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City Council

Regular Meeting

Denver, CO · April 10, 2023

AgendaMinutes

Minutes

City Council Minutes Meeting Date: Monday, April 10, 2023 3:30 PM PLEDGE OF ALLEGIANCE Council member Gilmore led the Pledge of Allegiance. LAND ACKNOWLEDGEMENT Council member Gilmore led the Land Acknowledgement. ROLL CALL Council members CdeBaca and Hinds attended the meeting virtually. Present: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Torres (12) Absent: Sawyer (1) APPROVAL OF THE MINUTES The minutes of April 3, 2023, were distributed to members of Council. Council President Torres ordered the minutes approved. 23-0395 Minutes of Monday, April 3, 2023. Council Minutes 23-0395 were approved. Approved COUNCIL ANNOUNCEMENTS Council member Kashmann made announcements. PRESENTATIONS COMMUNICATIONS PROCLAMATIONS RECAP OF BILLS TO BE CALLED OUT No items were called out for a separate vote. RESOLUTIONS Block Vote A motion offered by Councilmember Gilmore, duly seconded by Councilmember Herndon, 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, Torres (12) Nay: (None) (0) Absent: Sawyer (1) Business, Arts, Workforce, & Aviation Services Committee Page 1 23-0328 A resolution approving a proposed Amendatory Agreement between the City and County of Denver and Mile High United Way, Inc. to add funds for a contract to administer the Business Impact Opportunity Fund Program, which supports small businesses impacted by COVID-19 with financial and technical assistance, citywide. Amends a contract with Mile High United Way, Inc. to add $5,000,000 in American Rescue Plan Act (ARPA) funds for a new contract total of $10,000,000 and eighteen months for a new end date of 6-30-2026 to administer the Business Impact Opportunity Fund program, which supports small businesses impacted by COVID-19 with financial and technical assistance, citywide (202366896-01/202262543-01). The last regularly scheduled Council meeting within the 30-day review period is on 5-1-2023. The Committee approved filing this item at its meeting on 3-29-2023. A motion offered by Councilmember Gilmore, duly seconded by Councilmember Herndon, that Council Resolution 23-0328 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Torres (12) Nay: (None) (0) Absent: Sawyer (1) 23-0329 A resolution approving a proposed Agreement between the City and County of Denver and Denver Film Society to continue producing summer movie screenings as part of the Film of the Rocks series at Red Rocks Amphitheatre. Approves a revenue sharing agreement with Denver Film Society for a $200 per show programming fee and 15% of net ticket sales in compensation annually, not to exceed $250,000 for the contract term, and through 12-31-2024 to produce summer movie screenings as part of the Film of the Rocks series at Red Rocks Amphitheatre (THTRS-202265571). The last regularly scheduled Council meeting within the 30-day review period is on 5-1-2023. The Committee approved filing this item at its meeting on 3-29-2023. A motion offered by Councilmember Gilmore, duly seconded by Councilmember Herndon, that Council Resolution 23-0329 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Torres (12) Nay: (None) (0) Absent: Sawyer (1) Page 2 23-0330 A resolution approving a proposed Agreement between the City and County of Denver and Coffman Engineers, Inc., concerning professional design services to plan, design, and test changes and modifications to various life safety systems at Denver International Airport. Approves a contract with Coffman Engineers, Inc. for $2,500,000 and for 3 years, plus 2 one-year options to extend, to provide professional design services to plan, design, and test changes and modifications to various life safety systems at Denver International Airport in Council District 11 (PLANE-202263626). The last regularly scheduled Council meeting within the 30-day review period is on 5-1-2023. The Committee approved filing this item at its meeting on 3-29-2023. A motion offered by Councilmember Gilmore, duly seconded by Councilmember Herndon, that Council Resolution 23-0330 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Torres (12) Nay: (None) (0) Absent: Sawyer (1) 23-0331 A resolution approving a proposed Agreement between the City and County of Denver and Jensen Hughes, Inc., concerning professional design services to plan, design, and test changes and modifications to various life safety systems at Denver International Airport. Approves a contract with Jensen Hughes, Inc. for $2,500,000 and for 3 years, plus 2 one-year options to extend, to provide professional design services to plan, design, and test changes and modifications to various life safety systems at Denver International Airport in Council District 11 (PLANE-202366335). The last regularly scheduled Council meeting within the 30-day review period is on 5-1-2023. The Committee approved filing this item at its meeting on 3-29-2023. A motion offered by Councilmember Gilmore, duly seconded by Councilmember Herndon, that Council Resolution 23-0331 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Torres (12) Nay: (None) (0) Absent: Sawyer (1) Finance & Governance Committee Page 3 23-0320 A resolution approving the Mayor’s appointment to the Commission for People with Disabilities. Approves the Mayoral appointment of Chelsea Elder to the Commission for People with Disabilities for a term effective immediately and expiring 9-30-2025, or until a successor is duly appointed. The Committee approved filing this item at its meeting on 3-28-2023. A motion offered by Councilmember Gilmore, duly seconded by Councilmember Herndon, that Council Resolution 23-0320 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Torres (12) Nay: (None) (0) Absent: Sawyer (1) 23-0321 A resolution approving the Mayor’s appointment to the Denver Head Start Policy Council. Approves the Mayoral appointment of Laura Kinde to the Denver Head Start Policy Council for a term effective immediately and expiring 7-20-2024, or until a successor is duly appointed. The Committee approved filing this item at its meeting on 3-28-2023. A motion offered by Councilmember Gilmore, duly seconded by Councilmember Herndon, that Council Resolution 23-0321 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Torres (12) Nay: (None) (0) Absent: Sawyer (1) 23-0322 A resolution approving the Mayor’s appointment to the regional Emergency Medical and Trauma Council Board. Approves the Mayoral appointment of Aaron Eberhardt, M.D. to the Regional Emergency Medical and Trauma Council (RETAC) for a term effective immediately and expiring 2-15-2024, or until a successor is duly appointed. The Committee approved filing this item at its meeting on 3-28-2023. A motion offered by Councilmember Gilmore, duly seconded by Councilmember Herndon, that Council Resolution 23-0322 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Torres (12) Nay: (None) (0) Absent: Sawyer (1) Page 4 23-0323 A resolution approving a proposed Master Purchase Order between the City and County of Denver and Colorado Kenworth, LLC to provide specialty aftermarket auto parts for use in larger City fleet vehicles. No change to contract duration. Amends a Master Purchase Order with Colorado Kenworth, Inc., doing business as MHC Kenworth, to add $650,000 for a new contract total of $1,600,000 to provide specialty aftermarket auto parts for use in larger City fleet vehicles. No change to contract duration (SC-00005019). The last regularly scheduled Council meeting within the 30-day review period is on 5-1-2023. The Committee approved filing this item at its meeting on 3-28-2023. A motion offered by Councilmember Gilmore, duly seconded by Councilmember Herndon, that Council Resolution 23-0323 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Torres (12) Nay: (None) (0) Absent: Sawyer (1) 23-0324 A resolution to set a public hearing relating to the adoption of the 38th & Huron Urban Redevelopment Plan and directing the Denver Urban Renewal Authority to take certain actions in connection with the hearing. Sets a public hearing before City Council on 5-15-2023 on the 38th and Huron Urban Redevelopment Plan in Council District 9. The Committee approved filing this item at its meeting on 3-28-2023. A motion offered by Councilmember Gilmore, duly seconded by Councilmember Herndon, that Council Resolution 23-0324 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Torres (12) Nay: (None) (0) Absent: Sawyer (1) 23-0325 A resolution approving a proposed Master Purchase Order between the City and County of Denver and Mittera Group, Inc. to provide continued comprehensive printing and mailing services for City agencies. Amends a Master Purchase Order (MPO) with Mittera Group, Inc. to add $2,000,000 for a new total of $4,500,000 to provide continued comprehensive printing and mailing services for city agencies, including but not limited to the printing and mailing of W2’s, Tabor Notices, and tax statements, citywide. No change to MPO duration (SC-00004931). The last regularly scheduled Council meeting within the 30-day review period is on 5-1-2023. The Committee approved filing this item at its meeting on 3-28-2023. A motion offered by Councilmember Gilmore, duly seconded by Councilmember Herndon, that Council Resolution 23-0325 be adopted en bloc, carried by the following vote: Adopted Page 5 Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Torres (12) Nay: (None) (0) Absent: Sawyer (1) Land Use, Transportation & Infrastructure Committee 23-0297 A resolution laying out, opening and establishing as part of the City street system a parcel of land as a public alley bounded by North Pearl Street, East 16th Avenue, North Washington Street, and East Colfax Avenue. Dedicates a parcel of land as public right-of-way as public alley, bounded by North Pearl Street, East 16th Avenue, North Washington Street, and East Colfax Avenue in Council District 10. The Committee approved filing this item at its meeting on 3-21-2023. A motion offered by Councilmember Gilmore, duly seconded by Councilmember Herndon, that Council Resolution 23-0297 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Torres (12) Nay: (None) (0) Absent: Sawyer (1) 23-0301 A resolution approving a proposed Third Amendatory Agreement between the City and County of Denver and RS&H, Inc. for final design of Washington Street as part of the Elevate Denver Bond Program. Amends a contract with RS&H, Inc. to add $5,757,025.26 for a new contract total of $8,879,988.18 for final design of Washington Street from 47th Avenue-52nd Avenue, post design services, construction services and ROW services, as well as construction services for 51st Avenue, from Emerson Street to Logan Street as part of the Elevate Denver Bond Program Washington Street project in Council District 9. No change to contract duration (DOTI-202265812-03 /201948451-03). The last regularly scheduled Council meeting within the 30-day review period is on 5-1-2023. The Committee approved filing this item at its meeting on 3-21-2023. A motion offered by Councilmember Gilmore, duly seconded by Councilmember Herndon, that Council Resolution 23-0301 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Torres (12) Nay: (None) (0) Absent: Sawyer (1) Page 6 23-0327 A resolution laying out, opening and establishing as part of the City street system parcels of land as: 1) East Mississippi Avenue, located at the intersection of East Mississippi Avenue and South Dahlia Street; and 2) South Dahlia Street, located at the intersection of South Dahlia Street and East Mississippi Avenue. Dedicates two parcels of land as Public Right-of-Way as 1) East Mississippi Avenue, located at the intersection of East Mississippi Avenue and South Dahlia Street, and 2) South Dahlia Street, located at the intersection of South Dahlia Street and East Mississippi Avenue in Council District 6. The Committee approved filing this item at its meeting on 3-28-2023. A motion offered by Councilmember Gilmore, duly seconded by Councilmember Herndon, that Council Resolution 23-0327 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Torres (12) Nay: (None) (0) Absent: Sawyer (1) 23-0332 A resolution approving a proposed Amendatory Contract Services Agreement between the City and County of Denver and SuperTrees to continue on-call tree planting and watering services on city property, citywide. Amends a contract with Supertrees to add 1 year for a new end date of 7-1-2024 to continue on-call tree planting and watering services on city property, citywide. No change to contract amount (202158448/202366403). The last regularly scheduled Council meeting within the 30-day review period is on 5-1-2023. The Committee approved filing this item at its meeting on 3-28-2023. A motion offered by Councilmember Gilmore, duly seconded by Councilmember Herndon, that Council Resolution 23-0332 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Torres (12) Nay: (None) (0) Absent: Sawyer (1) Page 7 23-0333 A resolution approving a proposed Amendatory Contract Services Agreement between the City and County of Denver and CTM Inc. to continue on-call tree planting and watering services on city property, citywide. Amends a contract with CTM, Inc. to add 1 year for a new end date of 7-1-2024 to continue on-call tree planting and watering services on city property, citywide. No change to contract amount (202158458/202366370). The last regularly scheduled Council meeting within the 30-day review period is on 5-1-2023. The Committee approved filing this item at its meeting on 3-28-2023. A motion offered by Councilmember Gilmore, duly seconded by Councilmember Herndon, that Council Resolution 23-0333 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Torres (12) Nay: (None) (0) Absent: Sawyer (1) 23-0334 A resolution approving a proposed Amendatory Contract Services Agreement between the City and County of Denver and TigerTree, Inc. to continue on-call tree planting and watering services on city property, citywide. Amends a contract with TigerTree, Inc. to add 1 year for a new end date of 7-1-2024 to continue on-call tree planting and watering services on city property, citywide. No change to contract amount (202158457/202366395). The last regularly scheduled Council meeting within the 30-day review period is on 5-1-2023. The Committee approved filing this item at its meeting on 3-28-2023. A motion offered by Councilmember Gilmore, duly seconded by Councilmember Herndon, that Council Resolution 23-0334 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Torres (12) Nay: (None) (0) Absent: Sawyer (1) Safety, Housing, Education & Homelessness Committee Page 8 23-0291 A resolution approving a proposed First Amendment and Modification Agreement between the City and County of Denver and Northfield Flats, LLC to extend the maturity date of a loan for funding for an affordable housing development, located at 4545 Xenia Street in Council District 8. Amends a loan agreement with Northfield Flats, LLC to add 2 years to the loan maturity date for a new term of 20 years to align with senior lender requirements for funding at an affordable housing development, located at 4545 Xenia Street in Council District 8. No change to loan amount (HOST-202264595-01). The last regularly scheduled Council meeting within the 30-day review period is on 5-1-2023. The Committee approved filing this item at its meeting on 3-22-2023. A motion offered by Councilmember Gilmore, duly seconded by Councilmember Herndon, that Council Resolution 23-0291 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Torres (12) Nay: (None) (0) Absent: Sawyer (1) 23-0394 A resolution authorizing and approving the expenditure and payment from the appropriation account designated “Liability Claims,” the sum of Two Hundred Thousand Dollars ($200,000.00), via a single check payable to Rebecca Norris, Kenneth A. Padilla, and Barry D. Roseman, for compensatory damages and attorneys’ fees in payment and satisfaction of all claims made by Rebecca Norris in the litigation matter captioned “Norris v. City and County of Denver,” commenced in the United States District Court for the District of Colorado, Case No. 1:20-cv-01226-DDD-SKC. Settles a claim involving the Denver County Court. This item was approved for filing at the Mayor-Council meeting on 4-4-2023. A motion offered by Councilmember Gilmore, duly seconded by Councilmember Herndon, that Council Resolution 23-0394 be adopted en bloc, carried by the following vote: Adopted Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann, Kniech, Ortega, Sandoval, Torres (12) Nay: (None) (0) Absent: Sawyer (1) BILLS FOR INTRODUCTION Finance & Governance Committee Page 9 23-0319 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 grade of Probation Officer I-III and Judicial Assistant II, as well as changing the title and pay grade of Judicial Assistant III and IV. The Committee approved filing this item at its meeting on 3-28-2023. Council Bill 23-0319 was ordered published. Ordered published Land Use, Transportation & Infrastructure Committee 23-0282 A bill for an ordinance changing the zoning classification for 1085 North Lowell Boulevard in Villa Park. Approves a map amendment to rezone property from E-SU-D1x to U-RH-2.5, located at 1085 Lowell Boulevard in Council District 3. The Committee approved filing this item at its meeting on 3-21-2023. Council Bill 23-0282 was ordered published with a future required public hearing on 5/8/2023. Ordered published with a future required public hearing 23-0326 A bill for an ordinance vacating a portion of right-of-way near 4000 Blake Street, without reservations. Vacates approximately 2,321 square feet of right-of-way, without reservations, at 4000 Blake Street in Council District 9. The Committee approved filing this item at its meeting on 3-28-2023. Council Bill 23-0326 was ordered published. Ordered published BILLS FOR FINAL CONSIDERATION Finance & Governance Committee Page 10 23-0287 A bill for an ordinance designating certain properties as being required for public use and authorizing use and acquisition thereof by negotiation or through condemnation proceedings of fee simple, easement and other interests, including any rights and interests related or appurtenant to properties designated as needed for the traffic and pedestrian safety improvement project at the intersection of West Mississippi Avenue and South Platte River Drive and along the north side of East Colfax Avenue between North Downing Street and North Marion Street. Grants the authority to acquire through negotiated purchase or condemnation any property interest as needed to support the Highway Safety Improvements Project, Package 4, including easement interests, access rights, improvements, buildings, fixtures, licenses, permits and other appurtenances, located at the northwest corner of West Mississippi Avenue and South Platte River Drive, and along East Colfax Avenue between North Downing Street and North Marion Street in Council Districts 7 and 9. The Committee approved filing this item at its meeting on 3-21-2023. A motion offered by Councilmember Gilmore, duly seconded by Councilmember Herndon, that Council Bill 23-0287 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, Torres (12) Nay: (None) (0) Absent: Sawyer (1) 23-0288 A bill for an ordinance approving a proposed Purchase and Sale Agreement between the City and County of Denver and Hamid Saadatkhah for the sale of a 1,786 square foot piece of narrow remnant property, located at 2424 East 40th Avenue in Council District 9. Approves a purchase and sale agreement with Hamid Saadatkhah for $14,288 for the sale of a 1,786 square foot piece of narrow remnant property, located at 2424 East 40th Avenue in Council District 9 (FINAN-202366446). The last regularly scheduled Council meeting within the 30-day review period is on 4-24-2023. The Committee approved filing this item at its meeting on 3-21-2023. A motion offered by Councilmember Gilmore, duly seconded by Councilmember Herndon, that Council Bill 23-0288 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, Torres (12) Nay: (None) (0) Absent: Sawyer (1) Page 11 23-0289 A bill for an ordinance authorizing a capital equipment purchase in the Culture and Recreation Special Revenue Fund. Authorizes a capital equipment purchase from the Arts and Venues Operating Fund (15815) for a new mixing console at the Buell Theatre in Council District 9. The Committee approved filing this item at its meeting on 3-21-2023. A motion offered by Councilmember Gilmore, duly seconded by Councilmember Herndon, that Council Bill 23-0289 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, Torres (12) Nay: (None) (0) Absent: Sawyer (1) PRE-RECESS ANNOUNCEMENT Council President Torres announced that tonight, there will be a required public hearing on Council Bill 23-0206 designating 618 South Monroe Way as a structure for preservation; a required public hearing on Council Bill 23-0181 changing the zoning classification for 2208 South Williams Street in University; and a required public hearing on Council Bill 23-0182 changing the zoning classification for 750 East 9th Avenue in Capitol Hill. Anyone wishing to speak on any of 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 PUBLIC HEARINGS - BILLS FOR FINAL CONSIDERATION Land Use, Transportation & Infrastructure Committee 23-0206 A bill for an ordinance designating 618 South Monroe Way as a structure for preservation. Approves an individual landmark designation for a property located at 618 South Monroe Way in Council District 10. The Committee approved filing this item at its meeting on 3-7-2023. Council sat as a Committee of the Whole, commencing at 5:37 p.m., Council President Torres presiding, to hear speakers on Council Bill 23-0206. No speakers signed up to speak in favor of the bill. No speakers signed up in opposition of the bill. Becca Dierschow of Community Planning and Development delivered the staff report. A motion offered by Councilmember Gilmore, duly seconded by Councilmember Flynn, that Council Bill 23-0206 be placed upon final consideration and do pass, carried by the following vote: Placed upon final consideration and do pass Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Hinds, Kashmann, Kniech, Ortega, Sandoval, Torres (11) Nay: (None) (0) Page 12 Absent: Herndon, Sawyer (2) 23-0181 A bill for an ordinance changing the zoning classification for 2208 South Williams Street in University. Approves a map amendment to rezone property from U-SU-C to U-SU-B1, located at 2208 South Williams Street in Council district 6. The Committee approved filing this item at its meeting on 2-28-2023. Council sat as a Committee of the Whole, commencing at 5:57 p.m., Council President Torres presiding, to hear speakers on Council Bill 23-0181. Jordan Weybright signed up to speak in favor of the bill. No speakers signed up in opposition of the bill. Fran Penafiel of Community Planning and Development delivered the staff report. A motion offered by Councilmember Gilmore, duly seconded by Councilmember Ortega, that Council Bill 23-0181 be placed upon final consideration and do pass, carried by the following vote: Placed upon final consideration and do pass Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Hinds, Kashmann, Kniech, Ortega, Sandoval, Torres (11) Nay: (None) (0) Absent: Herndon, Sawyer (2) 23-0182 A bill for an ordinance changing the zoning classification for 750 East 9th Avenue in Capitol Hill. Approves a map amendment to rezone property from PUD 499 to G-MU-3, located at 750 East 9th Avenue in Council District 10. The Committee approved filing this item at its meeting on 2-28-2023. Council sat as a Committee of the Whole, commencing at 6:05 p.m., Council President Torres presiding, to hear speakers on Council Bill 23-0182. Max Odom signed up to speak in favor of the bill. Nina Desochinsky and Linda Rice signed up in opposition of the bill. Liz Weigle of Community Planning and Development delivered the staff report. A motion offered by Councilmember Gilmore, duly seconded by Councilmember Ortega, that Council Bill 23-0182 be placed upon final consideration and do pass, failed to carry by the following vote: Placed upon final consideration and do pass Aye: Black, Ortega (2) Nay: CdeBaca, Clark, Flynn, Gilmore, Hinds, Kashmann, Kniech, Sandoval, Torres (9) Absent: Herndon, Sawyer (2) PRE-ADJOURNMENT ANNOUNCEMENT Council President Torres announced that on Monday, May 8, 2023, Council will hold a required public hearing on Council Bill 23-0282 changing the zoning classification for 1085 North Lowell Boulevard in Villa Park. Any protests against Council Bill 23-0282, must be filed with the Council Offices no later than noon on Monday, May 1, 2023. ADJOURN There being no further business before the City Council, Council President Torres adjourned the meeting at 6:40 p.m. Page 13 President Attested by me with the Corporate Seal of the City and County of Denver Clerk and Recorder, Ex-Officio Clerk of the City and County of Denver Page 14

Agenda

City Council Meeting of Monday, April 10, 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 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, April 10, 2023 PLEDGE OF ALLEGIANCE LAND ACKNOWLEDGEMENT ROLL CALL APPROVAL OF THE MINUTES 23-0395 Minutes of Monday, April 3, 2023. COUNCIL ANNOUNCEMENTS PRESENTATIONS COMMUNICATIONS PROCLAMATIONS RESOLUTIONS Business, Arts, Workforce, & Aviation Services Committee 23-0328 A resolution approving a proposed Amendatory Agreement between the City and County of Denver and Mile High United Way, Inc. to add funds for a contract to administer the Business Impact Opportunity Fund Program, which supports small businesses impacted by COVID-19 with financial and technical assistance, citywide. Amends a contract with Mile High United Way, Inc. to add $5,000,000 in American Rescue Plan Act (ARPA) funds for a new contract total of $10,000,000 and eighteen months for a new end date of 6-30-2026 to administer the Business Impact Opportunity Fund program, which supports small businesses impacted by COVID-19 with financial and technical assistance, citywide (202366896-01/202262543-01). The last regularly scheduled Council meeting within the 30-day review period is on 5-1-2023. The Committee approved filing this item at its meeting on 3-29-2023. Page 2 City Council Agenda Monday, April 10, 2023 23-0329 A resolution approving a proposed Agreement between the City and County of Denver and Denver Film Society to continue producing summer movie screenings as part of the Film of the Rocks series at Red Rocks Amphitheatre. Approves a revenue sharing agreement with Denver Film Society for a $200 per show programming fee and 15% of net ticket sales in compensation annually, not to exceed $250,000 for the contract term, and through 12-31-2024 to produce summer movie screenings as part of the Film of the Rocks series at Red Rocks Amphitheatre (THTRS-202265571). The last regularly scheduled Council meeting within the 30-day review period is on 5-1-2023. The Committee approved filing this item at its meeting on 3-29-2023. 23-0330 A resolution approving a proposed Agreement between the City and County of Denver and Coffman Engineers, Inc., concerning professional design services to plan, design, and test changes and modifications to various life safety systems at Denver International Airport. Approves a contract with Coffman Engineers, Inc. for $2,500,000 and for 3 years, plus 2 one-year options to extend, to provide professional design services to plan, design, and test changes and modifications to various life safety systems at Denver International Airport in Council District 11 (PLANE-202263626). The last regularly scheduled Council meeting within the 30-day review period is on 5-1-2023. The Committee approved filing this item at its meeting on 3-29-2023. 23-0331 A resolution approving a proposed Agreement between the City and County of Denver and Jensen Hughes, Inc., concerning professional design services to plan, design, and test changes and modifications to various life safety systems at Denver International Airport. Approves a contract with Jensen Hughes, Inc. for $2,500,000 and for 3 years, plus 2 one-year options to extend, to provide professional design services to plan, design, and test changes and modifications to various life safety systems at Denver International Airport in Council District 11 (PLANE-202366335). The last regularly scheduled Council meeting within the 30-day review period is on 5-1-2023. The Committee approved filing this item at its meeting on 3-29-2023. Page 3 City Council Agenda Monday, April 10, 2023 Finance & Governance Committee 23-0320 A resolution approving the Mayor’s appointment to the Commission for People with Disabilities. Approves the Mayoral appointment of Chelsea Elder to the Commission for People with Disabilities for a term effective immediately and expiring 9-30-2025, or until a successor is duly appointed. The Committee approved filing this item at its meeting on 3-28-2023. 23-0321 A resolution approving the Mayor’s appointment to the Denver Head Start Policy Council. Approves the Mayoral appointment of Laura Kinde to the Denver Head Start Policy Council for a term effective immediately and expiring 7-20-2024, or until a successor is duly appointed. The Committee approved filing this item at its meeting on 3-28-2023. 23-0322 A resolution approving the Mayor’s appointment to the regional Emergency Medical and Trauma Council Board. Approves the Mayoral appointment of Aaron Eberhardt, M.D. to the Regional Emergency Medical and Trauma Council (RETAC) for a term effective immediately and expiring 2-15-2024, or until a successor is duly appointed. The Committee approved filing this item at its meeting on 3-28-2023. 23-0323 A resolution approving a proposed Master Purchase Order between the City and County of Denver and Colorado Kenworth, LLC to provide specialty aftermarket auto parts for use in larger City fleet vehicles. No change to contract duration. Amends a Master Purchase Order with Colorado Kenworth, Inc., doing business as MHC Kenworth, to add $650,000 for a new contract total of $1,600,000 to provide specialty aftermarket auto parts for use in larger City fleet vehicles. No change to contract duration (SC-00005019). The last regularly scheduled Council meeting within the 30-day review period is on 5-1-2023. The Committee approved filing this item at its meeting on 3-28-2023. 23-0324 A resolution to set a public hearing relating to the adoption of the 38th & Huron Urban Redevelopment Plan and directing the Denver Urban Renewal Authority to take certain actions in connection with the hearing. Sets a public hearing before City Council on 5-15-2023 on the 38th and Huron Urban Redevelopment Plan in Council District 9. The Committee approved filing this item at its meeting on 3-28-2023. Page 4 City Council Agenda Monday, April 10, 2023 23-0325 A resolution approving a proposed Master Purchase Order between the City and County of Denver and Mittera Group, Inc. to provide continued comprehensive printing and mailing services for City agencies. Amends a Master Purchase Order (MPO) with Mittera Group, Inc. to add $2,000,000 for a new total of $4,500,000 to provide continued comprehensive printing and mailing services for city agencies, including but not limited to the printing and mailing of W2’s, Tabor Notices, and tax statements, citywide. No change to MPO duration (SC-00004931). The last regularly scheduled Council meeting within the 30-day review period is on 5-1-2023. The Committee approved filing this item at its meeting on 3-28-2023. Land Use, Transportation & Infrastructure Committee 23-0297 A resolution laying out, opening and establishing as part of the City street system a parcel of land as a public alley bounded by North Pearl Street, East 16th Avenue, North Washington Street, and East Colfax Avenue. Dedicates a parcel of land as public right-of-way as public alley, bounded by North Pearl Street, East 16th Avenue, North Washington Street, and East Colfax Avenue in Council District 10. The Committee approved filing this item at its meeting on 3-21-2023. 23-0301 A resolution approving a proposed Third Amendatory Agreement between the City and County of Denver and RS&H, Inc. for final design of Washington Street as part of the Elevate Denver Bond Program. Amends a contract with RS&H, Inc. to add $5,757,025.26 for a new contract total of $8,879,988.18 for final design of Washington Street from 47th Avenue-52nd Avenue, post design services, construction services and ROW services, as well as construction services for 51st Avenue, from Emerson Street to Logan Street as part of the Elevate Denver Bond Program Washington Street project in Council District 9. No change to contract duration (DOTI-202265812-03 /201948451-03). The last regularly scheduled Council meeting within the 30-day review period is on 5-1-2023. The Committee approved filing this item at its meeting on 3-21-2023. Page 5 City Council Agenda Monday, April 10, 2023 23-0327 A resolution laying out, opening and establishing as part of the City street system parcels of land as: 1) East Mississippi Avenue, located at the intersection of East Mississippi Avenue and South Dahlia Street; and 2) South Dahlia Street, located at the intersection of South Dahlia Street and East Mississippi Avenue. Dedicates two parcels of land as Public Right-of-Way as 1) East Mississippi Avenue, located at the intersection of East Mississippi Avenue and South Dahlia Street, and 2) South Dahlia Street, located at the intersection of South Dahlia Street and East Mississippi Avenue in Council District 6. The Committee approved filing this item at its meeting on 3-28-2023. 23-0332 A resolution approving a proposed Amendatory Contract Services Agreement between the City and County of Denver and SuperTrees to continue on-call tree planting and watering services on city property, citywide. Amends a contract with Supertrees to add 1 year for a new end date of 7-1-2024 to continue on-call tree planting and watering services on city property, citywide. No change to contract amount (202158448/202366403). The last regularly scheduled Council meeting within the 30-day review period is on 5-1-2023. The Committee approved filing this item at its meeting on 3-28-2023. 23-0333 A resolution approving a proposed Amendatory Contract Services Agreement between the City and County of Denver and CTM Inc. to continue on-call tree planting and watering services on city property, citywide. Amends a contract with CTM, Inc. to add 1 year for a new end date of 7-1-2024 to continue on-call tree planting and watering services on city property, citywide. No change to contract amount (202158458/202366370). The last regularly scheduled Council meeting within the 30-day review period is on 5-1-2023. The Committee approved filing this item at its meeting on 3-28-2023. Page 6 City Council Agenda Monday, April 10, 2023 23-0334 A resolution approving a proposed Amendatory Contract Services Agreement between the City and County of Denver and TigerTree, Inc. to continue on-call tree planting and watering services on city property, citywide. Amends a contract with TigerTree, Inc. to add 1 year for a new end date of 7-1-2024 to continue on-call tree planting and watering services on city property, citywide. No change to contract amount (202158457/202366395). The last regularly scheduled Council meeting within the 30-day review period is on 5-1-2023. The Committee approved filing this item at its meeting on 3-28-2023. Safety, Housing, Education & Homelessness Committee 23-0291 A resolution approving a proposed First Amendment and Modification Agreement between the City and County of Denver and Northfield Flats, LLC to extend the maturity date of a loan for funding for an affordable housing development, located at 4545 Xenia Street in Council District 8. Amends a loan agreement with Northfield Flats, LLC to add 2 years to the loan maturity date for a new term of 20 years to align with senior lender requirements for funding at an affordable housing development, located at 4545 Xenia Street in Council District 8. No change to loan amount (HOST-202264595-01). The last regularly scheduled Council meeting within the 30-day review period is on 5-1-2023. The Committee approved filing this item at its meeting on 3-22-2023. 23-0394 A resolution authorizing and approving the expenditure and payment from the appropriation account designated “Liability Claims,” the sum of Two Hundred Thousand Dollars ($200,000.00), via a single check payable to Rebecca Norris, Kenneth A. Padilla, and Barry D. Roseman, for compensatory damages and attorneys’ fees in payment and satisfaction of all claims made by Rebecca Norris in the litigation matter captioned “Norris v. City and County of Denver,” commenced in the United States District Court for the District of Colorado, Case No. 1:20-cv-01226-DDD-SKC. Settles a claim involving the Denver County Court. This item was approved for filing at the Mayor-Council meeting on 4-4-2023. BILLS FOR INTRODUCTION Finance & Governance Committee Page 7 City Council Agenda Monday, April 10, 2023 23-0319 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 grade of Probation Officer I-III and Judicial Assistant II, as well as changing the title and pay grade of Judicial Assistant III and IV. The Committee approved filing this item at its meeting on 3-28-2023. Land Use, Transportation & Infrastructure Committee 23-0282 A bill for an ordinance changing the zoning classification for 1085 North Lowell Boulevard in Villa Park. Approves a map amendment to rezone property from E-SU-D1x to U-RH-2.5, located at 1085 Lowell Boulevard in Council District 3. If ordered published, a public hearing will be held on Monday, 5-8-2023. The Committee approved filing this item at its meeting on 3-21-2023. 23-0326 A bill for an ordinance vacating a portion of right-of-way near 4000 Blake Street, without reservations. Vacates approximately 2,321 square feet of right-of-way, without reservations, at 4000 Blake Street in Council District 9. The Committee approved filing this item at its meeting on 3-28-2023. BILLS FOR FINAL CONSIDERATION Finance & Governance Committee Page 8 City Council Agenda Monday, April 10, 2023 23-0287 A bill for an ordinance designating certain properties as being required for public use and authorizing use and acquisition thereof by negotiation or through condemnation proceedings of fee simple, easement and other interests, including any rights and interests related or appurtenant to properties designated as needed for the traffic and pedestrian safety improvement project at the intersection of West Mississippi Avenue and South Platte River Drive and along the north side of East Colfax Avenue between North Downing Street and North Marion Street. Grants the authority to acquire through negotiated purchase or condemnation any property interest as needed to support the Highway Safety Improvements Project, Package 4, including easement interests, access rights, improvements, buildings, fixtures, licenses, permits and other appurtenances, located at the northwest corner of West Mississippi Avenue and South Platte River Drive, and along East Colfax Avenue between North Downing Street and North Marion Street in Council Districts 7 and 9. The Committee approved filing this item at its meeting on 3-21-2023. 23-0288 A bill for an ordinance approving a proposed Purchase and Sale Agreement between the City and County of Denver and Hamid Saadatkhah for the sale of a 1,786 square foot piece of narrow remnant property, located at 2424 East 40th Avenue in Council District 9. Approves a purchase and sale agreement with Hamid Saadatkhah for $14,288 for the sale of a 1,786 square foot piece of narrow remnant property, located at 2424 East 40th Avenue in Council District 9 (FINAN-202366446). The last regularly scheduled Council meeting within the 30-day review period is on 4-24-2023. The Committee approved filing this item at its meeting on 3-21-2023. 23-0289 A bill for an ordinance authorizing a capital equipment purchase in the Culture and Recreation Special Revenue Fund. Authorizes a capital equipment purchase from the Arts and Venues Operating Fund (15815) for a new mixing console at the Buell Theatre in Council District 9. The Committee approved filing this item at its meeting on 3-21-2023. RECAP OF BILLS TO BE CALLED OUT PRE-RECESS ANNOUNCEMENT Page 9 City Council Agenda Monday, April 10, 2023 Tonight, there will be a required public hearing on Council Bill 23-0206 designating 618 South Monroe Way as a structure for preservation; a required public hearing on Council Bill 23-0181 changing the zoning classification for 2208 South Williams Street in University; and a required public hearing on Council Bill 23-0182 changing the zoning classification for 750 East 9th Avenue in Capitol Hill. Anyone wishing to speak on any of these matters must go online to sign up during the recess of Council. RECESS COUNCIL RECONVENES AND RESUMES ITS REGULAR SESSION UNFINISHED BUSINESS PROCLAMATIONS PUBLIC HEARINGS - BILLS FOR FINAL CONSIDERATION Land Use, Transportation & Infrastructure Committee 23-0206 A bill for an ordinance designating 618 South Monroe Way as a structure for preservation. Approves an individual landmark designation for a property located at 618 South Monroe Way in Council District 10. The Committee approved filing this item at its meeting on 3-7-2023. 23-0181 A bill for an ordinance changing the zoning classification for 2208 South Williams Street in University. Approves a map amendment to rezone property from U-SU-C to U-SU-B1, located at 2208 South Williams Street in Council district 6. The Committee approved filing this item at its meeting on 2-28-2023. 23-0182 A bill for an ordinance changing the zoning classification for 750 East 9th Avenue in Capitol Hill. Approves a map amendment to rezone property from PUD 499 to G-MU-3, located at 750 East 9th Avenue in Council District 10. The Committee approved filing this item at its meeting on 2-28-2023. PRE-ADJOURNMENT ANNOUNCEMENT Page 10 City Council Agenda Monday, April 10, 2023 Dependent upon publication, on Monday, May 8, 2023, Council will hold a required public hearing on Council Bill 23-0282 changing the zoning classification for 1085 North Lowell Boulevard in Villa Park. Any protests against Council Bill 23-0282, must be filed with the Council Offices no later than noon on Monday, May 1, 2023. ADJOURN PENDING FOR 4-24-23 23-0242 A bill for an ordinance changing the zoning classification for 1089 South Ogden Street in Washington Park West. Approves a map amendment to rezone property from U-SU-B to U-SU-B1, located at 1089 South Ogden Street in Council District 7. If ordered published, a public hearing will be held on Monday, 4-24-2023. The Committee approved filing this item at its meeting on 3-14-2023. 23-0243 A bill for an ordinance changing the zoning classification for 640 West Tennessee Avenue in Athmar Park. Approves a map amendment to rezone property from I-A UO-2 to I-MX-5, located at 640 West Tennessee Avenue in Council District 7. If ordered published, a public hearing will be held on Monday, 4-24-2023. The Committee approved filing this item at its meeting on 3-14-2023. 23-0295 A bill for an ordinance designating 1741 Gaylord Street as a structure for preservation. Approves an individual landmark designation for a structure located at 1741 Gaylord Street in Council District 9. If ordered published, a public hearing will be held on Monday, 4-24-2023. The Committee approved filing this item at its meeting on 3-21-2023. Page 11 City Council Agenda Monday, April 10, 2023 FOR 5-1-23 23-0272 A bill for an ordinance changing the zoning classification for 5005 West 29th Avenue in West Highland. Approves a map amendment to rezone property from PUD-83 to U-MX-3, located at 5005 West 29th Avenue in Council District 1. If ordered published, a public hearing will be held on Monday, 5-1-2023. The Committee approved filing this item at its meeting on 3-21-2023. 23-0283 A bill for an ordinance changing the zoning classification for multiple properties in Athmar Park and Valverde. Approves a legislative map amendment to rezone multiple properties from E-SU-B, E-SU-D, and E-SU-Dx to E-SU-B1, E-SU-D1 and E-SU-D1x to allow for the construction of Accessory Dwelling Units (ADUs), located in the Athmar Park and Valverde neighborhoods in Council District 7. If ordered published, a public hearing will be held on Monday, 5-1-2023. The Committee approved filing this item at its meeting on 3-21-2023. Page 12