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Home My WebLink AboutMinutes - Legislative Review Committee - 02/03/2009 -City Manager’s Office City of City Hall300LaPorte Ave.Fort CoLLins _________________970.221.6505 970.224.8107 -fax fcgov.com Legislative Review Committee Meeting Minutes February 3,2009 Information learned after the meeting is noted in italics. Present Doug Hutchinson,Kelly Ohison,Ben Manvel,Darin Atteberry,Steve Roy, Wendy Williams,Tess Heffernan The meeting was called to order at 4:00 p.m. Minutes of the January 20,26 and 27,2009 LRC meetings were approved.Discussion ensu d on he following bills: SBIO8 “FASTER” o Governor R.itter’s transportation funding bill;Tess Heffernan provided a handout with details.The bill is on a fast track.It passed Senate Appropriations today. o VMT now called MBR —Mileage Based Revenue o Supports transit,multi-modal ($1 OM statewide for transit) o Fort Collins’estimated increase =$921,529 as proposed o Position:support HB1O7O Lands Prohibited from URAs (Fischer) o Steve Roy provided an update on the latest conversations between the City,Randy Fischer and CML.Steve explained to Randy how the bill might be amended so that it would be acceptable to the City,and Randy noted he would talk to his other constituents and get back to Steve. Two primary concerns remain for the City: 1.Any taxing entity could require the URA and City to go into arbitration over any kind of alleged flaw in the process 2.No ag land and no vacant land of whatever size could be included in a URA unless it was a brownfield site,was previously developed,or all entities agree. There are many areas in Fort Collins that would fall into this category. After further discussion the Committee decided to take a position of support if these two areas of concern are addressed.There needs to be some way to allow for ag or vacant land within the city limits of Fort Collins,and the existing arbitration statute should remain as is (vs.as proposed in this bill.) Steve will convey this decision to Randy Ben Manvel will testify at the Local Government hearing,scheduled for February ~ in room 0111 upon adjournment (approx 9:30 or later).Ben will emphasize how the current law is being abused and the need for change. 0 0 fiB 1005 Colorado Innovation Investment Tax Credit (Kefaias) o Creates the Colorado innovation investment tax credit for an equity investment in a qualified small business that is in the aerospace,bioscience,clean energy,or information technology industry. o Passed Bus Affairs &Labor Committee 8 3.Goes to Finance tomorrow. o The bill was laid over following the hearing at Rep Kefalas’request,in order to further amend it in order to address concerns. o Position:support SB 75 Low Speed Elec Self Propelled Vehicles (Marostica) o Authorizes the operation of low-speed electric vehicles (NEVs)on roads with a speed limit of 35 miles per hour or less.City owns NEVs they are unable to use;Police still concerned about safety. o Position:neutral SB 143 Camera Radar (Bacon,Hullinghorst &Fischer) o This bill is being led by Fort Collins and expands the use of camera radar to speed zones of 50mph or less.It also raises the fine from $40 to $75. o Tess and Steve discussed an amendment needed to clarify the wording on the section specifying the 50mph speed limit. o Tess explained that Bob Bacon would like to amend the bill to state that the fine could only cover the cost of the camera radar.Bob wishes to address the ongoing concern that camera radar is a “money make?’for communities.After discussion, Committee members decided that rather than alter the fine as proposed,the state statute could be amended to add the requirement that any revenues from camera radar must be applied to traffic enforcement and safety,as currently required in our local ordinance.Tess will discuss this alternative with Senator Bacon. o As a backup to this proposal the Committee agreed to leave the fine at the current $40 level. o Update following meeting:scheduled for Transportation Committee hearing on Thursday,February 12. SB 3 Motor Vehicle Emissions Programs (Bacon &Fischer) o Beginning in 2010 moves Weld and Larimer counties from the basic emissions program of the automobile inspection and readjustment program to the enhanced emissions program. o The Larimer County Commissioners today changed their position from support to oppose.Weld County opposes the bill. o The hearing has been delayed (it was originally set for February 5). o AQAB has reviewed and recommends support. o Position:support SB 95 Construction Contract Prompt Pay o Ft Collins has standard contract language which protects both the City and Contractors.This bill would require a complete rewrite of that language.It would make it more difficult to manage projects.Time frames demanded in the legislation r r may make ensuring construction was done properly impossible before payment must be made.The retainage provisions are also troubling,requiring that no retainage be withheld from sub-contractors who satisfactorily complete their work.The problem this bill is trying to address does not exist in the vast majority of local governments. o Position:oppose o The bill passed State Affairs Committee 3-2 on February 9th• SB 142 Annexation of Rights of Way (Toctrop) Requires that a municipality annexes the entire portion of a right of way where a p Ion of an area to be annexed adjoins the right of way. SB 145 Automatic Suspension Condemn Proceedings Requires proceedings seeking condemnation of property to be automatically su’pended until the completion of a specified period (180 days)starting with the publication of the notice of intent to condemn property. Position:oppose SB 99 State Procurement Supplier Databases Would allow the State Purchasing department to develop a fee for vendors who have state cooperative agreements.This is similar to other cooperative agreement such as US Communities.The City buys from these agreements and the prices are low enough that the built in fee is not a problem.City Purchasing has no problem with the State imposing such a fee built into their cooperative agreement.We do have a problem with a provision to charge LOCAL PUBLIC PROCUREMENT UNITS an additional fee. Position:Recommend that the reference to Local Governments be removed.If not removed,oppose. TI e bill passed State Affairs Committee 3-2 on February 0. A brief update was provided on the following bills: HB1 142 Election of Water Conservancy District Electors (Fischer &Bacon) Changes the number of signatures needed to hold an election for a director of a water conservancy district;eliminates the requirement that an elected director own real property.Similar legislation has failed in past years. o Killed in Committee 12-1 SB 83 Limits Pub Resources Pol Process o Re:public resources used for political campaigns. o Killed in Committee “Qwest Bill” o A bill is expected that will require that Qwest/telecoms be paid if forced relocate their utilities in public ROW.We can help fight this by providing estimates of the cost to taxpayers if City has to assume relocation costs. 0 0 Collective Bargaining o Bill has yet been introduced,but is still possible.Some sources say the Governor has indicated he’d veto it. RB 1094 Cell Phone Prohibitions for Drivers o Prohibits drivers under 18,school bus drivers,and carriers regulated by the PUC from using cell phones while the vehicle is in motion.Otherwise,permits use of a cell phone with a hands-free accessory. o Committee hearing Tuesday o Passed in Committee 8-2 RB 1114 Devolve State Commuter Hwys to Loc Govs Requires removal of all state highways or portion of highways within an MPO that are determined to be commuter highways from the state highway system as of a specified date. o Committee hearing today (late afternoon) o Killed in Committee 6-5 HBI 145 Private Investigator’s Access to Public Records o Postponed indefinitely (killed) SB 52 Waste Tire Fee Higher Ed Research Fund o Neutral stance o Passed Education Committee 7-0 on 1/29/09 SB 60 Illegal Drug Laboratory Testing o Ras passed second reading o Housing Authority working with other agencies to get concerns addressed HB 1104 —Interior Designer Certification o Kevin Wilson (Poudre Fire Authority)was asked to testifS’in support.Includes requirements that interior designers learn about flammable and/or hazardous materials and processes. o Hearing today The meeting adjourned at 5:05 pm.