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Home My WebLink AboutMinutes - Legislative Review Committee - 01/23/1997 -S e t I— I — S ——S — •• S •— S fr ——7 S • • —S LEGISLATIVE REVIEW COMMITTEE MEMBERS Council Members Alan Apt Legislative Review Committee Chairperson (970)221-6505 Ann Azari Mayor 221-6505 Bob McCluskey Council Member 221-6505 Staff Members Guy Boyd Poudre Fire Authority,Administrative Assistant 221-6570 Pete Dallow Director of Administrative Services 221-6797 Stewart Ellenberg Risk Manager 221-6774 Marty Heffernan Assistant to the Director of Cultural,Library and Recreational Services 221-6064 Alan Krcmarik Finance Director 221-6788 Blair Leist Legislative Affairs Coordinator Assistant to the Director of Administrative Services 221-6796 Gale McGaha Miller Water Quality Technical Manager 221-6231 Deryle O’Dell Deputy Chief-Information Services,Police Services 221-6840 Rondall Phillips Director of Transportation Services 221-6615 Steve Roy City Attorney 221-6520 Tom Shoemaker Natural Resources Director 221-6263 Michael Smith Water/Wastewater Utilities Director 221-6681 Liz Stroh Integrated Resources Manager 221-6522 Bill Switzer Utility Economist,Light and Power 221-6713 Tom Vosberg Community Planning and Environmental Services Policy Analyst 221-6224 Brian Woodruff Environmental Planner 221-6604 C Legislative Review Committee Council Member-Staff Meeting Meeting Minutes for January 23,1997 Council Attendance:Alan Apt,Ann Azari,Bob McCluskey Staff Attendance:Darin Atteberry,Pete Dallow,Marty Heffernan,Diane Jones,Gale McGaha-Miller, Deryle O’Dell,Ron Phillips,Bill Switzer,Sherrie Temple,Tom Vosburg,Kevin Wilson,Blair D.Leist (Recorder) Guest Attendance:Neil Gluckman,Assistant County Manager,Larimer County Legislative Reports 1.SB-47 Land Use:Norton;Regulates “takings”by local governments. Discussion:This bill has been introduced as the final version of last year’s SB-69. Consequently,the issues that forced the City to request a veto still exist.The primary components of the bill are I)the burden of proof to show an onerous taking was committed falls upon the local government,2)rough proportionality,and 3)consistent standards.As the bill is currently written,a property owner seeking relief from a taking must notif~’the City that it is initiating court action.In all cases,the burden of proof rests upon the City that an onerous taking did not occur.The new Fort Collins City Plan establishes that a property owner seeking relief must file an application with the City for an administrative hearing conducted by a hearings officer.In these cases,the burden of proof is placed upon the property owner.The hearing officer would be utilized on a case-by-case basis.Council member McCluskey suggested that the hearing officer be an independent party from the City and the plaintiff. Actions:I.Noti&CML of the City Plan procedure for seeking relief in takings cases. 2.No formal position at this time. 3.Ron Phillips will share the City Plan procedure at the CML Executive Committee. 4.Alan Apt and Blair Leist will share the City Plan procedure at the CML Growth Committee and the CML Caucus meeting. 2.HCR-lOOl Lottery:Anderson;Reallocates portion of proceeds from the Conservation Trust Fund,Colorado Division of Parks and Outdoor Recreation, and Go Colorado to public school capital construction. Discussion:This measure would result in substantial decreases in lottery revenues to the state Conservation Trust Fund,the Colorado Division of Parks and Outdoor Recreation and Go Colorado (GOCO).Decrease funding to GOCO will most likely result in reduced funding for the Rivers Legacy Project.The measure only provides 6 percent of the needed K-12 funds.It is opposed by the Colorado Association of School Boards,Colorado Counties,American Planning Association and several other organizations.The voters of Colorado have already voted on this issue twice before.This measure has the unfavorable effect of pitting the City’s support for K-12 education and thus support of the Poudre School District against the need for the City to continue to receive funding for local planning efforts (i.e.,Legacy Project). Actions:1.Alan Apt will speak with PSD to confirm that they do not support the legislation. 2.Mayor Azari will contact Representative Bob Bacon to request his support in defeating this measure. 3.SB-65 Taxes:Mutzebaugh;Prohibits local governments from applying their sales and use taxes to sales of food for domestic home consumption. Discussion:This bill would have a detrimental effect upon City revenues.Annually,the City collects $4.1 million in these taxes.Although the tax could be considered regressive,the City provides a rebate of food taxes for low income individuals.The bill also impacts local control of municipalities. Actions:1.The City opposes the bill. 2.No action at this time;continue to monitor. 4.HB-1086 Taxes:Schwarz;Taxes;Reduces personal property taxes. Discussion:The bill will have the effect of reducing City tax revenue which is currently estimated at $1.2 million.It will additionally impact the revenues of Poudre Fire Authority and the County. Action:1.Shenie Temple will provide more information regarding City and County revenues from personal property taxes. 2.No formal position taken on the bill at this time;continue to monitor. 5.SB-i Transportation:Powers;Allocates state sales and use tax for funding transportation. Discussion:This is the old Noble bill in a new form and is the same bill that was introduced last year as SB-I.Its primary purpose is to fund transportation through the sales tax of automotive accessories purchases.This money would be allocated from the State General Fund to the Highway Users Tax Fund (HUTF).The bill needs to be amendment to include flexible funding for alternative modes of transportation and to include the shareback formula of 60-22-18 (state, county,and city percentages of allocated funds).Last year Governor Romer promised to veto the bill if these amendments were included.However,the Governor has modified his position and may accept that 10 percent of the funds can be used as flexible funds.The shareback amendment still remains unresolved. Actions:1.Support with amendments. 2.Continue to monitor IV.Adjourn The meeting adjourned at 8:30 a.m. Respectfully Submitted this 23rd day of January,1996 Blair D.Leist