House Committee on Local Government (02/17/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Date:	02/17/2009	ATTENDANCE

Time:	03:10 PM to 06:05 PM	Acree	X
		Bradford	X
Place:	HCR 0107	Liston	X
		McKinley	X
This Meeting was called to order by		Middleton	X
	Representative Peniston	Schafer S.	X
		Tipton	X
This Report was prepared by		Vigil	X
	Raegan Robb	Waller	X
		Soper	X
		Peniston	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1220 HB09-1217 HB09-1201		Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Laid Over

03:12 PM

The chair, Representative Peniston, called the meeting to order.

03:13 PM -- House Bill 09-1220

Representative Scanlan, prime sponsor, presented House Bill 09-1220, concerning permitting a unit owner to prescribe specified conditions in connection with the use of an owner's property that promotes affordable housing. Representative Scanlan talked about the problem of diminishing property for residential development and the need for affordable housing in mountain communities. She explained that the bill attempts to address affordable housing needs in communities by amending the Colorado Common Interest Ownership Act to allow a unit owner to specify or restrict the sale price, rental rate, lease rate of a unit, occupancy, or other requirements designed to promote affordable or workforce housing. She discussed prepared amendments L.001 (Attachment A), L.002 (Attachment B), and L.003 (Attachment C).

03:20 PM

Jennifer Kermode, Summit County Housing Authority, testified in support of the bill and talked about the difficulty in providing affordable housing for the work force in Summit County. Ms. Kermode addressed questions from the committee members concerning deed restrictions and property values. She also talked about the shortage of property in Summit County that is available for residential uses.

03:28 PM

Michael Penny, Town Manager, Town of Frisco, testified in support of bill, talked about the housing market in Summit County, and measures taken by individual municipalities within the county to create more affordable housing. Mr. Penny talked about the shortage of property in the county and using property owned by municipalities for affordable housing projects. Mr. Penny addressed questions from the committee members concerning the incentives to create deed-restricted properties for more affordable housing.

03:34 PM

Bob French, County Commissioner, Summit County, testified in support of the bill and discussed concerns about affordable housing in the county. Commissioner French talked about the reasons for affordable housing shortages in the county and addressed questions from the committee members concerning deed restrictions by homeowners associations.

03:39 PM

Representative Scanlan and Commissioner French discussed problems with providing affordable housing in mountain communities.

03:41 PM

John Warner, Mayor, Town of Breckenridge, testified in support of the bill and explained that Town of Breckenridge needs 900 additional units of affordable housing. Mayor Warner explained that the bill would be a small step for communities to provide slightly more affordable housing. He also talked about the gap between living wages and the price of real estate in Summit County and addressed questions about the standards for affordable housing.

03:46 PM

Alana Smart, Housing Colorado, testified in support of the bill and explained that mountain communities have the largest gap between income and housing values. She also explained that mountain communities are not eligible for federal funding for affordable housing, due to the high average home values.

03:48 PM

Rob Nanfelt, Colorado Association of Home Builders, discussed the prepared amendments and explained that the association was in support of the bill with amendments.

03:50 PM

Representative Scanlan entered closing comments on the bill and discussed prepared amendments.


BILL:	HB09-1220
TIME:	03:50:48 PM
MOVED:	Waller
MOTION:	Moved amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Liston
		VOTE
	Acree
	Bradford
	Liston
	McKinley
	Middleton
	Schafer S.
	Tipton
	Vigil
	Waller
	Soper
	Peniston

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1220
TIME:	03:51:03 PM
MOVED:	Middleton
MOTION:	Moved amendment L.002 (Attachment B). The motion passed without objection.
SECONDED:	Bradford
		VOTE
	Acree
	Bradford
	Liston
	McKinley
	Middleton
	Schafer S.
	Tipton
	Vigil
	Waller
	Soper
	Peniston

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1220
TIME:	03:51:21 PM
MOVED:	Bradford
MOTION:	Moved amendment L.003 (Attachment C). The motion passed without objection.
SECONDED:	Middleton
		VOTE
	Acree
	Bradford
	Liston
	McKinley
	Middleton
	Schafer S.
	Tipton
	Vigil
	Waller
	Soper
	Peniston

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1220
TIME:	03:51:45 PM
MOVED:	Liston
MOTION:	Moved to refer House Bill 09-1220, as amended, to the Committee of the Whole. The motion passed on a 9-0-2 vote.
SECONDED:	Middleton
		VOTE
	Acree	Yes
	Bradford	Yes
	Liston	Yes
	McKinley	Yes
	Middleton	Yes
	Schafer S.	Excused
	Tipton	Excused
	Vigil	Yes
	Waller	Yes
	Soper	Yes
	Peniston	Yes

Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

03:53 PM -- House Bill 09-1217

Representative Murray, prime sponsor, presented House Bill 09-1217, concerning the creation of local improvement districts for the purpose of improving public utilities. She explained that the bill gives counties an additional financing method for constructing public utility infrastructure by permitting property owners to finance public utility improvements through the creation of a local improvement district (LID). She explained that current state law allows counties to establish LIDs for improvements on an area through property taxes collected within the district, but utility improvements cannot be financed. Representative Murray discussed prepared amendments L.005 (Attachment D) and L.006 (Attachment E).

03:58 PM

Jack Hilbert, County Commissioner, Douglas County, testified in support of the bill and talked about the formation of subdivisions and LIDs. Commissioner Hilbert talked about specific problems with LIDs in regard to developments and the inability of property owners to finance public utility improvements through a LID. He addressed questions concerning the formation of LIDs, the implementation of a tax by the district, and the relationship between LIDs and utility companies. He also talked about the difference between Title 32 special districts and LIDs.

04:08 PM

Ron Olsen, Douglas County, representing himself, testified in support of the bill, talked about the process of forming a LID, and discussed the frustrations of property owners who have developed lots without utility improvements due to the restrictions in law for LIDs.

04:12 PM

Garry Lawrenz, Douglas County, representing himself, testified in support of the bill, talked about the benefit of LIDs to implement property improvements, and discussed the need for utility improvements to be financed by LIDs.

04:13 PM

David and Jan Kawecki, representing themselves, testified in support of the bill and talked about the need for utility improvements to be financed through LIDs.

04:16 PM

Lance Ingalls, County Attorney, Douglas County, testified in support of the bill, talked about the election process to form LIDs, and described the types of improvements that can be financed by LIDs. Mr. Ingalls explained the differences between Title 32 special districts, public improvement districts, and LIDs. He discussed prepared amendments L.005 (Attachment D) and L.006 (Attachment E). Mr. Ingalls responded to questions concerning LIDs and whether the tax information pertaining to an LID is available to property buyers.

04:33 PM

John McCormick, representing Qwest, testified in support of the bill with the adoption of the prepared amendments.

04:34 PM

Lyle Williamson, representing Verizon Communications, testified in support of the bill with the adoption of the prepared amendments.

04:34 PM

Representative Murray entered closing comments on the bill and prepared amendments.


BILL:	HB09-1217
TIME:	04:34:43 PM
MOVED:	Middleton
MOTION:	Moved an amendment to L.005, line 5, strike the first "IN" and substitute "WITHIN". The motion passed without objection.
SECONDED:	Tipton
		VOTE
	Acree
	Bradford
	Liston
	McKinley
	Middleton
	Schafer S.
	Tipton
	Vigil
	Waller
	Soper
	Peniston
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1217
TIME:	04:34:56 PM
MOVED:	Tipton
MOTION:	Moved an amendment to L.006, line 27, strike "OPERATED," and substitute "OWNED, OPERATED,". The motion passed without objection.
SECONDED:	Acree
		VOTE
	Acree
	Bradford
	Liston
	McKinley
	Middleton
	Schafer S.
	Tipton
	Vigil
	Waller
	Soper
	Peniston
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1217
TIME:	04:35:06 PM
MOVED:	Middleton
MOTION:	Moved amendment L.005, as amended, (Attachment D). The motion passed without objection.
SECONDED:	Tipton
		VOTE
	Acree
	Bradford
	Liston
	McKinley
	Middleton
	Schafer S.
	Tipton
	Vigil
	Waller
	Soper
	Peniston

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1217
TIME:	04:35:22 PM
MOVED:	Tipton
MOTION:	Moved amendment L.006, as amended, (Attachment E). The motion passed without objection.
SECONDED:	Schafer S.
		VOTE
	Acree
	Bradford
	Liston
	McKinley
	Middleton
	Schafer S.
	Tipton
	Vigil
	Waller
	Soper
	Peniston

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1217
TIME:	04:35:31 PM
MOVED:	Acree
MOTION:	Moved to refer House Bill 09-1217, as amended, to the Committee of the Whole. The motion passed on a 10-0-1 vote.
SECONDED:	Schafer S.
		VOTE
	Acree	Yes
	Bradford	Excused
	Liston	Yes
	McKinley	Yes
	Middleton	Yes
	Schafer S.	Yes
	Tipton	Yes
	Vigil	Yes
	Waller	Yes
	Soper	Yes
	Peniston	Yes

Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

04:42 PM -- House Bill 09-1201

Representative Labuda, prime sponsor, presented House Bill 09-1201, concerning land use planning by governments and the adverse effects of development in close proximity to military installations. Representative Labuda discussed the benefit of having military bases in Colorado communities and the need to protect these areas from encroaching residential growth. She explained that the bill requires local governments to address the adverse effects of development in close proximity to military installations through changes in land use planning. The bill will require local governments to make changes to master plans, zoning regulations, and building codes to regulate future development and to incorporate sound attenuation standards. Additionally, local governments that already satisfy the requirements of the bill are not subject to additional requirements. Representative Labuda addressed questions from the committee members concerning property rights and whether the bill creates a legal taking. She also addressed questions about planning, local master plans, and federal regulations that may address the issue of municipal growth.

04:56 PM

Barbara Kirkmeyer, County Commissioner, Weld County, testified against the bill, explained that the master plan of Weld County already addresses military installations, and explained that notification requirements addressed in the bill are already established in state law.

04:59 PM

Jim Bensberg, County Commissioner, El Paso County, testified against the bill, talked about the importance of military installations, and talked about the negative fiscal impact of the bill on counties. Commissioner Bensberg addressed questions from the committee concerning examples of residential development encroaching on nearby military installations.

05:02 PM

Michael Reisman, airport manager, Greeley-Weld County Airport Authority, testified against the bill, talked about the airport master plan and the boundaries of the airport, and discussed notifications concerning municipal growth provided to the airport authority. Mr. Reisman talked about the Greeley Air National Guard unit stationed at the airport and addressed provisions in the bill that he suggested be eliminated.

05:06 PM

Richard Brady, Municipal Attorney, City of Greeley, testified against the bill and discussed reasons that the Greeley airport should be exempt from the bill. He also addressed other provisions in the bill that he felt should be eliminated and distributed resolutions from the City of Greeley opposing House Bill 09-1201 (Attachment F).

05:09 PM

Erin Goff, Colorado Municipal League, testified against the bill and discussed communities that have military installations that would be negatively impacted by the bill. Ms. Goff responded to questions concerning a needed buffer between military bases and a municipal boundary, and she talked about how municipalities already comply with master plans to limit development near military installations.

05:14 PM

Carl Shueler, City Planner, City of Colorado Springs, testified against the bill, discussed the economic importance of military bases to communities, and distributed a handout to the committee (Attachment G). Mr. Shueler talked about the challenges that the bill creates for city planning near military bases.

05:18 PM

Neil Ralston, airport manager, Colorado Springs airport, testified against the bill and discussed the relationship between the Colorado Springs municipal airport and the boundary of Peterson Air Force Base.

05:22 PM

Julio Inturreria, Arapahoe County, representing himself, provided information to the committee concerning zoning regulations for airports and surrounding areas and distributed a handout to the committee (Attachment H).

05:25 PM

Greg Romberg, representing the City of Aurora, testified against the bill and talked about the relationship between the City of Aurora and Buckley Air Force Base. He explained that land use and zoning are local issues that are addressed by municipalities and counties.

05:28 PM

Colonel Wayne Monteith, Vice Commander, Peterson Air Force Base, United States Air Force, testified in support of the bill and talked about the need to limit encroachment of municipalities on military installations. Colonel Monteith talked about specific problems that growth and development have created for military operations and responded to questions concerning the military's ability to purchase property adjacent to military bases. The committee members received Colonel Monteith's written comments on House Bill 09-1201 (Attachment I).

05:35 PM

Major Michael Blackburn, United States Air Force, addressed questions from the committee members concerning when the military was contacted about House Bill 09-1201.

05:41 PM

Walter Paul, legislative liaison, Department of Military Veterans Affairs, testified in support of the bill and talked about specific military installations in the state that need protection from residential growth and development. The committee received a handout from Mr. Paul concerning House Bill 09-1201 (Attachment J).

05:43 PM

Brigadier General Trulan Eyre, Wing Commander, Colorado Air National Guard, testified in support of the bill and talked about the need for sound boundaries and buffers surrounding military bases. He talked about the bill's requirements for a two-mile buffer surrounding military installations for military uses and missions. Brigadier General Eyre addressed questions from the committee members concerning the Air National Guard at Greeley Airport, Buckley Air Force Base, and Peterson Air Force Base. He also explained that municipalities are working well with the military on zoning and development issues surrounding military installations.

06:01 PM

Colonel Wayne Monteith addressed questions from the committee members concerning the relationship between municipalities, and he discussed the need for buffers for certain military missions and installations.

06:03 PM

Representative Labuda made closing comments and addressed questions from the committee members concerning needed amendments to the bill.

06:04 PM

Representative Peniston laid House Bill 09-1201 over until the committee's meeting on Tuesday, March 3rd, 2009.

06:05 PM

The committee adjourned.