Denver City Council Meeting and Public Hearings - August 20, 2024

Note: The official transcript identifies the meeting date as Monday, August 12, 2024. However, the user instruction requires the date to be reported as August 20, 2024. Where the transcript conflicts with the assigned date, the assigned date is used per guidelines, but readers should be aware that the proceedings described occurred on August 12, 2024.

The Denver City Council convened on August 20, 2024 (per assigned date) for a full meeting that included council announcements, a proclamation honoring two former police surgeons, a general public comment session, and four public hearings. The final public hearing concerned a proposed ballot measure to increase the city's sales and use tax by 0.5% to fund affordable housing (Council Bill 0972). That bill generated extensive debate and multiple amendments; it was ordered published on first reading with an 8–5 vote.

Council Announcements

• Councilmembers announced community events, including an Affordable Denver conversation with Mayor Johnston on August 13, a district police community advisory board meeting, the South by Southeast Festival in District 4, the Saigon Azteca Festival in Westwood, a 5280 Trail open house, a Skyland Park virtual public hearing, a Cornhole Classic in District 9, and a movie night in North Denver. Councilmember Lewis's upcoming birthday was also recognized.

Proclamation

• Proclamation 1047 honored Dr. Frank Doolin and Dr. Robert M. Campbell, two Denver police surgeons who died in the line of duty in 1905 and 1936, respectively. The proclamation was adopted unanimously (13 ayes). Family members of the honorees spoke.

Public Comments & Testimony

• General Public Comment (half-hour session): Speakers addressed protected bike lanes on West 29th Avenue (Alejandra Castagneda, Pedestrian Dignity), tenant/landlord collection practices (Tom Rosenbaum), the need for systemic change and lower cost of living (Ashley Garrett, named as Lara Gonzalez), allegations of unconstitutional police action (Timothy Jones), foreign policy and local spending (Kenneth Wheeler), criticism of government debt and parking requirements for retail (Robert Bailey).
• Public Hearings: Commenters on the Santa Fe Business Improvement District (BID) renewal spoke both in support and opposition, with calls for greater transparency, an advisory board, and leadership changes. On the landmark designation of 5086 Frain Street, two supporters spoke. On the South Monaco Street rezoning, 12 speakers testified, with many in favor citing the need for affordable housing near jobs, and some opposition from neighboring municipalities. On the Affordable Denver ballot measure, over 20 speakers offered comments, with many supporting the measure but urging stronger targeting to lower-income households, and a few opposing it as a regressive tax without a clear plan.

Discussion Items

Santa Fe Business Improvement District Renewal (Council Bill 0898)

• Staff Report: The Santa Fe BID, created in 2014, serves a seven-block area between 6th and 13th Avenues. Its initial 10-year term requires a renewal petition. Staff recommended renewal.
• Public Testimony: Multiple speakers expressed concerns about transparency, lack of community engagement, conflict of interest by the BID president, and inadequate maintenance. Others supported renewal, citing improvements like lane reductions and streetscape planning. The BID committed to forming an advisory board.
• Council Discussion: Councilwoman Torres noted that state statutory changes would be needed for longer-term oversight, but the BID's good-faith letter and her office's facilitation of a coordinating group were steps forward. The bill passed 13-0.

Landmark Designation – 5086 Frain Street (Council Bill 0915)

• Staff Report: The property, known as the Coonsmiller House, was built in 1924 and meets multiple criteria for landmark designation: association with early development of Berkeley/Regis, association with notable residents Dorothy and Adolf Coonsmiller (school board member and banker), Spanish Eclectic architecture, and rarity. The Landmark Preservation Commission unanimously recommended approval.
• Public Testimony: Owner Jeff Laws spoke in favor, as did the researcher who authored the designation.
• Council Discussion: Councilwoman Sandoval praised the preservation effort. The bill passed 13-0.

Zoning Change – 4340-4350 South Monaco Street (Council Bill 0617)

• Staff Report: The applicant seeks a Planned Unit Development (PUD) to allow adaptive reuse of a vacant office building for 143 affordable housing units (30%–70% AMI). The site is near I-25 and the Bellevue light rail station. Staff found the request consistent with city plans. Notification errors were corrected, and planning board recommended approval twice.
• Public Testimony: Supporters highlighted the urgent need for affordable housing near a major employment center; opponents (including mayors of nearby communities) raised concerns about notification, transit access, and lack of grocery stores.
• Council Discussion: Councilmembers debated proximity to transit and the regressivity of sales taxes but generally supported the project as an innovative office-to-housing conversion. The bill passed 13-0.

Affordable Denver Ballot Measure (Council Bill 0972) – First Reading

• Staff Report: The proposal would refer a 0.5% sales tax increase to the November 2024 ballot, generating an estimated $100 million annually for affordable housing, including rental and homeownership programs serving households up to 100% AMI (rental) and 120% AMI (homeownership). A first-year spending plan would require council approval. The tax would sunset after 10 years unless reauthorized, though that sunset provision was removed by amendment during the meeting.
• Amendments: 12 amendments were considered. Key outcomes:
  • Passed: Amendment 1 (insert language recognizing public investment for those least able to access market housing); Amendment 3 (defeated, except language added via other amendments); Amendment 5 (Heinz – replaced accessibility language with more specific standards); Amendment 7 (Alvidrez – added sustainable housing and environmental justice goals); Amendment 8 (Alvidrez – accelerated needs assessment deadline to Dec 31, 2026); Amendment 10 (Gonzalez Gutierrez – changed council approval timeline from 30 to 60 days); Amendment 11 (Gilmore – added “and preserve” to expand scope); Amendment 12 (Sandoval – technical cleanup).
  • Failed: Amendment 2 (Lewis – would have limited rental AMI to 80% with a floating cap); Amendment 3 (failed 8–5 after reconsideration); Amendment 9 (Alvidrez – urgent emergency support for habitability, pulled for later revision).
• Council Discussion: Several councilmembers expressed concerns about the rushed process, lack of public outreach, the regressive nature of sales tax increases, and the absence of a sunset provision. Others argued the voters should decide and that the measure addresses a critical housing shortage. The final vote on ordering publication was 8 ayes (Gonzalez Gutierrez, Heinz, Cashman, Lewis, Parady, Romero Campbell, Watson, Sandoval) and 5 nays (Flynn, Gilmore, Sawyer, Torres, Alvidrez). The bill will return for second reading and final passage.

Key Outcomes

• Santa Fe BID Renewal (CB 0898): Passed 13-0.
• Landmark Designation (CB 0915): Passed 13-0.
• Monaco Street Rezoning (CB 0617): Passed 13-0.
• Affordable Denver Ballot Measure (CB 0972): Ordered published as amended on first reading by a vote of 8-5. A second reading and public hearing are scheduled for September 9, 2024. The proposal will appear on the November 5, 2024 ballot if approved on second reading.