City Council

Minutes Monday, January 8, 2024, 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 Present: Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds, Kashmann, Lewis, Parady, Romero Campbell, Sandoval, Sawyer, Torres, Watson (13) APPROVAL OF THE MINUTES The minutes of January 2, 2024, were distributed to members of Council. Council President Torres ordered the minutes approved. 24-0007 Minutes of Tuesday, January 2, 2024. Council Minutes 24-0007 were approved. Approved COUNCIL ANNOUNCEMENTS Council members Sawyer, Hinds, and Sandoval offered announcements. PRESENTATIONS 23-1874 Denver Colfax Marathon Government Relay Presentation Council Presentation 23-1874 was heard at council Heard at council COMMUNICATIONS Page 1 PROCLAMATIONS RECAP OF BILLS TO BE CALLED OUT BILLS FOR INTRODUCTION Safety, Housing, Education & Homelessness Committee 23-1960 A bill for an ordinance amending Chapters 24, 38, and 49 of the Revised Municipal Code concerning the removal of shelter when the outside temperature is predicted to be thirty-two degrees Fahrenheit or lower. For an ordinance amending Chapters 24, 38, and 49 of the Revised Municipal Code concerning the removal of shelter when the outside temperature is predicted to be thirty-two degrees Fahrenheit or lower. The Committee approved filing this item at its meeting on 12-20-2023. A motion offered by Council member Gilmore, duly seconded by Council member Hinds, that Council Bill 23-1960 be ordered published, was followed by a motion offered by Council member Parady, duly seconded by Council member Hinds, that Council Bill 23-1960 be amended in the following particulars: 1. On page 2, strike line 1 and replace with: “period when the removal will occur or within two (2) hours after anticipated completion of the removal.” 2. On page 2, strike line 11 and replace with the following: “(1) The external ambient” 3. On page 3, strike line 12 and replace with: “period when the removal will occur or within two (2) hours after anticipated completion of the removal.” The motion to amend carried by the following vote: Amended Aye: Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds, Kashmann, Lewis, Parady, Romero Campbell, Sandoval, Sawyer, Torres, Watson (13) Nay: (None) (0) Page 2 A motion offered by Council member Gilmore, duly seconded by Council member Hinds, that Council Bill 23-1960 be ordered published, was followed by a motion offered by Council member Parady, duly seconded by Council member Sandoval, that Council Bill 23-1960 be amended in the following particulars: 1. On page 1, line 34 strike “86.2(d)(1)” and replace with “86.2(e)(1)” 2. On page 2, strike lines 2-5 and replace with the following: “(1) It shall be an exception to this subsection (b) if the manager certifies in the order of removal, by reasons of facts stated in writing, that removal of a shelter is necessary to mitigate a condition that would cause greater imminent peril to the health or safety of any person than the threat to health posed by exposure to existing weather conditions. (2) Nothing in this subsection (b) shall prohibit an agency or department from offering medical or human services assistance, including but not limited to, mental health treatment, drug or alcohol rehabilitation, homeless services assistance, or temporary or permanent housing solutions regardless of the external ambient temperature.” 3. On page 2, after line 33, add the following: “(d) Nothing in subsection (c) above shall be construed to prohibit an agency or department from offering medical or human services assistance, including but not limited to, mental health treatment, drug or alcohol rehabilitation, homeless services assistance, or temporary or permanent housing solutions regardless of the external ambient temperature. (de)” 3. On page 3, line 10, strike “86.2(d)(1)” and replace with “86.2(e)(1)” 4. On page 3, strike lines 13-17 and replace with the following: “(1) It shall be an exception to this subsection (b) if the manager of the Department of Public Health and Environment has certified, by reasons of facts stated in writing, that removal of a shelter is or was necessary to mitigate a condition that would cause greater imminent peril to the health or safety of any person than the threat to health posed by exposure to existing weather conditions. (2) Nothing in this subsection (b) shall prohibit an agency or department from offering medical or human services assistance, including but not limited to, mental health treatment, drug or alcohol rehabilitation, homeless services assistance, or temporary or permanent housing solutions regardless of the external ambient temperature.” Page 3 The motion to amend carried by the following vote: Amended Aye: Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds, Kashmann, Lewis, Parady, Romero Campbell, Sandoval, Sawyer, Torres, Watson (13) Nay: (None) (0) PRE-RECESS ANNOUNCEMENT Council President Torres announced that tonight, there will be a required public hearing on Council Bill 23-1714 changing the zoning classification for 1645 North Grape Street in South Park Hill; a required public hearing on Council Bill 23-1836 changing the zoning classification for 434 South High Street in Washington Park; and a required public hearing on Council Bill 23-1484 changing the zoning classification for 5107 - 5135 North Emerson Street in Globeville. Anyone wishing to speak on any of these matters should go online to sign up during the recess of Council. RECESS Council took a recess. COUNCIL RECONVENES AND RESUMES ITS REGULAR SESSION UNFINISHED BUSINESS The following items were considered or conducted under Unfinished Business (consideration of Council Bill 23-1960, as amended, and the block vote): RECAP OF BILLS TO BE CALLED OUT BILLS FOR INTRODUCTION Safety, Housing, Education & Homelessness Committee 23-1960 A bill for an ordinance amending Chapters 24, 38, and 49 of the Revised Municipal Code concerning the removal of shelter when the outside temperature is predicted to be thirty-two degrees Fahrenheit or lower. For an ordinance amending Chapters 24, 38, and 49 of the Revised Municipal Code concerning the removal of shelter when the outside temperature is predicted to be thirty-two degrees Fahrenheit or lower. The Committee approved filing this item at its meeting on 12-20-2023. A motion offered by Council member Gilmore, duly seconded by Council member Hinds, that Council Bill 23-1960 be ordered published as amended, carried by the following vote: Ordered published as amended Page 4 Aye: Alvidrez, Gilmore, Gonzales-Gutierrez, Hinds, Kashmann, Lewis, Parady, Sandoval, Torres (9) Nay: Flynn, Romero Campbell, Sawyer, Watson (4) Block Vote A motion offered by Council member Gilmore, duly seconded by Council member Hinds, to approve the following items en bloc, carried by the following vote: Approved the consent agenda Aye: Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds, Kashmann, Lewis, Parady, Romero Campbell, Sandoval, Sawyer, Torres, Watson (13) Nay: (None) (0) RESOLUTIONS Finance & Governance Committee 23-1972 A resolution approving the City Council reappointment of Mark Marshall to the Housing Stability Strategic Advisors. Approves the City Council reappointment of Mark Marshall to the Housing Stability Strategic Advisors. The Committee approved filing this item at its meeting on 12-26-2023. A motion offered by Council member Gilmore, duly seconded by Council member Hinds, that Council Resolution 23-1972 be adopted en bloc, carried by the following vote: Adopted Aye: Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds, Kashmann, Lewis, Parady, Romero Campbell, Sandoval, Sawyer, Torres, Watson (13) Nay: (None) (0) Page 5 23-1973 A resolution approving the City Council appointment of Megan Berry to the Head Start Policy Council. Approving the City Council appointment of Megan Berry to the Head Start Policy Council. The Committee approved filing this item at its meeting on 12-26-2023. A motion offered by Council member Gilmore, duly seconded by Council member Hinds, that Council Resolution 23-1973 be adopted en bloc, carried by the following vote: Adopted Aye: Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds, Kashmann, Lewis, Parady, Romero Campbell, Sandoval, Sawyer, Torres, Watson (13) Nay: (None) (0) 23-1980 A resolution approving a proposed amendment to master purchase order with Jebro Incorporated to increase funding to continue providing liquid asphalt for the City’s asphalt plant, citywide. Amends a master purchase order with Jebro, Incorporated to add $2,000,000 for a new total of $17,000,000 with no change to term length to provide liquid asphalt for the City’s asphalt plant, citywide. SC-0004563. The last regularly scheduled Council meeting within the 30-day review period is on 1-29-2024. The Committee approved filing this item at its meeting on 12-26-2023. A motion offered by Council member Gilmore, duly seconded by Council member Hinds, that Council Resolution 23-1980 be adopted en bloc, carried by the following vote: Adopted Aye: Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds, Kashmann, Lewis, Parady, Romero Campbell, Sandoval, Sawyer, Torres, Watson (13) Nay: (None) (0) Safety, Housing, Education & Homelessness Committee Page 6 23-1922 A resolution approving a proposed First Amendatory Agreement between the City and County of Denver and The Colorado Coalition for the Homeless to award additional funding and extending the term for the Supportive Housing Pay for Performance program. Amends a contract with The Colorado Coalition for the Homeless by adding $3,377,000 for a new total of $6,754,000 and 1 additional year for a new end term of 12-31-2024 to continue the Supportive Housing Pay for Performance program that aids people experiencing homelessness with housing and supportive services, citywide. HOST-202371409-01 (HOST-202265783). The last regularly scheduled Council meeting within the 30-day review period is on 1-29-2024. The Committee approved filing this item at its meeting on 12-13-2023. A motion offered by Council member Gilmore, duly seconded by Council member Hinds, that Council Resolution 23-1922 be adopted en bloc, carried by the following vote: Adopted Aye: Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds, Kashmann, Lewis, Parady, Romero Campbell, Sandoval, Sawyer, Torres, Watson (13) Nay: (None) (0) 23-1974 A resolution approving a proposed Agreement between the City and County of Denver and Colorado Health Network, Inc. for outreach, naloxone distribution, educational training and other harm reduction programming. Approves a contract with Colorado Health Network for $1,000,700.03 and a term ending on 12-31-2024 for outreach, naloxone distribution, educational training and other harm reduction programming, citywide. ENVHL-202370724. The last regularly scheduled Council meeting within the 30-day review period is on 1-29-2024. The Committee approved filing this item at its meeting on 12-27-2023. A motion offered by Council member Gilmore, duly seconded by Council member Hinds, that Council Resolution 23-1974 be adopted en bloc, carried by the following vote: Adopted Aye: Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds, Kashmann, Lewis, Parady, Romero Campbell, Sandoval, Sawyer, Torres, Watson (13) Nay: (None) (0) Page 7 23-1976 A resolution approving a proposed Agreement between the City and County of Denver and Environmental Hazmat Services, Inc. for hazardous materials management services. Approves an on-call contract with Environmental Hazmat Services, Inc. for a maximum amount of $15,000,000 and for a term of three years for hazardous materials management services, citywide. ESEQD-202370232-00. The last regularly scheduled Council meeting within the 30-day review period is on 1-29-2024. The Committee approved filing this item at its meeting on 12-27-2023. A motion offered by Council member Gilmore, duly seconded by Council member Hinds, that Council Resolution 23-1976 be adopted en bloc, carried by the following vote: Adopted Aye: Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds, Kashmann, Lewis, Parady, Romero Campbell, Sandoval, Sawyer, Torres, Watson (13) Nay: (None) (0) 23-1978 A resolution approving a proposed Agreement between the City and County of Denver and CG Environmental, Inc. for hazardous materials management services. Approves an on-call contract with CG Environmental, Inc. for a maximum amount of $5,000,000 and for three years for hazardous materials management services, citywide. ESEQD-202370276-00. The last regularly scheduled Council meeting within the 30-day review period is on 1-29-2024. The Committee approved filing this item at its meeting on 12-27-2023. A motion offered by Council member Gilmore, duly seconded by Council member Hinds, that Council Resolution 23-1978 be adopted en bloc, carried by the following vote: Adopted Aye: Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds, Kashmann, Lewis, Parady, Romero Campbell, Sandoval, Sawyer, Torres, Watson (13) Nay: (None) (0) Page 8 23-1979 A resolution approving a proposed Agreement between the City and County of Denver and ET Technologies, Inc. for hazardous materials management services. Approves an on-call contract with ET Technologies, Inc. for a maximum amount of $15,000,000 and for three years for hazardous materials management services, citywide. ESEQD-202370291-00. The last regularly scheduled Council meeting within the 30-day review period is on 1-29-2024. The Committee approved filing this item at its meeting on 12-27-2023. A motion offered by Council member Gilmore, duly seconded by Council member Hinds, that Council Resolution 23-1979 be adopted en bloc, carried by the following vote: Adopted Aye: Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds, Kashmann, Lewis, Parady, Romero Campbell, Sandoval, Sawyer, Torres, Watson (13) Nay: (None) (0) BILLS FOR INTRODUCTION Land Use, Transportation & Infrastructure Committee 23-1939 A bill for an ordinance approving and accepting the Near Northwest Area Plan, which Plan shall become a part of Comprehensive Plan 2040 for the City and County of Denver pursuant to the provisions of Section 12-61 of the Denver Revised Municipal Code. Adopts the Near Northwest Area Plan as a supplement to Comprehensive Plan 2040, in Council District 1. A public hearing will be held on Monday, 1-22-2024. The Committee approved filing this item at its meeting on 12-26-2023. Council Bill 23-1939 was ordered published with a future courtesy public hearing on 1/22/2024. Ordered published with a future courtesy public hearing BILLS FOR FINAL CONSIDERATION Finance & Governance Committee Page 9 23-1941 A bill for an ordinance amending Ordinance No. 1287, Series of 2021, concerning the “Medical Self Insurance” Internal Service Fund. Amends Ordinance 1287, Series of 2021, to change the budget basis of the Medical Self Insurance Internal Service Fund from appropriated to revenue-based to align the budget with program revenue received, citywide. The Committee approved filing this item at its meeting on 12-19-23. A motion offered by Council member Gilmore, duly seconded by Council member Hinds, that Council Bill 23-1941 be placed upon final consideration and do pass en bloc, carried by the following vote: Placed upon final consideration and do pass Aye: Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds, Kashmann, Lewis, Parady, Romero Campbell, Sandoval, Sawyer, Torres, Watson (13) Nay: (None) (0) Land Use, Transportation & Infrastructure Committee 23-1920 A bill for an ordinance relinquishing an easement, in its entirety, established in the Easement Agreement, recorded with the Denver Clerk & Recorder at Reception No. 2007131798, located at 8890 East Lowry Boulevard. Relinquishes an easement in its entirety established in the Easement Agreement, Recordation Number 2007131798 located at 8890 East Lowry Boulevard, in Council District 5. The last regularly scheduled Council meeting within the 30-day review period is on 1-16-2024. The Committee approved filing this item at its meeting on 12-12-2023. A motion offered by Council member Gilmore, duly seconded by Council member Hinds, that Council Bill 23-1920 be placed upon final consideration and do pass en bloc, carried by the following vote: Placed upon final consideration and do pass Aye: Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds, Kashmann, Lewis, Parady, Romero Campbell, Sandoval, Sawyer, Torres, Watson (13) Nay: (None) (0) Safety, Housing, Education & Homelessness Committee Page 10 23-1882 A bill for an ordinance approving a proposed Third Amendatory Agreement between the City and County of Denver and State of Colorado Department of Human Services, Division of Youth Services, to perform detention screening and pre-trial services for youth, citywide. Amends an agreement with the State of Colorado Department of Human Services, Division of Youth Services to add $21,225 for a new total of $3,352,743.17 and 3 additional months for a new end term of 9-30-2024 to perform detention screening and pre-trial services for youth, citywide. 202371092-03 (202263432). The last regularly scheduled Council meeting within the 30-day review period is on 1-22-2024. The Committee approved filing this item at its meeting on 12-20-2023. A motion offered by Council member Gilmore, duly seconded by Council member Hinds, that Council Bill 23-1882 be placed upon final consideration and do pass en bloc, carried by the following vote: Placed upon final consideration and do pass Aye: Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds, Kashmann, Lewis, Parady, Romero Campbell, Sandoval, Sawyer, Torres, Watson (13) Nay: (None) (0) 23-1921 A bill for an ordinance amending Ordinance No. 20181502 Series of 2019 as amended by Ordinance No. 20201231 Series of 2020: (i) authorizing the appointment of The Money Source Inc. as an additional servicer under the metroDPA Program; and (ii) authorizing the execution of all Additional Program Documents to add The Money Source Inc. as an additional servicer. Amends Ordinance No. 20181502, Series of 2019, as amended by Ordinance No. 20201231, Series of 2020 to authorize the appointment of The Money Source Inc. as an additional servicer under the metroDPA program and authorizes the execution of all Additional Program Documents to add The Money Source Inc. as an additional servicer, citywide. The Committee approved filing this item at its meeting on 12-13-2023. A motion offered by Council member Gilmore, duly seconded by Council member Hinds, that Council Bill 23-1921 be placed upon final consideration and do pass en bloc, carried by the following vote: Placed upon final consideration and do pass Aye: Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds, Kashmann, Lewis, Parady, Romero Campbell, Sandoval, Sawyer, Torres, Watson (13) Page 11 Nay: (None) (0) PROCLAMATIONS 24-0003 A Proclamation Honoring Reverend Brian Henderson and the First Baptist Church A motion offered by Council member Hinds, duly seconded by Council member Kashmann, that Council Proclamation 24-0003 be adopted, carried by the following vote: Adopted Aye: Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds, Kashmann, Lewis, Parady, Romero Campbell, Sandoval, Sawyer, Torres, Watson (13) Nay: (None) (0) PUBLIC HEARINGS - BILLS FOR FINAL CONSIDERATION Land Use, Transportation & Infrastructure Committee 23-1483 A bill for an ordinance changing the zoning classification for 4850 North Federal Boulevard in Chaffee Park. Approves a map amendment to rezone a property from B-3 and P-1 to E-CC-3x, located at 4850 North Federal Boulevard, in Council District 1. The Committee approved filing this item at its meeting on 10-17-2023. A public hearing was conducted at the 12-04-23 meeting before Council postponed this item to 1-08-24. A public hearing for Council Bill 23-1483 was conducted on the 12-04-23 meeting. Council Bill 23-1483 was then postponed to the 01-08-24 meeting. A motion offered by Council member Gilmore, duly seconded by Council member Flynn, that Council Bill 23-1483 be placed upon final consideration and do pass, failed to carry by the following vote: Placed upon final consideration and do pass Aye: Flynn, Gilmore, Kashmann, Romero Campbell, Torres, Watson (6) Nay: Alvidrez, Gonzales-Gutierrez, Lewis, Parady, Sandoval, Sawyer (6) Absent: Hinds (1) Page 12 23-1714 A bill for an ordinance changing the zoning classification for 1645 North Grape Street in South Park Hill. Approves a map amendment to rezone a property located at 1645 North Grape Street from U-SU-C to U-SU-C1, located in Council District 9. The Committee approved filing this item at its meeting on 11-14-2023. Council sat as a Committee of the Whole, commencing at 7:09 p.m., Council President Torres presiding, to hear speakers on Council Bill 23-1714. Jesse Parris signed up to speak in favor of the bill. No speakers signed up to speak in opposition of the bill. William Prince of Community Planning and Development delivered the staff report. A motion offered by Council member Gilmore that Council Bill 23-1714 be placed upon final consideration and do pass, carried by the following vote: Placed upon final consideration and do pass Aye: Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds, Kashmann, Lewis, Parady, Romero Campbell, Sandoval, Sawyer, Torres, Watson (13) Nay: (None) (0) 23-1836 A bill for an ordinance changing the zoning classification for 434 South High Street in Washington Park. Approves a map amendment to rezone property from U-SU-C to U-SU-C1, located at 434 South High Street in Council District 6. The Committee approved filing this item at its meeting on 11-28-2023. Council sat as a Committee of the Whole, commencing at 7:17 p.m., Council President Torres presiding, to hear speakers on Council Bill 23-1836. Brian Way and Jesse Parris signed up to speak in favor of the bill. No speakers signed up to speak in opposition of the bill. Fritz Clauson of Community Planning and Development delivered the staff report. A motion offered by Council member Gilmore, duly seconded by Council member Flynn, that Council Bill 23-1836 be placed upon final consideration and do pass, carried by the following vote: Placed upon final consideration and do pass Aye: Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds, Kashmann, Lewis, Parady, Romero Campbell, Sandoval, Sawyer, Torres, Watson (13) Nay: (None) (0) Page 13 23-1484 A bill for an ordinance changing the zoning classification for 5107 - 5135 North Emerson Street in Globeville. Approves a map amendment to rezone a property from I-A, UO-2 to G-RX-5, located at 5107, 5111, 5115, 5117, 5135 North Emerson Street, in Council District 9. The Committee approved filing this item at its meeting on 10-17-2023. Council sat as a Committee of the Whole, commencing at 7:25 p.m., Council President Torres presiding, to hear speakers on Council Bill 23-1484. Jesse Parris signed up to speak in favor of the bill.No speakers signed up to speak in opposition of the bill. Fran Peñafiel of Community Planning and Development delivered the staff report. A motion offered by Council member Gilmore, duly seconded by Council member Flynn, that Council Bill 23-1484 be placed upon final consideration and do pass, carried by the following vote: Placed upon final consideration and do pass Aye: Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds, Kashmann, Lewis, Parady, Romero Campbell, Sandoval, Sawyer, Torres, Watson (13) Nay: (None) (0) PRE-ADJOURNMENT ANNOUNCEMENT Council President Torres announced that on Monday, January 22, 2024, Council will hold a courtesy public hearing on Council Bill 23-1939 approving and accepting the Near Northwest Area Plan, which Plan shall become a part of Comprehensive Plan 2040 for the City and County of Denver pursuant to the provisions of Section 12-61 of the Denver Revised Municipal Code. ADJOURN There being no further business before the City Council, Council President Torres adjourned the meeting at 7:43 p.m. Page 14  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 15