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HomeMy WebLinkAboutMinutes - Legislative Review Committee - 01/25/2001 -Legislative Review Committee Minutes January 25,2001 7:00 AM—8:30 AM Attending: Council Karen Weitkunat,Kurt Kastein and Ray Martinez (Chairperson) Staff—John Fischbach,Diane Jones,Ginny Brown,Ron Phillips,Tom Vosburg,Greg Byrne and Alan Krcmarik Minutes from December 14,2000 were approved as written. II.Feedback from January 4,Legislative Breakfast. Feedback was positive from a City Council and state legislator perspective.The new delegates were required to absorb a lot of information in a short amount of time.The tour aspect seemed to be helpful to fhrther clarify points that we presented earlier. LRC Council members expressed interest in going to Denver midway through the 2001 session (mid March). Ill.Overview of 2001 Legislative session Roughly 350 bills have been introduced to date.About 40 of these bills appear to have a potential impact on the City.All of these bills are in various stages of analysis.Very few at this point are rated as “high”priority for the City. IV.Colorado Municipal League Update A.General Overview of legislation discussed with Executive Board 1.HB 1049 Concerning Speed Transition Zones A speed transition zone is defined as a portion of a highway where the posted speed limits state a gradual increase or decrease in the maximum lawful speed.The posted maximum lawful speed is applied to both sides of the highway. Creates a defense to prosecution for speeding in a speed transition zone,where the defendant was traveling at a rate of speed within the posted limits on the opposite side of the highway and no alternative limits are posted on the side of the highway in which the defendant was traveling.States that a motorist is not liable for traveling at a rate of speed that is within a visible posted limit. ( HB 1063 Concerning the authorization of governmental entities to establish drainage authorities by IGA for the purpose of developing drainage facilities. (CML Supports this bill) This bill authorizes municipalities,special districts,or political subdivisions of the state that are authorized to own and operate drainage facilities to establish,by contract,a drainage authority for the purpose of developing drainage facilities.Authorizes drainage authorities to: •Develop drainage facilities; •Acquire,construct,manage,maintain,or operate drainage facilities; •Acquire,hold,lease,sell,or otherwise dispose of any real or personal property utilized only for drainage; •Permit other municipalities,special districts,or political subdivisions of the state to join the drainage authority;and •Provide for the rehabilitation of any surfaces adversely affected by the construction of drainage facilities. HB 1092 Concerning Private Real Property Rights (Takings) (CML &CCI Oppose this bill) Allows the owner of private real property to file a claim with a governmental entity whose action may have inordinately burdened the property.Defines “inordinate burden”to include action of a governmental entity that has directly restricted or limited the use of private real property as a whole such that the property owner is permanently unable to attain either the reasonable investment-backed expectation for the existing use of the property or a vested right to a specified use of the real property that would otherwise exist in the absence of the governmental action. Open Meetings Bill Granted Late Bills Status (Still negotiating on bill components) Requires the specificity in announcing the reason for going into an executive session.Requires recording of minutes during executive sessions and provides for recovery of attorney fees if a judge agrees with a complainant that a public body violated state meetings laws in executive session. 0 0 5.RB 1071 Concerning Elimination of Front License Plate Eliminates the requirement that motor vehicles use a front license plate.The primary concern with this legislation is the safety aspect. Police Chiefs and She are opposed.Another concern for us is the negative impact this would have on our photo radar and photo red program. V.Growth Management Legislation There are 4 comprehensive growth management bills proposed: 1.RB 1225 Colorado Growth Management Act Sponsored by Rep.Stengel and Sen.Perlmutter (Ragonetti) 2.HR 1165 Comprehensive Land use Planning Sponsored by Rep.Plant (Environmentalist bill/Amendment 24) 3.SR 148 Growth Management Sponsored by Sen.Perlmutter 4.HR 1305 Overlapping Urban Services Area Boundaries Sponsored by Rep.Smith The CML growth committee will meet tomorrow,January 26,to discuss in detail each of these bills.The American Planning Association has agreed to work with CML on growth management issues.Greg Byrne,Director of CPES is now on the board of APA. The following graphic illustrates how these bill compare when placed on a continuum: HB116S RB1225 SB 148 HB 1305 The Mayor has requested speaking points for a meeting he is attending with the Rome Builders Association on 2 21.The speaking points need to address all 4 proposed growth management bills previously mentioned by comparing and contrasting each. At the urging of Bob Peterson,with the Home Builders Association the Mayor has requested a copy of a newspaper article that quoted Sam Mamet,Associate Director of the Colorado Municipal League.Mr.Peterson expressed concern to the Mayor that Sam was publicly supporting RB 1165,sponsored by Rep.Plant. C Karen Weitkunat expressed interest in learning where we stand as a community on the current proposals and are we in a position to move legislation in a direction that will positively impact us. Tom Vosburg responded by saying that as a City we are in a position to provide substantial input on the current bills,which will help craft,meaningful growth management legislation VI.HB 1209—Concerning Alcohol Tasting on Licensed Premises The Colorado Liquor Retailers,Representative Fairbank and Senator Phillips have developed a process that will allow retailers and consumers to taste products before purchasing while intending to protect the public and facilitating local oversight of this function. In its current form,local governments have the ability to “opt-out”if this bill becomes law. The Mayor expressed how difficult this would be from a law enforcement perspective.Potentially,there are many negative behavioral impacts to the community if this passes i.e.DUI’s,Liquor store “hopping”etc. Kurt Kastein is interested in learning what laws prohibit existing consumption on the premises of a licensed retailer vs.the regulations governing bars. Anheuser Busch is opposed to this legislation and will be sending a letter to the LRC stating their opposition.They believe that the current liquor laws should not be change. CML is still negotiating with the sponsors and the proponents.Currently,they are opposed unless the bill is amended regarding limiting the number of days to less than 4 out of 7. VII.MB 1139 Concerning Regional Planning Boards Sponsored by Representative Bryan Jameson As introduced,this bill divides the state into regions and establishes a regional planning board for each region.It specifies that for any county for which a metropolitan planning organization has been designated,the territorial boundaries of the board exercising jurisdiction over the county shall be the same as the territorial boundaries of the metropolitan planning organization.Specifies that for any county not included within a metropolitan planning organization,the territorial boundaries of the board exercising jurisdiction over the county shall be the same as the territorial boundaries of the transportation planning region to which the county has been assigned. 0 This bill also has revenue sharing and land dispute resolution components. Since Representative Jameson’s election as our Representative Greg Byrne and Tom Vosburg from CPES have provided input into his concepts for growth management issues.They did not see the final draft of this bill before it was officially introduced and as a result have some major concerns about certain aspects.Tom and Greg’s recommendation to Council is to send a letter saying expressing our support for his efforts however we cannot fully support his bill because of the following amendments (see attached letter from Tom Vosburg). Vifi.Other Senator Peggy Reeves is introducing a bill on renewable energy and has asked us to review it before it is introduced tomorrow (1/26). At first glance,it seems benign.Most of what is required in this bill we already practice,however the Home Builder’s Association may have concerns about the energy conservation components requiring spatial orientation of new homes and solar collectors on homes.