Lafayette City Council will hold closed-door meetings to discuss potential legal action against the state over a 2024 law requiring cities to allow more housing.
At a March 4 meeting, council members agreed to meet in executive session to discuss state legislation impacting local planning and zoning regulations. In particular, local officials are concerned about HB-1313, Housing in Transit-Oriented Communities. The bill requires cities of a certain size to allow more dense housing in areas served by buses, light rail or other transit.
That could result in an additional 7,000 to 30,000 homes in Lafayette, depending on how many exemptions are granted by the state. That estimate will need to be further refined, city staff said Tuesday night; a previous estimate from March 2024 was as high as 72,000 additional homes.
"They’re throwing a lot at us from the state," mayor JD Mangat. "I think we have to keep really pushing back — or working with the state — depending on how we see these bills impacting Lafayette."
In May, Lafayette’s elected officials passed a resolution opposing the law. Last month, CPR reported “officials in Westminster, Arvada, Colorado Springs, and Northglenn have at least suggested, and in some cases explicitly said, that they won’t follow some of the laws.”
“I’ve heard from various communities [that] are looking at litigation,” council member Brian Wong said, citing "quiet conversations" among officials at the Denver Regional Council of Governments (DRCOG), a cross-municipality policy and funding body for transportation.
HB-313 initially proposed to cut transportation funding for municipalities that did not comply. That was later softened. Now, cities risk losing access to affordable housing tax credits and grants.
That might be an acceptable tradeoff for residents, many of whom spoke at the meeting to say they would support whatever actions Lafayette takes to opposed the law.
“I will support all your efforts” said resident Paula Kelly, including “Lafayette joining a lawsuit.”
Also on March 4, council:
- Appointed the board to oversee the new Downtown Development Authority (DDA). Voters in the proposed district approved the DDA and associated funding in November. The board members are Faith Rodgers, owner of Little Herbal Apothecary; Genae Lako, co-owner of Public Wine; Ian Munding, whose parents own commercial property in the DDA; business and property owner Tom Hardie; Ty Hubbard from East Simpson Coffee Company; Joanna Cagan, executive director of Wow! Children’s Museum and city council member Tim Barnes.
- Approved on first reading the addition of Chapter 87 to the Code of Ordinances. In 2024 voters approved a ballot question by 62% obligating the city to engage in collective bargaining with Lafayette police officers. The city engages in collective bargaining with Lafayette firefighters; the new chapter reflects similar language for police officers.
Negotiations for a collective bargaining agreement will begin shortly.
At a Feb. 25 workshop, council heard a presentation about financing options for potential capital improvement projects, including:
- a $34 million renovation of the aquatic complex at the Bob Burger Recreation Center, built in 1990;
- a $6 million expansion and renovation of the Parks and Public Works Center, built in 1973;
- a proposed $34 million civic center on city-owned land north of the current municipal building, constructed in 1985, at South Boulder Road and S. Public Road.. The new facility would house the council chambers, the municipal court, community meeting spaces and additional office space for growing city departments.
Staff estimates a 20-year bond to cover the three projects would require a sales tax increase of .85%, raising the rate to 9.90%. Lafayette’s current sales tax of 9.055% is the highest in the region.
Instead, staff recommended a property tax increase to cover all three of the capital projects at one time: an estimated $48 per $100,000 in property value ($296 for a property worth $685,500).
Lafayette’s current mill levy is 15.873. That supports all city services: 6.5 mills go toward ambulance and fire services and general public safety. Unlike most surrounding cities, Lafayette does not have a special district mill levy for library, fire or recreation.
Community outreach, including polling, will be conducted before council decides to put the measure to voters this year or next.
Karen Norback, a community contributor, wrote reports from the Feb. 25 workshop and March 4 council discussions excluding the conversation around HB-1313. Due to Norback's advocacy around this issue, Shay Castle covered discussions of HB-1313.
This article has been updated to correctly reflect Lafayette's current sales tax rate.