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City Manager’s Office
City Hall
300 LaPorte Ave.
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107 - fax
fcgov.com
Legislative Review Committee Agenda
August 11, 4:00 p.m.
Commons Conference Room
1. Approval of minutes from July 28, 2015 meeting
2. Discuss 2016 legislative priorities and policy agenda themes
Consider 2015 priorities – keep or change?
Discuss new proposed priorities
3. Consider bill proposals
CML Policy Committee (initial submission deadline September 9)
4. Other business
State Legislators will attend September 22 LRC meeting
Next meetings: September 8, September 22, and October 13
City Manager’s Office
City Hall
300 LaPorte Ave.
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107 - fax
fcgov.com
Legislative Review Committee Agenda
Meeting Notes
July 28, 2015, 4:00 p.m.
Commons Conference Room
Present: Ross Cunniff, Councilmember; Ray Martinez, Councilmember; Gino
Campana, Councilmember; Wendy Williams, Assistant City Manager; Carrie
Daggett, City Attorney; Dan Weinheimer, Legislative Policy Manager
Absent: None
Guests: Dan Betts, Senator Cory Gardner’s Office; Kevin Jones, Chamber of
Commerce; Dale Adamy, citizen
The meeting came to order at 4:00 pm.
Councilmember Cunniff moved approval of the minutes from the April 28, 2015
and May 12, 2015 meetings, Councilmember Martinez seconded. Minutes were
adopted without amendment.
Dan circulated a sample of a committee notebook that would be used to manage
future LRC meeting materials. He explained the purpose was to have both
meeting materials and documents like the Policy Agenda, Legislative Priorities
and contact information in one place. Staff will maintain the meeting information
and the notebooks will be ready for use at future LRC meetings.
LRC started a discussion on process and procedure. Councilmembers asked for a
status update on the LRC website. Dan indicated that it is a work in progress but
that he had spent time consolidating several pages to two – one focused on
general legislative information and the other on LRC materials. LRC sought to
include a bill research tool to the page for LRC members and the public.
There was some discussion on the logistics of the subscription service that the
City uses.
LRC discussed a new committee chair. Councilmember Campana was
nominated by Councilmember Martinez and accepted the chair position.
The committee returned to the discussion of processes and considered ways to
increase the interaction between Councilmembers and state/federal elected
officials. Among possible actions that the group discussed were:
1. continuing the June legislative lunch,
2. inviting state legislators to a September LRC meeting to talk about bills
that they plan to run,
2
3. adding a midterm meeting to the LRC calendar similar to the legislative
breakfast and lunch meetings,
4. having a City Council tour to the Capitol and meetings with legislators,
5. meetings on Fridays during the General Assembly session,
6. having informal social gatherings of legislators and Councilmembers
LRC discussed their role in advocacy. Dan was asked to share contact
information for legislators. LRC discussed process for engaging on legislative
issues.
The meeting was adjourned at 5:01 pm.
City of Fort Collins
2015 Legislative Priorities
20
15
Environmental Protection Agency
Administrator Gina McCarthy listens
to discussion during Fort Collins tour
in February 2014
3
Introduction
Fort Collins is a community of more than 155,000 residents located at the foot of the Rocky
Mountains along Colorado’s Front Range. Incorporated in 1873, the City has grown to become
the commercial, educational and cultural hub of Northern Colorado. The City adopted a home
rule charter in 1954 and operates under a Council-Manager form of government.
The Fort Collins City Council annually adopts a broad set of policy statements meant to convey
positions on issues that affect the quality of life and the governance of our community.
The City is a data-driven municipal organization that strives to fulfi ll its mission,
“Exceptional service for an exceptional community,” through a vision of providing world-class
municipal services through operational excellence and a culture of innovation. City leaders
seek innovative solutions to issues facing the community and are often willing to leverage
emerging technologies.
The 2015 City of Fort Collins Legislative Policy Agenda identifi es a broad range of important
issues for the City of Fort Collins. The Agenda expresses policies and positions on issues
that affect the quality of life and the governance of our community. Our policy agenda is
structured to address areas of local concern and also to refl ect the strategic planning that
guides City of Fort Collins organizational resource allocation and decision making.
The City’s Legislative Priorities are issues Fort Collins is focused on in the 2015 Colorado
General Assembly and United States Congress. These priority topics, similar to the City’s
overall policies, are reviewed and updated annually. Revisions to the policy agenda and
priorities are adopted in November ahead of the Colorado General Assembly session.
Partnership and interagency collaboration are important methods for achieving optimal
legislative outcomes. On many federal and state issues, Fort Collins shares the concerns of
others within the community, within the region and other communities statewide. In these
cases, Fort Collins will seek opportunities to leverage additional resources and participate in
regional dialogue to achieve shared outcomes.
The City identifi ed seven outcome areas to ensure appropriate and effective resource
allocation supporting the community’s priorities. Fort Collins’ outcome areas include Culture
and Recreation; Economic Health; Environmental Health; High Performing Government;
Neighborhood Livability; Safe Community; and Transportation. The Policy Agenda identifi es
specifi c City Council-adopted goals associated with the policy statements. This alignment
is important for City staff to ensure that advocacy supports specifi c desired outcomes.
Fort Collins Legislative
Representation
United States Senate
• Cory Gardner
• Michael Bennet
458 Russell
Senate Offi ce Building
Washington, DC 20510
P: 202-224-5852
United States House
of Representatives
• Jared Polis
1433 Longworth
House Offi ce Building
Washington, DC 20515
P: 202-225-2161
COLORADO GOVERNOR
• John Hickenlooper
136 State Capitol
Denver, CO 80203
P: 303-866-2471
Colorado State Senate
• John Kefalas
Senate District 14
1525 Sherman Street
Denver, CO 80203
P: 303-866-4841
Colorado House
of Representatives
• Jeni Ardnt
District 53
1525 Sherman Street
Denver, CO 80203
P: 303-866-2917
• Joann Ginal
District 52
1525 Sherman Street
Rm 626
Denver, CO 80203
P: 303-866-4569
Larimer County Commissioners
• Lew Gaiter III, District 1
• Steve Johnson, District 2
• Tom Donnelly, District 3
200 W. Oak Street, Second Floor
PO Box 1190
Fort Collins, CO 80522-1190
P: 970.498.7010
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City of Fort Collins
Legislative Review Committee
The Legislative Review Committee (LRC) is a representative group of Council members that
reviews and reacts to proposed legislation on behalf of City Council and the City. In taking
a position on particular bills, the LRC interprets and applies the various policies that are
included in the Legislative Policy Agenda.
Council Members presently serving on the Legislative Review Committee are:
• Councilmember Wade Troxell, Chair
• Councilmember Lisa Poppaw
• Councilmember Ross Cunniff
Legislative Review Process
Bills introduced in the Colorado General Assembly, United States Congress and federal,
state or county regulations or rulemakings are reviewed by the Legislative Policy Manager.
Bills, regulation and rules addressing a stated legislative priority, or adopted policy position,
may be brought to the LRC for discussion of an offi cial City position. Once a position is
adopted on a bill, the Legislative Policy Manager conveys that information to the appropriate
state or federal representative and advocates for the City’s adopted position.
Staff liaisons support the LRC by contributing expertise in various areas of municipal
service. The input offered by staff experts is invaluable in analyzing impacts of legislative,
regulatory and rulemaking proposals to Fort Collins operations and the community. Fort
Collins also works with community partners to support local projects and staff collaborates
with representatives of other municipalities on mutually-held priorities. Fort Collins actively
seeks innovative partnerships to leverage positive outcomes for residents.
The City works closely with the Colorado Municipal League (CML) and the National
League of Cities (NLC) on many legislative items facing cities. Fort Collins works with the
Colorado Association of Municipal Utilities (CAMU), which represents 29 municipal utilities
throughout the state on utility issues. Fort Collins actively participates in the Colorado Water
Congress State Affairs Committee to address water-related issues.
Gerry Horak
Mayor Pro Tem, District 6
970-217-2993
Karen Weitkunat
Mayor
970-416-2154
Lisa Poppaw
District 2
970-817-0587
Wade Troxell
District 4
970-219-8910
Bob Overbeck
District 1
970-817-1411
Gino Campana
District 3
970-460-6329
Ross Cunniff
District 5
970-420-7398
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Legislative Priorities
Objective:
Cooperate with stakeholders on refinement
of Urban Renewal Authority laws
Issue:
An Urban Renewal Authority (URA) is a tool in place to identify and revitalize areas
of communities deemed blighted and provide a funding mechanism to encourage
redevelopment. The main funding source for URA is Tax Increment Financing (TIF)
generated through property taxes. In its best intention, urban renewal restores economic
vitality and improves the safety of a designated area. Redeveloping urban areas is much
harder and more expensive than new development in “greenfield sites”, thus responds
to larger, more costly infrastructure needs. The state of Colorado has empowered local
authorities to use Urban Renewal Authorities to encourage revitalization and the
elimination of blight in these areas.
URA law has been frequently modified by the General Assembly, including many changes
supported by the City. Fort Collins supports dialogue on URA refinement but does not support
bills that would eliminate the use of URA or TIF.
Fort Collins attempts to use URA and TIF judiciously but also recognizes the concerns
raised by counties, special districts and school districts about the use of TIF. URA is an
important and useful tool for Fort Collins in addressing community blight and encouraging
redevelopment rather than sprawl.
The state of Colorado
has empowered local
authorities to use Urban
Renewal Authorities to
encourage revitalization
and the elimination of
blight in these areas
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Objective:
Support local control of oil and gas operations
Issue:
Fort Collins, like many other Colorado communities, has taken steps to address oil and
gas extraction. Those efforts have been limited by the Colorado Oil and Gas Conservation
Commission (COGCC) rules. Fort Collins supports studying and better understanding the
health and community impacts of oil and gas extraction.
Fort Collins seeks the following:
• Increased local flexibility to regulate oil and gas activity within its incorporated borders
• Additional information about the chemicals being injected into the ground, especially
during hydraulic fracturing
• Greater knowledge and control of air emissions from extraction processes and production
equipment
• Enhanced right for communities to regulate oil and gas as an industrial practice and
therefore apply local zoning practices to operators
• Better balance between surface land ownership and mineral rights ownership
Fort Collins intends to use existing programs like the Local Government Designee (LGD) to
its fullest potential, but will also seek legislative remedies to areas of greatest concern. Fort
Collins will also work with other interested communities to address oil and gas operation
concerns. The City is monitoring the work of the Governor’s appointed Oil and Gas Task Force
and will provide comments as permitted.
Objective:
Support allowing local governments to provide broadband and enhanced
communication services
Issue:
In 2005, the Colorado General Assembly passed SB 152, “Competition in Utility and
Entertainment Services.” The legislature’s stated intent behind the act was predictability,
uniformity, and fairness in the cable television, telecommunications and high-speed
Internet access industries, especially where affected by municipal actions.
SB 152 prohibits local governments from directly or indirectly providing cable television
service, telecommunications service or advanced service. “Advanced service” is defined as
“high-speed internet access capability in excess of two hundred fifty six kilobits per second
both upstream and downstream.” Wired and wireless broadband services are included in
this category.
Fort Collins Information Technology Department can provide wired and wireless broadband
services to City offices and City-owned facilities, but is precluded from doing so by
state law. The City supports modifying or repealing the provisions of SB05-152 to allow
municipalities to provide this “advanced service” in their own buildings and facilities.
Fort Collins supports
studying and better
understanding the
health and community
impacts of oil and
gas extraction
7
Objective:
Advocate solutions to nuisance and safety issues related
to railroad proximity
Issue:
Communities throughout the United States are wrestling with issues related to railroad
proximity – these include the transport of hazardous materials, rail car safety, train horn
noise, transparency related to rail cargo and train switching. These issues affect quality
of life for residents and business owners and can result in catastrophic disasters in cases
of derailment.
Fort Collins has two active railroad corridors and is working regionally, through the Colorado
Municipal League (CML) and National League of Cities (NLC), to raise the profile of rail
proximity issues. In addressing rail safety and rail proximity issues, the City has active
relationships with Burlington Northern Santa Fe (BNSF) and Union Pacific (UP) railroad
companies and has cultivated a relationship with the federal regulatory body – the Federal
Railroad Administration (FRA).
In order to clean our air, reduce auto congestion and improve quality of life, several federal
agencies including the EPA, HUD and the Federal Transit Administration are encouraging
Transit Oriented Development. The idea behind Transit Oriented Development is to bring
residents closer to mass transit lines so that they can use mass transportation, and so
that downtown revitalization can occur. The Mason Corridor Bus Rapid Transit, which began
operation in 2014, is one example. At the same time, the FRA train horn rule in effect is
discouraging the development community and residents from locating around transit.
Reform is needed.
Trains have regained preference for transporting goods and materials. The increased use
of rail has added pressure to the system and identified several safety concerns – track
maintenance, tanker car safety, and notification of hazardous materials to public safety
leaders. Fort Collins will work to the following goals at a state and national level:
• Engagement with railroad companies
• Development of a “proximity issues” dialogue between railroad and local governments
on a broad suite of topics
• Notification about hazardous material shipments passing through communities
• Ensuring track maintenance and train car safety
• Collaborate with railroads to train local emergency personnel
In order to clean our air,
reduce auto congestion
and improve quality
of life, several federal
agencies including the
EPA, HUD and the Federal
Transit Administration
are encouraging Transit
Oriented Development
8
Objective:
Support marijuana law clarifications and alignment
with Colorado Constitution
Issue:
The passage and implementation of Amendment 64 legalized adult use marijuana in
Colorado. Fort Collins City Council approved limited adult use marijuana businesses and
sales in addition to existing medical marijuana businesses.
Fort Collins seeks clarification on the following items:
• Conflicts exist between state and federal laws regarding marijuana possession
• Enforcement of the new law and its impacts on local staff and public safety resources
• Rules pertaining to packaging and labeling marijuana and products containing marijuana
• Effectively funding prevention of under-21 possession and use
• Community public safety
• Limiting THC content per serving size and restrict packaging to a single serving
In addition to adult use marijuana, communities across the United States that have
authorized medical marijuana are struggling with implementation and the need for a
single, viable distribution system. At the core of the issues with both medical and adult use
marijuana is the classification of the drug. Marijuana is currently classified as a Schedule
1 drug, this designation means it cannot be prescribed by a doctor or handled through the
same distribution channels as other prescribed drugs. As a result, different states have
adopted approaches in conflict with federal laws. In Colorado, medical marijuana may be
recommended by a doctor but not prescribed. Work is needed at the federal level to clarify
this issue. The federal classification should be re-evaluated to consider allowing more
medical research. If it is determined that marijuana fits one of the other classifications and
does have medical benefits, it could be included in the existing drug delivery system.
Objective:
Participate in federal, state and regional efforts
to foster resilient communities
Issue:
Making communities more resilient to disaster and the effects of a changing climate has
become more important to Colorado communities over the last several years as natural
disasters have caused significant human and property loss. Resilience has become a
term used to describe hardening vulnerable community infrastructure and preparing for
predictable hazards in order to soften the blow on citizens and infrastructure.
Making Fort Collins and Northern Colorado more resilient involves providing decision-makers
hazard mitigation analysis and scientific data, then using that information to invest in
complementary systems. Northern Colorado’s experience is that resilience must be a regional
effort that pays off through coordinated advanced planning and investment.
Resiliency efforts are
important because they
impact a broad set of critical
services including:
• Land use
• Utility operations
• Transportation
infrastructure
• Sustainability services
• Health
• Safety
• Emergency Response
• Disaster recovery
9
Objective:
Support regional transportation infrastructure connectivity with an
emphasis on funding an integrated, multi-modal system
Issue:
Funding for vital transportation infrastructure continues to be a high priority for the City of
Fort Collins. Transportation infrastructure is a critical element to supporting community and
regional economic health, safety and quality of life.
We strongly support preservation of federal funding levels and full allocation of federal
motor fuel taxes and other federal transportation trust funds for their intended purposes.
In addition, we urge development of a new, more stable, long-range transportation funding
mechanism that doesn’t rely upon fuel tax revenues. Fuel tax is no longer a sustainable
method of funding the nation’s transportation infrastructure needs.
Fort Collins seeks a solution to secure critical funding of the nation’s highway and
bridge projects. Allowing the Highway Trust Fund to become insolvent would be devastating
to the City’s transportation infrastructure and have impacts throughout the Northern
Colorado economy.
The City supports a long-term reauthorization of the nation’s surface transportation law
with a focus on transit, livable community planning, comprehensive regional investments,
revitalization of existing infrastructure, pedestrian and bicycle infrastructure, and
approaches that decrease petroleum consumption and reduce carbon pollution.
Objective:
Pursue federal policies and resources needed to attain City-adopted
climate action goals
Issue:
Fort Collins has adopted aggressive climate action and greenhouse gas reduction goals.
The City supports policies and legislation helping communities to achieve specific
greenhouse gas reductions, gather scientific data supporting climate actions and to invest
in needed infrastructure to limit or reduce greenhouse gas emissions.
The “Empowering Local Clean Energy Action” federal policy agenda identifies key policies
and resources needed for local governments to sustain cleaner energy progress. These
include investments in federal programs such as the Department of Energy’s Energy
Efficiency and Conservation Block Grants, EPA’s Climate Showcase Communities, HUD’s
Sustainable Communities, and other programs that provide direct support for local
sustainability initiatives.
Fort Collins supports clarification at the federal and state levels of Property Assessed Clean
Energy (PACE) programs. PACE financing, an alternative to a loan, is designed to encourage
the installation of renewable-energy systems and improve energy efficiency by helping
property owners overcome the barrier of high up-front energy equipment and installation
costs. Home energy efficiency can be a significant contributor to community energy efficiency
and GHG-reduction goals.
10
Objective:
Support comprehensive water resource management
Issue:
Water resources from the Mountain West to California are stressed by many factors –
environmental, population growth and aging infrastructure. Local water resource planning
efforts ensure adequate supply to residents through managing the City’s water rights
portfolio, encouraging increased efficiency and expanding storage. Fort Collins will support
efforts to address water needs, preserve its water rights portfolio, and to encourage
conservation of water resources. The conservation of water resources extends to support for
Cache la Poudre River restoration projects.
Fort Collins will participate in the development of the Colorado Water Plan and the
development of the federal Environmental Protection Agency’s (EPA) Waters of the United
States rulemaking.
Objective:
Support waste stream management, reduction and resource strategies
Issue:
The Fort Collins community is just one member of a regional “waste shed” in Northern
Colorado. The City acknowledges this interdependence, and the role that state legislation
can, and should, play in applying broad measures such as setting a state waste diversion
goal and helping to support related strategies, which could also serve to reduce carbon
emissions and create opportunities for waste-to-energy applications when ultra-low
pollution conversion technology is used.
The City relies on regional and state-wide infrastructure and systems for conventional
landfill disposal alternatives such as commercial-scale composting, bio-digesters, recycled-
content manufacturers, and specialty landfills. We can be more effective at meeting the
community’s waste reduction goals through partnerships aimed at reduction, management
and resources strategies.
HB07-1288, the Recycling Resources Economic Opportunity Act, will sunset in 2017. The City
supports extending the provisions of this bill, which established a grant fund for recycling
projects using revenue from a seven-cents/ton surcharge on trash placed in Colorado
landfills. The City supports the grant program and further seeks steps to increase funding
for this high-performing recycling program.
Halligan Reservoir
The City plays both a
convening and leadership
role among the many
community service
providers – seeking to
foster sustainable solutions
to complex social issues
through a combination
of City involvement
and leadership.
Objective:
Support a comprehensive approach to reduce the impacts of poverty,
housing affordability and homelessness
Issue:
Poverty and homelessness are persistent issues in Fort Collins and across Colorado. Fort
Collins is committed to making homelessness rare, short-lived and non-recurring. The City
is interested in developing local solutions to these persistent problems through collaboration
and innovation. The City plays both a convening and leadership role among the many
community service providers – seeking to foster sustainable solutions to complex social
issues through a combination of City involvement and leadership.
Fort Collins supports solutions to address poverty within the community such as:
• Create an affordable housing fund
• Implement the Earned Income Tax Credit
• Fix the Child Care Tax Credit
• Develop or expand programs that ensure a smooth transition from foster care
to independence
• Increase funding for mental health care/programs
• Increase development of condominiums by addressing construction defect law
Objective:
Support the innovation economy
Issue:
Innovation is a key attribute of the City organization and is also important to the community.
Fort Collins has numerous drivers of innovation, intellectual property and inventions with
an educated resident base, Colorado State University, federal research labs, and a long list
of innovative companies. As a result, Fort Collins has a culture and support system that
nurtures an innovation economy with the City often serving as a living laboratory for ideas
and new technologies.
The City will maintain and enhance its innovation economy through:
• Supporting efforts to simplify the commercialization of intellectual property
• Efforts to increase the available capital to support innovation and new business formation
• Efforts that support the spin-off and development of intellectual property from research
institutes, private business, and higher education
• Efforts to encourage the retention of new and innovative businesses in the community
• Supporting business incubation, primarily through the commercialization of intellectual
property, with strong partnerships
• Application of innovative technologies and approaches to improve city programs
and services
City of Fort Collins Legislative Contacts
Legislative Review Committee
Name District/Title Email
Councilmember Wade Troxell District 4 wtroxell@fcgov.com
Councilmember Lisa Poppaw District 2 lpoppaw@fcgov.com
Councilmember Ross Cunniff District 5 rcunniff@fcgov.com
Wendy Williams Assistant City Manager wwilliams@fcgov.com
Carrie Daggett Interim City Attorney cdaggett@fcgov.com
Dan Weinheimer Legislative Policy Manager dweinheimer@fcgov.com
Legislative Staff Liaison Members
Topic Area Name Title Email
Affordable Housing and
Social Sustainability Beth Sowder Interim Social Sustainability Director bsowder@fcgov.com
Air Quality Melissa Hovey Senior Environmental Planner mhovey@fcgov.com
Cable Television Franchise Carson Hamlin Cable Television Manager chamlin@fcgov.com
Climate and Environmental Protection Lucinda Smith Environmental Services Director lsmith@fcgov.com
Elections, Liquor Licensing,
Medical Marijuana Licensing Wanda Nelson City Clerk wnelson@fcgov.com
Community Services J.R. Schnelzer Director of Parks jrschnelzer@fcgov.com
Energy Steve Catanach Light and Power Operations Manager scatanach@fcgov.com
Finance Michael Beckstead Chief Financial Officer mbeckstead@fcgov.com
Economic Health Josh Birks Economic Health Director jbirks@fcgov.com
Fire Protection and
Hazardous Materials Management Bob Poncelow Division Chief, Poudre Fire Authority bponcelow@poudre-fire.org
Human Resources Janet Miller Human Resources Director jmiller@fcgov.com
Legal Carrie Daggett Interim City Attorney cdaggett@fcgov.com
Natural Areas, Open Lands and Cache
la Poudre River Issues John Stokes Natural Resources Director jstokes@fcgov.com
Neighborhood and Building Services Mike Gebo Chief Building Official mgebo@fcgov.com
Planning and Land Use Laurie Kadrich Community Development and Neighborhood Services Director lkadrich@fcgov.com
Public Safety Cory Christensen Deputy Chief cchristensen@fcgov.com
Recycling and Solid Waste Susie Gordon Senior Environmental Planner sgordon@fcgov.com
Risk Management Lance Murray Risk Manager lmurray@fcgov.com
Stormwater Jon Haukaas
Water Engineering
Field Operations Manager jhaukaas@fcgov.com
Transportation Mark Jackson Planning, Development and Transportation Deputy Director mjackson@fcgov.com
Utilities Customer Service Lisa Rosintoski Utility Customer Connections Manager lrosintoski@fcgov.com
Water Supply and Quality Carol Webb Interim Water Resource and Treatment Operations Manager cwebb@fcgov.com