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HomeMy WebLinkAboutMinutes - Legislative Review Committee - 01/29/2004 -r LEGISLATIVE REVIEW COMMITTEE Meeting Summary January 29,2004 Legislative Review Committee present:Ray Martinez,Marty Tharp,Eric Hamrick Staff present:Diane Jones,Gregory Byrne,Carrie Daggett,Mark Radtke The meeting was called to order at 8:05 am. MEETING SUMMARY The meeting summary for the January 15,2004 Legislative Review Committee meeting was approved as written. UPDATES ON BILLS The Committee revisited SB 89 that allows non-profit affordable housing agencies to use cooperative purchase contracts and gives mobile home owners an opportunity to purchase the mobile home park if the park owner entertains offers to sell the property.Council Member Hamrick reported on meetings he has had with mobile home owners in the Harmony Mobile Home Park and their support for such a measure.Council Member Tharp noted the practical difficulties for mobile home owners to be able to make the purchase,but supported the concept.Mayor Martinez expressed concern that the concept might serve as a precedent for homeowners associations that could give them power to manipulate homes sales to discriminate against members of the community.The Committee agreed to support the bill,while conveying the desire that this would not set a precedent for other homeowner groups. Mark Radtke reported SB 93,opposed by the City,failed to win approval in the Senate Business Affairs Committee last week and the sponsor was given time to work with opponents of the bill to find a compromise. HB 1004 has been amended to meet the City’s concerns.The bill now puts state law in line with federal law on rules for internet filters at libraries.The amendment allows the City to changes its position from “oppose”to “neutral”. The issue of tastings re-emerged in the form of an amendment to RB 1021.The original bill language lowers the blood alcohol content limit for DUI to .08.The language added in House Transportation allows tastings of alcoholic beverages under controlled situations at retail liquor outlets.Mayor Martinez expressed strong opposition to the tastings amendment,saying it promotes drinking and driving.Because of the tastings amendment,the Committee switched its position of “support”to “oppose”for the bill. 0 DISCUSSION OF NEW BILLS Mr.Radtke outlined two newly introduced bills dealing with the City’s power of eminent domain.HR 1203 would prevent the City from condemning property and later transferring the property back to private ownership.HB 1209 would redefine what properties can be condemned for redevelopment under the Urban Renewal Authority rules by excluding agricultural land and undeveloped property.Gregory Byrne said 1203 destroys the basic concept of urban renewal authorities.He said the City is the only entity able to bring diverse properties together for redevelopment and often that includes the use to condemnation.Concerning 1209,Carrie Daggett used the example of the Burlington Northern railroad right of way that now by-passes North College Avenue thanks to the City condemning property for the new alignment for UP as a beneficial use of condemnation powers. Committee Member Hamrick said he is not often in favor of condemnation,but notes it must be used in certain cases and the City shouldn’t lose that authority.He discussed narrowing the language of 1209 that excludes undeveloped land,but the Committee could not find acceptable language.Council Member Tharp expressed disappointment with how some Colorado municipalities had misused condemnation,but did not want the state to limit local authority to make those decisions.Mayor Martinez said the wording of the two bills leaves the actual intent of the legislation weak.The Committee decided to “oppose”both bills,and have staff draft a letter outlining Fort Collins’concerns about the overreach of the bill language. The Committee endorsed a “support”position for HB 1262 which requires a sign be posted warning motorists that a red light camera is in operation at the intersection ahead. CLEAR ACT Mr.Radtke reported there is no movement to report on either the House or Senate version of the federal CLEAR Act (H.R.2671 and S.1906). FUTURE MEETINGS The Committee rescheduled its meeting of February 12 to 8:30 a.m.,Wednesday, February 11,2004. The meeting was adjourned at 8:51 a.m.