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HomeMy WebLinkAboutMinutes - Legislative Review Committee - 12/02/2008 -r City Manager’s Office city of City Hall300LaPorte AveFortCoLLins Legislative Review Committee Meeting Summary December 2,2008 Present:Doug Hutchinson,Ben Manvel,Kelly Ohison,Darin Atteberry,Steve Roy,Kelly Peters and Tess Heffernan The meeting was called to order at 4:05 p.m. 1.Minutes of the October 7,2008 meeting were approved. 2.Tess 1-leffernan provided an update on three legislation proposals discussed previously: a)Senator Bacon has agreed to sponsor legislation on camera radar enhancements. Ben Manvel spoke about this at a recent CML Policy Committee meeting and the majority of those present supported the proposal. b)Staff has completed an analysis of several options that could address annexation by one jurisdiction into another’s Growth Management Area (GMA)boundary and narrowed it down to two potential pieces of legislation.The City is waiting for input from the local American Planning Association (APA)Board on what they believe would be most effective and could support.Randy Fischer is interested in supporting this effort and is holding a bill title for this purpose.Darin Atteberry noted that if the decision is to pursue legislation requiring binding arbitration,the County should play a significant role. c)It was decided to not pursue legislation on rubber tire indemnity in railroad right of ways.The City will instead work on an insurance/indenmification agreement with DNSF. Kelly Ohlson stated that the current situation our local legislative representatives are all in the dominant party provides an opportunity for the City to pursue something more far reaching.Time is critical,as one of the deadlines for submitting bill titles has already passed and Legislators are limited in the number of bills they can submit.Tess will check with staff to ascertain what other ideas they want to put forward.Kelly asked Steve Roy to explore New York’s laws on internet sales. 3.Other business Tess noted that there are rumors the airline industry will try to repeal the aviation sales tax,ftrnds from which help finance the Fort Collins/Loveland Airport.We will monitor this situation. The 2009 Legislative Policy Agenda was scheduled for adoption at this evening’s Council meeting.Several comments were received from citizens and the Committee decided to delay the adoption of the Agenda until some additional revisions are made. Tess will meet with staff to address the following changes: •p9 #2 -Might be misinterpreted to be an “anti-carbon”statement.Reword or eliminate. •p1 1 #3 -Contradicts some other areas of the agenda.Might be times when statewide environmental issues should be considered. •p19 #13 -What was intent?Need to provide more context,clarify. •p28 #1 -May be outdated.Consider removing this or,if it is needed,revise it. •p9 Second paragraph under Electric Utility Services Some debate as to whether or not this is “old school”compared to the new climate action plan/policy.The Committee discussed examples,noting the bigger issue is that of state and federal regulations (e.g.climate change). •Darin directed that staff edit the Electric section (p9)to reflect Utilities of the 2l~ Century. •Transportation need to clarilS’intent of references to VMTs and “capacity” change in the opening statement. The Legislative Breakfast will be held December 12,2008,7:30 a.m ,Northside Aztlan Community Center.Re:the Legislative Policy Agenda,legislators will be informed that we are making final edits (revising some standard language that has become outdated)and will mail them the updated version once it is adopted. Tess inquired on behalf of Randy Fischer about the Committee’s opinion on legislation requiring that boards of larger water conservancy districts be elected vs.the current practice of being appointed by ajudge.LRC members suggested it be discussed at the Legislative Breakfast. Betsy Markey is meeting with Mayor Hutchinson on December 15.Tess will compile a list from staff of items they would like the Mayor to discuss with Congresswoman elect Markey.Dam suggested that list include NISP,the Mason Corridor and railroad noise. The meeting was adjourned at 5:13 pm. Cityof rFortCoLLins 2009 Legislative Policy Agenda DRAFT ~dopred Februan 3,21)09 0 TABLE OF CONTENTS Page Introduction 3 Legislati’ie Staff Liaison Members 4 Affordable Housing 5 Air Quality 5 Climate Protection Cultural Services Environmental Quality Federal Budget TOPIC LDCICtCd;E~ectnc Jtility Ser.icry~8 8 ~8 9 Finance 10 Investments 1 1 Privatization 12 SalesandUseTax 12 Fire Protection 13 Hazardous Materials Management 14 Home Rule 14 Natural Areas &Open Lands 15 Parks &Recreation 18 Planning &Land Use 18 Public Safety &Violence Prevention 18 Neighborhood Services 18 Police Services 18 Public Safety Pensions 19 Recycling &Solid Waste 1 9 Risk Management 21 Sovereign &Governmental Immunity 21 Special Improvement Distrcts 22 Telecommunicatbns 22 Transportation 24 Utilities 25 Electr 2 Water 2 r 4.Support preserving our cultural heritage.Deleted:ELECTRIC UTILITY SERV1CES~1 ¶5.Support public access to and awareness and appreciation of the arts.The Eon Collins CiiyCoiancil recognizes the antical importance f maintaining the elecitc disinbuti n ;stem n a financially sound manner hat benefits ENVIRONMENTAL QUALITY ntepa~rC~...reliable,safe and en ronmenta ly acceptable maimer The City supports legislative measuras 0 The City of Fort Collins strongly endorses principles and applies practices to enhance the further this soa[I IenvironmentalqualityoftheCity,including sustainability concepts that promote Therefore,the City supports the integrated planning,design,implementation and management of our natural resources.followingpolicy statements:I The City also promotes environmental stewardship by dealing with land use,I ~hat tee gnizes transportation and air quality (LLTRAQ issues in a coordinated ap~roach.the importance ftnfrasinacture security while minimizing rcsu~etion to the ‘tility’s ability o manaize sectinty as an Therefore,the City supports the following atatements:inie~alpsrto?the .ystem I ;s>Support legislation at the national and I.Support legislation that al ows the flexb!e application of financial resources for state evel that :r:aiea uniform standards for carbon nniasions while allowing localenvironmentalneeds.destgn and .mpletncntaiton fproçams.1 <#tSisppom egialsition that ciw urages2.Support legislati n that enables and reinforces local efforts to plan and regulate c C liv ency and conservation while the interrelationships of land use,transportation,air quality and the regional allow:ng local design and implementation ofthepr ~‘aans ¶determination of air quality attainment status. Municipal Utility Service Territorfa 3.Oppose tate legislation that weakens locally ado ted environmental and land use ¶ties and wns pr vide a number of ordinances,services o their citizens as directed by the .ale ect rata These icrv:ces can mdude the pr vlsi n felectricity 4.Oppose legislation that restricts local government ens ironmental and land use the gh a munt~pal wncd and regulatory authority as now authorized by the Colorado Constitution and perated itt ty ~snewareasareannexed,the citizens should have Colorado case law.right to the same services as provided o other municipal citizens.Throuieh oca elections,those citizens have the ability FEDERAL BUDGET to determine how and what typo of service they receive.Federal or state pr:emption ofthis risht deprives citeens The City supports a balanced approach to federal spending that gives favorable oftheirabilitytochoose.9 consideration to local support programs.Federal and local gosernments have worked (ncolorado.existuigiawprovtdes cooperatively to help meet basic needs such as transit operations and capital ccmpetsaiionioautiln ‘hat ma’ :lectne load through annexatton,improvements,community development block grants,water qualir5 mon’toring and Additionally,the :itizensofacitymay crime prevention.The City strongly supports the continuati n os’suc pr grams.dctcnninc that :ompciing:icctricattlittcs Moderate increases in funding will provide for similar levels of service in the future.arc acceptable.or ‘bc ctttzcns may haveaae~,,—,afta .~.se .0 ir.oth:r utility Thcrcfor:.the Cit’,suppor.s:he It is essential to remember that federal dollars spent at the Local level provide the taxpayer rolloss ng~olicv,tatemenu with the most direct and recognizable benefit from their federal taxes.Support :fforts’hat al w :tttzctts to dctcrtn tie he c el and :xt:nt it I icr’e esaiv :.thus Therefore,the Cits supports the following federal budget policy statement0:rcscrv ng he era a cia.ray of a I.Support the Administration and Congress partnering with state and local ~s>pposc ca’ts’~hat mur.tcipahtys nchta ia acne~atgoserarnentstoaddressproblems.Disproportionate burdens should not be placed provide muntc:pal uttltty on cities and towns by inordinately cutting discretionary programs.Deletedt stat:r:ctnoiton soverntt.ettt atithert’,to adopt 4.Support Legislation that prohibits the annexation of land that is located within the boundaries of a Growth Management Area that was legally established by an intergovernmental agreement between a municipality and a county by any municipality not a party to the agreement. 5.Support legislation that amends Statute 31-12-104,ELigibility for annexation, granting City natural areas/open lands the same exception to annexation contiguity as County open lands. 6.Support legislation that limits the designation of Urban Renewal Areas to those areas that are genuinely urban in character and in need of redevelopment. 7.Support legislation that encourages the integration of sustainability measures in new land uses and development.Quality human-scale urban design,access to transportation options,energy efficient building practices,economic health, diversity of housing,public safety,environmental protection and mobility are elements of a sustainable community. 8.Oppose federal and state legislation that would extend the definition of a compensable taking beyond the provisions of existing court decisions and case law and protect local authority to make land use decisions. 9.Oppose legislation that would broaden the definition of vested property rights beyond the provisions of current state law. 10.Oppose legislation that would inappropriately limit local government authority to regulate land development and local government authority to impose growth impact fees. LI.Support enabling legislation to clearly provide for the local option to impose impact fees for school capital costs. 12.Support legislation that allows local government to vacate obsolete plats and subdivisions to enable the jurisdiction to address new conditions such as public health and safety concerns that have occurred since the fmal plat was approved and to apply its current planning standards.Typically,these obsolete plats and subdivisions were platted at least a decade ago,have no vested rights,are substantially undeveloped and/or the developer has breached a development agreement with the local government. Deleted:#support legislation that allows counties to review all subdivisions 1pm 60 acres’ C r should compensate the City for the fair value of the property interest that is being provided. 12.Support the City’s ability to safeguard citizens against market inequities by maximizing their ability to utilize and facilitate access to telecommunications resources.Recognize that telecommunications resources have considerable value. 13.In order to provide the best possible government and educational services the City will continue to enhance and advance its own internal use of telecommunications. To meet these objectives,telecommunications infrastructure and services may be provided through acti~ities of the City and or the Plane River Power Authority. 14.Support legislation to charge for the cost of acquisition,compilation,provision of, or access to electronic and hardcopy public data and information. TRANSPORTATION The City of Fort Collins is interested in promoting the safety and ease of traveling to, from and throughout the city using all modes oftransportation.ddi ionallv e City’s policy is to encourage the use of alternative transportation (bicycling,walking and transifl whenever appropriate.The City’s aoal is to im rove mobility while kee ma e growth of vehicle miles traveled (V?vlT)to less than or equal to the population growth rate.Therefore.the City su orts the followino olicies: I.Support cooperative programs among local governments and federal,state,regional and county agencies to help the City of Fnrt Collins meet its basic transportation needs,such as transit.street,highway,road and bridge con truction and maintenance,and safe corridors for bicyclists and pedestrians. 2.Support efforts to maintain and increase elected representative’s support for earmark ftinding for the Mason Corridor Small Starts project in 2009 and beyond. 3.Support the current allocation formula of 60°c state,22°c counties,and 1800 municipalities for Highway User Tax Fund (HUTF)as a minimum shareback for state transportation re%enues.Support legislation to enhance and share back with local go%ernments any appr print n f r transportation from the state on the same formula (60 22 18). 4.Support exploration and analysis of alternative methods of lkinding state and federal transportation infrasructure needs. 5.5 ipport legislaton t fund anal>~and rn ementation of the inter-re~i ial ard ir.tra-regior.a Iir.ka2es et’.~een commuters and transit alternatives,mc udr2 ruture commuter rail connectivity. Deleted:T Deleted:with he goal trcducing Deleted:City iranspor.auon programs will promote he reduction oi ~MTs throimb sfraiernes that reduce np generation and engib and increase aut In bile eapaci 0 6.Support legislation that facilitates regional planning for all modes of transportation with the goal of providing real,usable solutions to reduce reliance on single occupant vehicle use and to provide greater choice in alternative modes of travel. 7.Support flexibility in “one-size-firs-all”federal regulations and finding restrictions that account for the differences between small to medium communities versus lare urban metro areas. 8.Support legislation that increases finding for transportation with flexibilit for all transportation modes. 9.Support preservation of the federal guaranteed levels of finding for transportation, and allocation of all federal motor ftiel taxes and other federal transportation trust finds for their intended transportation purposes. 10.Support federal policy that increases transportation finding and treats all transportation modes with equity. II.Support legislation that increases state highway maintenance fundin2.including a shareback with cities and counties. 12.Support reauthorization of the Safe,Accountable,Flexible.Efficient Transportation Equity Act:A Legacy for Users (SAFETY-LU)by Congress. 13.Oppose suspending the collection of the ftiel tax.Fuel tax relief should not be considered as a tool for dealing with gasoline price fluctuations. 14,Support extending the definition of the gasoline tax to a “fuel tax”that encompasses other fuel options as they become more prevalent,to bolster HUTF revenue. IS.Support legislation that limits the ability ofrailr ad trains to block street and highway grade crossings for unreasonable periods. 16.Support legislation that facilitates the imp emertation of railroad qui—t z e municipalities UTILITY SERVICES It is critical that the C tv ooerate its electric distribution.drinking water stormwater and wastewater services in a financially sound.relible.safe and environmentally acce table manner Fort Collins Utilities.ke other munici al utilities across the country are faced with many new and evolving cha ennes associated with changes in the industry,the g and security of its infrastructure and the necessity of managing a changing workforce These challencres and others,are the focus of the Utilities’21st Century Utilities initiative.A key element of the 21st Century Utilities a roach is the Tn Ic Bottom Lne Deleted:~ WATER UTILITIESI ¶ The For Collins City Council recognizes the cr.itcal importance oi’maintaining drankang water,stonia-water nd wastewater utility seniicet in a financiall sound.reliable aafe and envtronmentall acceptable manner The City suppor.s legi~lati e measures to .iinher ,hia ~oaI since Fart Ilins Water tilities ‘cried ay ty ouncil.an elected board,t s .mponam to maintain ‘he grealest degree local contro over planning ann peraiion T hat end.5 a important to minimize,egulativc and regulaioty impacis on the operations of the nItty hereb all us ng ocal jovemment o aci in is own best interest I A a usine .5 a lcc:ssm’to maintain and enhance the ti iv i compeiiisve advaniage Fur.hermore,t a also m rtans to alance cc n mic growth w a qisal iy f fe includin oroiec:ion (sheen nment 1 Therefore the iiy suppons he following po icy statements <5.Suippon legialaiion hai reasonably limits liabilities of the Water,Storm- water and Wastewater operations.’j I <d>suppon legislation that maintains the authority delegated to the state to administer federally mandaicd waier. storm-water and wa5scwater en’.ironmenial regulaiory programs (primacy),~ I <>Suppont waier quality legislation that resslis in trasonabte waier quality control regulations hat arc cost zff’ecti’.e and can show identittable bcnettte, <s>Suppon egislaiton that enabies ‘ocal iopir.ent of waiers’ned p nec ton 5.~Suppcr legislation ‘hat encourages occpcraiton ‘act-seen he Cit of For Collins Waler L’tilii:es and oiher waicr and ‘&a,tewater treatment ~rc~ider;. I <st’Sitppon egislaton that provides he City the fleitbility to enl,ancs n’sire.im flov.s to preseru e or :mpro’.e the n.sistrol en’.tronmens of i.e aircam while pr ieettng:..C .nicar:a f lerado’t appropriaiton decinne 9 rSitprcr eyt.aitun that Ii rsasonaoiy allow clorad sater sours i .aedre .~at:rlttatt C .n,en:s sn e lot sisnitie,intsv aliern~he rasponsibi ta or waters ar :rte.::ti,.ierrs,a n r r conceDt in order to balance inancia ,social an environmental aspects in mana~zincz our local uCli 1 s Therefore the City su rts the followin2 olicv statements ELECTRIC UTILITY 1.Support legislation that recognizes the importance of infrastructure security while minimizing restriction to the Utility’s ability to manage security as an integral part of the system. 2.Su ort e_islafon at he nat ona and state level that establishes unTorm standards for the reduct on of carbon emissions re ated to electr c eneration. Sc ort federal and state roarams that rovide assistance to local oovernment.and that encoura2e and allow for ocal desi2n and implementation of greenhouse ~as reduction strate2ies. 4.Support legislation that encourages energy efficiency and conservation while allowing local design and implementation of the programs. 5.Support public power systems being eligible to issue tax-exempt bonds.They are entities of state and local government,providing Local choice and local control,just as private power companies are eligible to enjoy cenain tax benefits afforded all private corporations. 6.Oppose the federal government taxing the revenue generators relied upon by State and local go~ernments.State and local governments are not allowed to tax the revenue raising instruments of the Federal government;likewise,the Federal government should not tax the revenue raising instruments relied upon by the State and local go’wemments. 7.Oppose proposals that block municipal service in annexed areas.Annexation is an important public policy tool that allows local governments to meet their obdgation to serve new residents and promote economic de~elopment on behalf of the community. 8.Oppose language restricting a community s public power entity the ability to sell power from existing facilities.This could lead to default of existing bonds.This not only jeopardizes the financial stability of the local governments,but also presents substantial risk to bond holders. WATER UTILITIES I.Support legislation that reasonabl~lirn:s ...e w ~.r,s ormwater and wastewater operations. 2.Support legislation that maintains the authority delegated to the State to administer federally mandated water,stormwater and wastewater environmental regulatory programs (primacy). 3 Support water quality legislation that results in reasonable water qua ity control regulations that are cost effective and can show identifiable benefits. 4.Support legislation that enables local development of watershed protection 5.Support legislation that encourages cooperation between the City of Fort Collins \~ater Utilities and other water and wastewater treatment providers. 6.Support legislation that provides the City the flexibility to enhance in-stream flows to preserve or improve the natural environment of the stream while protecting the inteszritv of Colorado’s appropriation doctrine. 7.Support legislation that would reasonably allow Colorado water courts to address water quality concerns while not significantly altering the responsibility of water courts in protecting water rights against injury 8.Support legislation that recognizes the importance of infrastructure security while minimizing restriction to the Utility’s ability to manage security as an integral part of the system. 9.Support adequate state and federal finding of mandated programs under the Safe Drinking Water Act and Clean Water Act. 10.Oppose water legislation or regulations that are not rounded on sound and comprehensive scientific research. II.Oppose water legislation or regulations that do not consider the potential impact of the proposed legislation or regulation on other contaminants and contaminant removal processes. 12.Support water quality legislation that provides states with more flexibility to tailor federal legislation and regulations to local conditions. Formatted:Font color:Red, stnkethrouçh