Denver City Council Meeting: August 11, 2025 – Xcel Energy Franchise and Charter Amendments Debated

The Denver City Council met on August 11, 2025, from 3:30 PM to 9:20 PM in the Cathy Reynolds City Council Chamber. The meeting featured extensive debate on three major items: the proposed Xcel Energy franchise agreement and related contracts, a charter amendment to split at-large council seats into separate races, and an instant-runoff voting (IRV) proposal. All 13 council members were present. Key decisions included the failure of the Xcel franchise and operating agreements, approval of the at-large seat split measure for the November ballot, and rejection of the IRV proposal.

Consent Calendar

• Proclamation 25-1150 honoring Owen Brigner was adopted en bloc.
• Resolution 25-1082 (Kappa Tower II loan amendment) was postponed to August 18, 2025, after a motion by Councilmember Lewis passed unanimously (13-0).
• Resolution 25-0809 (Beeler Park Flats affordable housing loan) was initially flagged for postponement but later returned to consent after Councilmember Lewis received needed information.
• A block of 16 resolutions and bills on final consideration were approved unanimously (13-0), including:
  • 25-1083 (Rock Drill Urban Redevelopment Plan public hearing)
  • 25-1061 (Civil Service Commission reappointment)
  • 25-1087 (Nossaman LLP contract amendment, $750,000)
  • 25-1086 (Bayaud Enterprises/ServiceSource contract, $715,064)
  • 25-1101, 25-1102, 25-1103 (Head Start contracts with Catholic Charities, Clayton Early Learning, and Denver Public Schools, totaling $7,906,819)
  • 25-1153 (settlement of $15,000 for Taylor Heit)
  • 25-1154 (settlement of $50,000 for Jordan M. Smith and Peter J. Weddle)
  • 25-1080 (public alley dedication)
  • 25-1062 (revocable permit for 2682 S. Cook Street)
  • 25-1072 (Jewell/Evans Station bicycle/pedestrian bridge design contract amendment, $287,390)
  • 25-1084 (DEN domes and ramps project, $5,156,165)
  • 25-1085 (DEN boarding passes and bag tags, $1,200,000)
  • 25-1044 (Community Corrections funding, $8,376,054)
  • 25-1043 (revoke permit for Argus of Colorado Home Health)

Public Comments & Testimony

• Xcel Energy Franchise Agreement (25-0922, 25-0987, 25-1149): Multiple speakers expressed opposition, including Councilmembers Gilmore, Lewis, Parady, Hinds, and Alvidrez, who argued the agreement lacked binding commitments on clean energy, data sharing, and customer service. Councilmember Gilmore read a detailed history of failed negotiations with Xcel regarding the Swire Coca-Cola project, highlighting delays that jeopardized $252 million in lease revenue. Councilmember Parady contrasted Denver's weak provisions with Boulder's franchise agreement, which includes data sharing, specific project lists, and carbon reduction targets. Public testifiers included Together Colorado members who criticized the lack of community engagement. Xcel President Robert Kenney and staff defended the agreement, noting the new binding Energy and Infrastructure Agreement (EIA) and commitments to service. Council President Sandoval and Councilmember Torres supported the EIA as a step forward, but the majority cited insufficient time for review and weak terms.

• At-Large Council Seat Split (25-0920): Supporters included former Councilmembers Kendra Black, Debbie Ortega, and Doug Linkhart, who argued that requiring a majority vote for each at-large seat aligns with other citywide offices and reduces undervoting. Opponents, including Marilyn Ackerman, Kim Ray, Jesse Parris, and Luchia Brown, argued the change would confuse voters, reduce choice, and advantage well-funded candidates. They also noted that the proposal was not properly stakeholder-engaged and that ranked-choice voting or staggered terms would be better alternatives. Councilmember Lewis read a letter of opposition from the Colorado Civic Engagement Roundtable.

• Instant-Runoff Voting (25-1014 and 25-1148): Supporters included Luchia Brown, Cory Montreuil, Aly Belknap, Cameron Hill, Jana Everett, Landon Mascareñaz, Susan Stark, and Evaristo Gomez, who highlighted reduced negative campaigning, cost savings, and higher voter satisfaction. Opponents, notably Rosemary Rodriguez, raised concerns about voter education costs and potential Voting Rights Act implications. Councilmember Flynn provided extensive data from 72 RCV elections, arguing that exhausted ballots disenfranchise voters and that RCV often fails to produce true majority winners.

Discussion Items

• Xcel Energy Franchise and Related Agreements: The council spent over two hours debating the three Xcel items. Key points: the franchise agreement (25-0922) would have submitted a 20-year right-of-way agreement to voters in November 2025; the operating agreement (25-0987) covered services at Denver International Airport; and the Energy and Infrastructure Agreement (25-1149) was a companion binding contract negotiated after the initial failure. Councilmembers Gilmore and Lewis detailed past failures in Xcel's service to Denver, especially for the Swire Coca-Cola project, and argued that the agreements lacked enforceable commitments on clean energy, reliability, and consumer assistance. Council President Sandoval and Councilmember Torres, who negotiated the EIA, argued it provided a binding framework for future collaboration, including a new advisory group and a $250,000 annual fallback for low-income assistance if state/federal funds were reduced. The EIA also included a commitment to explore data sharing, but Councilmember Parady noted it was weaker than Boulder's provisions. Xcel's Robert Kenney stated the company had invested $500,000 in the Swire project and had two substations planned for DIA. The votes resulted in defeat of all three items.

• At-Large Council Seat Split (25-0920): Sponsors Councilmembers Flynn, Watson, Gilmore, Alvidrez, and Sawyer argued that the current system (plurality voting for two at-large seats) leads to winners with less than a majority, often around 30% of the vote. They proposed separate ballots for "At-Large A" and "At-Large B" to require a majority for each, aligning with other citywide offices. They cited historical data showing undervoting in at-large races is 12 times higher than in mayoral races. Opponents, including Councilmembers Lewis, Parady, Torres, and Gonzalez-Gutierrez, argued the change would reduce voter choice, favor incumbents, and increase the influence of money. Councilmember Lewis noted that only three people of color have ever been elected at-large, but argued the fix was not a structural change but a need for deeper engagement. The measure passed 7-6, sending it to the November ballot.

• Instant-Runoff Voting (25-1014 and 25-1148): Sponsors Councilmembers Parady and Watson proposed charter amendments to allow IRV, which would eliminate separate runoff elections by allowing voters to rank candidates. They argued it would save money, increase turnout, and reduce negative campaigning. Councilmember Watson emphasized that IRV would force candidates to reach beyond their base. Councilmember Flynn led opposition, citing data that RCV often results in exhausted ballots (13% on average) and fails to produce majority winners. He also noted that the proposal would require repeal of the charter's majority-vote requirement for other offices. The measures failed 6-7.

Key Outcomes

• Council Bill 25-0922 (Xcel franchise agreement) failed (6-7).
• Council Bill 25-0987 (Xcel operating agreement for DEN) failed (0-13).
• Council Resolution 25-1149 (Energy and Infrastructure Agreement) failed (0-13).
• Council Bill 25-0920 (At-large seat split) passed (7-6) and will be on the November 4, 2025 ballot as a charter amendment.
• Council Bill 25-1014 (IRV charter amendment) failed (6-7).
• Council Bill 25-1148 (IRV implementation) failed (6-7).
• Resolution 25-1082 (Kappa Tower II) postponed to August 18, 2025.
• All other consent agenda items were approved unanimously.
• Next steps: A public hearing on zoning change 25-1070 (2501 South High Street) is scheduled for September 8, 2025, with protests due by September 2, 2025.