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Home My WebLink AboutAgenda - Full - Legislative Review Committee - 08/08/2017 - 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 8, 2017 4:00 – 5:00 p.m. Commons Conference Room, City Hall, 300 LaPorte Ave., Building A 1. Approval of minutes from July 11, 2017 Meeting (3 minutes) Attached: July 11 Minutes 2. Agenda Review (3 minutes) 3. Selection of Chair (5 minutes) 4. Potential State Legislative Efforts to Facilitate Water Sharing in the GMA. (15-20 minutes) Staff desires to work with Colorado State legislators, including Rep. Jeni Arndt (House Dist. 53), and the City Attorney’s Office to explore and pursue potential legislation that would facilitate water sharing between Utilities and area water providers. Analogous legislation facilitating water storage was passed last session as House Bill 17-1291, which was Rep. Arndt’s bill. Attached: Memo providing additional context 5. Potential Medical Marijuana Related Ballot Initiative (10 minutes) Leadership Planning Team has asked the LRC to review and weigh-in on a potential ballot initiative Attached: Memo that went to Council on July 27th 6. Update on Staff Approach to Small Cell Infrastructure Bill (15 minutes) 7. Discussion about potential topics and agency visits for September trip to Washington, D.C. (10 minutes) 8. Other business (5 minutes)  Policy Agenda Update  Possible LRC date change – consider the hour before Futures Committee 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 Meeting Minutes July 11, 2017 4:00 p.m. Commons Conference Room Councilmembers Present: Ken Summers, Ray Martinez, and Ross Cunniff (Alternate) Staff Present: Judy Schmidt, Jeanne Sanford, Ginny Sawyer, Jeff Mihelich, Tyler Marr, Alyssa Johnson The meeting came to order at 4:11 pm. Approval of Minutes LRC approved the minutes of the May 2nd meeting unanimously. Recommendation to Leadership Planning Team related to Small Cell Infrastructure Bill  Marr explained that Bill 1193 was passed and signed by the governor and went into effect July 1st.  Action has been taken around the state by various communities in response to the bill. For example, Boulder adopted a moratorium.  Three companies have approached the City  LRC discussed the potential for a moratorium. LRC also discussed continuing dialogue and building relationship with companies prior to issuing a moratorium. If dialogue is unsuccessful, then other legal actions should be considered.  Key questions/discussion about a moratorium: o Key questions:  What are we trying to do that would require a moratorium?  Answer: Avoiding companies installing aesthetically unacceptable equipment and placing unnecessary poles in right of way when attachment options exist  How long would a moratorium last?  Answer: A moratorium lasting 3-4 months would allow staff the time to develop regulations  LRC indicated that regulations should be developed so the City is prepared when applications are submitted.  There was support from LRC for continuing dialogue and relationship building with third party companies. Councilmember Cunniff expressed his support for continuing dialogue and bringing forth a moratorium. 2 Discussion about current federal issues and potential September trip to Washington, D.C.  Federal issues: president’s proposed budget & program cuts; Halligan reservoir; Train horn noise; and transportation (I-25)  Staff believes a trip to D.C. would be beneficial as the last non-NLC trip allowed for extended time with agencies and congressmen.  General agreement among LRC members that an additional trip in September would be beneficial and that invitation should be extended to the entire Council.  For next meeting: propose topics, draft agenda, potential trip dates, agency visits and gather interest among Councilmembers in attending the trip Process Improvements for 2018 state legislative session  Comment that process has greatly improved over the years, but it’s difficult to see presentations projected on the screen.  Request for more defined agenda and/or more structure for meetings in Denver with the legislature.  Staff suggested having major headers in city’s legislative policy agenda and changing the language as opposed to organizing it by department. Additionally, list federal priorities in separately priorities.  Modifications should be made to bill tracker to provide more information on the bill’s action to the committee. o Specifically, add a section that captures rationale on support/oppose, or oppose unless amended and include what that amendment would be. Other Business  Waters of the US Rule is being rescinded and citizens have expressed concern because it affects Fort Collins. However, the impact of federal changes cannot be anticipated. o Tyler will check with Matt to see if we can act voluntarily even though the rule has been repealed. o Regulations for nitrates and other brewery-relevant regulations should be considered.  Discussion of a time-change proposal for LRC meetings. Ginny will investigate potential dates and times.  With respect to the homicide in Fort Collins by a registered sex offender, interest was expressed for viewing options within the state legislature for people who are registered sex offenders but do not have a place of residence. Specifically how can we track them? Meeting adjourned at 4:55pm. Utilities electric · stormwater · wastewater · water 700 Wood Street PO Box 580 Fort Collins, CO 80522 970.221.6700 970.221.6619 – fax 970.224.6003 – TDD utilities@fcgov.com fcgov.com/utilities M E M O R A N D U M TO: Legislative Review Committee THRU: Darin Atteberry, City Manager Kevin R. Gertig, Utilities Executive Director FROM: Carol Webb, Water Resources Treatment and Operations Manager DATE: July 26, 2017 RE: Potential State Legislative Efforts to Facilitate Water Sharing in the GMA ______________________________________________________________________________ Bottom Line: Staff desires to work with Colorado State legislators, including Rep. Jeni Arndt (House Dist. 53), and the City Attorney’s Office to explore and pursue potential legislation that would facilitate water sharing between Utilities and area water providers. If approved, staff would provide periodic updates to the Legislative Review Committee. Background: Utilities staff has been involved in ongoing discussions with the East Larimer County Water District and the Fort Collins-Loveland Water District (“Districts”) regarding regional water collaboration. E.g. Resolution 2017-029. Utilities also delivers water to the Districts pursuant to several existing agreements. One topic of discussion has been how to more efficiently use Utilities’ and the Districts’ water rights more efficiently across the Growth Management Area (GMA). Issue: Many of Utilities’ and the Districts’ water rights can only be used in the water providers’ respective service areas. This can be changed through a Water Court process that is costly (in time and money) and risky (because other water users can attack the water rights being changed). This creates significant barriers that effectively preclude potentially mutually-beneficial arrangements. Potential Solution: The Colorado State Legislature could enact legislation authorizing water sharing among municipal water providers – without the need for Water Court – in certain circumstances where no injury to other water rights would result. Analogous legislation facilitating water storage was passed last DocuSign Envelope ID: 6B5B24A6-2D59-4B53-8F2B-A7F24590F3BD session as House Bill 17-1291, which was Rep. Arndt’s bill. This concept was discussed briefly with Rep. Arndt at the annual Tri-City District Water Board Meeting on May 25, 2017. Such legislation would reduce significant barriers to regional collaboration for water sharing and planning, which would promote efficiency and conservation across the GMA. It would also increase the City’s ability to flexibly use its water resources across the GMA for the benefit of its ratepayers, and to meet current obligations. This is consistent with the 2017 Legislative Policy Agenda, adopted November 15, 2016. That policy states at page 25 that the City supports: encouraging regional collaboration for water planning, and efficiency and conservation implementation; and enabling the City to develop, protect, and increase the flexibility and resiliency of its water supply under Colorado’s appropriation doctrine. Next Steps: Staff desires to work with Rep. Arndt and others to explore and pursue potential legislation on this issue, including at the Colorado Legislature’s Water Resources Review Committee on September 6- 7, 2017. If approved, staff would provide periodic updates to the Legislative Review Committee. Pc: Eric Potyondy, Assistant City Attorney DocuSign Envelope ID: 6B5B24A6-2D59-4B53-8F2B-A7F24590F3BD