A bill for an ordinance designating certain properties as being required for public use and authorizing use and acquisition thereof by negotiation or through condemnation proceedings of fee simple, easement and other interests, including any rights and interests related or appurtenant to properties designated as needed for the Sand Creek Project. Grants the authority to acquire through negotiated purchase or condemnation any property interest as needed in support the Sand Creek Project, including easement interests, access rights, improvements, buildings, fixtures, licenses, permits and other appurtenances, for the portion of the vacated North Ulster Street right of way located at 8101 E. 40th Avenue in Council District 8. The Committee approved filing this item at its meeting on 12-15-20.
All right. Thank you, Councilman. And thank you, Kristen, for joining us tonight. The next item up is Council Bill 20, Dash 1534. Councilmember Herndon, will you please put council bill 20, Dash 1534 on the floor for publication? Yes, Madam President. I move the council bill to 0-153 for be ordered published. Okay. Thank you. It has been moved and seconded by Councilman Hines. Questions or comments by members of council. Council members say the. Thank you, Madam President. I am curious about how this one is different than the eminent domain authorization that we passed in July and discussed at length for the Sand Creek Project. Is Lisa Lumley able to or somebody from real estate able to explain the difference between this eminent domain authorization? Evening Council. Councilwoman. Yes. So what, you approved the the larger land acquisition ordinance back at the end of July. As we were moving through the process with our appraisals, what we realized is there was an error in the legal description. And the error is that as we had started this project a couple of years ago, it overlapped with the vacation of Ulster, which runs adjacent to this property. And so this land acquisition ordinance is a cleanup, if you will, that will include the approximately 15 feet that runs alongside this property. It would it completes the trail. Otherwise, it would leave a gap in the trail, but it also would create a weird leftover remnant for the landowner right now, because it means that we would be the Ulster is the westernmost part of his parcel. And then what you did approve is further east. And so this is the 15 foot gap. Thank you very much for that. And. Madam President, I would like a separate vote on this one. I did not support the the vote in July and would like to go on record as not supporting this second piece. All right. Perfect. Thank you, Councilwoman. Seen no other? I'm sorry, Councilman Hines. But thank you, Madam President. Just a quick comment. I did not support the original vote, but there's no need to leave an owner with 15 feet of space. So I will support this one. Thank you, Madam President. All right. Thank you, Councilman Hines. So, you know their hands raised. Madam Secretary, roll call, please. CDEBACA No. Clark. I. Flynn. I. Herndon. I. Hi. Hi. Cashman i. Kimmage. I. Ortega. I. Sandoval, I. Sawyer. I. Torres, I. Black eye. Madam President. I. Madam Secretary, close the voting and announce the results. When they 12 eyes. One day, 12 eyes council bill 20 dash 1534 has been ordered published. The next item up is Council Bill 20, Dash 1554 Councilwoman Sade Ibaka. Please go ahead with your questions on 20 Dash 1554. Thank you, Madam President. This one is a little bit confusing to me, and I just had some questions about if we're floating a check essentially for dollars we expect from HUD later in the year. And if it is, where is the five year action plan for the Community Development BLOCK grant dollars mentioned in the bill request? I couldn't find it in any emails or on the granicus posting or on on our Denver Gov website. And I know we spend CDBG dollars in multiple city departments. And so I'm just wondering where to find this information and what we're doing here. All right. Thank you, Councilwoman. I think Rachel Barden is going to take it first. I, I knew myself, but I think that I'm not sure if there's anyone from Dito who can speak specifically to the five year action plan and provide that to you. But that is they should have that available to send via email if it is not posted in granicus. To answer your question. Go ahead. Is it public on our Denver Gov website or will it be at any point? That is a good question and I don't know if our friends in are available at school. I think we have Matt. Khan's. Okay. Well, there you go. Yeah. Hi. Thank you. And I may call on Rachel King. She's on here and actually oversees our action plan. We do have an annual action plan. That is, it actually has either a five day or more public comment period. We usually do not do the annual action plan unless, one, there is a substantial amendment, substantial amendment to the action plan so that when we received the covered CDBG dollars, we had to do another public annual action plan with that. But usually the action plan is not sorry, it's not made public until March or so because we have to wait until we receive the actual dollars and the award that we're going to get from the federal government. And usually that number is not quantified and solidified until February or March. And then we will go to the public public comment period with that action plan every year. What you're referencing, I believe, Councilwoman, is when we mentioned the five year action plan for this dollar amount we were talking about annually, over the past five years, we've received between six and $7 million. And so we don't see that this two and a half million dollars. We were really talking from a risk perspective. We don't see advancing two and a half million dollars as being a substantial risk to the city, because every year for the past five years, we typically have received close to $7 million. And that's what what we are referencing when we talked about the five year sorry, the five year plan on that. But if Rachel Zane, I'm sure she can talk about the action plan a little bit more. Sorry, Rachel King with Dito. So just before Rachel respond to that. So if we haven't approved the plan on how to spend the dollars, what are we advancing the dollars for in this instance? Sure. So we run a January through December program here at DITO for our CDBG, HUD dollars and the action plan, which unfortunately is not really established until late Q1. Early Q2 covers January through December, but we also receive program income every year from our loan portfolio and we do have some carryover dollars some years. And so this money just really allows us, for example, the sofa that just went out on both host side and our No. $5 that we use in our Nest neighborhood team that was close to one and a half million dollars total. I believe that we typically need to front that money when we encumber that full amount. So if we have a $100,000 contract, we need to encumber that $100,000, which will last for the full year. But we don't typically even receive money from HUD until July, sometimes, sometimes later, sometimes earlier. So it really this advance really helps us cover some of those admin costs, some of the contracts that we typically do toward the end of the year to start on January 1st. Now we do have some carryover dollars. But but, you know, it doesn't always work out from a timing perspective. And sometimes we have a lot of money that might carryover and sometimes we have very little because of the power building acquisition and some other acquisitions that we did as well is because of the limited program income we've been receiving due to COVID. We have a loan deferral program and some other items where businesses just aren't able to pay off their loans as often and frequency frequently as they typically do. We just don't have as much carryover funds this year, so we're asking for the advancement of two and a half million to really help us cover the first six months . And will we get will we get some kind of report on what we spend the advance on and which departments spends because you guys spend out of post and correct. Correct. Yeah, it really we it really depends on the timing and what projects go forward. We also sometimes, as you mention, we might have, you know, programs in host and and coming out of Dito that we start the contracting process in as we need to have the money available but the project may or may not even exist or be finalized with the contract until later in the year. But we do need to make sure that we have some of those funds intact, especially on the construction lines or even the service ones that take a full year. So the two and a half million, I mean, I guess we could do a we typically don't from an advance standpoint, don't know exactly what projects that two and a half million covers because we pull the money together from multiple years or multiple, multiple items. Right. So if we if we have a large acquisition, we might use some of the two and a half million we might use some of the carryover money from the year before. We look at it more of a first in first out approach. But but we could easily, you know, start start to develop a report that, you know, if we have two and a half million dollars worth of projects in the first six months, likely those would be the ones that that this advance is covering. Got it. And thank you for that. And I, I just urge my colleagues to hear what was said and to acknowledge that, you know, the city is doing exactly what small businesses and nonprofits in the community have been asking the city to be able to do. It's very difficult to deliver on grants when you have to front the money or deliver on services when you have to front the money or where you have to wait until a prime gets paid. And so we're doing exactly what people are asking us to do. And I hope that in in fronting the money or floating this check, knowing that the money will come in later, that we extend that same courtesy to others as we go forward doing business. That's it for my questions. Thank you, Madam President. Thank you, Councilwoman CdeBaca. Next up, we have Councilwoman Ortega. Thank you, Madam President. Matt, I just wanted to ask if if you have known projects already identified either programs or projects that this money will be used for. If you could share that with us. And then can you just clarify that these moneys that were advancing are aligned with what is in the five year plan that was submitted to HUD for laying out what what we intend to do with these HUD dollars over the next five years. Yes, absolutely. On your second question for sure, we we do have the five year plan and we do have an annual action plan that we put forward every year. So we we do not fear from that plan unless there is a substantial change. And so typically that will take another action plan amendment, which requires another public comment period. So, so usually we do a single annual action plan and then and then work on that five year plan as well. So we do not anticipate that these two and a half million dollars being advanced would veer outside, that they can't veer outside of what we what we would typically fund in our CDBG action plan unless we were to amend that plan. So with these dollars, what percentage is going to housing and homeless services versus the the desire for jobs and job creation? So, so so it varies year over year, but typically we have an agreement with hosts when they split off, we have an agreement with hosts that they will receive at least 30% of the total funding. And usually even before hosts split off, it was around a third, a third, a third. If you think of it from a nest perspective and public service perspective, a housing perspective and business development perspective. We tried to we tried to stay within that realm. So we have an agreement to keep at least 30% in host. But as payoffs and other loans pay down and pay off, if there are any outside payoffs that occur and we receive large amounts of money, that's when our executive directors of each agency will get together and determine the best need for for that additional funding that we can anticipate. Does. Does this include home and hopper or is that sort of set aside separate as separate? So Home Hub, ESG, a few others common hardware specifically are HUD, but they are 100% host. Dito does in fact, doesn't receive those dollars. And the ESG goes to them as well, right? Correct. Even though I don't believe that Rachel would have to correct me, I don't believe that's a hide. Maybe it is. Sorry, I'm not an expert on ESG. It is. It's. I used to go through human services now. Understood. Host Okay. That's all I have. It would be helpful to know where we can see the one year plan as well, not just the five year plan. I thought at one point we were you guys were providing that to us on a regular basis. And you may be because I'm on the committee that that goes to. So I don't remember seeing the one year plan come before us. And we can do that. If Rachel King is on, she can raise her hand and jump on. We did because we received this CDBG COVID. She received two rounds of it very recently. Just a couple of months ago, we did another public comment period for our action plan because as I mentioned, because we received the additional COVID money, it was considered an amendment to that action plan. And so we did redo our due action plan pretty recently. Rachel, I see that you're on. And it's thank you. And I just want to ask quickly if this also includes like a bunch of the the contracts or the the funding that has been brought before City Council on the shelters and some of those other services. The security, I know it has included the shower, some of the food. Those kinds of things. Is that all part of the dollars that you got from from HUD as well? Or some of it is, but most of it is not. My understanding with the host budget is they are primarily utilizing the FEMA and coronavirus relief dollars. First. As priority and then moving into their allocations. Of the HUD. Coronavirus dollars. Our 2020 action plan that we just amended, as Matthew indicated for the third time this year in 2020, does include all of the housing uses of. Those coronavirus dollars from HUD. But for our 2021 action plan, which is what these CDBG dollars will be covering. We have not gotten into the action plan. Process. Quite yet for that, but we are getting ready to start that at the end of January. Okay. And then if you could just send us a link to where we could see that one year plan, that would be really helpful. Definitely. Thank you. Thank you, Madam Chair. Thank you, Councilman Ortega. Madam President. Thank you, Councilwoman. And thank you, Matt and Rachel, for fielding those questions. The next item up is Council Bill 20, Dash 1553. Councilman Hampton, will you please put Council Bill 20, Dash 1553 on the floor for final passage?