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Home My WebLink AboutMinutes - Legislative Review Committee - 03/18/1996 -Administrative Services 1- ~-I I ~.I I •I •~I -:--.- .~.-.:.I -I -I The Legislative Review Committee meets from 7:00 a.m.to 8:30 a.m.every 2nd and 4th Thursday of the month during the legislative session.Meetings are cablecast live on Channel 27 with replays at specially scheduled times. 300 Laporte Avenue •RO.Box 580 •Fort Collins,CO 80522-0380 (97O~221-6790 •FAX (970)221-6329 0 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 Director of Administrative Services,221-6570 Poudre Fire Authority Pete Dallow Director of Administrative Services 221-6797 Molly Davis Deputy City Clerk 221-6516 John DeHaes Special Projects Advisor,Light and Power 221-6703 Susanne Edminster Transportation Services Policy Analyst 224-6049 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/Assistant to the Director of Administrative Services 221-6796 Jaime Mares Human Resources Director 221-6535 Gale McGaha Miller Water Quality Technical Manager 221-6231 Deryle O’Dell Deputy Chief,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 Tom Vosberg Policy Analyst,Community Planning and Environmental Services 221-6224 Kevin Wilson Fire Marshall,Poudre Fire Authority 221-6570 Brian Woodruff Environmental Planner 221-6604 r Legislative Review Committee Council Member-Staff Meeting Meeting Minutes for March 28,1996 Council Attendance:Ann Azari,Alan Apt Staff Attendance:John DeHaes,John Duval,Stewart Ellenberg,Marty Heffernan,Alan Krcmarik,Jaime Mares,Gale McGaha-Miller,Deryle O’Dell,Ron Phillips,Steve Roy,Liz Stroh,Tom Vosburg,Kevin Wilson,Blair D. Leist (recorder). Legislative Updates A.Land Use Issues -Tom Vosburg,CPES Tom submitted a written summary of the takings legislation that the City has recently acted upon and is acting upon at this time.The following is not all inclusive of the land use legislation being addressed this session. HB1272--State Preemption of Local Environmental Authority:This bill would have eliminated practically all local authority regarding air quality,water quality,solid waste,hazardous materials,and radiation control.The City joined CML and other municipalities in opposing this bill.Status:The bill passed the House,but died in the Senate Local Government Committee on March 25. SB6--Senator Norton’s Property Rights (Takings)Bill:As originally introduced,this bill would have extended the “rough proportionality”test required by recent Supreme Court rulings in regard to development related exactions to virtually all local government regulatory actions.This would have created an extremely complex and difficult to administer standard against which all local government actions would be required to comply,and could have potentially crippled virtually all forms of land use regulation,including traditional zoning. The bill has been significantly amended to remove references to impairment of “existing uses.”This limits the bill to codifying the standards set in the recent Nolan and Doland Supreme Court decisions.The bill also provides for an expedited court process for resolving claims regarding takings.These revisions address the most serious concerns the City of Fort Collins had in regard to the original bill.Status:The bill has passed the Senate and has been assigned to the House Business Committee.It appears likely the bill will pass out of the house in its newly amended form. HB1303--Site Specific Development Plans (Vested Property Rights):This bill would revise the existing Vested Property Rights Act by repealing local authority to determine what kinds of land use plans approvals created a vested property right.Currently in the City of Fort Collins,property rights do not vest until a PUD receives final approval.Under this bill,preliminary PUDs,and possibly ODPs,would constitute a site specific development plan and vest development rights.The City has expressed concern regarding this bill,since it would take away the ability for communities to define what level of approval constitutes a site specific development plan.The City’s development review systems now included a two-step process that allows for issues to be identified though public involvement at preliminary approval before the developer has invested in significant detailed engineenng work.This makes it easier for the developer to respond to neighborhood concerns.Essentially,this bill would create a one-step review process. Actions To Be Taken:Tom Vosburg will draft a letter for the Mayors signature requesting the Governor to veto the bill. B.Land Use Issues -Steve Roy,City Attorney HB1274--Concerning Restraints on the use of Eminent Domain on Private Property by Governmental Entities:The following is taken from a CML analysis of the bill. The major purpose of the legislation appears to prevent private parties from benefitting from the exercise of eminent domain powers by a public agency.The various restriction in the bill could effectively prevent local government from using this authority for redevelopment and economic development purposes.As long ago as the 1950’s,the courts confirmed that these were legitimate public purposes,even though private parties may incidentially benefit from the public’s exercise of eminent domain in these circumstances.In brief,at a time when local communities are trying to revitalize their local economies without a state or federal handout,HB-1 274 could have unfortunate,unintended consequences. Action To Be Taken:Steve Roy will prepare an analysis of the bill and draft a letter of opposition for the Mayor’s signature. C.Transportation Issues -Ron Phillips,Transportation Services SB1 and SB1S7:Both bills have been acted upon through City Council resolutions and letters to our delegation.Status:Both bills are stalled in Appropriations. Action To Be Taken:Calls from the Mayor and Council to Senators Matsunaka and Shaffer are requested. D.Telecommunications -Liz Stroh,ICS SB1O and SB187:Although the City,CML and other municipalities continue to baffle these bills,the news is not good.Both bills continue to make their way through the House and the Senate with only minor changes (victories?)being made by CML and municipalities.Amendments include the ability to tax existing providers at current rate and a pass-through of sales-tax to consumers. Action To Be Taken:Liz will draft a letter for the Mayor’s signature requesting that the Governor veto these bills. E.Tobacco Sales -John Duval,City Attorneys Office SB213—Concerning the Furnishing of Tobacco as a Matter of Statewide Concern,and,in Connection Therewith,Authorizing the State Licensure of Retailers of Cigarettes and Tobacco Products.The bill primarily declares r sales to minors as a statewide concern and that the sale,distribution and licensure of tobacco products is of statewide concern.The bill would impact the City in two obvious ways:1)The bill would preempt the City’s ordinance pertaining to vending machines;the City would have to comply with state laws and penalties, and,2)could affect the City financially if the licensing is done at the local level. The bill would probably not affect any future ordinances pertaining to possession of tobacco by minors.That,however,would have to be tested in court. Action To Be Taken:A letter will be drafted to the Colorado delegation opposing this bill.. H.Other Business None IV.Adjourn The meeting adjourned at 8:15 a.m. Respectfully Submitted this 28th Day of March,1996, Blair D.Leist rMayor Cit of Fort Collins Senator Tom Norton March 27,1996 State Capitol Building,Room 257 Denver,CO 80203 Dear Tom, As you know the House passed FIB 1109 (concerning the reduction of the tax on business personal property)on March 22,1996.Consequently,we are asking your help in a Senatorial defeat of this bill.It is our understanding that the effects of this bill have been perceived as “negligible.”In actuality,however,the fall out from passage of HB 1109 is quite significant as evidenced by the following: I.Currently 18%or about $1.2 million of the City’s property tax revenue comes from personal property taxes. This is a very important revenue stream to the City as we attempt to maintain a balanced revenue base. 2.The City opposes any legislation which inhibits the ability of home rule cities to control their own tax base. For example,in April 1995,a proposal was submitted to City Council which would have allowed credits for personal property taxes for large base industry.Both proposals were defeated.Decisions regarding revenue bases of local governments are best left with the local entity 3.The City is currently offering a manufacturing rebate use tax program to local manufacturing firms whereby up to $2.4 million in use tax could be rebated to each company based on a sliding scale.This was a matter of local concern aimed at rewarding existing Fort Collins companies who have demonstrated a commitment to the community.Decisions regarding tax breaks for companies are best left with the local jurisdiction. 4.While Fort Collins is fortunate to be a regional shopping area thus deriving substantial sales tax revenues,the City is still left with many financial needs.Currently the Transportation Department is proposing a transportation maintenance fee to fund the unmet streets needs.Additional fees are being proposed to fund other basic services such as libraries,fire and police. Proposals such as FIB 1109 will only reduce current City revenues.These revenues will need to be replaced with other sources such as fees or increased sales and use taxes.It is possible that existing programs such as the manufacturing use tax rebate program could be discontinued. Thank you in advance for your efforts to kill HB 1109.If we may be of further assistance,please contact Alan Krcmarik,Director of Finance at (970)221-6788 or Blair D.Leist,Legislative Affairs,at (970)221-6796. Ann Azari Mayor 300 Larorte Avenue •P0.Box 580 •Fort Collins,CO 80522-0580 .(970)221-6505 •FAX (970)224-6107 Mayor Ci of Fort Collins Representative David Owen March 27,1996 State Capitol Building Denver,CO 80203 Dear Dave, On behalf of the citizens and City Council of Fort Collins I wish to express my grave concerns about Senate Bill 105 (concer~ning the regulation of persons involved with work related to mechanical systems for structures,and making an appropriation in connection therewith)and request your help in its defeat.Although we are not necessarily opposed to state-wide uniform contractor license efforts,the intrusive provisions contained in SB 105 tread heavily on the inherent authority and rights of local government. The 50-page bill adds a complex web of bureaucracy in an effort to regulate but a single group of related trades involved in heating,ventilation,air conditioning,and refrigeration (HVACR)installations.Fort Collins,like many other incorporated,home-rule municipalities in Colorado,already has effective contractor license regulations in place,which include examination and qualification standards for HVACR contractors.SB 105 would preclude local authorities from exercising any such regulatory activities. Perhaps even more insidious,is the bill’s provision which totally hamstrings our ability to enforce locally adopted nationally recognized HVACR building codes.SB 105 dictates that all code/inspection related functions be centrally overseen by the State Board;including resolution of inspection discrepancies and disputes over code interpretations.The bill actually requires that written inspection approvals/denials be MAILED to the affected party and the State Board.ANY question over interpretation must be referred to the State Board.Can you imagine the havoc this would create for our Building Inspection department, home buyers and builders?Our current same-day inspection service would be completely derailed because of one aspect of the entire building inspection process. Passage of SB 105 would prohibit us from enforcing locally adopted nationally recognized HVACR building codes,contractor license requirements,examinations and qualifications.In short,it would severely impact the proven,professional and exemplary operation of our building inspection programs.It totally flies in the face of sound public policy and I urge you to vote against this ill-conceived policy. Thank you for your efforts to defeat SB 105.If we may be of further assistance,please contact Felix Lee, Director of Building and Zoning at (970)221-6760 or Blair Leist,Legislative Affairs at (970)221-6796. Ann Azari Mayor 300 LaPorte Avenue •P.O.Box 580 •Fort Collins,CO 80522-0580 •(970)221-6505 •FAX (970)224-6107