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.