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
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MOE KELLER
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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
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amended to reau.
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38-1-101. Compensation -limitations on transfer" commission
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" jury - court - prohibition on elimination of nonconforming uses b~
(,
amortization. (1) E~CEPT A.S AUTHORIZED B)' THIS SUBSECT!O), (I),
..,
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pnvate property shall not be taken or damaged for publIc or pm'ate use
wIthout Just compensatIOn. NOT\\ ITHST AI\; DING A,",\ OHlER PROVISION
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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
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SUBSEQUENTI \ TRA1'-.SFER.RED TO A PR\\ A"TE P \RT,
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SECTIO~ 2. 31-25-105 (1) (C). Colorado Rt'vlsed Statutes. IS
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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
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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
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')')
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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
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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
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-2-
HB04-1203
21
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property belongmg to the federal government or to a pubhc body may be
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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
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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;
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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
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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.
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SECTlO\i 3. Effective date - applicahility. (1) ThIS act sha1\
take effect September 1, 2004.
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(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
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-3-
HB04-1203
shall take effect on the date specified 1D subsectIon ( 1 ) or on the date of
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lile offiCIal dec 1aral10n of the \ ote thereon by proc!amallon of the
o
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governor, whichever IS later
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(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