Denver City Council Meeting - November 18, 2024

The Denver City Council met on Monday, November 18, 2024, at 3:30 PM in the Cathy Reynolds City Council Chamber. The meeting included routine approvals, a proclamation, Council sitting as the Board of Equalization for two pedestrian mall maintenance districts, and public hearings on citywide accessory dwelling units (ADUs) and a zoning change for the Tennyson Center for Children. All 13 council members were present. The meeting adjourned at 8:11 PM.

Consent Calendar

• Minutes of November 12, 2024, were approved.
• Resolutions adopted en bloc (all 13-0):
  • 24-1523, 24-1524: Concession agreement extensions for Connections Newsstand and Greetings from Colorado at Denver International Airport.
  • 24-1526: Master purchase order for Genetec software licenses ($2,225,000).
  • 24-1527: Master purchase order for passenger bridge components ($5,000,000).
  • 24-1510: Amendment to fertilizer purchase contract (add $2,600,000).
  • 24-1514: Conflict counsel contract ($1,000,000).
  • 24-1518: Restoration services contract ($1,000,000).
  • 24-1529: Reappointment of Thomas Allen to Housing Stability Strategic Advisors.
  • 24-1626: Audit contract with CliftonLarsenAllen LLP ($647,431).
  • 24-1512, 24-1517: Dedication of public alleys.
  • 24-1515, 24-1516: CDOT grants for intersection safety improvements.
  • 24-1530 through 24-1536: Eight on-call contracts for green infrastructure landscaping ($2,000,000 each).
  • 24-1537: Contract for 52nd and Emerson Water Quality Facility Phase 2 ($12,304,297.73).
  • 24-1538: Dedication of street and alley parcels.
  • 24-1680: Settlement of $180,000 for a DOTI claim.
  • 24-1478: Amendment to transportation services for homeless individuals (add $850,000).
  • 24-1480: Loan agreement for 190 income-restricted units ($8,550,000).
  • 24-1519: HUD grant for permanent supportive housing ($634,880).
  • 24-1681, 24-1682: Settlements of $15,000 and $17,500 for Denver Police Department claims.
• Bills for Introduction ordered published: 13 business improvement district budgets (24-1544 through 24-1555, 24-1560), the 2025 Annual Appropriation (24-1539) as amended, a cash transfer to liability claims (24-1540), rescissions from capital projects (24-1541), new Sidewalks Enterprise Funds (24-1542), a cash transfer from parks grants (24-1543), an amendment to COVID relief allocations (24-1561), a parking ordinance repeal (24-1513), zoning code amendments (24-1589, 24-1590), and Denver Health operating agreements (24-1473, 24-1528).
• Bills for Final Consideration passed en bloc (all 13-0): establishment of Denver Downtown Development Authority fund (24-1376), eight classification and pay plan changes (24-1464 through 24-1470), rescission from General Fund contingency (24-1492), supplemental appropriation for Arts and Venues (24-1493), parks fund transfer (24-1494), condemnation authority for traffic signal (24-1495), facilities maintenance fund rescissions (24-1496), boiler purchase for shelter (24-1497), Colorado Convention Center fund creation (24-1498), relinquishment of two easements (24-1458, 24-1488), building code update (24-1461), Harvard Gulch flood control agreement (24-1462), park construction IGA (24-1483), and healthy food access grant (24-1293).
• Postponed Resolutions (one week): 24-1509 (psychological evaluations), 24-1521 (BlocPower contract), 24-1522 (Lincoln Technical Institute contract).

Public Comments & Testimony

• 20th Street Pedestrian Mall (Board of Equalization): No speakers. Staff report presented. No public comment.
• St. Luke's Pedestrian Mall (Board of Equalization): Three speakers:
  • Parker Semler (representing 11th and Ash LLC and 850 LLC) expressed confusion about assessments, lack of line-item details on capital improvements, and requested reducing the $295,000 assessment to $125,000 (operating costs only) given $387,000 in reserves.
  • Zoe DeQ (co-manager of 1850 Pearl Street) questioned why her properties were assessed over $75,000 and noted the district had over $387,000 in reserves, requesting no assessment for 2025.
  • James Rudy (property manager) complained about lack of maintenance, dead trees, broken pavers, and stated he receives no value for the fees paid. All speakers urged more transparency and accountability.
• Combined Public Hearing on ADUs (24-1302, 24-1303, 24-1304): Four speakers in favor:
  • Chris Miller (Denver resident) spoke in support of ADUs but noted they cannot solve the housing crisis alone; urged broader housing reforms.
  • Andy Cushion (lives in an ADU) shared his positive experience and emphasized that ADUs provide affordable homeownership opportunities.
  • David Pardo (soon-to-be ADU resident) supported ADUs and noted compliance with state law.
  • Jesse Parris (supporter) asked clarifying questions about the process and confirmed citywide expansion. No speakers opposed.
• Public Hearing on Tennyson Center Rezoning (24-1313): Three speakers:
  • Alicia Hammett (applicant representative) — available for questions.
  • Mindy Watras (CEO, Tennyson Center for Children) — available for questions, later provided detailed description of services.
  • Steve Fisher (neighbor) spoke in opposition, citing safety concerns about children leaving campus and arguing that campus zoning would remove periodic permit review.

Discussion Items

• Board of Equalization – 20th Street Pedestrian Mall: Councilmember Watson moved to reduce the 2025 assessment to $0 because the district will be dissolved (dissolution bill to be heard November 25). Councilmember Hinds supported, noting a new district will be created. Motion passed 13-0.
• Board of Equalization – St. Luke's Pedestrian Mall: Extensive discussion ensued after testimony. Councilmembers Hinds, Romero Campbell, Parady, Flynn, Sawyer, and Torres asked staff (Brendan Kelly, DOTI) about reserves, planned expenditures (dead tree removal, brickwork, irrigation), board composition, and open meeting compliance. Speakers reiterated lack of transparency. Councilmember Torres suggested mediation. No motion was offered; the assessments were approved as proposed without a vote (minutes indicate "approved").
• Citywide ADUs (24-1302, 24-1303, 24-1304): Staff presented the amendments to allow ADUs in all residential zone districts, delete 16 redundant ADU-specific districts, comply with state law (HB24-1152) effective June 2025, and maintain existing design standards except for rear setbacks (currently 15-20 ft; state law mandates 5 ft). Council debate centered on the setback conflict with state law. Councilmembers Flynn, Kashmann, and others argued for preserving local standards and expressed intent to seek legislative relief in 2025. Councilmember Hinds noted the city had a two-year stakeholder process. Councilmember Gonzales-Gutierrez confirmed state legislators are willing to work on the issue. After debate, the three bills passed unanimously (13-0).
• Tennyson Center Rezoning (24-1313): Staff described the request to rezone 2950 Tennyson St and 4421 W 29th Ave from R-5 and B-2 to CMP-EI2 to simplify permitting for the existing therapeutic school and residential treatment facility. The West Highland Neighborhood Association supported; three letters opposed (concerning state licensing, not zoning). Council President Sandoval questioned the CEO about state licensing and safety protocols. Councilmember Gonzalez-Gutierrez confirmed state law prohibits physically restraining children who elope. The bill passed unanimously (13-0).

Key Outcomes

• 2025 Assessment for 20th Street Pedestrian Mall Local Maintenance District reduced to $0 (13-0).
• St. Luke's Pedestrian Mall Local Maintenance District 2025 assessments approved as proposed (no motion; approved by default).
• Citywide ADU text and map amendments (24-1302, 24-1303, 24-1304) passed unanimously (13-0). Effective immediately, allowing ADUs on all residential lots in Denver, with compliance with state law pending further legislation on setbacks.
• Rezoning of 2950 Tennyson St and 4421 W 29th Ave to CMP-EI2 (24-1313) passed unanimously (13-0).
• Council Bill 24-1372 (rezoning of 2258 N Perry St) amended and ordered published (13-0) with a public hearing set for December 16, 2024.
• Councilmember Lewis noted cumulative settlement totals: $5,158,411.29 for DOTI claims and $5,190,911.29 total for 2024 as of this meeting.
• Next meetings: November 25, 2024 (pending items on manufactured home communities); December 2, 2024 (rezoning hearings); December 9, 2024 (protest deadline for 2258 N Perry St).