HomeMy WebLinkAboutStudy Session Agenda Packet 03-15-21STUDY SESSION AGENDA
CITY COUNCIL
CITY OF WHEAT RIDGE, COLORADO
March 15, 2021 6:30 p.m. This meeting will be conducted as a VIRTUAL MEETING. No members of the Council or City staff will be physically present at the Municipal building for this meeting; the public may not attend in person. The public may participate in these ways: 1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on March 15, 2021)
2. Virtually attend and participate in the meeting through a device or phone:
• Click here to join and provide public comment
• Or call +1-669-900-6833 with Access Code: 922 5658 4901 Passcode: 663868 3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube
Live at https://www.ci.wheatridge.co.us/view 4. Individuals who, due to technology limitations, are unable to participate in the meeting virtually (via the Zoom platform) or by calling in on the telephone may contact Danitza
Sosa, Assistant to the Mayor and City Council, at 303-235-2977 by noon on the day of the meeting. Arrangements will be made for those individuals to access City Hall during the meeting to view the meeting and provide public comment if desired. These comments will be heard and seen in real time by members of Council and City staff.
Individuals accessing City Hall must practice social distancing, wear a mask or other
facial covering and be free of COVID-19 symptoms.
Individuals with disabilities are encouraged to participate in all public meetings sponsored
by the City of Wheat Ridge. Contact the Public Information Officer at 303-235-2877 or
wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in participating in a meeting and need inclusion assistance.
Citizen Comment on Agenda Items
1. 2021 Colorado Legislative Update
2. Delegation of Private Activity Bond Cap to Foothills Regional Housing
3. Staff Report(s)
4. Elected Officials’ Report(s)
ADJOURNMENT
Item No. 1
Memorandum
TO: Mayor and City Council THROUGH: Patrick Goff, City Manager FROM: Marianne Schilling, Assistant to the City Manager
DATE: March 15, 2021 SUBJECT: 2021 Colorado Legislative Update
ISSUE: The 2021 Colorado Legislative Update will be held virtually on Monday, March 15, 2021 during
a City Council study session.
The Legislative Update is an opportunity for the City’s elected officials and staff to discuss legislative priorities, current legislation and Wheat Ridge positions/priorities for the 2021 session. Senator Jessie Danielson and Representative Monica Duran will be in attendance, and
Colorado Municipal League Legislative Advocacy Manager Meghan Dollar will be available to
review legislation and answer questions. Agenda:
• 2021 Legislative Session Preview:
o Senator Jessie Danielson
o Representative Monica Duran
• Discussion of Priority Legislative Issues: o CML
o City Council
o City Department Directors ATTACHMENTS: 1. CML Box Score of Bills
2. CML Bill List 3. 2021 Legislative Priorities
CML BOX SCORE OF SUPPORT AND OPPOSE BILLS - 2021
**Positions are of�cial unless "Policy Committee" or "CML Board" deliberation is indicated**
Bill #Staff Board/Policy
Committee
PI'd/Signed Position Calendar
Noti�cation
Short Title Sponsors Most Recent Status
HB21-1008 Heather
Stauffer
Support Monday, March 8
2021
GENERAL ORDERS -
SECOND READING
OF BILLS
(5) in house calendar.
Forest Health Project
Financing
J. Arndt (D) | M.
Catlin (R) / J.
Cooke (R) | C.
Hansen (D)
3/4/2021 House
Committee on Finance
Refer Amended to House
Committee of the Whole
HB21-1021 Beauclarine
Thomas
Support Tuesday, March 9
2021
Public & Behavioral
Health & Human
Services
1:30 p.m. Room 0112
(3) in house calendar.
Peer Support
Professionals Behavioral
Health
R. Pelton (R) | Y.
Caraveo (D)
2/16/2021 Introduced In
House - Assigned to Public
& Behavioral Health &
Human Services
HB21-1025 Heather
Stauffer
Support NOT ON CALENDAR Nonsubstantive Emails
And Open Meetings
Law
J. Arndt (D) / J.
Ginal (D)
3/4/2021 Introduced In
Senate - Assigned to State,
Veterans, & Military
Affairs
HB21-1027 Beauclarine
Thomas
Neutral NOT ON CALENDAR Continue Alcohol
Beverage Takeout And
Delivery
C. Larson (R) | D.
Roberts (D) / J.
Bridges (D) | K.
Priola (R)
3/3/2021 House
Committee on Business
Affairs & Labor Refer
Amended to Finance
HB21-1028 Meghan
Dollar
Support Wednesday, March
10 2021
Transportation &
Annual Public Report
Affordable Housing
S. Bird (D) | J. Rich
(R) / T. Story (D) |
R. Woodward (R)
2/16/2021 Introduced In
House - Assigned to
Transportation & Local
Dossier | State Bill Colorado https://statebillinfo.com/SBI/index.cfm?fuseaction=Public.Dossier&id=28744&pk=378
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ATTACHMENT 1
Local Government
1:30 p.m. Room
LSB-A
(1) in house calendar.
Government
HB21-1030 Beauclarine
Thomas
Support Friday, March 5 2021
Public & Behavioral
Health & Human
Services
Upon Adjournment
Room 0112
(1) in house calendar.
Expanding Peace
Of�cers Mental Health
Grant Program
J. McCluskie (D) |
H. McKean (R) / J.
Buckner | J. Cooke
(R)
2/16/2021 Introduced In
House - Assigned to Public
& Behavioral Health &
Human Services +
Appropriations
HB21-1034 Meghan
MacKillop
Postponed
Inde�nitely -
3/3/2021
Oppose NOT ON CALENDAR Consumer Right To Use
Natural Gas Or Propane
D. Woog 3/3/2021 House
Committee on Energy &
Environment Postpone
Inde�nitely
HB21-1045 Heather
Stauffer
Support Friday, March 5 2021
THIRD READING OF
BILLS - FINAL
PASSAGE
(1) in house calendar.
Invasive Pest Control
Administration
M. Young (D) | D.
Valdez (D) / R.
Fields (D)
3/4/2021 House Second
Reading Passed with
Amendments - Floor
HB21-1049 Meghan
Dollar
Postponed
Inde�nitely-
2/25/2021
Oppose NOT ON CALENDAR Prohibit Discrimination
Labor Union
Participation
T. Van Beber | K.
Ransom (R)
2/25/2021 House
Committee on Business
Affairs & Labor Postpone
Inde�nitely
HB21-1051 Heather
Stauffer
Support Thursday, March 11
2021
Business Affairs &
Labor
1:30 p.m. Room 0112
(2) in house calendar.
Public Information
Applicants For Public
Employment
T. Geitner (R) | S.
Bird (D)
2/16/2021 Introduced In
House - Assigned to
Business Affairs & Labor
HB21-1071 Heather
Stauffer
Support Thursday, March 11
2021
Finance
Upon Adjournment
Room 0112
(1) in house calendar.
Ranked Choice Voting In
Nonpartisan Elections
C. Kennedy (D) | J.
Arndt (D) / S.
Fenberg (D)
2/22/2021 House
Committee on State, Civic,
Military, & Veterans
Affairs Refer Amended to
Finance
Dossier | State Bill Colorado https://statebillinfo.com/SBI/index.cfm?fuseaction=Public.Dossier&id=28744&pk=378
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HB21-1097 Beauclarine
Thomas
Support Tuesday, March 9
2021
Public & Behavioral
Health & Human
Services
1:30 p.m. Room 0112
(2) in house calendar.
Establish Behavioral
Health Administration
M. Young (D) | R.
Pelton (R) / R.
Fields (D)
2/16/2021 Introduced In
House - Assigned to Public
& Behavioral Health &
Human Services
HB21-1105 Heather
Stauffer
Support Monday, March 8
2021
Finance
1:30 p.m. Room 0112
(4) in house calendar.
Low-income Utility
Payment Assistance
Contributions
C. Kennedy (D) /
C. Hansen (D)
2/16/2021 Introduced In
House - Assigned to
Finance
HB21-1109 Meghan
MacKillop
Support Thursday, March 11
2021
Finance
Upon Adjournment
Room 0112
(3) in house calendar.
Broadband Board
Changes To Expand
Broadband Service
B. Titone (D) | M.
Soper (R)
2/24/2021 House
Committee on
Transportation & Local
Government Refer
Amended to Finance
HB21-1110 Heather
Stauffer
Oppose
unless
amended
Wednesday, March
17 2021
Judiciary
1:30 p.m. Room 0107
(1) in house calendar.
Colorado Laws For
Persons With
Disabilities
D. Ortiz 2/16/2021 Introduced In
House - Assigned to
Judiciary
HB21-1111 Heather
Stauffer
Oppose Thursday, March 18
2021
House State, Civic,
Military, & Veterans
Affairs
Upon Adjournment
Room LSB-A
(1) in house calendar.
Consent Collection
Personal Information
H. McKean (R) 2/16/2021 Introduced In
House - Assigned to State,
Civic, Military, & Veterans
Affairs + Finance
HB21-1117 Meghan
Dollar
Support Wednesday, March
10 2021
Transportation &
Local Government
1:30 p.m. Room
LSB-A
(3) in house calendar.
Local Government
Authority Promote
Affordable Housing
Units
S. Lontine (D) | S.
Gonzales-
Gutierrez (D) / J.
Gonzales (D) | R.
Rodriguez (D)
2/16/2021 Introduced In
House - Assigned to
Transportation & Local
Government
Dossier | State Bill Colorado https://statebillinfo.com/SBI/index.cfm?fuseaction=Public.Dossier&id=28744&pk=378
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HB21-1127 Meghan
MacKillop
Oppose Tuesday, March 16
2021
Transportation &
Local Government
1:30 p.m. Room
LSB-A
(3) in house calendar.
County General Fund
Money For Roads And
Bridges
A. Pico 2/19/2021 Introduced In
House - Assigned to
Transportation & Local
Government + Finance
HB21-1162 Meghan
MacKillop
Support Thursday, March 11
2021
Energy &
Environment
1:30 p.m. Room
LSB-A
(3) in house calendar.
Management Of Plastic
Products
A. Valdez (D) | L.
Cutter (D) / J.
Gonzales (D)
3/3/2021 Introduced In
House - Assigned to
Energy & Environment +
Finance
HB21-1168 Beauclarine
Thomas
Oppose
Unless
Amended
NOT ON CALENDAR Historically
Underutilized
Businesses Local
Government
Procurement
J. Bacon | N. Ricks
/ C. Kolker
3/4/2021 Introduced In
House - Assigned to
Transportation & Local
Government
HJR21-1002 Heather
Stauffer
Support NOT ON CALENDAR Water Projects
Eligibility Lists
J. Arndt (D) / K.
Donovan (D)
3/4/2021 Senate
Committee on Agriculture
& Natural Resources
Refer Unamended to
Senate Committee of the
Whole
SB21-031 Meghan
Dollar
Oppose
unless
amended
NOT ON CALENDAR Limits On Governmental
Responses To Protests
J. Bridges (D) / L.
Cutter (D)
2/16/2021 Introduced In
Senate - Assigned to
Judiciary
SB21-034 Heather
Stauffer
Oppose Thursday, March 11
2021
SENATE
AGRICULTURE &
NATURAL
RESOURCES
COMMITTEE
1:30 PM SCR 352
(1) in senate
calendar.
Water Resource
Financing Enterprise
D. Coram (R) 2/16/2021 Introduced In
Senate - Assigned to
Agriculture & Natural
Resources
Dossier | State Bill Colorado https://statebillinfo.com/SBI/index.cfm?fuseaction=Public.Dossier&id=28744&pk=378
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SB21-054 Heather
Stauffer
Support Friday, March 5 2021
THIRD READING OF
BILLS - FINAL
PASSAGE
(19) in house
calendar.
Transfers For Wild�re
Mitigation And
Response
C. Hansen (D) | B.
Rankin (R) / J.
McCluskie (D)
3/4/2021 House Second
Reading Passed - No
Amendments
SB21-060 Meghan
MacKillop
Support, if
amended
NOT ON CALENDAR Expand Broadband
Service
K. Donovan (D) /
D. Roberts (D)
2/16/2021 Introduced In
Senate - Assigned to
Business, Labor, &
Technology
SB21-062 Meghan
Dollar
Oppose
unless
amended
NOT ON CALENDAR Jail Population
Management Tools
P. Lee (D) / A.
Benavidez (D)
3/4/2021 Senate
Committee on Judiciary
Refer Amended to
Appropriations
SB21-064 Meghan
Dollar
Support Thursday, March 18
2021
SENATE JUDICIARY
COMMITTEE
1:30 PM Old
Supreme Court
(1) in senate
calendar.
Retaliation Against An
Elected Of�cial
L. Garcia (D) | J.
Cooke (R) / K.
Mullica (D)
2/16/2021 Introduced In
Senate - Assigned to
Judiciary + Appropriations
SB21-082 Beauclarine
Thomas
Oppose
unless
amended
Monday, March 8
2021
SENATE FINANCE
COMMITTEE
1:30 PM Old
Supreme Court
(4) in senate
calendar.
Alcohol Beverage
Festival For Tastings
And Sales
K. Priola (R) | B.
Pettersen (D) / K.
Mullica (D)
3/1/2021 Senate
Committee on Business,
Labor, & Technology Refer
Amended to Finance
SB21-084 Meghan
MacKillop
Support Tuesday, March 9
2021
SENATE LOCAL
GOVERNMENT
COMMITTEE
2:00 PM SCR 352
(1) in senate
calendar.
Local Government
Authority Roughed-in
Roads
J. Smallwood (R) /
M. Gray (D)
2/16/2021 Introduced In
Senate - Assigned to Local
Government
SB21-086 Beauclarine
Thomas
Oppose
Unless
Amended
NOT ON CALENDAR Beer Delivery By Third-
party Services
L. Liston / T.
Geitner (R)
2/16/2021 Introduced In
Senate - Assigned to
Business, Labor, &
Technology
Dossier | State Bill Colorado https://statebillinfo.com/SBI/index.cfm?fuseaction=Public.Dossier&id=28744&pk=378
5 of 6 03/05/2021, 10:13 AM
SB21-088 Heather
Stauffer
Oppose
unless
amended
Thursday, March 11
2021
SENATE JUDICIARY
COMMITTEE
1:30 PM Old
Supreme Court
(1) in senate
calendar.
Child Sexual Abuse
Accountability Act
J. Danielson (D) |
R. Fields (D) / D.
Michaelson Jenet
(D) | M. Soper (R)
2/16/2021 Introduced In
Senate - Assigned to
Judiciary
SB21-110 Meghan
MacKillop
Support Friday, March 5 2021
THIRD READING OF
BILLS - FINAL
PASSAGE
(24) in house
calendar.
Fund Safe Revitalization
Of Main Streets
R. Zenzinger (D) |
K. Priola (R) / L.
Herod (D) | T.
Exum (D)
3/4/2021 House Second
Reading Passed - No
Amendments
SB21-113 Heather
Stauffer
Support Friday, March 5 2021
THIRD READING OF
BILLS - FINAL
PASSAGE
(26) in house
calendar.
Fire�ghting Aircraft
Wild�re Mgmt And
Response
S. Fenberg (D) | B.
Rankin (R) / J.
McCluskie (D) | M.
Lynch
3/4/2021 House Second
Reading Passed - No
Amendments
SB21-122 Beauclarine
Thomas
Support Wednesday, March
10 2021
SENATE HEALTH
AND HUMAN
SERVICES
COMMITTEE
1:30 PM SCR 357
(2) in senate
calendar.
Opiate Antagonist Bulk
Purchase And Standing
Orders
J. Ginal (D) / M.
Froelich (D)
2/23/2021 Introduced In
Senate - Assigned to
Health & Human Services
SB21-136 Heather
Stauffer
Support NOT ON CALENDAR Sunset Forest Health
Advisory Council
J. Ginal (D) | D.
Coram (R)
3/1/2021 Introduced In
Senate - Assigned to
Agriculture & Natural
Resources
SB21-166 Heather
Stauffer
Support NOT ON CALENDAR Colorado Fire
Commission
Recommendations
B. Rankin (R) | S.
Fenberg (D) / J.
McCluskie (D) | P.
Will (R)
3/2/2021 Introduced In
Senate - Assigned to
Agriculture & Natural
Resources
Dossier | State Bill Colorado https://statebillinfo.com/SBI/index.cfm?fuseaction=Public.Dossier&id=28744&pk=378
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In This Section
CML Bill List
Affordable Housing - Inclusionary Zoning to Include
Rental Development
January 12, 2021
CML is again running priority legislation to allow local
governments to utilize inclusionary zoning policies to
increase the supply of affordable housing.
CML Bill List
Home >Advocacy & Legal >Statehouse Report >CML Bill List
CML boxscore of support and oppose bills
CML-followed house bills
CML-followed senate bills
About CML Job Board Store CML Member Directory
Login Search
Advocacy & Legal Networking & Events Education & Training Publications & News Topics & Key Issues
CML Bill List | CML https://www.cml.org/home/advocacy-legal/statehouse-report/cml-bill-list
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ATTACHMENT 2
Beer and Liquor- Alcohol Beverage Festival For
Tastings And Sales
February 22, 2021
This bill concerns the authorization for certain alcohol
beverage license holders to hold festivals for alcohol
beverage retail activity.
Beer and Liquor- Beer Delivery By Third-party
Services
February 22, 2021
This bill allows third-party delivery of fermented malt
beverages
Building Codes - Updating Modular Homes Statues
January 12, 2021
This is an analysis of a potential bill to update the
modular homes statute.
Criminal Justice - Expanding Peace Of�cers Mental
Health Grant Program
February 22, 2021
This bill expands the Peace Of�cers Mental Health
Support Grant Program to include community
CML Bill List | CML https://www.cml.org/home/advocacy-legal/statehouse-report/cml-bill-list
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partnerships.
Criminal Justice - Increased Penalties for Threats
Against Elected Of�cials
February 22, 2021
This bill creates increased penalties for threats and
harassment against elected of�cials.
Criminal Justice - Jail Depopulation Management
Tools
February 22, 2021
This legislation creates new arrest standards and sets
different thresholds for monetary bond.
Criminal Justice - Local Government Response to
Protests
February 22, 2021
This bill addresses local government responses to
protests
Elections - Ranked Choice Voting In Nonpartisan
Elections
March 1, 2021
Concerning the use of ranked choice voting in
CML Bill List | CML https://www.cml.org/home/advocacy-legal/statehouse-report/cml-bill-list
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nonpartisan elections.
Elections - Recall Election Statute Cleanup
January 12, 2021
A cleanup bill for statutes related to Title 1 and Title 31
recall elections.
Employment and Labor - Prohibition on
Discrimination of Employees Based on Labor
Participation
February 22, 2021
This bill prohibits an employer from discriminating
against an employee based on union participation.
Lottery and Gaming - Lottery Reimagined for
Bene�ciaries
February 22, 2021
This article is about a Joint Budget Committee decision
item to expand the use of video monitor gaming devices
statewide.
Marijuana - Codifying Marijuana Executive Orders
January 12, 2021
CML Bill List | CML https://www.cml.org/home/advocacy-legal/statehouse-report/cml-bill-list
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This bill will codify the marijuana Executive Orders
related to COVID-19.
Marijuana - Potential Changes to Medical Marijuana
Statutes
January 12, 2021
This is an a review of two potential legislation regarding
medical and recreational marijuana.
Natural Resources & Environment- Invasive Pest
Control Administration
February 22, 2021
This bill concerns the Department of Agriculture's
authority to control pests.
Open Meeting/ Open Records - Colorado Laws for
Persons With Disabilities
February 22, 2021
The bill adds language to relevant Colorado statutes
related to persons with disabilities, and adding a civil
penalty for governmental entities who fail to
substantially comply with web content accessibility
guidelines established and published by an
international consortium.
CML Bill List | CML https://www.cml.org/home/advocacy-legal/statehouse-report/cml-bill-list
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Open Meeting/ Open Records - Consent Collection
Personal Information
February 22, 2021
The bill concerns the possession of certain personal
information by governmental entities.
Open Meetings/ Open Records - Nonsubstantive
Emails & Open Meetings Law
January 12, 2021
This bill concerns a clari�cation under the Colorado
Open Meetings Law of the requirements governing
communication by electronic mail that does not relate
to the substance of public business.
Open Meetings/ Open Records - Public Information
Applicants For Public Employment
February 22, 2021
This bill concerns publicly available information about
applicants for public employment.
Public Health - Establish Behavioral Health
Administration
March 1, 2021
This bill requires the Department of Human Services to
CML Bill List | CML https://www.cml.org/home/advocacy-legal/statehouse-report/cml-bill-list
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develop a plan for the creation of the Behavioral Health Administration ,
and to establish the BHA with speci�ed duties by July 1, 2022.
Public Health - Opiate Antagonist Bulk Purchase And
Standing Orders
March 1, 2021
This bill allows local governments, harm reduction
organizations, law enforcement agencies, or �rst
responders to purchase bulk orders of opiate
antagonists.
Public Safety - Fire�ghting Aircraft Wild�re
Management And Response
March 1, 2021
This legislation concerns state funding of �re�ghting
aircraft to respond to wild�res.
Public Safety - Forest Health Project Financing
January 12, 2021
The bill clari�es legal authority for intergovernmental
authorities to accomplish �re mitigation and forest
improvement projects.
Public Safety - Nurse Intake of 911 Calls Grant
Program
CML Bill List | CML https://www.cml.org/home/advocacy-legal/statehouse-report/cml-bill-list
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February 22, 2021
This bill creates a pilot program to help �nance the use
of nurse intake of 911 calls.
Public Safety - Transfers for Wild�re Mitigation and
Response
February 22, 2021
The bill transfers funds from the general fund to cash
funds to be used to address wildland �res, and, in
connection therewith, making an appropriation.
Sustainability - Consumer Right to Use Natural Gas or
Propane
February 22, 2021
This bill would invalidate state and local policies limiting
the use of natural gas or propane.
Sustainability - Energy Performance for Buildings
February 22, 2021
This legislation creates a statewide energy
performance benchmarking program to improve
ef�ciency of large commercial properties.
Sustainability - Management of Plastic Products
CML Bill List | CML https://www.cml.org/home/advocacy-legal/statehouse-report/cml-bill-list
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February 22, 2021
This bill making sweeping changes in the management
of plastics.
Telecommunications - Broadband Board Changes to
Expand Broadband Service
February 22, 2021
This bill makes changes to the Broadband Deployment
Board in order to expand broadband service in
unserved areas.
Telecommunications - Expand Broadband Service
February 22, 2021
This bill makes changes to the Broadband Deployment
Board to expand broadband service to unserved areas.
Transportation - County General Fund Money for
Roads and Bridges
February 22, 2021
This bill eliminates existing prohibitions on counties
appropriating general fund money to fund roads and
bridges.
CML Bill List | CML https://www.cml.org/home/advocacy-legal/statehouse-report/cml-bill-list
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Transportation - Local Government Authority
Roughed-in Roads
February 22, 2021
This bill allows local governments to prohibit the
operation of motor vehicles on roughed-in roads.
Utilities - Public Utility Commission Study on
Community Choice Energy
February 22, 2021
This legislation create a feasibility study on the
concepts of “community choice energy” (CCE).
Water - Low-income Utility Payment Assistance
Contributions
February 22, 2021
The bill concerns utility customers' �nancial
contributions for low-income utility assistance.
Water - Water Resource Financing Enterprise
February 22, 2021
The bill creates an enterprise that is exempt from the
requirements of section 20 of article 10 of the state
constitution to administer a fee-based water resources
�nancing program.
CML Bill List | CML https://www.cml.org/home/advocacy-legal/statehouse-report/cml-bill-list
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ATTACHMENT 3
Item No. 2
Memorandum
TO: Mayor and City Council
FROM: Patrick Goff, City Manager DATE: March 10, 2021 (for March 15, 2021 Study Session) SUBJECT: Delegation of Private Activity Bond Cap to Foothills Regional Housing
ISSUE:
The City of Wheat Ridge has received an allocation of $1,733,069 for the purpose of issuing Private Activity Bonds (PABs) in 2021 under the state ceiling imposed by the Tax Reform Act of 1987. Staff recommends assigning approximately $450,000 of the City’s allocation to Jefferson County Housing Authority d/b/a Foothills Regional Housing (FRH) which has agreed to issue
PABs for the Allison Village redevelopment project in Arvada. Allison Village will be an
affordable 100-unit, transit-oriented, environmentally sustainable community for youth, veterans and other low-income residents. The remaining allocation will be reserved for future affordable projects in Wheat Ridge, Jefferson County or Colorado.
PRIOR ACTION:
The City of Wheat Ridge has traditionally assigned the City’s PAB allocation to either the Colorado Housing and Finance Authority (CHFA) or the Metro Mayors Caucus for single family mortgage revenue bonds. The last allocation assignment was approved in 2011 to CHFA. Since 2011, neither CHFA nor the Metro Mayors Caucus were accepting applications for allocations
because of the decline in the financial markets and the impact that has had on investor interest in
PAB. Between 2012 and 2018, the City’s allocation was relinquished to the statewide balance for distribution to applicants by the Department of Local Affairs. City Council assigned the City’s 2019 and 2020 PAB cap to FRH for the Caesar Square
Apartments project.
FINANCIAL IMPACT: There is no direct financial impact to the City of Wheat Ridge. However, injecting PAB capital into the community has a direct impact on real estate, construction, and financial markets by
stimulating economic activity and jobs.
BACKGROUND: PABs are tax exempt bonds designed to offer low-cost financing to private sector borrowers for projects that create jobs and expand the tax bases of local communities. PABs may be used to
finance a broad array of community development projects including housing, manufacturing,
higher education, infrastructure, and environmental projects. The bonding authority which allows the issuance of PABs is Volume Cap, created under the federal Tax Reform Act of 1986. The federal government allocates a maximum amount of Volume Cap use to each state annually,
Delegation of Private Activity Bond Cap Page 2 based on population. Per Colorado statute, the Department of Local Affairs (DOLA) administers the state’s allocation
of Volume Cap. Under the statute, 50 percent of Colorado’s allocation is given to five statewide authorities, with DOLA deciding the proportional allocation of each. As a political subdivision of the state and an authority, CHFA is eligible to receive an allocation of Volume Cap, which it uses to issue tax exempt bonds throughout Colorado. CHFA uses its
annual allocation to issue tax exempt bonds for single family mortgages, multifamily rental developments, manufacturers, and mortgage credit certificates. The remaining 50 percent of annual Volume Cap is allocated to local issuing authorities. A local issuing authority consists of “any city, town, county, or city and county which has a population
in any year which would result in the local issuing authority having any allocation of the state ceiling in excess of one million dollars” (CRS 24-32-1702-8). After allocating Volume Cap to local issuing authorities, any remaining balance becomes available by application to the statewide balance.
RECOMMENDATIONS:
Staff recommends assigning the City’s PAB allocation to Foothills Regional Housing for the Allison Village redevelopment project in Arvada and future affordable projects in Wheat Ridge, Jefferson County or Colorado.
ATTACHMENTS:
1. Memo from FRH 2. Assignment Resolution 3. PAB Allocation letter from DOLA
7490 West 45th Avenue, Wheat Ridge, CO 80033 ∙ Phone: 303.422.8600 ∙ Fax: 303.422.3229
Admin. Fax 720.974.5808 Colorado Relay 711 ∙ Web: www.jcha.org
ATTACHMENT 1
February 14, 2021
Patrick Goff, City Manager
City of Wheat Ridge
7500 W 29th Ave
Wheat Ridge, CO 80033
RE: Request for 2021 Private Activity Bond Cap to Support Affordable Housing
Dear Mr. Goff,
The Jefferson County Housing Authority d/b/a Foothills Regional Housing (FRH) is the housing authority
serving Colorado’s 774 square mile Jefferson County. FRH provides housing opportunities including
affordable apartments, rental assistance vouchers, emergency home repairs, housing navigation, new
development and redevelopment in both incorporated and unincorporated areas of Jefferson County.
Our mission is to create vibrant, stable communities in areas of opportunity, via bold and strategic
initiatives, and to provide families and individuals with housing options driven by compassion and
respect throughout Jefferson County. FRH’s portfolio includes 20 rental properties with 1200+ units.
Our mission is not achievable without the partnership of entities such as the City of Wheat Ridge.
Allison Village is a redevelopment project consisting of new construction of 100-units serving 30% to 70%
AMI that will replace an existing 37-unit community constructed in 1980, which is currently functionally
obsolete. FRH has identified Allison Village as one of the properties in our portfolio with a significant need
for reinvestment. FRH has received an award of federal 4% Low-Income Housing Tax Credits (LIHTC),
state Affordable Housing Tax Credits, and Private Activity Bonds to fund approximately $36M in
redevelopment/new construction investment and has secured equity and debt partners for placement
of these resources. Former residents of the original 37 units received tenant protection vouchers to
provide them ongoing rental assistance and the existing Section 8 rental assistance contract was
transferred to another FRH senior citizen, low income property, so no affordability was lost in Jefferson
County and a true net of 100 new affordable units is being created. The proposed multifamily building is
wood framed, four stories over podium parking. The walls are literally being built in Jefferson County, at
a prefabrication factory in Golden. It bears noting that the majority of the revenue generated from the
construction and operations of Allison Village stays in Jefferson County, as the general contractor, design
firm, property management team, and other firms engaged in the project reside in the metro area.
The site is located near Olde Town Arvada, is in a walkable neighborhood, and is a 10-minute walk to the
nearest RTD G Line transit station, while also remaining accessible to I-70. FRH is working in collaboration
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with the City of Arvada planning department and adjacent property owners to design and construct trail
improvements that will provide a link from the Allison Village site through the Water Tower Promenade
to Olde Town Arvada. The scope of the new construction will incorporate energy efficient design
(Enterprise Green Communities and U.S. Department of Energy Zero Energy Ready Homes certified),
community space, urban parks, and two second floor terraces. This community will include approximately
30 units with a preference for youth transitioning out of foster care with services provided by partners
such as Jefferson County Human Services Department, Court Appointed Special Advocates (CASA) of
Jefferson/Gilpin Counties, Stride, and Red Rocks Community College. Nine (9) units will have a preference
for veterans. Additionally, a small commercial space will be home to a job training facility and other
service spaces benefiting our residents. FRH Housing Choice Vouchers will be project based at 39 units,
allowing low income residents to pay approximately 30% of their income for rent.
To meet the federal requirements of the 4% LIHTC that will finance these reinvestments, FRH requests
that the City of Wheat Ridge assign the entirety ($1,733,069) of its 2021 Private Activity Bond (PAB) cap
to FRH. FRH has also requested and received assignments of PAB cap from Golden, Arvada and Jefferson
County in an effort to reach the necessary total. Additionally, FRH is itself contributing $4 million towards
the redevelopment by deferring developer fee and a land carryback as construction capital sources. The
remaining developer fee netted by FRH will be used as leverage to expand the organization’s portfolio of
affordable housing and to stabilize existing properties throughout Jefferson County.
The city’s support of this project will directly benefit the local economy in generating over $22M in
construction costs alone, including many job creation opportunities. This reinvestment will allow FRH to
secure affordability and increase housing supply by building 100 new Transit-Oriented, environmentally
sustainable units at Allison Village. By doing so, we will create a long-term, high quality affordable asset
that will serve as a welcoming place to call home for lower-income Jefferson County residents for
decades to come.
FRH is authorized under the relevant statutes, cited in the attached Assignment Resolution, to issue
housing revenue bonds as private activity bonds for this or other (third party) qualifying “projects”
within the statutory definition and agrees to pay all legal costs and meet all requirements of state and
federal statutes related to this assignment and any subsequent carryforward. FRH anticipates a need for
approximately $450k of 2021 Wheat Ridge PAB to complete the Allison Village project as described
herein. FRH agrees to handle the issuance, assignment, and carryforward of any excess bond cap not
utilized in a timely manner to finance Allison Village by assigning it other qualifying projects with a
sequential preference for affordable FRH portfolio projects, City of Wheat Ridge affordable projects,
Metro Denver area affordable projects, and finally Colorado affordable projects.
We look forward to the opportunity to present this request to Wheat Ridge City Council.
Sincerely,
Amy Case
Chief Financial Officer
4839-5845-6795.2 ATTACHMENT 2
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. __________
Series of 2021
A RESOLUTION APPROVING THE ASSIGNMENT TO THE JEFFERSON COUNTY HOUSING AUTHORITY D/B/A FOOTHILLS REGIONAL HOUSING OF $1,733,069 OF THE CITY OF WHEAT RIDGE, COLORADO’S 2021 PRIVATE ACTIVITY BOND VOLUME CAP ALLOCATION FROM THE
STATE CEILING FOR PRIVATE ACTIVITY BONDS; AND AUTHORIZING
THE EXECUTION AND DELIVERY OF AN ASSIGNMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH.
WHEREAS, the City of Wheat Ridge, Colorado (the “City”) has been awarded on January 1, 2021 $1,733,069 (the “2021 Allocation”) of the bond ceiling for the State of Colorado
(the “State”) and its issuing authorities pursuant to the Colorado Private Activity Bond Ceiling
Allocation Act, constituting Part 17 of Article 32 of Title 24, Colorado Revised Statutes, as amended (the “Allocation Act”), for use in the issuance of private activity bonds; and
WHEREAS, the Allocation Act provides for the assignment of bond allocations between “issuing authorities” (as defined in the Allocation Act) of the State; and
WHEREAS, the Jefferson County Housing Authority d/b/a Foothills Regional Housing
(the “Assignee”) is authorized to issue housing revenue bonds constituting private activity bonds pursuant to Part 5 of Article 4 of Title 29, Colorado Revised Statutes, as amended (the “Act”) and the Supplemental Public Securities Act, Part 2, Article 57, Title 11 of the Colorado Revised Statutes, as amended, (the “Supplemental Act”); and
WHEREAS, the City desires to assign and transfer to the Assignee all of the City’s 2021
Allocation, which the City and the Assignee will commit and reserve for the issuance of such private activity bonds; and
WHEREAS, the City and the Assignee intend that the 2021 Allocation be utilized for the purpose of assisting in the financing of “projects” within the meaning of Title 29, Article 4, Part
5, Colorado Revised Statutes, as amended, in Jefferson County, Colorado (the “Project”); and
WHEREAS, it is necessary to evidence such assignment and transfer and the acceptance thereof by the execution and delivery by the City of an Assignment, dated as of _________, 2021 (the “Assignment”), by and between the City and the Assignee; and
WHEREAS, the Assignee proposes to issue its housing revenue bonds pursuant to the Act
and the Supplemental Act, to finance “projects” under the Act (the “Project”);
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WHEAT RIDGE, COLORADO THAT:
Section 1. In order to finance the Project, the City hereby (i) assigns and transfers to the Assignee an amount equal to the 2021 Allocation and (ii) approves, and authorizes and directs
the Mayor or City Manager of the City, or in the absence of the Mayor or the City Manager, any
2
4839-5845-6795.2
other council member of the City Council (the “City Council”), to execute and deliver and the City Clerk to attest and deliver, the Assignment in substantially the form presented to the City Council,
with such changes, not inconsistent herewith, as are approved by the person executing the
Assignment (whose execution thereof shall constitute conclusive evidence of such approval). A copy of the proposed Assignment is on file in the office of the City Clerk and is available for inspection by the public.
Section 2. The Mayor or the City Manager of the City or any other member of the City
Council and all appropriate City officers are hereby authorized and directed to execute and deliver
and the City Clerk is hereby authorized and directed to attest and deliver such other agreements and certificates and to take such other actions as may be necessary or convenient to carry out and give effect to the Assignment and this Resolution.
Section 3. All actions not inconsistent with the provisions of this Resolution heretofore
taken by the City Council and the officers of the City directed toward the assignment of the 2021
Allocation and the authorization of the Assignment hereby are ratified, approved, and confirmed.
Section 4. Nothing contained in this Resolution or the Assignment shall constitute a debt, indebtedness or multiple-fiscal year direct or indirect debt or other financial obligation of the City within the meaning of the Constitution or statutes of the State or the home rule charter of any
political subdivision thereof, nor give rise to a pecuniary liability of the City or a charge against
its general credit or taxing powers.
Section 5. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect any of the remaining provisions of this
Resolution.
Section 6. This Resolution shall be in full force and effect upon its passage and approval.
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4839-5845-6795.2
INTRODUCED, READ, PASSED AND ADOPTED this ____ day of ______, 2021.
CITY OF WHEAT RIDGE, COLORADO
Bud Starker, Mayor
[SEAL]
ATTEST:
Steve Kirkpatrick, City Clerk
January 12, 2021
Patrick Goff
City Manager
City of Wheat Ridge
7500 West 29th Ave.
Wheat Ridge, CO 80033
Re: Private Activity Bond Allocation of $1,733,069
Dear Mr. Goff:
I hereby certify that the above amount will be allocated to the respective local government for the purpose of issuing
Private Activity Bonds (PAB) in 2021 under the state ceiling imposed by the Internal Revenue Code of 1986, as amended.
In accordance with the provisions of C.R.S. 24-32-1709.5, a fee on bonds issued is due to DOLA for the portion of each issuance
that originated from a direct allocation. The amount of this fee is subject to revision, but is currently 0.027% of bonds issued.
This fee is also due within five working days of the bond closing. In the event that the full allocation amount is not issued,
or the fee rate changes, the fee will be recalculated to reflect the actual amount issued and the rate in effect at the time of closing.
If you have any questions, please contact Andrew Paredes at (303) 864-7822 or andrew.paredes@state.co.us.
Sincerely,
Rick M. Garcia
Executive Director
ATTACHMENT 3