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Home My WebLink AboutAgenda - Mail Packet - 8/13/2013 - Legislative Review Committee Agenda - August 13, 2013City 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 13, 2013, 4:00 p.m. City Manager’s Conference Room 1. Approval of minutes from July 9, 2013 meeting 2. Legislative Policy Agenda o Discussion to include: a) Alignment with Strategic Outcomes b) New items for inclusion c) Items to remove d) Format update e) Samples of other communities’ Policy Agendas 3. Other business 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 9, 2013, 4:00 p.m. City Manager’s Conference Room Present: Wade Troxell, Councilmember; Lisa Poppaw, Councilmember; Ross Cunniff, Councilmember; Wendy Williams, Assistant City Manager; Steve Roy, City Attorney; Dan Weinheimer, Legislative Policy Manager Absent: None Guests: Dale Adamy Councilmember Troxell called the meeting to order at 4:08 pm. Adoption of the minutes from the June 11, 2013 meeting were moved for approval by Councilmember Cunniff and seconded by Councilmember Troxell. Minutes were adopted without amendment. Steve Roy sought to clarify part of the agenda – where, under Fort Collins, the item listed said Open Records/Elections. Dan Weinheimer discussed that the item was listed for inclusion in the 2014 Legislative Policy Agenda and was intended to capture a broad discussion of items related the City Clerk office in the policy agenda. Dan noted that the inclusion was due to the fact that the City Clerk’s responsibilities were largely missing from the 2013 Policy Agenda. Dan began by describing some of the anticipated topics for the 2014 General Assembly session. He described that the purpose of this review was to ensure that Fort Collins was prepared with positions for these topics. He expects Urban Renewal Authority to be a topic in 2014 and stated that he has spoken with Rep. Randy Fischer about working together on possible legislation. Steve Roy mentioned that this issue is one that staff should work to develop some policy options to offer the LRC. Community broadband is another issue expected to come forward in the 2014 Assembly session. SB05-152 is the existing law and it restricts governments from providing free Wi-Fi and other “advanced services” like high-speed internet to the public and businesses. Dan said that it appears the City of Boulder is gearing up to take a lead on the issue. Fort Collins IT is supportive of amending the law to at least provide internet service within City-owned facilities where currently the City pays for this service from a commercial provider. There are additional proposals to offer high-speed internet to Colorado State University or federal research labs 2 both in Fort Collins and Boulder so the City might want to pursue a more aggressive remedy to SB05-152. Dan will work with Boulder on its efforts around this issue. Implementation of Amendment 64 is likely to continue in 2014 with the Assembly considering additional improvements to the laws around adult- use/recreational marijuana. Councilmember Troxell asked whether the legislature is likely to only consider recreational marijuana. Dan said that there has been specific discussion of some improvements to the implementation of Amendment 64 but that it is possible there may be action on all marijuana use. Steve mentioned that the Colorado City Attorney group was actively seeking advisement from the state ethics board about advising clients about police and licensing officials handling marijuana issues. Adopting a statewide uniform sales and use tax will be a topic brought forward by at least one legislator, Rep. Kathleen Conti. Dan said that Rep. Conti has made this issue her main focus in the legislature and is seeking to develop a bill to standardize the rate of sales and use tax collected in Colorado. This is a concern for Fort Collins and other cities as this is a primary source of operating revenue. Dan said that oil and gas is expected to be a topic in 2014 as it has been in past sessions. Many of the proposals offered in 2013 were unsuccessful and it is unclear whether the same proposals would be offered in 2014 or how these would be altered. Councilmember Cunniff asked whether renewable energy was expected to be an issue in 2014 and if Fort Collins had positions to address bills. Wendy Williams said that there are positions already in the Policy Agenda on this topic but that staff could review them to ensure they reflected Council’s priorities. Councilmember Troxell mentioned to the group that he had discussed train horns with Pam Shaddock (District Director for Senator Mark Udall) and Senator Udall’s transportation person. He recommended a demonstration of new or alternative technology and that the Federal Railroad Administration is encouraged to open their thinking beyond the “same old” strategies. Dan briefed the LRC that he had participated in discussions with the FRA’s regional office about solutions in Fort Collins in an attempt to address local train horn noise. He said that discussions are ongoing with FRA. Councilmember Cunniff wondered if there are statistics about involuntary train accidents and Dan said he thought that information was included in the quiet zone study review. Councilmember Cunniff also wondered whether an accident like the one in Quebec (a train carrying oil tankers crashing and exploding in a community) was possible in Fort Collins. Councilmember Poppaw wondered if the City has control over hazardous material transportation rules. Dan said that he could follow up with the Office of Emergency Management for details on train accident preparedness and that he 3 thought the federal government would maintain the rules on movement of hazardous materials through communities. The LRC discussed specific issues for inclusion in the 2014 Legislative Policy Agenda. He mentioned that there have been proposals in each of the last two sessions to have local building inspectors take on state inspection responsibility. He said that there is nothing in the Legislative Policy Agenda to address building inspection or changes to building codes. Councilmember Troxell expressed support for local control and an option to accept additional responsibility. Councilmember Cunniff said that if there could be fees assessed to the agency or organization to help fund the additional work for staff then he would consider additional inspection. Dan reiterated the community broadband discussion was not yet defined but that there was no specific language in the current Policy Agenda to support this priority. He also returned to the earlier discussion of writing a set of City Clerk- related policy statements. Finally, he pointed out there is not a set of policy statements concerning social sustainability. Councilmember Poppaw said that she would support social sustainability being included. Finally, the LRC reviewed the June 27 meeting with local legislators where Councilmembers were able to talk with Senator John Kefalas, Representatives Randy Fischer and Joann Ginal. Councilmembers Troxell and Cunniff both said that they felt it was a useful meeting and good discussion. Dan informed the Committee that he had followed up with the state legislators directly on some of the issues raised at the meeting. He also told the LRC that he was working on forging some partnerships with other legislative staff representing Fort Collins- based interests including CSU, Platte River Power Authority and others. Councilmember Troxell wrapped up the meeting asking what would be discussed at the next meeting. Dan said that he expected that he would have a first draft of the 2014 Legislative Policy Agenda for comment as well as updates on possible sponsored legislation and issues important to Fort Collins. The meeting was adjourned at 4:56 pm. 1 LEGISLATIVE POLICY AGENDA 2013 2014 Adopted November 20, 2012 2 TABLE OF CONTENTS TOPIC PAGE INTRODUCTION 3 ALIGNMENT FORT COLLINS LEGISLATIVE REVIEW COMMITTEE 3 LEGISLATIVE REVIEW PROCESS 2014 LEGISLATIVE PRIORITIES LEGISLATIVE POLICY STATEMENTS 5 CULTURE, PARKS AND RECREATION CULTURAL SERVICES 5 PARKS AND RECREATION 5 ECONOMIC HEALTH FINANCE 6 INVESTMENTS 6 PRIVATIZATION 7 ENVIRONMENTAL HEALTH AIR QUALITY 7 CLIMATE AND ENVIRONMENTAL PROTECTION 9 NATURAL AREAS AND OPEN LANDS 9 RECYCLING AND SOLID WASTE 10 HIGH PERFORMING GOVERNMENT HOME RULE 10 HUMAN RESOURCES 11 RISK MANAGEMENT 12 SOVEREIGN AND GOVERNMENTAL IMMUNITY 12 TELECOMMUNICATIONS 13 UTILITY SERVICES 13 ENERGY 13 WATER SUPPLY AND QUALITY 14 NEIGHBORHOOD LIVABILITY AFFORDABLE HOUSING 15 PLANNING AND LAND USE 15 SAFE COMMUNITY FIRE PROTECTION 16 HAZARDOUS MATERIALS MANAGEMENT 16 PUBLIC SAFETY 17 3 TRANSPORTATION TRANSPORTATION 18 CITY LEGISLATIVE STAFF 20 INTRODUCTION Fort Collins is a community of 14150,000 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. We offer this Agenda to our Legislators as a guide when considering legislation that impacts Fort Collins. We encourage Legislators to contact Fort Collins City Council Members and our Legislative Policy Manager should they have specific questions regarding our policy positions on specific legislation. The 2013 City of Fort Collins Legislative Policy Agenda identifies issues of importance to 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 to also reflect the strategic planning that guides resource allocation and other decision making within the City organization. Alignment The 2014 City of Fort Collins Legislative Policy Agenda identifies issues of importance to 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 to also reflect the strategic planning that guides City of Fort Collins organizational resource allocation and decision making. Seven outcome areas have been identified by the City to ensure appropriate and effective resource allocation to support the community’s priorities. Fort Collins’ outcome areas include High Performing Government, Transportation, Culture, Parks and Recreation, Economic Health, Neighborhood Livability, Environmental Health, and Safe Community. The Policy Agenda identifies specific City Council-adopted goals associated with the policy statements. This alignment is important for City staff to ensure that advocacy supports specific desired outcomes. We offer this Agenda to our Legislators as a guideline when considering legislation that impacts Fort Collins. We encourage Legislators to contact Fort Collins City Council Members and our Legislative Policy Manager should they have any questions regarding our policy positions on specific legislation. Formatted Formatted: Font: 16 pt, Bold Formatted: Centered 4 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. The policies are written in terms of supporting or opposing particular kinds of legislation; however, the policies are intended to guide positions of either support or opposition, depending upon how a bill is written and whether the LRC believes that, if approved, the bill would advance or impede the City’s interests. If a bill is governed by two or more competing policies, then the LRC may decide how to balance those policies in taking a position. If a bill falls outside of the Legislative Policy Agenda, the LRC refers the bill to the full Council for consideration before a position is taken on behalf of the City. Council Members presently serving on the Legislative Review Committee are:  Councilmember Wade Troxell  Mayor Pro Tem Kelly Ohlson  Councilmember Lisa Poppaw  Councilmember Ross Cunniff  Councilmember Wade Troxell LEGISLATIVE REVIEW PROCESS This document is used as a guide to assess City positions on bills offered during the Colorado General Assembly session and in the United States Congress. Positions are adopted that reflect the community and approved by City Council prior to the start of the General Assembly session. Bills introduced in the Colorado General Assembly are reviewed by the Legislative Policy Manager and brought to the Legislative Review Committee (LRC) for discussion of an official City position. Once a position is adopted on a bill, the Legislative Policy Manager will convey that information to the appropriate state or federal representative and will also advocate 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 proposals to Fort Collins operations and the community. The City works closely with the Colorado Municipal League on many legislative items.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 on many legislative items facing cities. Fort Collins works with 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. Formatted: Font: 12 pt Formatted: Left Formatted: Font: 12 pt 5 Formatted: Font: 11 pt LEGISLATIVE PRIORITIES Federal Objective: Reform Federal Railroad Administration train horn regulations Issue: In June 2005 the Federal Railroad Administration (FRA) implemented a new federal Train Horn Rule that significantly increased the duration, frequency and volume level of train horns at all public grade crossings. Fort Collins is one of many communities across Colorado and the United States that was built along rail lines. The increased noise from the horns has resulted in mounting citizens’ complaints and threatens the economic viability of our community. “Quiet Zones” are offered as a way to mitigate the loud horn noise however studies and mitigation actions are costing many hundreds of thousands of dollars. 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 Mason Corridor Bus Rapid Transit, which will begin operation in 2014, is one example and we very much appreciate federal support of this project. 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. 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. FRA has discussed the rule in terms of ensuring automobile safety – that blasting a horn as the train nears an intersection will prevent accidents. The alternative is expensive quiet zones or approved countermeasures. Fort Collins accident data along Mason Street in Downtown demonstrates that accidents are rare and typically involve risk-taking behavior. Objective: Support funding for transportation infrastructure with an emphasis on building an integrated, multi-modal system Issue: Funding for vital transportation infrastructure will continue to be a high priority for the City of Fort Collins. We strongly support preservation of federal levels of funding and allocation of all 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. This is no longer a sustainable method of funding the nation’s transportation infrastructure needs. The City applauds the reauthorization of the nation’s surface transportation law with a focus on transit, livable communities, comprehensive regional planning, revitalization of existing infrastructure, pedestrian and bicycle infrastructure, and other approaches that Comment [DW1]: Should the policy agenda note priority projects as well as priorities/policy statements? A project list would match with the CIP budget and legislative priorities but more explicitly list projects that need federal or state assistance. Formatted: Font: Bold Formatted: Font: Bold 6 decrease petroleum consumption and reduce carbon pollution. S.1813 – Moving Ahead for Progress in the 21st Century (MAP 21) – has many positive attributes however more work is needed to ensure that funding for transit, bicycling, and walking is protected and enhanced, especially at the local level. While MAP-21 provides funding for many Federal and State programs and needs, it appears to further localize the cost of many multi-modal projects and programs. Objective: Emphasize federal policies and resources needed to sustain local cleaner energy progress Issue: 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. Additionally, cleaner vehicle legislation such as S. 948/H.R. 1685 would help communities develop charging infrastructure and create models for the nationwide deployment of electric vehicles. Objective: Support federal evaluation of marijuana Issue: Communities across the United States are struggling with the issue of medical marijuana and the need for a single, viable distribution system. At the core of the issue is the classification of marijuana. Because marijuana is currently classified as a Schedule 1 drug, it cannot be researched, prescribed by a doctor or handled through the same distribution channels as other prescribed drugs. As a result, different states have adopted different approaches and experience conflicts with federal laws. This is the reason why, in Colorado, medical marijuana is 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 and possibly changed in order to allow 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. This would reduce many of the conflicts experienced by cities and states where medical marijuana has been legalized. State Objective: Support legislation to increase 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 that limit restrictions communities can impose and the information available to residents about potentially harmful practices. Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold 7 Fort Collins seeks 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, and air emission from extraction processes and production equipment; and the right for communities to regulate oil and gas as an industrial practice and therefore apply local zoning practices to operators. Fort Collins intends to use existing programs like the Local Government Designee (LGD) to their 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. Objective: Support legislation to regulate certain types of waste Issue: As in past years, the City of Fort Collins continues to support legislation to reduce solid and hazardous waste. This includes requiring greater producer responsibility, such as “take back” regulations that assist consumers to appropriately manage certain types of hard-to-recycle wastes. Statewide regulations that govern the disposal of hazardous and problematic waste streams in all of Colorado’s communities can be of great benefit to all our citizens Objective: Support integrated waste management planning, including the potential for waste-to-energy benefits 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 only be effective at meeting the community’s waste reduction goals if facility managers have confidence to develop and expand in Colorado, guided by new legislation that drives waste diversion. 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. Objective: Support legislation that helps the state and local governments’ access cleaner energy resources Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold 8 Issue: The City of Fort Collins supports policies that lead to increased investment in cleaner energy resources and respect the role of local governments in facility siting and permitting decisions. Objective: Oppose any attempt to remove Fort Collins from the vehicle emissions program Issue: Fort Collins has had a long history of supporting the motor vehicle emissions testing program in support of our goal to seek air quality improvement to protect the health of our citizens. It is expected that legislation will again be filed to remove the North Front Range from the vehicle emissions program. Ground level ozone is a significant respiratory irritant that causes a number of negative health effects. Objective: Support legislation that would allow 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. The City supports modifying or repealing the provisions of SB08-152 to allow municipalities to provide this “advanced service” in their own buildings and facilities. Formatted: Font: Bold Formatted: Indent: Left: 0" Formatted: Font: Bold Formatted: Font: Bold Formatted: Indent: Left: 0" 9 LEGISLATIVE POLICY STATEMENTS Cultural, Parks and Recreation Strategic Outcome Fort Collins provides diverse cultural and recreational amenities Strategic Objectives 1. Provide exceptional programs and facilities that contribute to the health and cultural vibrancy of the community 2. Provide outstanding customer service & operational excellence 3. Provide programs that are diverse, innovative and tailored to our unique community 4. Maintain and enhance a world class regional interconnected system of parks, trails and open lands 5. Promote the arts and make Fort Collins the cultural destination in northern Colorado CULTURAL SERVICES The City recognizes that art and culture are vitally important to the quality of life in our community and is committed to providing the citizens of Fort Collins with excellent cultural services. Therefore, the City supports the following policy statements: 1. Support funding for cultural services for the education, entertainment and enrichment of the community. 2. Support legislation that facilitates the creation, performance and presentation of the arts. 3. Support legislation that protects and preserves our cultural heritage. PARKS AND RECREATION The City is committed to providing the community with excellent parks and recreation services and facilities. Our citizens enjoy a better quality of life, improved health, less crime and a greater sense of community because of our quality parks and recreation programs. Therefore, the City supports the following policy statements: Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt 10 1. Support legislation that maintains or enhances funding for parks, trails, forestry, horticulture and recreation services and facilities. 2. Support use of Great Outdoors Colorado and other sources for full funding of municipal government projects, with maximum local discretion regarding local needs and priorities. 3. Support continued availability of Great Outdoors Colorado grants to municipalities in equal or greater funding levels. 4. Support legislation that enhances the City’s ability to provide quality parks and recreation services and facilities for its citizens. 5. Support measures that offer enhanced protection for community trees and natural assets against invasive species, pests and other threats. ECONOMIC HEALTH Strategic Outcome Promote a healthy, sustainable economy reflecting community values Strategic Objectives 1. Enhance opportunities for both businesses and the local workforce 2. Foster a diverse mix of employment and retail opportunities 3. Focus & invest in the downtown area, river district, Lincoln triangle & midtown corridor 4. Ensure adequate staff to provide timely review and critique of development opportunities 5. Revitalize and strengthen business centers FINANCE As a municipality, the City of Fort Collins faces many complex financial issues. Strong fiscal planning, prudent debt management and preservation of the City’s revenue base are vital in maintaining and improving the City’s financial health. Considering the known impacts of legislation on the City’s business community can help foster a stronger tax base and retain a strong quality of life. Therefore, the City supports the following policy statements: 1. Support legislation that maintains or expands municipal authority to establish alternative funding mechanisms, including financing tools such as public improvement fees (PIF) and certificates of participation (COP). Formatted: Font: Times New Roman, 12 pt Formatted: Left, Don't add space between paragraphs of the same style, Line spacing: Multiple 1.15 li, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: 16 pt, Bold, Underline, Small caps Formatted: Font: Times New Roman, 12 pt Formatted: Font: 16 pt 11 2. Support tax increment financing as a tool to support Downtown Development Authorities and Urban Renewal Authorities, taking into consideration the land use impacts of such legislation (e.g., sprawl) and the compelling interests and concerns of other taxing entities. 3. Support legislation that promotes sustainable economic development. 4.2.Support increased funding and budgetary autonomy for Colorado State University and Front Range Community College. 5.3.Support legislation promoting the equitable treatment of sales and use taxes to residents and corporations residing or doing business in Colorado. The City strongly recommends that taxes be as broad-based as possible and that exemptions be limited. 6.4.Support federal legislation that recognizes the importance of sales and use tax to local, self-collecting municipalities and equitably distributes sales tax collections on e-commerce transactions. 7.5.Support legislation that would maintain or increase the City’s revenue base (sales, use and property tax). INVESTMENTS The Fort Collins City Council has adopted investment polices to be used by the City. The policies are reviewed and update periodically to ensure the safety and quality of the portfolio to maintain liquidity and to maximize portfolio earnings. Therefore, the City supports the following policy statements: 1. Support legislation designed to protect, without unnecessarily restricting, the investments of government entities. 2. Support legislation that provides for adequate transparency of the City’s investment activity. 3. Support legislation that would provide municipalities freedom to participate in investments that meet their objectives. 4. Oppose restrictions on the City’s ability to adopt its own investment policies. PRIVATIZATION The City of Fort Collins utilizes outside contracts for procurement of many goods and services. This practice of privatization provides citizens with a balance of quality and cost efficiency. 12 Therefore, the City supports the following policy statements: 1. Support legislation enabling provision of services through private enterprise in a manner that fosters cost effective, sustainable, quality services. 2. Support local control of the awarding of contracts and the accountability of local officials for those actions. 3. Oppose mandates that increase the complexity and cost of services without improving those services. ECONOMIC DEVELOPMENT Fort Collins seeks to maintain a healthy and resilient economic base of businesses. The City works closely with businesses to retain and invest in alignment with the Council’s Action Plan. A healthy and resilient economy for Fort Collins will include:  Diverse jobs that enable citizens and businesses to thrive.  Reflects the values of our unique community in a changing world.  An innovative, creative, and entrepreneurial atmosphere.  Strong partnerships and collaboration with the private sector, educational institutions, and other organizations. Therefore, the City supports the following policy statements: 1. Support legislation that promotes sustainable economic development. 2. Support retaining local governments’ use of tax increment financing as a tool to support Downtown Development Authorities and Urban Renewal Authorities, taking into consideration the land use impacts of such legislation (e.g., sprawl) and the compelling interests and concerns of other taxing entities. 3. Support programs and policies that apply innovative and technologically-focused solutions to governmental and community problems. ENVIRONMENTAL HEALTH Strategic Outcome Promote, protect and enhance a healthy and sustainable environment Strategic Objectives a. Maintain and improve air and water quality b. Reduce greenhouse gas emission to by 20% of 2005 by 2020 and 80% by 2050 c. Conserve and restore natural habitat and promote biological health and diversity d. Reduce waste and resource consumption Formatted: Font: 12 pt, No underline Formatted: Left Formatted: Left Formatted: Left Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Left, Indent: Left: 0.5" Formatted: Left, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: List Paragraph, No bullets or numbering Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt 13 e. Increase energy conservation, efficiency and renewable energy f. Align water quantity with storage and conservation policies AIR QUALITY The City’s Air Quality Plan establishes a strong overall goal to “continually improve Fort Collins air quality.” Therefore, the City supports the following policy statements: 1. Support legislation and regulations adopting programs and policies that improve public health and air quality. 2. Support legislation that maintains or increases the stringency of air quality standards. 3. Support legislation that enhances local government authority to improve air quality beyond minimum State or Federal requirements. 4. Support legislation that promotes regional improvement of air quality, recognizing that air pollution does not follow jurisdictional boundaries. 5. Support legislation to assure that Federal, State and County agencies have adequate authority and resources (funding and personnel) to enforce air quality regulations. 6. Support legislation that removes barriers and promotes voluntary actions to reduce air pollution. 7. Support legislation and regulations that reduce vehicle emissions by: - Using the price mechanisms of the free market to shift citizen and business travel behavior toward actions that reduce vehicle emissions and vehicle miles of travel, including removing hidden cost subsidies to motor vehicle users - Employing economic incentives and disincentives and other market approaches - Encouraging behavior changes, such as limiting unnecessary idling of vehicles - Implementing State motor vehicle emissions testing programs consistent with City air quality goals 8. Support legislation and regulations that provide authority for local governments to implement vehicle emissions reductions programs. 9. Support legislation and regulations that make tailpipe emissions and fuel economy standards more stringent for all vehicles. Formatted: Font: Times New Roman, 12 pt Formatted: Indent: Left: 0.25", Numbered + Level: 2 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Tab after: 1" + Indent at: 1", Tab stops: Not at 1" Formatted: Font: Not Bold, No underline Formatted: Left 14 10. Support programs and policies that promote advanced low emission vehicle technology; and encourage or promote alternative fuels such as biodiesel, cellulosic ethanol, hydrogen and compressed natural gas. 11. Support legislation and regulations that reduce residential wood smoke emissions in order to achieve compliance with air quality standards. 12. Support legislation that helps to reduce fossil fuel consumption in the transportation and building sector. 13. Support programs and policies that allow local officials to establish baseline levels and understand the ongoing contributions of the oil and gas industry to air pollution. CLIMATE AND ENVIRONMENTAL PROTECTION The City of Fort Collins encourages local, state and national efforts to protect and enhance our environment. Additionally, the City has a policy goal to reduce greenhouse gas emissions 20% below 2005 levels by 2020 and 80% below 2005 levels by 2050. Therefore the City supports the following policy statements: 1. Support legislation and regulation that reduce Fort Collins’ vulnerability to climate change impacts. 2. Support legislation that establishes reduction targets for greenhouse gas emissions. 3. Support legislation that establishes market-based mechanisms to reduce greenhouse gas emissions, including providing incentives to business and citizens to reduce emissions and for green building and sustainable design. 4. Support legislation and regulations to promote pollution prevention. 5. Support the Colorado self-audit law. 6. Support legislation that provides local government the authority to inspect oil and gas sites and ensure operator compliance through enforcement of federal, state and local regulations. NATURAL AREAS AND OPEN LANDS The City has a vigorous program to protect natural areas and other important open lands within Fort Collins, within our Community Growth Management Area, and regionally. 15 The City works in partnership with other communities, Larimer County, private land trusts, Great Outdoors Colorado, community groups, and state and federal agencies to achieve community and regional conservation goals. Therefore, the City supports the following policy statements: 1. Support legislation that maintains or enhances tax incentives for voluntary land conservation by private landowners. 2. Support legislation that expands the effectiveness of existing protection for wetlands, wildlife habitats, and other sensitive natural areas. 3. Support additional funding for land conservation programs. 4. Support legislation protecting the Cache la Poudre River. 5. Support legislation that would increase the availability of Great Outdoors Colorado grants to municipalities in amounts equal to or greater than are currently offered. OIL AND GAS Oil and gas extraction activity and associated health and environmental impacts are a concern for Fort Collins and many communities in the Front Range of Colorado. Fort Collins has a portion of a small oil field within its incorporated boundaries and has entered into an Operator Agreement (MOU) that stipulates the operations, maintenance and inspection process for that operator’s local holdings. Citizens in Fort Collins have expressed continuing concern about the human and environmental health impacts from oil and gas operations and particularly from the hydraulic fracturing treatment used on most Colorado wells. Therefore, the City supports the following policy statements: 1. Supports the development and execution of human health impact studies of oil and gas operations. 2. Support programs and policies that allow local officials to establish baseline levels and understand the ongoing contributions of the oil and gas industry to air pollution. 3. Support legislation that provides local government the authority to inspect oil and gas sites and ensure operator compliance through enforcement of federal, state and local regulations. 4. Support programs and policies that allow communities to understand impacts of oil and gas on water quality. Specifically provide disposition of produced water, Formatted: Left Formatted: Left Formatted: Not Small caps Formatted: Left, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Left, Indent: Left: 0.5" Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Underline, Font color: Auto Formatted: List Paragraph, No bullets or numbering 16 and clearly understand the ongoing impacts of the oil and gas industry to water quality. 5. Support legislation allowing greater local regulation of oil and gas exploration activities within municipal boundaries. RECYCLING AND SOLID WASTE The City of Fort Collins endorses a multi-pronged approach to waste minimization that includes recycling, re-use, composting and source reduction. Additionally, the City has adopted a goal of diverting 50% of the community’s waste stream from landfill disposal. Therefore, the City supports the following policy statements: 1. Support legislation that clarifies and broadens the regulatory authority of local government to ensure the efficient management of recyclable material and solid waste. 2. Support legislation that encourages integrated waste management planning and implementation, including but not limited to creation of a State waste diversion goal. 3. Support legislation that provides incentives and funding for programs that promote waste reduction, reuse and recycling and development of related infrastructure. 4. Support legislation that enables “buy recycled” or “environmentally preferable purchasing” policies for government agency procurement. 5. Support legislation that continues or increases funding for programs to collect and monitor data on trash volumes, rates of diversion from landfill disposal and economic impacts of recycling. 6. Support legislation to require greater producer responsibility, such as “take back” regulations that assist consumers to appropriately recycle electronic equipment (e- waste.) 7. Support legislation that establishes a deposit fee on beverage containers and that would be used to pay for recycling programs. 8. Support legislation that strengthens the “renewable energy” standard; oppose expanding the definition to include pyrolysis (burning of materials). High Performing Government Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Left, Indent: Left: 0.5" Formatted: Font: 12 pt, Not Bold, No underline, Not Small caps Formatted: Left Formatted: Tab stops: 2.11", Left 17 Strategic Outcome Deliver an efficient, innovative, transparent, effective and collaborative city government Strategic Objectives 1. Improve leadership capability and increase leadership effectiveness 2. Improve organizational fiscal literacy, financial management & fiscal strength 3. Implement a systematic approach to identify, organize, & communicate performance measures 4. Attract, engage and retain a high quality, creative workforce with a diverse set of skills 5. Promote and invest in employee health and safety 6. Develop and foster key community partnerships 7. Establish a culture of exceptional customer service and deliver services that exceed community expectations. ELECTIONS Fort Collins holds regular nonpartisan municipal elections through mail-in ballot. Elections are managed by the City Clerk’s Office and in addition to electing representatives, voters are usually presented with ballot issues, such as Charter amendments, financial issues, or initiated or referred ordinances or resolutions. Therefore, the City supports the following policy statements: 1. Support local election officials’ determination and use of the best available practices for conducting elections that reflect community expectations. 2. Support the preservation of home rule municipalities’ right to set and maintain election codes as a matter of local interest. HOME RULE The City of Fort Collins is a home rule municipality under Article XX of the Colorado Constitution, which grants home rule municipalities “full right of self-government in local and municipal matters.” Home rule authority affords the citizens of Fort Collins greater access to government and increased opportunity for participation and contribution to the decision making process. Home rule is of utmost importance to the City of Fort Collins. The City recognizes, however, that there are particular areas in which insistence on local control may be untimely or unwise. Therefore, proposed legislation must be reviewed on a case-by-case basis to determine when it is in the City's best interest to assert home rule authority and when the City should support statewide intervention. For example, the City must be free Formatted: Font: Times New Roman, 12 pt Formatted: Left Formatted: Left Formatted: Left, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Left, Indent: Left: 0.5" Formatted: Left, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Left Formatted: Font: 12 pt, Not Bold, No underline, Not Small caps 18 to regulate local activities that primarily impact the area within the City's boundaries, such as the speed of local traffic or the effects of particular land use developments. On the other hand, the cumulative effect of these and other activities has substantial statewide ramifications which may call for statewide regulation, so that, for example, state regulation may be needed to effectively manage overall growth and development in the state, traffic congestion in major transportation corridors and environmental quality. Therefore, the City supports the following policy statements: 1. Support legislative efforts to strengthen home rule authority of municipal governments. 2. Oppose legislation that requires State or Federal intervention in matters of local concern and which unnecessarily or adversely affect the City’s ability to manage pursuant to its home rule authority. HUMAN RESOURCES The City of Fort Collins is committed to the safety and well-being of its employees. The City works diligently to be an efficient and responsible steward of tax dollars while ensuring that employees receive fair and competitive compensation and benefits. The City believes that its citizens, through their elected representatives on City Council, are in the best position to determine appropriate City employee compensation, benefits, and policies. Therefore, the City supports the following policy statements: 1. Support legislation that enhances the City’s ability to decide employment issues, including collective bargaining, arbitration, compensation, benefits and leaves. 2. Support legislation that expands the City’s ability to offer health, welfare and wellness services for employees. 3. Support legislation that maintains current state funding for police officer death and disability benefits. 4. Oppose legislation that would permit employees with defined contribution plans to return to defined benefit plans if there is a cost to local government. OPEN RECORDS Fort Collins strives to maintain a transparent and open government. The City provides citizens with access to resources to track expenditures, engage their government and to improve the community. Colorado Open Records Act (CORA) requests can serve an important purpose – sunlight on government operations. Formatted: Left Formatted: Font: 12 pt, Not Bold, No underline, Not Small caps Formatted: Font: 12 pt, Not Bold, No underline, Not Small caps 19 Therefore, the City supports the following policy statements: 1. Support citizens’ right to utilize CORA to seek specific information about City operations. 2. Support additional time for staff to respond to CORA requests – an increase from 3 days to 5 days for response or to create a stratification of response times to requests. RISK MANAGEMENT The City of Fort Collins recognizes the dual purpose of the workers’ compensation system – providing benefits promptly to injured employees in a cost-effective manner and minimizing costly litigation. Council also recognizes that the City’s self-insurance program is a cost efficient method to insure workers’ compensation and that government intervention or taxation can negatively impact the City. Therefore, the City supports the following policy statements: 1. Support legislation that improves administrative efficiency of the Division of Workers’ Compensation. 2. Support legislation that prevents increased insurance premium costs to employers. 3. Support legislation that would limit or reduce administrative burdens or taxes to self-insurance programs. 4. Support legislation that would check insurance claim litigation. 5. Support legislation that increases the City’s options and ability to manage workers’ compensation claims; oppose actions like removing existing off-sets to workers’ compensation benefits or limiting the City’s ability to designate treating physicians. 6. Oppose legislation that presumptively expands workers compensation coverage to illnesses or injuries that are not work related. SOVEREIGN AND GOVERNMENTAL IMMUNITY The Fort Collins City Council recognizes that the complexity and diversity of City operations and services required to meet the needs of the citizens of Fort Collins 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 Formatted: Left, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.29" + Indent at: 0.54" Formatted: Left, Indent: Left: 0.54" Formatted: Left, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.29" + Indent at: 0.54" Formatted: Left, Indent: Left: 0.54" 20 have the City’s support in the lawful and proper performance of their assigned duties and responsibilities. Therefore, the City supports the following policy statements: 1. Support legislation that protects the interests of municipalities and their officers and employees in the lawful and proper performance of their duties and responsibilities. 2. Support legislation that discourages baseless and frivolous claims and demands made against municipalities, their officers and employees. 3. Support legislation that limits or enhances municipal liability protections, or expands municipal immunity. TELECOMMUNICATIONS The City of Fort Collins encourages a competitive, open market for cable and telecommunications services in order to ensure the public has access to a variety of programming and services at the lowest cost possible. Therefore, the City supports the following policy statement: 1. Support legislation that maintains and enhances local franchising authority. This helps ensure local governments’ ability to negotiate, in the public interest, for cable channel space, institutional networks and public education and government programming. 2. Support legislation that re-establishes the rights of municipalities to provide low cost, accessible telecommunications services and related infrastructure. 3. Support legislation that allows municipalities to provide telecommunication services within City-owned facilities and on City property. 2.4.Support legislation that would allow communities to offer high speed internet, Wi-Fi and other enhanced telecommunication services to residents, schools, academic institutions and businesses. UTILITY SERVICES It is critical that the City operate its electric distribution, drinking water, stormwater and wastewater services in a financially sound, reliable, safe and environmentally acceptable manner. Like other municipal utilities across the country, Fort Collins is faced with Formatted: List Paragraph, No bullets or numbering Formatted: List Paragraph, No bullets or numbering 21 many new and evolving challenges associated with changes in the industry, the age and security of its infrastructure and the necessity of managing a changing workforce. Therefore, the City supports the following policy statements: ENERGY 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. Support programs that provide assistance to local government, and that encourage and allow for local design and implementation of greenhouse gas reduction strategies. 3. Support legislation that establishes uniform standards for the reduction of carbon emissions. 4. Support legislation that removes barriers to financing for energy efficiency, and encourages and funds energy efficiency and conservation while allowing local design and implementation of the programs. 5. Support legislation that reduces community energy use and net energy use of existing buildings. 6. Support legislation and regulations that provide incentives to encourage renewable energy production, including wind power, and provide for “State Implementation Plan” credits for renewable energy (excluding residential wood burning and corn- based ethanol) and energy efficiency. 7. Oppose legislation that attempts to prevent or inhibit provision of municipal electric service in newly annexed areas. 8. Support legislation that encourages grid modernization and smart grid technologies WATER SUPPLY AND QUALITY 1. Support legislation that maintains or expands the authority delegated to the State to administer federally mandated water, stormwater and wastewater environmental regulatory programs (primacy). 2. Support water quality legislation that results in reasonable water quality control regulations that are cost effective and can show identifiable benefits. 3. Support legislation that enables local development of watershed protection. 22 4. 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 integrity of Colorado’s appropriation doctrine and City water supply. 5. 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. 6. Support adequate funding of mandated programs. 7. Support legislation that removes barriers to financing for water conservation projects. 8. Support legislation that would fund recovery and treatment of Cache la Poudre and other waterways impacted by 2012 wildfires. 9. Support programs and policies that allow local officials to understand water sources, disposition of produced water, and clearly understand the ongoing impacts of the oil and gas industry to water quality. Community and Neighborhood Livability Strategic Outcome Provide a high quality built environment and support quality, diverse neighborhoods Strategic Objectives 1. Develop innovative enforcement efforts and voluntary compliance with City codes 2. Provide, enhance & maintain attractive public spaces 3. Preserve the character of neighborhoods and enhance/maintain the attractiveness of neighborhoods 4. Encourage partnerships with private entities and public agencies for housing, and other programs 5. Improve neighborhood parking management AFFORDABLE HOUSING The City of Fort Collins supports policy and funding mechanisms that help the City develop and maintain affordable housing for our community’s lowest income families. Therefore, the City supports the following policy statements: Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Not Bold, No underline Formatted: Left 23 1. Support legislation that maintains or enhances current levels of funding for affordable housing throughout Colorado. 2. Support legislation that increases local government’s ability to regulate, manage or generate alternative sources of funding for affordable housing, including public-private partnerships. 3. Support legislation that protects the rights of low-income and/or disabled residents in tenant-landlord disputes, especially as it relates to safety issues. 4. Support legislation that retains flexibility for City to adopt and enforce rental terms that allow it to appropriately maintain and manage City-owned affordable rental properties. Development Review and Inspection Fort Collins City Council adopts a land use code, zoning and new and existing property inspection protocol. The City supports retention of home-rule control in aligning development review and inspections with local priorities. In recent sessions, state legislators have introduced measures aimed at having local inspectors provide inspection for building types outside existing responsibilities without additional resources provided to conduct this work. Therefore, the City supports the following policy statements: 1. Support legislation that financially compensates a jurisdiction or agency for additional work of inspectors through fees or other means. 2. Support legislation that gives the local government a choice in accepting additional inspection work. PLANNING AND LAND USE Effective local land use planning and land development regulation contributes to the quality of life enjoyed primarily by Fort Collins residents, yet shared regionally within Larimer County. State legislation can influence local governments’ ability to develop and implement land use plans for their communities. Therefore, the City supports the following policy statements: 1. Support legislation that requires regional cooperation in land use and transportation planning, and legislation that fosters sustainable development, without unduly constraining the City’s home rule powers. Formatted: Centered Formatted: Font: Bold, Underline Formatted: Indent: Left: 0.42" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.67" + Indent at: 0.92" Formatted: Indent: Left: 0.92" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.67" + Indent at: 0.92" 24 2. 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. 3. Support legislation to limit the definition of a compensable taking and/or the definition of vested property rights beyond the provisions of existing law. 4. Support legislation that would retain local government authority to impose development impact fees. 5. Support legislation that would increase cities’ ability to regulate industrial land uses like oil and gas exploration and extraction. 6. Support public housing policies that equitably balance protection of tenants and landlords. 7. Support legislation allowing greater local regulation of oil and gas exploration activities within municipal boundaries. Social Sustainability Fort Collins has implemented a triple-bottom line-oriented Sustainability Service Area in an effort to ensure community resources are allocated by considering equally human, environmental and economic benefits. Social sustainability focuses on housing and human services. Therefore the City supports the following policy statements: 1. Support maintaining or increasing the funds available through the state and federal government for community-focused non-profits to provide human services and housing support. 2. Support appropriate educational funding for K-12 and public post-secondary institutions to ensure opportunity for youth. 3. Support funding for after school programs aimed at at-risk population. 4. Support programs and policies that seek to improve neighbor relations and the resources available to community mediation programs. 5. Support programs and policies that provide communities with resources to address chronic homelessness. Safe Community Formatted: Font: 14 pt, Bold, Underline Formatted: Centered Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Indent: Left: 0.5" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: List Paragraph, No bullets or numbering Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: List Paragraph, No bullets or numbering Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: List Paragraph, No bullets or numbering Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent 25 Strategic Outcome Provide a safe place to live, work, learn and play Strategic Objectives 1. Proactively Support prevention and community safety through education and outreach initiatives 2. Improve response times to collisions, crimes, fires, utility emergencies and medical services 3. Improve the safety and reliability of the City's built environment 4. Support community wide planning, preparedness and recovery from community disasters FIRE PROTECTION The Fort Collins City Council recognizes the critical importance of maintaining a safe environment and protecting the lives and property of the citizens of Fort Collins from fire. Therefore the City supports the following policy statements: 1. Support legislation adopting a State fire code, the code of choice being the 2012 International Building and Fire Code, and allow municipalities to adopt their own amendments. 2. Oppose legislation that limits local enforcement of the International Fire Code as adopted with local amendments, or imposes inspection requirements or prevents collection of permit or inspection fees as required by the local jurisdiction. 3. Support legislation that requires the installation of fire protection systems in structures to enhance life safety and property protection when appropriate. 4. Support legislation that strengthens the City’s ability to prohibit the use and sale of fireworks and that allows counties and fire districts to prohibit and otherwise control fireworks. 5. Support legislation that promotes fire safety, education and prevention with the goal of reducing injury, loss of life and property damage. 6. Support legislation that allows local jurisdictions to implement open burning restrictions. HAZARDOUS MATERIALS MANAGEMENT Formatted: Font: Times New Roman, 12 pt Formatted: Font: 16 pt Formatted: Left 26 It is an important concern of the City to safeguard Fort Collins’ health and environmental safety by reducing risks from the unauthorized release of hazardous materials or hazardous waste. Therefore, the City supports the following policy statements: 1. Support legislation that allows the City to continue controlling risks from hazardous materials use, storage and transportation through the International Building and Fire Code and related local amendments. 2. Support legislation that allows Fort Collins adopt local regulations for hazardous materials, including review and approval of the location of facilities that use or store hazardous materials or hazardous waste. 3. Support legislation that strengthens the enforcement of hazardous materials regulations. 4. Support legislation strengthening the diversion of hazardous waste from landfills. 5. Support policies or legislation to establish greater flexibility and more options for local government in the management of publicly-owned areas thought to have asbestos containing soils. 6. Support policies and legislation to prevent and penalize improper storage and disposal of hazardous or exploration and production (E&P) wastes from oil and gas operations within municipal boundaries. Marijuana In 2012, Colorado voters approved Amendment 64 which legalizes the possession of adult-use or recreational marijuana in the state. During the same election Fort Collins residents voted to approve the use of medical marijuana within the City. Federal law maintains that marijuana is a schedule 1 drug and, as such, can neither be possessed and used nor researched. These facts are a concern for City leaders. 1. Support legislation that regulates medical marijuana manufacture, distribution and dispensaries. 2. Support legislation to clarify the implementation and local rights and responsibilities related to Amendment 64. 3. Support clarification of the conflict between federal and state law with respect to marijuana enforcement. Formatted: Font: 14 pt, Bold, Underline Formatted: Centered Formatted: Font: Bold, Underline Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Indent: Left: 0.5", No bullets or numbering 27 4. Support legislation and policies that protect communities’ ability to raise necessary funds to maintain public safety and enforce marijuana possession laws. 5. Support legislation and policies that prevent under-21 access to marijuana. 6. Support legislation that clarifies the rights of individuals, landlords and homeowner associations in limiting or preventing growing or consuming marijuana in multi-family dwellings. PUBLIC SAFETY The Fort Collins City Council recognizes the critical importance of maintaining public order, providing a safe environment, and protecting the lives and property of the citizens of Fort Collins. Therefore, the City supports the following policy statements: 1.7.Support legislation that has the potential to reduce incidents of violence in the community, especially through the development of treatment and intervention programs for youth. 2.8.Support legislation and funding that provides greater protection to victims of crime. 3.9.Support legislation that maintains or enhances the City’s right to use camera enforcement of traffic laws, reduces operational restrictions on the use of camera enforcement, and increases the fines associated with violations. 4.10. Support legislation establishing protocols and funding for shared, statewide emergency response communications. 5. Support legislation that regulates medical marijuana manufacture, distribution and dispensaries. 6.11. Oppose programs that have the potential to compromise officer safety. 7.12. Support legislation that formally legitimizes the field of Alternative Dispute Resolution (ADR) by establishing minimum training criteria and professional mediator certification. 8.13. Support legislation that regulates the use of cell phones by a motorist while operating a vehicle. 9.14. Support legislation that preserves or increases funding for treatment of mental illness and substance abuse disorders. Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: List Paragraph, No bullets or numbering Formatted: List Paragraph, No bullets or numbering 28 10.15. Support legislation that maintains or enhances a statewide database of concealed weapons permits. 11.16. Support legislation to reduce community flood risks. 12.17. Support legislation that reduces City liability for prisoners’ self-inflicted wounds while in police custody or detention facility. 13.18. Support legislation and policies restricting access to illegal substances. 19. Support legislation to require greater producer responsibility such as “take back” for prescription drugs to avoid these substances being abused or being disposed of into the water supply. 20. Support clarification of the qualifications for what types and purposes a business may obtain and use a state liquor license. 14.21. Support defining what qualifies as a “meal” when calculating the percentage of meals served for a liquor license. Transportation Strategic Outcome Provide for safe & reliable multi-modal travel to, from, and throughout the city Strategic Objectives 1. Provide safe, well-functioning, high quality streets, bikeways, sidewalks, trails & infrastructure 2. Provide long-term transportation planning to enhance citizen mobility and improve traffic flow 3. Limit the rate of increase or reduce vehicle traffic and enhance alternative travel modes 4. Address long-term maintenance & operations cost of transportation infrastructure 5. Enhance the sustainability of the physical assets as well as the operations of transportation systems TRANSPORTATION The City actively promotes the safety and ease of traveling to, from and throughout the community using a variety of modes of transportation. Additionally, the City’s policy is to encourage the use of alternative transportation whenever appropriate. Formatted: List Paragraph, No bullets or numbering Formatted: List Paragraph, No bullets or numbering Formatted: Font: Times New Roman, 12 pt Formatted: Left, Don't add space between paragraphs of the same style, Line spacing: Multiple 1.15 li, Outline numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5" Formatted: Font: Underline, Small caps Formatted: Font: Times New Roman, 12 pt Formatted: Font: 12 pt, Not Bold 29 Therefore, the City supports the following policies: 1. Support legislation that facilitates cooperative programs among government agencies in order to help the City meet its basic transportation needs, including transit, street, highway, road and bridge construction and maintenance, and safe corridors for bicyclists and pedestrians. 2. Oppose legislation that seeks to reduce the present allocation formula of 60% state, 22% counties, and 18% municipalities for Highway User Tax Fund (HUTF) or any appropriations from the State using the same formula. 3. Support exploration and analysis of alternative methods of funding transportation infrastructure needs. 4. Support legislation to fund analysis and implementation of inter- and intra-regional transit linkages, including future commuter rail connectivity. 5. Support legislation that facilitates regional planning for various modes of transportation with the goal of providing practical solutions to reduce reliance on single occupant vehicles. 6. Support efforts to encourage flexibility in federal funding and regulations in order to better meet the needs of small to medium size communities. 7. Support preservation of the federal guaranteed levels of funding for transportation, and allocation of all federal motor fuel taxes and other federal transportation trust funds for their intended transportation purposes. 8. Support legislation broadening the definition of the gasoline tax to a “fuel tax” that encompasses other fuel options as they become more prevalent. 9. Support legislation that limits the ability of railroad trains to block street and highway grade crossings for unreasonable periods. 10. Support legislation that facilitates the implementation of railroad quiet zones in municipalities and that reduces current train horn decibel and duration requirements. 11. Oppose legislation intended to divest key highway roads in urban areas from the State and make them the sole responsibility of local jurisdictions. 30 CITY OF FORT COLLINS LEGISLATIVE STAFF Legislative Review Committee Name District/Title Email Mayor Pro Tem Kelly Ohlson District 5 kohlson@fcgov.com Councilmember Wade Troxell District 4 wtroxell@fcgov.com Councilmember Lisa Poppaw District 2 lpoppaw@fcgov.com Councilmember Wade TroxellCouncilmember Ross Cunniff District 4District 5 wtroxell@fcgov.comrcunni ff@fcgov.com Wendy Williams Assistant City Manager wwilliams@fcgov.com Steve Roy City Attorney sroy@fcgov.com Dan Weinheimer Legislative Policy Manager dweinheimer@fcgov.com Legislative Staff Liaison Members Topic Area Name Email Affordable Housing and Social Sustainability Julie BrewenJoe Frank jbrewenjfrank@fcgov.com Air Quality Lucinda SmithMelissa Hovey lsmithmhovey@fcgov.com Cable Television Franchise Carson Hamlin chamlin@fcgov.com Climate and Environmental Protection Lucinda Smith lsmith@fcgov.com Climate and Environmental Protection Natural Areas and Open Lands John Stokes jstokes@fcgov.com City Clerk Wanda Nelson wnelson@fcgov.com Cultural Services, Parks and Recreation J.R. Schnelzer jrschnelzer@fcgov.com Energy Water Supply and Quality Lisa Steve Catanach Rosintoski SCatanach@fcgov.comlrosinto ski@fcgov.com Finance Michael Beckstead mbeckstead@fcgov.com Economic Health Josh Birks jbirks@fcgov.com Fire Protection and Hazardous Materials Management Bob Poncelow bponcelow@poudre-fire.org Human Resources Janet Miller jmiller@fcgov.com Legal Carrie Daggett cdaggett@fcgov.com Natural Areas, Open Lands and Cache la Poudre River Issues John Stokes jstokes@fcgov.com Neighborhood and Building Services Mike Gebo mgebo@fcgov.com Field Code Changed Formatted: Underline, Font color: Blue 31 Planning and Land Use Timothy Wilder twilder@fcgov.com Public Safety Rita Davis rdavis@fcgov.com Recycling and Solid Waste Susie Gordon sgordon@fcgov.com Risk Management Lance Murray lmurray@fcgov.com Stormwater Jon Haukaas jhaukaas@fcgov.com Transportation Mark Jackson mjackson@fcgov.com Utilities Customer Service Lisa Rosintoski lrosintoski@fcgov.com Water Supply and Quality Kevin Gertig kgertig@fcgov.com Formatted Table 7/16/2013 1 Phyllis Resnick Colorado Futures Center at Colorado State University $0.0 $2,000.0 $4,000.0 $6,000.0 $8,000.0 $10,000.0 $12,000.0 $14,000.0 $16,000.0 $18,000.0 $20,000.0 Dollars in Millions Our View of the World in 2011 Big 3 SB 228 Other Agencies GF+SEF Revenue Why Was This Happening?  Structural and demographic changes affecting revenue  Aging  Changes in consumption patterns  Medicaid growing at 1.7 times revenue  Age Demographics  Medical Inflation  System being used to pay for K‐12 failing the state  Leakage in local property tax On the Economy: Employment Outlook Slightly Less Optimistic 0 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 In Thousands Forecast Comparison: Wage and Salary Employment 2011 forecast 2013 forecast Revenue Recovery Slightly More Robust $0 $1,000 $2,000 $3,000 $4,000 $5,000 $6,000 $7,000 $8,000 $9,000 $10,000 2011 Actuals 2012 CFC Forecast/State Actual 2013 Forecast 2014 Forecast 2015 Forecast General Fund Revenue (in $ millions) Fiscal Year General Fund Revenue Forecast Comparison: April 2011 Forecast to LCS June 2013 Forecast/Actuals 7/16/2013 2 Underlying Dynamics Remain: News Flash…Coloradans Still Aging Source: Colorado State Demography Office 0 to 24, 32.86% 25 to 44, 27.22% 45 to 64, 23.05% 65 to 99+, 16.87% 2025 0 to 24, 33.50% 25 to 44, 28.05% 45 to 64, 26.19% 65 to 99+, 12.26% 2013 Internet Sales Continue to Grow 0.00% 0.50% 1.00% 1.50% 2.00% 2.50% 3.00% 3.50% 4.00% 4.50% 5.00% 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 E‐Commerce as a Share of Total and Specific Industry Sales Retail trade, total Electronics and appliance stores Clothing and clothing accessories stores Sporting goods, hobby, book, and music stores Miscellaneous store retailers Source: US Census Bureau School Finance: SB 228 Intended to Address This… But School Finance Uncertain  SB 228 passed legislature  Increases funding for K‐12  Requires an income tax increase of $950M  Will graduate rates to  5% for incomes up to $75,000  5.9% for incomes above $75,000  Impact on state fiscal sustainability depends on relationship of funding source and cost pressure  CFC in process of analyzing the proposal Latest Forecast of Property Values Less Optimistic $‐ $20,000,000 $40,000,000 $60,000,000 $80,000,000 7/16/2013 3 Aging Will Continue to Drive Medicaid Costs $‐ $5,000 $10,000 $15,000 $20,000 $25,000 Aged Disabled Non‐Disabled Adults Children Foster Care Children Medicaid Cost per Caseload So, What About the Future? The more things change, the more they stay the same Wildcards  Marijuana  School Finance  Immigration Reform  Affordable Care Act  Clearly, other than those, we see the economic future perfectly STAY TUNED TO THE FALL FOR CFC’S UPDATED ANALYSIS 1 Ciruli Associates 1115 Grant St., Ste G‐6 Denver, CO 80203 PH (303) 399‐3173 FAX (303) 399‐3147 www.ciruli.com Colorado Municipal League Colorado: Mid-2013 July 2013 1 Ciruli Associates 2013 1972, 1992, 2002 Colorado Politics in the ‘70s 1972 Olympic bid defeated 61% 1972 Wayne Aspinall, Mr. Chairman, defeated 1972 Pat Schroeder goes to Congress 1974 Nixon resigns (August) 1974 Dick Lamm, Gary Hart, Tim Wirth, Sam Brown elected 1974 Democrats take State House, lose it in 1976 Colorado Politics in the 2000s Offices All Republican 2002 All Democrat 2008 Still Democrat 2012 Results Governor Owens R Ritter D Hickenlooper D U.S. Senate Campbell R Salazar D Bennet D U.S. Senate Allard R Udall D Udall D Congress 5R, 2D 2R, 5D 4R, 3D Colorado House 37R, 28D 27R, 37D 5 seats D Colorado Senate 18R, 17D 14R, 21D 5 seats D President Bush 8% (2000) Bush 5% (2004) Obama 9% Obama 5% 2 Ciruli Associates 2013 New Voters Move Colorado to the Left and to Metro Area Colorado Presidential Election 2004 and 2012 Colorado Secretary of the State 2013 Ciruli Associates 2013 2004 2012 Difference % Difference Bush 1,101,000 Romney 1,185,000 84,000 20% Kerry 1,001,000 Obama 1,323,000 322,000 76 Other 45,000 Other 61,000 16,000 4 Total 2,147,000 Total 2,569,000 422,000 100% Metro 1,192,000 Metro 1,455,000 263,000 62% 3 Ciruli Associates 2013 45% 59% 55% 41% Changes in Voters Social Viewpoints Legalize Recreational Marijuana Colorado 2006 and 2012 Colorado Secretary of the State 2013 Ciruli Associates 2013 Yes 2006 No 2006 Yes 2012 No 2012 14 percentage point shift from 2006 to 2012 2 6 Ciruli Associates 2013 Nathan Dunlap has Another Victim – John Hickenlooper Governor Hickenlooper Approval and Disapprove June 10, 2013 Source: Quinnipiac 2013 Formatted by: Ciruli Associates 2013 0% 20% 40% 60% 80% 100% All Voters Democrats Independents Republicans 47% 89% 44% 19% 43% 8% 47% 68% Approve Disapprove Abolish death penalty Abolish Continue 24% 69 Death or life for Dunlap Death penalty Life/no parole 63% 29 Governor’s decision Approve Disapprove 27% 67 7 Ciruli Associates 2013 Democrats on Defensive Renewables – The Last Straw Photo: Brennan Linsley/AP Approval and Disapprove Colorado State Legislature Source: Quinnipiac 2013 Formatted by: Ciruli Associates 2013 0% 20% 40% 60% 80% 100% All Voters Democrats Independents Republicans 36% 66% 35% 13% 49% 22% 51% 69% 3 12 Ciruli Associates 2013 Colorado Major Trends 2013 Trend Comment Growth: Colorado is the seventh fastest growing state. It must prepare for millions of new citizens by 2030. Infrastructure, health care, education, criminal justice and social services systems will continue to be stressed. Demographics: The state is changing. It is growing older, the income divide is wider among the working age population, and the Hispanic population has increased due to births and immigration. All will contribute to competition for resources. Boom and Bust: Colorado’s history has been described as a series of economic booms and busts tied to the national economy. Now, globalization has connected the state and its products to the developed and developing world. That places the state in a worldwide competition for business and jobs. And, the debt crisis in Europe, the growth rate of the BRICs, and a slowdown in China can affect our economy as much as the Federal Reserve. Governance Gap: The state is behind by a billion dollars in infrastructure investment due to the economic slowdown, a contradictory and antiquated constitutional framework controlling finances, and a growing responsibility for current consumption in health care and public and child welfare. The Colorado state government is mostly powerless to fundamentally address the issues without voter support and changes in the constitution. Food, Water, Energy: The connections among food, water and energy continue to expand. Colorado’s large agricultural industry and increased energy productions due to fracking have been major contributors to the state’s economic recovery. The competition for water for food and energy production will intensify and will affect prices and produce political conflict. Weather: Colorado weather, like its economy, is a boom and bust cycle, with drought and floods. In general, the trend is toward a drier climate, especially in the Colorado River Basin, requiring conservation, storage and better water management. Regionalization: The population continues to congregate along the Front Range and in or near the major population centers. Developing solutions for shared needs across regional jurisdictions, such as transportation, criminal justice and water supplies, are urgent. Empowerment and Online Movements: Rates of voting and levels of citizen activism have increased the challenges to government structures to accommodate conflicting viewpoints and new assertiveness. Rapidly forming movements, such as the Tea Party, Occupy and anti-fracking, use online communication and social media to instantaneously influence the policies and economy of the state. Thursday, May 30, 2013 Politicians Have All Become Storm Chasers Colorado Weather and Politics Ciruli Associates 2013 1976 Big Thompson flood 1982 Denver Christmas storm 1990 Limon tornado 2003 March three-foot storm Climate scientists say we can expect more extreme weather – horrific hurricanes, huge tornadoes, torrential rains and monster dumps of snow. In the last decade, Hurricane Katrina helped end George Bush’s career on a sour note, but Hurricane Sandy gave Barack Obama a final lift. Politicians have all become storm chasers, recognizing that beyond expressing sincere compassion, their careers depend upon their skill and visibility in handling the crisis. Drought, summer heat and resultant fires, tornadoes, floods and massive snow storms have had stark effects on Colorado politicians’ careers. Although Dick Lamm had won his election for governor in 1974 in a sweep for Democrats, constant bickering with legislators and an ill-temper cost him support. But a massive rain and flood of the Big Thompson project in the summer of 1976 put Lamm in a helicopter helping direct disaster aid. It contributed to his November re- election and political recovery. Lamm’s successor, Roy Romer, got a little political protection when a huge tornado devastated the high plains town of Limon. Romer also personally directed the disaster effort. The timing was serendipitous. It happened just as rumors were spreading beyond political gossip that he was having an extramarital affair with a senior staffer. The story receded as the Limon tragedy took over the media narrative. Snow has repeatedly affected political fortunes in Denver. The massive Christmas snow of 1982 helped derail re- election plans and end the political career of Mayor Bill McNichols. And, a three-foot deep snow in March 2003 trapped people indoors just as John Hickenlooper started airing his whimsical television advertisements for his Denver mayor election, beginning a decade-long political career that put him in the governorship. Approve Disapprove 8 Ciruli Associates 2013 November Ballot Will Test Democrats’ and Education Establishment’s Power Colorado Elections Presidential, Non-Presidential Even and Odd-Year Elections • Statewide income tax increase unprecedented • Are reforms sufficient or credible? • Pension overhang • Odd-year election turnout • Revolt from overreach • Win or lose, impact on future tax increase Secretary of the State 2013 Ciruli Associates 2013 Year Turnout Comment 2008 2,422,000 Presidential year 2010 1,774,000 Governor, Senate 2011 966,000 Proposition 103 2012 2,569,000 Presidential year 9 Ciruli Associates 2013 Water Planning in Colorado There is a Large Gap in Supply Agree or Disagree:  Colorado just announced it will develop a state water plan to address the gap. This is a good idea.  Colorado believes water strategies and projects must be developed to avoid the loss of irrigated agriculture in the state.  Colorado believes it will require several actions to address the gap, including water conservation, reuse and water storage and developing new supplies.  A considerable amount of water that belongs to Colorado goes out of state. Colorado should claim and store its legal share of water.  One good aspect of a state plan is the cooperation among smaller and larger cities and the urban areas and agricultural communities. 10 Ciruli Associates 2013 Fracking has its Enemies 1. Impact on cities, neighborhoods, groundwater 2. Impact on health 3. Anti-hydrocarbon, even natural gas • Forget bridge fuel 4. Local bans, regulations, litigation 5. Statewide ban (re-elect the governor first?) 11 Ciruli Associates 2013 Youth Vote in Presidential Election Did this Election Move the Country to the Left? U.S. Exit Poll for Voters 29 to 18 Years Old 2004, 2008 and 2012 • High levels of turnout (20% Colorado) and support for Obama • Millennials: 40 million to 95 million in 2020 (born after 1982) Ciruli Associates 2012 Year % of Electorate Democrat Republican 2004 17% 54% 45% 2008 18 66 32 2012 19 60 37 Younger voters are more liberal, more diverse and more online:  66% favor gay marriage vs. 45% of voters 30 years old and older  73% favored Colorado Amendment 64 – legalize marijuana. It passed by 55%.  65% voted for California Proposition 30 – tax increase. It passed by 55%.  18% Hispanic (U.S. 10%), 17% Black (U.S. 13%), 9% gay (U.S. 4%) (exit poll)  9% read newspapers; 39% online news 4 Ciruli Associates 2013 House and Senate 2014 Can Democrats Take House, Republicans Senate? Senate Majority Leader Harry Reid House Minority Leader Nancy Pelosi Senate Minority Leader Mitch McConnell House Speaker John Boehner Key Dates in Twelve Months of President Obama’s Approval Ratings Source: Real Clear Politics 2013 Formatted by: Ciruli Associates 2013 48% 49% 50% 50% 54% 52% 49% 45% 49% 48% 48% 47% 42% 43% 47% 50% 30% 40% 50% 60% Approval Disapproval 5 Ciruli Associates 2013 Wave Election Obama, Hickenlooper, Udall Obama, Hickenlooper, Udall Approval and Disapprove June 10, 2013 Source: Quinnipiac 2013 Formatted by: Ciruli Associates 2013 0% 10% 20% 30% 40% 50% 60% Obama Hickenlooper Udall 47% 47% 45% 54% 43% 31% 3% 10% 24% Approve Disapprove Don't Know $100,000,000 $120,000,000 $140,000,000 $160,000,000 $180,000,000 $200,000,000 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Assessed Value Forecast Comparison Total Assessed Value ‐ 2013 forecast Total Assessed Value ‐ 2012 forecast Medicaid  Caseloads projected to grow 85.5% between FY 13 and FY 30  General Fund expenditures for Medicaid projected to grow at a compound rate of 7.6% to 2030  Between 1976 and 2011, compound revenue growth rate was 6.42%  Impact: Medicaid costs projected to continue to grow at a rate in excess of population and inflation CFC Actual/LCS Forecast at: 0.5"