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HomeMy WebLinkAboutAgenda - Mail Packet - 9/9/2014 - Legislative Review Committee Agenda - September 9, 2014City 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 September 9, 2014, 4:00 p.m. City Manager’s Conference Room 1. Approval of minutes from August 26, 2014 meeting 2. 2015 Policy Priorities  Review draft priorities  Discuss additional items 3. Other business Next meeting: September 23 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 August 26, 2014, 4:00 p.m. City Manager’s Conference Room Present: Wade Troxell, Councilmember; Lisa Poppaw, Councilmember; Ross Cunniff, Councilmember; Wendy Williams, Assistant City Manager; Carrie Daggett, Interim City Attorney; Dan Weinheimer, Legislative Policy Manager Absent: None Guests: Tom Vosburg, Fort Collins Utilities; Kevin Jones, Chamber of Commerce; James Thompson, Office of Senator Michael Bennet; Jamie Grim, Office of Congressman Jared Polis Councilmember Troxell called the meeting to order at 4:15 pm. Adoption of the minutes from the August 12, 2014 meeting were moved for approval by Councilmember Cunniff and seconded by Councilmember Troxell. Minutes were adopted without amendment. LRC discussed the federal Trans-Pacific Partnership (TPP) beginning with presentations from James Thompson (Bennet) and Jamie Grim (Polis). The TPP is a trade agreement being negotiated between the United States and with 11 other countries throughout the Asia-Pacific region (Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam). Councilmember Cunniff expressed concern that the trade deal may preempt locally-enacted environmental protection laws and that patent language could block innovation in the United States. LRC discussed whether to bring a resolution to City Council focused on expressing the hope that the City’s Congressional Delegation support protection of general themes that may be negotiated as part of the pact. Tom Vosburg presented the opportunity to comment on pending action of the Federal Communications Commission (FCC) regarding municipal broadband. The Electric Power Board of Chattanooga, Tennessee, and the City of Wilson, North Carolina filed separate petitions asking that the FCC act pursuant to preempt portions of Tennessee and North Carolina state statutes that restrict their ability to provide broadband services. LRC approved staff submitting comments on behalf of the City to participate in the ruling. 2 LRC reviewed the 2014 Legislative Priority document and provided direction for the preparation of the 2015 Legislative Priorities. Dan will provide LRC with a redlined draft for the next LRC meeting. The meeting was adjourned at 5:18 pm. 1 INTRODUCTION Fort Collins is a community of more than 155,000 residents located at the foot of the Rocky Mountains along Colorado’s Front Range. Incorporated in 1873, the City has grown to become the commercial, educational and cultural hub of northern Colorado. The City adopted a home rule charter in 1954 and operates under a Council-Manager form of government. The Fort Collins City Council annually adopts a wide-ranging set of policy statements meant to convey positions on issues that affect the quality of life and the governance of our community. Fort Collins is a data-driven municipal organization that strives to fulfill its mission, “Exceptional service for an exceptional community”, through a vision of providing world-class municipal services through operational excellence and a culture of innovation. City leaders seek innovative solutions to issues facing the community and are often willing to leverage emerging technologies. The 2015 City of Fort Collins Legislative Policy Agenda identifies a broad range of 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. The City’s Legislative Priorities are those issues that Fort Collins is focusing on in the 2015 Colorado General Assembly or United States Congress. These priority topics, like the City’s overall policies, are reviewed and updated annually. Partnership and interagency collaboration are important methods for achieving optimal legislative outcomes. On many federal and state issues, Fort Collins shares the concerns of others within the community, within the region and other communities statewide. In these cases Fort Collins will seek opportunities to leverage additional resources to achieve shared outcomes. Seven outcome areas have been identified by the City to ensure appropriate and effective resource allocation supporting 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. 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. Deleted: 1 Deleted: 4 Deleted: 2014 Deleted: to 2 Council Members presently serving on the Legislative Review Committee are:  Councilmember Wade Troxell, Chair  Councilmember Lisa Poppaw  Councilmember Ross Cunniff FORT COLLINS LEGISLATIVE REPRESENTATION UNITED STATES SENATE MARK UDALL HART OFFICE BUILDING SUITE SH-730 WASHINGTON, D.C. 20510 P: 202-224-5941 MICHAEL BENNET 458 RUSSELL SENATE OFFICE BUILDING WASHINGTON, DC 20510 P: (202) 224-5852 UNITED STATES HOUSE OF REPRESENTATIVES JARED POLIS 1433 LONGWORTH HOUSE OFFICE BUILDING WASHINGTON, DC 20515 P: (202) 225-2161 COLORADO STATE SENATE JOHN KEFALAS SENATE DISTRICT 14 200 EAST COLFAX, ROOM 338 DENVER, CO 80203 P: 303-866-4841 COLORADO HOUSE OF REPRESENTATIVES DISTRICT 53 200 EAST COLFAX DENVER, CO 80203 P: JOANN GINAL DISTRICT 52 200 EAST COLFAX, ROOM 301 DENVER, CO 80203 P: 303-866-4569 Deleted: RANDY FISCHER¶ Formatted: Highlight Deleted: , ROOM 301 Deleted: 303-866-2917 3 LEGISLATIVE REVIEW PROCESS Bills or regulations introduced in the Colorado General Assembly or United States Congress are reviewed by the Legislative Policy Manager and those addressing a legislative priority or adopted policy position are 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 conveys that information to the appropriate state or federal representative and advocates for the City’s adopted position. Staff liaisons support the LRC by contributing expertise in various areas of municipal service. The input offered by staff experts is invaluable in analyzing impacts of proposals to Fort Collins operations and the community. Fort Collins also works with community partners to support local projects and staff collaborates with representatives of other municipalities on mutually-held priorities. Fort Collins actively seeks innovative partnerships to leverage positive outcomes for residents. The City works closely with the Colorado Municipal League (CML) and the National League of Cities (NLC) on many legislative items facing cities. Fort Collins works with 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. LEGISLATIVE PRIORITIES Objective: Cooperate with stakeholders on refinement of Urban Renewal Authority laws Issue: An Urban Renewal Authority (URA) is a tool in place to identify and revitalize areas of communities deemed blighted and provide a funding mechanism to encourage redevelopment. The main funding source for URA is Tax Increment Financing (TIF) generated through property taxes. In its best intention, urban renewal restores economic vitality and improves the safety of a designated area. Redeveloping urban areas is much harder and more expensive than new development in “greenfield sites”, thus responds to larger, more costly infrastructure needs. The state of Colorado has empowered local authorities to use Urban Renewal Authorities to encourage revitalization and the elimination of blight in these areas. URA law has been frequently modified by the General Assembly, including many changes supported by the City. In 2014, the General Assembly approved a URA overhaul bill that would have put a county appointee on a city’s URA board, required the pro rata share of TIF back to underlying taxing authorities after project completion and required cities pledge and equal share of sales tax to a URA project as they sought of county property tax. Governor Hickenlooper vetoed the bill (HB14-1375) saying in his veto message that, while the bill went too far, he Comment [DW1]: Is this expansion the wish of LRC? Intention is that drafting and submitting comments on regulations would still be an administrative matter. Deleted: Support retention Deleted: statewide Deleted: the city deemed Deleted: Deleted: tool Deleted: This year it is anticipated that several Deleted: s Deleted: could be introduced to further modify the use of URA and TIF. 4 encourages dialogue toward a balanced, bipartisan solution addressing the concerns of underlying taxing authorities. Fort Collins supports dialogue on URA refinement but does not support bills that would eliminate the use of URA or TIF Fort Collins attempts to use URA and TIF judiciously but also recognizes the concerns raised by counties, special districts and school districts about the use of TIF. URA is an important and useful tool for Fort Collins in addressing community blight and encouraging redevelopment rather than sprawl. . Objective: Support increasing 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. Citizen-initiated action to place a moratorium on oil and gas permitting in the City limits and on City-owned lands until health and property value impacts can be studied and understood has been met with legal challenge. Fort Collin supports the principle that health and community impacts of oil and gas extraction adjacent to or within urban communities should be studied and better understood. Fort Collins seeks the following:  Increased local flexibility to regulate oil and gas activity within its incorporated borders  Additional information about the chemicals being injected into the ground, especially during hydraulic fracturing  Greater knowledge and control of air emission from extraction processes and production equipment  Enhanced right for communities to regulate oil and gas as an industrial practice and therefore apply local zoning practices to operators  Better balance between surface land ownership and mineral right ownership 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: Advocate solutions for railroad-related community issues like train horn noise, transportation of hazardous materials, community notice, and cargo switching. Issue: Communities throughout the United States are wrestling with issues related to railroad proximity – these include the transport of hazardous materials, rail car safety, train horn noise, transparency related to rail cargo, and train switching. These issues affect quality of life for residents and business owners and can be catastrophic in cases of derailment disasters. Deleted: Fort Collins supports dialogue on URA enhancements but does not support bills that would eliminate the use of URA or TIF Comment [DW2]: Reflect local actions of 2014 Deleted: Implement Deleted: horn noise Formatted: Font: Not Bold 5 Fort Collins has two active railroad corridors and is working regionally, through the Colorado Municipal League (CML) and National League of Cities (NLC) to raise the profile of rail proximity issues. In addressing rail safety and rail proximity issues, the City has active relationships with Burlington Northern Santa Fe (BNSF) and Union Pacific (UP) railroad companies and has cultivated a relationship with the federal regulatory body – the Federal Railroad Administration (FRA). In order to clean our air, reduce auto congestion and improve quality of life, several federal agencies including the EPA, HUD and the Federal Transit Administration are encouraging Transit Oriented Development. The 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. Objective: Support allowing local governments to provide broadband and enhanced communication services Issue: In 2005, the Colorado General Assembly passed SB 152, “Competition in Utility and Entertainment Services.” The legislature’s stated intent behind the act was predictability, uniformity, and fairness in the cable television, telecommunications, and high-speed Internet access industries, especially where affected by municipal actions. SB 152 prohibits local governments from directly or indirectly providing cable television service, telecommunications service, or advanced service. “Advanced service” is defined as “high-speed internet access capability in excess of two hundred fifty six kilobits per second both upstream and downstream.” Wired and wireless broadband services are included in this category. Fort Collins Information Technology Department can provide wired and wireless broadband services to City offices and City-owned facilities but is precluded from doing so. The City supports modifying or repealing the provisions of SB05-152 to allow municipalities to provide this “advanced service” in their own buildings and facilities. Objective: Support clarity and consistency between state and federal marijuana laws Issue: The passage and implementation of Amendment 64 legalized adult use marijuana in Colorado. Fort Collins City Council has approved limited adult use marijuana businesses and sales in addition to existing medical marijuana businesses. Fort Collins seeks clarification on the following items:  Conflicts exist between state and federal laws regarding marijuana possession Deleted: 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. ¶ Deleted: 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. ¶ Deleted: Comment [DW3]: In 2015, Fort Collins may fund a study evaluating the costs, barriers and 6  Enforcement of the new law and its impacts on local staff and public safety resources  Rules pertaining to packaging and labeling marijuana and products containing marijuana  Effectively funding prevention of under-21 possession and use In addition to adult use marijuana, communities across the United States that have authorized medical marijuana are struggling with implementation and the need for a single, viable distribution system. At the core of the issues with both medical and adult use marijuana is the classification of the drug. 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 in conflict with federal laws. In Colorado, medical marijuana may be recommended by a doctor but not prescribed. Work is needed at the federal level to clarify this issue. The federal classification should be re- evaluated 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. Objective: Participate in federal, state and regional efforts to foster resilient communities Issue: Making communities more resilient to disaster and the effects of a changing climate has become more important to Colorado communities over the last several years as natural disasters have caused significant human and property loss. Resilience has become a term used to describe hardening vulnerable community infrastructure and preparing for predictable hazards in order to soften the blow on citizens and infrastructure. Making Fort Collins and Northern Colorado more resilient involves providing decision-makers hazard mitigation analysis and scientific data, then using that information to invest in complementary systems. Northern Colorado’s experience is that resilience must be a regional effort that pays off through coordinated advanced planning and investment. Objective: Support regional transportation infrastructure connectivity with an emphasis on funding an integrated, multi-modal system Issue: Funding for vital transportation infrastructure continues to be a high priority for the City of Fort Collins. Transportation infrastructure is a critical element to supporting community and regional economic health, safety and quality of life. We strongly support preservation of federal funding levels and full allocation of federal motor fuel taxes and other federal transportation trust funds for their intended purposes. In addition, we urge development of a new, more stable, long-range transportation funding mechanism that Deleted: <#>The amount and portion shared locally of sales and excise taxes¶ <#>Hours and standards for operation for marijuana businesses¶ Deleted: and experience Deleted: s Deleted: is Deleted: Support necessary resources to aid Northern Colorado recovery from 2013 flooding Formatted: Tab stops: 2.74", Left Deleted: Northern Colorado sustained significant flooding that left many people dead, thousands displaced, and infrastructure severely compromised. Fort Collins and its regional partners will seek funding to rebuild infrastructure. Roads, bridges, stormwater and wastewater systems were damaged in many communities throughout Northern Colorado. Residents need to have transportation, sanitary systems and safe housing. Rebuilding the roads and bridges is also critical to restoring tourism and access to the environmental assets of the region.¶ ¶ Fort Collins stands alongside its neighbors in supporting funding needed to replace or repair needed systems. 7 doesn’t rely upon fuel tax revenues. Fuel tax is no longer a sustainable method of funding the nation’s transportation infrastructure needs. Fort Collins seeks a solution to secure critical funding of the nation’s highway and bridge projects. Allowing the Highway Trust Fund to become insolvent would be devastating to the City’s transportation infrastructure and have impacts throughout the Northern Colorado economy. The City supports a long-term reauthorization of the nation’s surface transportation law with a focus on transit, livable community planning, comprehensive regional investments, revitalization of existing infrastructure, pedestrian and bicycle infrastructure, and approaches that decrease petroleum consumption and reduce carbon pollution. Objective: Pursue federal policies and resources needed to attain City-adopted climate action and greenhouse gas (GHG) reduction goals Issue: Fort Collins has adopted aggressive climate action and greenhouse gas reduction goals. The City supports policies and legislation helping communities to achieve specific greenhouse gas reductions, gather scientific data supporting climate actions and to invest in needed infrastructure to limit or reduce greenhouse gas emissions. The "Empowering Local Clean Energy Action" federal policy agenda identifies key policies and resources needed for local governments to sustain cleaner energy progress. These include investments in federal programs such as the Department of Energy’s Energy Efficiency and Conservation Block Grants, EPA's Climate Showcase Communities, HUD's Sustainable Communities, and other programs that provide direct support for local sustainability initiatives. Fort Collins supports clarification at the federal and state levels of Property Assessed Clean Energy (PACE) programs. PACE financing, an alternative to a loan, is designed to encourage the installation of renewable-energy systems and improve energy efficiency by helping property owners overcome the barrier of high up-front energy equipment and installation costs. Home energy efficiency can be a significant contributor to community energy efficiency and GHG- reduction goals. Objective: Support resource management planning activities including ensuring adequate water supply; proper waste management and wastewater Issue: Water resources from the Mountain West to California are stressed by many factors – environmental, population growth and infrastructure. Local water resource planning efforts ensure adequate supply to residents through managing the City’s water rights portfolio and encouraging conservation. Fort Collins will support efforts to address water needs, preserve its water rights portfolio, and to encourage conservation of water resources. The conservation of water resources extends to support for Cache la Poudre River restoration projects. Deleted: This Deleted: applauds the Deleted: ie Deleted: s Deleted: planning Deleted: other Deleted: 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 Comment [DW4]: Do we want to mention funding for I-25 widening? Deleted: . Deleted: ¶ Deleted: Emphasize Deleted: sustain local cleaner energy progress Comment [DW5]: While PACE financing does not reduce the total price tag of a solar-energy system, it helps make a system more affordable by 8 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 reform to construction defect law that balances reasonable consumer protection with protections to homebuilders Issue: Housing affordability in Fort Collins is driven by many factors; inventory of affordable housing types is an important one. City leaders have heard that Colorado’s construction defect law is either preventing the construction of condominium units or causing those units developed to have a costlier price tag. Condominium units are both a step into home ownership for younger buyers and a step down from a home for aging residents seeking to downsize. Both average home prices and average rents ($1,216 in Q1) have been high in Fort Collins. The vacancy rate was at 1.6 percent in the first quarter 2014, according to the Colorado Multifamily Housing Vacancy and Rental Survey conducted by the Colorado Division of Housing. The City hopes to encourage the development of quality condominium properties that both expand the market and deliver a missing rung in the home ownership ladder. In doing so, it is not the intention of the City to remove the burden on homebuilders to construct quality units. Objective: Support community innovation and the innovation economy Issue: Innovation is a key attribute of the City organization and is also important to the community. Fort Collins has numerous drivers of innovation, intellectual property and inventions with an educated resident base, Colorado State University, federal research labs, and a long list of innovative companies. As a result, Fort Collins has a culture and support system that nurtures an innovation economy with the City often serving as a living laboratory for ideas and new technologies. 9 The City will maintain and enhance its innovation economy through support of efforts to simplify the commercialization of intellectual property, efforts to increase the available capital to support innovation and new business formation, efforts that support the spin-out and development of intellectual property from research institutes, private business, and higher education, and efforts to encourage the retention of new and innovative businesses in the community. The City will continue to support business incubation, primarily through the commercialization of intellectual property, with strong partnerships. Objective: Support policies and legislation that help community address poverty and homelessness Issue: Poverty and homelessness are persistent issues in Fort Collins; the City is interested in developing homegrown solutions to these problems through collaboration and innovation. The City plays both a convening and leadership role among the many community service providers – seeking to foster sustainable solutions to complex social issues through a combination of City involvement and leadership. Fort Collins supports solutions to addressing poverty within the community like:  Create or expand an affordable housing fund  Implement the Earned Income Tax Credit  Fixing the Child Care Tax Credit (See Colorado Center on Law & Policy web site)  Develop or expand programs that ensure a smooth transition from foster care to independence—often kids leave foster care and lose all support they have, and thus end up homeless because they don’t have the skills or maturity to make it on their own.  Increase funding for mental health care/programs. 10 CITY OF FORT COLLINS LEGISLATIVE CONTACTS Legislative Review Committee Name District/Title Email Councilmember Wade Troxell District 4 wtroxell@fcgov.com Councilmember Lisa Poppaw District 2 lpoppaw@fcgov.com Councilmember Ross Cunniff District 5 rcunniff@fcgov.com Wendy Williams Assistant City Manager wwilliams@fcgov.com Carrie Daggett Interim City Attorney cdaggett@fcgov.com Dan Weinheimer Legislative Policy Manager dweinheimer@fcgov.com Legislative Staff Liaison Members Topic Area Name Title Email Affordable Housing and Social Sustainability Mary Atchison Social Sustainability Director matchison@fcgov.com Air Quality Melissa Hovey Senior Environmental Planner mhovey@fcgov.com Cable Television Franchise Carson Hamlin Cable Television Manager chamlin@fcgov.com Climate and Environmental Protection Lucinda Smith Environmental Services Director lsmith@fcgov.com Elections, Liquor Licensing, Medical Marijuana Licensing Wanda Nelson City Clerk wnelson@fcgov.com Cultural Services, Parks and Recreation J.R. Schnelzer Director of Parks jrschnelzer@fcgov.com Energy Steve Catanach Light and Power Operations Manager SCatanach@fcgov.com Finance Michael Beckstead Chief Financial Officer mbeckstead@fcgov.com Economic Health Josh Birks Economic Health Director jbirks@fcgov.com Fire Protection and Hazardous Materials Management Bob Poncelow Division Chief, Poudre Fire Authority bponcelow@poudre- fire.org Human Resources Janet Miller Human Resources 11 Legal Carrie Daggett Interim City Attorney cdaggett@fcgov.com Natural Areas, Open Lands and Cache la Poudre River Issues John Stokes Natural Resources Director jstokes@fcgov.com Neighborhood and Building Services Mike Gebo Chief Building Official mgebo@fcgov.com Planning and Land Use Lindsay Ex Senior Environmental Planner lex@fcgov.com Public Safety Rita Davis Project and Public Information Manager rdavis@fcgov.com Recycling and Solid Waste Susie Gordon Senior Environmental Planner sgordon@fcgov.com Risk Management Lance Murray Risk Manager lmurray@fcgov.com Stormwater Jon Haukaas Water Engineering Field Operations Manager jhaukaas@fcgov.com Transportation Mark Jackson Planning, Development and Transportation Deputy Director mjackson@fcgov.com Utilities Customer Service Lisa Rosintoski Utility Customer Connections Manager lrosintoski@fcgov.com Water Supply and Quality Kevin Gertig Fort Collins Utilities Executive Director kgertig@fcgov.com Deleted: Deputy City Attorney Deleted: Water Resource and Treatment Operations Manager 1 INTRODUCTION Fort Collins is a community of more than 155,000 residents located at the foot of the Rocky Mountains along Colorado’s Front Range. Incorporated in 1873, the City has grown to become the commercial, educational and cultural hub of northern Colorado. The City adopted a home rule charter in 1954 and operates under a Council-Manager form of government. The Fort Collins City Council annually adopts a wide-ranging set of policy statements meant to convey positions on issues that affect the quality of life and the governance of our community. Fort Collins is a data-driven municipal organization that strives to fulfill its mission, “Exceptional service for an exceptional community”, through a vision of providing world-class municipal services through operational excellence and a culture of innovation. City leaders seek innovative solutions to issues facing the community and are often willing to leverage emerging technologies. The 2015 City of Fort Collins Legislative Policy Agenda identifies a broad range of 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. The City’s Legislative Priorities are those issues that Fort Collins is focusing on in the 2015 Colorado General Assembly or United States Congress. These priority topics, like the City’s overall policies, are reviewed and updated annually. Partnership and interagency collaboration are important methods for achieving optimal legislative outcomes. On many federal and state issues, Fort Collins shares the concerns of others within the community, within the region and other communities statewide. In these cases Fort Collins will seek opportunities to leverage additional resources to achieve shared outcomes. Seven outcome areas have been identified by the City to ensure appropriate and effective resource allocation supporting 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. 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. 2 Council Members presently serving on the Legislative Review Committee are:  Councilmember Wade Troxell, Chair  Councilmember Lisa Poppaw  Councilmember Ross Cunniff FORT COLLINS LEGISLATIVE REPRESENTATION UNITED STATES SENATE MARK UDALL HART OFFICE BUILDING SUITE SH-730 WASHINGTON, D.C. 20510 P: 202-224-5941 MICHAEL BENNET 458 RUSSELL SENATE OFFICE BUILDING WASHINGTON, DC 20510 P: (202) 224-5852 UNITED STATES HOUSE OF REPRESENTATIVES JARED POLIS 1433 LONGWORTH HOUSE OFFICE BUILDING WASHINGTON, DC 20515 P: (202) 225-2161 COLORADO STATE SENATE JOHN KEFALAS SENATE DISTRICT 14 200 EAST COLFAX, ROOM 338 DENVER, CO 80203 P: 303-866-4841 COLORADO HOUSE OF REPRESENTATIVES DISTRICT 53 200 EAST COLFAX DENVER, CO 80203 P: JOANN GINAL DISTRICT 52 200 EAST COLFAX, ROOM 301 DENVER, CO 80203 P: 303-866-4569 3 LEGISLATIVE REVIEW PROCESS Bills or regulations introduced in the Colorado General Assembly or United States Congress are reviewed by the Legislative Policy Manager and those addressing a legislative priority or adopted policy position are 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 conveys that information to the appropriate state or federal representative and advocates for the City’s adopted position. Staff liaisons support the LRC by contributing expertise in various areas of municipal service. The input offered by staff experts is invaluable in analyzing impacts of proposals to Fort Collins operations and the community. Fort Collins also works with community partners to support local projects and staff collaborates with representatives of other municipalities on mutually-held priorities. Fort Collins actively seeks innovative partnerships to leverage positive outcomes for residents. The City works closely with the Colorado Municipal League (CML) and the National League of Cities (NLC) on many legislative items facing cities. Fort Collins works with 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. LEGISLATIVE PRIORITIES Objective: Cooperate with stakeholders on refinement of Urban Renewal Authority laws Issue: An Urban Renewal Authority (URA) is a tool in place to identify and revitalize areas of communities deemed blighted and provide a funding mechanism to encourage redevelopment. The main funding source for URA is Tax Increment Financing (TIF) generated through property taxes. In its best intention, urban renewal restores economic vitality and improves the safety of a designated area. Redeveloping urban areas is much harder and more expensive than new development in “greenfield sites”, thus responds to larger, more costly infrastructure needs. The state of Colorado has empowered local authorities to use Urban Renewal Authorities to encourage revitalization and the elimination of blight in these areas. URA law has been frequently modified by the General Assembly, including many changes supported by the City. In 2014, the General Assembly approved a URA overhaul bill that would have put a county appointee on a city’s URA board, required the pro rata share of TIF back to underlying taxing authorities after project completion and required cities pledge and equal share of sales tax to a URA project as they sought of county property tax. Governor Hickenlooper vetoed the bill (HB14-1375) saying in his veto message that, while the bill went too far, he 4 encourages dialogue toward a balanced, bipartisan solution addressing the concerns of underlying taxing authorities. Fort Collins supports dialogue on URA refinement but does not support bills that would eliminate the use of URA or TIF Fort Collins attempts to use URA and TIF judiciously but also recognizes the concerns raised by counties, special districts and school districts about the use of TIF. URA is an important and useful tool for Fort Collins in addressing community blight and encouraging redevelopment rather than sprawl. . Objective: Support increasing 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. Citizen-initiated action to place a moratorium on oil and gas permitting in the City limits and on City-owned lands until health and property value impacts can be studied and understood has been met with legal challenge. Fort Collin supports the principle that health and community impacts of oil and gas extraction adjacent to or within urban communities should be studied and better understood. Fort Collins seeks the following:  Increased local flexibility to regulate oil and gas activity within its incorporated borders  Additional information about the chemicals being injected into the ground, especially during hydraulic fracturing  Greater knowledge and control of air emission from extraction processes and production equipment  Enhanced right for communities to regulate oil and gas as an industrial practice and therefore apply local zoning practices to operators  Better balance between surface land ownership and mineral right ownership 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: Advocate solutions for railroad-related community issues like train horn noise, transportation of hazardous materials, community notice, and cargo switching. Issue: Communities throughout the United States are wrestling with issues related to railroad proximity – these include the transport of hazardous materials, rail car safety, train horn noise, transparency related to rail cargo, and train switching. These issues affect quality of life for residents and business owners and can be catastrophic in cases of derailment disasters. 5 Fort Collins has two active railroad corridors and is working regionally, through the Colorado Municipal League (CML) and National League of Cities (NLC) to raise the profile of rail proximity issues. In addressing rail safety and rail proximity issues, the City has active relationships with Burlington Northern Santa Fe (BNSF) and Union Pacific (UP) railroad companies and has cultivated a relationship with the federal regulatory body – the Federal Railroad Administration (FRA). In order to clean our air, reduce auto congestion and improve quality of life, several federal agencies including the EPA, HUD and the Federal Transit Administration are encouraging Transit Oriented Development. The 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. Objective: Support allowing local governments to provide broadband and enhanced communication services Issue: In 2005, the Colorado General Assembly passed SB 152, “Competition in Utility and Entertainment Services.” The legislature’s stated intent behind the act was predictability, uniformity, and fairness in the cable television, telecommunications, and high-speed Internet access industries, especially where affected by municipal actions. SB 152 prohibits local governments from directly or indirectly providing cable television service, telecommunications service, or advanced service. “Advanced service” is defined as “high-speed internet access capability in excess of two hundred fifty six kilobits per second both upstream and downstream.” Wired and wireless broadband services are included in this category. Fort Collins Information Technology Department can provide wired and wireless broadband services to City offices and City-owned facilities but is precluded from doing so. The City supports modifying or repealing the provisions of SB05-152 to allow municipalities to provide this “advanced service” in their own buildings and facilities. Objective: Support clarity and consistency between state and federal marijuana laws Issue: The passage and implementation of Amendment 64 legalized adult use marijuana in Colorado. Fort Collins City Council has approved limited adult use marijuana businesses and sales in addition to existing medical marijuana businesses. Fort Collins seeks clarification on the following items:  Conflicts exist between state and federal laws regarding marijuana possession 6  Enforcement of the new law and its impacts on local staff and public safety resources  Rules pertaining to packaging and labeling marijuana and products containing marijuana  Effectively funding prevention of under-21 possession and use In addition to adult use marijuana, communities across the United States that have authorized medical marijuana are struggling with implementation and the need for a single, viable distribution system. At the core of the issues with both medical and adult use marijuana is the classification of the drug. 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 in conflict with federal laws. In Colorado, medical marijuana may be recommended by a doctor but not prescribed. Work is needed at the federal level to clarify this issue. The federal classification should be re- evaluated 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. Objective: Participate in federal, state and regional efforts to foster resilient communities Issue: Making communities more resilient to disaster and the effects of a changing climate has become more important to Colorado communities over the last several years as natural disasters have caused significant human and property loss. Resilience has become a term used to describe hardening vulnerable community infrastructure and preparing for predictable hazards in order to soften the blow on citizens and infrastructure. Making Fort Collins and Northern Colorado more resilient involves providing decision-makers hazard mitigation analysis and scientific data, then using that information to invest in complementary systems. Northern Colorado’s experience is that resilience must be a regional effort that pays off through coordinated advanced planning and investment. Objective: Support regional transportation infrastructure connectivity with an emphasis on funding an integrated, multi-modal system Issue: Funding for vital transportation infrastructure continues to be a high priority for the City of Fort Collins. Transportation infrastructure is a critical element to supporting community and regional economic health, safety and quality of life. We strongly support preservation of federal funding levels and full allocation of federal motor fuel taxes and other federal transportation trust funds for their intended purposes. In addition, we urge development of a new, more stable, long-range transportation funding mechanism that 7 doesn’t rely upon fuel tax revenues. Fuel tax is no longer a sustainable method of funding the nation’s transportation infrastructure needs. Fort Collins seeks a solution to secure critical funding of the nation’s highway and bridge projects. Allowing the Highway Trust Fund to become insolvent would be devastating to the City’s transportation infrastructure and have impacts throughout the Northern Colorado economy. The City supports a long-term reauthorization of the nation’s surface transportation law with a focus on transit, livable community planning, comprehensive regional investments, revitalization of existing infrastructure, pedestrian and bicycle infrastructure, and approaches that decrease petroleum consumption and reduce carbon pollution. Objective: Pursue federal policies and resources needed to attain City-adopted climate action and greenhouse gas (GHG) reduction goals Issue: Fort Collins has adopted aggressive climate action and greenhouse gas reduction goals. The City supports policies and legislation helping communities to achieve specific greenhouse gas reductions, gather scientific data supporting climate actions and to invest in needed infrastructure to limit or reduce greenhouse gas emissions. The "Empowering Local Clean Energy Action" federal policy agenda identifies key policies and resources needed for local governments to sustain cleaner energy progress. These include investments in federal programs such as the Department of Energy’s Energy Efficiency and Conservation Block Grants, EPA's Climate Showcase Communities, HUD's Sustainable Communities, and other programs that provide direct support for local sustainability initiatives. Fort Collins supports clarification at the federal and state levels of Property Assessed Clean Energy (PACE) programs. PACE financing, an alternative to a loan, is designed to encourage the installation of renewable-energy systems and improve energy efficiency by helping property owners overcome the barrier of high up-front energy equipment and installation costs. Home energy efficiency can be a significant contributor to community energy efficiency and GHG- reduction goals. Objective: Support resource management planning activities including ensuring adequate water supply; proper waste management and wastewater Issue: Water resources from the Mountain West to California are stressed by many factors – environmental, population growth and infrastructure. Local water resource planning efforts ensure adequate supply to residents through managing the City’s water rights portfolio and encouraging conservation. Fort Collins will support efforts to address water needs, preserve its water rights portfolio, and to encourage conservation of water resources. The conservation of water resources extends to support for Cache la Poudre River restoration projects. 8 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 reform to construction defect law that balances reasonable consumer protection with protections to homebuilders Issue: Housing affordability in Fort Collins is driven by many factors; inventory of affordable housing types is an important one. City leaders have heard that Colorado’s construction defect law is either preventing the construction of condominium units or causing those units developed to have a costlier price tag. Condominium units are both a step into home ownership for younger buyers and a step down from a home for aging residents seeking to downsize. Both average home prices and average rents ($1,216 in Q1) have been high in Fort Collins. The vacancy rate was at 1.6 percent in the first quarter 2014, according to the Colorado Multifamily Housing Vacancy and Rental Survey conducted by the Colorado Division of Housing. The City hopes to encourage the development of quality condominium properties that both expand the market and deliver a missing rung in the home ownership ladder. In doing so, it is not the intention of the City to remove the burden on homebuilders to construct quality units. Objective: Support community innovation and the innovation economy Issue: Innovation is a key attribute of the City organization and is also important to the community. Fort Collins has numerous drivers of innovation, intellectual property and inventions with an educated resident base, Colorado State University, federal research labs, and a long list of innovative companies. As a result, Fort Collins has a culture and support system that nurtures an innovation economy with the City often serving as a living laboratory for ideas and new technologies. 9 The City will maintain and enhance its innovation economy through support of efforts to simplify the commercialization of intellectual property, efforts to increase the available capital to support innovation and new business formation, efforts that support the spin-out and development of intellectual property from research institutes, private business, and higher education, and efforts to encourage the retention of new and innovative businesses in the community. The City will continue to support business incubation, primarily through the commercialization of intellectual property, with strong partnerships. Objective: Support policies and legislation that help community address poverty and homelessness Issue: Poverty and homelessness are persistent issues in Fort Collins; the City is interested in developing homegrown solutions to these problems through collaboration and innovation. The City plays both a convening and leadership role among the many community service providers – seeking to foster sustainable solutions to complex social issues through a combination of City involvement and leadership. Fort Collins supports solutions to addressing poverty within the community like:  Create or expand an affordable housing fund  Implement the Earned Income Tax Credit  Fixing the Child Care Tax Credit (See Colorado Center on Law & Policy web site)  Develop or expand programs that ensure a smooth transition from foster care to independence—often kids leave foster care and lose all support they have, and thus end up homeless because they don’t have the skills or maturity to make it on their own.  Increase funding for mental health care/programs. 10 CITY OF FORT COLLINS LEGISLATIVE CONTACTS Legislative Review Committee Name District/Title Email Councilmember Wade Troxell District 4 wtroxell@fcgov.com Councilmember Lisa Poppaw District 2 lpoppaw@fcgov.com Councilmember Ross Cunniff District 5 rcunniff@fcgov.com Wendy Williams Assistant City Manager wwilliams@fcgov.com Carrie Daggett Interim City Attorney cdaggett@fcgov.com Dan Weinheimer Legislative Policy Manager dweinheimer@fcgov.com Legislative Staff Liaison Members Topic Area Name Title Email Affordable Housing and Social Sustainability Mary Atchison Social Sustainability Director matchison@fcgov.com Air Quality Melissa Hovey Senior Environmental Planner mhovey@fcgov.com Cable Television Franchise Carson Hamlin Cable Television Manager chamlin@fcgov.com Climate and Environmental Protection Lucinda Smith Environmental Services Director lsmith@fcgov.com Elections, Liquor Licensing, Medical Marijuana Licensing Wanda Nelson City Clerk wnelson@fcgov.com Cultural Services, Parks and Recreation J.R. Schnelzer Director of Parks jrschnelzer@fcgov.com Energy Steve Catanach Light and Power Operations Manager SCatanach@fcgov.com Finance Michael Beckstead Chief Financial Officer mbeckstead@fcgov.com Economic Health Josh Birks Economic Health Director jbirks@fcgov.com Fire Protection and Hazardous Materials Management Bob Poncelow Division Chief, Poudre Fire Authority bponcelow@poudre- fire.org Human Resources Janet Miller Human Resources 11 Legal Carrie Daggett Interim City Attorney cdaggett@fcgov.com Natural Areas, Open Lands and Cache la Poudre River Issues John Stokes Natural Resources Director jstokes@fcgov.com Neighborhood and Building Services Mike Gebo Chief Building Official mgebo@fcgov.com Planning and Land Use Lindsay Ex Senior Environmental Planner lex@fcgov.com Public Safety Rita Davis Project and Public Information Manager rdavis@fcgov.com Recycling and Solid Waste Susie Gordon Senior Environmental Planner sgordon@fcgov.com Risk Management Lance Murray Risk Manager lmurray@fcgov.com Stormwater Jon Haukaas Water Engineering Field Operations Manager jhaukaas@fcgov.com Transportation Mark Jackson Planning, Development and Transportation Deputy Director mjackson@fcgov.com Utilities Customer Service Lisa Rosintoski Utility Customer Connections Manager lrosintoski@fcgov.com Water Supply and Quality Kevin Gertig Fort Collins Utilities Executive Director kgertig@fcgov.com Director jmiller@fcgov.com Director jmiller@fcgov.com Deleted: Steve Roy Deleted: sroy Deleted: Joe Frank Deleted: jfrank spreading the cost of the system over a long time period. PACE financing could effectively allow property owners to borrow money for energy efficient home improvements and repay the cost via a special assessment on property taxes, or another locally-collected tax or bill. Deleted: Support integrated waste management planning, including the potential for waste-to- energy benefits Deleted: funding for Deleted: building Deleted: will Deleted: Deleted: levels of Deleted: of all federal Deleted: opportunities related to the City providing advanced broadband services. Deleted: ¶ The extent communities can regulate and tax marijuana