HomeMy WebLinkAboutAgenda - Full - Legislative Review Committee - 11/05/2021 -
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
November 5, 2021
4:00-5:00 PM
City Hall, CIC Room 300 LaPorte Ave/Microsoft Teams (Click here to join the meeting)
1. Approval of minutes from October 7, 2021 Meeting
a. Attached: October 7, 2021 Minutes
2. Final Legislative Policy Agenda Review
3. Colorado Municipal League (CML) Policy Review
a. Attached: CML Policy Summary
4. DC Trip: Highlights/Questions
5. Other Business
a. Legislative Breakfast: December 7, 2021 8:00-9:30 a.m. Colorado River room is reserved
b. Lobby RFP is out
c. Capital Watch – Bill Tracking
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 Minutes
October 7th, 2021
10:00 – 11:00 AM
Committee Members Present:
Tricia Canonico (Chair)
Jeni Arndt
Shirley Peel
Staff Present:
Tyler Marr
John Duval
Ginny Sawyer
DeAngelo Bowden
Carrie Dagget
Residents Present:
Kevin Jones
Approval of minutes from Previous Meeting
• Unanimous Approval of the minutes
Overview
Legislative review committee was in support of redline changes to the policy agenda with exception to the items listed
below:
1. 2022 Legislative Policy Agenda Review (Attached Redlined 2022 LPA)
a. Year and name updates
b. Removal of Affordable from the Housing work. (Broadens the conversation)
i. HB21 – 1117 Inclusionary Housing Highlighted
c. Beer and Liquor
i. Sharing Accountability (Individual/Licensee) – Added “Store Clerk” (CM Canonico).
d. Child Care
i. “Supports regulations that streamline requirements and reduce the complexity and cost of
childcare services” - Added (CM Peel).
e. Energy
i. “Supports efforts and incentives which promote electrification of homes” - Added (CM Canonico)
f. Immigration and National Border Conditions
i. “Supports local control over how state and federal funding for health care, affordable housing
and food security…” - Added Federal funding (CM Canonico).
g. Marijuana and Hemp
i. “Opposes under-21 access to marijuana and supports increasing penalties to those supplying to
underage individuals.” – Added increasing penalties (CM Peel).
ii. “…research on the harmful effects of high concentrate THC and Transparency…” – Removed
minors to focus more on everyone, specifically adults (CM Canonico).
h. Public Health
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i. “Supports legislation that prohibits the sale or transfer of unregistered firearms.” – Added (CM
Canonico).
i. Small Business Support
i. Would not add caps to delivery fees (CM Peel).
j. Water, Wastewater and Stormwater
i. More information requested in this section from (CM Canonico).
2. DC Trip Preview and Speaking Points Overview
a. Wildfire, Housing, reducing barriers for local government spending federal funding.
i. USDA/HUD
ii. NLC Meeting (Transportation)
3. Other Business
a. Legislative Breakfast (Early December)
b. Update on conversation with Chief Judge Jill Hueser – Warrants (Mayor Arndt).
2022
City of Fort Collins
Legislative Policy Agenda
TABLE OF CONTENTS
Table of Contents ........................................................................................................................ 1
Home Rule and Local Control .................................................................................................... 6
Housing ....................................................................................................................................... 7
Air Quality .................................................................................................................................. 7
Beer and Liquor .......................................................................................................................... 8
Broadband and Cable .................................................................................................................. 9
Childcare ..................................................................................................................................... 9
Climate ...................................................................................................................................... 10
Development Review and Land Use Planning ......................................................................... 11
Elections .................................................................................................................................... 12
Energy ....................................................................................................................................... 12
Finance ...................................................................................................................................... 13
Hazardous Materials Management ........................................................................................... 14
Health Care ............................................................................................................................... 14
Human Resources ..................................................................................................................... 15
Immigration and National Border Conditions .......................................................................... 16
Marijuana .................................................................................................................................. 17
Municipal Court ........................................................................................................................ 17
Oil and Gas ............................................................................................................................... 18
Open Records and Data Management....................................................................................... 18
Parks and Natural Areas, And Public Amenities ...................................................................... 19
Public Health ............................................................................................................................. 19
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Public Safety ............................................................................................................................. 20
Recycling and Solid Waste Reduction ...................................................................................... 22
Risk Management and Liability ................................................................................................ 23
Transportation ........................................................................................................................... 24
Urban Renewal and Downtown Development ......................................................................... 25
Water, Wastewater, and Stormwater ........................................................................................ 26
City of Fort Collins Legislative Contacts ................................................................................. 27
INTRODUCTION
Fort Collins is a community of approximately 175,000 residents. 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 City 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 Fort Collins City Council annually adopts a Policy Agenda ahead of the
upcoming Colorado general Assembly session for the purpose of guiding legislators
and staff in supporting community goals.
The Policy Agenda is broad set of policy statements meant to convey positions on
issues that affect the quality of life and the governance of our community. It 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.
Fort Collins welcomes opportunities to work in partnership to leverage additional
resources and participate in regional dialogue to achieve shared outcomes.
The City has identified seven outcome areas to ensure appropriate and effective
resource allocation supporting the community’s priorities. Outcome areas include
Culture and Recreation; Economic Health; Environmental Health; High Performing
Government; Neighborhood Livability and Social Health; Safe Community; and
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Transportation and Mobility. The Policy Agenda identifies this alignment as it is
important for City staff to ensure that advocacy supports specific desired
outcomes.
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CITY OF FORT COLLINS
LEGISLATIVE REVIEW COMMITTEE
The Legislative Review Committee (LRC) is a representative group of Council
members that reviews and reacts to proposed legislation on behalf of City Council
and the City. In taking a position on bills, the LRC interprets and applies the
various policies that are included in the Legislative Policy Agenda.
Council Members presently serving on the Legislative Review Committee are:
• Councilmember Tricia Canonico, Chair
• Councilmember Shirley Peel
• Mayor Jeni Arndt
LEGISLATIVE REVIEW PROCESS
In 2022, the City of Fort Collins will rely heavily on the Legislative Policy Agenda,
the Colorado Municipal League, and the Colorado Communities for Climate Action
organizations for the majority of bill tracking and identification.
The City currently maintains memberships with the Colorado Municipal League and
Colorado Communities for Climate Action – both groups maintain a fulltime
presence at the capitol and engage in bill identification and advocacy consistent
with their own adopted policy agendas. The City influences both groups’ policy
agendas, and while not perfectly consistent with our own, both generally advance
and protect the City’s interests.
Bills introduced in the Colorado General Assembly, United States Congress and
federal, state or county regulations or rulemakings are reviewed by City staff. Bills,
regulations and rules that are identified as having a potential impact on the City will
be brought to the LRC for discussion. If LRC adopts a position, staff will convey that
information to the appropriate state or federal representative and advocate for the
adopted position.
Due to the time-sensitive nature of the General Assembly, if a bill’s subject matter is
addressed in this Policy Agenda, staff will proactively work with state and federal
representatives to advance the City’s position as expressed in this legislative policy
agenda and other Council-adopted plans and policies. Staff will provide regular
updates to the LRC and the full City Council regarding bills of consequence to the City
and will consult with the LRC regarding bills for which direction under the adopted
policy is unclear.
Staff liaisons support the LRC by contributing expertise in various areas of municipal
service. The City Attorney’s Office also reviews selected bills and may provide
confidential legal analysis. 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.
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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
maintains membership with Colorado Association of Municipal Utilities (CAMU)
which represents 29 municipal utilities throughout the state on utility issues,
Colorado Communities for Climate Action (CC4CA) which represents municipalities
on climate issues. In addition, Fort Collins actively participates in various trade
organizations which represent specific areas of interest to City operations.
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2022 LEGISLATIVE POLICY STATEMENTS
HOME RULE AND LOCAL CONTROL
In order to consider and manage local conditions and desires, community issues and
needs should be addressed locally. For this reason, home rule authority is of utmost
importance to the City of Fort Collins. The City must be free 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. The City
also understands the accumulative effect of these and other activities have statewide
ramifications that may call for statewide regulation, to effectively manage such
things as overall growth and development in the state, traffic congestion in major
transportation corridors and environmental quality.
Therefore, the City:
1. Supports strengthening and preserving home rule authority of municipal
governments.
2. Opposes State or Federal intervention in matters of local concern or matters that
unnecessarily or adversely affect the City’s ability to manage and operate
pursuant to its home rule authority.
3. Opposes changes that increase (and supports changes that lessen) the burdens
and limits on municipalities associated with public or other government records,
public meetings and establishment of ethics standards and procedures, operation
of municipal courts, and other matters of municipal operations or authority.
4. Supports enabling cities to choose the provision of services through private
enterprise in a manner that fosters cost effective, sustainable, quality services.
5. Supports local control of the awarding of contracts and the accountability of local
officials for those actions.
6. Opposes mandates that increase the complexity and cost of services without
improving those services.
7. Supports collaborative regional efforts for the benefit of participating
communities.
8. Supports potential legislation to clarify when an email exchange among elected
officials constitutes a “meeting” subject to the requirements of the Colorado
Open Meetings Law, including possible identification of a safe harbor within which
elected officials can communicate by electronic mail without constituting a
meeting in order to preserve and enable the use of this effective and now
common-place technology within appropriate transparency requirements and
other reasonable limitations.
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HOUSING
NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH
The City recognizes that the affordability and availability of quality housing is critical
to a vibrant and diverse community. The City’s Housing Strategic Plan establishes a
community vision that everyone has stable, healthy housing they can afford.
Therefore, the City:
1. Supports enhancing funding for affordable housing throughout Colorado, including
expanding the State Low Income Housing Tax Credit program and providing funding
for affordable for-sale homes, but not increases to unrelated fees.
2. Supports increasing local government’s ability to regulate, manage or generate
alternative sources of funding for affordable housing, including public-private
partnerships.
3. Supports maintaining stronger amendments to construction defect laws to promote
the construction of owner occupied-attached housing.
4. Supports creating an adequate supply of housing for all income levels and
continued public and private sector support for these efforts.
5. Supports exploring expansion of Mobile Home Act to address rent pad stabilization,
transparency in utility billing, and other livability issues.
6. Supports consideration of changes that would permit municipalities to adopt rent
stabilization policies.
7. Supports consideration of incentives and/or requirements to encourage land use
reforms that will increase housing supply statewide, particularly through
eliminating zoning barriers to accessible, healthy, affordable housing.
8. Supports policies that intentionally link transportation funding and housing funding
so that investment is prioritized where there is policy alignment between multi
modal infrastructure and transit supportive housing densities.
9. Supports funding and regional support for homelessness prevention, housing
coordination and placement, and supportive services to assist with housing
retention.
10. Supports the development of a statewide disparity study, in consultation with local
governments, to assess the state and local impacts of systemic racism on multiple
indicators, e.g., housing affordability, social inclusion and economic opportunity,
educational attainment, mental and physical health, and more.
AIR QUALITY
ENVIRONMENTAL HEALTH
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The City’s Air Quality Plan reiterates the adopted City Plan strong overall goal “to
protect human health and the environment through continuous improvements in air
quality.”
Therefore, the City:
1. Supports programs and policies that improve public health and air quality,
including attainment of National Ambient Air Quality Standards for ozone.
2. Supports local government authority to improve air quality beyond minimum State
or Federal requirements.
3. Supports implementation of expanded air quality monitoring programs.
4. Supports adequate authority and resource at all levels of government to enforce
air quality regulations.
5. Supports economic incentives, disincentives and other market approaches that
promote low emission and zero emission alternatives to carbon-based fuels.
6. Supports strengthening vehicle and fuel efficiency standards, including programs
and policies that promote the use of zero and low emission vehicles (e.g., electric)
and the development of infrastructure needed to support the use of those
vehicles.
7. Supports programs or incentives that reduce vehicle miles traveled, through
transit-oriented development and enhanced access to alternative modes (e.g.,
walking, biking and transit).
BEER AND LIQUOR
SAFE COMMUNITY
The City issues and renews liquor licenses, enforces license rules, and holds hearings
for liquor license violations.
Therefore, the City:
1. Supports greater local licensing final authority for all types of licensing (New,
Transfers, Modifications, and Manager Registration.)
2. Supports a sharing of accountability of serving violations between license holder
and individual server or store clerk.
3. Supports permanent ability for licensees to service alcohol on a
temporary/permanent basis in non-contiguous areas.
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BROADBAND AND CABLE
ECONOMIC HEALTH
Reliable, high-speed, and affordable access to broadband and cable programming
throughout the community remains a priority and a long-term goal for the City to
ensure our economic vitality and allow for equal access for all residents and
businesses.
Therefore, the City:
1. Supports maintaining local franchising authority to preserve local governments’
ability to negotiate in the public interest for cable channel space, institutional
networks and public education and government (PEG) programming, and to charge
franchise and PEG fees to support local programming and compensate for the use
of rights-of-way.
2. Supports allowing communities to offer and/or partner to offer high speed
internet, Wi-Fi and other enhanced telecommunication services to residents,
schools, academic institutions, and businesses.
3. Opposes restrictions on providing telecommunication services within City-owned
facilities and on City property, and related restrictions on the manner in which
such services may be financed, funded or structured.
4. Opposes infringement on municipalities’ ability to compete in the broadband
marketplace.
5. Opposes right of way use contrary to existing aesthetic policies and practices,
including the addition of any above ground cabling.
6. Supports revisions to the Colorado Open Meetings Law to allow local jurisdictions
that provide or arrange for telecommunications services or facilities to authorize
executive sessions for discussion of matters pertaining to competition in the
provision of telecommunication services and facilities (such as matters subject to
negotiation, strategic planning, pricing, sales and marketing, and development
planning), along with any other conforming statutory changes.
CHILDCARE
ECONOMIC HEALTH, NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH
The City of Fort Collins recognizes the criticality of quality, affordable and accessible
childcare for families and businesses in the community. The City’s role is to help
reduce barriers, increase capacity, leverage assets, identify and respond to childcare
needs, and lead by example as an employer.
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Therefore, the City:
1. Supports programs and policies that improve the severe shortage of childcare
openings with licensed providers, including programs and incentives that
promote the expansion of existing childcare centers and development of new
centers, particularly those serving low-income families and offering extended
hours of operation.
2. Supports regulations that streamline requirements and reduce the complexity
and cost of childcare services, including licensing and educational
requirements, when those mandates are not clearly benefiting the health and
safety of children and the community.
3. Supports increased funding for early childhood education.
4. Supports workforce development in the early care and education field,
including scholarships, training programs and simplified credentialing
processes.
5. Supports increased and sustainable public subsidization of childcare costs,
including proposals to support living wages for providers and those that reduce
the cost burden on families.
CLIMATE
ENVIRONMENTAL HEALTH
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. Fort Collins has
adopted aggressive emission reduction goals and supports policies and legislation
helping communities and the state to achieve these goals and enhance the
environment as detailed in the Our Climate Future Plan.
Therefore, the City:
1. Supports greenhouse gas (GHG) emission reduction targets, planning, mechanisms
that support the gathering of data to inform greenhouse gas inventories, and
implementation at all levels of government.
2. Supports market-based and regulatory mechanisms to reduce emissions, including
incentives, enabling legislation, regulations and other mechanisms to achieve
emissions reductions and increase resiliency in energy, waste reduction,
transportation, and water sectors.
3. Supports protection of the Colorado self-audit law.
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4. Supports policies that put equity at the center of decision-making to consider
systemic inequities in energy and climate impacts, based on race or socioeconomic
status, to justly transition and grow a clean energy future.
INTEGRATED LAND USE,TRANSPORTATION PLANNING, AND DEVELOPMENT REVIEW
ECONOMIC HEALTH, NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH
City Plan and the Transit Master Plan guides the City’s long-term decisions on land use
and transportation investments and regulations. Fort Collins uses tools such as land
use and building code, and well-established development review processes
Therefore, the City:
1. Supports requirements for comprehensive land use planning that organizes and
directs growth to achieve stated community vision, policies and goals.
2. Supports policies, standards or programs that require the analysis of public health,
sustainability, and equity in land use planning and regulation.
3. Supports local governments’ ability to obtain financial compensation for additional
work of inspectors through fees or other means.
4. Opposes any unfunded state mandated review, permitting or inspection
requirements.
5. Supports local governments’ authority to determine zoning, development review,
building and inspection standards, procedures, and timelines.
6. Encourages regional cooperation in land use, transportation planning, utility and
water resource planning, and fostering sustainable development. Supports
intergovernmental agreements between a municipality and a county to establish
boundaries and annexation of a GMA and prohibit any outside parties to annex said
GMA.
7. Supports municipal discretion concerning the imposition of building and
development fees and requirements.
8. Supports retaining and/or increasing local authority related to the siting, design
and regulation of wireless telecommunication facilities, including both small cell
and macro sites.
9. Supports local adoption of Building and other related Codes, including addition of
local amendments needed to safeguard public health and safety by regulating
building construction, structural strength, sanitation, light, ventilation, and energy
conservation.
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10. Supports local control and regulation of Building Department staff including
qualifications of Building Inspectors performing plumbing and electrical
inspections.
ELECTIONS
HIGH PERFORMING GOVERNMENT
The City of Fort Collins conducts municipal elections in April of odd years and special
elections as required by the citizen (or Council) initiative process. The City is
committed to conducting a clear, legal, and trustworthy elections process.
Therefore, the City:
1. Supports all efforts that assist the City in conducting fair and transparent election
processes according to the City’s adopted procedures.
2. Supports process improvements that encourage voter participation.
3. Supports additional mechanisms to prevent election tampering, through increased
cyber security around election data and the election processes.
ENERGY
ECONOMIC HEALTH, ENVIRONMENTAL HEALTH
As a municipally-owned electric utility, the City is committed to providing affordable,
reliable, and clean energy services to residents and businesses, as described in the
Our Climate Future plan. Energy issues extend beyond electricity to also encompass
the community’s use of natural gas and petroleum.
Therefore, the City:
1. Supports efforts that promote energy affordability in general for residents,
businesses and institutions and specifically for households with high energy bill
burdens.
2. Supports efforts which promote safety in the generation, transmission and
distribution of energy.
3. Supports efforts and incentives which promote energy efficiency, conservation,
distributed energy resources, electrification and grid flexibility.
4. Supports opportunities for local economic activities related to energy efficiency,
clean energy production, and utility operations.
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5. Supports initiatives to facilitate transition from natural gas and petroleum use to
beneficial electrification for thermal and transportation needs.
6. Supports initiatives which reduce barriers to coordinated integrated planning for
energy supply and demands.
7. Supports state and federal funding for resilience efforts to mitigate potential
energy and climate related disruptions.
8. Supports federal and state incentives for 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.
9. Opposes attempts to prevent or inhibit provision of municipal electric service in
newly annexed areas.
10. Supports smart grid technology adoption and grid modernization.
11. Supports minimizing the environmental impacts of energy production.
12. Supports efforts which promote the development of regional electricity markets.
FINANCE
ECONOMIC HEALTH; HIGH PERFORMING GOVERNMENT
Strong fiscal planning, prudent debt management and investment policies, 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:
1. Supports expanding municipal authority to establish alternative funding
mechanisms, including financing tools such as public improvement fees (PIF) and
certificates of participation (COP).
2. Supports increased funding for K-12 and higher education, specifically Colorado
State University and Front Range Community College.
3. Encourages the equitable treatment of sales and use taxes to residents and
corporations residing or doing business in Colorado by limiting exemptions.
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4. Supports the equitable distribution sales tax collections on e-commerce
transactions.
5. Opposes efforts that inhibit the City’s ability and authority to increase its revenue
base (sales, use and property taxes).
6. Supports protections that do not unnecessarily restrict the investments of
government entities.
7. Supports programs that provide economic assistance to organizations and
individuals impacted by the COVID-19 pandemic.
HAZARDOUS MATERIALS MANAGEMENT
SAFE COMMUNITY; ENVIRONMENTAL HEALTH
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:
1. Supports strengthening the enforcement of hazardous materials regulations.
2. Supports increasing diversion of hazardous waste from landfills.
3. Support City’s ability and authority to review and approve locations of facilities
that use or store hazardous materials or hazardous waste.
HEALTH CARE
NEIGHBORHOOD LIVABILITY & SOCIAL HEALTH; ECONOMIC HEALTH; HIGH PERFORMING
GOVERNMENT
The City recognizes that the rapidly increasing cost of health care and health
insurance is a barrier to real wage growth, equitable health outcomes, and economic
gains among many residents of Fort Collins. The City further recognizes that
employer-sponsored health care and varying state regulations that are not consistent
across the United States have resulted in the system we have today.
Therefore, the City:
1. Supports health care policy that provides single-payer, not-for-profit health care
to all residents.
2. Supports the portability of health care plans across employers and state-lines.
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3. Supports health care policies that end the practice in the United States of
employers being the primary source of health insurance for residents.
4. Supports policies that allocate costs to individuals and their families proportional
to their ability to pay.
HUMAN RESOURCES
HIGH PERFORMING GOVERNMENT
The City of Fort Collins is committed to the health, safety, and well-being of its
employees. The City works diligently to be efficient and responsible stewards of tax
dollars ensuring that employee compensation and benefits are meaningful, equitable,
market-based, and competitive. The City believes that its residents, through their
elected representatives on City Council, are in the best position to determine
appropriate City employee compensation, benefits, appeal rights related to
disciplinary action and policies.
Therefore, the City:
1. Supports the City’s ability and authority to make decisions on employment issues,
including collective bargaining, arbitration, compensation, appeal rights related to
disciplinary action and benefits to further an equitable work environment.
2. Supports the development and expansion to the City’s ability to determine how
best to manage employee health and benefit programs.
3. Supports current state funding levels for police officers’ and dispatchers’ death
and disability benefits made available by Fire & Police Pension Association of
Colorado.
4. Opposes proposals that would allow employees and/or retirees with defined
contribution or deferred plans to move into defined benefit plans if there is a cost
to local government.
5. Opposes proposals that would limit the City’s ability to test job applicants for
presence of alcohol or controlled substances or employees at work for impairment
due to consumption of alcohol, marijuana, or other controlled substances or to set
limits related to such testing.
6. Opposes proposals that expand Colorado and federal anti-discrimination
protections to allow individuals other than employees to file claims against public
entities for violations, that expand the definition of “hostile work environment”
beyond current state and federal protections or that waive a public entity’s
sovereign immunity in an action for injuries resulting from a discrimination or
unfair employment practice claim brought pursuant to Colorado anti-
discrimination law.
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7. Opposes proposals that require a municipality to collectively bargain with its
employees in conflict with a home rule municipality’s authority.
IMMIGRATION AND NATIONAL BORDER CONDITIONS
NEIGHBORHOOD LIVABILITY & SOCIAL HEALTH; SAFE COMMUNITY; HIGH PERFORMING
GOVERNMENT
The City recognizes that federal issues pertaining to civil rights at the United States’
borders and immigration law more broadly have wide impacts that can directly impact
the day-to-day life of Fort Collins residents. It can also impact those residents’
willingness and comfort with engaging with local public safety agencies and other key
service providers.
Therefore, the City:
1. Supports the humane treatment of persons who are detained by Immigration
Officials and the rapid resolution of legal proceedings to determine their status.
2. Supports pathways to legal immigration into the United States that is sustainable
in the long term, including removing financial barriers and increasing access to
legal services.
3. Supports regulations and laws that support the use of employment eligibility
verification by employers
4. Supports the 2011 ICE memorandum on “sensitive locations” limiting its
immigration enforcement actions and arrests at the following locations so as to
preserve the health, safety and education of all residents:
• Hospitals;
• Schools and scholastic bus stops (pre-schools, primary schools, secondary
schools, post-secondary schools, colleges and universities, and other
learning institutions such as vocational or trade schools);
• Churches, synagogues, mosques, or other institutions of worship, such as
buildings rented for the purpose of religious services;
• The site of a funeral, wedding, or other public religious ceremony; and
• Public demonstrations, such as a march, rally, or parade.
5. Supports regulations and laws that add wage and labor protection requirements for
workers currently excluded from minimum wages and overtime protections,
breaks, and mandatory rest days.
6. Supports de minimus exemptions to Verification of lawful presence CO ST § 24-
76.5-103 by adding a new section (3)(f) to the State law that exempts the City
from following the verification process for any particular local public benefit that
is valued at less than $500.00, or that is not provided directly to the beneficiary by
the City.
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7. Supports local control over how state and federal funding for healthcare,
affordable housing and food security is allocated to meet the needs of all residents
and their families regardless of immigration status.
MARIJUANA AND HEMP
SAFE COMMUNITY
After the State’s legalization of medical and recreational marijuana, the City of Fort
Collins created local marijuana business licensing programs and adopted ordinances to
balance the needs and desires of the community related to legal marijuana. The City
also regulates hemp cultivation and extraction.
Therefore, the City:
1. Supports communities’ ability to raise necessary funds to maintain public safety and
enforce marijuana and hemp possession laws.
2. Supports additional state marijuana and hemp enforcement resources, especially for
field enforcement.
3. Opposes under-21 access to marijuana and supports increasing penalties to those
supplying to underage individuals.
4. Supports greater education and research on the harmful effects of high concentrate
THC and transparency in the spending of dedicated marijuana education dollars.
5. Supports local opt-in provisions regarding new permits and/or licenses or other
marijuana-related activities allowed under state law.
6. Supports further development of laws and regulations to stop the proliferation of gray
and black-market marijuana while coordinating with the federal level to help address
safety through research and legal banking, and to reduce conflict between Colorado
and federal laws.
MUNICIPAL COURT
SAFE COMMUNITY; HIGH PERFORMING GOVERNMENT
The Fort Collins Municipal Court is responsible for administering the operations of the
judicial branch of City government according to the City Charter and ordinances
adopted by City Council. Cases adjudicated in Municipal Court include traffic
violations, misdemeanors, civil infractions, and civil cases. Generally, cases are
brought to Municipal Court by Fort Collins Police Services, Colorado State University
Police Department, Animal Control, other City departments, and private residents.
Therefore, the City:
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1. Opposes limitations on the authority of municipalities to enforce their own
ordinances in municipal courts and increased procedural requirements or
limitations on municipal court proceedings, such as limitations on bonding
requirements related to municipal court warrants and sentencing options.
2. Opposes the imposition of state surcharges on municipal court fines for the
purpose of funding state programs.
3. Opposes any unfunded mandates imposed on municipal courts by the state.
OIL AND GAS
ENVIRONMENTAL HEALTH
Fort Collins residents have expressed continuing concern about the human and
environmental impacts from local oil and gas development. Additionally, community
members have expressed concern over transported emissions from oil and gas
operations outside of City limits that contribute to local ozone formation.
Therefore, the City:
1. Supports local authority to regulate oil and gas operations as granted in 2019
through Senate Bill 19-181, which includes the ability to regulate the siting of new
development and surface impacts.
2. Supports scientific studies that evaluate impacts of oil and gas operations on
human health, the environment and property values.
3. Supports air pollution monitoring, emission characterization and modeling studies
to better understand the contributions of the oil and gas industry to air pollution.
4. Supports the current formula allocation of State Severance Tax and Federal
Mineral Lease (FML) revenue to impacted jurisdictions so that they might address
impacts from resource extraction.
5. Supports collaboration with operators, state agencies and local governments on oil
and gas development within and adjacent to the City’s Growth Management Area,
and on City-owned properties outside of City limits.
6. Supports legislation that protects public health, safety, welfare, the environment
and wildlife resources in consideration of surface owners and mineral owner
rights.
OPEN RECORDS AND DATA MANAGEMENT
HIGH PERFORMING GOVERNMENT
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The City is the collector and keeper of hundreds of datasets and recorded information and
is legally bound and responsible for responding to Open Record requests. The City supports
transparency and open data initiatives.
Therefore, the City:
1. Supports clear requirements that allow for reasonable requests and timeframes to
provide information that is legally available.
2. Opposes mandates that include unrealistic timeframes and requests that require
additional staff time with no means to recover costs.
3. Supports cybersecurity efforts that protect the City, consumers, and infrastructure.
4. Supports data privacy regulations, prohibiting the sharing of residents’ data with
federal agencies without a court-authorized subpoena, warrant or other valid order.
PARKS AND NATURAL AREAS, AND PUBLIC AMENITIES
ENVIRONMENTAL HEALTH; CULTURE AND RECREATION
The City is committed to providing the community with excellent natural areas, parks,
recreation facilities, trails, cultural centers, and engaging programs. Our residents and
visitors enjoy improved health, less crime a higher quality of life, and a greater sense of
community because of the quality natural areas, parks and recreation programs, and other
public spaces.
Therefore, the City:
1. Supports maintaining or enhancing funding for parks, trails, forestry, horticulture,
natural areas, cultural centers, and recreation services and facilities.
2. Supports local discretion to use Great Outdoors Colorado and other sources for funding
municipal government projects addressing local needs and priorities.
3. Supports equal or greater funding levels of Great Outdoors Colorado grants awarded to
municipalities
4. Supports maintaining or enhancing tax incentives to private landowners for
voluntary land conservation.
5. Supports protection of the Cache la Poudre River and local urban streams.
6. Supports programs and funding for equitable access to public space and services.
PUBLIC HEALTH
SAFE COMMUNITY; NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH
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The City of Fort Collins strives to be a healthy, livable City that is a welcoming and
inclusive community for all, including residents who may be experiencing the
challenges of homelessness, mental health issues, addiction, depression, and other
challenging life situations. The City also supports primary prevention strategies to
reduce the injuries and deaths associated with gun violence.
Therefore, the City:
1. Supports 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. Supports providing communities with resources to address chronic homelessness,
supportive housing, mental health, and substance use disorders, including tobacco
prevention programs.
3. Supports a standardized statewide approach to addressing homelessness.
4. Supports statewide efforts to enforce retail tobacco sales compliance.
5. Supports legislation or regulatory efforts that restrict and better ensure the
prevention of firearm purchases of those individuals convicted of a violent criminal
offense and those who have been involuntarily committed to a mental institution
or are otherwise suffering from a severe mental condition.
6. Supports public health research and necessary funding related to the root causes
and effects of gun violence to better inform prevention strategies.
7. Supports legislation that prohibits the sale or transfer of unregistered firearms.
8. Supports legislation that greatly reduces or eliminates the incidence of smoking
and vaping. Specific measures may include the elimination of flavored vaping
cartridges, an increase in the legal smoking age, state-wide retail licensing for
tobacco and vaping products, and identical treatment of vaping and e-cigarette
products to traditional forms of tobacco.
9. Supports funding and/or programs to address disparities in social determinants of
health (e.g. housing, income, educational attainment, access to healthcare) to
improve community-wide health outcomes.
PUBLIC SAFETY
SAFE COMMUNITY
The Fort Collins City Council recognizes the critical importance of maintaining public
safety, providing a safe environment, and protecting the lives and property of the
residents of Fort Collins on a daily basis as well as through preparedness and resiliency
planning efforts.
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Therefore, the City:
1. Supports greater protections to victims of crime, regardless of immigration status.
2. Supports the City’s right to use camera enforcement of traffic laws, reduce
operational restrictions on the use of camera enforcement, and increases the fines
associated with violations.
3. Supports protocols and funding for shared, statewide emergency response
communications, including supporting Larimer Emergency Telephone Authority
(LETA) and other efforts to resolve 911 diversity (back-up/resilience) issues.
4. Opposes increased 911 provider tariffs without clear documentation of cost needs.
5. Opposes initiatives that have the potential to compromise officer safety.
6. Supports minimum training criteria and professional mediator certification that
formally legitimizes the field of Alternative Dispute Resolution (ADR).
7. Opposes municipal liability for prisoners’ self-inflicted wounds while in police
custody or detention facilities.
8. Opposes efforts to undermine local control or enforcement of activities on public
property.
9. Supports a state adopted fire and building code, the code of choice being the
International Fire and Building Code, while allowing municipalities to adopt their
own codes and local amendments.
10. Opposes limits to local enforcement of the International Fire Code as adopted with
local amendments, imposing inspection requirements or preventing collection of
permit or inspection fees as required by the local jurisdiction.
11. Opposes restricting any local jurisdiction from requiring the installation of fire
sprinklers.
12. Supports the City’s ability to prohibit the use and sale of fireworks and allow
counties and fire districts to prohibit and otherwise control fireworks within City
boundaries.
13. Supports efforts to reduce abuse and improper disposal of over-the-counter and
prescription drugs.
14. Supports exclusive digital communication networks for public safety personnel
during emergencies.
15. Opposes the reduction and loss of qualified immunity for government officials.
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16. Supports practical standards related to use of force which appropriately balance
the rights and safety of Fort Collins residents with the safety of first responders.
17. Supports increased reporting of crimes by refraining from inquiries about legal
immigration status unless such inquiry is pertinent to a crime; supports
continuation of non-restrictive U-Visa certification policies that allow victims of
crime to access important legal protections.
18. Supports continued use of body-worn cameras, protections for public recordings of
police, and the maintenance and reporting of such data that does not compromise
police operations or public safety. Opposes unfunded legislative mandates in
regard to such programs.
RECYCLING AND SOLID WASTE REDUCTION
ENVIRONMENTAL HEALTH
The City of Fort Collins endorses a multi-pronged approach to waste minimization that
includes recycling, re-use, composting, and source reduction, and which also applies Zero
Waste principles such as redesigning systems to reduce pollution and waste. Additionally,
the City has adopted a goal of diverting 75 percent of community waste by 2020; 90
percent by 2025, and 100 percent by 2030.
Therefore, the City:
1. Encourages integrated, sustainable waste management planning and
implementation policy, including but not limited to centralized data collection
requirements, local hauler licensing and initiatives to reach statewide diversion
targets.
2. Supports a regulatory authority role for local government to ensure the efficient
management of recyclable material and solid waste, including application of laws
that prescribe the use of county-funded disposal facilities for certain types of
wastes, and other local bans on landfill disposal for certain types of debris.
3. Encourages “buy recycled” or “environmentally preferable purchasing” policies for
government agency procurement.
4. Supports incentives and funding for programs that promote waste reduction, reuse
and recycling, and development of related infrastructure.
5. Supports continued or increased funding for programs to collect and monitor data
on trash volumes, rates of diversion from landfill disposal and economic impacts of
recycling.
6. Supports extended producer responsibility initiatives that fund recycling programs
and incentivize products to be designed for reuse, recycling, or composting and
maintain local control of recycling programs.
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7. Opposes CRS Section 25-17-104, which currently limits local authority to regulate
packaging materials (e.g., single-use plastic bags).
8. Supports establishing a refundable deposit fee on beverage containers to increase
recovery rates and pay for recycling programs.
9. Supports state and regional economic tools for existing and new businesses that
provide end markets for recycled materials in support of a domestic, circular
economy.
10. Supports incentives and programs to encourage the use of compost, developing
end markets to help divert organic material from landfills (food and yard waste),
and developing composting infrastructure.
11. Supports incentives and programs to develop end markets for construction and
demolition waste materials and other potentially recyclable materials.
RISK MANAGEMENT AND LIABILITY
HIGH PERFORMING GOVERNMENT
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. The City 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:
1. Supports improving administrative efficiency of the Division of Workers’
Compensation.
2. Opposes increased insurance premium costs to employers.
3. Opposes administrative burdens or taxes to self-insurance programs.
4. Supports limits to insurance claim litigation.
5. Opposes limiting the City’s options and ability to manage workers’ compensation
claims; including actions like removing existing offsets to workers’ compensation
benefits or limiting the City’s ability to designate treating physicians.
6. Opposes efforts to presumptively expand workers’ compensation coverage to
illnesses or injuries that are not work related.
7. Opposes efforts to reduce or weaken protections against liability through
governmental immunity or other statutory provisions.
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SMALL BUSINESS SUPPORT
ECONOMIC HEALTH; HIGH PERFORMING GOVERNMENT
The COVID pandemic has further underscored the need for strong and stable small
businesses in every community in the State. The City of Fort Collins actively supports
small businesses throughout their stages of formation and growth. Changing consumer
habits and increased online competition threaten to disrupt the faltering recovery for
small businesses.
Therefore, the City:
1. Supports efforts to reduce the cost of food delivery for small businesses by
managing third-party delivery fees and encouraging statewide licensing of
these service providers.
2. Supports continued efforts to enable municipalities to consider local minimum
wage policies.
3. Supports efforts to enhance state-wide funding for small business support –
including enhanced services to support new business formation owned by
women, minority, low-income and veteran individuals.
TRANSPORTATION INVESTMENT
TRANSPORTATION AND MOBILITY
The City actively promotes transportation infrastructure that facilitates the safe and
efficient movement of people, goods and services regardless of mode. Infrastructure
improvements will be in concert with land use development while being respectful of
community values and the environment.
Therefore, the City:
1. Supports alternative methods of funding transportation infrastructure needs.
2. Support funding the analysis and implementation of inter- and intra-regional
transit linkages, including future commuter rail connectivity.
3. Encourages flexibility in federal funding and regulations in order to better meet
the needs of small to medium-size communities.
4. Supports guaranteed levels of federal funding for transportation and allocation
of all federal motor fuel taxes and other federal transportation trust funds for
their intended transportation purposes.
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5. Supports funding for the build out of Interstate 25 improvements.
6. Supports additional funding options and availability for active transportation
modes.
7. Supports broadening the definition of the gasoline tax to a “fuel tax” that
encompasses other fuel options as they become more prevalent.
8. Opposes reductions to the present allocation formula of 60 percent state, 22
percent counties, and 18 percent municipalities for Highway User Tax Fund
(HUTF) or any appropriations from the state using the same formula.
9. Supports enhanced ability to implement railroad quiet zones in municipalities,
further options in pursuing various degrees of quiet zones, and an overall
reduction in train horn decibel and duration requirements.
10. Opposes divesting highway roads in urban areas from the state and making
them the sole responsibility of local jurisdictions without adequate
compensation for ongoing maintenance.
11. Supports safe operation of railroads through timely track inspections, joint
training and communication between railroad and emergency personnel, and
the use of safe equipment.
12. Supports local regulatory and design standard control of public roads,
pedestrian paths, and bike lanes to address all modes of transportation.
URBAN RENEWAL AND DOWNTOWN DEVELOPMENT
ECONOMIC HEALTH
The state of Colorado has empowered local authorities to use Urban Renewal Authorities
(URA) and Downtown Development Authorities (DDA) to encourage downtown revitalization
and the elimination of blight. The main funding tool for URAs and DDAs is Tax Increment
Financing (TIF) generated through property taxes. In its best intention, urban renewal and
downtown revitalization restores economic vitality and improves the safety of a designated
area, with limited financial impact to other government jurisdictions.
Therefore, the City:
1. Opposes limitations on municipalities’ ability to utilize financing mechanisms such as TIF.
2. Opposes efforts to increase influence of non-City jurisdictions over the use of TIF within
City limits.
3. Supports maintaining the ability of downtown development authorities to utilize the full
offering of tools and powers provided in the DDA Act.
4. Supports maintaining the ability of Urban Renewal Authorities to utilize the full offering
of tools and powers provided for in state statute.
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WATER, WASTEWATER, AND STORMWATER
ENVIRONMENTAL HEALTH; SAFE COMMUNITY
The City operates a water utility, a wastewater utility, and a stormwater utility in a
financially sound, reliable, safe, and environmentally responsible manner. The availability of
adequate water supplies is critical to the City and is managed by the Water Supply and
Demand Management Policy, the Water Efficiency Plan, and other water-related codes,
rules, regulations, plans, and policies.
Therefore, the City:
1. Supports expanding the authority delegated to the state to administer federally
mandated water, stormwater, and wastewater environmental regulatory programs.
2. Supports reasonable water quality regulations that are cost effective and can show
identifiable benefits.
3. Supports municipal flexibility to manage instream flows to preserve or improve the
natural environment, while protecting the integrity of Colorado’s appropriation doctrine,
protecting the City’s water supplies, and preventing injury to other water users.
4. Opposes unfunded mandates.
5. Opposes barriers to financing for water conservation projects.
6. Supports funding for the recovery and treatment of the Fort Collins water supply, its
watershed, and other waterways impacted by natural disasters and human-caused
events, including fires.
7. Supports enhanced municipal authority to protect and increase the flexibility and
resiliency of the City’s water supplies under Colorado’s appropriation doctrine, without
causing injury to other water users and without adversely affecting instream flows or the
natural environment. This includes potential bills related to treated water providers
being able to more easily share treated water supplies between their distribution
systems.
8. Supports reducing legal barriers and clarifying legal ambiguities related to water reuse
and greywater projects, while protecting the integrity of Colorado’s appropriation
doctrine, protecting the City’s water supplies, and preventing injury to other water
users.
9. Supports streamlining federal and state permitting requirements for water development
projects that increase coordination between permitting agencies, reduces administrative
and financial burdens on permit applicants, and ensures robust and enforceable
environmental protections.
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10. Supports the enlargement of Halligan Reservoir as a common-sense, cost-effective, and
environmentally-beneficial approach to meet Fort Collins Utilities’ future water supply
needs.
CITY OF FORT COLLINS LEGISLATIVE CONTACTS
Legislative Review Committee
Name District/Title Email Phone
Councilmember Tricia
Canonico District 3 tcanonico@fcgov.com 970-305-6296
Mayor Jeni Arndt Mayor jarndt@fcgov.com 970-413-3146
Councilmember Shirley
Peel District 4 speel@fcgov.com 970-217-5817
Kelly DiMartino City Manager kdimartino@fcgov.com (970) 416-2028
Carrie Daggett City Attorney cdaggett@fcgov.com (970) 416-2463
Tyler Marr
Ginny Sawyer Legislative Staff tmarr@fcgov.com
gsawyer@fcgov.com
(970) 416-4205
(970) 224-6094
Legislative Staff Liaison Members
Topic Area Name Title Email Phone
Affordable
Housing and Social
Sustainability
Meaghan Overton
Beth Yonce
Housing Manager,
Social Sustainability
Director
moverton@fcgov.com
byonce@fcgov.com (970) 221-6752
Air Quality Cassie Archuleta Air Quality Program
Manager carchuleta@fcgov.com (970) 416-2648
Broadband Chad Crager Broadband Director ccreager@fcgov.com (610) 224-6001
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Cable Television
Franchise Carson Hamlin Cable Television Manager chamlin@fcgov.com (970) 221-6510
Childcare Adam Molzer City Grants and Community
Partnerships Coordinator amolzer@fcgov.com (970) 221-6757
Climate Honore Depew Climate Program Manager
hdepew@fcgov.com
(970) 224-6143
Environmental
Protection Lindsay Ex Environmental Services
Director lex@fcgov.com (970) 224-6085
Elections, Liquor
and Marijuana
Licensing
Tammi Pusheck Interim City Clerk
tpusheck@fcgov.com (970) 416-8025
Energy Tim McCollough,
John Phelan
Light and Power, Deputy
Utilities Director Energy
Services, Senior Manager
tmccollough@fcgov.co
m jphelan@fcgov.com
(970) 416-2622
(970) 416-2539
Finance Travis Storin Interim Chief Financial
Officer tstorin@fcgov.com (970) 221-6795
Economic Health Josh Birks Economic Health Director jbirks@fcgov.com (970) 221-6324
Fire Protection
and
HAZMAT Mgmt
Derek Bergsten Division Chief, Poudre Fire
Authority
derek.bergsten@poudr
e-fire.org (970) 566-7274
Human Resources Teresa Roche Chief Human Resources
Officer troche@fcgov.com (970) 221-6717
Natural Areas,
Open Lands and
Cache la Poudre
River Issues
Zoe Shark
Interim Natural Areas
Director zshark@fcgov.com (970) 221-6263
Building Services Russ Hovland Interim Chief Building
Official rhovland@fcgov.com (970) 416-2341
Parks and
Recreation
Mike Calhoon,
Aaron Harris
Director of Parks,
Interim Director of
Recreation
mcalhoon@fcgov.com
aharris@fcgov.com
(970) 416-2079
(970) 416-2225
Planning and Land
Use
Paul Sizemore,
Rebecca
Everette
Community Development
and Neighborhood Services
Director,
Planning Manager
psizemore@fcgov.com
reverette@fcgov.com
(970) 224-6140
(970) 416-2625
Public Safety Greg Yeager Deputy Chief of Police gyeager@fcgov.com (970) 416-2185
Recycling and
Solid Waste
Reduction
Caroline Mitchell Environmental Program
Manager cmitchell@fcgov.com (970) 221-6288
Risk Management Claire Goodwin Safety, Security, and Risk
Management Director cgoodwin@fcgov.com (970) 221-6774
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Stormwater
Theresa Connor,
Andrew
Gingerich
Interim Utilities Director,
Water Field Operations
Director
tconnor@fcgov.com
agingerich@fcgov.com
(970) 221-6671
(970) 221-6232
Transportation Dean Klingner
Planning, Development and
Transportation Deputy
Director
dklingner@fcgov.com (970) 416-2029
Utilities Customer
Connections and
Water
Conservation
Gretchen
Stanford
Interim Deputy Director,
Customer Connections gstanford@fcgov.com (970) 416-2627
Water Supply and
Quality Theresa Connor Interim Utilities Director tconnor@fcgov.com (970) 221-6671
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Member Proposal s
Request for Policy Position– City of Aurora
The request is for CML to support a policy proposal for the buildout of a state database to
allow for information sharing between municipal and state courts. Under the current
system municipal court staff must directly contact individual courts to request copies of
relevant files or cases. This results in municipal resources being devoted to a tedious
process that can be streamlined with a shared statewide system. Further, with the current
trend of courts digitizing official records and information, a statewide information system
makes logistical sense. Staff would like to note that the fiscal impact of this type of
legislation may be significant. Lobbyist: Meghan MacKillop.
POLICY COMMITTEE RECOMMENDATION: SUPPORT POLICY POSITION
Request for CML-initiated Legislation– City of Cherry Hills
Village
Currently, municipalities must pay for any ungrounding projects using internal funds or
create a local assessment district to cover the costs of the project. This method
prevents regulated utility providers from paying for the project by passing on the cost of
the project to rate-payers statewide. This method, utilized, by regulated utility providers
prevents competitive bidding for undergrounding overhead power/utility/cable lines and
results in increased costs and delays for municipalities seeking to place utility lines
underground. This bill proposal would modify the statute and shift the costs of
ungrounding and undergrounding projects to the regulated utility provider to reduce the
municipal fiscal financial burden. Request: CML-initiated Legislation. Lobbyist:
Beauclarine Thomas.
POLICY COMMITTEE RECOMMENDATION: SUPPORT CML -INITIATED LEGISLATION
Request for CML-initiated Legislation– City of Glenwood
Springs
The City of Glenwood Springs has requested CML-initiated legislation to refer a
question to voters to amend TABOR and remove the prohibition on real estate transfer
tax. The legislation would be a concurrent resolution and needs 2/3 vote of each
chamber to pass. The intent is to create a funding source for affordable housing that
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local governments can create and directly access at the local level. Request: CML-
Initiated Legislation. Lobbyist: Meghan Dollar.
POLICY COMMITTEE RECOMMENDATION: SUPPORT CML -INTIATED LEGISLATION
Request for Policy Position– City of Glenwood Springs
The City of Glenwood Springs is requesting CML take a policy position to support
treating short term rentals as commercial property for taxation purposes. Currently,
short-term rentals are taxed as residential property. Initially, the City requested CML-
initiated legislation, however, staff suggested the request be a policy position as
legislators are already likely to run legislation on the issue in 2022 legislative session.
The intent is that the additional revenue would go to support the creation of workforce
and affordable housing. Additionally, short-term rentals are more prevalent in many
communities than workforce housing. Taxing these rentals at a commercial rate may
encourage property owners to long-term rent rather than short-term. Policy Position:
Support. Lobbyist: Meghan Dollar.
POLICY COMMITTEE RECOMMENDATION: NOT APPROVE POLICY POSITION
Request for CML-initiated Legislation– City of Gunnison
The City of Gunnison has requested CML-initiated legislation to amend the Mobile
Home Park Act to require for property owners of mobile home parks to engage in
discussions with residents, public service officials, municipalities, and/or appropriate
government agencies. The intent is to add to the process created in HB20-1201 which
allows residents to potentially buy the park in which their home is located. At this time,
there is no recourse or action government regulators or residents can take if the
property owners ignore their questions and concerns about the
property. Request: CML-initiated Legislation. Lobbyist: Meghan Dollar.
POLICY COMMITTEE RECOMMENDATION: SUPPORT CML -INTIATED LEGISLATION
Request for CML Policy Position– City of Gunnison
The City of Gunnison has requested CML-initiated legislation to amend the nuisance
statute to allow a local government to temporarily take control of structures for repair
when the structures are substandard, and the owner of the property is noncompliant
with the municipality’s requests to remedy. The municipality would not be allowed to
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evict or remove residents or renters. The goal is to refurbish current housing structures
within communities to keep residents in their homes. The City of Gunnison initially
sought CML-initiated legislation, but in discussions with CML staff a policy position was
recommended as this is an issue that staff could work through the Affordable Housing
Transformational Task Force. The Task Force is tasked with creating policies that
cause transformational change in housing and creating a process to remedy dilapidated
housing in communities could meet that requirement. Policy Position: Support.
Lobbyist: Meghan Dollar.
POLICY COMMITTEE RECOMMENDATION: SUPPORT POLICY POSITION
Action Items
Criminal Justice: Statewide Text Message Municipal Court Reminder Program
House Bill 21-1314 repealed the Department of Revenue's discretionary and mandatory
authority to cancel, deny, or deny reissuance for a driver’s license or minor driver’s
license for having any of the following: an outstanding judgment for a violation related
to the regulation of motor vehicles or traffic; having a bench warrant for failure to
appear to answer for a traffic situation: or an outstanding judgement for failing to
present a valid transit pass or coupon. This repeal created a gap in municipal law that
leaves localities without an enforcement mechanism for individuals that break the law.
During the legislative session, CML successfully amended the bill to include the creation
of a study group to utilize evidence-based policy to design new equitable accountability
tools. This bill proposal would create a statewide municipal court text message
reminder program. Text message reminders are an evidence-backed method to get
people to show up to the court dates. This policy also has support from a variety of
stakeholders, including, the Colorado State Patrol. The bill would create a state level
text message reminder program for municipal courts to opt into. It would also provide
funding for municipalities to administer this program and add staff capacity. Lastly,
there would also be an evaluation component to ensure that the program is
continuously approved. Staff Recommendation: CML-initiated legislation. Lobbyist:
Beauclarine Thomas.
POLICY COMMITTEE RECOMMENDATION: SUPPORT CML -INTIATED LEGISLATION
Transportation: Statewide Regulation of Controlled Intersections
In 2018, the General Assembly passed a “Safety Stop” law, giving municipalities the
authority to pass ordinances allowing cyclists to “roll” through stop signs rather than
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coming to a complete stop. There are currently six municipalities that have passed this
ordinance, as well as Summit County. The Transportation Legislation Review
Committee is proposing legislation that would create a statewide “Stafety Stop” for
cyclists. The bill would supersede any conflicting local ordinance or resolution and
would expand the safety stop to traffic lights. Sponsors maintain that a statewide law
would create clarity for cyclists and decrease incidents between cyclists and vehicles.
However, the bill would override local control of traffic stops and lights, and by
expanding allowable stops to traffic lights, cities and towns could actually see
increased incidents between cyclists and motor vehicles or pedestrians. There may also
be associated costs of installing signage indicating that a safety stop is allowed at stop
signs and traffic lights. Staff recommendation is to oppose this legislation. Staff
recommendation: Oppose. Lobbyist: Meghan MacKillop.
POLICY COMMITTEE RECOMMENDATION: OPPOSE
Information items
Housing: Affordable Housing Transformational Task Force
Created by HB21-1329, the Affordable Housing Transformational Task Force is made
up of legislators and members of the Governor’s cabinet who are tasked with issuing a
report with recommendations to the General Assembly and the Governor on policies to
create transformational change in affordable housing using $500 million of federal
coronavirus state fiscal recovery fund. There is also a sup-panel made up of local
governments, non-profits, housing advocates, and developers. Mayor Adam Paul of
Lakewood is the municipal representative. Currently, the discussion is being narrowed
to four pillars that will make the most amount of change with the $500 million. Lobbyist:
Meghan Dollar.
Economic Development: Task Force on Economic Recovery and Relief Cash Fund
SB21-291 directed the Executive Committee of Legislative Council to create a task force
to meet during the 2021 interim to make recommendations to the General Assembly on
policies that use money from the state Economic Recovery and Relief Cash Fund that
provide a stimulative effect to the state’s economy, provide necessary relief for
Coloradans, or address economic disparities resulting from the pandemic. The task
force consists of eight members, including three Senate members, three House
Members, a representative from the Office of Economic Development and International
Trade (OEDIT), and a representative from the Office of State Planning and Budgeting
5
(OSPB). SB21-291 also allows the Executive Committee to designate a subpanel to
assist the task force in making recommendations. The subpanel is comprised of five
economists, appointed by Senate and House Leadership, the Governor, and OEDIT. The
task force had its initial meeting on September 24, 2021, and the Subpanel had its initial
meeting on September 30, 2021. The next task force meeting is scheduled on Ocotber
18, 2021. Staff will monitor this task force closely. Lobbyist: Meghan MacKillop
Public Health: Behavioral Health Transformational Task Force
Created by SB21-137, the Behavioral Health Transformational Task Force is made up of
elected officials and members of the Governor’s cabinet who are tasked with issuing a
report with recommendations to the General Assembly and the Governor on policies to
create transformational change in behavioral health using $450 million of federal
coronavirus state fiscal recovery fund. The task force is not subject to Joint Rule 24A
and does not have the authority to introduce committee bills. The Task Force’s
recommendations will be guided by a subpanel of experts who will craft and examine
policies that improve access to mental health and substance use disorder services.
Currently, the subpanel is finalizing the overarching pillars the recommendations will fall
under. Below is a preliminary list of overarching recommendations that may support
local government behavioral health needs:
• Local control of funds for programming that is specific to the needs of the
community and reduces travel time to access services in more rural and remote
areas.
• Additional funding for municipalities to get access to naloxone and fentanyl
testing strips.
• Additional funding for local governments to get behavioral health outreach staff
in schools and in city halls.
• Increase local access points (outreach, services, and beds) to avoid reaching
crisis levels of substance abuse
• Fund additional criminal justice diversion opportunities such as co-responder,
LEAD, and drug court
• Fund additional local drop-in crisis centers in rural areas
Beauclarine Thomas will be the local government representative on the subpanel.
Please contact her at bthomas@cml.org if you have additional recommendations. The
recommendations must be finalized before January 2022. Lobbyist: Beauclarine
Thomas.
Taxation: Sales Tax Simplification Task Force
The Sales Tax Simplification Task Force was continued in 2020 and is currently
meeting. CML has several members that serve on the Task Force. The legislative
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members of the Task Force may ask for ten bills to be drafted and pass up to five bills
through as committee bills. One of the pieces of legislation is regarding business
licensing for remote sellers that have no physical presence within a municipality.
Legislators are concerned that remote sellers must apply for business licenses in
multiple municipalities and potentially pay multiple licensing fees. It is CML’s position
that home rule municipalities are not subject to the legislature when it comes to
taxation as it is a matter of local concern, however, the CML Sales Tax Simplification
Committee has been meeting and discussing simplification for remote sellers. In good
faith, we are working with the legislature and the proponents to find compromise. CML
staff will likely request a position on the legislation in December. Lobbyist: Meghan
Dollar.
Transportation: Division of Illumination and Other Maintenance Duties
For the past two years, CML staff has been involved in conversations with the Colorado
Department of Transportation (CDOT) regarding the division of duties and costs as it
relates to street illumination on state highways. Some cities, such as Morrison and
Centennial, have state highways that run through the town, and the cost to illuminate
the streetlights typically falls on those cities, regardless of ability to pay the bill. In 2020,
CML staff-initiated conversations concerning the division of authority statute, Section
42-3-135, C.R.S., with a specific request that CDOT take on the cost of illuminating state
highways. However, due to COVID-19 and other difficulties of recent legislative
sessions, the discussions were put on pause. This past interim, staff had two meetings
with CDOT staff to discuss a path forward on this issue. In those meetings CDOT
indicated that they would be open to taking over the costs associated with street
illumination maintenance along interstates but requested that local governments take
responsibility in other areas, such as cleanup of water quality ponds and landscaping.
As it stands now, CDOT has put forward a proposed amendment to the relevant section
of law, which is attached for your review. CML staff is requesting input on this issue to
determine whether CML should proceed with legislation amending the division of
authority between CDOT and municipalities. Lobbyist: Meghan MacKillop
Wildfire: Land Use and Building Codes
Recently, Governor Polis sent a letter to the Colorado Fire Commission asking the
Commission to evaluate local land use and building codes for purposes of mitigating
wildfire damage. The Fire Commission is an entity that was created to develop policies
and best practices regarding firefighting in Colorado. CML has two representatives on
the Commission. CML is concerned that the Governor of Colorado has taken an interest
in local land use and building codes, and we have advocated directly and through our
representatives on the Fire Commission that local governments must maintain control
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of local land use and building codes. Currently, the discussion is leaning toward
incentivizing local governments to update their codes or adopt Wildland Urban Interface
(WUI) codes. CML will advocate to continue that path. Lobbyist: Meghan Dollar.