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HomeMy WebLinkAboutStudy Session 01/20/2004 STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29TH Avenue, Municipal Building JANUARY 20, 2004 7:00 P.M. APPROVAL OF MINUTES OF December 15, 2003 APPROVAL OF AGENDA Item 1. Legislative Update- Senator Moe Keller and Representative Cheri Jahn - Item 2. Budget Update Item 3. Discussion regarding the City Council Retreat l~()ttfw St,llt' ot (( dor,ldo = MOE KELLER I..\L1IE-' ')f'fl<llor -';tate (,lPlt()/ HuiJrJing 1 )('Il\'pr I (JlorJdl) ()t 120 ~ . (lfllto/', ill!, <'ihil-4Ihb 4 J ) 5 1m )trccl ' 'Of f F -1 ' ., I I 'iOO" F.\\. ,,111, 0 n- ) ) Wi)l'dl Ridge, Co mdl 0' , 'E '/, P kdlec.'l'nale(/I'\IdIl',( IW.' /1<)111' I \\1\\,1)~ ()1 \() -nl,lI. nlO . -r::t.i? TOWN MEETING - LOCAL AND STATE GOVERNMENTS WHEN Saturday, February 21 9:30 to 11 am WHERE Copperfield's Marshall St. Wheat Ridge TOPICS State and local affairs, especially Eminent Domain Powers Rep. Cheri Jahn and Sen. Moe Keller wish to invite Mayor Gretchen Cerveny and all city councilors to join us in discussing the issues with interested citizens. Please come. Coffee and rolls complementary. Subject SB 2 SB 80 HB 1021 HB 1072 HB 1162 SB 1 SB 53 SB 91 SB 93 SB 104 HB 1024 HB 1120 CML Legislative Box Score 2004 Regular Session January 16,2004 (* means "with amendments") SUPPORT AudIts - mcreases the revenue and expendIture limIt below which a local government may be exempted from the requIrement for an annual audit. CWIC engagement - creates an advIsory committee concernmg promotIOn of civics. Alcoholrc beverages - reduces from 0.10 to 0 08 the level of blood alcohol content for the offense of drivmg under the mfluence, thus makmg the state entItled to certam federal transportatIOn funds ElectlOns - authonzes statutory muniClpahtles to change their regular electIOn date Alcohohc beverages - reduces from 0 10 to 0 08 the level of blood alcohol content for the offense dnvmg under the mfluence, thus makmg the state entItled to certam federal transportatIOn funds. OPPOSE Taxes - repeals business personal property taxes on a phased schedule without prOVIding replacement revenues for local govern men ts Traffic - lowers pomts for most traffic offenses and prOVIdes for electromc transmISSIOn of tickets at local expense Solid waste collectlOn -makes state laws regarding a matter of statewIde concern and restricts local billmg authonty Alcohol1c beverages - limits enforcement actIOns by state and local lIcensmg authontles where licensees comply wIth speCIfied trammg reqUIrements Water - mandates vanous water conservatIOn to be implemented measures by water providers ElectlOns - reqUIres politIcal subdivIsIOns that utIlize mall ballotmg to pay the return envelope postage for each voter Land use - reqUIres local master plans to be legally enforceable A-I S 2nd Readmg S Educ Com H Trans Com H 2nd Readmg* H Info & Tech Com S State, Vet. & Mil. Aff Com S Trans Com S State, Vet & MJl Aff Com S Bus Affairs & Lab Com S Ag, Nat. Res & Energy Com H State, Vet. & Mil Affairs H Local Govt. Com. CML UUI'tl~"1'lt'\',IIH\IMI:I".""t11I:l 1144 Sherman Street. Denver, Colorado 80203-2207. Phone (303) 831-6411, FAX (303) 860-8175 To From' Date Re Interested Persons Caroljnne WhIte, Staff >\ttomey; Sam Mamet. AssoCIate Director January 19, 2004 Proposed LU11ltatlons on Urban Renewal CondemnatIon Powers As requested, thIs paper IS 111tended to provIde a bnef OVerVle\, of the current Issue of urban renewal and condemnatIOn pov,;ers, and CML's posItIon on the same WhIle there have been several sensatIOnal stories m the press, there are (at least) two sldes to every story, and the other sIde of these stones has not yet been told. CML appeals to you to refram from Judgment untll you hear the rest of the story. HB 04- 1203, sponsored by Rep. Shawn Mltchell and Sen. Mark Hillman, would prevent title to condemned property from ever vestmg m a private entIty ASIde from vanous practIcal problems, CML opposes thIs b1l1 as an extreme approach. Whlle CML acknowledges that the tool of condemnatIOn has been used m controversial ways 111 Colorado, thIs approach \\ ould have prevented numerous extremely important and successful redevelopment projects from whIch not only local commumtles, but also the state as a whole, have benefited greatly . Our goal IS to make our commumtles a better place to lIve for our citIzens. vVhlle It IS true that mdlvldual property owners have certam nghts, and are entItled to Just compensatIOn for theIr property, these nghts must be balanced agamst the needs of the entIre commu11lty . Emment domamls actually used very rarely; the vast m3Jonty of acqUIsItIOns are made through nonnal purchasmg or negotIated settlements. Urban renewal authontles, by law and m practIce, never pay less than fan market value (m fact, usually more) . Redevelopment 111 many cases '^ ould not occur WIthout the use of emment domam. Govemment eXIsts to do thmgs that the pnvate market or mdivldual can't do No prn'ate developer would choose to redevelop many of these parcels, deal WIth complex and clouded tltle Issues, negotiate WIth multiple property owners and tenants, and take the finanCial risk of paj1ng for mfrastructure. The power of emment domam prevents one holdout property owner from interfermg with hIS neIghbors WIshes. . Sprawl v. infil1. WIthout the use of emment domain and the urban renewal process, the altematlve is spra,^ 1. Our cItizens have smd they want reVItalIzed Mam Streets, mfill development, adaptive reuse of agmg bUlldmgs and shoppmg centers. Ifwe can't use urban renewallemment domain to make these thmgs happen, developers will go to the edge of town, and buy large tracts of undeveloped land, because It'S easier and cheaper Second Regular Session Sixty-fourth General Assembly STATE OF COLORADO Il\TRODUCED LLS !\iO (1-'1-0641 (I] Belb Lackncr HOLSE B\iLL 04-1203 HOUSE SPONSORSHIP Mitchell, May Moo Schultheis. Carroll, Cloer. Frangas, lJan'ey, Hodge, Hoppe, Larson. Lundberg, McFadyen, Miller, Spradiey, Tochtrop, and Young SEN ATE SPONSORSHIP Hillman, Anderson. and Johnson S House Committees Information & Technolol,'V Senate Committees A BILL FOR AN ACT 1 01 CONCEI~I\IING L1l\IlT-HlO!\S ON THE POWER OF GOYERNMENTAL 102 ENTITIES TO RESTRICT THE RIGHTS OF PROPERTY OWNEI~S. Bill Summary (Note This summary applies to this hill as introduced and docs not necessarily reflect anl' amendments that may be subsequent/v adopted. ) [n connection with the powers of emment domam of governmental entlties, prohiblts pnvate property acqUIred by such entltles after the effective date of the act ti'om being subsequently transferred to a pnvate part). ProhibIts pnvate property acqUIred by an urban renewal authonty after the effective date of the act from bemg subsequently transferred to a pnvate party Shading denotes HOUSE amendment. Dcmbk underlining dcnOlcs SENATE amendment. Capitallerters it,dicate ne", material to be added to existing statute, Dashes thrOlIKh the words indicate deletions from existing statute. Be il enacted b.1 the Gencml Assembh o(the Slalc o(Colurado ') SEcno~ 1. 3x-]" 10 1 (1) Colorado RCVlscd Statutes. IS , -' amended to reau. 4 38-1-101. Compensation -limitations on transfer" commission " " jury - court - prohibition on elimination of nonconforming uses b~ (, amortization. (1) E~CEPT A.S AUTHORIZED B)' THIS SUBSECT!O), (I), .., , pnvate property shall not be taken or damaged for publIc or pm'ate use wIthout Just compensatIOn. NOT\\ ITHST AI\; DING A,",\ OHlER PROVISION 8 9 10 II OF L~ \\. NO PR]\,A TE PROPER r't ACQl'IRED A.FTtR THE EFFECTl\'E DA Tt OF THIS SUBSECTION (1). AS AMEhDED, PURSUANT TO TIllS .\RTICLE OR SECTIONS 14 A.]\n 15 Of '\,RTlelt II OF HIE ST "\IE CONSTlTUJOl\: SIIA.Ll BE 12 SUBSEQUENTI \ TRA1'-.SFER.RED TO A PR\\ A"TE P \RT, 13 SECTIO~ 2. 31-25-105 (1) (C). Colorado Rt'vlsed Statutes. IS 14 amended to read. ]5 31-25- 105. Powers of an authority. (I) Every authonty has all the powers necessary or convement to calTY out and effectuate the purposes and provIsions of thIS pmi I. mcludll1g, but not lImIted to, the followmg pOVvers Jll addition to others granted In t11IS part 1 Ie} To enter. Wllh the consent of the owner, upon an), buildmg or 16 17 lR lq 20 property IJ'l order to make surveys or appraIsals and to obtam an order for thls purpose from a court of competent JunsdictlOn m the event entry IS demed or reSIsted, to acqUIre an) property by purchase. lease, optlOn, gift. grant. bequest, deVIse. or otherWIse to acqUIre any interest m 21 ')') 23 24 property by condemnatIon. mcludmg a fee SImple absolute tItle thereto, 111 the manner proVided by the laws of this state for the exercise of the 25 26 power of eminent domain by any other pubhc body (and property already devoted to a public use may be acqUIred 111 a like manner except that no 27 -2- HB04-1203 21 'J'" -.1 24 25 property belongmg to the federal government or to a pubhc body may be ') acqUlred wIthout lis consent), except that any acqulsIt10n of an) mterest , J m propeii) by condemnation by an authonty must he approved as part of .:+ an urban renewal plan or substantial modd'icatlon thereoS: as prO\ ,ded 111 5 sectlon 31':25-107, by a majority vote of the govem1l1g body of the mU1l1C1pallty 111 whIch such property IS located t'\\D. 11'- .\CCORD<\NCE: (:1 7 8 WITII THE: Rf~QUIREME'HS OF SLellON 38-1-101 (1 ), CR.S., NO PRI\ATE PROPERTY '-\CQU1RED BY CO'\[)LM'\ATlO,", B, <\..'\ ALTHORlT, '\FTER TlIE q EFFECTlVE DATE UF TillS P,\RAGRAPIl (e), -\S "'-M!::NDED, SHALL ElL 10 1 ] Sl'BSEQUE:)jTL \ TRANSFERRED TO A PR1\ ''-TE PART...,. to hold. l1nprove, 12 clear, or prepare for redevelopment any such property; to mortgage, pledge, hypothecate. or otherWlse cncumber or dIspose of Its property; 13 and to Insure or provIde for the Insurance of any property or operatlOns of the authonty agamst any nsks or hazards, except that no pro\'IS]on of 14 15 any other law wtth respect to the plannmg or undcrtakmg of projects or the acquISITIOn, clearance, or dIsposttlOn of propert) bj publIc bodies shall restrict an authonty exercls1l1g powers under thiS pari 1 In the exerCIse of such funct10ns WIth respect to a project of such authonty unless the general assembly spectficaliy so states. 16 17 18 1q 20 SECTlO\i 3. Effective date - applicahility. (1) ThIS act sha1\ take effect September 1, 2004. 22 (2) However, If a refcrendum petItIOn 1sfiled against thIS act or an Item, section, or part of thiS act dunng the 90-day penod after final adjournment of the general assembly that IS allowed for submJttmg a referendum petitlOn pursuant to article V, section I (3) of the state constitution, then the act, Item, sectlOn, or part, shall not take effect unless approved by the people at a blenmal regular general election and 26 27 -3- HB04-1203 shall take effect on the date specified 1D subsectIon ( 1 ) or on the date of " lile offiCIal dec 1aral10n of the \ ote thereon by proc!amallon of the o -' governor, whichever IS later -+ (3) The pro\'lslOn~ of tlm: act ~hal1 apply to condemna;lOl! " proceedmgs commenced on or ailer the applicable effectIve date of thIS 6 act. -4- HB04-1203 r'age 1 at .!. Denver Post editorial Think outside the 'big boxt Sunday, January 18, 2004 - We're glad that several state lawmakers want to curtail the abusive use of emment doma in for private purposes by reining in condemnation powers of iocal governments. Recently, severai metro-area cities, including Denver, Wheat Ridge and Arvada have used condemnation to help private big-box retailers get land on the cheap, to the detriment of smallholders, including homeowners in working-class enclaves. Reforms enacted in 1999 apparently haven't stopped the abuse. Cash-strapped municipalities, covetous of increased sales-tax revenues, have used the awesome power to push aside small businesses that can't put as much money in the till as the national retailers. Condemnation also allows landowners willing to sellout to break leases with tenants. Getting cities to condemn property also means lower land-acquisition costs and less chance of litigation Also, big-box retailers often expect municipalities to pay part of the costs from future sales-tax revenues. (The thl'eat of taking the project to the next town over is an effective weapon) The problem doesn't change the fact that condemnation is an important tool for reclaiming blighted areas. But critics charge municipalities interpret blight too loosely. But using eminent domain as a cudgel to put the private interests of one business over another isn't a legitimate function of government in a fr-ee-market economy No surpl-ise, then, that the private- to-private condemnations have set off alarm bells among legislative Republicans and Democr'ats alike. Rep. Shawn Mitchell, R-Broomfield, pl"Oposes banning urban renewal authorities from transferring condemned property to a private party rather than use it fOI- roads or schools, for example Taken too literally, such a bill could become the "Slum Pl'eservation Act of 2004." It definitely needs tweaking Rep Lois Tochtrop, D-Westminster, wants to tighten the definition of "blight" and ban using it to replace businesses that yield low sales-tax revenues with ones with huge sales volumes But a constitutional initiative by former Sen Jim Brandon, R-Akron, calling for a three-year waiting period before condemned land can be sold would be yet another constitutional straitjacket that Colorado doesn't need The Colorado Municipal League will oppose "any radical or extreme restrictions placed on our urban- renewal powers because this tool is among the most important we have to continue the quality of life that we have in our communities to make our communities better places to live," said Sam Mamet, the league's associate director. Mamet also warns of "unintended consequences" of a bill that is too restrictive, and he has a point. i C'.j ('(-) http.//www denverpostcom/cdaJartlcle/pnnt/0,'1674,36% 7E4170/o 7E1894495,OO.html 1/19/2004 1 at:S~ _' Ii _ Still, people need to be reasonably secure in their homes - especially working stiffs whose principal asset is a well-kept brick bungalow It's clear to us there are too manv arbitl'ary loopholes in the urban-renewal statute that should b2 closed or tightened up http://VvwW denverposLcom/cda/artlc1e/pnntJO, 1674,36% 7E417% 7E1894495,00 html 1/19/2004