HomeMy WebLinkAboutMinutes - Legislative Review Committee - 08/06/2012 -
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Fort Collins, CO 80522
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Legislative Review Committee Meeting Minutes
August 6, 2012, 4:30 p.m.
City Manager’s Conference Room
Present: Kelly Ohlson, Mayor Pro Tem; Wade Troxell, Councilmember; Lisa
Poppaw, Councilmember; Steve Roy, City Attorney; Wendy Williams, Assistant
City Manager; Dan Weinheimer, Legislative Policy Manager
Absent: None
Mayor Pro Tem Ohlson called the meeting to order at 4:28 pm.
Adoption of the minutes from the July 10th meeting were moved for approval by
Councilmember Poppaw and seconded by Mayor Pro Tem Ohlson. Minutes were
adopted without amendment.
Dan Weinheimer discussed the August 7th train horn noise meeting that will be
held at City Hall. The meeting will include participation from the Regional
Administrator for the Federal Railroad Administration (FRA) the Deputy
Regional Administrator and the Chief Inspector. Dan noted that the Regional
officials will come from Kansas City to participate in the meeting. He also
pointed out that staff will meet with the FRA officials prior to this meeting to
discuss actions taken to date, possible steps to quiet the horns in Fort Collins and
to tour the Mason Street construction zone.
Dan also mentioned that he is assisting the staff group working on mitigation and
remediation costs from the High Park Fire. Mayor Pro Tem Ohlson asked about
the timetable for recovery as well as the estimated costs. He noted that he had not
seen a final total and that because there were options he was not clear of the actual
mitigation costs for mitigating fire impacts to drinking water supply. Dan said that
he’s aware of a $2 million per year cost for mitigation over a possible ten year
timeframe but not sure of the costs or need to construct a treatment facility.
The LRC then began to review a redlined version of the Legislative Policy
Agenda and consider modifications to prepare for the 2013 legislative session.
Beginning with an alphabetical list of subject areas several general statements
were expressed and affirmed by the entire LRC – that the agenda should look at
legislation from a positive angle (“support” instead of “oppose” where possible)
and that home rule authority must be preserved.
Mayor Pro Tem Ohlson recommended adding a general provision to the
introduction that would assure staff that despite the fact that the statements are
worded in the positive that staff could also assume that there was flexibility for
situations that ran contrary to the positions of the Council. Councilmember
Troxell recommended that the Policy Agenda be modified to align with the
outcome areas or to possibly reflect to which outcome area each section or policy
conforms.
Dan asked the LRC whether having a separate section for economic health rather
than listing positions under Finance might be useful. Councilmember Troxell
supported this concept. Councilmember Poppaw thought its current placement
under Finance worked well. Mayor Pro Tem Ohlson thought that there needed to
be a balance between supporting business and other areas like the environment.
He further noted that there are situations where supporting one industry – like
local craft breweries – could put the City at odds with supporting other businesses
or funding community improvements. Councilmember Troxell agreed with this
statement of potential conflict and further noted that within industries businesses
compete so that what’s good for one does not always favor another. Staff was
directed to further refine this concept.
On the subject of urban renewal authority (URA) Mayor Pro Tem Ohlson noted
that this is an area where Council is divided. Councilmember Poppaw suggested
that the Council is concerned about eliminating abuses that have occurred in the
past and improving the tool without losing it entirely. Steve Roy mentioned that
the URA issue has been a frequent topic in the Legislature and that there were
bills rumored to be offered in the 2012 session so preparing language might be a
wise course of action. Councilmember Troxell noted that perhaps putting quotes
on the word blight could address this concern since the application of a blight
standard can be subjective. Mayor Pro Tem Ohlson stated his desire to improve
URA but also his support for both retaining the community development tool and
addressing the issue in the Policy Agenda.
Under fire protection the LRC debated how best to add language to address
wildfires and recovery efforts and costs to ensure enough flexibility to address the
topic in 2013. Councilmember Poppaw sought clarity on whether the City of Fort
Collins should address topics impacting the Poudre Fire Authority area that are
not incorporated to Fort Collins. Consensus was that fires and recovery drain
resources from the City. Staff was directed to broaden the draft statement.
Mayor Pro Tem Ohlson expressed concern with including a position on asbestos
containing soils (ACS) because he did not want to erode environmental and public
health protections. Dan noted that this is more of a reasonableness issue – that
dealing with the current presumption of ACS rather than the actual presence of
ACS causes unnecessary costs for construction and operations/maintenance of
sites within the City. Councilmember Troxell suggested changing the wording to
instead read “such as” to suggest that the City Council supports reasonableness
and verifiable public health protections. Mayor Pro Tem Ohlson supported the
concept of common sense regulation and Steve Roy suggested making the
statement clearly directed at publicly-owned sites.
Great Outdoors Colorado (GOCO) funding was discussed and again
Councilmember Troxell recommended that this statement be made positive and
also consider balancing other City priorities. Mayor Pro Tem Ohlson also noted
that voters have twice voted to approve these funds to the specific purposes and
he favors honoring the voters’ will.
There was a debate about an existing provision in the Policy Agenda regarding
medical marijuana. Steve Roy noted that we may wish to retain the provision
which supports regulation of manufacture, distribution and dispensaries on the
grounds that the City wants the state to maintain its position.
The LRC directed staff to come back with edits and recommended language on a
number of provisions. Dan noted that each department and liaison has been asked
to comment by August 31st and so the next version would include those
comments. Councilmember Troxell again suggested linking to outcome areas.
Other business discussed included a rundown of the next three scheduled meeting
dates and times and a reminder of the end of year legislative breakfast. Mayor Pro
Tem Ohlson noted that the Senior Center is not as nice a location as the Lincoln
Center conference room location and that perhaps in planning for future
breakfasts that rather than rotating that staff focus on a hosting in a nice space.
The meeting was adjourned 5:35 pm.