Denver City Council Regular Meeting - August 12, 2024

The Denver City Council met at 3:30 PM on Monday, August 12, 2024, in the Cathy Reynolds City Council Chamber, with 13 members present. Council President Amanda Sandoval presided. The meeting included routine approvals, a proclamation, en bloc voting, and four public hearings before adjourning at 11:30 PM.

Consent Calendar

• Approved the August 5, 2024 meeting minutes (24-1044).
• Adopted Proclamation 24-1047 honoring Denver Police Surgeons Dr. Frank Dulin and Dr. Robert M. Campbell by a 13-0 vote.
• Adopted resolutions en bloc by 13-0, including: a $1,079,811.40 wireless access point refresh contract with Advanced Network Management Inc.; two amendments for on-call geospatial services at Denver International Airport with HNTB Corporation and Woolpert Inc.; appointments of Tara Reeb, Chris Watney, and Alfredo Reyes to boards; a housing revenue bond intent resolution; the Denver International Business Center Filing No. 11 plat; Head Start delegate agreements with Catholic Charities (144 children) and Family Star (63 children); a $2,500,000 Strong Communities Infrastructure Grant for the Denverado at Welton project; and liability claim settlements of $350,000 and $39,911.29 for Denver Police Department matters. Councilmember Lewis noted that with these approvals, the 2024 running total of taxpayer dollars in city settlements was $3,745,911.29.
• Placed bills on final consideration and passed en bloc by 13-0: Denver Youth Employment Program amendment; creation of the OHR Special Events and Programs fund; airport capital equipment purchases; vacation of an alley right-of-way in District 1; two South Platte River flood control/trail agreements (adding $2,735,000 and $2,400,000); and an $8,500,000 agreement with Denver Housing Authority for phase one of a Sun Valley park.
• Ordered published bills for introduction: 24-0986 (Parks and Recreation vehicle purchases), 24-0987 (Denver Human Services pickup truck), 24-0937 (Westwood rezoning), 24-0819 (Denver Public Schools Head Start agreement, $3,556,842.84), and 24-0918 (DPS behavioral health programming amendment, adding $861,100).
• Postponed Resolution 24-0976 (ADA compliance consulting with LCM Architects) for one week to August 19, 2024, after Councilmember Lewis called it out under Council Rule 3.6.

Public Comments & Testimony

• Santa Fe Business Improvement District: The required hearing heard a staff report from Dennis Wegienek of the Department of Finance. Property and business owners, including BID board president Andrea Barela and George Lim, spoke in favor of renewal, citing progress on streetscape and safety. Cheryl Spector, Judith Weaver, Jessica Schutz, and Tim Carrera expressed opposition or conditioned support on improved accountability, maintenance, transparency, and an advisory board; several raised concerns about conflict of interest and the loss of a 10-year review.
• 5086 Vrain Street landmark designation: Owner Jeff Laws and researcher Barbara Stocklin-Steely spoke in favor; no opposition was heard.
• 4340-4350 South Monaco Street rezoning: Applicant Shea Properties, YIMBY Denver representatives, and former Councilmember Kendra Black spoke in favor. No public opposition was heard at the hearing, although staff reported opposition letters from the mayors of Cherry Hills Village and Greenwood Village and Greenwood Village's community director.
• Affordable Denver (24-0972): During the 30-minute courtesy hearing, representatives from Colorado Coalition for the Homeless, Enterprise Community Partners, SEIU Local 105, Denver Housing Authority, Elevation Community Land Trust, Habitat Metro Denver, Tepeyac Community Health Center, Neighborhood Development Collaborative, Downtown Denver Partnership, and other organizations spoke in favor. Luchia Brown and Robert Bailey spoke in opposition, arguing against new taxes and for market-based/zoning solutions. Margie Morris expressed support for the goal but asked for clearer success metrics and worried about a perpetual tax.

Discussion Items

• Santa Fe BID renewal: Council discussed BID governance, mayoral appointment and council confirmation of board members, and the lack of automatic renewal or board turnover. Councilmember Torres noted that state statute changes would be needed to alter BID requirements and that her office would convene an advisory board including the BID, Santa Fe Arts District, and La Alma-Lincoln Park Neighborhood Association. The renewal passed 13-0.
• 5086 Vrain Street designation: Staff detailed how the 1924 Kunsmiller House meets four landmark criteria, including its association with Berkeley's early development and with Dorothea and Adolf Kunsmiller, and its Spanish eclectic style. The designation passed 13-0.
• 4340-4350 South Monaco PUD: Staff explained the rezoning would allow adaptive reuse of a vacant office building into 100% affordable housing, with about 140-143 units at AMI levels including 30%-70%. Discussion covered transit access, funding sources, and opposition from neighboring municipalities. The rezoning passed 13-0.
• Affordable Denver 24-0972: The ordinance would refer a 0.50% sales tax increase to the November 5, 2024 ballot. Staff reported the tax would raise about $100 million annually and cost consumers about $2 per week, with 35% of the sales tax estimated to be paid by visitors. Staff and speakers cited Dr. Cog data estimating a 44,000-unit gap for households at or below 100% AMI, with more than 34,000 (78%) of those needed units for households at or below 60% AMI. Council considered 12 proposed amendments. Adopted amendments: (1) added legislative intent that public investment is most necessary for those least able to access market-rate housing; (2) required a methodology for fund distribution by community need and annual council reauthorization; (3) added accessibility and universal design priorities; (4) added sustainability and green space priorities; (5) moved the needs assessment deadline to December 31, 2026; (6) changed council approval of the first-year plan to an affirmative 60-day review; (7) added preservation to expansion language; and (8) tied future spending plan review to the Mayor's proposed annual budget. Failed amendments included a proposal to cap rental spending at 80% AMI (failed 5-8) and a 10-year sunset (failed 6-7). A homebuyer/homeowner amendment and an emergency habitability assistance amendment were withdrawn for redrafting on second reading. Councilmembers were sharply divided: some said the measure was not ready, lacked public outreach, and needed guardrails, while others said voters should decide.

Key Outcomes

• Santa Fe Business Improvement District renewal (24-0898) approved 13-0.
• 5086 Vrain Street Kunsmiller House designation (24-0915) approved 13-0.
• 4340-4350 South Monaco Street PUD-G 34 rezoning (24-0617) approved 13-0.
• Affordable Denver measure (24-0972) was ordered published as amended by an 8-5 vote, with Ayes: Gonzales-Gutierrez, Hinds, Kashmann, Lewis, Parady, Romero Campbell, Sandoval, Watson; Nays: Alvidrez, Flynn, Gilmore, Sawyer, Torres. Second reading is scheduled for August 19, 2024; if approved, the 0.50% sales tax question would go to voters on November 5, 2024.
• Council announced that the Westwood rezoning (24-0937) required public hearing will be held September 9, 2024, with protests due by noon on September 3, 2024.
• Resolution 24-0976 was postponed to August 19, 2024.