City Council
Regular MeetingDenver, CO · May 1, 2023
Minutes
City Council Minutes
Meeting Date: Monday, May 1, 2023 3:30 PM
PLEDGE OF ALLEGIANCE
Council member Clark led the Pledge of Allegiance.
LAND ACKNOWLEDGEMENT
Council member Clark led the Land Acknowledgement.
ROLL CALL
Council members CdeBaca, Flynn, and Sawyer 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 April 24, 2023, were distributed to members of Council. Council
President Torres ordered the minutes approved.
23-0511 Minutes of Monday, April 24, 2023.
Council Minutes 23-0511 were approved.
Approved
COUNCIL ANNOUNCEMENTS
Council member Kniech made announcements.
PRESENTATIONS
COMMUNICATIONS
PROCLAMATIONS
RECAP OF BILLS TO BE CALLED OUT
Land Use, Transportation & Infrastructure Committee
23-0373 A bill for an ordinance amending Chapter 54 of the Denver Revised
Municipal Code to regulate and enforce the parking of vehicles, including
large vehicles and vehicle junkers, in the public right-of-way.
Amends Chapter 54 of the Denver Revised Municipal Code to create new curbside
and parking enforcement mechanisms to address emerging safety and space
management issues, citywide. The Committee approved filing this item at its
meeting on 4-11-2023.
A motion offered by Councilmember Clark, duly seconded by Councilmember Hinds,
that Council Bill 23-0373 be placed upon final consideration and do pass, was
followed by a motion offered by Councilmember Clark, duly seconded by
Councilmember Hinds, that Council Bill 23-0373 be postponed to a date certain. The
motion to postpone to a date certain carried by the following vote:
Postponed to a date certain
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
Nay: (None) (0)
Safety, Housing, Education & Homelessness Committee
Page 1
23-0372 A bill for an ordinance approving a proposed Second Amendatory
Agreement between the City and County of Denver and Denver Urban
Renewal Authority to increase the contract amount and extend the term to
continue to operate the Rental/Homeowner Access & Modification program
(RHAMP).
Amends an intergovernmental agreement with Denver Urban Renewal Authority by
adding $30,000 for a new total of $705,000 and one year for a new end date of
12-31-2023 to continue operating the Rental/Homeowner Access & Modification
program (RHAMP), which helps remove architectural and accessibility barriers for
income-qualified persons in their owner-occupied or rental unit, citywide
(HOST-202057135-02/ HOST-202366394-02). The last regularly scheduled Council
meeting within the 30-day review period is on 5-22-2023. The Committee approved
filing this item at its meeting on 4-12-2023.
A motion offered by Councilmember Clark, duly seconded by Councilmember Hinds,
that Council Bill 23-0372 be ordered published, carried by the following vote:
Ordered published
Aye: CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds, Kashmann,
Kniech, Ortega, Sandoval, Sawyer, Torres (12)
Nay: (None) (0)
Abstain: Black (1)
Block Vote
A motion offered by Councilmember Clark, 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, Sawyer, Torres (13)
Nay: (None) (0)
RESOLUTIONS
Business, Arts, Workforce, & Aviation Services Committee
23-0418 A resolution approving a proposed Second Amendment between
the City and County of Denver and Aerovias de Mexico, S.A. de C.V. dba
Aeromexico concerning changes to the space leased by Aeromexico to
support airline operations at Denver International Airport.
Amends a use and lease agreement with Aerovias de Mexico S.A. de C.V. to
increase the square feet of space leased and change the location of leased space to
support airline operations, located at Denver International Airport in Council District
11. No change to agreement duration (PLANE-202255425/ PLANE - 202266117-02).
The last regularly scheduled Council meeting within the 30-day review period is on
5-22-2023. The Committee approved filing this item at its meeting on 4-19-2023.
A motion offered by Councilmember Clark, duly seconded by Councilmember
Herndon, that Council Resolution 23-0418 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
Finance & Governance Committee
23-0411 A resolution approving a proposed Lease Agreement between the
City and County of Denver and The Denver Center for the Performing Arts
for use of the Garner Galleria Theatre, located at 1385 Curtis Street in
Council District 9.
Approves a lease agreement with The Denver Center for the Performing Arts (DCPA)
for $10 and through 1-31-2026 for use of the Garner Galleria Theatre, located at
1385 Curtis Street in Council District 9, while the city works with DCPA to make
facility improvements (FINAN-202367175-00). The last regularly scheduled Council
meeting within the 30-day review period is on 5-22-2023. The Committee approved
filing this item at its meeting on 4-18-2023.
A motion offered by Councilmember Clark, duly seconded by Councilmember
Herndon, that Council Resolution 23-0411 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)
23-0423 A resolution approving a proposed Purchase and Sale Agreement
between the City and County of Denver and ACM Loretto VI LLC to purchase
a theater and library on the Loretto Heights campus located at 3200 West
Cornell Drive.
Approves a purchase and sale agreement with ACM Loretto VI LLC, for $3,500,000
to purchase property in support of a theater and library on the Loretto Heights
campus, located at 3200 West Cornell Drive in Council District 2 (FIN-202367684).
The last regularly scheduled Council meeting within the 30-day review period is on
5-22-2023. The Committee approved filing this item at its meeting on 4-18-2023.
A motion offered by Councilmember Clark, duly seconded by Councilmember
Herndon, that Council Resolution 23-0423 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
23-0404 A resolution laying out, opening and establishing as part of the City
street system a parcel of land as West 16th Avenue at the intersection of
West 16th Avenue and North Yates Street.
Dedicates a parcel of land as West 16th Avenue, located at the intersection of West
16th Avenue and North Yates Street in Council District 1. The Committee approved
filing this item at its meeting on 4-18-2023.
A motion offered by Councilmember Clark, duly seconded by Councilmember
Herndon, that Council Resolution 23-0404 be adopted en bloc, carried by the
following vote:
Adopted
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
Page 3
Nay: (None) (0)
23-0405 A resolution granting a revocable permit to Osceola Stop
Townhomes, LLC, to encroach into the right-of-way at 1300 North Osceola
Street.
Grants a revocable permit, subject to certain terms and conditions, to Osceola Stop
Townhomes LLC, their successors and assigns, to encroach into the right-of-way with
approximately 51 feet of railing at 1300 North Osceola Street in Council District 3.
The Committee approved filing this item at its meeting on 4-18-2023.
A motion offered by Councilmember Clark, duly seconded by Councilmember
Herndon, that Council Resolution 23-0405 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)
23-0406 A resolution granting a revocable permit to Paradise Investment
Properties LLC, to encroach into the right-of-way at 1300 Walnut Street.
Grants a revocable permit, subject to certain terms and conditions, to Paradise
Investment Properties LLC, their successors and assigns, to encroach into the
right-of-way with a three-story below grade parking structure, located at 1300
Walnut Street in Council District 9. The Committee approved filing this item at its
meeting on 4-18-2023.
A motion offered by Councilmember Clark, duly seconded by Councilmember
Herndon, that Council Resolution 23-0406 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)
23-0417 A resolution granting a revocable permit to Loretto Heights
Metropolitan District No. 1, to encroach into the right-of-way at 3001 South
Federal Boulevard.
Grants a revocable permit, subject to certain terms and conditions, to Loretto
Heights Metropolitan District No. 1, their successors and assigns, to encroach into
the right-of-way with approximately 103 linear feet of private sanitary sewer at
3001 South Federal Boulevard in Council District 2. The Committee approved filing
this item at its meeting on 4-18-2023.
A motion offered by Councilmember Clark, duly seconded by Councilmember
Herndon, that Council Resolution 23-0417 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
23-0424 A resolution approving a proposed Amendatory Agreement
between the City and County of Denver and Merrick & Company to continue
providing horizontal design and project management services in support of
the National Western Center Program.
Amends a contract with Merrick & Company by adding one year for a new end date
of 4-14-2024 to continue providing horizontal design and project management
services in support of the National Western Center Program in Council District 9. No
change to contract amount (PWADM-201840729/ DOTI-202367001-01). The last
regularly scheduled Council meeting within the 30-day review period is on
5-22-2023. The Committee approved filing this item at its meeting on 4-18-2023.
A motion offered by Councilmember Clark, duly seconded by Councilmember
Herndon, that Council Resolution 23-0424 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)
Safety, Housing, Education & Homelessness Committee
23-0341 A resolution approving a proposed Fourth Amendatory Agreement
between the City and County of Denver and Denver Food Rescue for
operation of the No Cost Grocery Program that provides fresh, healthy food
for free, citywide.
Amends a grant agreement with Denver Food Rescue to add $18,599 in Healthy
Food for Denver’s Kids sales tax funds for a new contract total of $894,167 to correct
an error in approved funding shown in the previous contract language for operation
of the No Cost Grocery Program that provides fresh, healthy food for free, citywide.
No change to contract duration (ENVHL 202367191-04). The last regularly scheduled
Council meeting within the 30-day review period is on 5-22-2023. The Committee
approved filing this item at its meeting on 4-5-2023.
A motion offered by Councilmember Clark, duly seconded by Councilmember
Herndon, that Council Resolution 23-0341 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
Page 5
23-0396 A bill for an ordinance granting the authority to acquire through
negotiated purchase or condemnation of all or any portion of any property
interest as needed in completing sidewalk gap improvements along a
portion of North Newton Street and at the northeast corner of Federal
Boulevard and West 45th Avenue as part of Council District 1 and Council
District 3 Sidewalk Gap Improvement Project in Council Districts 1 and 3.
Grants the authority to acquire through negotiated purchase or condemnation of all
or any portion of any property interest as needed in support of the Elevate Denver
Bond Sidewalk Gap Program, including easement interests, access rights,
improvements, buildings, fixtures, licenses, permits and other appurtenances,
located at the northeast corner of Federal Boulevard and West 45th Avenue in
Council District 1, and North Newton Street between West 12th Avenue and West
13th Avenue in Council District 3. The Committee approved filing this item at its
meeting on 4-18-2023.
Council Bill 23-0396 was ordered published.
Ordered published
23-0397 A bill for an ordinance granting the authority to acquire through
negotiated purchase or condemnation of all or any portion of any property
interest as needed in completing sidewalk gap improvements along a
portion of East Girard Avenue as part of Council District 4 Sidewalk Gap
Improvement Project in Council District 4.
Grants the authority to acquire through negotiated purchase or condemnation of all
or any portion of any property interest as needed in support of the Elevate Denver
Bond Sidewalk Gap Program, including easement interests, access rights,
improvements, buildings, fixtures, licenses, permits and other appurtenances,
located between South Dayton Street and South Akron Street, along East Girard
Avenue in Council District 4. The Committee approved filing this item at its meeting
on 4-18-2023.
Council Bill 23-0397 was ordered published.
Ordered published
23-0419 A bill for an ordinance establishing a new Fund in the Capital
Improvements and Capital Maintenance Fund Series for the “Climate
Federal Capital Projects” program.
Establishes the Climate Federal Capital Projects Fund (34805) in the Capital
Improvements and Capital Maintenance Fund Series. The Committee approved
filing this item at its meeting on 4-18-2023.
Council Bill 23-0419 was ordered published.
Ordered published
Page 6
23-0420 A bill for an ordinance establishing a new Fund in the General
Government Special Revenue Fund Series for the “Climate Federal
Revenue” program.
Establishes the Climate Federal Revenue Special Revenue Fund (11889) in
General Government Special Revenue Fund Series. The Committee approved
filing this item at its meeting on 4-18-2023.
Council Bill 23-0420 was ordered published.
Ordered published
Land Use, Transportation & Infrastructure Committee
23-0408 A bill for an ordinance relinquishing portion of the easement
established in Tower Farms Subdivision Filing No. 1, recorded with Denver
Clerk & Recorder at Reception No. 2022025118 located at North Tower
Road and East 56th Avenue.
Relinquishes a portion of the easement established in Tower Farms Subdivision Filing
No. 1, Recordation Number 2022025118, located at North Tower Road and East 56th
Avenue in Council District 11. The last regularly scheduled Council meeting within
the 30-day review period is on 5-22-2023. The Committee approved filing this item
at its meeting on 4-18-2023.
Council Bill 23-0408 was ordered published.
Ordered published
23-0409 A bill for an ordinance approving a proposed On Call Professional
Services Agreement between the City and County of Denver and Downtown
Denver Business Improvement District to purchase fixtures, furniture, and
equipment on an as needed basis for the 16th Street Mall Reconstruction
Project.
Approves an intergovernmental agreement with the Downtown Denver Business
Improvement District for $4,000,000 and through 5-31-2028 to purchase fixtures,
furniture, and equipment on an as needed basis for the 16th Street Mall
Reconstruction Project in Council District 9. The last regularly scheduled Council
meeting within the 30-day review period is on 5-22-2023. The Committee approved
filing this item at its meeting on 4-18-2023.
Council Bill 23-0409 was ordered published.
Ordered published
23-0421 A bill for an ordinance amending Ordinance 20220424, Series
2022, to extend the deadlines by which an applicant must obtain approval
of a site development plan or site development plan amendment in order to
comply with the requirements of the Denver Zoning Code, as it existed
prior to July 1, 2022.
Amends section 2 of Ordinance No. 0424, series 2022 to extend the deadlines by
which an applicant must obtain approval of a site development plan in order to be
exempt from the requirements in CB22-0424. The Committee approved filing this
item at its meeting on 4-18-2023.
Council Bill 23-0421 was ordered published with a future required public hearing on
5/22/2023.
Ordered published with a future required public hearing
Page 7
23-0422 A bill for an ordinance amending Ordinance 20220426, Series
2022, to extend the deadlines by which an applicant must obtain approval
of a site development plan or site development plan amendment in order to
comply with the requirements of Articles V or VI, Chapter 27 of the DRMC,
as applicable, as it existed prior to July 1, 2022 and amend the reporting
requirements of the Department of Community Planning and Development.
Amends section 4 of Ordinance No. 0426, Series 2022 to extend the deadlines by
which an applicant must obtain approval of a site development plan to be exempt
from the requirements in CB22-0426, increase the required number of times that
Community Planning and Development must provide the applicable report to City
Council and extend the final deadline for the report. The Committee approved filing
this item at its meeting on 4-18-2023.
Council Bill 23-0422 was ordered published.
Ordered published
BILLS FOR FINAL CONSIDERATION
Business, Arts, Workforce, & Aviation Services Committee
23-0387 A bill for an ordinance enacting Article XI of Chapter 28 to create
the Denver Construction Careers Program.
Amends Chapter 28 of the Denver Revised Municipal Code by adding a new Article
XI Workforce Development Requirements in City Construction to create the Denver
Construction Careers Program to address construction labor shortages through
apprenticeship training requirements and employment opportunities for people living
in economically disadvantaged areas or experiencing economic disadvantage. The
Committee approved filing this item at its meeting on 4-12-2023.
A motion offered by Councilmember Clark, duly seconded by Councilmember
Herndon, that Council Bill 23-0387 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)
23-0388 A bill for an ordinance approving a proposed Intergovernmental
Agreement between the City and County of Denver and Denver Public
Schools, to administer the Denver Youth Employment Program.
Approves an intergovernmental agreement with Denver Public Schools for
$1,500,000 and through 12-31-2023 to administer the Denver Youth Employment
Program to provide customized workforce development services, including
year-round programming and summer internships for approximately 375 eligible
Denver youth, citywide (OEDEV-202366654-00). The last regularly scheduled Council
meeting within the 30-day review period is on 5-15-2023. The Committee approved
filing this item at its meeting on 4-12-2023.
A motion offered by Councilmember Clark, duly seconded by Councilmember
Herndon, that Council Bill 23-0388 be placed upon final consideration and do pass en
bloc, carried by the following vote:
Placed upon final consideration and do pass
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
Page 8
Nay: (None) (0)
Finance & Governance Committee
23-0377 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 installment of
Phase 1 of the 48th Avenue Greenway (Outfall) project on 48th Avenue
from Emerson Street continuing west to Washington Street. This includes
easement interests, access rights, improvements, buildings, fixtures,
licenses, and permits as part of the Project.
Grants the authority to acquire through negotiated purchase or condemnation of all
or any portion of any property interest as needed in support of the 48th Avenue
Greenway Outfall Project, including easement interests, access rights,
improvements, buildings, fixtures, licenses, permits and other appurtenances,
located at 48th Avenue from Emerson Street to Washington Street in Council District
9. The Committee approved filing this item at its meeting on 4-11-2023.
A motion offered by Councilmember Clark, duly seconded by Councilmember
Herndon, that Council Bill 23-0377 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)
23-0378 A bill for an ordinance granting the authority to acquire through
negotiated purchase or condemnation of all or any portion of any property
interest as needed for the first phase of the Globeville Levee
Improvements Project, located along the west bank of the South Platte
River from East 50th Avenue to North of Westbound Interstate 70, in
Council District 9.
Grants the authority to acquire through negotiated purchase or condemnation of all
or any portion of any property interest as needed in support of the Globeville Levee
Improvements Project, including easement interests, access rights, improvements,
buildings, fixtures, licenses, permits and other appurtenances, located along the
west bank of the South Platte River from East 50th Avenue to North of Westbound
I-70 in Council District 9. The Committee approved filing this item at its meeting on
4-11-2023.
A motion offered by Councilmember Clark, duly seconded by Councilmember
Herndon, that Council Bill 23-0378 be placed upon final consideration and do pass en
bloc, carried by the following vote:
Placed upon final consideration and do pass
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Herndon, Hinds,
Kashmann, Kniech, Ortega, Sandoval, Sawyer, Torres (13)
Nay: (None) (0)
PRE-RECESS ANNOUNCEMENT
Page 9
Council President Torres announced that tonight there will be a required
public hearing on Council Bill 23-0272 changing the zoning classification for
5005 West 29th Avenue in West Highland; a required public hearing on
Council Bill 23-0283 changing the zoning classification for multiple
properties in Athmar Park and Valverde; and a courtesy public hearing on
Council Bill 23-0401 naming the community park at 4000 N. Kirk Street as
“William H. Whitsell Park”. 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
REQUIRED PUBLIC HEARINGS - BILLS FOR FINAL
CONSIDERATION
Land Use, Transportation & Infrastructure Committee
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. The Committee approved filing this
item at its meeting on 3-21-2023.
Council sat as a Committee of the Whole, commencing at 5:31 p.m., Council
President Torres presiding, to hear speakers on Council Bill 23-0272. No speakers
signed up to speak in favor of the bill or in opposition of the bill. Rob Haigh of
Community Planning and Development delivered the staff report.
A motion offered by Councilmember Clark, duly seconded by Councilmember Hinds,
that Council Bill 23-0272 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, Sawyer, Torres (12)
Nay: (None) (0)
Absent: Herndon (1)
Page 10
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. The Committee approved filing this
item at its meeting on 3-21-2023.
Council sat as a Committee of the Whole, commencing at 5:43 p.m., Council
President Torres presiding, to hear speakers on Council Bill 23-0283. Adriana Lopez,
Michelle Ferrigno Warren, and Maureen McCanna signed up to speak in favor of the
bill. No speakers signed up in opposition of the bill. Courtney Levingston of
Community Planning and Development delivered the staff report.
A motion offered by Councilmember Clark, duly seconded by Councilmember Hinds,
that Council Bill 23-0283 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 5:43 p.m., Council President
Torres presiding, to hear speakers on Council Bill 23-0283. Adriana Lopez, Michelle
Ferrigno Warren, and Maureen McCanna signed up to speak in favor of the bill. No
speakers signed up in opposition of the bill. Courtney Levingston of Community Planning
and Development delivered the staff report.
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Hinds, Kashmann,
Kniech, Sandoval, Sawyer, Torres (11)
Nay: (None) (0)
Absent: Herndon (1)
Abstain: Ortega (1)
COURTESY PUBLIC HEARINGS - BILLS FOR INTRODUCTION
Land Use, Transportation & Infrastructure Committee
23-0401 A bill for an ordinance naming the community park at 4000 N. Kirk
Street as “William H. Whitsell Park”.
Approves naming an unnamed park as “William H. Whitsell Park”, located at 4000
North Kirk Street in Council District 11. The Committee approved filing this item at
its meeting on 4-18-2023.
Council sat as a Committee of the Whole, commencing at 5:58 p.m., Council
President Torres presiding, to hear speakers on Council Bill 23-0401. Julian Cary,
Jim Ramsey, Johnathan Carey, Joan Jones, and Ann White signed up to speak in
favor of the bill. No speakers signed up in opposition of the bill. Jesus Orrantia of
Parks and Recreation Department delivered the staff report.
A motion offered by Councilmember Clark, duly seconded by Councilmember Hinds,
that Council Bill 23-0401 be ordered published, carried by the following vote:
Ordered published
Aye: Black, CdeBaca, Clark, Flynn, Gilmore, Hinds, Kashmann,
Kniech, Ortega, Sandoval, Sawyer, Torres (12)
Nay: (None) (0)
Absent: Herndon (1)
Page 11
PRE-ADJOURNMENT ANNOUNCEMENT
Council President Torres announced that on Monday, May 22, 2023, Council
will hold a required public hearing on Council Bill 23-0421 amending
Ordinance 20220424, Series 2022, to extend the deadlines by which an
applicant must obtain approval of a site development plan or site
development plan amendment in order to comply with the requirements of
the Denver Zoning Code, as it existed prior to July 1, 2022. Any protests
against Council Bill 23-0421, must be filed with the Council Offices no later
than noon on Monday, May 15, 2023.
ADJOURN
There being no further business before the City Council, Council President Torres
adjourned the meeting at 6:22 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, May 1, 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
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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
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the item is heard before Council in order to give members of Council adequate time to review each submission
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GENERAL PUBLIC COMMENT SESSIONS
Starting at 5 p.m. before every regularly scheduled Council meeting, City Council hosts a 30-minute general
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337-2000.
City Council Agenda Monday, May 1, 2023
PLEDGE OF ALLEGIANCE
LAND ACKNOWLEDGEMENT
ROLL CALL
APPROVAL OF THE MINUTES
23-0511 Minutes of Monday, April 24, 2023.
COUNCIL ANNOUNCEMENTS
PRESENTATIONS
COMMUNICATIONS
PROCLAMATIONS
RESOLUTIONS
Business, Arts, Workforce, & Aviation Services Committee
23-0418 A resolution approving a proposed Second Amendment between
the City and County of Denver and Aerovias de Mexico, S.A. de C.V. dba
Aeromexico concerning changes to the space leased by Aeromexico to
support airline operations at Denver International Airport.
Amends a use and lease agreement with Aerovias de Mexico S.A. de C.V. to
increase the square feet of space leased and change the location of leased space to
support airline operations, located at Denver International Airport in Council District
11. No change to agreement duration (PLANE-202255425/ PLANE - 202266117-02).
The last regularly scheduled Council meeting within the 30-day review period is on
5-22-2023. The Committee approved filing this item at its meeting on 4-19-2023.
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City Council Agenda Monday, May 1, 2023
Finance & Governance Committee
23-0411 A resolution approving a proposed Lease Agreement between the
City and County of Denver and The Denver Center for the Performing Arts
for use of the Garner Galleria Theatre, located at 1385 Curtis Street in
Council District 9.
Approves a lease agreement with The Denver Center for the Performing Arts (DCPA)
for $10 and through 1-31-2026 for use of the Garner Galleria Theatre, located at
1385 Curtis Street in Council District 9, while the city works with DCPA to make
facility improvements (FINAN-202367175-00). The last regularly scheduled Council
meeting within the 30-day review period is on 5-22-2023. The Committee approved
filing this item at its meeting on 4-18-2023.
23-0423 A resolution approving a proposed Purchase and Sale Agreement
between the City and County of Denver and ACM Loretto VI LLC to purchase
a theater and library on the Loretto Heights campus located at 3200 West
Cornell Drive.
Approves a purchase and sale agreement with ACM Loretto VI LLC, for $3,500,000
to purchase property in support of a theater and library on the Loretto Heights
campus, located at 3200 West Cornell Drive in Council District 2 (FIN-202367684).
The last regularly scheduled Council meeting within the 30-day review period is on
5-22-2023. The Committee approved filing this item at its meeting on 4-18-2023.
Land Use, Transportation & Infrastructure Committee
23-0404 A resolution laying out, opening and establishing as part of the
City street system a parcel of land as West 16th Avenue at the intersection
of West 16th Avenue and North Yates Street.
Dedicates a parcel of land as West 16th Avenue, located at the intersection of West
16th Avenue and North Yates Street in Council District 1. The Committee approved
filing this item at its meeting on 4-18-2023.
23-0405 A resolution granting a revocable permit to Osceola Stop
Townhomes, LLC, to encroach into the right-of-way at 1300 North Osceola
Street.
Grants a revocable permit, subject to certain terms and conditions, to Osceola Stop
Townhomes LLC, their successors and assigns, to encroach into the right-of-way with
approximately 51 feet of railing at 1300 North Osceola Street in Council District 3.
The Committee approved filing this item at its meeting on 4-18-2023.
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City Council Agenda Monday, May 1, 2023
23-0406 A resolution granting a revocable permit to Paradise Investment
Properties LLC, to encroach into the right-of-way at 1300 Walnut Street.
Grants a revocable permit, subject to certain terms and conditions, to Paradise
Investment Properties LLC, their successors and assigns, to encroach into the
right-of-way with a three-story below grade parking structure, located at 1300
Walnut Street in Council District 9. The Committee approved filing this item at its
meeting on 4-18-2023.
23-0417 A resolution granting a revocable permit to Loretto Heights
Metropolitan District No. 1, to encroach into the right-of-way at 3001 South
Federal Boulevard.
Grants a revocable permit, subject to certain terms and conditions, to Loretto
Heights Metropolitan District No. 1, their successors and assigns, to encroach into
the right-of-way with approximately 103 linear feet of private sanitary sewer at
3001 South Federal Boulevard in Council District 2. The Committee approved filing
this item at its meeting on 4-18-2023.
23-0424 A resolution approving a proposed Amendatory Agreement
between the City and County of Denver and Merrick & Company to continue
providing horizontal design and project management services in support of
the National Western Center Program.
Amends a contract with Merrick & Company by adding one year for a new end date
of 4-14-2024 to continue providing horizontal design and project management
services in support of the National Western Center Program in Council District 9. No
change to contract amount (PWADM-201840729/ DOTI-202367001-01). The last
regularly scheduled Council meeting within the 30-day review period is on
5-22-2023. The Committee approved filing this item at its meeting on 4-18-2023.
Page 4
City Council Agenda Monday, May 1, 2023
Safety, Housing, Education & Homelessness Committee
23-0341 A resolution approving a proposed Fourth Amendatory Agreement
between the City and County of Denver and Denver Food Rescue for
operation of the No Cost Grocery Program that provides fresh, healthy food
for free, citywide.
Amends a grant agreement with Denver Food Rescue to add $18,599 in Healthy
Food for Denver’s Kids sales tax funds for a new contract total of $894,167 to correct
an error in approved funding shown in the previous contract language for operation
of the No Cost Grocery Program that provides fresh, healthy food for free, citywide.
No change to contract duration (ENVHL 202367191-04). The last regularly scheduled
Council meeting within the 30-day review period is on 5-22-2023. The Committee
approved filing this item at its meeting on 4-5-2023.
BILLS FOR INTRODUCTION
Finance & Governance Committee
23-0396 A bill for an ordinance granting the authority to acquire through
negotiated purchase or condemnation of all or any portion of any property
interest as needed in completing sidewalk gap improvements along a
portion of North Newton Street and at the northeast corner of Federal
Boulevard and West 45th Avenue as part of Council District 1 and Council
District 3 Sidewalk Gap Improvement Project in Council Districts 1 and 3.
Grants the authority to acquire through negotiated purchase or condemnation of all
or any portion of any property interest as needed in support of the Elevate Denver
Bond Sidewalk Gap Program, including easement interests, access rights,
improvements, buildings, fixtures, licenses, permits and other appurtenances,
located at the northeast corner of Federal Boulevard and West 45th Avenue in
Council District 1, and North Newton Street between West 12th Avenue and West
13th Avenue in Council District 3. The Committee approved filing this item at its
meeting on 4-18-2023.
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City Council Agenda Monday, May 1, 2023
23-0397 A bill for an ordinance granting the authority to acquire through
negotiated purchase or condemnation of all or any portion of any property
interest as needed in completing sidewalk gap improvements along a
portion of East Girard Avenue as part of Council District 4 Sidewalk Gap
Improvement Project in Council District 4.
Grants the authority to acquire through negotiated purchase or condemnation of all
or any portion of any property interest as needed in support of the Elevate Denver
Bond Sidewalk Gap Program, including easement interests, access rights,
improvements, buildings, fixtures, licenses, permits and other appurtenances,
located between South Dayton Street and South Akron Street, along East Girard
Avenue in Council District 4. The Committee approved filing this item at its meeting
on 4-18-2023.
23-0419 A bill for an ordinance establishing a new Fund in the Capital
Improvements and Capital Maintenance Fund Series for the “Climate
Federal Capital Projects” program.
Establishes the Climate Federal Capital Projects Fund (34805) in the Capital
Improvements and Capital Maintenance Fund Series. The Committee approved
filing this item at its meeting on 4-18-2023.
23-0420 A bill for an ordinance establishing a new Fund in the General
Government Special Revenue Fund Series for the “Climate Federal
Revenue” program.
Establishes the Climate Federal Revenue Special Revenue Fund (11889) in
General Government Special Revenue Fund Series. The Committee approved
filing this item at its meeting on 4-18-2023.
Land Use, Transportation & Infrastructure Committee
23-0408 A bill for an ordinance relinquishing portion of the easement
established in Tower Farms Subdivision Filing No. 1, recorded with Denver
Clerk & Recorder at Reception No. 2022025118 located at North Tower
Road and East 56th Avenue.
Relinquishes a portion of the easement established in Tower Farms Subdivision Filing
No. 1, Recordation Number 2022025118, located at North Tower Road and East 56th
Avenue in Council District 11. The last regularly scheduled Council meeting within
the 30-day review period is on 5-22-2023. The Committee approved filing this item
at its meeting on 4-18-2023.
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City Council Agenda Monday, May 1, 2023
23-0409 A bill for an ordinance approving a proposed On Call Professional
Services Agreement between the City and County of Denver and Downtown
Denver Business Improvement District to purchase fixtures, furniture, and
equipment on an as needed basis for the 16th Street Mall Reconstruction
Project.
Approves an intergovernmental agreement with the Downtown Denver Business
Improvement District for $4,000,000 and through 5-31-2028 to purchase fixtures,
furniture, and equipment on an as needed basis for the 16th Street Mall
Reconstruction Project in Council District 9. The last regularly scheduled Council
meeting within the 30-day review period is on 5-22-2023. The Committee approved
filing this item at its meeting on 4-18-2023.
23-0421 A bill for an ordinance amending Ordinance 20220424, Series
2022, to extend the deadlines by which an applicant must obtain approval
of a site development plan or site development plan amendment in order to
comply with the requirements of the Denver Zoning Code, as it existed
prior to July 1, 2022.
Amends section 2 of Ordinance No. 0424, series 2022 to extend the deadlines by
which an applicant must obtain approval of a site development plan in order to be
exempt from the requirements in CB22-0424. If ordered published, a public hearing
will be held on Monday, 5-22-2023. The Committee approved filing this item at its
meeting on 4-18-2023.
23-0422 A bill for an ordinance amending Ordinance 20220426, Series
2022, to extend the deadlines by which an applicant must obtain approval
of a site development plan or site development plan amendment in order to
comply with the requirements of Articles V or VI, Chapter 27 of the DRMC,
as applicable, as it existed prior to July 1, 2022 and amend the reporting
requirements of the Department of Community Planning and Development.
Amends section 4 of Ordinance No. 0426, Series 2022 to extend the deadlines by
which an applicant must obtain approval of a site development plan to be exempt
from the requirements in CB22-0426, increase the required number of times that
Community Planning and Development must provide the applicable report to City
Council and extend the final deadline for the report. The Committee approved filing
this item at its meeting on 4-18-2023.
Page 7
City Council Agenda Monday, May 1, 2023
Safety, Housing, Education & Homelessness Committee
23-0372 A bill for an ordinance approving a proposed Second Amendatory
Agreement between the City and County of Denver and Denver Urban
Renewal Authority to increase the contract amount and extend the term to
continue to operate the Rental/Homeowner Access & Modification program
(RHAMP).
Amends an intergovernmental agreement with Denver Urban Renewal Authority by
adding $30,000 for a new total of $705,000 and one year for a new end date of
12-31-2023 to continue operating the Rental/Homeowner Access & Modification
program (RHAMP), which helps remove architectural and accessibility barriers for
income-qualified persons in their owner-occupied or rental unit, citywide
(HOST-202057135-02/ HOST-202366394-02). The last regularly scheduled Council
meeting within the 30-day review period is on 5-22-2023. The Committee approved
filing this item at its meeting on 4-12-2023.
BILLS FOR FINAL CONSIDERATION
Business, Arts, Workforce, & Aviation Services Committee
23-0387 A bill for an ordinance enacting Article XI of Chapter 28 to create
the Denver Construction Careers Program.
Amends Chapter 28 of the Denver Revised Municipal Code by adding a new Article
XI Workforce Development Requirements in City Construction to create the Denver
Construction Careers Program to address construction labor shortages through
apprenticeship training requirements and employment opportunities for people living
in economically disadvantaged areas or experiencing economic disadvantage. The
Committee approved filing this item at its meeting on 4-12-2023.
23-0388 A bill for an ordinance approving a proposed Intergovernmental
Agreement between the City and County of Denver and Denver Public
Schools, to administer the Denver Youth Employment Program.
Approves an intergovernmental agreement with Denver Public Schools for
$1,500,000 and through 12-31-2023 to administer the Denver Youth Employment
Program to provide customized workforce development services, including
year-round programming and summer internships for approximately 375 eligible
Denver youth, citywide (OEDEV-202366654-00). The last regularly scheduled Council
meeting within the 30-day review period is on 5-15-2023. The Committee approved
filing this item at its meeting on 4-12-2023.
Page 8
City Council Agenda Monday, May 1, 2023
Finance & Governance Committee
23-0377 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 installment of
Phase 1 of the 48th Avenue Greenway (Outfall) project on 48th Avenue
from Emerson Street continuing west to Washington Street. This includes
easement interests, access rights, improvements, buildings, fixtures,
licenses, and permits as part of the Project.
Grants the authority to acquire through negotiated purchase or condemnation of all
or any portion of any property interest as needed in support of the 48th Avenue
Greenway Outfall Project, including easement interests, access rights,
improvements, buildings, fixtures, licenses, permits and other appurtenances,
located at 48th Avenue from Emerson Street to Washington Street in Council District
9. The Committee approved filing this item at its meeting on 4-11-2023.
23-0378 A bill for an ordinance granting the authority to acquire through
negotiated purchase or condemnation of all or any portion of any property
interest as needed for the first phase of the Globeville Levee
Improvements Project, located along the west bank of the South Platte
River from East 50th Avenue to North of Westbound Interstate 70, in
Council District 9.
Grants the authority to acquire through negotiated purchase or condemnation of all
or any portion of any property interest as needed in support of the Globeville Levee
Improvements Project, including easement interests, access rights, improvements,
buildings, fixtures, licenses, permits and other appurtenances, located along the
west bank of the South Platte River from East 50th Avenue to North of Westbound
I-70 in Council District 9. The Committee approved filing this item at its meeting on
4-11-2023.
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City Council Agenda Monday, May 1, 2023
Land Use, Transportation & Infrastructure Committee
23-0373 A bill for an ordinance amending Chapter 54 of the Denver Revised
Municipal Code to regulate and enforce the parking of vehicles, including
large vehicles and vehicle junkers, in the public right-of-way.
Amends Chapter 54 of the Denver Revised Municipal Code to create new curbside
and parking enforcement mechanisms to address emerging safety and space
management issues, citywide. The Committee approved filing this item at its
meeting on 4-11-2023.
RECAP OF BILLS TO BE CALLED OUT
PRE-RECESS ANNOUNCEMENT
Tonight, there will be a required public hearing on Council Bill 23-0272
changing the zoning classification for 5005 West 29th Avenue in West
Highland; a required public hearing on Council Bill 23-0283 changing the
zoning classification for multiple properties in Athmar Park and Valverde;
and a courtesy public hearing on Council Bill 23-0401 naming the
community park at 4000 N. Kirk Street as “William H. Whitsell Park”.
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
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City Council Agenda Monday, May 1, 2023
REQUIRED PUBLIC HEARINGS - BILLS FOR FINAL
CONSIDERATION
Land Use, Transportation & Infrastructure Committee
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.
COURTESY PUBLIC HEARINGS - BILLS FOR INTRODUCTION
Land Use, Transportation & Infrastructure Committee
23-0401 A bill for an ordinance naming the community park at 4000 N. Kirk
Street as “William H. Whitsell Park”.
Approves naming an unnamed park as “William H. Whitsell Park”, located at 4000
North Kirk Street in Council District 11. If ordered published, a public hearing will be
held on Monday, 5-1-2023. The Committee approved filing this item at its meeting
on 4-18-2023.
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City Council Agenda Monday, May 1, 2023
PRE-ADJOURNMENT ANNOUNCEMENT
Dependent upon publication, on Monday, May 22, 2023, Council will hold a
required public hearing on Council Bill 23-0421 amending Ordinance
20220424, Series 2022, to extend the deadlines by which an applicant must
obtain approval of a site development plan or site development plan
amendment in order to comply with the requirements of the Denver Zoning
Code, as it existed prior to July 1, 2022. Any protests against Council Bill
23-0421, must be filed with the Council Offices no later than noon on
Monday, May 15, 2023.
ADJOURN
PENDING
FOR 5-8-23
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.
FOR 5-15-23
23-0335 A bill for an ordinance changing the zoning classification for 8405
& 8415 East Colfax Avenue in East Colfax.
Approves a map amendment to rezone property from E-MS-3 to E-MS-5, located at
8405 & 8415 East Colfax Avenue in Council District 8. The Committee approved filing
this item at its meeting on 4-4-2023.
FOR 5-22-23
23-0374 A bill for an ordinance amending the Denver Zoning Code,
concerning relief processes of zoning standards.
Approves a Denver Zoning Code text amendment to create new administrative
adjustment and variance procedures. The Committee approved filing this item at its
meeting on 4-11-2023.
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City Council Agenda Monday, May 1, 2023
23-0375 A bill for an ordinance amending Chapter 59 of the Denver Revised
Municipal Code, concerning relief processes of zoning standards.
Amends Chapter 59 of the Denver Revised Municipal Code to allow properties that
retain zoning designation under Former Chapter 59 or that need to comply with
state or federal law, access to the text amendment approved in CB23-0374. The
Committee approved filing this item at its meeting on 4-11-2023.
23-0384 A bill for an ordinance designating 602 South Harrison Lane as a
structure for preservation.
Approves an individual landmark designation for a structure located at 602 South
Harrison Lane in Council District 10. The Committee approved filing this item at its
meeting on 4-11-2023.
Page 13