HomeMy WebLinkAboutMinutes - Legislative Review Committee - 05/15/2003 -LEGISLATIVE REVIEW COMMITTEE
Meeting Summary
May 15,2003
Legislative Review Committee present:Ray Martinez,Marty Tharp,Eric Hamrick
StafE John Fischbach,Diane Jones,Ron Phillips,Carrie Daggett,Mark Radtke
The meeting was called to order at 8:00 a.m.
MEETING SUMMARY
The meeting summary for the March 13,2003,Legislative Review Committee meeting
was approved as written.
RECAP OF 2003 SESSION
A recap of the legislative session was provided by Mark Radtke.Several bills were
discussed:
HB 1001 among other elements,bars homeowner covenants from prohibiting
xeriscaping.City Manager Fischbach noted the City will still need to have a local
ordinance to meet Council’s concerns for eliminating existing covenants for ground cover
and other energy saving issues.SB 236 will ask Colorado voters this November to
approve $2 billion in revenue bonds to support water storage projects.Mayor Martinez
suggested the Northern Colorado Water Conservancy District may take advantage of the
financing tool to increase storage in northern Colorado.
Property owners could recover their attorney fees in condemnation actions if a court
award is 3O°~above the final government offer under HB 1089.The Mayor has sent a
letter requesting a veto of the bill,expressing the concern the measure will encourage
litigation rather than negotiation.Ron Phillips feared the measure may lead to abuse of
the system.
Contractor liability for damages is limited under RB 1161.Carrie Daggett said the City
may be able to contractually waive provisions of the measure.Councilinember Tharp
said the bill will have its biggest impact on homeowners who don’t have the legal
expertise to protect themselves.
The current local government election process was preserved with the defeat of HB 1082,
HB 1171 and HB 1258.The latter would have eliminated mail ballot elections.
Local control over guns was curtailed with the passage of SB 24 and SB 25.They take
away the City’s ability to limit where concealed weapons are carried and pass ordinances
to control the purchase and possession of firearms in general.Councilmember Tharp
asked how the City will address the issue of guns in parks and other public places.Mr.
Fischbach said the City has not had an ordinance banning such carry in the past and there
have been no problems.No action is anticipated at this time.
SB 57 allows FPPA employee groups to decide whether to return to a defined benefits
retirement plan or a hybrid plan.Employees would face a buy-in to make the return from
the money purchase plan.
Efforts to reduce the state’s BAC level to 0.08 for DUI all failed.Also failing was the
move to allow liquor “tastings”at retail establishments.Councilmember Tharp noted the
state stands to lose transportation funds if it continues to resist the lower limit.Mr.
Phillips said the state has two more years in which to comply or it will lose over $50
million in federal transportation dollars.
The City will lose amortization as a tool to bring nonconforming uses into compliance
with code if the Governor signs SB 251.Ms.Daggett said her office is working on new
methods of enforcing the City’s sign code which now operates under amortization.
Inclusionary zoning to promote affordable housing will continue to be available to local
government with the defeat of SB 154.Cities and counties will be able to continue to
deploy building inspectors with the defeat of HB 1293 that would have replaced them
with inspectors hired by the builder.
SB 326 redefining the organization on taxing authority of library districts was passed.
There was discussion about the bill’s usefulness in helping the City and Larimer County
find a way to have county residents share in the financial support of the City libraries.
Mr.Radtke noted two legislative interim committees will deal with state budget issues.
The first will look at methods to reduce costs and improve productivity in state
government,while the second will analyze the impacts of constitutional amendments that
dictate state spending and revenue.
Mayor Martinez asked that thank you letters be drafted for our local delegation.
Councilmember Tharp asked that a meeting be arranged in the coming weeks with our
delegation to underscore our concern over the erosion of home rule authority.
The Committee cancelled its scheduled meetings for June 12 and July 10.
The committee adjourned at 8:58 a.m.
The next meeting of the Legislative Review Committee is now scheduled for August 13
at 8:00 a.m.in the City Manager’s Conference Room.