22-0320 to continue the Weir Gulch Reach drainage and flood control
improvements in Council District 3. No change to contract duration. (202055100-03/
202265765-03). The last regularly scheduled Council meeting within the 30-day
review period is on 2-20-2023. The Committee approved filing this item at its
meeting on 1-17-2023.
Council Bill 22-1652 was ordered published on first reading
Ordered published on first reading
23-0030 A bill for an ordinance amending the Denver Zoning Code,
establishing the Sunnyside Conservation Overlay zone district and the
Sunnyside Conservation and Brick Overlay zone district, and clarifying
standards in the Potter Highlands Conservation Overlay zone district and
the Bungalow Conservation Overlay zone district.
Approves a Denver Zoning code legislative text amendment to create the Sunnyside
Conservation Overlay zone district (CO-7) and Sunnyside Conservation and Brick
Overlay zone district (CO-8) in Council District 1. The Committee approved filing this
item at its meeting on 1-17-2023.
Council Bill 23-0030 was ordered published with a future required public hearing on
2/27/2023.
Ordered published with a future required public hearing
Page 9
23-0031 A bill for an ordinance changing the zoning classification for
multiple properties to apply the Sunnyside Conservation Overlay and the
Sunnyside Conservation and Brick Overlays within the Sunnyside
neighborhood.
Approves a legislative map amendment to rezone multiple properties in the
Sunnyside neighborhood to apply the Sunnyside Conservation Overlay zone district
(CO-7) and the Sunnyside Conservation Overlay and Brick zone district (CO-8) in
Council District 1. The Committee approved filing this item at its meeting on
1-17-2023.
Council Bill 23-0031 was ordered published with a future required public hearing on
2/27/2023.
Ordered published with a future required public hearing
BILLS FOR FINAL CONSIDERATION
Land Use, Transportation & Infrastructure Committee
23-0001 A bill for an ordinance relinquishing a portion of the easement
established in Tower 160 Filing No. 4, recorded with Denver Clerk &
Recorder at Reception No. 2022036000 located at East 51st Avenue and
North Yampa Street.
Relinquishes a portion of the utility easements established in the Recordation
Number 2022036000, located at East 51st Avenue and North Yampa Street in
Council District 11. The last regularly scheduled Council meeting within the 30-day
review period is on 2-13-2023. The Committee approved filing this item at its
meeting on 1-10-2023.
A motion offered by Councilmember Flynn, duly seconded by Councilmember
Gilmore, that Council Bill 23-0001 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)
23-0015 A bill for an ordinance amending certain provisions of Chapter 54,
concerning pedestrian movement.
Amends certain provisions of Chapter 54, concerning pedestrian movement. The
Committee approved filing this item at its meeting on 1-10-2023.
A motion offered by Councilmember Flynn, duly seconded by Councilmember
Gilmore, that Council Bill 23-0015 be placed upon final consideration and do pass,
carried by the following vote:
Placed upon final consideration and do pass
Aye: CdeBaca, Clark, Flynn, Gilmore, Hinds, Kniech, Ortega,
Sandoval, Sawyer, Torres (10)
Nay: Black, Herndon, Kashmann (3)
RECAP OF BILLS TO BE CALLED OUT
Page 10
PRE-RECESS ANNOUNCEMENT
Council President Torres announced that tonight there will be a required
public hearing on Council Bill 22-1602 changing the zoning classification for
365 South Ogden Street in Washington Park West; and a required public
hearing on Council Bill 22-1603 changing the zoning classification for 1772 &
1788 South Acoma Street in Overland. Anyone wishing to speak on these
matters must go online to sign up during the recess of Council.
RECESS
Council took a recess.
COUNCIL RECONVENES AND RESUMES ITS REGULAR SESSION
UNFINISHED BUSINESS
PROCLAMATIONS
23-0094 Celebrating the life of Dr. Martha Urioste, Chicana education trail
blazer
A motion offered by Councilmember Torres, duly seconded by Councilmember
Flynn, that Council Proclamation 23-0094 be adopted, carried by the following vote:
Adopted
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Hinds, Kashmann,
Kniech, Ortega, Sandoval, Sawyer, Torres (12)
Nay: (None) (0)
Absent: Herndon (1)
PUBLIC HEARINGS - BILLS FOR FINAL CONSIDERATION
Land Use, Transportation & Infrastructure Committee
22-1602 A bill for an ordinance changing the zoning classification for 365
South Ogden Street in Washington Park West.
Approves a map amendment to rezone property from U-SU-B to U-SU-B1, located at
365 South Ogden Street in Council District 7. The Committee approved filing this
item at its meeting on 12-6-2022.
A motion offered by Councilmember Flynn, duly seconded by Councilmember
Kniech, that Council Bill 22-1602 be placed upon final consideration and do pass,
carried by the following vote:
Placed upon final consideration and do pass
Council sat as a Committee of the Whole, commencing at 5:45 p.m., Council President
Torres presiding, to hear speakers on Council Bill 22-1602. Kai Davids and Jesse Parris
signed up to speak in favor of the bill. No speakers signed up in opposition of the bill.
Tony Lechuga of Community Planning and Development delivered the staff report.
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Hinds, Kashmann,
Kniech, Ortega, Sandoval, Sawyer, Torres (12)
Nay: (None) (0)
Absent: Herndon (1)
Page 11
22-1603 A bill for an ordinance changing the zoning classification for 1772
& 1788 South Acoma Street in Overland.
Approves a map amendment to rezone property from I-A, UO2 to I-MX-5, located at
1772 and 1788 South Acoma Street in Council District 7. The Committee approved
filing this item at its meeting on 12-6-2022.
A motion offered by Councilmember Flynn, duly seconded by Councilmember
Sawyer, that Council Bill 22-1603 be placed upon final consideration and do pass,
carried by the following vote:
Placed upon final consideration and do pass
Council sat as a Committee of the Whole, commencing at 5:57 p.m., Council President
Torres presiding, to hear speakers on Council Bill 22-1603. Justin Archuletta and Jesse
Parris signed up to speak in favor of the bill. No speakers signed up in opposition of the
bill. Tony Lechuga of Community Planning and Development delivered the staff report.
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Hinds, Kashmann,
Kniech, Ortega, Sandoval, Sawyer, Torres (12)
Nay: (None) (0)
Absent: Herndon (1)
PRE-ADJOURNMENT ANNOUNCEMENT
Council President Torres announced that on Monday, February 27, 2023,
Council will hold a combined required public hearing on Council Bill 23-0030
amending the Denver Zoning Code, establishing the Sunnyside Conservation
Overlay zone district and the Sunnyside Conservation and Brick Overlay zone
district, and clarifying standards in the Potter Highlands Conservation
Overlay zone district and the Bungalow Conservation Overlay zone district;
and Council Bill 23-0031 changing the zoning classification for multiple
properties to apply the Sunnyside Conservation Overlay and the Sunnyside
Conservation and Brick Overlays within the Sunnyside neighborhood. Any
protests against Council Bill 23-0031, must be filed with the Council Offices
no later than noon on Tuesday, February 21, 2023.
ADJOURN
There being no further business before the City Council, Council President Torres
adjourned the meeting at 6:15 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
Agenda
City Council Meeting of Monday, January 30, 2023
City and County of Denver
Robin Kniech........................At Large Paul Kashmann..................District 6
Deborah “Debbie” Ortega.......At Large Jolon Clark.........................District 7
Amanda P. Sandoval.............District 1 Christopher Herndon...........District 8
Kevin Flynn........................District 2 Candi CdeBaca...................District 9
Jamie Torres.......................District 3 Chris Hinds.......................District 10
Kendra Black.......................District 4 Stacie Gilmore...................District 11
Amanda Sawyer..................District 5 Bonita Roznos........Executive Director
Mar'quasa Maes.................Secretary
Room 450
City & County Building
1437 Bannock Street
Denver CO 80202
Phone: 720-337-2000
Email: dencc@denvergov.org
MEETING ASSISTANCE NOTICE - AMERICANS WITH DISABILITIES ACT AND LANGUAGE
INTERPRETATION
The Council Chambers has listening devices for people with a hearing loss. Request a device from the Council
Secretary. The City can provide sign language interpretation, CART (computer assisted real-time transcription),
and foreign language interpretation for persons attending City Council meetings. If you need any of these
accommodations, please email dencc@denvergov.org or call 720-337-2000 three (3) business-days prior to the
Council meeting. For other public accommodation requests/concerns related to a disability, please contact
disabilityaccess@denvergov.org.
CITY COUNCIL AGENDA
The City Council agenda and meeting schedule are made available for public review during normal business
hours at the City & County Building, 1437 Bannock St., Rm. 451, on Thursday afternoons prior to the regularly
scheduled Council meeting. The agenda packet is also posted on the City Council website at
https://www.denvergov.org/citycouncil. Questions on agenda items may be directed to the Denver City Council
at 720-337-2000.
AUDIO/VIDEO ACCESS TO CITY COUNCIL MEETINGS
City Council meetings are televised live on cable TV Channel 8, and can be viewed via live or archived webcast
at https://denver.legistar.com.
PUBLIC COMMENT DURING PUBLIC HEARINGS
This is the time of the meeting for the City Council to receive comments from the public regarding items up for
consideration scheduled for public hearing. To speak, sign up online at www.denvergov.org/councilpublicinput
or by phone at 720-337-2000 starting at 3 p.m. the day of the hearing or during the recess of Council. Sign up
closes at 5:30 p.m. No sign-up by proxy permitted. Each speaker is allowed 3 minutes, there is no yielding of
time (unless necessary to accommodate translation or a disability). To submit written testimony to the public
record on an item, we ask that submissions be sent to dencc@denvergov.org no later than 3 p.m. on the date
the item is heard before Council in order to give members of Council adequate time to review each submission
before meeting start. Please contact the Denver City Council for more information at 720-337-2000.
GENERAL PUBLIC COMMENT SESSIONS
Starting at 5 p.m. before every regularly scheduled Council meeting, City Council hosts a 30-minute general
public comment session, allowing members of the public to address the full Council with concerns regarding any
matter not scheduled for a public hearing. Speakers have 3 minutes to speak and must sign up online at
www.denvergov.org/councilpublicinput, by phone at 720-337-2000, or in person in Rm. 451 of the City & County
Building. Sign up starts at 12 p.m. the Friday before the session is held and closes at 4 p.m. the day the session
is held. No sign up by proxy permitted. Please contact the Denver City Council for more information at 720-
337-2000.
City Council Agenda Monday, January 30, 2023
PLEDGE OF ALLEGIANCE
LAND ACKNOWLEDGEMENT
ROLL CALL
APPROVAL OF THE MINUTES
23-0092 Minutes of Monday, January 23, 2023
COUNCIL ANNOUNCEMENTS
PRESENTATIONS
COMMUNICATIONS
PROCLAMATIONS
23-0093 Recognizing the service of Deputy Sheriff Sheldon Marr
Sponsor Ortega
RESOLUTIONS
Business, Arts, Workforce, & Aviation Services Committee
23-0046 A resolution approving a proposed Amendatory Loan Agreement
between the City and County of Denver and Montbello Organizing
Committee, to extend the Term of the Loan, to revise Exhibit A, and to allow
for the transfer of the property securing the loan to an affiliate.
Amends a loan agreement with the Montbello Organizing Committee by adding two
years for a new end date of nine years from the completion of construction on the
FreshLo facility, to remove “cultural hub” and “grocery store” from Exhibit A and to
allow for the future transfer of the property located at 4690 Peoria Street in Council
District 8 to an affiliate. No change in loan amount (OEDEV-202054444/ 202366331).
The last regularly scheduled Council meeting within the 30-day review period is on
2-21-2023. The Committee approved filing this item at its meeting on 1-18-2023.
Page 2
City Council Agenda Monday, January 30, 2023
23-0047 A resolution approving and providing for the execution of a
proposed Grant Agreement between the City and County of Denver and the
United States of America Department of Commerce concerning the “Build
to Scale Grant” program and the funding therefor.
Approves a grant agreement with the United States Department of
Commerce - Economic Development Administration for $1,545,130 and
through 10-31-2025, as part of the Build to Scale Grant, for the city to work
with multiple partners to deliver TechUp, an entrepreneurial hub providing
technical support and other resources to technology entrepreneurs, with a
focus on entrepreneurs who are Black, Indigenous, and people of color
(BIPOC), citywide (OEDEV-202265435). The last regularly scheduled Council
meeting within the 30-day review period is on 2-21-2023. The Committee
approved filing this item at its meeting on 1-18-2023.
23-0048 A resolution approving a proposed First Amendment between the
City and County of Denver and Hensel Phelps Construction Company,
concerning continuation of providing mechanical services for the Central
Utility Plant, Main Terminal, airport office buildings and concourses at
Denver International Airport.
Amends a contract with Hensel Phelps Construction Company by adding $1,500,000
for a new total of $2,700,000 and one-year for a new end date of 12-31-2023 to
continue providing mechanical services for the Central Utility Plant, Main Terminal,
airport office buildings and concourses at Denver International Airport in Council
District 11 (201843835/ PLANE-202263304-01). The last regularly scheduled Council
meeting within the 30-day review period is on 2-21-2023. The Committee approved
filing this item at its meeting on 1-18-2023.
23-0049 A resolution approving a proposed First Amendment between the
City and County of Denver and United Airlines, Inc., concerning a space
lease agreement at Denver International Airport.
Amends a space lease agreement with United Airlines, Inc. for rates and charges to
add 170,559 square feet to be used for deicing truck and other ground service
equipment parking and storage at Denver International Airport in Council District 11.
No change to lease duration (XC 2X020/ PLANE-202262054). The last regularly
scheduled Council meeting within the 30-day review period is on 2-21-2023. The
Committee approved filing this item at its meeting on 1-18-2023.
Page 3
City Council Agenda Monday, January 30, 2023
23-0050 A resolution approving a proposed Contract between the City and
County of Denver and OTG DEN Venture, LLC, concerning operating and
managing food and beverage concessions on Concourse B at Denver
International Airport.
Approves a contract with OTG DEN Venture, LLC for rates and charges and 10 years
from construction completion date to operate and manage food and beverage
concessions on Concourse B at Denver International Airport in Council District 11
(PLANE-202161603). The last regularly scheduled Council meeting within the 30-day
review period is on 2-21-2023. The Committee approved filing this item at its
meeting on 1-18-2023.
Finance & Governance Committee
23-0027 A resolution approving the Mayor’s reappointments and
appointment to the Denver Public Health and Environment Board of
Directors.
Approves the Mayoral reappointments of Catherine Cooney and Gerene Duran and
the Mayoral appointment of Jessica Brody to the Denver Board of Public Health and
Environment Board of Directors for terms effective immediately and expiring
12-31-2027, or until successors are duly appointed. The Committee approved filing
this item at its meeting on 1-17-2023.
23-0037 A resolution approving an Agreement with UnitedHealthcare
Insurance Company between the City and County of Denver and
UnitedHealthcare Insurance to provide medical benefit plans to Denver
employees, including career service, uniformed sheriff and uniformed
police.
Approves a contract with UnitedHealthcare Insurance Company for $80,000,000 and
through 12-31-2025 to provide medical benefit plans to Denver employees, including
career service, uniformed sheriff and uniformed police (CSAHR-202265732-00). The
last regularly scheduled Council meeting within the 30-day review period is on
2-20-2023. The Committee approved filing this item at its meeting on 1-17-2023.
Page 4
City Council Agenda Monday, January 30, 2023
Land Use, Transportation & Infrastructure Committee
23-0028 A resolution approving a proposed Revival and Sixth Amendatory
Agreement between the City and County of Denver and Alpine Disposal,
Inc. to continue providing sorting and marketing of the city's recyclables
while a new contract is executed.
Amends and revives a contract with Alpine Disposal, Inc. by adding 90 days for a
new end date of 3-31-2023 to continue providing sorting and marketing of the city's
recyclables while a new contract is executed (DOTI-201737957-06/ 202266236-06).
The last regularly scheduled Council meeting within the 30-day review period is on
2-20-2023. The Committee approved filing this item at its meeting on 1-17-2023.
23-0051 A resolution granting a revocable permit to 2801 Walnut LLC, to
encroach into the right-of-way at 2811 Walnut Street.
Grants a revocable permit, subject to certain terms and conditions, to 2801 Walnut
LLC, their successors and assigns, to encroach into the right-of-way with a concrete
platform and stairs to the raised entry of the existing building at 2811 Walnut Street
in Council District 9. The Committee approved filing this item at its meeting on
1-17-2023.
Safety, Housing, Education & Homelessness Committee
22-1682 A resolution approving a proposed Loan Agreement between the
City and County of Denver and 38th and Holly LLLP to develop affordable
multi-family housing with 253 units, located in Council District 8.
Approves a loan agreement with 38th and Holly, LLLP for $8,319,000 to develop
affordable multi-family housing with 253 units, located at 5908 and 5909 East 38th
Avenue in Council District 8 (HOST-202264272). The last regularly scheduled Council
meeting within the 30-day review period is on 2-21-2023. The Committee approved
filing this item at its meeting on 1-4-2023.
Page 5
City Council Agenda Monday, January 30, 2023
23-0039 A resolution approving a proposed Third Amendatory Agreement
between the City and County of Denver and Urban Peak Denver for to
continue providing six (6) housing units and case management services
for eligible youth (ages 16 to 22) experiencing homelessness, who have
aged out and are transitioning out of foster care.
Amends a contract with Urban Peak Denver by adding $417,248 for a new total of
$1,043,150 and 2 years for a new end date of 12-31-2024 to continue providing six
(6) housing units and case management services for eligible youth (ages 16 to 22)
experiencing homelessness, who have aged out and are transitioning out of foster
care 202265849-03 / SOCSV-2019-52843-03). The last regularly scheduled Council
meeting within the 30-day review period is on 2-21-2023. The Committee approved
filing this item at its meeting on 1-18-2023.
23-0040 A resolution approving a proposed Purchase Order between the
City and County of Denver and CLNC Enterprises LLC, doing business as La
Machaca, for meals for guests staying at emergency shelters.
Amends a purchase order with CLNC Enterprises, LLC, doing business as La
Machaca, by adding $2,200,000 for a new total of $2,680,000 for meals for guests
staying at emergency shelters, citywide. No change to purchase order duration
(PO-00124808). The last regularly scheduled Council meeting within the 30-day
review period is on 2-21-2023. The Committee approved filing this item at its
meeting on 1-18-2023.
23-0041 A resolution approving a proposed Subaward Agreement between
the City and County of Denver and Northeast Denver Housing Center, Inc.
to administer the Emergency Rental Assistance Program to eligible
households that are unable to pay rent during or due to the COVID-19
pandemic, citywide.
Approves an agreement with Northeast Denver Housing Center, Inc. for $2,175,000
and through 12-31-2023 to administer the Emergency Rental Assistance Program
(ERAP) to eligible households earning up to 80% of the area median income that are
unable to pay rent during or due to the COVID-19 pandemic, citywide (HOST-
202266078). The last regularly scheduled Council meeting within the 30-day review
period is on 2-21-2023. The Committee approved filing this item at its meeting on
1-18-2023.
Page 6
City Council Agenda Monday, January 30, 2023
23-0042 A resolution approving a proposed Second Amendatory Agreement
between the City and County of Denver and Brothers Redevelopment, Inc.
to administer the Emergency Rental Assistance Program to eligible
households earning up to 80% of the area median income that are unable
to pay rent during or due to the COVID-19 pandemic, citywide.
Amends an agreement with Brothers Redevelopment, Inc. by adding $2,425,320 for
a new total of $3,425,320 and six months for a new end date of 12-31-2023 to
administer the Emergency Rental Assistance Program (ERAP) to eligible households
earning up to 80% of the area median income that are unable to pay rent during or
due to the COVID-19 pandemic, citywide
(HOST-202263902-02/HOST-202266074-02). The last regularly scheduled Council
meeting within the 30-day review period is on 2-21-2023. The Committee approved
filing this item at its meeting on 1-18-2023.
BILLS FOR INTRODUCTION
Finance & Governance Committee
23-0024 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 2022 through December 2022. The Committee approved filing this
item at its meeting on 1-17-2023.
23-0036 A bill for an ordinance making a supplemental appropriation in the
Wastewater Management Division Urban Drainage and Flood Control
District Tracking Fund.
Appropriates $5 million in the Wastewater Management Division Urban
Drainage and Flood Control District Tracking fund (72701) for land
acquisitions related to the Weir Gulch Reach W1 - South Platte River to 8th
Ave project in Council District 3. The last regularly scheduled Council meeting
within the 30-day review period is on 2-20-2023. The Committee approved
filing this item at its meeting on 1-17-2023.
Page 7
City Council Agenda Monday, January 30, 2023
23-0038 A bill for an ordinance approving a proposed Intergovernmental
Agreement between the City and County of Denver and Regional
Transportation District (RTD) to offer the EcoPass program to qualified city
employees.
Approves an intergovernmental agreement with the Regional Transportation District
(RTD) for $536,216.08 and through 12-31-2023 to offer the EcoPass program to
qualified city employees (CSAHR-202265775-00). The last regularly scheduled
Council meeting within the 30-day review period is on 2-20-2023. The Committee
approved filing this item at its meeting on 1-17-2023.
Land Use, Transportation & Infrastructure Committee
22-1652 A bill for an ordinance approving a proposed Third Amendment to
the Intergovernmental Agreement between the City and County of Denver
and Urban Drainage and Flood Control District d/b/a Mile High Flood
District to continue the Weir Gulch Reach drainage and flood control
improvements in Council District 3.
Amends an intergovernmental agreement with Urban Drainage and Flood Control
District, doing business as Mile High Flood District, by adding $5,000,000 in city
funds for a new agreement total of $18,400,000 for land acquisition approved by
CB22-0320 to continue the Weir Gulch Reach drainage and flood control
improvements in Council District 3. No change to contract duration. (202055100-03/
202265765-03). The last regularly scheduled Council meeting within the 30-day
review period is on 2-20-2023. The Committee approved filing this item at its
meeting on 1-17-2023.
23-0030 A bill for an ordinance amending the Denver Zoning Code,
establishing the Sunnyside Conservation Overlay zone district and the
Sunnyside Conservation and Brick Overlay zone district, and clarifying
standards in the Potter Highlands Conservation Overlay zone district and
the Bungalow Conservation Overlay zone district.
Approves a Denver Zoning code legislative text amendment to create the Sunnyside
Conservation Overlay zone district (CO-7) and Sunnyside Conservation and Brick
Overlay zone district (CO-8) in Council District 1. If ordered published, a public
hearing will be held on Monday, 2-27-2023. The Committee approved filing this item
at its meeting on 1-17-2023.
Page 8
City Council Agenda Monday, January 30, 2023
23-0031 A bill for an ordinance changing the zoning classification for
multiple properties to apply the Sunnyside Conservation Overlay and the
Sunnyside Conservation and Brick Overlays within the Sunnyside
neighborhood.
Approves a legislative map amendment to rezone multiple properties in the
Sunnyside neighborhood to apply the Sunnyside Conservation Overlay zone district
(CO-7) and the Sunnyside Conservation Overlay and Brick zone district (CO-8) in
Council District 1. If ordered published, a public hearing will be held on Monday,
2-27-2023. The Committee approved filing this item at its meeting on 1-17-2023.
BILLS FOR FINAL CONSIDERATION
Land Use, Transportation & Infrastructure Committee
23-0001 A bill for an ordinance relinquishing a portion of the easement
established in Tower 160 Filing No. 4, recorded with Denver Clerk &
Recorder at Reception No. 2022036000 located at East 51st Avenue and
North Yampa Street.
Relinquishes a portion of the utility easements established in the Recordation
Number 2022036000, located at East 51st Avenue and North Yampa Street in
Council District 11. The last regularly scheduled Council meeting within the 30-day
review period is on 2-13-2023. The Committee approved filing this item at its
meeting on 1-10-2023.
23-0015 A bill for an ordinance amending certain provisions of Chapter 54,
concerning pedestrian movement.
Amends certain provisions of Chapter 54, concerning pedestrian movement. The
Committee approved filing this item at its meeting on 1-10-2023.
RECAP OF BILLS TO BE CALLED OUT
PRE-RECESS ANNOUNCEMENT
Tonight, there will be a required public hearing on Council Bill 22-1602
changing the zoning classification for 365 South Ogden Street in
Washington Park West; and a required public hearing on Council Bill
22-1603 changing the zoning classification for 1772 & 1788 South Acoma
Street in Overland. Anyone wishing to speak on these matters must go
online to sign up during the recess of Council.
Page 9
City Council Agenda Monday, January 30, 2023
RECESS
COUNCIL RECONVENES AND RESUMES ITS REGULAR
SESSION
UNFINISHED BUSINESS
PROCLAMATIONS
23-0094 Celebrating the life of Dr. Martha Urioste, Chicana education trail
blazer
Sponsor Torres
PUBLIC HEARINGS - BILLS FOR FINAL CONSIDERATION
Land Use, Transportation & Infrastructure Committee
22-1602 A bill for an ordinance changing the zoning classification for 365
South Ogden Street in Washington Park West.
Approves a map amendment to rezone property from U-SU-B to U-SU-B1, located at
365 South Ogden Street in Council District 7. The Committee approved filing this
item at its meeting on 12-6-2022.
22-1603 A bill for an ordinance changing the zoning classification for 1772
& 1788 South Acoma Street in Overland.
Approves a map amendment to rezone property from I-A, UO2 to I-MX-5, located at
1772 and 1788 South Acoma Street in Council District 7. The Committee approved
filing this item at its meeting on 12-6-2022.
Page 10
City Council Agenda Monday, January 30, 2023
PRE-ADJOURNMENT ANNOUNCEMENT
Dependent upon publication, on Monday, February 27, 2023, Council will
hold a combined required public hearing on Council Bill 23-0030 amending
the Denver Zoning Code, establishing the Sunnyside Conservation Overlay
zone district and the Sunnyside Conservation and Brick Overlay zone
district, and clarifying standards in the Potter Highlands Conservation
Overlay zone district and the Bungalow Conservation Overlay zone district;
and Council Bill 23-0031 changing the zoning classification for multiple
properties to apply the Sunnyside Conservation Overlay and the Sunnyside
Conservation and Brick Overlays within the Sunnyside neighborhood. Any
protests against Council Bill 23-0031, must be filed with the Council Offices
no later than noon on Tuesday, February 21, 2023.
ADJOURN
PENDING
FOR 2-6-2023
22-1455 A bill for an ordinance changing the zoning classification for 4350
Shoshone Street in Sunnyside.
Approves a map amendment to rezone a property from U-TU-C to U-SU-B1, located
at 4350 Shoshone Street in Council District 1. The Committee approved filing this
item at its meeting on 11-15-2022.
22-1551 A bill for an ordinance changing the zoning classification for 1901
North Eudora Street in South Park Hill.
Approves a map amendment to rezone property from PUD 377 to PUD-G 30, located
at 1901 North Eudora Street in Council District 8. The Committee approved filing this
item at its meeting on 12-6-2022.
22-1647 A bill for an ordinance changing the zoning classification for
multiple properties to apply the Cherry Creek East Mixed Use and Cherry
Creek East Residential Design Overlays in Cherry Creek.
Approves a legislative map amendment to rezone multiple properties in the Cherry
Creek neighborhood to apply the Cherry Creek East Commercial Mixed Use Design
Overlay zone district (DO-9) and the Cherry Creek East Residential Design Overlay
zone district (DO-10) in Council District 10. The Committee approved filing this item
at its meeting on 12-20-2022.
Page 11
City Council Agenda Monday, January 30, 2023
22-1664 A bill for an ordinance amending the Denver Zoning Code,
establishing the Cherry Creek East Mixed Use Design Overlay zone district
and the Cherry Creek East Residential Design Overlay zone district, and
clarifying certain rules of measurement.
Approves a Denver Zoning Code text amendment to create the Cherry Creek East
Commercial Mixed-Use Design Overlay zone district (DO-9) and the Cherry Creek
East Residential Design Overlay zone district (DO-10), as well as make a minor
clarification to the rules of measurement. The Committee approved filing this item
at its meeting on 12-20-2022.
FOR 2-13-2023
22-1673 A bill for an ordinance designating 1618 East 38th Avenue as a
structure for preservation.
Approves an individual Denver landmark designation for property located at 1618
East 38th Avenue in Council District 9. The Committee approved filing this item at its
meeting on 1-3-2023.
22-1674 A bill for an ordinance changing the zoning classification for 1618
East 38th Avenue in Cole.
Approves a map amendment to rezone property from PUD 17 to U-MX-2x, located at
1618 East 38th Avenue in Council District 9. The Committee approved filing this item
at its meeting on 1-3-2023.
23-0005 A bill for an ordinance changing the zoning classification for 2107,
2111, 2115 & 2119 West 29th Avenue in Highland.
Approves a map amendment to rezone property from U-MS-3 and G-MU-3, UO-3 to
U-MS-3, DO-8, located at 2107, 2111, 2115 and 2119 West 29th Avenue in Council
District 1. The Committee approved filing this item at its meeting on 1-3-2023.
FOR 2-21-2023
23-0011 A bill for an ordinance changing the zoning classification for 4320
Morrison Road, 753 South Raleigh Street and 4849 West Kentucky Avenue
in Westwood.
Approves a map amendment to rezone property from E-MX-3, E-MX-3, UO-1, UO-2;
E-UT-C; and E-SU-D to OS-A, located at 4320 Morrison Rd, 753 S Raleigh St, and
4849 W Kentucky Ave in Council District 3. The Committee approved filing this item
at its meeting on 1-10-2023.
Page 12
City Council Agenda Monday, January 30, 2023
23-0012 A bill for an ordinance changing the zoning classification for 1254
North Monaco Street Parkway in Montclair.
Approves a map amendment to rezone property from E-SU-Dx to E-SU-D1x, located
at 1254 North Monaco Street Parkway in Council District 5. The Committee approved
filing this item at its meeting on 1-10-2023.
Page 13