Loading...
HomeMy WebLinkAboutMinutes - Legislative Review Committee - 07/16/1993 -FROIt Andrea RIEGER /‘C/Ol C TO:Claudia BENEDICT /CFCS2/Ol Eric BR.ACKE /CFC52/Ol Jerry BROWN /CFCS2/Ol Pete DAIJLOW /CFC/O1 Molly DAVIS /CFC/O1 Susanne EDMINSTER /CFC/O1 Stewart ELLENBERG /CFC/O1 David FELDMAN /CFC/O1 Tom GALLIER /CFC52/O1 Warren JONES /CFC52/Ol Alan KRC4ARIK /CFC/O1 Bob NASTAN /CFC52/O1 Tom PETERSON /CFC52/O1 Steve ROY /CFC/O1 Jon RUIZ /CFC52/O1 Tom SHOEMAKER /CFCS2/O1 Mike SMITH /CFC52/O1 Brian WOODRUFF /CFC52/01 LRC STAFF MEETING MINUTES 7/16/93 Discussed the issue paper format.Decided to use a more detailed format: 1.Includes some historical sense of our policies. 2.Tries to anticipate the “hot0 issues for the ‘94 General Assembly. This may give us an idea of the positions Council members are interested in.Should have the complete issue paper packet adopted by resolution by the full Council. Attached are copies of the Colorado Springs model.Staff to work on drafts of the issue papers (issues as listed in the evaluations -also other issues which are appropriate.)Will hold another LRC staff meeting on Friday,September 3,at 1:00 in the Admin. Conference Room to discuss draft issue papers.Will also discuss process guidelines for using these issue papers and the additional resources which may be needed. Tentatively present a draft package of issue papers to the LRC at the Sept.10 meeting. 0 C CITY OF COLORADO SPRiNGS 1993 tIre Agenda COLORADO SPRINGS LEGISLATIVE PROCESS The Intergovernmental Affairs Office coordinates the City’s legislative lobbying activities at the State and federal levels of government,which includes initiating legislation to address issues of City concern,and responding to legislation and regulations initiated. Colorado Springs reviews all bills before the Colorado General Assembly.Bills of municipal interest are analyzed by appropriate staff and a City position of support, oppose,or monitor is recommended to City Council.Federal issues are brought to the attention of City Council in a similar manner.Lobbying positions are established by City Council based upon administrative recommendations. The 1993 Legislative Agenda was developed in advance of the 1993 General Assembly to facilitate the State process.While the agenda does not state positions on specific legislation,it identifies general issues of interest to the City of Colorado Springs,which have historically been addressed by the General Assembly.Many policy statements apply to federal issues as well.The City Council policy statements on all issues are necessarily very broad and are by no means all inclusive.The City will continue to contact Legislators regarding City positions on specific bills throughout the legislative sessions. Ann Altier is the City’s Intergovernmental Affairs Specialist and is responsible for coordinating and momtoring City legislative positions.Ann is the link between department staff,City Council and Legislators.She can be contacted in the City Administration offices at 719-578-6422.Clell Elwood is the City’s contract lobbyist for direct communications with State Legislators at the Capitol during legislative sessions. Colorado Springs City Council members also welcome the opportunity to discuss the City’s legislative positions with Legislators.Council members offer this Agenda as a guideline to Legislators for reference when considering legislation impacting Colorado Springs. Page 1 0 COLORADO SPRINGS LEGISLATIVE AGENDA TABLE OF CONTENTS LEGISLATIVE PROCESS Page 1 CITY COUNCIL Page 2 ISSUES Home Rule Page 3 Open Government Page 3 Civil Rights Page 4 Sovereign and Governmental Immunity Page 5 Human Resources Page 5 General Finance Page 6 Sales&UseTax Page 7 Tax and Expenditure Limitation Page 7 Economic Development Page 8 Annexation Page 8 Public Safety Page 9 Fire and Police Pensions Page 10 Transportation Page 11 Housing Page 11 Lottery/Great Outdoors Colorado Trust Fund Page 12 Telecommunications Page 13 Utilities Page 14 Stormwater Page 17 C COLORADO SPRINGS CITY COUNCIL MAYOR ROBERT M.ISAAC,578-6600 DISTRICT I MARY LOU MAKEPEACE,6334742 DISTRICT II LARRY L.SMALL,599-9481 DISTRICT III VICE MAYOR LEON YOUNG,633-2621 DISTRICT IV DAVID S.WHITE,527-0197 AT-LARGE F USA ARE,6324144 CHERYL D.GILLASPIE,5764670 JOHN 6.HAZLEHURST,548-8851 RANDALL W.B.PURVIS,578-9800 Page 2 CITY OF COLORADO SPRINGS 1993 Legislative Agenda HOME RULE The Colorado Springs City Council acknowledges the Home Rule status of the City of Colorado Springs through the provisions of its City Charter,and recognizes the necessity of local control and management of matters of local concern.The City Council believes that the principle of home rule authority affords the citizens of Colorado Springs greater access to local government and greater opportunity for participation in and contribution to the decision making process,thereby enhancing the quality of life in the community and the ability of local government to respond to the needs of its citizens. Therefore,the Colorado Springs City Council supports the following policy statements: •Support legislative efforts to strengthen home rule authority of local municipal governments. •Oppose legislation that mandates State or federal intercession in matters of local concern and which unnecessarily or adversely affects the City’s ability to manage pursuant to its home rule authority. OPEN GOVERNMENT The Colorado Springs City Council recognizes the importance of open discussion of matters affecting the citizens of Colorado Springs and the need for heightened public awareness of issues and problems facing the City.The Council further recognizes the significant contribution made by members of the public to the decision making and policy-making process and the necessity of citizen involvement in a home rule municipality. Therefore,the Colorado Springs City Council supports the following policy statements: •Support conducting government business and formulating public policy in public. •Oppose legislation which limits the City’s home rule authority in determining the processes by which it conducts its business. Page 3 C CITY OF COLORADO SPRINGS 1993 LegIslative Agenda Onen Records •Encourage all departments of city government to be accessible to the public in order to maintain good public relations,to keep the public informed of City actions and issues,and to benefit from citizen input. a Support legislation that encoura~es self-analysis for environmental compliance,and maintains confidentiality of information developed during self-analysis. Clvi L RIGHTS The Colorado Springs City Council recognizes the inalienable right of the citizens of Colorado Springs to their constitutionally-guaranteed freedoms and privileges.The Council further recognizes that City officers and employees,as individuals,are entitled to such freedoms and privileges. Therefore,the Colorado Springs City Council supports the following policy statements: •Support legislation that protects the civil rights to which the citizens of Colorado Springs are entitled under the United States and Colorado Constitutions. •Support legislation that protects the civil rights to which municipal officers and employees are entitled under the United States and Colorado Constitutions. •Support legislation that discourages baseless and frivolous legal claims and demands made against municipalities and their officers and employees in the name of civil rights violations. •Oppose legislation that duplicates,expands upon,or establishes different standards than existing federal regulations. Page 4 0 0 CITY OF COLORADO SPRINGS 1993 Legislative Agenda SOVEREIGN AND GOVERNMENTAL IMMUNITY The Colorado Springs City Council recognizes that the complexity and diversity of City operations and services required to meet the needs of the citizens of Colorado Springs may expose the City and its officers and employees to liability for damage and injury. The Council further recognizes that City officers and employees must be confident that they have the City’s support in the lawful and proper performance of their assigned duties and responsibilities. Therefore,the Colorado Springs City Council supports the following policy statements: •Support legislation that protects the interests of municipalities and their officers and employees in the lawful and proper performance of their duties and responsibilities. •Support legislation that discourages baseless and frivolous claims and demands that can be made against municipalities and their officers and employees. •Oppose legislation that expands or increases municipal liability or,conversely, further limits municipal immunity. HUMAN RESOURCES The City of Colorado Springs as an employer administers Equal Opportunity, Employment and Employee Benefit Programs.The City’s liability,workers’ compensation and health programs are self-funded.Pension plans are provided through membership in the Colorado Public Employees Retirement Association (PERA). Therefore,the Colorado Springs City Council supports the following policy statements: •Support retention of the Colorado Workers’Compensation System which stipulates that participation in the Workers’Compensation program is the sole and exclusive remedy for employees injured on the job. •Encourage legislative restraint in proposing changes to the State Workers’ Compensation Act,allowing the impact of SB 91-218 to be determined. Page 5 r CITY OF COLORADO SPRINGS 1993 Legislative Agenda •Oppose legislation that increases costs of the City’s workers’compensation program. •Support legislation that maintains or reduces the employer or employee PERA pension and retiree health insurance costs. •Oppose changes in the State unemployment compensation program which increase costs to the employer. •Oppose legislation that requires mandatory participation or participation rates in employment,benefit,or occupational safety programs. GENERAL FINANCE The City of Colorado Springs is impacted by State financial policies. Therefore,the Colorado Springs City Council supports the following policy statements: •Support equitable sharing with municipalities of existing and increased revenues derived from traditional State-collected,locally-shared revenues (i.e.,cigarette tax,Highway Users Tax Fund,lottery). •Support proportional share to the Colorado Springs community of revenue distributed through statewide competitive grant processes (i.e.,limited gaming revenues,drug control and system improvement funds,Great Outdoors Colorado Trust Funds). Page 6 0 0 CITY OF COLORADO SPRINGS 1993 LegIslative Agenda SALESAND~1AX The City of Colorado Springs levies,administers,and collects its own sales and use taxes under its home rule authority.Sales and use taxes comprise approximately 46% of General Fund revenues and approximately 85%of the ongomg capital improvements funding for the City.It is estimated that these revenues would decrease as much as 20%to 25%if the City were forced to adopt the much narrower State sales tax base and revert to central,State collection of revenues. Therefore,the Colorado Springs City Council supports the following policy statements: •Support legislation that maintains local control over base,rates,collection and administration of sales and use taxes. •Support cooperative efforts of State,business,and municipal entities to simpli~’sales and use tax collections. TAX AND EXPENDITURE LIMiTATION On November 3,1992,Colorado voters approved a State constitutional amendment imposing tax,spending,and revenue limitations on all government. Therefore,the Colorado Springs City Council supports the following policy statement: •Encourage a State-local government partnership so that State government implementation of State tax expenditure and revenue limitations is in keeping with the intern of the electorate but does not inappropriately burden the City of Colorado Springs or its citizens. Page 7 C CITY OF COLORADO SPRINGS 1993 LegIslative Agenda ECONOMIC DEVELOPMENT The Colorado Springs City Council recognizes the importance of developing and maintaining a healthy economy in the Colorado Springs area and the need to provide primary jobs,an improved business climate,equal treatment for new and existing firms creating primary jobs,tools to respond quickly to new opportunities,and specific economic development objectives that support strong public and private sector economic development programs. Therefore,the Colorado Springs City Council supports the following policy statements: •Support tax policy which encourages investment in capital equipment and facilities for primary employers. •Support use of tax revenues generated by expansion and new location of primary employers to finance infrastructure,education,training,and facilities for expanded work force. •Support legislation expanding Enterprise Zone benefits statewide. •Support increased benefits for economically disadvantaged areas of the state. •Support State statutory changes that clarify tax exemption for utilities used in the manufacturing process. ANNEXATION The Colorado Springs City Council recognizes the need for an affirmative annexation policy which encourages review on a case-by-case basis of benefits and liabilities of annexations to the city and the City’s ability to provide adequate services to the citizens affected.The Council further recognizes its role in actively controlling the city’s quality of life and strong neighborhood and community identity through orderly,balanced growth. Therefore,the Colorado Springs City Council supports the following policy statements: •Support legislation that clarifies and simplifies the municipal annexation process. Page 8 .0 CITY OF COLORADO SPRINGS 1993 Legislative Agenda •Encourage legislation that reduces or eliminates restrictions on municipal annexation powers. •Support intergovernmental cooperation and coordination in matters such as zoning,subdivision and code enforcement. PUBLIC SAFETY The Colorado Springs City Council recognizes the critical importance of maintaining public order,providing a safe environment,and protecting the lives and property of the citizens of Colorado Springs. Therefore,the Colorado Springs City Council supports the following policy statements: nfl •Support legislation adopting a State fire code,the code of choice being the Uniform Fire Code,which establishes a State minimum standard for fire code enforcement in existing and newly-constructed structures.Permit local option for municipalities to impose more restrictive standards. •Support revisions to State regulations enforced by the State Health Department that enhance life safety in Nursing HomelHealth Care Facilities. •Support legislation that bans the sale of fireworks in counties/unincorporated areas. •Support legislation that expands the authority of insurance agencies to exchange investigative arson information with fire departments and law enforcement agencies. Page9 r CITY OF COLORADO SPRINGS 1993 Legislative Agenda Police •Support legislation that strengthens the Colorado Public Nuisance Act and the Colorado Contraband Forfeiture Act. •Oppose legislative efforts to eliminate or divert funds derived from asset forfeiture to any agency or fund other than law enforcement. •Discourage requirements upon criminal justice agencies for subpoenas or fees to obtain financial disclosure information from banking institutions. •Support ongoing distribution by the State of federal funds to Drug Abuse Resistance Education (D.A.R.E.)programs. FIRE AND POLICE PENSIONS The Colorado Springs City Council believes that public safety employees,who are provided pension and death and disability benefits separate from those of other City employees,must be able to rely on continued State funding of these benefits.While the Council is aware of budget constraints at the State level,it also believes that because police officers and fire fighters are responsible for enforcing State laws,and because the State mandates the rules and regulations controlling the benefits program,it is appropriate for the State to provide the funding.To have it otherwise would subject these employees’futures to a highly politicized State budget process and would place economic hardship on local governments who already pay the salaries of these employees and who also face revenue limitations. Therefore,the Colorado Springs City Council supports the following policy statements: •Support legislation that continues the current or an increased level of dependable and predictable State funding for pension,death and disability benefits for local and volunteer public safety employees. •Oppose legislation that subjects State funding of these benefits to possible reduction or limitation or which in any way shifts funding to local governments. Page 10 0 CITY OF COLORADO SPRINGS 1993 LegIslative Agenda TRANSPORTATION The Colorado Springs City Council recognizes the importance to the City of Colorado Springs of cooperation and coordinated planning among the vasious federal,State and local agencies involved in the delivery of transportation services and the development, expansion,maintenance and repair of the transportation infrastructure. Therefore,the Colorado Springs City Council supports the following policy statements: •Support legislative efforts to increase the role of local governments in the transportation planning process. •Support legislation and regulatory action that maintains or increases the level of funding provided by the State or passed through the State by the federal government for transportation-related activities at the local level,including highways,bridges,aviation,and transit. •Support legislation that expands transportation planning and funding to include an increasingly multi-model perspective focusing on electric and natural gas-powered vehicles,pedestrian ways,bikeways,and multi-use trails. HOUSING The City of Colorado Springs’Comprehensive Plan,adopted by City Council in March 1991,includes the stated housing goal to “encourage a diversity of housing types, densities and locations in order to provide a sufficient supply and choice of housing at varied price and rent levels to meet the needs of the entire community,including low and moderate income families.” Therefore,the Colorado Springs City Council supports the following policy statements: •Support legislation creating new or enhancing existing affordable housing programs,such as the Colorado Division of Housing and the Colorado Housing Finance Authority loan and grant programs,community development corporations,and Resolution Trust Corporation initiatives. •Encourage legislative restraint in State regulation of local Housing Authorities and Urban Renewal Authorities. Page 11 r CITY OF COLORADO SPRINGS 1993 Legislative Agenda LOn FRY/GREAT OUTDOORS COLORADO TRUST FUND The Colorado Springs City Council acknowledges the importance of lottery funds to support and develop parks in Colorado Sprinp.Since the inception of the Colorado lottery program in 1984,the City has received over $13.9 million for parks and recreation projects which enhance the quality of life for local citizens and visitors. Therefore,the Colorado Springs City Council supports the following policy statements: •Encourage support,at the same or increased levels,from lottery programs for local parks and recreation projects and programs. •Oppose any effort to alter the 1988 disthbution formula in a manner which reduces the proceeds for local parks and recreation projects and programs. •Continue to encourage acceptable levels and equal consideration of funding for maintenance and equipment acquisition. •Support the appointment of a Colorado Springs representative to a Fifth Congressional District seat on the State board of the Great Outdoors Colorado Trust Fund. •Great Outdoors Colorado Trust Fund monies will be administered by a competitive grant process.Support rules and regulations which will insure a thir share revenue return to Colorado Springs. •Encourage a broad definition of open space and parks in the Great Outdoors Colorado program,to include municipal facilities such as urban parks,athletic fields and recreation facilities. •Encourage the term “statewide si;nificance”in the Great Outdoors Colorado program be inclusive of projects sigmficant to metropolitan areas. Page 12 0 CITY OF COLORADO SPRINGS 1993 LegLslative Agenda •Clarify terms specific to competitive grants and competitive matching grants with the broadest definition being established as to purposes and permitted uses of each type of grant.Allow the use of Conservation Trust Funds (original lottery per capita allocation),distributed on a per capita basis,as a match to these grants. •Monitor future allocations for capital construction projects during the five year phase-out period to guarantee a proportional share be returned to the Colorado Springs community. •Monitor expenditures from the trust fund to assure that water markets are not adversely impacted and that the City can continue to develop water supplies for the future. ThLECQ~CAEQ~ The Colorado Springs City Council recognizes the importance of telecommunications technology in maintaining a healthy business climate and enhancing the quality of life of its citizens. Therefore,the Colorado Springs City Council supports the following policy statements: •Support legislation that encourages the growth of competition in the telecommunications industry by deregulating network and equipment services whenever practicable,and that encourages the continued evaluation and implementation of telecommunications technology at reasonable cost to all citizens. Page 13 r C~~Y OF COLORADO SPRINGS 1993 LegislatIve Agenda COLORADO SPRINGS UTILITIES The goal of the Colorado Springs Utilities Department is to provide electric,gas, water,and wastewater service to the citizens of Colorado Springs in a financially sound, reliable,safe,and environmentally acceptable manner.The City supports legislative measures to further this goal.Since Colorado Springs Utilities is governed by City Council,an elected board,it is important to maintain the greatest degree of local control over planning and operation.To that end,it is important to minimize legislative and regulatory impacts on the operation of Utilities,thereby allowing local government to act in its own best interests.As a business,it is necessary to maintain and enhance the Utilities competitive advantage.Furthermore,it is also important to balance economic growth with quality of life,including protection of the environment. Therefore,the Colorado Springs City Council supports the following policy statements: General •Support legislation that reasonably limits liabilities of the Electric,Gas, Water,and Wastewater operations. •Support legislation that limits liability for waste cleanup costs under the federal CERCLA law where the municipality demonstrates due care and absence of fault in connection with waste disposal at the site;provides for apportionment of cleanup costs based on toxicity;provides that municipal liability for cleanup costs at a waste cleanup site can only be assessed by the federal government;and,provides an early and fair means of settlement for municipalities named as liable parties at waste cleanup sites. •Maintain current legal authority to acquire rights-of-way and support legislation which limits monetary damages to “the remainder”of properties and considers increase in property values by virtue of utility service availability. •Support legislation that limits the Colorado Department of Health’s authority to promulgate environmental regulations more stringent than federal regulations. •Support legislation that maintains local control in the utility planning process for the timing and siting of new facilities,for demand-side management,and for integrated resource planning. Page 14 0 CITY OP COLORADO SPRINGS 1993 LegIslative Agenda Electric •Support appropriate and equitable funding levels for air quality programs sufficient to cover the actual cost of administering those programs. i Encourage legislation that clarifies municipal utilities have the sole right to serve lands within their city limits without the requirement to share revenues with utilities previously serving annexed areas. •Support legislation that ensures equity between private investor-owned utilities,rural electric cooperatives,and publicly-owned municipal utilities. •Support coal and rail transportation legislation that provides economic benefit to the users of electric service. •Support energy conservation legislation that maximizes local control and allows conservation activities to reflect local conditions with favorable operation ratios to compensate for electric load reductions. •Encourage federal and State agencies to adopt a reasoned approach to the electromagnetic field issue based upon sound scientific data. GM •Support legislation that improves gas utilization safety. •Support energy conservation legislation that maximizes local control and allows conservation activities to reflect local conditions with favorable operating ratios to compensate for gas load reductions. Water •Support water conservation leçislation that maximizes local control and takes into consideration local plans in place and water conservation activities which reflect local conditions. •Support instream flow legislation that clarifies that the Colorado Water Conservation Board can accept only absolute decreed water rights and that inundation of instream flow is not a material injury. Page 15 r CITY OP COLORADO SPRINGS 1993 Legislative Agenda •Support legislation that adequately funds Safe Drinking Water Act programs. Such funds should be provided by federal and State agencies mandating these programs and not by a surcharge or user fee on utility ratepayers. •Support the separation of water quality and quantity issues and ensure that legislation does not impair legitimate exercise of water rights under the prior appropriation doctrine. •Support legislation protecting water rights as a private property right and preserving the principles of the prior appropriation doctrine. •Support Wilderness and Wild and Scenic designation which insures that existing and future uses of water are protected. •Support Basin of Origin legislation only if it recognizes the right to divert and apply water to beneficial use,limits mitigation and compensation to the effects of project construction and treats all in-basin and out-of-basin water users in a fair and equitable manner. •Support legislation that clarifies the Land Use Control Act so that it is consistent with the City’s policy on Basin of Origin. •Support legislation that clarifies and develops reasonable guidelines for the standard of proof necessary to obtain and prove diligence on conditional water rights. •Support legislation that would once again allow the use of the Colorado Water Conservation Board construction fund for municipal water supply purposes including,but not limited to,monitoring and treatment requirements mandated by the Safe Drinking Water Act. Page 16 0 0 CITY OF COLORADO SPRINGS 1993 Legislative Agenda Waste water •Support reauthorization of the federal Clean Water Act to include comprehensive watershed management consistent with State water law,and adequate federal and State funding of mandated programs. •Oppose user fee or surcharge funding mechanisms to finance mandated requirements. •Support water quality legislation resultin;in reasonable water quality control regulations that are cost effective and result m identifiable benefits. STORMWATER The Colorado Springs City Council recognizes the importance of working cooperatively with other governmental entities to implement and manage efficient,cost-effective environ mental control programs in response to federal mandates. Therefore,the Colorado Springs City Council supports the following policy statements: •Support adequate federal and State funding of mandated programs under the federal Clean Water Act. •Support amendments to the federal Clean Water Act which set realistic goals and implementation deadlines for the stormwater program,take into account technological feasibility and cost factors,and base compliance on implementation of a locally-developed stormwater plan. •Support legislation that limits the State stormwater program to no more stringent than the federal program,and that limits appilcation of storniwater controls to those facilities required to comply with the federal stormwater discharge program. Page 17