HomeMy WebLinkAboutMinutes - Legislative Review Committee - 03/17/2005 -r r
LEGISLATIVE REVIEW COMMITTEE
Meeting Summary
March 17,2005
Legislative Review Committee present:Ray Martinez,Marty Tharp
Staff present:Diane Jones,Steve Roy,Ron Phillips,Mark Radtke
The meeting was called to order by Mayor Martinez at 7:39 a.m.
MEETING SUMMARY
The meeting summary for the March 3,2005 Legislative Review Committee meeting was
approved as written.
UPDATES ON PENDING LEGISLATION
Citizen inquiries have been made of Committee members about SB 62.The bill places
limits on in-stream flows that can be requested to fulfill recreational water rights.Mark
Radtke explained the bill and said it has passed the Senate and moved to the House.Fort
Collins Utilities is recommending a “watch”position on the bill which the Committee
adopted.
SB 63 has been rewritten.The bill now precludes the inclusion of more than 10%
agricultural zoned lands in an urban renewal area.Based on previous action of the
Committee the City is now in support of SB 63.
SB 152 places limitations on municipalities entering the telecom business.As passed by
the Senate the bill grandfathers existing city telecom contracts,but requires a vote of the
people to establish new ones.The City remains opposed to the bill.
Changes made by the House to HB 1064 have raised concerns.The Regional
Transportation Authority bill now requires CDOT approval of RTA proposed projects
before they are submitted to voters if CDOT believes they are an impact to the state
system.Councilmember Tharp said while there is certain logic in that,we do not want
CDOT saying no to projects that do not have a direct connection with their system.Mr.
Radtke said an effort is underway to draft an amendment that nagows CDOT’s review to
only projects that directly encroach on state right-of-way.The Committee will review
amendment language when it becomes available.
HB 1108 which provides law enforcement peer counseling teams “privileged
communication”has passed both houses and is awaiting the Governor’s signature.
Committee members were shown an amendment to HB 1277 that would strike the
language limiting a landlord’s liability for nuisance problems on his property and replace
it with language that makes it easier for the landlord to enter the rental property and abate
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the nuisance problem.Mayor Martinez said this would be a positive step as landlord’s
can oniy enter the property in an emergency unless they specifically give themselves that
power in the lease.Councilmember Tharp agreed this would be helpful in allowing
landlords to deal with the some of the issues that have been affecting Fort Collins’
neighborhoods.The Committee supports the amendment.
DISCUSSION OF NEW BILLS
A bill will be introduced in the coming days that will establish a statewide indoor
smoking ban.Mr.Radtke expressed concern that the bill would pre-empt local control
over the issue.Councilmember Tharp said her understanding of the measure is that it
will provide minimum requirements,and cities could pass more stringent rules.Steve
Roy said smoking may be an issue that truly is a state issue rather than local.Mayor
Martinez said it may actually be a health department issue rather than a political one.Ron
Phillips said the CML Board was divided on the issue of local control and took no
position on the bill.It appears the bill will affect the City’s existing ordinance by
prohibiting smoking in areas currently given exemptions.The Committee is awaiting the
bill language before taking a position.
The Committee will oppose HB 1304 on grounds it pre-empts local zoning decisions.
The bill requires manufactured zoning to be allowed in all residential zones.While Fort
Collins zoning already allows that,the Committee agreed zoning is a local decision.
FEDERAL BUDGET CUTS
The Committee authorized the Mayor to sign a letter to our congressional delegation
supporting the continuation of finding for historic preservation programs.
Councilmember Tharp pointed out that such funding is a lower priority than such
programs as CDBG and Section 8 housing support.The Committee asked for a profile of
families benefiting from Section 8 housing.
The meeting was adjourned at 8:22 a.m.