Minutes

Monday, August 12, 2024, 3:30 PM

PLEDGE OF ALLEGIANCE

Council member Flynn led the Pledge of Allegiance.

LAND ACKNOWLEDGEMENT

Council member Flynn led the Land Acknowledgement.

ROLL CALL

Present:

Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds,

Kashmann, Lewis, Parady, Romero Campbell, Sandoval,

Sawyer, Torres, Watson (13)

APPROVAL OF THE MINUTES

The minutes of August 5, 2024, were distributed to members of Council. Council

President Sandoval ordered the minutes approved.

24-1044 Minutes of Monday, August 5, 2024.

Council Minutes 24-1044 were approved.

Approved

COUNCIL ANNOUNCEMENTS

Council President Sandoval and Council members Alvidrez, Parady, Romero

Campbell, Torres, Hinds, Watson, and Gonzales-Gutierrez offered announcements.

PRESENTATIONS

COMMUNICATIONS

PROCLAMATIONS

24-1047 A Proclamation Honoring Denver Police Surgeons Dr. Frank Dulin

and Dr. Robert M Campbell.

A motion offered by Council member Kashmann, duly seconded by Council member

Hinds, that Council Proclamation 24-1047 be adopted, 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)

RECAP OF BILLS TO BE CALLED OUT

RESOLUTIONS

Safety, Housing, Education & Homelessness Committee

24-0976 A resolution approving a proposed Amendatory Agreement

between the City and County of Denver and LCM Architects, LLC to provide

consulting services for ADA compliance, citywide.

Amends a contract with LCM Architects, LLC by adding 18 months for a new end date

of 7-01-2026 to continue to provide consulting services for ADA compliance, citywide

(HRCRS-202473791-01/HRCRS-202158657-01). The last regularly scheduled Council

meeting within the 30-day review period is on 8-26-2024. The Committee approved

filing this item at its meeting on 7-31-2024. Pursuant to Council Rule 3.6, Council

member Lewis called out this item at the 8-12-2024 meeting for a one-week

postponement to 8-19-2024.

Pursuant to Council Rule 3.6, Council member Lewis called out this item at the

8-12-2024 meeting for a one-week postponement to 8-19-2024.

Postponed

Block Vote

A motion offered by Council member Flynn, duly seconded by Council member

Hinds, to approve the following items en bloc, carried by the following vote:

Approved the consent agenda

Aye:

Nay:

Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds,

Kashmann, Lewis, Parady, Romero Campbell, Sandoval,

Sawyer, Torres, Watson (13)

(None) (0)

24-0989 A resolution approving the City Council re-appointment of Alfredo

Reyes to the Citizen Oversight Board.

Approves the City Council re-appointment of Alfredo Reyes to the Citizen Oversight

Board for a term effective immediately and expiring on 8-1-2028, or until a

successor is duly appointed. The Committee approved filing this item at its meeting

on 7-30-2024.

A motion offered by Council member Flynn, duly seconded by Council member

Hinds, that Council Resolution 24-0989 be adopted en bloc, carried by the following

vote:

Adopted

Aye:

Nay:

Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds,

Kashmann, Lewis, Parady, Romero Campbell, Sandoval,

Sawyer, Torres, Watson (13)

(None) (0)

Land Use, Transportation & Infrastructure Committee

24-0984 A resolution accepting and approving the plat of Denver

International Business Center Filing No. 11.

Approves a subdivision plat known as Denver International Business Center Filing

No. 11 located between East 71st and 72nd Avenues, and Pena Boulevard, and North

Tower Road, in Council District 11. The Committee approved filing this item at its

meeting on 7-30-2024.

A motion offered by Council member Flynn, duly seconded by Council member

Hinds, that Council Resolution 24-0984 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)

Safety, Housing, Education & Homelessness Committee

Nay:

(None) (0)

Finance & Governance Committee

24-0956 A bill for an ordinance establishing a new fund in the General

Government Special Revenue Fund Series for “OHR Special Events and

Programs.”

Approves creating the “OHR Special Events and Programs” Fund (11891) in the

General Government Special Revenue Fund Series to receive funds that support

youth and community recruiting and engagement events. The Committee

approved filing this item at its meeting on 7-23-2024.

A motion offered by Council member Flynn, duly seconded by Council member

Hinds, that Council Bill 24-0956 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)

24-0958 A bill for an ordinance authorizing capital equipment purchases in

the Airport Capital Improvement and Equipment Fund and Airport Sponsor

Grant Fund.

Approves the purchase of capital equipment items from the Airport Operating

Fund (73810) and the Airport Capital Improvement and Equipment Fund

(7351) to support operation at Denver International Airport, in Council

District 11. The Committee approved filing this item at its meeting on

7-23-2024.

A motion offered by Council member Flynn, duly seconded by Council member

Hinds, that Council Bill 24-0958 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)

Land Use, Transportation & Infrastructure Committee

24-0886 A bill for an ordinance approving a proposed Intergovernmental

Agreement between the City and County of Denver and Housing Authority

of the City and County of Denver for construction of phase one of a park

along South Platte River in the Sun Valley neighborhood, in Council District

Approves an intergovernmental agreement with the Housing Authority of the City

and County of Denver (DHA) for $8,500,000 and +3 years or upon final project

completion and acceptance for construction of phase one of a park along South

Platte River in the Sun Valley neighborhood, in Council District 3 (202473490). The

last regularly scheduled Council meeting within the 30-day review period is on

8-26-2024. The Committee approved filing this item at its meeting on 7-17-2024.

A motion offered by Council member Flynn, duly seconded by Council member

Hinds, that Council Bill 24-0886 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)

PRE-RECESS ANNOUNCEMENT

Council President Sandoval announced that there will be a required public hearing on

24-0898 approving a resolution requesting the renewal and continuance of the Santa Fe

Business Improvement District; a required public hearing on Council Bill 24-0915

designating 5086 Vrain Street as a structure for preservation; a required public hearing

on Council Bill 24-0617 changing the zoning classification for 4340-4350 South Monaco

Street in Southmoor Park; and a thirty-minute courtesy public hearing on Council Bill

24-0972.

RECESS

Council took a recess.

COUNCIL RECONVENES AND RESUMES ITS REGULAR SESSION

UNFINISHED BUSINESS

PROCLAMATIONS

REQUIRED PUBLIC HEARINGS - BILLS FOR FINAL

CONSIDERATION

Business, Arts, Workforce, Climate & Aviation Services

Committee

24-0898 A bill for an ordinance approving a resolution requesting the

renewal and continuance of the Santa Fe Business Improvement District.

Approves the renewal and continuation of the Santa Fe Business Improvement

District, in Council District 3. The Committee approved filing this item at its meeting

on 7-10-2024.

Council sat as a Committee of the Whole, commencing at 5:31 p.m., Council

President Sandoval presiding, to hear speakers on Council Bill 24-0898. Andrea

Barela, Tom McLagan, George Lim, Brian Loma, Ricky Schoonover, and Rusty

Brown signed up to speak in favor of the bill. Judith Weaver signed up to speak in

opposition of the bill. Dennis Wegienek of the Department of Finance delivered the

staff report.

A motion offered by Council member Flynn, duly seconded by Council member

Hinds, that Council Bill 24-0898 be placed upon final consideration and do pass,

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)

Land Use, Transportation & Infrastructure Committee

24-0915 A bill for an ordinance designating 5086 Vrain Street as a structure

for preservation.

Approves a designation of the Kunsmiller House at 5086 Vrain Street as a structure

of preservation, in Council District 1. The Committee approved filing this item at its

meeting on 7-16-2024.

Council sat as a Committee of the Whole, commencing at 6:26 p.m., Council

President Sandoval presiding, to hear speakers on Council Bill 24-0915. Barbara

Stocklin-Steely signed up to speak in favor of the bill. No speakers signed up to

speak in opposition of the bill. Becca Dierschow of Community Planning and

Development delivered the staff report.

A motion offered by Council member Flynn, duly seconded by Council member

Hinds, that Council Bill 24-0915 be placed upon final consideration and do pass,

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)

24-0617 A bill for an ordinance changing the zoning classification for

4340-4350 South Monaco Street in Southmoor Park.

Approves an map amendment to change the zoning of the property located at

4340-4350 S Monaco Street from B-4 with waivers and conditions UO-1, UO-2 to

PUD-G 34 in the Southmoor Park Neighborhood, in Council District 4. The

Committee approved filing this item at its meeting on 7-9-2024.

Council sat as a Committee of the Whole, commencing at 6:49 p.m., Council

President Sandoval presiding, to hear speakers on Council Bill 24-0617. Luchia

Brown, Aaron Chaleff, Jonathan Pira, Robert Greer, Connor Riley, David Prado,

Kendra Black, Matthew Larsen, Peter Culshaw, and Ryan Keeney signed up to speak

in favor of the bill. No speakers signed up to speak in opposition of the bill. Edson

Ibañez of Community Planning and Development delivered the staff report.

A motion offered by Council member Flynn, duly seconded by Council member

Hinds, that Council Bill 24-0617 be placed upon final consideration and do pass,

carried by the following vote:

Placed upon final consideration and do pass

Aye:

Nay:

Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds,

Kashmann, Lewis, Parady, Romero Campbell, Sandoval,

Sawyer, Torres, Watson (13)

(None) (0)

COURTESY PUBLIC HEARINGS - BILLS ON INTRODUCTION

Safety, Housing, Education & Homelessness Committee

24-0972 A bill for an ordinance referring a question to the ballot to increase

the sales and use tax by a rate of 0.50 percent and dedicating the revenue

derived from the tax rate increase to fund affordable housing and related

housing support services citywide subject to the approval of the voters at a

special municipal election to be conducted in coordination with the state

general election on November 5, 2024 .

Refers a question to the ballot to increase the sales and use tax by a rate of 0.50

percent to fund affordable housing and related housing support services citywide,

subject to voter approval. The Committee approved filing this item at its meeting on

8-7-2024.

A motion offered by Council member Flynn, seconded by Council member Hinds,

that Council Bill 24-0972 be ordered published was followed by a motion offered by

Council member Lewis, duly seconded by Council member Torres, that Council Bill

24-0972 be amended in the following particulars: "On page 5, line 23, insert, after

"units", " and recognizing that public investment is most necessary for those least

able to access market rate housing"."

The motion to amend carried by the following vote:

Amended

Aye:

Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds,

Kashmann, Lewis, Parady, Sandoval, Torres, Watson (11)

Nay:

(None) (0)

Absent:

Romero Campbell, Sawyer (2)

A motion offered by Council member Flynn, seconded by Council member Hinds,

that Council Bill 24-0972 be ordered published was followed by a motion offered by

Council member Lewis, duly seconded by Council member Gonzales-Gutierrez, that

Council Bill 24-0972 be amended in the following particulars: "On page 6, strike lines

10-13, and replace with the following: (a)

Revenue received for the Affordable

Denver Fund (the “fund”) shall be used to serve the demonstrated community

housing needs for homeownership for households living at or below one hundred

(100) percent of Denver’s Area Median Income (AMI), and for home rental for

households living at or below eighty (80) percent of AMI unless such households

cannot afford prevailing market rents in which case the fund may be used to

households up to one hundred (100) percent of AMI who cannot afford prevailing

market rents, except as otherwise provided in part (b) of this section:".

The motion to amend failed to carry by the following vote:

Amended

Aye:

Nay:

Gonzales-Gutierrez, Kashmann, Lewis, Parady, Torres (5)

Alvidrez, Flynn, Gilmore, Hinds, Romero Campbell, Sandoval,

Sawyer, Watson (8)

A motion offered by Council member Flynn, seconded by Council member Hinds,

that Council Bill 24-0972 be ordered published was followed by a motion offered by

Council member Lewis, duly seconded by Council member Hinds, that Council Bill

24-0972 be amended in the following particulars:

"1.

On page 7, line 8, before "No", insert: "The plan must expressly reflect the

legislative intent in section 27-170(a)(11). In developing the first-year plan, the

manager of finance and the department of finance must develop a methodology for

the distribution of funds according to community need in future years."

2. On page 7, line 8, following "plan", insert: " and a methodology for the selection

of fund uses responsive to community needs assessments to be applied in each

future year"

On page 7, line 8, following "submitted", insert: "separately"

On page 7, line 11, before "shall", insert: "and a report on how the

methodology for selection of fund uses is being followed and is meeting assessed

community needs"

5. On page 7, line 12, following "27-164.", insert " The department of housing

stability, in coordination with the manager of finance, may amend the methodology

used. The methodology is subject to annual City Council reauthorization.""

The motion to amend carried by the following vote:

Amended

Aye:

Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds,

Kashmann, Lewis, Parady, Romero Campbell, Torres (10)

Nay:

Sandoval, Sawyer, Watson (3)

A motion offered by Council member Flynn, seconded by Council member Hinds,

that Council Bill 24-0972 be ordered published was followed by a motion offered by

Council member Hinds, duly seconded by Council member Sawyer, that Council Bill

24-0972 be amended in the following particulars: "On page 5, strike lines 32-33, and

replace with the following:

f. These funds should be spent to benefit all of Denver, including people with

disabilities. Funds should be prioritized for housing compliant with the Americans

with Disabilities Act's 2010 Standards for Accessible Design, the Colorado Standards

for Accessible Housing, and the architectural concept of universal design.

Specifically, funds should encourage the construction of Type A dwelling units and

focus on Type B dwelling units, as those terms are defined in the “Accessible and

Usable Buildings and Facilities” standard, or any successor standard, promulgated

and amended from time to time by the international code council. The structure

itself should encourage common elements that allow everyone to access and use the

space in a similar manner. Any application for affordable Denver funds should

supersede these state and federal minimums in proportion to the amount of funds

received."

The motion to amend carried by the following vote:

Amended

Aye:

Nay:

Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds,

Kashmann, Lewis, Parady, Romero Campbell, Sandoval,

Sawyer, Torres, Watson (13)

(None) (0)

A motion offered by Council member Flynn, seconded by Council member Hinds,

that Council Bill 24-0972 be ordered published was followed by a motion offered by

Council member Alvidrez, duly seconded by Council member Flynn, that Council Bill

24-0972 be amended in the following particulars:

"1.

On page 2, line 6, strike “beginning January 1, 2025.” and replace with

“commencing January 1, 2025, and by whatever additional amounts are raised

annually thereafter through December 31, 2034.”

2. On page 3, on lines 6 and 7, strike “beginning January 1, 2025.” and replace with

“commencing January 1, 2025, and by whatever additional amounts are raised

annually thereafter through December 31, 2034.”

On page 8, on line 3, after “THEREAFTER” add “THROUGH DECEMBER 31,

2034”."

The motion to amend failed to carry by the following vote:

Amended

Aye:

Nay:

Alvidrez, Flynn, Gilmore, Hinds, Sawyer, Torres (6)

Gonzales-Gutierrez, Kashmann, Lewis, Parady, Romero

Campbell, Sandoval, Watson (7)

A motion offered by Council member Flynn, seconded by Council member Hinds,

that Council Bill 24-0972 be ordered published was followed by a motion offered by

Council member Alvidrez, duly seconded by Council member Hinds, that Council Bill

24-0972 be amended in the following particulars: "On page 5, after line 33, insert,

"g.

prioritize sustainable housing, promote community health and environmental

sustainability by promoting sustainable and energy efficient environmental design

that facilitates citywide decarbonization and environmental justice goals, and expand

and enhance access to intentional green spaces and environmental amenities."."

The motion to amend carried by the following vote:

Amended

Aye:

Nay:

Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds,

Kashmann, Lewis, Parady, Romero Campbell, Sandoval,

Sawyer, Torres, Watson (13)

(None) (0)

A motion offered by Council member Flynn, seconded by Council member Hinds,

that Council Bill 24-0972 be ordered published was followed by a motion offered by

Council member Alvidrez, duly seconded by Council member Hinds, that Council Bill

24-0972 be amended in the following particulars: "On page 7, line 26, strike,

"January 1, 2028." and replace with “December 31, 2026.”"

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 Flynn, seconded by Council member Hinds,

that Council Bill 24-0972 be ordered published was followed by a motion offered by

Council member Gonzales-Gutierrez, duly seconded by Council member Gilmore,

that Council Bill 24-0972 be amended in the following particulars:

"On page 7, lines 9 through 10, strike “If the Council fails to act, within thirty (30)

days, either affirmatively or negatively on the first-year plan, the plan shall be

deemed to be approved.” and replace with “Council has sixty (60) days to approve

the first-year plan.”"

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 Flynn, seconded by Council member Hinds,

that Council Bill 24-0972 be ordered published was followed by a motion offered by

Council member Gilmore, duly seconded by Council member Hinds, that Council Bill

24-0972 be amended in the following particulars: "On page 8, line 3, following

EXPAND insert "AND PRESERVE"."

The motion to amend carried by the following vote:

Amended

Aye:

Nay:

Alvidrez, Flynn, Gilmore, Gonzales-Gutierrez, Hinds,

Kashmann, Lewis, Parady, Romero Campbell, Sandoval,

Sawyer, Torres, Watson (13)

(None) (0)

A motion offered by Council member Flynn, seconded by Council member Hinds,

that Council Bill 24-0972 be ordered published was followed by a motion offered by

Council President Sandoval, duly seconded by Council member Watson, that Council

Bill 24-0972 be amended in the following particulars: "On page 7, line 11, after

"included in", add "the Mayor's proposed annual budget and"."

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)

Council sat as a Committee of the Whole, commencing at 10:02 p.m., Council

President Sandoval presiding, to hear speakers on Council Bill 24-0972. Cathy

Alderman, Barbara Groves Jones, David Warren, Mark Marshall, Kinsey Hasstedt,

True Apodaca, Angelic Cole, Monica Martinez, Joaquin Cintron Vega, Stefka Fanchi,

Norman Harris, Jaime Gomez, Jim Garcia, Gloria Neal, Jonathan Cappelli, Kourtny

Garrett, and Haroun Cowans signed up to speak in favor of the bill. Luchia Brown

and Robert Bailey signed up to speak in opposition of the bill. Jamie Rife of the

Department of Housing Stability delivered the staff report.

A motion offered by Council member Flynn, duly seconded by Council member

Hinds, that Council Bill 24-0972 be ordered published as amended carried by the

following vote:

Ordered published as amended

Aye:

Gonzales-Gutierrez, Hinds, Kashmann, Lewis, Parady,

Romero Campbell, Sandoval, Watson (8)

Nay:

Alvidrez, Flynn, Gilmore, Sawyer, Torres (5)

PRE-ADJOURNMENT ANNOUNCEMENT

Council President Sandoval announced that on Monday, September 9, 2024, Council will

hold a required public hearing on Council Bill 24-0937 changing the zoning classification

for 959 & 971 South Wolff Street in Westwood. Any protests against Council Bill

24-0937 must be filed with the Council Offices no later than noon on Tuesday,

September 3, 2024.