City Council

Minutes Monday, January 29, 2024, 3:30 PM PLEDGE OF ALLEGIANCE Council member Watson led the Pledge of Allegiance. LAND ACKNOWLEDGEMENT Council member Watson led the Land Acknowledgement. ROLL CALL Council member Lewis attended virtually. 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 22, 2024, were distributed to members of Council. Council President Torres ordered the minutes approved. 24-0108 Minutes of Monday, January 22, 2024. Council Minutes 24-0108 were approved. Approved COUNCIL ANNOUNCEMENTS Council members Sandoval, Sawyer, Watson and Romero Campbell offered announcements. PRESENTATIONS COMMUNICATIONS RECAP OF BILLS TO BE CALLED OUT RESOLUTIONS Page 1 Finance & Governance Committee 24-0031 A resolution approving a proposed Lease Agreement between the City and County of Denver and CoreCivic, Inc. for 4511 East 46th Avenue in Council District 8. Approves a Lease Agreement with CoreCivic, Inc for 4511 East 46th Avenue and an end date of 6-30-2024, in Council District 8. FINAN-202472066-00. The last regularly scheduled Council meeting within the 30-day review period is on 2-20-2024. The Committee approved filing this item at its meeting on 1-16-2024. Council member Lewis called this item out at the 1-29-2024 meeting for a one-week postponement to 2-05-2024. Pursuant to Council Rule 3.7, Council member Lewis called out this item at the 1-29-24 meeting for a one-week postponement to 2-05-24. Postponed Safety, Housing, Education & Homelessness Committee 24-0048 A resolution approving a proposed Funding Agreement between the City and County of Denver and Elevation Community Land Trust to provide funding for the acquisition of property located at 1523 and 1551 Verbena Street, which will be used as affordable housing. Approves a funding agreement with Elevation Community Land Trust in the amount of $1,600,000 to assist with the acquisition of a property, located at 1523 and 1551 Verbena Street, which currently contains nine dwelling units to be subsequently redeveloped to contain at least ten affordable for-sale units, in Council District 8 (HOST-202371985). The last regularly scheduled Council meeting within the 30-day review period is on 2-20-2024. The Committee approved filing this item at its meeting on 1-24-2024. Council member Lewis called this item out at the 1-29-2024 meeting for a one-week postponement to 2-05-2024. Pursuant to Council Rule 3.7, Council member Lewis called out this item at the 1-29-24 meeting for a one-week postponement to 2-05-24. Postponed BILLS FOR FINAL CONSIDERATION Safety, Housing, Education & Homelessness Committee Page 2 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 Parady, duly seconded by Council member Sandoval, that Council Bill 23-1960 be placed upon final consideration and do pass, 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.” 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 has memorialized in writing in the order of removal the Department’s conclusion that enforcement 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 and facts supporting that conclusion.” 3. On page 2, strike lines 18-21 and replace with the following: “(2) The manager of the department of public health and environment has memorialized in writing the department’s conclusion that enforcement 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 and facts supporting that conclusion; and ” 4. On page 3, strike line 21 and replace with “period when the removal will occur.” 5. On page 3, strike lines 22-25 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 memorialized in writing the department’s conclusion that removal of the shelter is or was necessary to mitigate a condition that would cause greater imminent peril to the health or safety of any person than Page 3 the threat to health posed by exposure to existing weather conditions and facts supporting that conclusion.” 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) A motion offered by Council member Parady, duly seconded by Council member Sandoval, that Council Bill 23-1960 be placed upon final consideration and do pass as amended, carried by the following vote: Placed upon final consideration and do pass as amended Aye: Gilmore, Gonzales-Gutierrez, Kashmann, Lewis, Parady, Sandoval, Torres (7) Nay: Alvidrez, Flynn, Hinds, Romero Campbell, Sawyer, Watson (6) Block Vote A motion offered by Council member Watson, 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) PROCLAMATIONS 24-0087 A Proclamation Honoring Brad Meuli for 25 years of service to Denver Rescue Mission (consent) A motion offered by Council member Watson, duly seconded by Council member Hinds, that Council Proclamation 24-0087 be adopted en bloc, carried by the following vote: Adopted Page 4 Aye: Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds, Kashmann, Lewis, Parady, Romero Campbell, Sandoval, Sawyer, Torres, Watson (13) Nay: (None) (0) RESOLUTIONS Business, Arts, Workforce, & Aviation Services Committee 24-0020 A resolution approving a proposed Agreement between the City and County of Denver and Coffman Engineers, Inc. concerning fire code required smoke control testing services at Denver International Airport. Approves a contract with Coffman Engineers, Inc. for $600,000 and for a term of three years for a fire code required smoke control testing agreement, at Denver International Airport in Council District 11. PLANE-202368643. The last regularly scheduled Council meeting within the 30-day review period is on 2-20-2024. The Committee approved filing this item at its meeting on 1-17-2024. A motion offered by Council member Watson, duly seconded by Council member Hinds, that Council Resolution 24-0020 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) 24-0021 A resolution approving a proposed Agreement between the City and County of Denver and DELTA AIR LINES, INC. concerning a use and lease agreement for rates and charges to provide passenger services at Denver International Airport. Approves a Use and Lease Agreement with Delta Air Lines Inc. (Delta) applying rates and charges with an end date of 2-28-2035, to lease space and gates at Denver International Airport, in Council District 11. PLANE-202370263. The last regularly scheduled Council meeting within the 30-day review period is on 2-20-2024. The Committee approved filing this item at its meeting on 1-17-2024. A motion offered by Council member Watson, duly seconded by Council member Hinds, that Council Resolution 24-0021 be adopted en bloc, carried by the following vote: Adopted Page 5 Aye: Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds, Kashmann, Lewis, Parady, Romero Campbell, Sandoval, Sawyer, Torres, Watson (13) Nay: (None) (0) 24-0022 A resolution approving a proposed Agreement between the City and County of Denver and LAZ Parking Midwest, LLC to provide shuttle services at Denver International Airport. Approves a contract with LAZ Parking Midwest, LLC for $371,098,983.41 and for seven years with three one-year options to extend, to provide shuttle services at Denver International Airport, in Council District 11. PLANE-202368959. The last regularly scheduled Council meeting within the 30-day review period is on 2-20-2024. The Committee approved filing this item at its meeting on 1-17-2024. A motion offered by Council member Watson, duly seconded by Council member Hinds, that Council Resolution 24-0022 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) Finance & Governance Committee 24-0009 A resolution approving the City Council reappointments of Leslie Mitchell and Florine Nath to the Audit Committee Approves the City Council reappointments of Leslie Mitchell and Florine Nath to the Audit Committee. The Committee approved filing this item at its meeting on 1-16-2024. A motion offered by Council member Watson, duly seconded by Council member Hinds, that Council Resolution 24-0009 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 6 24-0010 A resolution approving the City Council appointment of Lila Hailey to the Head Start Policy Council. Approves the City Council appointment of Lila Hailey to the Head Start Policy Council. The Committee approved filing this item at its meeting on 1-16-2024. A motion offered by Council member Watson, duly seconded by Council member Hinds, that Council Resolution 24-0010 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) 24-0019 A resolution approving the Mayor’s appointments and reappointments to the Denver American Indian Commission. Confirms the Mayoral appointments and reappointments of the following individuals to the Denver American Indian Commission for a term of 3 years with an end date of 12-31-2026: Reappointment of Danielle SeeWalker, Rafael Maldonado Bad Hand, Thomas Allen, Shawna Maher, and Joshua Emerson. Appointment of Noelle Bailey, Philip Gover, (Cecelia) Bernice Bull Bear Duncan, and Trennie Burch. The Committee approved filing this item at its meeting on 1-16-2024. A motion offered by Council member Watson, duly seconded by Council member Hinds, that Council Resolution 24-0019 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) Land Use, Transportation & Infrastructure Committee Page 7 24-0013 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 Logan Street, East 16th Avenue, North Grant Street, and East Colfax Avenue. Dedicates a parcel of land as Public Right-of-Way as Public Alley, bounded by North Logan Street, East 16th Avenue, North Grant Street, and East Colfax Avenue, in Council District 10. The Committee approved filing this item at its meeting on 1-16-2024. A motion offered by Council member Watson, duly seconded by Council member Hinds, that Council Resolution 24-0013 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) 24-0014 A resolution laying out, opening and establishing as part of the City street system a parcel of land as West Holden Place, located at the intersection of West Holden Place and North Decatur Street. Dedicates a parcel of land as Public Right-of-Way as West Holden Place, located at the intersection of West Holden Place and North Decatur Street, in Council District 3. The Committee approved filing this item at its meeting on 1-16-2024. A motion offered by Council member Watson, duly seconded by Council member Hinds, that Council Resolution 24-0014 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 24-0015 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 Lincoln Street, East 4th Avenue, North Sherman Street, and East 5th Avenue. Dedicates a parcel of land as Public Right-of-Way as Public Alley, bounded by North Lincoln Street, East 4th Avenue, North Sherman Street and East 5th Avenue, in Council District 7. The Committee approved filing this item at its meeting on 1-16-2024. A motion offered by Council member Watson, duly seconded by Council member Hinds, that Council Resolution 24-0015 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) 24-0016 A resolution approving a proposed Contract between the City and County of Denver and Stream Design, LLC for architectural and engineering design services for 47th and Walden - New Park design, in Council District 11. Approves a contract with Stream Design, LLC for $1,022,737 and a term of 791 days for architectural and engineering design services for 47th and Walden - New Park design, in Council District 11. DOTI-202371123. The last regularly scheduled Council meeting within the 30-day review period is on 2-20-2024. The Committee approved filing this item at its meeting on 1-16-2024. A motion offered by Council member Watson, duly seconded by Council member Hinds, that Council Resolution 24-0016 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 9 24-0026 A resolution approving a proposed Contract between the City and County of Denver and CPC Constructors, Inc., for on-call parks installation, maintenance, rehabilitation, and restoration services, citywide. Approves an on-call contract with CPC Constructors, Inc. for up to $7,500,000 and a term of 3 years for on-call small business workforce parks installation, maintenance, rehabilitation and restoration services, citywide. PARKS-202371327. The last regularly scheduled Council meeting within the 30-day review period is on 2-20-2024. The Committee approved filing this item at its meeting on 1-16-2024. A motion offered by Council member Watson, duly seconded by Council member Hinds, that Council Resolution 24-0026 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) 24-0027 A resolution approving a proposed Contract between the City and County of Denver and CTM Inc., for on-call parks installation, maintenance, rehabilitation, and restoration services, citywide. Approves an on-call contract with CTM Inc. for up to $7,500,000 and a term of 3 years for on-call small business workforce parks installation, maintenance, rehabilitation and restoration services, citywide. PARKS-202371367. The last regularly scheduled Council meeting within the 30-day review period is on 2-20-2024. The Committee approved filing this item at its meeting on 1-16-2024. A motion offered by Council member Watson, duly seconded by Council member Hinds, that Council Resolution 24-0027 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 10 24-0028 A resolution approving a proposed Contract between the City and County of Denver and Rhinotrax Construction, Inc., for on-call parks installation, maintenance, rehabilitation, and restoration services, citywide. Approves an on-call contract with Rhinotrax Construction, Inc. for up to $7,500,000 and a term of 3 years for on-call small business workforce parks installation, maintenance, rehabilitation and restoration services, citywide. PARKS-202371347. The last regularly scheduled Council meeting within the 30-day review period is on 2-20-2024. The Committee approved filing this item at its meeting on 1-16-2024. A motion offered by Council member Watson, duly seconded by Council member Hinds, that Council Resolution 24-0028 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) 24-0029 A resolution approving a proposed Contract between the City and County of Denver and Wilderness Construction Co., for on-call parks installation, maintenance, rehabilitation, and restoration services, citywide. Approves an on-call contract with Wilderness Construction Co. for up to $7,500,000 and a term of 3 years for on-call small business workforce parks installation, maintenance, rehabilitation and restoration services, citywide. PARKS-202371394. The last regularly scheduled Council meeting within the 30-day review period is on 2-20-2024. The Committee approved filing this item at its meeting on 1-16-2024. A motion offered by Council member Watson, duly seconded by Council member Hinds, that Council Resolution 24-0029 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 11 BILLS FOR INTRODUCTION Land Use, Transportation & Infrastructure Committee 24-0011 A bill for an ordinance changing the zoning classification for 2360 North Cherry Street in North Park Hill. Approves a map amendment to rezone property from U-SU C to U-SU-C1, located at 2360 North Cherry Street, in Council District 9. A public hearing will be held on Tuesday, 2-20-2024. The Committee approved filing this item at its meeting on 1-16-2024. Council Bill 24-0011 was ordered published with a future required public hearing on 2/20/2024. Ordered published with a future required public hearing 24-0012 A bill for an ordinance changing the zoning classification for 653 North Marion Street in Country Club. Approves a map amendment to rezone property from U-SU-C to U-SU-C1, located at 653 North Marion Street, in Council District 5. A public hearing will be held on Tuesday, 2-20-2024. The Committee approved filing this item at its meeting on 1-16-2024. Council Bill 24-0012 was ordered published with a future required public hearing on 2/20/2024. Ordered published with a future required public hearing Safety, Housing, Education & Homelessness Committee Page 12 24-0025 A bill for an ordinance approving a proposed Amendatory Agreement between the City and County of Denver and Denver Health and Hospital Authority, to provide paramedics and vans in support of the Support Team Assisted Response (STAR) program. Amends an intergovernmental agreement with Denver Health and Hospital Authority by adding $2,618,668 for a new total of $5,113,900.57 and one year with a new end date of 12-31-2024 to continue to provide paramedics and vans in support of the Support Team Assisted Response (STAR) program, citywide. ENVHL-202371479-01/ENVHL-202265543-01. The last regularly scheduled Council meeting within the 30-day review period is on 2-20-2024. The Committee approved filing this item at its meeting on 1-17-2024. Council Bill 24-0025 was ordered published. Ordered published BILLS FOR FINAL CONSIDERATION Finance & Governance Committee 23-2020 A bill for an ordinance amending the classification and pay plan for employees in the Career Service and for certain employees not in the Career Service. Amends the Classification and Pay Plan for multiple small impact changes, provisionally approved by the Office of Human Resources Executive Director for the period of July 2023 through December 2023. The Committee approved filing this item at its meeting on 1-9-2024. A motion offered by Council member Watson, duly seconded by Council member Hinds, that Council Bill 23-2020 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) Page 13 PRE-RECESS ANNOUNCEMENT Council President Torres announced that tonight, there will be a required public hearing on Council Bill 23-1716 changing the zoning classification for 4001 & 4021 North Fillmore Street in Elyria Swansea; and a required public hearing on Council Bill 23-1850 changing the zoning classification for 3051 Lawrence Street in Five Points. Anyone wishing to speak on either 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 PROCLAMATIONS PUBLIC HEARINGS - BILLS FOR FINAL CONSIDERATION Land Use, Transportation & Infrastructure Committee 23-1716 A bill for an ordinance changing the zoning classification for 4001 & 4021 North Fillmore Street in Elyria Swansea. Approves a map amendment to rezone a property located at 4001 and 4021 North Fillmore Street from E-SU-B & PUD 140 to U-MS-3, in Council District 9. The Committee approved filing this item at its meeting on 12-5-2023. Council sat as a Committee of the Whole, commencing at 5:34 p.m., Council President Torres presiding, to continue the public hearing that was held on 1-16-24. A motion offered by Council member Watson, duly seconded by Council member Hinds, that Council Bill 23-1716 be placed upon final consideration and do pass, carried by the following vote: Placed upon final consideration and do pass Aye: Flynn, Gilmore, Hinds, Kashmann, Parady, Romero Campbell, Sandoval, Sawyer, Torres, Watson (10) Nay: Alvidrez, Gonzales-Gutierrez, Lewis (3) Page 14 23-1850 A bill for an ordinance changing the zoning classification for 3051 Lawrence Street in Five Points. Approves a map amendment to rezone property from G-RH-3, UO-3 to G-RX-3, located at 3051 Lawrence Street, in Council District 9. A public hearing will be held on Monday, 1-29-2024.The Committee approved filing this item at its meeting on 12-12-2023. Council sat as a Committee of the Whole, commencing at 5:47 p.m., Council President Torres presiding, to hear speakers on Council Bill 23-1850. Joel Noble, Stephen Bennett, and Keith Pryor signed up to speak in favor of the bill. Jesse Parris, Ashley Albright, Danielle Simoneau, Kyle Flaming, Kevin Bogart, Ana Varela, and Eileen Feltman signed up to speak in opposition of the bill. Tony Lechuga of Community Planning and Development delivered the staff report. A motion offered by Council member Watson, duly seconded by Council member Flynn, that Council Bill 23-1850 be placed upon final consideration and do pass, failed to carry by the following vote: Placed upon final consideration and do pass Aye: Alvidrez, Gilmore, Hinds, Romero Campbell, Sandoval, Watson (6) Nay: Flynn, Gonzales-Gutierrez, Kashmann, Lewis, Parady, Sawyer, Torres (7) PRE-ADJOURNMENT ANNOUNCEMENT Council President Torres announced that on Tuesday, February 20, 2024, Council will hold a required public hearing on Council Bill 24-0011 changing the zoning classification for 2360 North Cherry Street in North Park Hill; and a required public hearing on Council Bill 24-0012 changing the zoning classification for 653 North Marion Street in Country Club. Any protests against Council Bill 24-011 or Council Bill 24-0012 must be filed with the Council Offices no later than noon on Monday, February 12, 2024. ADJOURN There being no further business before the City Council, Council President Torres adjourned the meeting at 7:49 p.m. Page 15  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 16