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HomeMy WebLinkAboutStudy Session Agenda Packet 02-01-16MEETING CANCELED DUE TO WEATHER STUDY SESSION AGENDA CITY COUNCIL CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO February 1, 2016 6:30 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Administrative Services Director at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. Citizen Comment on Agenda Items 1. Staff Report(s) 2. Elected Officials’ Report(s) 3. Annual Legislative Forum 4. Update on Cre8 your 38 process 5. Review of Council Rules ADJOURNMENT • I • ..... • City of ~Wheat~dge _?'()ntu or TH£ C11Y MANA<JER TO: THROUGH : FROM: DATE: SUBJ ECT: Memorandum Mayor and Mcrnbers of City Council Patrick Gotf, City Manager~ Heather Geyer, Administrative Services Director Carly Lorentz, Managerncnt Analyst February I. 2016 Study Session, Feb. I -2016 Annual Legislative Forum Enclosed for your review are materials for the upcoming 2016 Legislative Forum scheduled for Monday, February I , 2016 at City Hall in the City Council Chambers. The Legislative Agenda document is a high level policy document meant to indicate the City's overall legislative priorities and provide direction to the Council, CML legislative policy committee members and staff during the legislative session. The Legislative Issues Guide is provided as a quick reference tool to help both Council Members and state officials understand the current issues that are important to the City and the position the City has taken on those issues. Dinner will be served at 6:00p.m. and the forum will start shortly thereafter. Both Senator Cheri Jahn and Representative Jessie Danielson have confirmed their attendance. The Legislative Forum is an opportunity for our elected officials to discuss their legislative priorities, current legislation and Wheat Ridge positions/priorities for the session. A dinner buffet will be provided by Food for Thought. If you have any questions, please do not hesitate to contact rne at303.235.2867. /cgl '\. J ~ ~of Wheat~ge City of Wheat Ridge Annual Legislative Forum Agenda February 1, 2016 Wheat Ridge City Hall Council Chambers 6 p.m. Dinner will be served Welcome: Mayor Joyce Jay Introductions Councilmembers Monica Duran and Zachary Urban CML Policy Committee 6:20 p.m. - 7 p.m. 2016 Legislative Session Preview: Senator Cheri Jahn Representative Jessie Danielson Discussion of Priority Legislative Issues: -Open Records -Taxation -Urban Renewal Closing Remarks: Mayor Joyce Jay "Keeping Local Control Local and Home Rule At Home" 2016 Legislative Agenda Table of Contents ELECTED OFFICALS WHEAT RIDGE COMMUNITY PROFILE WHEAT RIDGE FIVE-YEAR GOALS WHEAT RIDGE STRATEGIC PRIORITIES LEGISLATIVE TOPICS . ' . . ~of WheatRi_dge 2 3 6 7 8 2016 Legislative Agenda ..... # Wli~ of D .;.rl~ eat~.~e Wheat Ridge Elected Officials Mayor Joyce Jay 303-420-8533 jjay@ci.wheatridge.co.us Monica Duran, District I 720-312-0583 mduran@ci.wheatridge.co.us Zachary Urban, District II 720-252-5930 zu rban@ci .wheatridge .co. us Tim Fitzgerald, District Ill 720-360-0871 tfitzgerald@ci. wheatridge .co.us Larry Mathews, District IV 303-396-5201 lmathews@ci.wheatridge.co.us Janelle Shaver City Clerk 303-235-2823 jshaver@ci. wheatridge .co. us Janeece Hoppe, District I 720-556-9425 jhoppe@ci.wheatridge.co.us Kristi Davis, District II 303-757-8488 kdavis@ci.wheatiridge.co.us George Pond, District Ill 303-880-8729 gpond@ci.wheatiridge.co.us Genevieve Wooden, District IV 303-204-9504 gwooden@ci.wheatridge.co.us Jerry DiTullio City Treasurer 303-231-1392 jeditullio@ci.wheatridge.co.us State Elected Officials State Rep., District 24 Jessie Danielson 303-866-5522 jessie.danielson.house@state.co.us 2 State Senator, District 20 Cheri Jahn 303-866-4856 cheri.jahn.senate@state.co.us 2016 Legislative Agenda I ' . . :#t: , 'X '}iCity of D ;rl~ vv eat_~~e Wheat Ridge Community Profile Vital Statistics Date of Incorporation August 20, 1969 Form of Government Council -Manager Total land Area 9.5 Square Miles ··- Wheat Metro Ridge Denver Population , .. ~ -' 30,365 2,763,317 Employment 14,925 1,433,095 Median Age 42 38 Percent of Housing Built 86% 48% Prior to 1980 Average Annual Wage $62,336 $82,986 Median Household $48,777 $52,360 Income Poverty Rate -,. 9% 19% Population with Post-28% 41% Secondary Degrees Percent of Population ·:-t-with High School Diploma 27% 21% i Only Population by Age of Residents 20.0% 15.0% 10.0% 5.0% 0.0% 5.0% 10.0% 15.0% 20.0% • Female • Male 3 Data provldl'd by ORCOG D.lt.ll O.sclaimer: Tht dat.ll tn thiS report are compll!'d from multiple ~ourres and are inte-ndt'd for lnlormahonal purpo~l'S ootv. ORCOG and Whrat Ridge a~ml'~ no rP~pon:.ibihtv or legal habihiV for the accuracy, complt'leness ot useluln~s of anv InformatiOn In this report 2016 Legislative Agenda \I ' ~of "Wlieat~e Wheat Ridge Community Profile Housing Statist ics Wheat Ridge Metro Denver Households 13,847 1,093,193 Housing Types Avg. Household Size 2.15 2.47 Percent of 44% 31% Multifamily Home Ownership 57% 69% Rented Vacancy 6% 6% Rate • Single Family • Married with Children Married no Children • Single Parent • Other Non Family 65+ Living Along City Government Statistics Resources Number of Employees Full-time/Part-time 227.265 Benefited 289 Part-time 121 Seasonal Police Protection Number of Uniformed Officers 75 Full-time Number of Patrol Units 24 Facilities Public Works Shop 1 Recreation Centers 2 Active Adult Center 1 Pools 2 Parks 24 Lakes 5 Open Space 274 acres Multi-use Trails 7+ miles Sports Fields 46 Historic Properties 3 4 '\ ~ , 2016 Legislative Agenda ~of 'Wlieat~e Wheat Ridge Community Profile Community Statistics Fire Districts 4 Water Districts 6 Sanitation Districts 7 Cable Television Providers Comcast 3 Direct TV Dish Network Public Schools Elementary Schools 7 Secondary Schools 3 High Schools 1 Major Employers Exempla lutheran Health Care Jefferson County Forecasted Population Growth by Age :! P~1!1 &~r (%) -flip 2{!. 5{!('!l) -Po9 5{l &~(%) lalatP~Cttange ("'I Rocky Mountain Bottling Company lifeloc Technologies Reglera Applejack Liquor Qdoba Restaurants Source Office Products Metro Community Provider Network Occupation by Industry Nal R11011r01 & CO"IIirllttlon B~tlneu S~:-ce & Mt 5 ~beat Ridge ;:::; ReiJtan City of Wheat Ridge Five-Year Goals Economically Viable Commercial Areas Financially Sound City Providing Exceptional Service Choice of Desirable Neighborhoods More Attractive Wheat Ridge 6 . ' . , 2016 Legislative Agenda ~of W h e at"R!9ge 2014/2015 Strategic Priorities Action Agenda Revenue Enhancement Engage Development/Redevelopment Opportunities Community/Neighborhood Building 38th Avenue Corridor Implementation Code Enforcement Multi-modal Transportation Targeted Housing Incentive Policies The priorities in the Action Agenda above are developed in cooperation with staff and City Council annually. Each of these items is reviewed quarterly by the City Council to provide updates and to monitor the status of each priority. 7 ... \ • .I 2016 Legislative Agenda ~of Wlieat~e LEGISLATIVE TOPICS These topics are in alphabetical order and the order of the list does not reflect prioritization by the City. POLICY TOPIC Page No. Consolidation of Governments 9 Economic Development 9 Education 9 Electric and Natural Gas Services 10 Energy 10 Environment 11 Housing 11 Human Rights 12 Initiative Reform 12 Intergovernmental Cooperation 12 Land Use and Municipal Development 12 Local Control and Municipal Home Rule 13 Local Tax Authority 14 Lottery 14 Police, Fire and other Pension and Employee Benefits 15 Postal Service 15 Privatization 15 Public Employment 15 Public Liability 15 Public Safety and Court Operations 16 Purchasing 16 State and Federal Mandates 16 State Fiscal Fair Play 17 Telecommunications 18 Transportation 18 Water 19 Youth 20 NOTE: Legislative priorities can change throughout the legislative session depending on the types of bills that are actually introduced. This list was developed p rior to the 2016/egis/ative session and has been updated as needed. 8 • j 2016 Legislative Agenda ~ WliCity of D ;rlrT. eat~~e Consolidation of Governments The City of Wheat Ridge supports voluntary consolidation of local government entities and services by mutual agreement. Economic Development Economic development in Wheat Ridge is not only about attracting new businesses, but more importantly, ensuring that existing businesses have the resources they need to thrive! Robust economic development activities help create jobs, support local spending and contribute to the overall health of the Wheat Ridge community by supporting the programs and services the City provides. Message to State Officials The City of Wheat Ridge believes strong economic development will result from a combination of national, state and local efforts. We request that our elected officials support legislation that will promote economic activities throughout Colorado. Request to State Officials • Support local government activities promoting economic development. • Support comprehensive efforts among state and local governments and the private sector to establish an effective tourism promotion program. • Support adequate funds and staff for a strong, multifaceted program to promote the economic vitality of Colorado. This program should encourage the diversification and expansion of local economies, including support for existing business, creation of new jobs and promotion of tourism. The program should be closely coordinated with local governments and the state should never promote a specific economic development project against the wishes of the community or communities most directly affected by the project. • Oppose unreasonable restrictions on urban renewal authorities. Education The City of Wheat Ridge believes an effective education system supplies our community with an educated and well-trained workforce who will both allow existing businesses to expand and attract new business investment. The most effective programs are those partnerships among our educational institutions, local stakeholders, and local governments. Due to its importance to our communities, the City supports education as a community-wide value. Message to State Officials As a community-wide value we ask that legislators support all levels of education to ensure Colorado residents can compete for the jobs of the future. Request to State Officials • Support state and local policies and initiatives that encourage greater early learning, K-12, higher education, workforce training opportunities, and lifelong learning opportunities. 9 1 ' ' 2016 Legislative Agenda ~of WlieatRi__dge • Support access to information and resources that help parents and caregivers give students the greatest chances to learn and grow in safe and healthy ways. • Support state initiatives that enhance creative and innovative partnership opportunities with businesses and educational institutions, including shared facilities, school resource officers, and enhanced programming. • Support funding of education in the state in a balanced manner which takes into consideration the needs of all sectors of the economy and yet not at the expense of municipal revenues. Electric and Natural Gas Services As a member of the Colorado Municipal League the City of Wheat Ridge supports its sister communities with the following positions: • Opposes federal or state restrictions that would limit the ability of municipalities to create new municipally owned utilities. • Opposes federal restrictions that would dictate territorial service areas or restrict the ability of municipally owned utilities to service customers within their municipalities, including newly annexed areas. • Opposes federal legislation requiring states to implement retail competition. • Opposes federal or state restructuring of the electric or natural gas industry if such restructuring restricts municipal authority to regulate the use of rights-of-way and to franchise and tax utilities and services, interferes with services provided by municipally owned utilities, fails to protect interests of all consumer classes or sacrifices environmental and social objectives protected under existing regulatory policies. • Opposes efforts to prevent municipalities from extending utility services to newly annexed areas, or providing utility services to customers in unincorporated county properties adjacent to the municipality. Energy The City of Wheat Ridge is an environmentally minded community that recognizes several compelling reasons for developing a comprehensive energy policy. Energy conservation saves dollars; energy conservation and renewable energy production creates jobs and supports local economic development efforts; energy conservation reduces our nation's dependence upon foreign oil and improves our energy security; and that municipalities are often in a position to lead by example. Message to State Officials Support the ability of municipalities to access alternative energy resources in a cost- effective manner. Use municipalities as a resource to provide education and access to information that advocates the economic and environmental benefits of increased energy efficiency to our residents. Request to State Officials • Support the development of a balanced, long-term statewide energy plan with an overall goal of reducing greenhouse gas emissions through a mix of non-renewable fossil fuels, renewable energy sources, and energy efficiency and conservation programs. • Support the creation and expansion of statewide goals that provide targets and incentives for the implementation of renewable energy strategies. 10 2016 Legislative Agenda •• ~ . ~ \V~~~tR.i_dge • Support municipal efforts to assess energy efficiency opportunities in their own operations and in their communities as a whole ; setting energy efficiency targets; and creating local action plans. • Support retrofitting municipal facilities with energy efficient technologies; policies that enhance municipal energy conservation; and programs that promote the generation of alternative energy sources. • Support collaboration between appropriate state and local agencies to educate municipalities on the use of energy efficient building codes. Environment The City of Wheat Ridge is an environmentally minded community that strives to manage all of its resources in a responsible manner with a focus on the long-term environmental, economic and social well-being of the City and staff. Message to State Officials The City of Wheat Ridge supports efforts at the state and federal level to provide assistance to municipalities to address environmental issues. Unfunded mandates to address environmental issues further diminish the City's ability to fulfill local needs and priorities. Request to State Officials • Support relief for municipalities from the burden of Superfund (CERCLA) requirements and application of a reasonable municipal settlement policy by the Environmental Protection Agency. • Support federal and state programs that encourage cleanup and reuse of brownfield properties. • Support full federal funding for cleanup of contaminated federally owned or managed sites, such as Rocky Flats. • Oppose increases in the proportion of municipal cash funding support for state environmental programs. • Oppose state preemption of local government authority to adopt environmental ordinances. Housing The City of Wheat Ridge recognizes that availability and affordability of decent housing is an important concern to Colorado's municipalities. Message to State Officials Support legislation that encourages adequate supplies of good housing, regardless of income level, and continued public-and-private-sector support for such an effort. Request to State Officials • Support maintaining financial assistance and programs from the federal government for housing needs of low and moderate income families. • Support state financial support for the Division of Housing's loan and grant program for low and moderate income housing. 1 1 \ ' 2016 Legislative Agenda ~of WlieatR.i9ge • Support the continued efforts of the Colorado Housing Finance Authority to work with municipalities on the Authority's various housing loan programs. • Support the preservation, revitalization and redevelopment of existing neighborhoods. • Support public and private financial assistance programs to address the needs of the homeless. • Support programs that involve municipalities in addressing foreclosures. Human Rights As a member of the Colorado Municipal League the City of Wheat Ridge supports programs that protect the rights and dignity of the individual and encourages programs that address such issues as employment. housing, health care, substance abuse and equal opportunity. Initiative Reform The City of Wheat Ridge supports efforts to reform the state's initiative and referendum procedures. Intergovernmental Cooperation Citizens are best served when officials of federal, state and local government (including municipalities, counties, special districts and school districts) respect the roles of each entity and work toward common solutions. Message to State Officials Support increased dialogue and cooperation among federal, state and local officials and the development of cooperative intergovernmental solutions to common problems. Land Use and Municipal Development The League supports local control and determination of local land use issues. In general, the League supports state laws and policies that encourage new residential, commercial and industrial development to occur within existing municipalities and that discourage the sprawl of urban, suburban or exurban development into rural and unincorporated areas of the state. Message to State Officials Support legislation that preserves local control and determination of local land use issues. Request to State Officials • Support prohibition of the incorporation of new cities and towns adjacent to, or within the service areas of, existing municipalities. • Support increased municipal and, within unincorporated areas, county controls over the formation of special districts, placing additional limitations on the powers exercised by such districts and, where practicable, providing for the dissolution or phasing out of special districts. • Support appropriate efforts to permit application and enforcement of municipal ordinances, such as building codes, fire codes, subdivision regulations and zoning ordinances, to buildings and improvements proposed to be constructed by government entities. 12 2016 Legislative Agenda ~of w-lieat RL...dge • Support municipal discretion concerning the imposition of development fees and requirements. • Support the clear authority of municipalities to collect an impact fee for schools. • Support financial and technical assistance to municipal governments in the areas of planning and land use. • Support municipalities, when appropriate, in utilizing sub-local governments (neighborhood, nonprofit, and civic organizations and homeowners' associations) in developing and implementing solutions to specific localized issues. • Encourage measures that promote intergovernmental cooperation on land use issues. • Encourage coordination of land use and transportation planning. • Encourage municipalities when using tax increment financing to promote communication and intergovernmental cooperation with affected local governments. • Generally, oppose efforts to restrict municipal authority to annex territory. • Oppose delegation of municipal land use authority to state agencies or preemption of municipal land use controls. • Oppose federal or state restrictions, beyond those constitutional restrictions that have been defined by recent Supreme Court decisions, on the ability of federal, state or local governments to regulate private property or to exercise the power of condemnation for the benefit of public health, safety and welfare .. • Oppose unreasonable restrictions on urban renewal authorities. Local Control and Municipal Home Rule In order to consider local conditions and address local desires, community issues and needs should be addressed locally. State and federal government interference can undermine home rule and local control. Message to State Officials The City of Wheat Ridge asks its representatives to oppose legislation that would allow for state and federal interference into local decisions. Request to State Officials • Oppose state and federal government interference which can undermine home rule and local control. • State officials should consult with municipalities in order to understand the impacts of legislation that limits local control. • Urge state officials to respect Colorado's tradition of local control and allow municipal officials to address local problems without interference from the state and federal government. • Urge congress and the executive branch to respect the roles and responsibilities of states and local governments and similarly urges state officials to avoid preempting local authority. 13 2016 Legislative Agenda • I~ '~of D -irlrr. vv ~~.eat .. ~e • Support state enabling legislation that provides municipalities with authority and flexibility to address local needs. • Recognize the desire of the citizens statewide and in many local communities, with adoption of a constitutional amendment in 1902 and expanded amendments approved in 1912 and 1970, to establish municipal home rule and oppose state action that attempts to weaken home rule authority and flexibility. • Support the continuation of Executive Order 5 as a tool for collaboration among state and local officials. Local Tax Authority The City of Wheat Ridge's primary revenue source is local sales and use taxes. Statewide, municipalities generate more than $5 in these taxes to every $1 of property taxes. Sales and use taxes have enabled municipalities to fund public services and improvements and keep municipal property taxes relatively low. Appropriate actions at federal, state and local levels should preserve or enhance these local revenues. Message to State Officials Changes made at the statehouse to the overall sales tax base directly affect municipalities. Oppose legislation that undermines local tax authority. Request to State Officials • Support retention of authority for all municipalities to set local tax rates and for home rule municipalities to collect their own taxes and determine their own tax bases. • Support broadening the state sales and use tax base. • Support appropriate legislation or court action allowing state and local governments to require businesses to collect state and local sales and use taxes on remote sales. • Support cooperative efforts among municipalities to standardize municipal sales and use tax practices and utilization of technology for the convenience of taxpayers, the business community, and municipalities. • Oppose further reductions in the state and local sales and use tax base. • Oppose legislation that would preempt the authority of state and local governments to apply their sales and use taxes to remote sales. Lottery The City of Wheat Ridge supports preserving all lottery proceeds for park, recreation, open space and wildlife purposes pursuant to the Great Outdoors Colorado program adopted by Colorado voters in 1992. Lottery funding has played a critical role in supporting local parks, recreation and open space developments in Wheat Ridge. Message to State Officials • Oppose legislation that would change the current allocation of lottery proceeds. Request to State Officials • Support the protection of the current lottery system. 14 2016 Legislative Agenda " .. I # :~ .P'Gtyof Wlieat~dge Police, Fire and Other Pension and Employee Benefits The City of Wheat Ridge: • Supports continuation of state matching funds to assist in retiring unfunded liabilities that accrued under the old police and fire pension plans. • Supports equitable levels of state funding for volunteer firefighters' pensions. • Opposes mandates that increase the cost of or create inequities among municipal employee pension, workers' compensation or other employee benefits. • Opposes mandated Social Security or Medicare coverage for public employees, mandated benefrt levels or funding standards for municipal employee pension plans, or other unreasonable burdens or restrictions in connection with the administration of municipal employee benefit plans. • Opposes mandated so-called "Police Officers Bill of Rights" interfering with the management and budget prerogatives of local governments. Postal Service As a member of the Colorado Municipal League the City of Wheat Ridge supports legislation and administrative action by the United States Postal Service requiring use of mailing addresses and ZIP codes that reflect the corporate boundaries of cities and towns in order to eliminate confusion among citizens and businesses and to reinforce community identities. Privatization As a member of the Colorado Municipal League the City of Wheat Ridge supports the use of private-sector businesses to provide public services when detennined by municipal officials to be in the public interest. Public Employment The City of Wheat Ridge opposes efforts to interfere with its ability to determine the terms and conditions of municipal employment. Public Liability Because of the financial burdens caused by the increasing number of lawsuits against municipalities and their officers and employees, the deterrent that litigation presents to continued service by public officials and the need to assure that municipal liability does not impair the provision of necessary services to the public. Request to State Officials • Support the availability of public liability insurance at reasonable costs and the ability of municipalities to reduce such costs through self-insurance or other reasonable means. • Support reasonable federal limitations on and reduction in the liability for monetary damages payable by public entities and public employees in suits brought under federal laws. • Support limitations on the liability of municipalities and their officers and employees. • Oppose efforts to expand the liability of public entities and public 15 '' J ~ 2016 Legislative Agenda ~of Wlieat~e Public Safety and Court Operations Local control of services including police and courts is essential. Federal and State agencies are an important resource to local governments and special districts in the areas of information, coordination, training, and funding to assist in homeland security and first responder responsibilities. Message to State Officials Support legislation that preserves local control of police and court services and encourages close cooperation among all levels of government. Request to State Officials • Support ensuring that municipal governments retain flexibility in implementing federal and state criminal justice programs. • Support state-and community-based intervention, prevention and rehabilitation programs and state initiatives that respect the key role of communities and local government officials. • Support local control of local emergency services and involvement of the state as a resource to local government in the areas of information, coordination and training. • Support state funds for those state agencies that serve as a resource to local emergency services. • Support close cooperation at all levels of government and increased federal funding to assist local government homeland security and first responder responsibilities. • Oppose state preemption of municipal authority to regulate firearms within municipalities. • Support ensuring that municipal governments retain flexibility in implementing federal and state criminal justice programs. • Support a voluntary uniform statewide fire incidence reporting program. • Oppose imposition of state surcharges on municipal court fines for the purpose of funding state programs. • Oppose limitations on the authority of municipalities to enforce their own ordinances in municipal courts. Purchasing The City of Wheat Ridge supports the authority of municipal officials to determine local purchasing and contracting procedures. State and Federal Mandates Programs and regulations mandated by the state or federal government stretch the financial resources of municipalities. These costs, if not paid by the state or federal government, prevent municipalities from fulfilling local needs and priorities. Message to State Officials The City of Wheat Ridge opposes regulations mandated by the state and/or federal government that stretch the financial resources of municipalities. 16 2016 Legislative Agenda ~ WliCity of D ;.rlrT. eat.~~e Request to State Officials • Support local government activities promoting economic development. • Support comprehensive efforts among state and local governments and the private sector to establish an effective tourism promotion program. • Support adequate funds and staff for a strong, multifaceted program to promote the economic vitality of Colorado. This program should encourage the diversification and expansion of local economies, including support for existing businesses, creation of new jobs and promotion of tourism. The program should be closely coordinated with local governments and the state should never promote a specific economic development project against the wishes of the community or communities most directly affected by the project. • Oppose unreasonable restrictions on urban renewal authorities. State Fiscal Fair Play Municipal finances are closely interrelated with state finances and policies. State adherence to fiscal fair play policies will greatly help municipalities and their citizens. Message to State Officials As a home rule municipality, the City of Wheat Ridge is a fiscally conservative community that seeks to provide a high quality of life for citizens. Therefore, Wheat Ridge asks you to oppose legislation that undermines or negatively changes state fiscal fair play policies. Request to State Officials • Support appropriate action to address the state and local financial crises caused by the interaction of various constitutional amendments and the economy. • Support the authority of municipal officials to determine local purchasing and contracting procedures. • Support appropriate action to address the state and local financial crises caused by the interaction of various constitutional amendments and the economy. • Support continued state sharing with municipalities of equitable portions of existing and future revenues derived from traditional state-collected, municipally-shared sources. • Urge the state to avoid or exercise restraint in relying on fees, charges and other cash funding of programs that affect municipalities, especially in the areas of technical assistance, in programs where municipal participation is mandated by state law, and in regulatory programs that affect municipalities. • Oppose state granted exemptions or other state actions that erode municipal sales, use, property and other revenues unless the state provides adequate replacement revenues. • Oppose disproportionate cuts in state programs that benefit municipalities. • Oppose the state utilizing local funds or requiring local governments to collect state revenues in order to fund state programs. 17 ... , 2016 Legislative Agenda ~of Wlieat~e Telecommunications The City of Wheat Ridge supports the development and deployment of new communication technologies, state and federal policies that promote universal access, technological innovation, competition, and the implementation of new services. Message to State Officials Oppose legislation that would strip municipal franchising, taxing and/or regulatory authority over public rights-of-way and telecommunication systems. Request to State Officials • Support the retention of municipal regulatory authority over cable television systems to include: }> Be fairly compensated for use of public rights of way; ll> Require communications service providers who use the rights of way to obtain local permission for such use; ll> Maintain local control of rights of way; }> Prevent redlining or other discriminatory practices; and ll> Ensure appropriate customer protections. • Support affordable access to all municipalities to state-of-the-art telecommunication and information services. • Oppose federal or state restrictions on local control of municipal rights-of-way or on the authority of local governments to develop or acquire their own communication infrastructure. • Oppose federal or state restrictions on municipal franchising, regulatory and taxing authority over telecommunication systems. • Oppose legislation that prohibits or restricts municipalities from offering broadband services. Transportation The City of Wheat Ridge believes cooperation among the Colorado Department of Transportation, counties, municipalities and interested stakeholders is necessary to improve Colorado's transportation system. State transportation policies should address the need to maintain and expand transportation options while providing management options that will improve Colorado's transportation system. Message to State Officials Support legislation that encourages federal, state and local cooperation. Support legislation that will preserve or increase funding for municipal transportation needs. Request to State Officials • Support increased funds to finance pressing surface transportation needs as long as equitable portion of new revenues is returned to cities and towns. • Support Colorado Department of Transportation assumption of street lighting and general maintenance costs on state highways within municipalities. • Support limitations on uoff the top" diversions from the Highway Users Tax Fund. • Support preservation of the constitutional requirement that highway user revenues be utilized only for highways, streets and roads. 18 .. 2016 Legislative Agenda ~of WlieatRl_dge • Support greater flexibility and increased revenues for multi-modal systems outside of the Highway Users Tax Fund. • Support preservation of federal funding guarantees for transportation and allocation of all federal transportation taxes and funds for their intended transportation purposes. • Support close cooperation among Colorado Department of Transportation, counties, municipalities and interested stakeholders in improving Colorado's multi- modal transportation system. • Encourage a balanced state transportation policy that addresses the need to maintain and expand roadway, bicycle, pedestrian, transit, carpool/vanpool and demand management options to improve Colorado's transportation system. Water Because water resources are of a statewide concern, the City of Wheat Ridge: • Supports water policies that protect Colorado water resources. • Supports the constitutional doctrine of prior appropriation and the constitutional priority given to domestic water use. • Supports the inventorying and protection by municipalities of their water rights. • Supports appropriate water conservation efforts and sustainable water resource management practices by all users. • Supports efforts to increase knowledge of water-related issues of concern around the state to municipalities. • Supports participation in statewide discussions of water use and distribution. • Supports appropriate coordination of municipal water use with other uses including agriculture, mineral resource development, energy development, recreation and open space. • Supports federal and state financial aid programs assisting municipalities, including recognition of the special needs of smaller municipalities, with the construction and improvement of water systems to protect water quality and to comply with federal and state mandates. • Supports continued federal and state funding for wastewater treatment and drinking waterfacilities to reduce local costs and expedite construction of necessary treatment and collection facilities. • Supports stakeholder input and involvement in developing laws and regulations related to water and wastewater issues. • Supports reasonable and practical application of air and water pollution control laws by federal and state administrative officials and encourages restraint in modifying legislation and regulations that have a fiscal impact on municipalities. Particularly in the area of water quality, enforcement should be correlated with the availability of funds necessary to achieve stated goals. • Supports adequate state regulation and enforcement of drilling and mining sites, production facilities and waste product storage and disposal facilities; supports 19 2016 Legislative Agenda ~of \VheatR.i9ge practices to assure citizen safety, environmental protection and the protection of domestic water sources; and opposes state preemption of local land use and watershed regulations. • Encourages on-going communication by federal land managers with affected municipalities regarding the leasing of federal lands that might impact local land use and environmental policies including, but not limited to, local watershed ordinances. Youth As a member of the Colorado Municipal League the City of Wheat Ridge: • Supports municipal and other efforts to address youth issues and needs. • Recognizes the influence that parents in partnership with nonprofit and religious organizations, local businesses and other governmental jurisdictions have on the development of youth. • Encourages utilization by public schools in cooperation with local governments of League-published or other civics curriculum to educate students in state and local government. 20 2016 LEGISLATIVE PRIORITIES OF CITIES & TOWNS r-~:>CAL-cONTROL 8: HOME RULE- The Colorado Municipal League IS a strong advocate for the state's tradition of local control and home rule, which allow cities and towns the max1mum flexibility and discretion in municipal finance, implementation of local policy, and delivery of public services. Local control should remain local and home rule should stay at home. Neither should be centralized at the Statehouse. Municipal government is the cornerstone of good government in Colorado, and we value the partnership that exists with state and federal officials The citizens who mumcipal officials represent are the same citizens who legislators represent The policies legislators enact affecting municipalities must be implemented by municipal leaders and local taxpayers. To maintain the strength of this partnership, CML urges legislators to consider the impacts of decisions on the municipalities in their respective districts. SNAPSHOT OF KEY MUNICIPAL ISSUES URBAN RENEWAL AND DOWNTOWN DEVELOPMENT Tax increment financing (TIF), combined with private investment, makes redevelopment possible. Urban renewal is used throughout Colorado to redevelop blighted, disadvantaged areas plagued by challenges that make traditional redevelopment cost prohibitive to the private sector. TIF is used in urban renewal areas to capture increases in property and/or sales tax that would not have otherwise ""~urred to subsidize costly public .Jovements within the project area. r-1awed legislation in 2015 threatens the future of redevelopment projects that bring safety, productivity, and vitality to declining areas of municipalities. It is critical in 2016 that the General Assembly restores a fair process that does not impair existing plans and projects, prevent new ones, and does not expand the scope of the statute. Downtown development authorities (DDAs) have rehabilitated downtowns throughout Colorado. DDAs are different than urban renewal, and property owners have a direct voice in how their taxes are used. The legislature should not confuse urban renewal with downtown development or restrict their limited scope. LAND USE AUTHORITY Ensuring compatibility of land uses has always been important to protecting property values, personal safety, and quality of fife. Recent pressure for more "local control" over oil and gas activities is, in part, a reaction to state preemption efforts. Well- meaning water conservation efforts have led to attempts to preempt land use decisions that belong at the local level. Nothing is ·'>re basic to the notion of local control and me rule than vesting the control over land use within each community. FISCAL FAIR PLAY The impact of state mandates on municipal government is a major policy concern of many city and town leaders. CML urges resistance to imposing responsibilities on local governments without the financial resources to fund such mandates. Both the Colorado Constitution and state statutes contain provisions prohibiting unfunded mandates. Counties and special districts are also expected to engage in fiscal fair play in their relationships with municipalities. The state should cease the practice of taking local severance tax and federal mineral lease revenue away from impacte<1 municipalities as a means to avoid its own fiscal problems. AFFORDABLE HOUSING The availability and affordability of housing, regardless of income, is an important issue for Colorado municipalities, both urban and rural. CML works to ensure continued public and private sector support, as well as increased state and federal financial assistance. The League supports programs to address homeiessness, as well as the preservation, revitalization, and redevelopment of existing neighborhoods. LOCAL TAX AUTHORITY Sales and use taxes are critlcal to Colorado municipalities. On average, more than 70 percent of municipal tax revenues are derived from sales and use taxes. In general, statutory cities and towns tax, and exempt from tax, the same things as the state. However, when the state gives a tax break, regardless of intent, it can adversely affect local revenues as well as state revenues. More than 100 such exemptions to the state sales and use tax base have been enacted since 1975. There also have been proposals in the General Assembly to alter the property tax base, most notably by eliminating the business personal property tax. Any exemptions like this must be "back- filled" by the state, otherwise local government tax revenues will be reduced significantly. SUSTAINABIUTY Many cities and towns lead by e.xample on energy and water conservation programs without the heavy hand of state mandates. MuniCipalities enjoy a strong partnership on water and energy conservation issues with the state, including a robust relationship with the Colorado Energy Office. The best results occur when the General Assembly assists the further development of appropriate sustainability effort.s at both the urban and rural levels. TRANSPORTATION AND INFRASTRUCTURE Colorado's transportation system of roadways and transit is a state and local networi< vital to Colorado's future. Municipal officials support increased state transportation funding that includes the return of an equitable portion of new revenue to cities, towns, and counties. Local water and wastewater treatment and distribution Infrastructure requires continuous, substantial investment that is difficult for economically disadvantaged communities. Municipal officials support a shared state and local partnership for funding required improvements for clean water and safe drinking water. PUBLIC SAFETY It Is important to keep local control of emergency services, including employment matters. The state is a valuable resource for information, coordination, and training. CML supports partnerships across all levels of government and increased federal funding to assist local governments' homeland security and first responder duties. ENERGY IMPACTS AND ECONOMY Cities and towns deal with the impacts of energy development and receive invaluable help from the Department of Local Affairs, demonstrating a strong partnership between the state and municipalities. Municipalities seek to minimize conflict with the energy industry that plays an important role in the state and local economies, while not reducing any existing local authority. CML THE VOICE OF COLORADO CITIES & TOWNS The Colorado Municipal League (CML) is a nonprofit, nonpartisan organization that has served and represented Colorado's cities and towns since 1923. As such, CML is a reliable source of information about legislative issues and their impact on Colorado's cities and towns and their residents. 268 cities and towns are members of the League, and policies are determined by members though the CML Policy Committee and the CML Executive Board . FOR MORE INFORMATION COLORADO MUNICIPAL LEAGUE 1144 Sherman Street. Denver. CO 80203 (p) 303-831-6411 /866-578-0936 . (f) 303-860-8175 wwwcml.org QUESTIONS ABOUT MUNICIPAL POLICY? CML employs four full-time advocates to assist in development and communication of policies. They closely watch proposed legislation and work with legislators to understand municipal impacts. KEVIN BOMMER Deputy Director kbommer@cml org MEGHAN DOLLAR Legislative & Policy Advocate mdollar@cml org DIANNE CRISWELL Legislative & Policy Advocate dcriswell@cml.org GEOFF WILSON General Counsel gwilson@cml.org ( HB 16-1069 CML BUILDING A STRONG PARTNERSHIP WITH COLORADO'S CITIES AND TOWNS AFFORDABLE HOUSING LOCAL CONTROL FOR SETTING HOUSING COMMISSIONER TERMS HB 16-1069-YOUR "YES" VOTE RESPECTFULLY REQUESTED Background: Currently, in C .R.S. 29-4-205, the term to serve on a municipal housing authority is five years. Most small community members find the time commitment daunting and choose not to serve on housing authorities. As a result, small communities have extensive difficulty finding participants to serve on these boards that have the important role of developing and working with the private sector to create affordable housing. What HB 16-1069 does: HB 16-1069 allows municipalities to set the term lengths for municipal housing authority members via resolution. If they chose not to set a term length, the term length of the municipal housing authority commissioners will remain at five years. By passing HB 16-1069, a small town or county will have the opportunity to lower the term for commissioners in order to motivate more participation on local housing authorities. Therefore small towns can put appropriate resources to affordable housing. January 21, 2016 For more information, contact Meghan Dollar, legislative & policy advocate, at 303-831-6411 or mdollar@cml.org. 0 JCMLl BUILDING AS TRONG PARniERSHIP WI~ COLORADO'S CITIES AND TOWNS Position: Support Lobbyist: Kev1r. Bomm~r Updated 1/22/2016 Workers' Compensation: PTSD for Emergency Responders Rep. Singer recently held a stakeholder meeting to discuss a proposed draft of legislation that looks very much like problematic legislation from 2014 that was turned into a study process. The legislation would make changes to the workers' compensation laws 1n Colorado by specifically identifying PTSD and treating somewhat differently than other covered occupational diseases. What has been concerning to employers is the focus on workers compensation as a vehicle for dealing with this very serious and real occupational disease. Based on state statistics coming out of the Division of Workers Compensation, there does not appear to be a problem in the statutes that is preventing acceptance of claims and treatment and there is concern that a lot of effort to change the statute may have no effect on reducing PTSD or treating the condition sooner and more effectively, but will increase the costs of workers compensation insurance to employers and taxpayers. We already know that presumptive eligibility for cancer in firefighters dramatically Increased insurance costs without any change in the speed of treatment to employees, given how long the claims process takes . Firefighters recognize this and have contemplated allow1ng the statutes to roll back a b1t wh1le looking at solut1ons outside of workers compensation. There will be continued stakeholder discussions. Bill: PTSD for Emergency Responders Sponsors: Rep. Jonathan Singer, 0-Longmont Status: Not yet introduced Lobbyist: Kev1n Bommer Updated 1/22/2016 18 BUILDING A STRONG PARTNERSHIP WITH COLORADO'S CITIES AND TOWNS o Transportation: Repealing $15 million of FASTER Fee Revenue for Transit FASTER Fees were created m 2009 to provide additional resources for state and local transportation by increasing revenue deposited into the state Highway User Tax Fund, wh1ch is divided by a statutory formula between the state, counties, and municipalihes. As part of the FASTER Fee Act, the statutory formula was changed to set aside certain amounts for transit related projects: $10 million of state revenues, $2.75 million from counties. and $2.25 mill1on from municipalities. The state resources were requ1red to be used for trans1t plann1ng and projects. The local resources, $5 m111ion total, was to be allocated to counties and municipalities 1n a grant program. SB16-011 repeals these requirements. Bill: SB 16-011 , Repealing $15 m1ll1on of FASTER Fee Revenue for Transit Sponsors: Sen Tim Neville, R-L1ttleton; Sen Vick1 Marble, R-Fort Collms; Rep Patnck Neville, R-Castle Rock; Rep Stephen Humphrey, R-Severance; Rep. Kim Ransom, R ·Uttleton; Rep. Lon Sa1ne, R-Dacano Status : S. Transportation Position: Oppose Lobbyist: a , '-' sv.e I l!Pdated 1122/2016 o Urban Renewal: Cleanup Legislation After s1gnmg HB 15-1348 over CML's veto request, Gov. John H1ckenlooper established a working group to look at the applicability language 10 HB 15-1348 and work to come to consensus on a meaningful change to the statutes that ensured no impairment of plans in place as of Jan 1, 2016, and clarify what s1gn1ficant tnggers on existing plans mvoke the new provrsrons in law. Since the work1ng group's last meetmg on December 22, significant dialogue has taken place with the Speaker of the House, Sen Beth Martinez Humenik, CML, CCI, SDA, the governor's office and many other stakeholders. At th1s moment, rt appears there IS agreement that Sen. Martrnez Humemk w1ll start a consensus b1ll in the Senate with Speaker Hulhnghorst as the House sponsor The final elements of consensus are still being worked out, but most of the S1gn1f1cant issues have already been agreed upon by CML, CCI, and SDA. The remainmg 1ssue is the scope of applicability of HB 1348 to urban renewal plans and, more Importantly, what act1v1ty triggers the applicability. There are still dtscuss1ons that will occur, and if consensus can be reached, then 1t will be mcluded in the b1ll If not, the language 10 statute will stand, unless someone chooses to run separate legislation. The consensus bill is not expected to be introduced until at least mid-February. Bill: Cleanup Legislation Sponsors: Sen Beth Martinez Humenik, Speaker Dickey Lee Hullinghorst Status: Not yet introduced 17 0 Greeley, and Rollie Heath, D-Boulder Status: H. Transportation & Energy Position: Momtor Lobbyist: D1a'1ne CnS\\ ell Updated 112212016 Transportation: Kei Trucks BUILDING A STRONG PARTNERSHIP WJ'Tl-1 COLORADO'S CinES AND lOWNS HB16-1029 would allow the Department of Revenue to title and register Kel trucks (small gasoline-engine vehicles often used for tasks such as park maintenance or farm work). CML opposed a similar bill in 2015, but withdrew opposition once the bill was amended to include registration fees and payment of the specific ownership tax (SOT). HB16-1029 includes the SOT fix (even though the bill summary text incorrectly indicates that only $3 for SOT is due). Bill: HB16-1029, Kei Trucks Sponsors: Rep. Jon Becker, R-Fort Morgan, and Sen. John Cooke, R-Greeley Status: H. Transportation & Energy Lobbyist: D1anne Cnswell Updated 112212016 Transportation: Off Highway Vehicles HB16-1030 would expressly authorize counties and municipalities to allow off-highway vehicles (OHVs) to travel on local roads. The bill as introduced includes m1nimum safety and liability msurance requirements, as well as licensing fees and plates. Further, the bill deletes the prohibition in current law that OHVs may not cross state highways within a municipality. Since the bill as introduced required county clerks to use the state licensing, registration, plating processes, there would be TABOR revenue implications. There is some discuss1on of amending the bill to address the TABOR implications Further, there are some concerns about the provision in the bill to allow OHVs to cross state highways within municipalities. CML is working to determine if these safety concerns can be addressed without ceding local control or creating unduly burdensome procedures. Bill: HB 16-1030, Off-Highway Vehicles Sponsors: Rep. J. Paul Brown, R-lgnac1o; Rep. Lois Court, D-Denver; Sen. Kerry Donovan, D-Vail Status: H. Local Government Position: Support Lobbyist: D1anne Cnswell Updated 112212016 16 ~~nM.U ,.. ~ o1 C'..,_oo, c.,,., •f'tfl T0tm1 BUILOINCi A ~ONCi PARTNERSHIP wmt COLORADO'S CtnES AND TOWNS Position: Oppose Lobbyist: •< · • , sv e 1 Updated 112212016 o Transportation: Extending RTA Property Tax Authority HB16-1067 extends the exp1rat1on of the property tax levy authority of a Regional Transportation Authonty(RTA) by ten years, from January 1, 2019 to January 1, 2029. The current staff recommendatiOn on CML's position on the bill IS "monitor,'' until the Policy Committee meeting on February 12, 2016. Bill: HB16-1067, Extending RTA Property Tax Authority Sponsors: Rep. Diane Mitsch Bush, D-Steamboat Springs, Sen. Kerry Donovan, D-Vail Status: H. Local Government Position: Monitor lobbyist: r v.. Updated 112212016 o Transportation: Allowing Off Highway Vehicles to Cross State Highways SB16-008 is a trailer bill to last year's SB15-023, which authonzed off-h1ghwayvehicles (OHVs) to cross state highways 1n unincorporated areas, but expressly prohibited crossing withm a municipality. There are some continued concerns about allowmg OHVs to cross state highways w1thin municipalities. CML is working to determine if these safety concerns can be addressed without ceding local control or creating unduly burdensome procedures Bill: SB16-008, Allowing Off Highway Vehicles to Cross State Highways Sponsors: Sen. Larry Crowder, R-Aiamosa Status: S. Local Government Position: Support Lobbyist: r < ( < ... ,·.dl Updated 112212016 o Transportation: Authorization for COOT to designate a shoulder for use by buses HB 16-1 008 amends the reqwements for vehicles to dnve on roadways laned for traffic to allow the Colorado Department of Transportation (COOT), after consulting with the Colorado State Patrol, to des1gnate with signs that public buses may travel on the shoulder. The background is that COOT would like buses to be able to use the shoulder on U.S. Route 36. According to COOT, the shoulder 1s designed (although not marked) for travel, and speed and safety concerns are addressed in the existing operating agreement. Bill: HB16-1008, Authorization for COOT to des1gnate a shoulder for use by buses Sponsors: Reps. Fa1th Winter, D-Westmmster, and Jon Becker, R-Fort Morgan; Sens John Cooke, R- 15 BUILDING A STRONG PARTNERSHIP WITH COLORADO'S CITIES AND TOWNS This bill provides that, should a local taxing jurisdiction be required to repay a prior distribution of sales and use tax, the Dept of Revenue may deduct the amount from future distributions to that local government. Through an IGA, the deductions may be spread over a 3 year period. Bill: HB 16-1118, Repayment to State Sponsors: Rep. Lois Court, 0 -Denver Status: H. Local Government Position: Monitor Lobb yist: Geoff Wtlson Updated 1/2112016 o Sales and Use Tax: Vendor's Fees This bill would escalate the amount of money that a merchant may retain to cover the cost of collecting the State's sales tax from the current 3 1/3% to 5 1/2%, over five years. Vendors fees in statutory or home rule municipalities. which address the cost of collecting local taxes in those jurisdictions would be unaffected. Bill : HB 16-1087, Vendor's Fees Sponsors: Rep. Jon Becker, R-Ft Morgan Status: H. State, Veterans & M1litary Affairs Position: Mon1tor Lobbyist: Geoff W1lson Updated 1/2212016 o Taxation: Business Personal Property Tax Exemption for Broadband Service Providers SB 16-067 creates a property tax exemption for the locally and centrally assessed business personal property directly used for broadband serv1ce that IS acqwed on or after January 1, 2016. Examples of the personal property exempted include electronics, equipment, transmission facilities, and fiber optic and copper cables. T he staff recommendation on the CML position is to oppose, which will be on the Policy Committee agenda on February 12. 2016. Bill: SB 16-067, Business Personal Property Tax Exemption for Broadband Service Providers Sponsors: Sen. Mark Scheffel, R-Parker: Sen. Owen Hill, R-Colorado Springs; Sen. Kevin Lundberg, R- Berthoud; Sen. Ellen Roberts, R-Durango; Sen. Laura Woods, R-Arvada; Rep. Angela Williams, D- Denver; Rep. J. Paul Brown, R-lgnac1o; Rep. Kathleen Conti, R-Littleton; Rep. Polly Lawrence. R- Littleton; Rep. Kevin Priola, R-Henderson; Rep. Bob Rankin, R-Carbondale; Rep. Lon Saine. R-Dacono; Rep. Dan Thurlow, R-Grand Junction; Rep. Kevin Van Winkle, R-Highlands Ranch; Rep. Yeulin Willet, R- Grand Junction Status: S Finance 14 BUILDING A STRONG PARTHERSKlP Willi COLORADO'S CITIES AND TOWNS forward with the intent to focus purely on legislation attempting to repeal the use of automated photo enforcement tools. Bill: Red Light Cameras and Speed Radar Status: Not yet introduced Position: Monitor Lobbyist: 1.1~ gt·ar u ollat Updated 1119/2016 o Public Safety: Wildfire Risk Reduction Grant Program In the 2013 and 2015 legislative sessions, CML supported the creation and continuance of the Wildfire Risk Reduction Grant (WRRG) program through the Department of Natural Resources With WRRG, local governments. nonprofits, and homeowner's associations are all eligible to apply for supplementation to m1tigatron projects. The program has awarded millions of dollars to projects for forest restoration and mitigation with the hope of minim1z1ng future wildfire damage. The program was renewed for one year in 2015, so there will be necessary legtslatron to continue funding 1n 2016. At th1s t1me, the program does not have fundrng in the governor's budget; however, th1s program provides srgnrfrcant support for wrldfrre mrtigation. CML will work diligently to find funding to continue the program Bill: SB16-003, Wildftre Risk Reduction Grant Program Sponsors: Sens. Ellen Roberts, R-Durango, and Matt Jones. 0-Loursv:rte, Rep KC Becker, D-Boulder Status: S. Judiciary Position: Support Lobbyist: r.~eahan Dollar Updated 1/21/2016 o Sales and Use Tax: Appeal Bonds and Deposits A bill will be rntroduced to eliminate appeal bonds and deposits incident to appeals in tax cases. The brll will reprise a bill introduced late last session (SB 15-279) that CML opposed because of its late rntroduction. Substantively, the brll was not objectionable, and the proponents have worked with CML staff over the Interim. The Colorado Department of Revenue (DOR) does not oppose the bill, but forecasts a fiscal impact in the form of more tax appeal representation of OOR by the attorney general. Bill: SB 16-036, Appeal Bonds and Deposits Sponsors: Sens. Trm Neville, R-Littleton and Cheri Jahn, D-Wheat Ridge, Reps. Tracy Kraft-Tharp, D- Arvada and John Keyser, R-Morrison Status: Not yet introduced Position: Staff discretion to support Lobbyist: Geoff Wtlson Updated 1121/2016 o Sales and Use Tax: Repayment to State 13 STAT~tJB H~ BUILDING A S'ffiONG PARTNERSHIP Willi COLORADO'S cmES AND TOWNS SB 16-063 authorizes any county or muntcipality in Colorado to enter 1nto an agreement with a county or municipality from a bordering state to provide emergency serv1ces. The bill also grants immunity for persons performing duties under the agreement and asstgns liability that accrues under the "Colorado Governmental Immunity Act" to the Colorado county or municipality that 1s a party to the agreement. Small towns on the border of Colorado see this as an opportunity to leverage more resources with border states. The need for additional resources is particularly clear in cases of wildfire. As a result, CML staff will bring this bill to the policy committee with a recommendation to support. B ill: SB 16-063, Authority of Local Governments to Enter into IGA's Sponsors: Sen. Ellen Roberts, R-Durango: Rep. Ed Vigil, O-Ft. Garland Status: S. Local Government Posit ion: Support Lobbyist: Meghan Dollar Updated 1122/2016 o Public Safety: Designated Emergency Response Authorities 0 Under current law, each county and municipality must designate an emergency response authority that is responsible for responding to releases of hazardous substances within their jurisdiction. Among language regarding private enttties and land owners, HB 16-1046 speciftes that a local government must annually report the designation to the Colorado State Patrol (CSP). CML had concerns regarding an annual reporting requirement to the State particularly the additional administrative costs to local municipalities. The Colorado State Patrol has agreed to compromise language that a local government report a designation once to CSP and additional reporting is only necessary if that designation changes. Bill: HB 16-1046, Desginated Emergency Response Authorities Sponsors: Rep. Tracy Kraft-Tharp, D-Arvada; Sen. Randy Baumgardner, R-Hot Sulphur Springs Status: H. Local Government Position: Monitor Lobbyist: Meghan Dollar Updated 1/21/2016 Public Safety: Red Light Cameras and Speed Radar Since Gov. John Hickenlooper vetoed both HB 15-1098, which required a vote of the people to implement red light cameras or speed radar, and HB 15-276, which banned their use altogether, it is expected that leg1slat1on with Similar language will be introduced in 2016. CML will oppose any repeal of the use of red light and photo radar as public safety on municipal roads remains a matter of local concern. There also are efforts to draft legislation to meet some of the requirements of the governor's veto letter. One piece of legislation would allow the use of red light cameras in arterial roads. They would be banned in residential areas, but allowed in school and construction zones. Staff consulted with representatives from municipalities with red light cameras (and photo radar), and CML will monitor this legislation moving 12 BUILDING A STRONG PARTNERSHIP WITH COLORADO'S CITIES AND lOWNS Bill: SB 16-037, Digital Records Access Sponsors: Sen John Kefalas, D-Fort Collins, and Rep Dan Pabon, D-Denver Status: S. State, Veterans & Military Affa1rs Position: Oppose Lo bbyist: Geoff \Ntlson Updated 1/2112016 o Property Taxes: Extending Regional Transportation Authority Property Tax The Transportation Legtslallon Rev1ew Commtttee (TLRC) constdered a proposal to extend the ability of Regionall ransportatton Authonttes (RTAs) to levy voter-approved property taxes to 2029. Currently, RT As are authonzed to seek voter approval for etther a sales tax or a property tax to fund RT A projects The sales tax authonzalton is permanent, but the property tax authorizalton expires in 2019. This proposal was not one of the five bills recommended by the TLRC for introduction, because the proposal was withdrawn; however, it may be introduced separately Bill: Extending Regional Tran~portation Aulhonty Property Tax Status: Not yet tntroduced Lobbyist: C .-... · .... Updated 112212016 o Public Safety : Prohibiting Certain Uses of an Unmanned Aircraft System HB 16-1020 sets crimes for unlawfully operating an unmanned a1rcraft system (UAS) wtthin five miles of a detention facility That tncludes attempting to 1ntroduce controlled substances like alcohol or marijuana near the facility. If a person commits this act, they could be charged for a class 4 felony. This would not only include county and munic1pal Jatls, but also munictpal detention facilities The bill also creates gUidelines for fly1ng a UAS near an airport tn Colorado. Anyone who v1olates the stipulallons in the bill, such as flying a UAS within f1ve mtles of an airport without permission from the air trafftc control tower, can be charged with a class 1 misdemeanor. CML staff will bring the legislation to the pol1cy committee with a recommendation to support HB 16-1020 as it intends to prevent dangerous situations involving unmanned aircraft systems around municipal detention faciltttes and atrports Bill: HB 16-1020, Prohibiting Certain Uses of an Unmanned Atrcraft System Sponsors: Rep. Paul Rosenthal, D-Denver: Sen John Cooke, R-Greeley Status: H. Jud1ciary Position: Support Lobbyist: f,1eqllan Dolle1r Updated 1/2112016 o Public Safety: Authority of Local Governments to Enter into IGA's 11 BUILDING A STRONG PARTNERSHIP Willi COLORADO'S Cm£S AND TOWNS during events like the Cannabis Cup in Denver. Proponents complain that out of state vendors sell products illegally at events, although it is not clear how passage of this bill would affect that issues. CMl is taking the pos1tion of opposmg the bill unless it IS amended to allow special event perm1ts only in municipalities that have reta11 sales and only upon adoption of an ordinance opting into the special event permit statute. The bill will be heard in committee on February 2. Bill: HB 16-1092, Retail Special Event Perm1t Sponsors: Rep. Domenick Moreno, 0-Commerce City Status: H. Public Health Care & Human Services Position: Oppose unless amended Lobbyist: Kev•n Bommer Updated 1/22/2016 o Open Records: Digital Record Access This legislation would amend the Colorado Open Records Act(CORA) to require that public records kept in digital form be made available, in whole or in part. to a records requestor via "direct electronic access" to the records "in the same database or other file format in which the records are maintained by the off1cial custodian." The proponents of the bill intend this language to grant them access to versions of these databases that can be man1pulated. This would require municipal clerks and other records custodians to remove personal identifying information, attorney client pnvileged communications , confidential commercial data and other legally confidential information from the record, as well as any embedded metadata. In many cases this would literally mean creating a new form of a record, simply for purposes of responding to a request. Apparently anticipating this, SB16-037 carves out a specific exception for digital records from a CORA a provision that usually requires a requestor to pay a reasonable fee, not exceeding the cost of creating such a record. This effectively shifts this cost to local taxpayers. CML and a variety of public entities recently had a meeting with Senator Kefalas in which we explained, in essence, that this bill has so many unknown and profoundly substantial potential operational and fiscal impacts that it should be withdrawn for a year, allowing an open process where all stakeholders can work on a proposal. Numerous attendees emphasized that they simply did not understand the implications of this issue well enough to agree to anything, at this point. Our process request responds to the process used to develop SB16-037, where public ent1ties were excluded altogether from discussions concerning whether a problem concerning access to digital records exists, and to what extent; our input was only sought at the very last minute on the chosen means to address the alleged problem. At the conclusion of the meeting Sen Kefalas said that he was agreeable to delaying, but not withdrawing, his bill. Please take a close look at this bill and let me: gwilson@cml.org know what it would mean for your jurisdiction. These stories of likely local impacts are very helpful as we lobby against this legislation. 10 BUILDING A STRONG PARTNERSHIP WITH COLORADO'S CmES .\NO TOWNS Bill: HB 16-1068, Regulation of Methadone Clinics Sponsors: Rep . Paul Lundeen, R-Colorado Springs; Sen. Kent Lambert, R-Colorado Springs Status: H. State, Veterans & Mtlitary Affatrs Position: Oppose unless amended Lobbyist: r M·ghM Dollar Updated 1/2212016 o Marijuana: Local Licensing MMJ Testing Facilit ies In 2015, the General Assembly created a state license for medical marijuana testing facilities However, the legislation failed to recognized that all medical manjuana licensed facihties are mtended to be licensed both at the state and local levels, stmtlar to hquor licenses. Whtle simply an oversight in the 2015 session. thts legislatton ensures local control that is not otherwise present wtlh state-only lice:1ses. Bill: HB 16-1064, Local Ltcenstng MMJ Testing Facihttes Sponsors: Rep, J. Paul Brown, R-Durango; Sen. Ellen Roberts, R-Durango Status: H. Local Government Position: Support Lobbyist: v, \. ,, 8 •' r er Updated 112212016 o Marijuana: Private Clubs Rep Kit Roupe, R-Colorado Springs, and Rep. Jonathan Singer, 0-Longmont, planned to Introduce some sort of legtsfation on pnvate marijuana clubs. After stgniftcant dtscussions wtlh stakeholders failed to tdentify the problem the solution was attempting to resolve, the legislators decided agatnst running the bill However, Rep Singer has floated the idea of changing statutes to allow for onsite consumption at retail manJuana stores This would be a dramattc shift in the intentional prohtbttton of onsile consumption when legislation implementing Amendment 64 was adopted in 2013, and to date the League has not been asked to participate in any stakeholder discussions on this concept. Bill: Pnvate Clubs Sponsors: Rep. Kit Roupe, R-Colorado Springs, and Rep. Jonathan Singer, 0 -Longmont Status: Not yet introduced Lobbyist: Kr. r Bor n er Updated 1/2212016 o Marijuana: Retail Special Even t Permit This legislation essentially cuts and pastes the special event statute from the liquor code and applies to the retail marijuana code. Despite obvious questions about how a special event would comply with the constitutional prohibttion on open and public consumption of mariJuana. the purpose of the bill (as stated by proponents) is to ensure that only Colorado-hcensed retail manjuana stores can legally sell product 9 0 0 STAT~l;JB d~ ,,.. -ol-~~---BUILDING A STRONG PARTNERSHIP WITH COLORADO'S CITIES AND lOWHS Updated 1/2112016 Land Use : Fire District Impact Fees Several fire districts are interested in passing legislation to allow a fire prevention district to impose an impact fee on new development within their jurisdiction. The intent is that the fee will be reasonably related to the overall cost of the fire protection districts services. The League supports giving fire districts the authority to levy impact fees for new development within their jurisdictions. This is particularly important in small jurisdictions where fire districts have limited resources, but must still provide fire services that meet the increased needs of their growing communities. The CML Policy Committee position, which was ratified by the CML Board, was that two amendments should be made to the proposed legislation: one, that the fire district should provide notice of the use of impact fees to any affected municipality; and, two, the fire district would be required to update its serv1ce plan to reflect the additional impact fee. If these amendments were not agreed to, CML would oppose the legislation. The bill proponents have agreed to add a notice provision in draft language, but refuse to the requirement that a fire district update their service plan. C.R.S. 32·1-202 (2) refers to the financial plan at the inception of the special district that describes how all services provided by a district will be financed. If a new fee is going to be charged by a special district, then it is appropriate for the service plan to be updated. From CML's perspective, new revenue fr'Om impact fees should absolutely be part of the f1nancial plan, wh1ch should require a material modification to the service plan Furthermore, as the permitting entity for new development. municipalities need not only to be aware of an impact fee, but what the impact fee is used for to be fully informed of serv1ces provided within a municipality. CML will remain opposed until suitable language is drafted to reflect the financial impact of additional revenue received by a fire district on new developmenl. Bill: HB 16-1088, Special District Impact Fees Sponsors: Rep. Tim Dore, R-Eiizabeth Status: H. Local Government Position: Oppose unless amended Lobbyist: Meghan Dollar Updated 1/21i2016 Land Use: Regulation of Methadone Clinics HB 16·1 068 requires additional standards for methadone treatment facilities, including minimum distances from schools, colleges, and residential child care facilities. The bill also specifies that, if a municipality so chooses, a methadone treatment facility 1s not a medical clinic for zoning purposes. The bill adds language makmg the bill a matter of statewide concern thus preempting local land use authority regarding methadone clinics. CML is traditionally opposed to the state preemptmg local land use authority and is working with the sponsor with the hope of finding language that keeps local control in land use decisions. 8 Bill: Public Contract Retainage Status: Not yel introduced Position: Staff discret1on to oppose Lobbyist: D1anne Cr.swt I Updated 1/19/2016 BUlU>ING A STRONG PAR~ERSHIP WITH COLORADO'S OTIES AND TOWNS o Gaming: Local Government Umited Gaming Impact Fund 0 HB 16-107 4 reduces all of the transfers of limited gaming revenue to Colorado travel and tourism promotion fund, the advanced industnes acceleration cash fund, the local government limited gaming 1mpact fund, the innovative higher education research fund, the creative industnes cash fund, and the Colorado off1ce of f1lm, television, and media operational account cash funds by 10%, which totals $3,010,000, and requires the state treasurer to transfer that amount to the state public school fund to be used to reduce the cost to school districts, charter schools, and boards of cooperallve services of purchasing supplemental online education courses For local governments, that would total a loss of $500,000 from the local government limited gaming impact fund which is awarded through the Department of Local Affairs to 1mpacted communities around the three gaming cities an Colorado As a matter of policy, CML IS opposed to any reduction to the local government limited impact fund as these funds are utilized by local governments for anything from law enforcement to victim assistance. Bill: HB 16-1074, Local Government L1mited Gaming Impact Fund Sponsors: Rep. Tim Dare, R-EIIzabeth, Sen. Owen Hill, R-Colorado Spnngs Status: I i. State, Veterans & Military Affairs Position: Oppose Lobbyist: J\1eqt1ar f\ollar Updated 1/21/2016 Land Use: Disconnection A bill is expected that will amend the rarely used municipal disconnect1on statutes. Some time ago, a property owner considered asking the Town of Mornson to disconnect his land from the Town. The contemplated request for disconnection never went anywhere, but a Jefferson County official heard about the property owner's ideas and became alarmed. As a result, notwithstanding that no issue with th1s rarely used statute actually exists, Color·ado Counties Inc.'s (CCI) 2016 Legislative Agenda includes pursuing a b1ll to "prov1de a role for county involvement 1n the de-annexation (sic) process" CCI means the disconnection process, as there is no such thing as "de-annexation," and disconnection bears no necessary relationship whatsoever to annexation. What this new county role m1ght involve remains to be seen. Bill: Disconnection Status: Not yet introduced Position: Staff discretion to oppose Lobbyist: Gl olf V\ tc:.on 7 0 0 BUILDING A STRONG PARTNERSHIP WITH COlORAOO'S CITIES AND TOWNS generally understood there was already a preemption of local wage ordinances that would not be eliminated even if the later-adopted statute is repealed . Bill: SB 16-054, Local Government Min1mum Wage Spo nsors: Sen. Michael Merrifield, 0-Manitou Springs Status: S. State, Veterans & Military Affairs Position: Monitor Lobbyist: Kevm Bommer Updated 1122/2016 Finance: Transportation Bonds The debt service payments on the current Transportation Revenue Anticipation Notes (TRANs) Bonds will be retired in FY2016-2017. Last year, TRANs Bonds legislation (SB 15-272) was Introduced to finance $3.5 billion of future projects, but did not pass. The primary objection to SB 15-272 was that the bonds would have been supported by existing state revenues, impacting the resources available for the maintenance of existing state Infrastructure. In the 2016 session, there will be some version of a new TRANs Bonds introduced to fund future projects, supported in part by a coalition of north 1-25 business organizations and local elected officials. It is uncertain whether a TRANs Bonds proposal to refer a ballot measure to state voters for approval of additional public debt in 2016 would include new or increased taxes to back the bonds, or if it would only include exist1ng state revenues. Bill: Transportation Bonds Status: Not yet introduced Lobbyist: D1anne Cnswell Updated 1119/2016 Finance: Public Contract Retainage The proponents of reducing public construction retainage might seek changes that go beyond current state law. Retainage is a percentage of a construction project cost that is withheld until a construction project is complete; it is a common contract provision included to protect an owner from the risks of construct1on problems and incomplete or substandard work. In 2011, the maximum retainage limit in state law for public construction projects was lowered from 10 percent to 5 percent, and final payment was required to be paid within 60 days of final acceptance. The 2011 legislation, HB 11-1115, was passed with amendments reflecting a compromise between the proponents and public owners. The proponents recently have started meeting with public stakeholders individually to explain th at they believe the 2011 legislation needs further amendment to add additional protections for contractors. At this time, there is no draft legislation; however, since CML opposed the original legislation in 2011 and worked on the compromise, CML will oppose any further changes that would negatively impact municipalities' ability to manage construction contracts. 6 BUILDING A STRONG PARTNERSHIP WITH COLORAOO'S OTlES ANO TOWNS o Elections-Filing election results Currently, municipalities are required to file their election results wrth the Secretary of State's office. This bill would instead require municipalitres to file with the div1slon of local government rn the Colorado Dept.of Local Affa1rs. Bill: HB 16-1012, Filing election results Sponsors: Reps. Su Ryden, D-Aurora, Sen. Ray Scott, R-Grand Junction Status: H State, Veterans & Military Affarrs Position: Monitor Lobbyist: Gl of! 1'\ ol!-:iOil Updated 1/21/2016 o Employment: Loca l Government Employee Whistleblower Protection The State of Colorado has a whrstleblower protection statute for state employees. II does not apply to local governments Following a request from the Colorado Education Association to create a similar law applying to schools, the sponsor decided to Introduce legislation that also would apply to counltes and municipalities. (Interestingly, the bill does not extend the protections to employees of spec1al drstncts) CML IS opposrng the bill unless amended to remove the extensron of the bill to municipalities. The League takes the posrllon, as it did when srmilar legislat1on was defeated by the General Assembly in 1999 and 2000, that federal protections already exist for all government employees. Furthermore, this btll1s overly broad -to the extent that any clarm from an employee frtting under the broad protections would prevent an employer from any other reasonable employment action because of the broad defrnrtron of "diSCiplinary act ron." Of great concern IS that the power to make decisions would be 1n the hands of state administrative law judges rn Denver that are potentially hundreds of mrles away from the crty or town Interestingly, there hasn't been any percerved need for state mandates for local whistleblower protection since the last time 11 was consrdered rn the Statehouse 16 years ago Bill: HB 16-1078, Local Government Employee Whistleblower Protection Sponsors: Rep Daniel Kagan, D-Cherry Hills Village Status: H. Local Government Position: Oppose unless amended Lobbyist: Ke\ •n Bommer Updated 1122/2016 o Employment: Local Government Minimum Wage SB 15-054 is a revrval of legrslatron that was defeated in last year's legislative session The bill removes language added to state statutes in over 15 years ago that was added in an attempt, at the lime, to preempt municipalities from adopting therr own minimum wage. The League did not take a pos1tion on last year's brll and refrarn from dorng so agarn this year. When the earlier law was passed, municipalities 5 0 0 BUILDING A STRONG PARTMERSHIP Willi COLORADO'S CITIES AND TOWNS St atus: S. Local Government Position: Support Lobbyist: D1annc Cnswell Updated 112212016 Elections: Photo ID This bill would require a person seeking to register to vote within the 29 days prior to an election to present one of a number of forms of photo ID set forth in the bill, including a valid Colorado drivers license. Bill: HB 16-1111, Photo ID Sponsors: Rep. Don Coram, R-Montrose Status: H. State, Veterans & Military Affairs Position: Monitor Lobbyist: Geoff Wrlson Updated 112112016 Elections : Signature Verification This bill will require signature verification in municipal mail ballot elections, beginning in April of 2018. By that time, the Secretary of State (SoS) expects to have a convenient, low or no-cost look up service for voter signature exemplars available to municipal clerks. HB-1070 follows opposition by CML and others to a 2015 bill by Rep. Neville that proposed signature verification in municipal elections, before access to the Secretary's signature database had been accomplished. That bill was defeated, with the parties agreeing to work on a better bill for 2016.0ver the interim, staff from CML and the SoS worked together to determine whether a credible, affordable signature verification process for municipal mail ballot elections could be devised. Low-cost access to the SoS file of voter srgnatures was essential. Aurora Deputy Municipal Clerk Karen Goldman, representing the Colorado Municipal Clerk's Association (CMCA) was been heavily involved in the process.The result is HB16-1070, which the League is pleased to support. CML greatly apprec1ates Karen's help, as well as that of Dep. Sec.of State Suzanne Staiert and her staff in getting this proposal ready to go. Bill: HB 16-1070, Signature Veification Sponsors: Rep. Patrick Neville, R-Castle Rock; Sen Tim Neville, R-Littleton Status: H. State, Veterans & Military Affairs Position: Support Lobbyist: Geoff W1lson Updated 112112016 4 BUILDING A STRONG PA~ERSHIP WITH COLORADO'S OTIES AND TOWNS standard procedure to advtse inspectors how to conduct the revrew. The bill does not establish any standards for review so a local governmentts flexible to establish their own procedures. The Colorado Chapter of the lnternatronal Code Council wrll also begrn creating a standard a local government can utilize if they so choose. Bill: HB 16-1073, Concerntng the Qualifrcatrons of Licensed Electricians Sponsors: Rep Cnsanta Duran, D-Denver & Rep. Brian DelGrosso, R-Loveland; Sen. Lucia Guzman, D-Denver & Sen. Mark Sheffer, R-Parker Status: H. Business, Labor, Economic and Workforce Development Position: Monrtor l obbyist: 1,1C'ql· <' 1 1ollar Updated 1/2112016 o Economic Development: Removi ng Threshold for Metro District Economic Development In HB07 -1351, metropolitan distncts were authonzed to provide activities in support of busi11ess recruitment, management, and development if the assessed value (AV) of the distnct exceeded $1 .25 billion. Based on 2007 testimony tn the House and Senate Local Government Commtttees, the purpose of the AV threshold was to llmtt the application of the economic development authority to Southeast Public Improvement Metropolitan Drstnct HB 16-1011 would remove the AV threshold so that any metropolitan district could engage In economic development acUvittes Bill: HB 16-1011 , Removing Threshold for Metro Distrrct Economic Development Sponsors: Rep. Edward Vigil, D-Fort Garland Status: H. Local Government Position: Monitor lobbyist: Otannc Crasv,•PII Updated 1122/2016 o Economic Development: Rural Economy Emergency Assistance Grant Program SB16-081 creates a Rural Economtc Assistance Grant Program for emergency-based grants for rural communities expenencing detrimental economic impacts, such as plant closures. Department of Local Affatrs (DOLA) would administer the grants and provtde technical assistance The $2 million of initial resources for the grant fund would be transferred from the Unclaimed Property Trust Fund tn 2016. No future source of revenue is tdentifted, although the grant fund keeps the rnterest income, may accept gifts & donations, and resources may be appropriated to the fund. Staff recommendatton ts to support, which will be on the agenda for the February 12, 2016 Policy Committee meeting. Bill: SB 16-081, Rural Economy Emergency Assistance Grant Program Sponsors: Sen. Kerry Donovan, D-Vail, Rep. Dave Young, D-Greeley 3 0 0 JCMLJ , 11 .. 111 ,,_., ·, "' ,1 If BUILDING A STRONG PAA~ERSHIP wtnl COLORADO'S CmES AND TOWNS Currently, statute for local housing authorittes requires a five-year term to serve on the housing authority. Most small community members find the time commitment daunttng and choose not to serve on housing authorities. As a result, small communities have extensive difficulty finding participants to serve on these boards that have the important role of developing and working with the private sector to create affordable housing. While the City of Rifle requested thts legislation, it is clear that finding volunteers to serve on housing authorities is an issue for small communities across Colorado. As a result, CML initiated legislation to amend the statutes pertaining to municipal housing authorities to designate a five-year term (current law) unless a different term is established by a municipality for its authority. Bill: HB16-1069, Terms for Municipal Housing Authority Commissioners Sponsors: Rep. Bob Rankin, R-Carbondale, and Rep. Dominick Moreno, D-Commerce City Status: H. local Government Position: Support Lobbyist: Meghan Dollar Updated 1/2212016 Budget : State Hospital Provider Fee Near the end of the 2015 session, an attempt to turn the state's hospital provider fee into an enterprise program was shot down. If passed, it would have allowed the state to temporarily dodge TABOR refunds and use the surplus for other needs. The proposal that had the most traction was to use some for transportation (with a chance at a local share), as well as to restore the $20 million of severance tax revenue swiped by the state to meet its TABOR refund obligatton. It is possible that proposal may be resurrected, but its chances of success remain slim. However, CML will be in a position to support the legislation if it addresses the severance lax issues, as well as shares some of the transportation revenue with local governments. Bill: State Hospital Provider F-ee Status: Not yet introduced Position: Monitor Lobbyist: Kevm Bommer Updated 111912016 Building Regulations: Concerning the Qualifications of Licensed Electricians HB 16-1073 aims to make sure electricians working on large commercial projects in Colorado are properly licensed through the State The bill requires a local government building inspector to include a contemporaneous review to ensure electricians are properly licensed. To the extent an electrician is on a property when it is inspected, a local building inspector already conducts a review; therefor local building officials are neutral on this requirement. The bill also adds that a local government needs to develop 2 BUILDING A STRONCi PARTNERSHIP WITH COLORADO'S CmES ANO TOWNS o Affordable Housing: State and Local Tax Exemptions Under current law, housing authorities and related entities enjoy state and local excise, property tax, and state income tax exemptions for non-commerc1al, low-income housing prOJects The Department of Revenue has recently made a new Interpretation to limit the application of the stale tax exemptions only to housing authorities (not related entities). The evident purpose of the b1ll1s to clarify the state tax exemption applicability; however, the existing statutory language limil1ng the state and local tax exemptions to non-commercial, low· income housing projects was deleted By removing that limitation, the tax exemptions would be expanded to apply m1xed residential-retail projects organized with housing authontres. CML 1s working with the sponsor and the advocates to amend the bill to narrowly clarify the state tax exempt1on application. Bill: HB16-1006, State and Local Tax Exempt1ons Sponsors: Rep KC Becker, D-Boulder; Rep Alec Garnett, D-Denver Status: H. Finance Position: Oppose unless amended lobbyist: [1 ·, C • ,.,,, Updated 1122/2016 o Affordable Housing: State Low Income Housing Tax Credits During the 2014 leg1slat1on session, CML supported HB 14-1017, wh1ch passed to create a state low- income housing tax credit that IS operated through the Colorado Housing and Finance Authority (CHFA). The program sunsets in 2016 and requires legislative aclton to continue. In the past two years, nearly 2,000 affordable housing units were developed in various municipalities throughout the state us1ng state income tax credits, which work alongside the federal low-income housing tax credit to provide gap funding to move affordable housing projects forward. As a continued proponent of the creation of affordable housing, the League supports the re-authorization of the state low-income housrng tax credit program As rents continue to rise across Colorado, 11 1s more important than ever to butld quality housing for low- income res1dents. Bill: State Low Income Housrng Tax Credits Status: Not yet inhoduced Position: Support lobbyist: r leohan Dollar Updated 1119/2016 o Affordable Housing: Terms for Municipal Housing Authority Commissioners The City of R1fle approached CML with a bill request to update the statute regarding housing authorities to give the local municipality the authority to set term lengths for housing authonty members. 1 HI:H6-1014 Staff: Board/Policy Committee: Pl'd/Signed: Position: Sponsors: Status: HB16-1020 Staff: Board/Policy Committee: Pl'd/Signed: Position: Sponsors: Status: ll816-1030 Staff: Board/Policy Committee: Pl'd/Signed: Position: Sponsors: Status: HBL6-1064 Staff: Board/Policy Committee: SOS Business Intelligence Center Geoff Wilson Support WILLIAMS I TA TE Page I of 4 01/13/2016 Introduced In House-Assigned to Business Affairs and Labor No Drones Near Airports Or Jails Meghan Dollar Policy Committee -2/12/2016 Support ROSENTHAL I COOKE 01 /1312016 Introduced In House -Assigned to Judiciary Off-highway Vehicles Regulation & Local Government Dianne Criswell Support BROWN /DONOVAN 01 /13/2016lntroduced ln House-Assigned to Local Government + Finance Medical Marijuana Testing Facility Local Licensing Kevin Bommer Policy Committee -2/12/16 1 '""~''"""'' r Pl'd/Signed: Position: Sponsors: Status: 1181 6-1069 Staff: Board/Policy Committee: PI' d/Signed: Position: Sponsors: Status: 11 B l 6-J070 Staff: Board/Policy Committee: Pl'd/Signed: Position: Sponsors: Status: 8 16-003 Staff: Board/Policy Committee: Pl'd/Signed: Position: Sponsors: Status: Page 2 of4 Supporf BROWN I ROBERTS 01 /1 3/2016 Introduced In House -Assigned to Local Government Allow City To Set Housing Auth Commn Term Length Meghan Dollar Support RANKIN 01/13/2016 Introduced In House -Assigned to Local Government Signature Verification In Mun Mail Ballot Election Geoff Wilson up port NEVILLE P. I NEVILLE T. 01 /13/2016lntroduced In House-Assigned to State, Veterans, & Military Affairs Broadcast Burns Wildfire Risk Reduction Funding Meghan Dollar Support ROBERTS I BECKER K. 01113/2016lntroduced In Senate-Assigned to Judiciary SB16-008 Staff: Board/Policy Committee: Pl'd/S igned: Position: Sponsors: Status: SB16-036 Staff: Board/Policy Committee: Pl'd/Signed: Position: Sponsors: Status: SB16-063 Staff: Board/Policy Committee: Pl'd/Signed: Position: Sponsors: Status: SB J6-080 Staff: Board/Policy Comm ittee: Pl'd/Signed: Position: Municipal State Highway Off-highway Vehicles Dianne Criswell Support CROWDER 0 1/13/2016 Introduced In Senate -Assigned to Local Government Surety Reqmnt For Appealing Tax Bills Claimed Due Geoff Wilson Support NEVILLE T. I KRAFT-THARP 01 /13/2016 Introduced In Senate -Assigned to Finance Intergovt Agreement With Out-of-state Local Gov Meghan Dollar Policy Committee-2/12/16 Support ROBERTS I VIGIL 01 /19/2016 Introduced In Senate -Assigned to Local Government Marijuana Grows Enclosed Space Requirements Kevin Bommer Policy Committee -2/12/16 Support Page 3 of 4 1 /"'lt:./"'lf\1 t:. Sponsors: Status: SB1 6-081 Staff: Board/Policy Committee: Pl'd/Signed: Position: Sponsors: Status: Page 4 of4 NEWELL 0 I /19/2016 Introduced In Senate -Assigned to Business, Labor, & Technology Rural Economic Emergency Assistance Grant Program Dianne Criswell Policy Committee-2/12116 Up(>Ort DONOVAN /YOUNG 0 l/19/20 16 Introduced In Senate -Assigned to Local Government + Appropriations 1 f?h/?(\ 1" HBI 6-1006 Staff: Board/Policy Committee: PI' d/Signed: Position: Sponsors: Status: HB16-1074 Staff: Board/Policy Committee: Pl'd/Signed: Position: Sponsors: Status: HB16-1088 Staff: Board/Policy Committee: Pl'd/Sigoed: Position: Sponsors: Status: HB16-1092 Staff: Page 1 of3 Clarify Tax Exemptions For Housing Authorities Dianne Criswell, Geoff Wilson Oppose BECKERK. OJ /13/2016 lntroduced In House-Assigned to Finance Ltd Gaming Revenue For Online Supplemental Ed Meghan Dollar Policy Committee -2/12/16 Oppose DORE /HILL 0 I II 3/20 I 6 Introduced In House -Assigned to State, Veterans, & Military Affairs Fire Protection Dist Impact Fee On New Development Meghan Dollar Oppose Unless Amended DORE 01 /19/2016 Introduced In House -Assigned to Local Government Authorize Retail Marijuana Special Event Permit Kevin Bommer Policy Committee -2/12/98 Board/Policy Committee: Pl'diSigned: Position: Sponsors: Status: . B16-0 11 Staff: Board/Policy Committee: PI' d/Signed: Position: Sponsors: Status: 816-037 Staff: Board/Policy Committee: PI'diSigned: Position: Sponsors: Status: .. 816-067 Staff: Board/Policy Committee: Pl'd/Signed: Position: Page 2 of 3 Oppose Cnleso; Amended MORENO 01119/2016lntroduced In House-Assigned to Public Health Care & Human Services Terminate Use Of FASTER Fee Revenue For Transit Dianne Criswell Oppo~c NEVILLE T. I NEVILLE P. 01/13/2016 Introduced In Senate-Assigned to Transportation Public Access Digitally Stored Data Under CORA Geoff Wi lson KEF ALAS I PABON 01/13120 16 Introduced In Senate-Assigned to State, Veterans, & Military Affairs Broadband Personal Property Tax Exemption Dianne Criswell O ppo. c Unlc Amended 1/?f\/?0 1 (\ Sponsors: Status: Bl6-069 Staff: Board/Policy Committee: Pl'd/Signed: Position: Sponsors: Status: Page 3 of3 SCHEFFEL I WILLIAMS 0111912016 Introduced In Senate -Assigned to Finance + Appropriations Community Paramedicine Regulation Meghan Dollar Policy Committee-2112116 Oppose GARCIA I PABON 01/19/2016 Introduced In Senate-Assigned to Health & Human Services Bli..L RCPORT HC~ULTS-H OU SE ~MLJ ---~~·~--..._. LIST OF CML r OUOWCD HOUSE BIUS · 2016 SESSION ••Pos111ons au~ starr r~ommendauons tl ~Policy Co1nm1ttf!~· or "Boa.rd" 1s noted 8lllf Staff 8oan&/Poltc:y C-'ttft Pl'~ncd Potltlon Shcwt ntle ~ Moltlt«llfiiStalu• II. 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MCII'IIIor WCJf~I'I~Gtwph~thon0tv tl'l01\ltt'>~ MERAIIIHO 01/ll/2016 lnlroduet'd '" Sen•tr A>tlant'dtOSI)tr, VetH.tf'l'l.& Mlhrarylltbln 'Ill ens~n AttiOM \.t'll\ ~Onl"" M'll'lotor l.trtVW""' Wllh A 0KI'~ HtiiN" llrld~ SONNENIITIIG 01113/)01&11\ltodiXf'CIInSerutt AnrRnl'd IU .kJIIIUart • Aporopfi311'1M ,. .... .: •R!~ ~IIWol.on Surrrv..-r SutC'IyAeqnw~r r01 ~•llna h• BII~Ciollrtt<'d NtVILlC T ! !fRAn TtiAAP 0 111ll70161nr•octuc4!dlnSe""tr • Ai!OIInN ro f'rn.a1111:~ .Ill Our I 1• ~IIWibon o--l'\rblic Au~• (),air )I• Slorrd 0~ II<'IMr COllA f(frAIA'I P/IIION 01113/2016l<tlrodUCf'd In SeMI' Alttll"td 10 Sl~tr V.IH.>n1.. &. MHrCartllllo'IO'< I), II \fo 1: Groll Wil•.o11 Morwcor Tr~~•-.cvOI(r.-y-<f"'lf'ftd8o"''" AGVII.,.\111 YOUNG OlJIJI701& lnlroducrd lnS..IUI~ • -'>\ltnf'CI toSt.llr Vfolfu"" I. MlliUtyAff~u "" ,. :: • n ::r 5I • :I ... ~ Should thb deslan movo fD<Wonl ln the pr~I!Ss? Totll --- Meeting 1. Round 1 Meetlns l, Round 2 Mootlns 2 Meotlnslotat New Parti<:ipilnt Surve.y Survey Total Yos 4SO 104 9 32 145 305 305 No TotaJVow "Yos "No _,)92 !:'2 51~" ~ 65 61.54" 38.~6" 10 47.3~ 52.63" 31 50.7~ 49.21" 106 251 S7.7'N' 4l.Z3" 286 5L6l"-48.39"- 216 591 51.61" 41139"- 2 ......... ......... Should thiS dHian move forword In the JKoceu? Yn No Total Vote• "YH "No Toul etc~ 365 115 55.76" 4'.24" M~etlnc 1,1\ound 1 101 66 60.4'"' 39.5~ Meetlrc 1. Round 2 9 10 47.37% 52.6~ Mutinl2 ]6 2S 590~ 40.9'"' MHtlncToUI 1~ 101 20 59.11" 40-"" New P.rti<apont Suowv 314 264 Sl3~ 4567% SwwyTotal )14 261 578 SI-ll% 45.6'/% 3 Should this desicn move forward in the process7Total Yes No Total Votes "Yes "No 269 542 Ill U.ll% 66.83" Meeting 1, Round 1 77 93 45.29" 54.71" Meeuns1. Round 2 3 18 14.29% 85.71" Meeling2 10 40 20.00% 80.00% MeetinsTotal 90 151 241 37.34% 38.52% Nl!w Participant Survey 179 391 31.40l' 68.60% Survey Totlll 179 391 570 31.41m 68.61m 4 Should this dtslan mov~ l()fWard In the proceu? YH No TotaiVotu "Y~s "No TOtlll 209 602 111 25.7N 74.23" Muuna 1. Round 1 70 96 42.1~ 57 83" M~~~~na 1. Round 2 5 lS 25.~ 75.00% Meeuna 2 20 41 32.79% 67 .21" MHtlna T Otlll 95 152 247 31.46" 61.54" New P•rtl<tpont Survey U4 450 20.21" 79.79% Survey Tonti 114 450 564 20.21" 79.79% 5 _..,._ .. ..... ,_ Should tills desl(n movt fc><watd In tile ptouu? Yn No Total Votes lOu "No T-Jll .,1 IU ... R,. 5).111'( M .. IOnc I. Round I 87 &3 Sl Ill'! 48.82!' M«otlnt 1. Round l 13 35~ 6S~ MHtlnt 2 ll 28 533~ 46.67% Meftlnc Toto! U5 U4 2SO so.-49.60% Ntow hnidp;ant Surwy 2SS )(17 4~.JN 54 6l1' SIHVptTotal us Ja1 SP 4$.lN S4.6l1' 6 Should thh des.ic• movelonn,.lft the.,._,., YH No rout votu "v .. II No TDlOI .uo ~ •u .0.~ St.J"' Mfftlntl, Round 1 g.c 71 ~'"' C3.0310 Meet•nc l, Round 1 IS lS.OOK 75-00K MHUnt2 2l 17 l8 Jl!l 61.67lC MMdnrTow w ~ 251 Ol.llll SL»lC NtwP.an~t Sut'W"t' 208 )3) 37011' 619lll SuN~TOIII ;zoa )SJ Sfl n .Oil' ~ 7 --- Should this deslcn move forw1rd In the process? Yes No TouiVotes "Yes %No Total zen 5" IU 25.13" 74.81% MeellllC 1, Round I 29 141 17.06W; 82 94% Meetl'lt I, Round 2 3 18 14.29% as 71% Metlln& 2 4 47 7.84% 92.16" Meetlnc Total 36 206 242 14.88% 8S.U" New Part~e•pant Survey 16S 393 29.57" 70,43% Survey Tot"l 165 393 ssa 29.57" 70.43" 8 ..2~ Ill. j-r.,.oq' l<l•o j 8 ~ 1" /2.-:{. t.r .. { .... j~~ 2 '¥ 5= 1:. .. -~·.<::o .... z.,. .c .(; ..;,..,. f1•"" , - 2.~ , 2.--J --? ...... ..... _ ~•no,c ·--.... ~- Should thli deslsn move foiWanl In the proceu? Yti No ToraiVotes "Yes "No ToUI 359 "I 100 .... 55.13" M .. tlns 1. Round 1 75 93 44.64" 55.36% M•etin& 1. Round 2 9 u 42.8~ 57.14% Meetlng2 23 36 38.98% 61,02% MeetlncTobl 107 14l 241 43.15" 56.85" New Participant Survey 252 300 4~.65" S4.3S" SuNeyTotal 252 300 552 45.65" 54.35" 9 Should this dHI&n move fOfWud In the process? ns No Total Votes "Yes "No TOUI J51 450 112 43.12% 56.1"' Meeting 1, Round 1 95 73 56.SS" 43,4S% Meeting 1, Round 2 6 15 28.57% 71.43% Meetln&2 35 26 57.38% 42.62% Meeting Tot~ I 136 U4 2SO 54.40% 45.60% New Par11cipant Survev 215 336 39.02% 60.98% Surwy Total 215 336 551 39.01% 60.~ 10 ~ ~..-... .. ....... vc-.. r-..... .,.._~ ~ ,.., ..,~r....._ ... ,.., ..... ...._ .. ,.,._.,...... @ 1001. ' - Should thiS desl1n move forward In the protess? Yes No Total Votes "Yes "No Total 168 601 769 21.8S" 78.15" Meelillll I, Round 1 31 126 157 19.7S" 80.25" Meetln& 1, Round 2 8 12 40.00" 60.00% Meetlnt 2 9 34 20 93" 79.07" Meetlna Total 48 172 220 21.82" 78.18% New Panlclpant Survey 120 429 21.86" 78 14" Survey Total 120 429 549 21.86" 78.14" 1, Should this desl&n move lorwaNI In ltle pf'O(lest? Yes No Total Voles "v •• "No TObl M8 441 IU 4).721j; 56.21'K Meeting 1. Round 1 89 19 S2.91'K 4702% Meet.,.l. Round 2 9 12 42.86% 57 14" MHttnc2 21 l3 4500% 5500% Me.tJnaTotal llS 124 249 50~ .,..,. Now Plrti:ipont Sutwv 223 324 40 77% 59.23" SurvoyTotal U3 324 $41 40.n. 59;2~ 12 Should this deslan move forward In the proceu? Yes No Total Votes "Yes "No Tout 427 156 112 S4.53" 45.4711. Meetine I, Round 1 98 64 60.49% 39.Sl% Metll"l I, Round 2 u 10 52.33% 47.62% MeeiJ"I2 21 32 39.62% 60.38" Meetlna Total 130 106 236 55.08% 44.92" New Partlto~nt Survey 297 250 S4.30% 45.70% Survey ToW 297 250 S47 S4.30% 45.70% 13 Should this design move forwa rd In the prouss? Yes No Total Votes "Yes "No Total 352 440 Ill 44.44" 55.56" Meeting 1, Round 1 99 71 58.24" 41.76" Meeting 1. Round 2 u 9 57.14" 42.86" Meeling2 24 35 40.68" S9.U" MHtingTotal 135 115 250 54.00% 46.00% N-Pan•cipant Survey 217 325 40.04" 59.96" Survey Total 217 325 542 40.04" 59.96" 14 - Should this deslsn move forward In the prCKess? Yes No Total Votes "Yes "No Total m sss au H.~ 70.52% Meetlnsl, Round 1 40 us 23.81" 76.19" Meetiflg 1. Round 2 8 13 38.10% 61.90% Meetln&2 14 42 25.00% 75.00% Meetinc Totitl 62 183 245 31.37% 68.63" New PartitiPint Survey 170 372 31.37" 68.63" Total 170 372 542 31.37% 68.63% 15 Should this deslan move forward in the proces.s? Yes No Total Votes "Yes "No Total 215 S7J 812 27.28% 72.72" Meetlng 1, Round 1 40 126 2410% 75.90% Meeting 1, Round 2 6 14 30.00% 70.00% Meeting2 11 49 18.33% 81.67" Meeting Total 57 189 246 23.17% 76-83% New Participant Survey 158 384 29.15% 70.85% SuTVey Total 158 384 542 29.15" 70.85% 16 Should this deslsn move forwilrd In the process? Yes No Total Votes %Yes %No Totel 238 547 715 30~ 69.68% Mee~~ng l, Round 1 49 lU 30.43% 69.57% Meeting 1, Round 2 8 13 38.10% 61.90% Meetlng2 14 47 22.95% 77.05% Meetins Total 71 172 243 29.22% 70.78% New Partkipan! Survey 167 375 30.81% 69.19% Survev Total 167 375 S42 30.81% 69.1.9% Should this design move forward In the process? Total Meeting 1, Round 1 Meeting 1, Round 2 Meetrng2 Meetlnc Total New Partlc•pant Survey Survey Total .-........ -• --- Yes No Total Votes 211 571 782 37 125 7 13 15 45 59 183 242 152 388 152 388 540 %Yes %No 26..98% 73.02% 22.84% n .t6% 35.00% 6500% 25.~ 75.00% 24.311% 75.62% 28.15% 71.85% 28.15% 71.85% 18 Should this design move forward in the process? Yes No Total Votes %Yes %No Total 142 647 789 18.00% 82.00% Meellng 1, Round 1 29 139 17.26% 82.74% Meeting 1, Round 2 6 15 28.57% 71.43% Meetlng2 10 52 16.13% 83.87% Meeting Total 4S 206 2Sl 17.93% 82.07% New Participant Survey 97 441 18.03% 81.97% Survey Total 97 441 538 18.03% 81.97% 19 Should this desisn move forw~rd In the process? Yes No Total Votes %Yes %No 'Total 199 586 785 25.35% 74.65% Meeting 1, Round 1 46 122 27.~8% 72.62" Meeting 1, Round 2 7 13 35.00% 65.00% Meettns 2 13 48 21.31" 78.6~ Meetlns Totil 66 183 249 26.51% 13A~ New PartlciPint Survey 133 403 24.81% 75.~ Survey Total 133 403 536 24.81" 75.~ 20 Should this deslcn move forward In the process? Yes No Total Votes %Yes %No Total 460 ru 783 58.75% ·~ Meeting 1, Roond 1 116 54 68.24% 31.76% Meeting 1. Round 2 9 11 45.~ 55.~ Meetong 2 41 20 67.21% 32.79% Meeting Total 166 85 251 66.14% 33.86% New Participant Survey 294 238 55.26% 44.74% Survey Total 294 238 532 55.26% 44.74% 21 Should this design move forward In the proces? Yes No Total Votes "Yes %No Total 168 506 n• ~.63% 6S.J7% Meeting 1, Round 1 78 87 47.27" S2.73" Meeting 1, Round 2 3 18 14.29% 85.71% Meeting 2 23 35 39.66% 60.34% Meeting Total 104 140 244 42.62% 57.38% New Participant Survey 164 366 30.94% 69.06% Survey Total 164 366 530 30.94% 69.06% 22 Should this design move forward in the process? Yes No Total Votes %Yes %No Tot•l 399 379 778 51.29% 48.71% Meeting 1, Round 1 98 68 59.04% 40.96% Meeting 1, Round 2 11 10 52.38% 47.65% Meeting 2 31 30 50.82% 49.18% Meeting Total 140 108 248 56.45% 43.55% New Participant Survey 259 271 48.87% 51.13% Survey Total 259 271 530 48.87% 51.13% 23 Should this de.sign move forward In the process? Yes No Totill Votes %Yes %No Total 402 373 ns 51.87% ca.u% Meeting 1, Round 1 94 74 55.95% 44.05% Meeting 1, Round 2 6 15 28.57% 71.43% Meeting 2 43 15 74.14% 25.g6% Meeting Total 143 104 247 57.89% 42.11% New Participant Survey 259 269 49.05% 50.95% Survey Total 259 269 528 49.05% 50.95% 24 Should this deslan move forward in the process? Yes No Total Votes %Yes %No Total 1~ 628 768 18.23% 81.77% Meeting l, Round 1 67 92 42.14% 57.86% Meeting I, Round 2 1 20 4.76% 95.24% Meetin82 2S 36 40.98% 59.02% Meetlna Total 93 148 241 38.59% 61.41% New Paniclpant Survey 47 480 8.92% 91.08% Survey Total 47 480 527 8.92% 91.08% 25 Should this design move forward In the process? Yes No Total Votes %Yes %No Total 169 4lS 694 38.76" 61.14% Meeting 2 39 22 63.93% 36.07" Meetlna Total 39 22 61 63.93" 36.07" New Participant Survey 170 3S7 32.26% 67.74% Meeting 1 Participant Survey 60 46 56.60% 43.40% Survey Total 230 403 633 36.33% 63.67" 26 7_7 -- Should this design move forward In the process? Yes No Total Votes "Yes %No Totll 2ll 479 691 30.61% 69.32% Mee11ng 2 25 35 41.67% 58.33% Meetlna Total 2S 35 60 4Ui7% 58.33% New Participant Survey 147 379 27.95% 12.05" Meetons 1 Partiopant Survey 40 65 38.10% 61.90% Surwy Total 187 444 631 29.64% 70.36% 27 2..8 Should this design move forward in the process? Yes No Total Votes %Yes %No 'Total 279 410 689 40.49% 59.51% Meeting2 31 27 53.45% 46.55% Meeting Total 31 27 58 53.45% 46.55% New Participant Survey 20S 321 38.97% 61.03% Meeting 1 Participant Survey 43 62 40.9S% 59.0S% Survey Total 248 ~3 631 39.30% 60.70% 28 Should this design move forward In the process? Yes No Total Votes %Yes %No Toul 241 446 687 35.08% 64.92% Meeting 2 20 36 3S.71% 64.29% Meetlna Total 20 36 56 35.71% 64.29% New Participant Survey 170 3S6 32.32% 67.68% Meeting 1 Participant Survey Sl 54 48.57% 51.43% Survey Total 221 410 631 35.02% 64.98% 29 30 Should this design move forward In the process? Yes No Tot1IVotes %Yes %No Total 189 soo 619 27.43% 72.57% Meeting2 17 42 28.81% 71.19% Meetina Total 17 42 59 28.81% 71.19% New Partlopant Survey 150 3?5 28.57% 71.43% Meetong 1 Panidpant Survey 22 83 20.95% 79.05% Survey Total 172 458 630 27.30% 72.70% 30 3\ ·-- Should this design move forward In the pr~en7 Yes No Total Votes %Yes "No Toe .. U9 341 617 49.3C% 50.66% Meetlng2 43 14 75.44" 24.56% Meetlnc Total 43 14 57 75.44% 24.56% New Participant Survey 231 294 44.00% 56.00% Meeting 1 Partklpant Survey 65 40 61.90% 38.10% Survey Total 296 334 630 46 •. 98% 53.02% 31 ...... Should this deslcn move forward In the process? Yes No Total Votes %Yes "No Total 279 401 617 40.61" 59.39% Meetlng2 29 28 50.88% 49.12% Meetlna Total 29 28 57 50.118% 49.U " New Partlcopant Survey 190 335 36.19% 63.81" Meeting 1 Participant Survey 60 45 57.14% 42.86% Survey Total 250 380 630 39.68% 60.32% 32 3.3 -- Should tl>is deslcn move forwatd In lht proteJs? Yes No Touol Voles "Yes %No Toal 2U •54 611 J).IZ% 66.18% Meeting2 33 25 5~ 43.1011 MMtinsTObl 33 25 sa 56.9011 43.1011 Now Participant S<Hwy 163 ]l;O )l.l~ 68.83')(, MutJnc I Participant S<Hwy 36 69 3'~ 6S7UI 5<1.-wy T Obi 199 «29 ,11 )L69% 61.11" 33 34 Should this d~lan move forward In the proc~s? Yes No Total Votes %Yes %No Toe. I m 451 w JU7% 66.03% Meetong 2 24 34 41.38% 58.62% Meetlna Tot•l 24 34 58 41.38% 58.62% New Panldpant survey 173 347 33.27% 66.73% Meetong 1 Panlopant Survey 35 70 33.33% 66.67% SUrvey Total 208 417 625 33.28% 66.72% ~~~# .... ~ .,. City of • .. ~Wlieat~e ~OFFICE OF THE Crrv MANAGER Memorandum TO: Mayor and City Council FROM : Patrick Goff, City Manager f:i>- DATE: February I, 2016 SUBJECT: Review of Council Rules of Order and Procedure ISSUE: The Charter of the City of Wheat Ridge provides that the Council may detennine its own rules of procedure for meetings. Section C of Suspension and Amendment of These Rules states "These Rules will be reviewed by Council within three months of an election ... " PRIOR ACTION: Council Rules of Order and Procedure were last amended in 2014. At the April 21 , 2014 Study Session, numerous sections of the Rules were discussed and recommended for change. The City Attorney incorporated all of the recommended changes and reorganized the numbering. The City Council approved the Council Rules of Order and Procedure as amended on Apri128, 2014. RECOMMENDATIO N: Council should review the Rules and Procedure and propose any recommended changes. If there are proposed changes, they will be placed on the next CouncH agenda for consideration. ATTACHMENTS: 'I . Rules of Order and Procedure ""'J.~ I? ~ityof Wheat~ge RULES OF ORDER AND PROCEDURE CITY COUNCIL WHEAT RIDGE, COLORADO Adopted: April28, 2014 Amended: ___ _ TABLE OF CONTENTS I. AUTHORITY 3 11. CITIZENS' RIGHTS 3 ill. CHAIR, MAYOR PROTEM AND THEIR DUTIES 4 IV. CHAIR 4 MAYOR PROTEM ........................................................................................... 4 CITY CLERK .................................................................................................. 5 CITY ATTORNEY ............................................................................................ 5 PARLIAMENTARIAN AND RULES OF ORDER ....................................................... 5 V. COUNCIL MEETINGS AND MEETING PROCEDURES 6 TYPES OF MEETINGS ..................................................................................... 6 STUDY SESSIONS .......................................................................................... 6 ADJOURNED MEETINGS .................................................................................. 6 EXECUTIVE SESSIONS ................................................................................... 6 MEETING NOTICES AND REQUIREMENTS .......................................................... 6 ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL GATHERINGS ................................................................................................ 7 ABSENCES .................................................................................................... 7 RIGHT OF THE FLOOR .................................................................................... 8 ELECTED OFFICIALS MATTERS ........................................................................ 9 VI. ORDER OF BUSINESS AND THE AGENDA 9 ORDER OF BUSINESS ..................................................................................... 9 AGENDA: PREPARATION AND INITIATION OF AGENDA ITEMS ............................. 9 INITI ATING AND ADDING AGENDA ITEMS ...................................................... 10 PUBLIC HEARINGS ....................................................................................... 11 ORDINANCES ON FIRST READING ................................................................. 11 TIME OF ADJOURNMENT ............................................................................... 11 VII. RECONSIDERATION 12 VIII. SUSPENSION AND AMENDMENT OF THESE RULES 12 SUSPENSION .............................................................................................. 12 AMENDMENT ............................................................................................... 12 REVIEW ...................................................................................................... 13 -2- RULES OF ORDER AND PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO I. AUTHORITY: Sections 4. 7 and 5.1 of the Home Rule Charter of the City of Wheat Ridge authorize the City Council to determine its own rules of order and procedure for meetings. The following Rules shall be in effect upon their adoption by the Council until such time as they are amended or new Rules adopted in the manner provided by these Rules. I I. CITIZEN'S RI GHTS A. CffiZENS' RIGHTS: 1. Any person may speak only once per meeting for a maximum of three (3) minutes on any item other than Agenda items. 2. Persons desiring to speak on an Agenda item are requested to sign the appropriate roster in Council Chambers. Speakers shall confine their remarks to the relative item. There shall be no time limit applied to Citizens' Comments on any scheduled Agenda item unless deemed appropriate by the Chair. 3. There shall be no restriction on the number of citizens who wish to speak. 4. The content of any speaker's comments cannot be censored . 5. Persons in attendance shall be allowed to donate time to other speakers to a maximum of nine (9) minutes, including the three (3) minutes the original speaker has. 6. The Chair will entertain no written comments from the public unless a member of the public representing the author is present to read them into the record. A Council Member may read written comments into the record with the approval of the majority of the Council present. 7. Council has the choice whether or not to respond to citizens after the closure of the Citizen Comment portion of the meeting. -3- 8. All written communications to Council must be signed. If not signed, the written communications may not be accepted. III. CHAIR, MAYOR PROTEM, CITY CLERK, CITY ATTORNEY, PARLIAMENTARIAN AND THEIR DUTIES AT MEETINGS A. CHAIR: 1. The Mayor shall preside over the meetings of the Council. 2. In the absence of the Mayor, the Mayor Pro Tern shall preside. 3. The Chair shall preserve order and decorum, prevent personal attacks or the impugning of members motives, confine members in debate to questions under discussion, be responsible for conducting meetings in an orderly manner, assure that the minority opinion may be expressed and that the majority be allowed to rule. B. MAYOR PROTEM: 1. At the first or second Regular meeting in November of each year, the Council shall nominate, by secret paper ballot, and elect by motion upon a majority vote, a Mayor Pro Tern who shall serve until their successor is elected. The procedure shall be as follows: • The presiding officer will announce that the floor is open for nominations for the position of Mayor Pro Tern. • Nominations will be taken from City Council members by voice. No second is needed. • Each nominee will have the opportunity to address the Council. • Each Council member will mark the paper ballot with the name of the nominee they wish to vote for and fold the paper in half to ensure secrecy. • The City Clerk will collect the ballots, tally the results, and return the written name of the majority vote receiver to the presiding officer, who will announce the highest vote getter. • In the event of a tie, the Mayor will cast a paper ballot, to be delivered to the City Clerk for inclusion into the election tally. • A motion and second is then in order to elect, the highest vote getter to the position of Mayor Pro Tern. The Council is encouraged to confirm the nomination unanimously; however, -4- Council Members are not required to vote for this person. If the motion is not carried, additional motions are in order until a Mayor Pro Tern is elected by a majority of Council. 2. If presiding, the Mayor Pro Tem shall have the voting privileges of a regular Council Member. 3. The Mayor Pro Tem's duties shall include reviewing and setting the Agenda prior to Council Meetings and adding emergency items for discussion if necessary. The Mayor Pro Tem shall have the authority to remove any item from the Agenda of any Regular Meeting or Study Session with the exception of: (a) an item placed on the Agenda by two (2) Council Members prior to the meeting pursuant to Rule V.D.l; or (b) an item added by the Council by majority vote during any meeting pursuant to Rule V.D.l. 4. The Mayor Pro Tem shall arrange for and coordinate the orientation of all newly elected officials within two (2) months after the election. C. CITY CLERK: The City Clerk, or designated representative, shall attend all meetings of Council and shall keep the official minutes. D. CITY ATTORNEY : The City Attorney, or acting City Attorney, shall attend all meetings of the Council unless excused by the City Council and shall, upon request, give an opinion, either written or oral, on the question of law. E. PARLIAMENTARIAN AND RULES OF ORDER: 1. The Mayor Pro Tem shall also function as the Council Parliamentarian, and may call upon the City Attorney for a recommendation on procedure, if desired. 2. The Parliamentarian shall advise the Chair and members of Council on parliamentary rules. 3. The Rules contained in the current edition of Robert's Rules of Order, newly revised, shall advise the Parliamentarian regarding questions of order and procedure in all cases to which they are applicable and in which they are not inconsistent with these Rules, the Wheat Ridge Home Rule Charter, the Wheat Ridge Code of Laws or other laws governing the City. 4. In cases where the Rules contained in the current edition of Robert's Rules of Order, newly revised, are inconsistent with these Rules, these Rules control. -5- 5. The Mayor (or the Mayor Pro Tern, if presiding), shall be the final authority on all points of order procedure, subject to override upon a three-fourths (3/4) majority vote of the entire Council. IV. COUNCIL MEETINGS AND MEETING PROCEDURES A. TYPES OF MEETINGS: 1. The Council meets in the Municipal Building for Regular, Adjourned, Special Meetings, and Study Sessions. 2. Regular Meetings are held the second (2"d) and fourth (4th) Monday of each month at 7:00 PM unless otherwise provided by amendment of these Rules. 3. Study Sessions are held the first (1st) and third (3rd) Monday of each month at 6:30PM, unless otherwise provided by amendment of these Rules. B. STUDY SESSIONS: 1. Study Sessions shall be for the purpose of discussion of concepts and ideas. No formal business shall be conducted. Consensus votes during all Study Sessions are non-binding, with exception of consensus votes to schedule or decline to schedule a matter for consideration at a Regular or Special Meeting, which may, however, be reconsidered after six (6) months as permitted by Rule V.D.3. Unless an issue is disposed of at a Regular, Adjourned, or Special Meeting, it may be amended or reconsidered in that or any future Study Session. 2. Public Comment will be allowed at the beginning of a Study Session for only those items on the agenda and each speaker is limited to a maximum of three (3) minutes. C. ADJOURNED MEETINGS : Any Meeting of the Council may be adjourned to a later date and time, provided that no adjournment shall be for a period longer than the next Regular Meeting. D. EXECUTIVE SESSIONS: 1. The Council may meet in Executive Session on a vote of a majority of City Council in a Regular or Special Meeting (Charter-Section 5. 7). 2. No notes may be taken during an Executive Session except by the City Clerk and/or City Attorney. -6- 3. If at any time during the session, a Council Member feels that a matter is being discussed other than that stated, that member should so state and may request that the session be terminated. Upon consensus vote of Council Members present, the session shall be terminated. E. MEETING NOTICES AND REQUIREMENTS: 1. Five (5) or more Council Members may attend informal meetings held for the purpose of acquiring information and discussion topics provided that public notice of the meeting is posted in the location establishing for posting of all Wheat Ridge meetings at least 72 hours prior to the meeting, listing the topic of the meeting, its location, time, and date. The location of this posting shall be the bulletin board outside the City Clerk's room in City Hall. a) Copies of the notice shall be given to all City Council Members and the City Clerk at least 72 hours before the meeting. b) The City Clerk is responsible for the posting of the meeting. 2. Any three (3) or four (4) Council Members may attend informal meetings held for the purpose of acquiring information and discussing topics. Such meetings must be open to the public, but no notice is required unless formal actions will be taken. 3. Meetings involving no more than two (2) Council Members, whether in person or by telephone, whether or not the Mayor also attends, shall not be subject to any of the requirements of this Rule. 4. All Meetings (other than those between only two (2) Council Members and/or the Mayor) shall be open to members of the public and the press. F. ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL GATHERINGS: 1. The purpose for this rule is to permit the City to be represented by its elected officials at meetings of other groups or organizations, including without limitation, intergovernmental organizations, neighborhood organizations, business and service organizations, and other organizations or groups with which the City has a relationship. 2. Any member of Council and the Mayor may attend meetings of other groups without prior notice, provided however, that any such meeting, if attended by three (3) or more members of the Council, is open to the public, pursuant to Section 24-6-401, et seq., C.R.S. -7- 3. Social gatherings, at which the discussion of public business is not the central purpose, shall not be subject to any of the requirements of Rule IV.E. G. ABSENCES: In the event that a Council Member expects to be absent from a Regular Meeting or Study Session, the Member shall notify the City Clerk, and the City Clerk will duly notify the City Council at the beginning of the meeting. H. RIGHT OF THE FLOOR: 1. This Rule III.H shall apply only to Regular, Special and Adjourned Meetings, and not to Study Sessions, unless specifically noted. The presiding officer must first recognize each Council Member requesting to speak unless limited by a motion to limit debate or for calling the question. (applicable also to Study Sessions) 2. Speakers shall confine themselves to the question under discussion. All discussion must be germane to the agenda item. (applicable also to Study Sessions) 3. Members of Council shall avoid personal attacks and refrain from impugning the motives of any member's argument or vote. (applicable also to Study Sessions) 4. Following introduction of an agenda item, a staff report, if any, and a motion, each Council Member shall have the right to ask questions of staff or discuss an agenda item with staff. Council Member questions are limited to three (3) minutes each, two (2) times. Staff responses are not included in the time. Following question time, Council Members may engage in debate of the issue at hand prior to voting. The debate may consist of two (2) rounds with each Council Member having one opportunity per round to speak in turn. The first round may consist of a statement of position on the issue by each Council Member not to exceed four ( 4) minutes. The second round may consist of responses to position stated by other Council Members not to exceed two (2) minutes. 5. Once a vote has been taken, there shall be no further discussion on that motion or Agenda Item unless a motion to reconsider is adopted. 6. In the event of an amendment to an agenda item motion, the maker of the amendment shall have one (1) three (3) minute period to make the amendment and speak to the amendment. All other Council Members shall have one (1) two (2) minute period to speak to the amendment. -8- I. ELECTED OFFICIALS' MATTERS: This is the time elected officials and staff may make comments on any subject. Time limit per elected official and staff will be five (5) minutes. V. ORDER OF BUSINESS AND THE AGENDA A. SCOPE OF RULE : This Rule V shall apply only to Regular, Special and Adjourned Meetings, and not to Study Sessions, unless specifically noted. B. ORDER OF BUSINESS: The general rule as to the Order of Business in Regular Meetings is stated thus: • CALL TO ORDER • PLEDGE OF ALLEGIANCE • ROLL CALL • APPROVAL OF MINUTES • PROCLAMATIONS AND CEREMONIES • CmZENS RIGHT TO SPEAK • APPROVAL OF AGENDA • CONSENT AGENDA • PUBLIC HEARINGS, ORDINANCES ON SECOND READING, FINAL SITE PLANS • ORDINANCES ON FIRST READING • DECISIONS, RESOLUTIONS AND MOTIONS • CITY MANAGER'S MATTERS • CITY ATTORNEY 'S MATTERS • ELECTED OFFICIALS' MATTERS • EXECUTIVE SESSION (AS NEEDED) • ADJOURNMENT C. AGENDA : PREPARATION AND INITIATION OF AGENDA ITEMS 1. The order of business of each meeting shall be as contained in the Agenda prepared by the Mayor Pro Tern. 2. By majority vote of the City Council during any City Council meeting, including any Study Session, the order of business for that meeting may be changed. The City Manager and City Attorney may propose to add items to the Agenda of such meetings under "Approval of Agenda," subject to approval by a majority of the Council. 3. Agenda shall be listed by topic of subjects to be considered by the Council and shall be distributed by 5:00PM on the Thursday prior to the Monday of the Regular Meeting. In the event of a holiday, the -9- material shall be distributed not later than noon on the Friday prior to the Monday meeting. 4. The City Clerk's Office shall be notified of the sequence of the Agenda Items by noon on the Wednesday preceding the Monday on which Council meets. All backup material and documents shall be filed with the Clerk's office by 5:00 PM on that day in order to be included in the Council packet. 5. A majority of Council Members present is required to direct the City Attorney or staff to draft an ordinance to be included on the agenda. 6. A majority vote of City Council Members present may add, change the order of, or delete an item from the agenda, under "Approval of Agenda." In Regular Meetings, this must be done before Public Hearings and Second Readings. 7. Th e first option of introducing Agenda Items shall go to a representative of the Council District to which the Agenda Item pertains or to the Council Member who initiated the item. Council Agenda items not specific to a Council District may be introduced by any member requesting such privilege from the Chair in advance of the meeting or requesting to introduce the item at the meeting. 8. Fiscal Notes. The City Manager may prepare a brief explanatory note that shall include a reliable estimate of the anticipated change in the expenditures or revenues to the City and whether such expenditures or revenues shall be recurring in nature during future budgets years. Th is shall include any principal and interest payments required to finance expenditures. 9. Council cannot approve an appropriation under City Manager's Matters, City Attorney's Matters, or Elected Officials' Matters. D. INITIATING AND ADDING AGENDA ITEMS: 1. Council Members or the Mayor may each originate an agenda item with the approval of one other Council Member. Each Council Member and the Mayor shall be allowed to originate only two (2) items per month to be added to the Agenda of a Regular Meeting or a Study Session, subject to the scheduling authority of the Mayor Pro Tem under Rule II.B.3. It is the intent of this Rule that no more than two (2) agenda items may be initiated by the Mayor or any Council Member during any single month. 2. If a Council Member asks that an item be added to the Agenda for any Regular Meeting or Study Session, it is the responsibility of that Council Member to provide backup material for the Council packet as -10- to the subject or arrange for that backup material to be prepared. No item may be included in the Agenda without proper backup. 3. Other than by reconsideration pursuant to Rule VI, once an item has been decided by a formal Council vote at any Regular, Special or Adjourned Meeting [or by a binding consensus vote at any Study Session under Rule IV.B.l] it is not eligible to be added to a future agenda for six (6) months. 4. Motions made by Council Members, which are not in the Council packet, must be submitted to the City Clerk and Mayor in writing during the Council Meeting so it may be repeated, and included in the minutes. 5. During a Regular Meeting, under the Elected Official's, City Manager's or City Attorney's matters portion of the agenda, or at a Study Session, a Council Member, the City Manager, or the City Attorney may request that a motion be made to add an item to a future Agenda for consideration, subject to ap proval by the Council by a majority vote (for addition to a Regular Meeting Agenda) or a consensus vote (for additions to a Study Session Agenda). 6. The City Manager may add administrative and operational items to the agenda during "Approval of Agenda." E. PUBLIC HEARINGS: All speakers are requested to sign up on the appropriate roster, indicating whether they intend to speak to a particular Agenda Item. The Council shall not entertain a motion for the final disposition of the matter until the City staff and applicant have made their presentations, if any, and the public hearing has been closed, provided, however, that motions regarding the conduct, scheduling or continuation of the public hearing Itself shall be proper at any time. F. ORDINANCES ON FIRST READING: It is the goal and desire of City Council to allow all interested parties to provide input during the Public Hearing/Second Reading on all proposed ordinances. A full, complete, and open discussion of all proposed ordinances is encouraged during the Public Hearing/Second Reading. Therefore, public comment and staff presentations will occur only during the Public Hearing/Second Reading. First Reading will be for the purposes of setting proposed ordinances for publication, and establishing a date for the Public Hearing/Second Reading. Amendments to a proposed ordinance can be made during a First Reading, following the guidelines for offering amendments in these Rules. G. TIME OF ADJOURNMENT: -11- At 11:00 PM, the City Council shall complete action on the Agenda Item then under discussion and shall adjourn the meeting. Prior to such adjournment, the Council may take any or all of the following actions: 1. Acting by three-fourths (3/4) majority vote of the Council Members present, complete all or portions of the remaining Agenda . 2. Acting by a majority vote, schedule any unfinished items for a future Regular or Special Council Meeting. 3. Acting by majority vote, continue the meeting to a later date and time certain. VI. RECONSIDERATION 1. A motion to reconsider can be made only by a Council Member originally voting with the prevailing side. 2. Such motions shall be made only at that or the next scheduled Regular Meeting. A continued or rescheduled meeting shall be considered a next scheduled Regular Meeting for the purpose of Reconsideration. If not reconsidered at that time, the issue cannot be placed on any agenda for six (6) months. 3. A motion to reconsider shall require an affirmative vote of a majority of the entire Council. 4. A Council Member who has been absent from the meeting at which the item was discussed may vote on the substantive matter following a successful motion to reconsider provided the Council Member affirms on the record that he or she has listened to the recording of that Agenda item. VII. SUSPENSION AND AMENDMENT OF THESE RULES A. SUSPENSION: Any provision of these Rules not governed by the Home Rule Charter or Code of Laws may be temporarily suspended by a three-fourths (3/4) majority vote of Council Members present. B. AMENDMENT: -12- These Rules may be amended, or new Rules adopted by a majority vote of Council Members at a Regular or Special Meeting, provided that the proposed amendments or new Rules shall have been submitted in writing to Council at a preceding meeting or a Study Session. Any Council Member, or the Mayor, may initiate an amendment of these Rules in the manner provided for initiation of agenda items by Rule V.D. C. REVIEW: These Rules shall be reviewed by the Council within three (3) months of a Regular Council Election . -13-