HomeMy WebLinkAbout3-06-23 Study Session Agenda PacketSTUDY SESSION AGENDA
CITY COUNCIL
CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO March 6, 2023
6:30 pm
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Public Comment on Agenda Items
1. 2023 Colorado Legislative Session Update
2. Proposed Urban Renewal Plan Area (SW corner of I-70 and Wadsworth)
3. Staff Report(s)
4. Elected Officials’ Report(s)
Memorandum
TO: Mayor and City Council THROUGH: Patrick Goff, City Manager FROM: Marianne Schilling, Assistant City Manager
DATE: March 6, 2023 SUBJECT: 2023 Colorado Legislative Update
ISSUE: The 2023 Colorado Legislative Update will be held on Monday, March 6, 2023, 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 and priorities for the 2023 session. Senator Jessie Danielson and Representative Monica Duran will be in attendance, and
Colorado Municipal League Legislative Advocacy Manager Heather Stauffer will be available to
review legislation and answer questions. Agenda:
• 2023 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 2023 Legislative Priorities
Item No. 1
Dossier | State Bill Colorado https://statebillinfo.com/SBI/index.cfm?fuseaction=Public.Dossier&id...
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ATTACHMENT 1
Dossier | State Bill Colorado https://statebillinfo.com/SBI/index.cfm?fuseaction=Public.Dossier&id...
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Dossier | State Bill Colorado https://statebillinfo.com/SBI/index.cfm?fuseaction=Public.Dossier&id...
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Dossier | State Bill Colorado https://statebillinfo.com/SBI/index.cfm?fuseaction=Public.Dossier&id...
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Dossier | State Bill Colorado https://statebillinfo.com/SBI/index.cfm?fuseaction=Public.Dossier&id...
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COLORADO MUNICIPAL LEAGUE | 1144 SHERMAN ST., DENVER, CO 80203 | 303-831-6411 X 866-578-0936 | WWW.CML.ORG
Legislative Priorities of
Colorado Cities & Towns
KEY MUNICIPAL ISSUES FOR 2023
AFFORDABLE HOUSING
The availability and affordability of housing is of
utmost concern to Colorado’s municipalities.
CML supports an adequate supply of diverse
housing options, regardless of income level,
and continued support from state and local
governments, as well as private partnerships,
for such an effort. CML is opposed to state
preemption of local authority to adopt and en-
force zoning and land use ordinances and any
interference with home rule authority granted
by Art. XX, S. 6 of the Colorado Constitution.
BROADBAND
Voters in over 120 municipalities and 40 coun-
ties have overwhelmingly voted to exempt
themselves from the requirements of SB 05-
152. CML supports legislation freeing up rev-enue to bring fast, reliable broadband to un-
served and underserved areas of the state and
opposes legislation adding additional require-
ments and burdens on local governments en-
cumbering financing or permitting broadband
deployment.
CAPACITY BUILDING
An increase in municipal workload, combined
with staffing shortages, has impacted many
municipalities’ ability to successfully compete
for state grant opportunities. CML supports
the inclusion of direct technical and adminis-
trative assistance in existing or newly created
programs to assist municipalities in applying
for state and federal grants.
CRIMINAL JUSTICE
CML supports collaborative relationships with
the state on criminal justice issues but oppos-
es unduly prescriptive mandates on police and
court operations and procedures, as well as
expansion of local taxpayer liability. CML also
supports legislative efforts to mitigate and
manage increased rates of vehicle theft in lo-
cal communities.
ELECTIONS
CML is initiating legislation to clean up and
update portions of Title 31 municipal election
code as it relates to recall elections and pro-cedures for filling vacancies on city or town
councils. Municipal clerks should have clear
direction on procedures for Title 31 recall elec-
tions, as well as procedures for filling vacan-
cies in the event there are not enough mem-
bers of the governing body for a quorum.
REGULATED SUBSTANCES
CML supports maximum local control of
medical and recreational marijuana and oth-
er regulated substances. CML supports leg-
islation and initiatives that ensure marijuana
revenue is used to mitigate impacts, regard-
less of whether a municipality allows retail
activity, delivery, or on-site consumption.
CML will initiate or support legislation to ad-
vocate for a greater degree of local control of
the operation of natural medicine facilities in
their communities, which was a deficiency in
Proposition 122.
MUNICIPAL COURTS
CML will initiate legislation to study the feasi-
bility of municipal courts having access to the
statewide case management system, which
could create efficiencies for municipal courts,
as well as county and district courts statewide.
CML also supports the extension of the First
Appearance Grant Program, established in
2018, and supports expanding that program
to allow municipalities to receive reimburse-
ment for costs associated with HB 22-1067,
which requires municipal courts to conduct a
bond hearing for a person detained on a mu-
nicipal offense within 48 hours.
OPEN RECORDS
CML opposes undue burdens placed upon
municipal operations and unfunded mandates
borne by taxpayers revenue that would pro-
vide preferential treatment to specific entities
and overcomplicate public records access.
CML will oppose any requirement to provide
itemized estimates and receipts for Colorado
Open Records Act (CORA) requests and carv-ing out CORA fee exemptions for members of
the media or other entities.
PUBLIC SAFETY
CML supports legislation to expand the use of
automated vehicle identification systems in
local communities unless that legislation con-
tains prescriptive and burdensome require-
ments that would only deter the use of the
systems by local governments.
SUSTAINABILITY
CML supports sustainability and sustainable
solutions to meet the needs of the present
population without compromising the abili-
ty of future generations to meet their needs.
CML supports state and local partnerships to
improve waste diversion and recycling pro-
grams across the state in a manner that re-
spects local control.
TAX AUTHORITY
CML and 68 self-collecting municipalities
support efforts to simplify collection efforts
without impairing local control, including col-
lection of remote sales taxes in a manner that
complies with South Dakota vs. Wayfair. CML
supports the state in their efforts to partner
with the business community and supports
municipalities that self-collect their sales and
use taxes but opposes any efforts to under-
mine constitutional home rule authority to
set tax policy and manage tax administration
and audits. CML discourages state sales tax
exemptions that negatively impact statutory
municipalities.
TRANSPORTATION
CML supports legislation that would provide
local governments with support in enforcing
noise ordinance violations from commercial
vehicles that fail to have mufflers installed.
CML opposes “off-the-top” diversions from
the Highway Users Tax Fund (HUTF).
WILDFIRE
CML supports legislation that aims to help
municipalities recover from large-scale wild-
fires and prevent future wildfires through
proactive fire mitigation efforts. CML will
oppose legislation that does not allow mu-
nicipalities the ability to identify and im-
plement the most appropriate means of
mitigation and fire prevention for their
individual communities.ATTACHMENT 2
Colorado Municipal League
The Colorado Municipal League (CML)
is a nonprofit, nonpartisan organization
established in 1923 to represent the
interests of 270 member cities and
towns. CML can be trusted to be a
reliable source of information about
the impact of legislation on Colorado’s
municipalities and their residents.
Policies are determined by members
in CML’s Annual Policy Statement, and
positions on legislation are established
by the CML Policy Committee and the
CML Executive Board.
Local control and home rule
CML is a strong advocate for the
state’s tradition of local control and
constitutional principle of home rule,
both of which allow cities and towns
maximum 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 the League values the
partnership that exists with state
and federal officials. The citizens
who municipal officials represent are
the same as those represented by
legislators. 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.
Meet the CML advocacy team
CML employs four full-time advocates to assist in development
and communication of policies. The team closely watches proposed
legislation and works with legislators to understand municipal impacts.
Heather Stauffer
Legislative Advocacy Manager
hstauffer@cml.org
Advocacy Issues: Building codes, natural resources
& environment, elections, governmental immunity,
oil & gas, open meetings/open records, severance
tax/FML/energy impact, water & wastewater/water
quality, and wildfire.
Meghan MacKillop
Legislative & Policy Advocate
mmackillop@cml.org
Advocacy Issues: Public health, substance abuse,
affordable housing, land use & annexation, air quality,
transportation & transit, sustainability, and municipal
courts.
Mollie Steinemann
Legislative & Policy Advocate
msteinemann@cml.org
Advocacy Issues: Beer & liquor, regulated
substances, hemp, criminal justice, purchasing,
special districts, immigration, and public safety.
Jaclyn Terwey
Legislative & Policy Advocate
jterwey@cml.org
Advocacy Issues: Employment & labor, economic
development, retirement/pensions, taxation & fiscal
policy, historic preservation, lottery & gaming,
municipal debt & finance, telecom/broadband/IT, and
utilities.
COLORADO MUNICIPAL LEAGUE | 1144 SHERMAN ST., DENVER, CO 80203 | 303-831-6411 X 866-578-0936 | WWW.CML.ORG
Memorandum
TO: Mayor and City Council
THROUGH: Corey Hoffmann, Renewal Wheat Ridge Legal Counsel Patrick Goff, City Manager FROM: Steve Art, Renewal Wheat Ridge Executive Director
DATE: March 6, 2023 SUBJECT: New Urban Renewal Plan Formation
ISSUE: Staff has received interest for development of a new light industrial building on the U.S. Truck
Driving School property located at 8150 W. 48th Avenue. The City occasionally receives interest
concerning redevelopment of this parcel and the area surrounding it. The establishment of an urban renewal plan for this area would allow for the use of tax increment financing (TIF) to finance the extraordinary costs associated with redevelopment of this property including potential environmental cleanup and floodplain improvements. Staff is seeking consensus from
City Council to authorize Renewal Wheat Ridge to begin the process of creating a new urban renewal
area and plan for this 33.3-acre site just south of I-70, north of Clear Creek, east of Carr Street and west of Wadsworth Boulevard (see Attachment 1). BACKGROUND:
Colorado Revised Statutes of 1973, Section 31-25-101, allows for the organization and establishment of urban renewal authorities at the local level. The Wheat Ridge Urban Renewal Authority d/b/a Renewal Wheat Ridge (RWR) was established by City Council in 1981 to accomplish the redevelopment and rehabilitation of blighted areas in the City to provide a safer and more useful environment for their users and inhabitants; to promote improved traffic patterns
and eliminate traffic hazards; and to ensure sound social and economic growth patterns within the City. The City’s first urban renewal plan was the Wheat Ridge Town Center Project which was adopted in 1981. This plan facilitated the redevelopment of what is now the Safeway Shopping Center at 38th and Wadsworth. This plan has expired; however, the following five urban renewal plans still exist today:
• West End 38 Urban Renewal Plan, adopted 2015
• I-70/Kipling Corridors Urban Renewal Plan, adopted 2009
• Wadsworth Boulevard Corridor Redevelopment Plan, adopted 2001
• 38th Avenue Corridor Redevelopment Plan, adopted 2001
• West 44th Avenue & Ward Road Redevelopment Plan, adopted 2001
• Lutheran Legacy Campus, in process
Item No. 2
Urban renewal activities in these plan areas have included, but are not limited to, the expansion of Wheat Ridge Cyclery, Perrin’s Row townhomes, Corners at Wheat Ridge,
Town Center North, West End 38, the Parallel Apartments, Clear Creek Crossing,
redevelopment of the Walmart space, Hacienda Colorado, environmental remediation of 38th and Yukon Court property and many other improvements remediating blight conditions throughout Wheat Ridge.
TAX INCREMENT FINANCING The use of tax increment financing (TIF) is a major tool that can be used to fund projects. TIF uses net new tax revenue (potentially including property, sales and uses taxes) generated by the development to fund public improvements that are needed and support
the redevelopment. TIF redirects the incremental property taxes from all taxing entities
(including city, county, school district, and any special districts) from a new development within a defined urban renewal plan area to pay for eligible expenses including extraordinary costs for remediation and infrastructure.
FORMING A NEW URBAN RENEWAL PLAN AREA
The City has an active and engaged Urban Renewal Authority (Renewal Wheat Ridge) that has funded several projects in the recent past. RWR’s approach has been to use individual tax increment districts within urban renewal areas to fund needs of specific projects. To use TIF, RWR has to perform a conditions study for the proposed area to document site conditions to
justify the designation of an urban renewal area. Urban Renewal Law requires that an urban
renewal plan identify the presence of at least 4 of the following 11 factors that determine blight: a. slum, deteriorated or deteriorating structures; b. predominance of defective or inadequate street layout;
c. faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
d. unsanitary or unsafe conditions; e. deterioration of site or other improvements; f. unusual topography or inadequate public improvements or utilities; g. defective or unusual conditions of title that render property nonmarketable;
h. existence of conditions that endanger life or property by fire or other causes;
i. buildings that are unsafe or unhealthy for persons to live or work in; j. environmental contamination of buildings or property; and k. substantial physical underutilization or vacancy of sites, buildings, or other
improvements.
In addition, an urban renewal plan must be developed which typically contains a number of provisions including the following:
1. Identification of the boundaries and the presence of conditions of blight;
2. Identification of the purpose of the plan which is to reduce, eliminate and prevent the spread of blight and to stimulate and catalyze growth and investment within the area boundaries; 3. Conformance to other City documents including the Master Plan; 4. Identification of the types of undertakings and activities which may include public
improvements and infrastructure; and the promotion of development and redevelopment that
might not be feasible absent the adoption of an urban renewal plan; 5. Identification of potential financing mechanisms and methodology, including the use of public financing to accomplish the above tasks. Such tools may include the issuance of
bonds, notes or other obligations as defined in urban renewal law and the use of tax increment financing (TIF).
Any new urban renewal plan must be forwarded for adoption to City Council following a public hearing process that includes both the Planning Commission (for compliance with the Master Plan) and the City Council.
IMPLICATIONS OF FORMING A NEW URBAN RENEWAL PLAN AREA:
In 2015, Governor John Hickenlooper signed into law House Bill 15-1348 which went into effect on January 1, 2016. The bill amended the Urban Renewal Law statute to include several additional operational requirements for local urban renewal authorities. These new requirements only go into effect when an urban renewal authority makes a significant modification to a current
urban renewal plan or creates a new urban renewal plan. If City Council moves forward with the
creation of an urban renewal area and plan for the Lutheran Legacy Campus and/or this property (whichever is adopted first), the following operational changes will be required for Renewal Wheat Ridge:
• Three new members would be added to the RWR Board, consisting of one member appointed by the Board of County Commissioners of Jefferson County, one elected member of the Jefferson County School Board, and one Board
member of a special district selected by agreement of the special districts levying
a mill levy in the urban renewal area (The City may also appoint one other Board member to keep the Board with an odd number of members).
• RWR and the other taxing entities levying a mill levy in an urban renewal area must meet and negotiate an agreement concerning the types and limits of tax
revenues to be allocated. The agreement must address the estimated impacts of
the urban renewal plan on county or district services. There may be separate agreements with each taxing entity or a joint agreement with multiple taxing entities. Thus, an outcome of this negotiation process may be that less than all the property tax incremental revenues from taxing entities will be available for use by
RWR for redevelopment activities.
RECOMMENDATIONS: Staff is seeking consensus and direction from City Council to authorize Renewal Wheat Ridge to begin the process of creating a new urban renewal area and plan for the area including and surrounding the U.S. Truck Driving School. ATTACHMENT:
1. Proposed Urban Renewal Area Map
EXHIBIT 1