Greeley City Council gives final OK to process for special district creation

By Trenton Sperry
Brushing aside calls to slow down and consider long-term consequences, the Greeley City Council on Tuesday voted 6-1 to formalize in municipal code a process for the creation of special districts within city limits.

The action moves the city closer to reviewing a nearly 500-acre special parks and recreation district for its the eastern edge. The proposal was brought to council by Richmark Companies, a real estate development and oil and gas investment firm owned by the Richardson family.

Though Tuesday’s vote, in which Ward I Councilman Tommy Butler was the lone dissent, only approved the process for special districts, the Richmark proposal was the impetus for the code change.

Greeley’s municipal code follows the model of metropolitan districts, which have a dubious reputation in Colorado. Proposals for special districts are brought before council, and city staff in numerous departments conduct a thorough review. Once that review is complete, council votes on whether to send proposals to a vote of property owners within a proposed district. Should those property owners give the OK, new taxes on property within a district are levied, and those dollars are controlled by district boards.

Butler has criticized special districts before — particularly metro districts. He has said they create an extra layer of government that rarely has to answer public concerns, and he has dismissed them as little-known and little-watched boards taking taxing authority out of the hands of government.

However, Butler did succeed Tuesday in amending the ordinance to require entities that propose special districts to mail notifications to residents within 1,000 feet. They also have to do that within 15 days of bringing their applications to council.

The next step for the Richmark parks and rec district proposal will be for the company to submit a service plan detailing their goals for a district and try to prove they have the financial means to meet it. Following a city staff review, council would then conduct public hearings before a vote.

In what was perhaps a preview of how those hearings could go, four Greeley residents spoke during public comment Tuesday, including prominent members of Greeley’s Latino community. All urged council to consider the long-term consequences of their action.

“Be careful about opening up the process on this,” said Stacy Suniga, a former councilwoman. “We had a sit-down with Adam (Frazier of Richmark), and Richmark has no housing planned for this area. We’re hoping for a further conversation with them about that. … We’re trying to protect Latinos and low-income residents in this area.”

That sentiment was echoed by former Greeley-Evans School District 6 Board member Rhonda Solis.

“Just a little bit more homework on this would be great,” Solis said. “My concern is no one approached the neighbors about this project. As people of color, we tend to have things done to us or at us, rather than engaging us and working with us. … I’m concerned opening this door will lead to further changes in this area without input from residents.

“I know there are good intentions by council, but you all may not always be the mayor or the city council. Who will be in leadership when these decisions will be made down the road?”

Jeri Shepherd, a longtime Greeley resident, also voiced displeasure at the lack of outreach by council and the developer to people in east Greeley about the potential for a massive parks and recreation district.

“Those who are most affected by things should be the most involved,” Shepherd said. “We should postpone this for a few more months to determine who will be most affected. … People who work here should be able to live here. We don’t want to end up like Boulder.”

Steve Teets said he believes districts break cities into pieces rather than serve as anchors around which communities are built, and he cautioned that Greeley desperately needs housing — especially affordable homes — before any other massive developments begin.

“We have a lot of things to think about before we jump into the lake,” he said.

But at-large Councilman Brett Payton pushed back on accusations of bringing gentrification to east Greeley. He said concerned residents want to have their cake and eat it, too, by requesting the city focus more on the east side but raising the alarm about the Richmark park proposal.

“We’re trying to create opportunity to bring investment into our community,” Payton said. “We want to invest in the east side. The goal is not to gentrify the east side. You’re saying you don’t want property values there to increase?”

But after Greeley residents voiced their concerns, Adam Frazier of Richmark said the company could have done a better job making nearby homeowners and renters aware of the company’s plans.

“I know there’s a lot of controversy about this,” Frazier said, “but I think there are a lot of opportunities around special districts in Greeley in the future.”

Ward II Councilman Deb DeBoutez seconded that notion. She said formalizing a process for special district creation paves the way, for instance, for individual neighborhoods to tax themselves to better serve their own needs.

“It’s not limited to parks and rec districts. … What we’re voting on tonight is the tool,” DeBoutez said. “I think this is a great opportunity for our community to think about what else we can do with special districts.”

Other things council did Tuesday

  • Altered the 2022 budget to include a down payment for the ShurView property, which Greeley and Windsor are seeking to convert into a nearly 1,000-acre open space and recreation area between the two communities. The two cities are working with The Trust for Public Land to purchase the property, and then The Trust will lease the land to the cities. Greeley has pledged $5 million toward the purchase, and it voted on first reading Tuesday to kick in $3 million of that ahead of a March 31 closing date. A special meeting for a final reading and public comment on the budget change has been set for March 29, so the city can get the money approved by the desired closing date.

  • Gave initial OK to a $500,000 tax incentive program agreement with Richmark Companies regarding the potential future development of the old Firestone building, 1130 8th Ave. in downtown. The Enhanced Sales Tax Incentive Program Agreement system was put in place late last year. The goal is to encourage development in Greeley by offering developers a share of sales taxes paid by businesses that inhabit redeveloped properties. In this case, Richmark would be eligible to receive $500,000 in sales taxes paid by future retail businesses in the Firestone building after a potential development. According to city documents, Richmark is eyeing a purchase of the property and facade improvements, but the developer believes there’s a $1.3 million “project feasibility gap.” In addition to the sales tax program, the Downtown Development Authority Board has approved $400,000 in funding mechanisms that would go toward the project. A final reading and public hearing on the city’s sales tax agreement will take place April 5.

  • Gave final approval to merit pay increases for Municipal Judge Mark Gonzales and City Attorney Doug Marek. Gonzales’ salary now increases 8% to $177,302.52. Marek’s salary now increases 5% to $235,111.28.

  • Gave final approval to a water rights trade with Longs Peak Dairy. A city staffer noted both staff and the dairy view the swap as a win-win.

  • Approved on first reading an ordinance to rezone about 280 acres in far west Greeley to Planned Unit Development Poudre Heights. The previous PUD on the area has expired, and developer Poudre Bay Partners is eyeing nearly 1,200 single- and multi-family housing units in the area at a density of 4.27 units per acre over 100 acres of residential. The area also would include industrial and commercial areas. The development also would reserve 50 acres for private and public open spaces and bluff preservation, plus two “pocket parks,” a city park, and an “amenity center.” The Planning Commission unanimously approved the proposal on Feb. 22. City docs do note, however, that “there are a number of plugged and abandoned (oil and gas) well sites within the proposed development that would require additional building setbacks.” The housing would be built with a metro district scheme, according to city docs. The metro district here was approved in September.

  • University of Northern Colorado President Andy Feinstein spoke with council on the state of the institution. Feinstein noted the university’s new executive vice president and provost, Dr. Kirsten Fleming, will start her job in mid-May. Fleming has spent 30 years in higher education. Feinstein also said the state bill giving UNC the nod to create a school of osteopathic medicine passed the Legislature and will be signed by Gov. Jared Polis on Thursday. Feinstein said a founding dean for the school will hopefully be in place in April.

  • At-large Councilman Ed Clark echoed the concerns of Greeley resident Steve Teets, who complained about an uptick in graffiti in Greeley and Evans. Clark asked city staff to come to council with an update on their efforts to combat graffiti.

  • Mayor John Gates proclaimed March 26, 2022, as Kiwanis Club of Greeley Day. The club is celebrating its 100th year of existence. The proclamation notes the service organization has given more than $1.5 million to the community over the past century.

  • Gates also declared March 13-19 as AmeriCorps Week. According to the proclamation, more than 200 members and senior volunteers of all ages and creeds worked at 50 locations during the past year.

  • And Gates proclaimed March 2022 as Intellectual and Developmental Disabilities Awareness Month in Greeley. The Centers for Disease Control and Prevention estimates that 1 in 6 children ages 3-17 have one or more developmental disabilities.

  • Appointed James Bailey and Jimmy Jones (incumbent) to the Citizen Transportation Advisory Board, which still has one open seat.

  • Appointed Dr. George Junne (incumbent) to the Museum Advisory Board.

  • Appointed Beth Wagner to the Judicial Review Board.

  • Appointed Phillip Taylor to the Stormwater Board, which still has one open seat.

  • Appointed Alison Hamling (incumbent), Juliet Fried and Samantha Corliss to the Union Colony Civic Center Advisory Board.

  • Appointed Luis Castillas and Shane Kigin to the Parks and Recreation Advisory Board, which still has one open seat.

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