HomeMy WebLinkAboutAgenda - Full - Legislative Review Committee - 10/27/2015 -
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
October 27, 4:00 p.m.
Commons Conference Room
1. Approval of minutes from September 22, 2015 meeting
2. Discuss 2016 legislative policy agenda and priorities draft
Consider adding rolling coal to priorities or policy agenda
3. Oil and Gas Conservation Commission Rulemaking
Review draft pre-hearing statement
Discuss rulemaking calendar and City involvement
4. 2016 LRC schedule
Legislative Breakfast/meeting date change
National League of Cities March conference in Washington, DC
Meetings with legislators
5. Other business
Update on Climate Coalition
Review CML Policy Committee meeting information
Next meetings: November 10 and November 24
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
September 22, 2015, 4:00 p.m.
Commons Conference Room
Present: Ross Cunniff, Councilmember; Ray Martinez, Councilmember; Gino
Campana, Councilmember; Wendy Williams, Assistant City Manager; John
Duvall, Deputy City Attorney; Dan Weinheimer, Legislative Policy Manager
Absent: Carrie Daggett, City Attorney
Guests: John Kefalas, State Senator; Jeni Arndt, State Representative; Joann
Ginal, State Representative; Bob Overbeck, City Councilmember; Wade Troxell,
Mayor; Kevin Jones, Chamber of Commerce; Dan Betts, Senator Cory Gardner’s
Office; Sue Beck-Ferkiss, Social Sustainability Specialist; Vanessa Fenley,
Homeward 2020; John Hutto, Fort Collins Police Chief; Josh Birks, Economic
Health Director
The meeting came to order at 4:04 pm.
Councilmember Martinez moved approval of the minutes from the September 8,
2015 meetings, Councilmember Campana seconded. Minutes were adopted
without amendment.
Councilmember Campana recognized state legislators individually to review their
goals and legislative proposals for the 2016 General Assembly session.
Representative Arndt
o Spoke about her planned bills and strategy for managing her
activities for 2016.
o Bills include:
Working with legal community on juvenile driver’s license
driving under revocation amendment
Amending current General Educational Development
(GED) testing program
Improving teacher evaluation standards
Creating an agriculture water flexibility bill
Adding agricultural-based businesses to the OEDIT
innovator program
Representative Ginal
o Bills include:
Death with dignity – a bill seeking to give terminally ill
persons the right to end their lives
o Topics of interest:
2
Police and firefighter pensions
Rural community access to primary care doctors
Helping residents with intellectual disability enter the
workforce
Supporting veterans’ access to health care
Ensuring water supply safety
Senator John Kefalas
o Bills include:
Health insurance exchange bill to secure a state innovation
waiver under Section 1332 of the Affordable Care Act
(ACA) to pursue innovative health insurance strategies.
Seeking to standardize health insurance cards
Fair opportunity initiative modeled on Oregon’s prosperity
initiative which is an economic development program
aimed at expanding commerce to reduce poverty
o Topics of interest:
Lessening traffic congestion on Interstate 25
Protections for residents of manufactured housing
communities – possibly alternative dispute resolution
(ADR) between residents and owners
Affordable housing
Tax Increment Financing (TIF) as a mechanism to fund
affordable housing
Other topics discussed by LRC and legislators included:
Securing land for food production in Fort Collins and Northern Colorado
Veterans to farmers program – teaching veterans to become community
farmers
Solutions to homelessness in Fort Collins -Housing First program as
goal
Use of body cameras in law enforcement – LRC expressed concerns
about any mandated use of body camera and the retention of video
evidence and provision of that evidence without charge to
Construction defect law reform – a bill will be offered in 2016 session, it
appears that the House Speaker may be willing to compromise on the
issue and advance a solution
Urban Renewal Authority (URA) reform – legislators asked City staff to
develop some recommendations for legislative language to address Fort
Collins concerns
The meeting was adjourned at 5:00 pm.
LEGISLATIVE REVIEW COMMITTEE
2016 MEETING SCHEDULE
Date Time Location
January 19 4:00 – 5:00PM Commons Conference Room
February 9 4:00 – 5:00PM Commons Conference Room
February 19 (Friday) 4:00 – 5:00PM Breakfast Meeting, Location TBD
March 1 4:00 – 5:00PM Commons Conference Room
March 22 4:00 – 5:00PM Commons Conference Room
April 5 4:00 – 5:00PM Commons Conference Room
April 19 4:00 – 5:00PM Commons Conference Room
May 3 4:00 – 5:00PM Commons Conference Room
May 31 4:00 – 5:00PM Commons Conference Room
Week of June 20 90 minute Lunch Legislative Lunch, Location TBD
July 12 4:00 – 5:00PM Commons Conference Room
August 9 4:00 – 5:00PM Commons Conference Room
September 6 90 minute Meeting Commons Conference Room
September 20 4:00 – 5:00PM Commons Conference Room
October 11 4:00 – 5:00PM Commons Conference Room
October 25 4:00 – 5:00PM Commons Conference Room
November 8 4:00 – 5:00PM Commons Conference Room
November 29 4:00 – 5:00PM Commons Conference Room
December 13 (Friday) 8:00AM – 10:00AM Breakfast Meeting, Location TBD
Goals:
1. Increased engagement with General Assembly and Congressional delegation
2. Communication throughout the General Assembly session
3. Timely opportunities for action
Key dates:
January 13, General Assembly convenes
March 5-9, National League of Cities Conference, Washington, DC
TBD, Lobbying trip to Washington, DC
May 11, General Assembly adjournment sine die
City Manager’s Office
PO Box 580
300 LaPorte Ave.
Fort Collins, CO 80522
970.221.6505
970.224.6107 - fax
fcgov.com
MEMORANDUM
Date: October 15, 2015
To: Mayor and City Councilmembers
From: Dan Weinheimer, Policy and Project Manager
Through: Darin Atteberry, City Manager
Jeff Mihelich, Deputy City Manager
Laurie Kadrich, Director of Planning, Development and Transportation
Re: Oil and Gas Rulemaking Process
Bottom-line:
Staff has been tracking an upcoming Colorado Oil and Gas Conservation Commission
(COGCC) rulemaking. Fort Collins is poised to offer comments on the draft rule representing the
City, to track the rulemaking and to engage as Council sees fit (either with or without other local
government partners).
Staff plans to secure “party status” for the rulemaking in order to preserve the greatest
opportunity for Fort Collins to engage throughout the hearing process.
Background:
COGCC expects to have a rulemaking in November/December on two recommendations of the
Governor's Oil and Gas Task Force related to proximity of large-scale oil and gas operations to
communities and the amount and type of communication and input cities will have in site
location for these facilities.
A staff team has engaged in dialogue on these upcoming rule changes with Larimer County and
Loveland. Fort Collins staff have coordinated these meetings and initially offered to have all
entities that have a Local Government Designee within the county participate – Loveland and
Larimer County have been the only participants.
This coalition group is engaged with Broomfield and with Boulder County agencies - both
groups have already offered written comments directly to COGCC.
Options (from most engaged to least):
1. Secure "party status"
Provides clear opportunity to address Commission orally or through written
comments throughout the rulemaking
As mentioned, due to the timing (October 19 deadline to request party status)
staff will secure party status in order to preserve the option
2. Secure party status with a coalition of other governments
Fort Collins and aligned communities would likely coordinate a single
spokesperson and develop comments collectively
3. Submit written comments throughout the rulemaking and speak in public comment
Option would preserve an ability to provide written comments but oral comment
would be limited
4. Provide written comments initially and simply monitor the process
5. Monitor the rulemaking process without formal comments
Important dates announced for this rulemaking include:
November 16-17 - the dates designated for the rulemaking hearing (expect December dates
as well)
October 14, 15, and 16: 3-hour rulemaking scoping meetings for potential stakeholders
October 15: Next meeting of our Larimer County group
October 19: Deadline to request party status
October 20: Staff will attend a pre-hearing meeting at the CU-Boulder law school
October 28: Pre-hearing statements due to COGCC
November 3: Latest date for Council to consider a resolution
November 6: Party response to pre-hearing statements
Week of November 9: Parties must attend a pre-hearing conference
Staff plans to work through the Legislative Review Committee (LRC) to provide updates and
receive feedback on the rulemaking. Staff will also keep Council informed with periodic written
communications.
CML POLICY COMMITTEE – OCTOBER 16, 2015
Fiscal Fair Play DRAFT
CML Policy Statement
State Fiscal Fair Play
Municipal finances are closely interrelated with state finances and policies. State adherence to fiscal fair
play policies will greatly help municipalities and their citizens. Therefore, the League:
• Supports appropriate action to address the state and local financial crises caused by the
interaction of various constitutional amendments and the economy.
• Supports continued state sharing with municipalities of equitable portions of existing and future
revenues derived from traditional state-collected, municipally-shared sources.
• Urges the state to avoid or exercise restraint in relying on fees, charges and other cash funding of
programs that affect municipalities, especially in the areas of technical assistance, in programs
where municipal participation is mandated by state law, and in regulatory programs that affect
municipalities.
• Opposes state-granted exemptions or other state actions that erode municipal sales, use,
property and other revenues unless the state provides adequate replacement revenues.
• Opposes disproportionate cuts in state programs that benefit municipalities.
• Opposes the state utilizing local funds or requiring local governments to collect state revenues in
order to fund state programs.
A. Road & Bridge Mill Levy
Facts
1. Colorado statutes require 50% of revenues collected from a county road & bridge mill levy to be
shared back with municipalities within the county.
2. The mill levy is under the unilateral control of county commissioners who set the mill levies each
year.
a. May be raised or lowered annually
b. No public vote is required
c. No input from municipalities is required.
3. Lowering the road & bridge mill levy increases revenues to other line items in the county budget
4. 34 counties have decreased road & bridge mill levies from their highest point in the last 10 years.
(Only 7 increased the road & bridge mill levy)
5. The result is a net loss by municipalities of nearly $19 million in road & bridge funds that have
instead been redistributed back into county programs. Some counties have then turned around
used that money for county road & bridge projects.
6. Examples:
a. Jefferson County: The road & bridge mill levy has been perennially reduced by a
“temporary” adjustment from 3.28 to a 1.4 mills (and proposed for 2016 to be 1.253 mills),
which translates to approximately $7 million of municipal road & bridge money unilaterally
redistributed to the county budget.
b. Larimer County: The county has reduced the road & bridge mill levy by over 90% from
1976 (4.9 mills) to 2015 (0.572 mills). This includes an over 50% reduction in 2009, at
which time the county supplemented its own road & bridge fund with specific ownership
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taxes for the stated purpose of “reducing payments to cities/towns and increasing funds
available to maintain county roads.”
c. El Paso County: The county slashed its road & bridge mill levy by 80% in the last 10
years, resulting in $4 million reduction in municipal share of road & bridge money – or
nearly a 400% drop.
d. Moffat and Montrose Counties have completely eliminated their road & bridge mill levy.
B. Severance tax
SB 15-255 swept $20 million off the top of severance tax revenues that, for local
governments, are intended to mitigate the impacts of natural resource extraction on local
government infrastructure and programs.
Impacts to local and state government:
Direct Distribution to Impacted Local Governments - $ 3 million
Energy Impact Assistance Fund - $7 million
Colorado Water Conservation Board grants and loans - $5 million
Department of Natural Resources Operational Account - $ 5 million
The ability of the state to sweep severance tax and federal mineral lease money rather than
attempt to directly address constitutional constraints on the legislature’s ability to budget to
its needs is troubling.
C. Unfunded mandates
Certain laws and constitutional language purport to protect local governments against state
unfunded mandates. However, they often still occur. A discussion of whether or not state
law is strong enough or whether additional efforts should be undertaken is appropriate.
1. State law: C.R.S. 29-1-304.5
(1) No new state mandate or an increase in the level of service for an existing state mandate
beyond the existing level of service required by law shall be mandated by the general assembly
or any state agency on any local government unless the state provides additional moneys to
reimburse such local government for the costs of such new state mandate or such increased level
of service. In the event that such additional moneys for reimbursement are not provided, such
mandate or increased level of service for an existing state mandate shall be optional on the part
of the local government.
(2) The provisions of subsection (1) of this section shall not apply to:
(a) Any new state mandate or any increase in the level of service for an existing state mandate
beyond the existing level of service which is the result of any requirement of federal law;
(b) Any new state mandate or any increase in the level of service for an existing state mandate
beyond the existing level of service which is the result of any requirement of a final state or
federal court order;
(c) Any modification in the share of school dis tricts for financing the state public school system;
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(d) Any new state mandate or any increase in the level of service for an existing state mandate
beyond the existing level or service which is the result of any state law enacted prior to the
second regular session of the fifty-eighth general assembly or any rule or regulation promulgated
thereunder;
(e) Any new state mandate or any increase in the level of service for an existing state mandate
beyond the existing level of service which is undertaken at the option of a local government which
results in additional requirements or standards; and
(f) Any order from the state board of education pertaining to the establishment, operation, or
funding of a charter school or any modification of the statutory or regulatory responsibilities of
school districts pertaining to charter schools.
(3) For purposes of this section:
(a) "Increase in the level of service for an existing state mandate" does not include any increase
in expenditures necessary to offset an increase in costs to provide such service due to inflation or
any increase in the number of recipients of such service unless such increase results from any
requirement of law which either enlarges an existing class of recipients or adds a new class of
recipients.
(b) "Local government" means any county, city and county, city, or town, whether home rule or
statutory, or any school district, special district, authority, or other political subdivision of the state.
(c) "Requirement of federal law" means any federal law, rule, regulation, executive order,
guideline, standard, or other federal action which has the force and effect of law and which either
requires the state to take action or does not directly require the state to take action but will,
according to federal law, result in the loss of federal funds if state action is not taken to comply
with such federal action.
(d) "State mandate" means any legal requirement established by statutory provision or
administrative rule or regulation which requires any l ocal government to undertake a specific
activity or to provide a specific service which satisfies minimum state standards, including, but not
limited to:
(I) Program mandates which result from orders or conditions specified by the state as to what
activity shall be performed, the quality of the program, or the quantity of services to be provided;
and
(II) Procedural mandates which regulate and direct the behavior of any local government in
providing programs or services, including, but not limited to, reporting, fiscal, personnel, planning
and evaluation, record-keeping, and performance requirements.
2. Executive Order No. 5 - Establishing a Policy to Enhance the Relationship between
State and Local Government
“To the extent authorized by law, no state agency shall promulgate any regulation creating a
mandate on local governments…” (Creates exceptions but was further implemented by legislation
in 2013)
3. Colorado Constitution Article X, Section 20 (TABOR)
(9) STATE MANDATES. Except for public education through grade 12 or as required of a local
district by federal law, a local district may reduce or end its subsidy to any program delegated to it
by the general assembly for administration. For current programs, the state may require 90 days
notice and that the adjustment occur in a maximum of three equal annual installments.
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4. New Hampshire Constitution
[Art.] 28-a. [Mandated Programs.] The state shall not mandate or assign any new, expanded or
modified programs or responsibilities to any political subdivision in such a way as to necessitate
additional local expenditures by the political subdivision unless such programs or responsibilities
are fully funded by the state or unless such programs or responsibilities are approved for funding
by a vote of the local legislative body of the political subdivision.
D. Federal – Marketplace Fairness
Geoff Wilson will provide an update in the latest activity at the federal level.
E. Others?
CML POLICY COMMITTEE – OCTOBER 16, 2015
Member proposals
Municipal Housing Authority – Term of commissioners
Proposed by: City of Rifle. Lobbyist: Meghan Dollar. Committee Recommendation:
CML-initiated legislation to amend the statutes pertaining to municipal housing
authorities to designate a 5-year term (current law), unless a different term is
established by a municipality for its authority.
Land Use – Remove charter school exemption from local land use regs
Proposed by: City of Durango. Lobbyist: Meghan Dollar. No action taken. Deferred to
December 4 meeting for further consideration of alternatives and collaborative
approach with public and charter school organizations.
Health Care – Convert to single health care region
Proposed by: Town of Frisco. Lobbyist: Kevin Bommer. No action taken. Discussion
only and staff presentation of issues. Deferred until a later date.
Action Items
Affordable Housing: Homeless Right to Rest Act
In 2014, Denver Homeless Out Loud and the American Civil Liberties Union introduced
HB 15-1264 that would have created the “Colorado Right to Rest Act.” HB 14-1264
attempted to apply certain rights to the homeless and allowed an individual to bring suit
against local governments and businesses should they believe they were harassed.
CML was successful in defeating this legislation. The ACLU plans to reintroduce the bill
in the 2016 legislation session. Staff recommendation: Oppose. Lobbyist: Meghan
Dollar Committee Recommendation: Oppose
Affordable Housing: State Low Income Housing Tax Credits
During the 2014 legislation session, HB 14-1017 was passed to create a state low
income housing tax credit that is operated through the Colorado Housing and Finance
Authority (CHFA). CML supported this legislation. The program was to sunset in two
years and requires legislative action in 2016 to continue. In the last two years, nearly
2000 affordable housing units were developed in various municipalities throughout the
state using state tax credits. This program is another tool for the state to develop
affordable housing in communities. Staff recommendation: Support. Lobbyist:
Meghan Dollar Committee Recommendation: Support
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Emergency Management: TABOR Clarifications during Emergencies
During the 2014 session CML worked with the Joint Budget Committee to pass HB 14 -
1393 which clarified that federal funding passed through the state did not count toward
a municipality’s TABOR limit nor did it count as state funding for purposes of the
enterprise test. Even with the passage of HB 14-1393, TABOR still needs surgical
changes to allow municipalities to use their resources to full capacity during an
emergency. That is why CML collaborated on the drafting of a concurrent resolution
authorizing a referred ballot question to ask the voters to approve the following items:
Define what an “emergency” within TABOR is. Currently, only what is not an
emergency is defined.
In the event of an emergency, allo w a government to have a TABOR election on
any date for purposes of obtaining additional resources to address any need
caused by the emergency;
Exclude emergency state aid from local fiscal year spending;
Exclude state grants for emergency response and recovery from the enterprise
compliance test; and
Create an exemption for a government that uses its 3% reserve for responding to
an emergency. In these circumstances they would not need to backfill the
reserve until the fiscal year after the disaster is deemed ended.
CML is aware that any concurrent resolution, let alone one addressing TABOR, needs
bipartisan support. CML has met with important stakeholders to get their feedback on
proposed language. Staff recommendation: Support. Lobbyist: Meghan Dollar.
Committee Recommendation: Support
Elections: Secretary of State’s Technical Corrections bill
Major election legislation affecting municipal elections has been approved by the
General Assembly in the past three sessions. The Secretary will be pursuing legislation
to make various technical corrections to the Uniform Election Code in the wake of these
major bills. The SoS is agreeable to CML and the municipal clerks addressing some of
our own Municipal Election Code technical corrections in this bill. For example, last
session the nomination petition process was advanced on the election calendar, but the
associated date for cancelling an election should there be fewer candidates than
vacancies to be filled, was not. Staff recommendation: Staff discretion to support.
Lobbyist: Geoff Wilson. Committee Recommendation: Staff discretion to support
Elections: Signature Verification in Mail Ballot Elections
Last session, CML played an active role in defeating legislation that would have
required signature verification in municipal mail ballot elections. CML did not oppose
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signature verification per se; there were practical and fiscal questions that needed to be
resolved, however, making the 2015 legislation premature. CML committed to work to
address our concerns and return with a bill in 2016, if that course proved practical. CML
staff has worked with the Secretary of State’s office to secure access for munic ipal
clerks to the State’s SCORE database of signatures, and our clerks are confident that
fiscal impacts will be small. The bill will be carried by Rep Patrick Neville, (R), Castle
Rock, whose bill CML opposed last session. We anticipate support from the Colorado
Municipal Clerks Association and the Secretary of State for this legislation.
Staff recommendation: Support. Lobbyist: Geoff Wilson. Committee
Recommendation: Support
Land Use: Special District Impact Fees
Several fire districts are still interested in passing legislation to allow a fire prevention
district to impose an impact fee on new development within their jurisdiction. The intent
is that the fee will be reasonably related to the overall cost of the fire protection districts
services. During the December 2014 Policy Committee meeting, staff initially
recommended CML support the proposed legislation. It was decided that CML would
support the legislation on the condition that two amendments were made to the
proposed legislation. One, the fire district should provide notice to any affected
municipality. Two, the fire district would be required to update its service plan to reflect
the additional impact fee. Staff has since met with the proponents and they have
refused both amendments. As a result staff recommends CML take no posit ion, and the
proponents can take their chances directly with the Colorado Association of Realtors.
Staff recommendation: No Position. Lobbyist: Meghan Dollar. Committee
Recommendation: Oppose unless amended to 1) provide notice to affected
municipalities, and 2) require service plan amendment.
Public Safety: Wildland Urban Interface (WUI) Code
A member of the wildfire matters review committee has submitted draft legislation to
require cities and counties that have building codes and are in the wild land urban
interface, to adopt the 2015 ICC WUI code or an equal or more stringent requirement,
by early 2017. There is also a requirement for local governments to report adoption of
the code to the Division of Fire Prevention and Control. This is an unfunded mandate
that would add additional administrative code proceedings as well as require mitigation
far beyond the ability of many small communities to enforce. Recommendation:
Oppose Lobbyist: Meghan Dollar. Committee Recommendation: Oppose
Sales and Use Tax: Appeal Bonds and Deposits
Late in the 2015 session, legislation was introduced to eliminate the appeal bond (two
times the amount at issue) and deposit requirements for those who wish to appeal an
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adverse administrative tax decision. CML vigorously opposed the bill, not so much
based on its substance as on process grounds: the bill was prepared without
consultation with either municipalities or the Department of Revenue, and it was
introduced at the end of the session when it would not receive the deliberate
consideration that a bill on this important topic requires. The 20 15 legislation was
thereafter killed at its supporters’ request. CML staff has met with the bill proponents
and has had a chance to network this proposal among some of our tax professionals,
who didn’t have major issues with the bill last year and still don’t. Recommendation
reflects fact bill has not yet been written. Staff recommendation: Staff discretion to
support. Lobbyist: Geoff Wilson. Committee Recommendation: Staff discretion to
support
Sales and Use Taxes: Single Point of Licensing & Remittance Pilot Program
CML is presently in the middle of a major project to simplify our municipal tax system by
developing and encouraging our members to adopt uniform sales and use tax
definitions. This project, being conducted with the support of and in cooperation with the
business community, will simplify the tax system that provides municipalities with over
70% of their general purpose tax revenues, without jeopardizing those revenues. This
work is being done pursuant to a 2014 General Assembly resolution, SJR14 -038.
Another important step in simplifying the current system is providing a way that
businesses can get tax licenses for every municipality in which they do business, and
then remit the taxes owed to each of those jurisdictions, through a single web site. Many
jurisdictions already provide for electronic filing and licensing on an individual
jurisdiction basis. CML staff anticipates a 2016 resolution urging CML to follow up its
definition project with work on a pilot program for a one point of licensing and remittance
system. Staff recommendation: Staff discretion to support. Lobbyist: Geoff Wilson.
Committee Recommendation: Staff discretion to support
Transportation: Off-Highway Vehicles (OHV)
An interim legislative committee will put forward a bill to bring minimal standardization to
the use of OHVs (also known as all-terrain vehicles) on public roads. While OHVs will
continue to be prohibited from travel on state highways, the bill includes a provision
CML sought to allow OHVs to cross state highways in municipalities that allow their
travel on municipal streets. The bill continues to empower municipalities an d counties to
decide whether to allow OHVs on their local roads. A few minimum standards will be
required to be included in ordinances that authorize their use - including minimum age,
insurance, helmets for drivers under 18, brakes, and lights. OHVs used on public roads
would be required to obtain a special license plate from their county clerk. Staff
recommendation: Support. Lobbyist: TBD. Committee Recommendation: Staff
discretion to support
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Action item : Supplemental agenda
Public Safety: Wildfire Risk Reduction Grant Program
In the 2013 and 2015 Legislative sessions, CML supported the creation and
continuance of the Wildfire Risk Reduction Grant (WRRG) program through the
Department of Natural Resources. With WRRG, local governments, non -profits, and
homeowner’s associations are all eligible to apply for supplementation to mitigation
projects. The program has awarded millions of dollars to projects for forest restoration
and mitigation with the hope of minimizing future wildfire damage. The program was
renewed for one year in 2015 so there will be necessary legislation to continue funding
in 2016. At this time, the program does not have funding in the Governor’s budget,
however, this program provides significant support for wildfire mitigation and CML staff
recommends that the League take a support position to continue to fund the program.
Staff recommendation: Support. Lobbyist: Meghan Dollar. Committee
Recommendation: Support
Information items : Supplemental agenda
Urban renewal: Downtown Development Authority statutes
According to a proposal made by Teller County to CCI’s legislative ste ering committee,
“current TIF rules require counties and other subdivisions of government to subsidize
municipal economic development projects.” A proposal has been made to CCI by Teller
County to modify DDA statutes to “match the TIF rules.” It is not ye t clear if that
proposal to seek legislation was approved by CCI’s steering committee and board.
However, if CCI intends to move forward, staff will bring the details and a
recommendation to the Policy Committee on December 4. Lobbyist: Kevin Bommer
Marijuana: State special sales tax shareback
A proposal made to CCI’s legislative steering committee may result in proposed
legislation attempting to amend the provisions of the state sales tax shareback to local
governments with approved retail sales and carve out half of the shareback for based
on cultivation and production. When the deal was cut for a state shareback in 2013, CCI
passed on the opportunity for inclusion in the shareback beyond any retail sales
counties may receive. If CCI pursues this legislation, staff will bring the details and a
recommendation to the December 4 Policy Committee meeting. Lobbyist: Kevin
Bommer
1
LEGISLATIVE POLICY AGENDA
2015 2016
Adopted
November 18, 2014
2
TABLE OF CONTENTS
TOPIC PAGE
INTRODUCTION 4
FORT COLLINS LEGISLATIVE REVIEW COMMITTEE 5
LEGISLATIVE REVIEW PROCESS 5
2015 2016 LEGISLATIVE PRIORITIES 6
LEGISLATIVE POLICY STATEMENTS 13
CULTURE AND RECREATION
CULTURAL SERVICES 13
PARKS AND RECREATION 13
ECONOMIC HEALTH
FINANCE 15
INVESTMENTS 15
PRIVATIZATION 16
ECONOMIC DEVELOPMENT 16
ENVIRONMENTAL HEALTH
AIR QUALITY 17
CLIMATE AND ENVIRONMENTAL PROTECTION 18
NATURAL AREAS AND OPEN LANDS 19
OIL AND GAS 19
RECYCLING AND SOLID WASTE 20
UTILITY SERVICES 21
ENERGY 21
WATER SUPPLY AND QUALITY 22
HIGH PERFORMING GOVERNMENT
HOME RULE 23
HUMAN RESOURCES 24
RISK MANAGEMENT 24
SOVEREIGN AND GOVERNMENTAL IMMUNITY 25
TELECOMMUNICATIONS 25
COMMUNITY AND NEIGHBORHOOD LIVABILITY 27
AFFORDABLE HOUSING 27
DEVELOPMENT REVIEW AND INSPECTION 28
PLANNING AND LAND USE 29
SOCIAL SUSTAINABILITY 29
URBAN AGRICULTURE
3
SAFE COMMUNITY 30
FIRE PROTECTION 31
HAZARDOUS MATERIALS MANAGEMENT 32
MARIJUANA 32
PUBLIC SAFETY
TRANSPORTATION 34
TRANSPORTATION 36
CITY LEGISLATIVE STAFF
4
INTRODUCTION
Fort Collins is a community of 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 broad set of policy statements meant to
convey positions on issues that affect the quality of life and the governance of our
community.
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 2015 2016 City of Fort Collins Legislative Policy Agenda identifies a broad range of
important issues for 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 issues Fort Collins is focused on in the 20165
Colorado General Assembly and United States Congress. These priority topics, similar to
the City’s overall policies, are reviewed and updated annually. Revisions to the policy
agenda and priorities are adopted in November ahead of the Colorado General Assembly
session.
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 and
participate in regional dialogue to achieve shared outcomes.
The City identified seven outcome areas to ensure appropriate and effective resource
allocation supporting the community’s priorities. Fort Collins’ outcome areas include
Culture and Recreation; Economic Health; Environmental Health; High Performing
Government; Neighborhood Livability; Safe Community; and Transportation. 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.
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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 particular 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 Wade TroxellGino Campana, Chair
Councilmember Lisa Poppaw
Councilmember Ross Cunniff
Councilmember Ray Martinez
LEGISLATIVE REVIEW PROCESS
Bills introduced in the Colorado General Assembly, United States Congress and federal,
state or county regulations or rulemakings are reviewed by the Legislative Policy
Manager. Bills, regulation and rules addressing a stated legislative priority, or adopted
policy position, may be brought to the 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
legislative, regulatory and rulemaking 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.
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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 the city deemed blighted and provide a funding mechanism to
encourage redevelopment. The main funding tool 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. 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. The City has engaged regional partners in
an attempt to develop an equitable formula and process for utilizing URA in Larimer
County. Fort Collins has sought to identify a mechanism to balance Larimer County costs
for providing service in URA areas and to shared constituents.
2015 URA reform law (HB15-1348) institutes several changes that the City will be
implementing in its URA practices. Key changes to URA law add additional members
from county, special districts and school district to a URA Board and a negotiated use of
tax increment funds before the City could utilize them. Fort Collins is already working on
adopting HB 1348 changes.
The City would like to see clarifications made to HB 1348 as language included in the
new law that does not conform to URA statute and it is unclear how this new law impacts
projects already under development.
Objective: Support 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. Fort Collins supports studying and better
understanding the health and community impacts of oil and gas extraction.
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Fort Collins seeks the following:
Increased local flexibility to regulate oil and gas activity within its incorporated
borders
Limit the proximity of large-scale oil and gas sites to the City limits in order to
minimize community impacts
Mitigation measures that balance developing oil and gas resources with
community environmental and human health
Additional information about the chemicals being injected into the ground,
especially during hydraulic fracturing
Greater knowledge and control of air emissions 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. The City is monitoring the work of the Governor’s appointed Oil
and Gas Task Force and will provide comments as permittedwill monitor and engage as
appropriate in rulemaking hearings of the Colorado Oil and Gas Conservation
Commission.
Objective: Advocate solutions to nuisance and safety issues related to railroad
proximity
Issue: Communities throughout the United States are wrestling with issues
related to railroad proximity – these include extended blockages of community
intersections, 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 result in catastrophic disasters in cases of
derailment.
Fort Collins has two active railroad corridors and three rail companies servicing the
community 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
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encouraging Transit Oriented Development. 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. The Mason Corridor Bus
Rapid Transit, which began operation in 2014, is one example. 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.
Trains have regained preference for transporting goods and materials. The increased use
of rail has added pressure to the system and identified several safety concerns – track
maintenance, tanker car safety, and notification of hazardous materials to public safety
leaders. Fort Collins will work to the following goals at a state and national level:
Engagement with railroad companies
Development of a “proximity issues” dialogue between railroad and local
governments on a broad suite of topics
Notification about hazardous material shipments passing through communities
Ensuring track maintenance and train car safety
Collaborate with railroads to train local emergency personnel
Solution-oriented use of technology and innovation to improve conflict areas
Promote the FRA to enact new or amend existing regulations
Objective: Support allowing local governments to provide broadband and
enhanced communication services[DW1]
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 marijuana law clarifications and alignment with Colorado
Constitution
Issue: The passage and implementation of Amendment 64 legalized adult use
marijuana in Colorado. Fort Collins City Council approved limited adult use marijuana
businesses and sales in addition to existing medical marijuana businesses.
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Fort Collins seeks clarification on the following items:
Conflicts exist between state and federal laws regarding marijuana possession
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
Community public safety
Limiting THC content per serving size and restrict packaging to a single serving
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. Marijuana is currently classified as a
Schedule 1 drug, this designation means it cannot be 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
to consider allowing 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 and achieve Climate Action Plan goals
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.
Resiliency efforts are important because they impact a broad set of critical services
including:
Land use
Utility operations
Transportation infrastructure
Sustainability services
Health
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Safety
Emergency Response
Disaster recovery
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.
City staff are working to develop actions to implement in order to achieve the Climate
Action Plan goals. These goals may be assisted and promoted through legislative and
regulatory actions. Action in the transportation and energy sectors will be important
drivers for reducing greenhouse gas emissions and achieving both climate and resilience
goals.
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.
Objective: Support transportation infrastructure connectivity with an emphasis
on funding an integrated, multi-modal system
Issue: Funding for vital transportation infrastructure will continue 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.
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.
We strongly support preservation of federal levels of funding and allocation of all federal
motor fuel taxes and other federal transportation trust funds for their intended purposes.
In addition, we urge development of a new, more stable, long range transportation
funding mechanism that doesn’t rely upon fuel tax revenues. 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.
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A key transportation funding priority for Fort Collins is Interstate 25 (I-25) in Northern
Colorado. The highway has become a pinch point in the regional transportation inventory
that limits access to and from Fort Collins for residents, visitors, and the delivery of
goods and services. Immediate funding to widen north I-25 is needed to sustain the
region’s economic growth.
Objective: Pursue federal policies and resources needed to attain City-adopted
climate action 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 comprehensive water resource management
Issue: Water resources from the Mountain West to California are stressed by
many factors – environmental, population growth and aging infrastructure. Local water
resource planning efforts ensure adequate supply to residents through managing the
City’s water rights portfolio, encouraging increased efficiency and expanding storage.
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.
Fort Collins will participate in the development offurther work on the Colorado Water
Plan and the development of the federal Environmental Protection Agency’s (EPA)
Waters of the United States rulemakings affective water.
Objective: Support waste stream management, reduction and resource
strategies
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Issue: The Fort Collins community is just one member of a regional “waste
shed” in Northern Colorado. The City acknowledges this interdependence, and the role
that state legislation can, and should, play in applying broad measures such as setting a
state waste diversion goal and helping to support related strategies, which could also
serve to reduce carbon emissions and create opportunities for waste-to-energy
applications when ultra-low pollution conversion technology is used.
The City relies on regional and state-wide infrastructure and systems for conventional
landfill disposal alternatives such as commercial-scale composting, bio-digesters,
recycled-content manufacturers, and specialty landfills. We can only be effective at
meeting the community’s waste reduction goals if facility managers have confidence to
develop and expand in Colorado, guided by new legislation that drives waste diversion.
HB07-1288, the Recycling Resources Economic Opportunity Act, will sunset in 2017.
The City supports extending the provisions of this bill, which established a grant fund for
recycling projects using revenue from a seven-cents/ton surcharge on trash placed in
Colorado landfills. The City supports the grant program and further seeks steps to
increase funding for this high-performing recycling program.
Objective: Support a comprehensive approach to reduce the impacts of poverty,
housing affordability and homelessness
Issue: Poverty and homelessness are persistent issues in Fort Collins and across
Colorado. Fort Collins is committed to making homelessness rare, short-lived and non-
recurring. The City is interested in developing local solutions to these persistent 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 address poverty within the community such as:
Create Fully fund an affordable housing fund
Implement funding for the Earned Income Tax Credit
Fix the Child Care Tax Credit
Develop or expand programs that ensure a smooth transition from foster care to
independence
Increase funding for mental health care/programs
Increase development of condominiums by addressing construction defect law
reform
Adopt standardized state-level tools to respond to homelessness
Pilot innovative programs to address housing and homelessness
Objective: Support the innovation economy
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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.
The City will maintain and enhance its innovation economy through:
Supporting 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-off and development of intellectual property from
research institutes, private business, and higher education
Efforts to encourage the retention of new and innovative businesses in the
community
Supporting business incubation, primarily through the commercialization of
intellectual property, with strong partnerships
Application of innovative technologies and approaches to improve city programs
and services
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LEGISLATIVE POLICY STATEMENTS
Cultural and Recreation
Strategic Outcome
Fort Collins provides diverse cultural and recreational amenities
Strategic Objectives
1. Improve low and moderate income citizen access to, and participation in, City
programs and facilities
2. Develop effective marketing strategies that drive optimal attendance and revenue
3. Develop effective Operation and Maintenance (O&M) funding alternatives for
City subsidized facilities and programs
4. Maintain and enhance the current culture, recreation and parks systems
5. Plan, design and implement citywide park, recreation and trail improvements
6. Develop a clear strategic definition and description of the City’s role in the
culture and arts while leveraging partnerships with other community
organizations
7. Promote a healthy community and responsible access to nature
CULTURAL SERVICES
The City recognizes that art and culture are vitally important to the quality of life in our
community and is committed to providing the citizens of Fort Collins with excellent
cultural services.
Therefore, the City supports the following policy statements:
1. Fund cultural services activities promoting the education, entertainment and
enrichment of the community.
2. Facilitate the creation, performance and presentation of the arts.
3. Protect and preserve our cultural heritage.
4. Expand access and inclusion for all citizens to cultural events.
PARKS AND RECREATION
The City is committed to providing the community with excellent parks and recreation
services and facilities. Our citizens enjoy a better quality of life, improved health, less
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crime and a greater sense of community because of our quality parks and recreation
programs.
Therefore, the City supports the following policy statements:
1. Maintain or enhance funding for parks, trails, forestry, horticulture and recreation
services and facilities.
2. Provide maximum local discretion to use of Great Outdoors Colorado and other
sources for funding municipal government projects addressing local needs and
priorities.
3. Sustain availability of Great Outdoors Colorado grants to municipalities in equal
or greater funding levels.
4. Enhance the City’s ability to provide quality parks and recreation services and
facilities for its citizens.
5. Enhance the protection of community trees and natural assets against invasive
species, pests and other threats.
6. Expand access and inclusion for all citizens to community recreational
opportunities.
ECONOMIC HEALTH
Strategic Outcome
Promote a healthy, sustainable economy reflecting community values
Strategic Objectives
1. Align economic health goals and strategy across all levels of the organization and
refine and agree upon the economic tools the City uses
2. Improve policies and programs to retain, expand, incubate and attract primary
employers where consistent with City goals
3. Support workforce development and community amenities initiatives that meet
the needs of employers within the City
4. Improve effectiveness through collaboration with economic-health oriented
regional partners
5. Sustain high water quality to support the community and water-dependent
businesses
6. Maintain utility systems and services; infrastructure integrity; and stable,
competitive rates
7. Support sustainable infill and redevelopment to meet climate action strategies
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8. Preserve the City’s sense of place
9. Provide transparent, predictable and efficient processes for citizens and businesses
interacting with the City
10. Address Downtown parking issues identified in the adopted Parking Plan,
including funding, convenient access, and integrated transit and alternative mode
solutions
11. Encourage the development of reliable, ultra-high speed internet services
throughout the community
FINANCE
As a municipality, the City of Fort Collins faces many complex financial issues. Strong
fiscal planning, prudent debt management and preservation of the City’s revenue base are
vital in maintaining and improving the City’s financial health. Considering the known
impacts of legislation on the City’s business community can help foster a stronger tax
base and retain a strong quality of life.
Therefore, the City supports the following policy statements:
1. Maintain or expand municipal authority to establish alternative funding
mechanisms, including financing tools such as public improvement fees (PIF) and
certificates of participation (COP).
2. Increase funding for higher education, specifically Colorado State University and
Front Range Community College.
3. Promote the equitable treatment of sales and use taxes to residents and
corporations residing or doing business in Colorado by limiting exemptions.
4. Recognize the importance of sales and use tax to local, self-collecting
municipalities and equitably distributes sales tax collections on e-commerce
transactions.
5. Maintain or increase the City’s revenue base (sales, use and property tax).
INVESTMENTS
The Fort Collins City Council has adopted investment polices to be used by the City.
The policies are reviewed and update periodically to ensure the safety and quality of the
portfolio to maintain liquidity and to maximize portfolio earnings.
Therefore, the City supports the following policy statements:
1. Protect, without unnecessarily restricting, the investments of government entities.
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2. Provide adequate transparency of the City’s investment activity.
3. Provide municipalities freedom to participate in investments that meet their
strategic objectives.
4. Do not restrict cities’ ability to adopt their own investment policies.
PRIVATIZATION
The City of Fort Collins utilizes outside contracts for procurement of many goods and
services. This practice of privatization provides citizens with a balance of quality and
cost efficiency.
Therefore, the City supports the following policy statements:
1. Enable cities to choose the provision of services through private enterprise in a
manner that fosters cost effective, sustainable, quality services.
2. Maintain local control of the awarding of contracts and the accountability of local
officials for those actions.
3. Reject mandates that increase the complexity and cost of services without
improving those services.
ECONOMIC DEVELOPMENT
Fort Collins seeks to maintain a healthy and resilient economic base of businesses. The
City works closely with businesses to retain and invest in alignment with the Council’s
Action Plan. A healthy and resilient economy for Fort Collins will include:
Diverse jobs that enable citizens and businesses to thrive.
Reflects the values of our unique community in a changing world.
An innovative, creative, and entrepreneurial atmosphere.
Strong partnerships and collaboration with the private sector, educational
institutions, and other organizations.
Therefore, the City supports the following policy statements:
1. Promote sustainable economic development.
2. Retain local governments’ use of tax increment financing as a tool to support
Downtown Development Authorities and Urban Renewal Authorities, taking into
consideration the land use impacts of such legislation (e.g., sprawl) and the
compelling interests and concerns of other taxing entities.
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3. Adopt clarifying language to HB15-1348 to address ambiguity and confusion
created by the drafters. Specifically, address standard use of terms, arbitration
process and ensure intent that the law does not impact projects already underway.
2.
3.4. Encourage adopting innovative solutions to governmental and community
problems.
ENVIRONMENTAL HEALTH
Strategic Outcome
Promote, protect and enhance a healthy and sustainable environment
Strategic Objectives
1. Improve and protect wildlife habitat and the ecosystems of the Poudre
River and other urban streams
2. Achieve environmental goals using the Sustainability Assessment
framework
3. Implement indoor and outdoor air quality improvement initiatives
4. Reduce greenhouse gas (GHG) emissions by creating a built environment
focused on green building and mobile emission reductions
5. Demonstrate progress toward achieving net zero energy within the
community and the City organization using a systems approach
6. Engage citizens in a way to educate and change behavior toward more
sustainable living practices
7. Increase the community’s resiliency and preparedness for changes in
climate, weather and resource availability
8. Protect and monitor water quality, and implement appropriate
conservation efforts and long-term water storage capability
9. Meet or exceed all environmental regulations
10. Conserve and restore biodiversity and habitat
11. Demonstrate progress toward achieving zero waste within the community
and the City organization
AIR QUALITY
The City’s Air Quality Plan establishes a strong overall goal to “continually improve Fort
Collins air quality.”
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Therefore, the City supports the following policy statements:
1. Adopt programs and policies that improve public health and air quality.
2. Ensure air quality standards are protective of public health and welfare.
3. Enhance local government authority to improve air quality beyond minimum
State or Federal requirements.
4. Promote strategies to improve regional air quality, recognizing that air pollution
does not follow jurisdictional boundaries.
5. Assure that Federal, State and County agencies have adequate authority and
resources (funding and personnel) to enforce air quality regulations.
6. Promote voluntary actions to reduce air pollution.
7. Reduce vehicle emissions by:
Using the price mechanisms of the free market to shift citizen and business
travel behavior toward actions that reduce vehicle emissions and vehicle miles
of travel, including removing hidden cost subsidies to motor vehicle users
Employing economic incentives and disincentives and other market
approaches that support clean air
Encouraging behavior changes, such as reducing idling of vehicles
Implementing State motor vehicle emissions testing programs consistent with
City air quality goals
8. Provide authority for local governments to implement vehicle emissions
reductions programs.
9. Strengthen tailpipe emissions and fuel economy standards for all vehicles.
10. Promote advanced low emission vehicle technology.
11. Encourage or promote lower carbon alternative fuels.
12. Reduce or eliminate residential wood smoke emissions in order to achieve
compliance with air quality standards.
13. Reduce fossil fuel consumption in the transportation and building sector.
14. Ensure law enforcement has the tools necessary to address “rolling coal” coming
from vehicle exhaust emissions.
13.
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CLIMATE AND ENVIRONMENTAL PROTECTION
The City of Fort Collins encourages local, state and national efforts to protect and
enhance our environment. Additionally, the City has a policy goal to reduce greenhouse
gas emissions 20% below 2005 levels by 2020 and 80% below 2005 levels by 2030 and
100% below 2005 levels by 2050. The goals call for Fort Collins to be carbon neutral by
2050.
Therefore the City supports the following policy statements:
1. Enhance Fort Collins’ resilience to impacts of climate change.
2. Establish greenhouse gas (GHG) emission reduction targets.
3. Establish market-based mechanisms to reduce greenhouse gas emissions.
4. Develop strategies to prevent pollution.
5. Maintain and protect the Colorado self-audit law.
6. Evaluate and address impacts of climate change on water demand and supply.
NATURAL AREAS AND OPEN LANDS
The City has a vigorous program to protect natural areas and other important open lands
within Fort Collins, within our Community Growth Management Area, and regionally.
The City works in partnership with other communities, Larimer County, private land
trusts, Great Outdoors Colorado, community groups, and state and federal agencies to
achieve community and regional conservation goals.
Therefore, the City supports the following policy statements:
1. Maintain or enhance tax incentives to private landowners for voluntary land
conservation.
2. Expand the effectiveness of existing protection for wetlands, wildlife habitats, and
other sensitive natural areas.
3. Provide additional funding for land conservation programs.
4. Protect the Cache la Poudre River.
5. Increase the availability of Great Outdoors Colorado grants to municipalities in
amounts equal to or greater than are currently offered.
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OIL AND GAS
Oil and gas extraction activity and associated health and environmental impacts are a
concern for Fort Collins and many communities in the Front Range of Colorado. Fort
Collins has a portion of a small oil field within its incorporated boundaries and has
entered into an Operator Agreement or Memoranda of Understanding (MOU) that
stipulates the operations, maintenance and inspection process for that operator’s local
holdings. Citizens in Fort Collins have expressed continuing concern about the human
and environmental health impacts from oil and gas operations and particularly from the
hydraulic fracturing treatment used on most Colorado wells. In November 2013, voters
approved a five-year moratorium on oil and gas extraction in order to study its property
value and human health impacts.
Therefore, the City supports the following policy statements:
1. Encourage state, federal and academic studies evaluating impacts of oil and gas
operations on human health and property values.
2. Establish baseline air pollutant levels and understand the ongoing contributions of
the oil and gas industry to air pollution.
3. Provide local government the authority to inspect oil and gas sites and ensure
operator compliance through enforcement of federal, state and local regulations.
4. Allow communities to understand impacts of oil and gas on water quality. Allow
greater local regulation of oil and gas exploration activities within municipal
boundaries.
5. Better balance surface ownership with mineral right ownership.
6. Allow local governments the ability to apply municipal zoning on oil and gas
extraction and storage activities.
7. Maintain the current formula allocation of severance tax to impacted jurisdictions
so that they might address impacts from resource extraction.
RECYCLING AND SOLID WASTE
The City of Fort Collins endorses a multi-pronged approach to waste minimization that
includes recycling, re-use, composting and source reduction. Additionally, the City has
adopted a goal of diverting 75% of community waste by 2020; 90% by 2025 and 100%
by 2030.
Therefore, the City supports the following policy statements:
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1. Clarify and broaden the regulatory authority of local government to ensure the
efficient management of recyclable material and solid waste.
2. Encourage integrated waste management planning and implementation, including
but not limited to creation of a State waste diversion goal.
3. Provide incentives and funding for programs that promote waste reduction, reuse
and recycling and development of related infrastructure.
4. Enable “buy recycled” or “environmentally preferable purchasing” policies for
government agency procurement.
5. Continue or increase funding for programs to collect and monitor data on trash
volumes, rates of diversion from landfill disposal and economic impacts of
recycling.
6. Require greater producer responsibility, such as “take back” regulations that assist
consumers to appropriately recycle electronic equipment (e-waste.)
7. Establish a deposit fee on beverage containers and that would be used to pay for
recycling programs.
8. Strengthen the “renewable energy” standard; oppose expanding the definition to
include pyrolysis (burning of materials).
9. Minimize waste by developing methods to use waste as an asset.
UTILITY SERVICES
It is critical that the City operate its water, light and power, stormwater and wastewater
services in a financially sound, reliable, safe and environmentally acceptable manner.
Like other municipal utilities across the country, Fort Collins is faced with many new and
evolving challenges associated with changes in the industry, the replacement and security
of its infrastructure and the necessity of managing a knowledgeable workforce.
It is critical that the City operate its electric distribution, drinking water, stormwater and
wastewater services in a financially sound, reliable, safe and environmentally acceptable
manner. Like other municipal utilities across the country, Fort Collins is faced with
many new and evolving challenges associated with changes in the industry, the age and
security of its infrastructure and the necessity of managing a changing workforce.
Therefore, the City supports the following policy statements:
ENERGY
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1. Maintain or improve the reliability of energy delivery to all customers.
2. Promote energy affordability and safety for residents, businesses and institutions.
3. Support reductions of the community’s greenhouse gas(GHG) emissions from
energy use in accordance with the Climate Action Plan (CAP) Framework (March
2015) – current community GHG goals are a reduction of 20 percent from 2005
levels by 2020, 80 percent by 2030 and carbon neutral by 2050.
4. Retain more of our community’s energy expenditures in the local economy.
5. Foster local economic opportunity in energy efficiency, production and operation
6. Increase our community’s resilience to potential energy and climate related
disruptions
1.7.Maintain infrastructure security while minimizing restriction to the Utility’s ability to
manage security as an integral part of the system.
2.8.Provide assistance to local government that balances local design and implementation
of greenhouse gas reduction strategies.
3.9.Establish uniform standards for the reduction of carbon emissions.
4.10. Remove barriers to financing for energy efficiency, and encourages and funds
energy efficiency and conservation while allowing local customization of the
programs.
5.11. Reduce community energy use and net energy use of existing buildings.
6.12. Incent renewable energy production, including wind power, and provide for
“State Implementation Plan” credits for renewable energy (excluding residential
wood burning and corn-based ethanol) and energy efficiency.
7.13. Reject attempts to prevent or inhibit provision of municipal electric service in
newly annexed areas.
8.14. Foster smart grid technology adoption and grid modernization.
WATER SUPPLY AND QUALITY
1. Maintain or expand the authority delegated to the State to administer federally
mandated water, stormwater and wastewater environmental regulatory programs
(primacy).
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2. Enact reasonable water quality regulations that are cost effective and can show
identifiable benefits.
3. Enable local watershed protection planning.
4. Provide cities the flexibility to enhance in-stream flows to preserve or improve the
natural environment of the stream while protecting the integrity of Colorado’s
appropriation doctrine and City water supply.
5. Recognize the importance of infrastructure security while minimizing restriction to
the Utility’s ability to manage security as an integral part of the system.
6. Stipulate adequate funding for local governments to implement mandated programs.
7. Remove barriers to financing for water conservation projects.
8. Fund recovery and treatment of Cache la Poudre and other waterways impacted by
natural disasters.
9. Enable the City to develop and protect its water supply under Colorado’s
appropriation doctrine without adversely affecting in-stream flows or the natural
environment of the stream.
High Performing Government
Strategic Outcome
Deliver an efficient, innovative, transparent, effective and collaborative city government
Strategic Objectives
1. Improve organizational capability and effectiveness – professional development,
leadership, change management, strategic thinking, fiscal literacy and staff
engagement.
2. Improve core Human Resources systems and develop a total reward system.
3. Align similar jobs and skill sets across the organization to address succession
planning and career progression.
4. Strengthen methods of public engagement and reach all segments of the
community.
5. Optimize the use of technology to drive efficiency and productivity, and to
improve services.
6. Enhance the use of performance metrics to assess results.
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7. Develop and implement enterprise-wide processes in appropriate areas – “Plan,
Do, Check, Act” process improvement tool, safety, strategic planning, council and
strategic plan tracking tool, budgeting, project management.
8. Assess effectiveness of safety initiatives, develop and implement safety initiatives
to achieve safety goals, and continue to focus on employee health and wellness.
9. Improve productivity, efficiency, effectiveness, customer service and citizen
satisfaction in all areas of the municipal organization.
10. Implement leading-edge and innovative practices that drive performance
excellence and quality improvements across all Service Areas.
11. Proactively influence policy at other levels of government regulation.
12. Promote a values-driven organizational culture that reinforces ethical behavior,
exercises transparency and maintains the public trust.
13. Continuously improve the City’s governance process.
HOME RULE
The City of Fort Collins is a home rule municipality under Article XX (Article 20) of the
Colorado Constitution, which grants home rule municipalities “full right of self-
government in local and municipal matters.” Home rule authority affords the citizens of
Fort Collins greater access to government and increased opportunity for participation and
contribution to the decision making process.
Home rule is of utmost importance to the City of Fort Collins. The City recognizes,
however, that there are particular areas in which insistence on local control may be
untimely or unwise. Therefore, proposed legislation must be reviewed on a case-by-case
basis to determine when it is in the City's best interest to assert home rule authority and
when the City should support statewide intervention. For example, the City must be free
to regulate local activities that primarily impact the area within the City's boundaries,
such as the speed of local traffic or the effects of particular land use developments. On
the other hand, the cumulative effect of these and other activities has substantial
statewide ramifications which may call for statewide regulation, so that, for example,
state regulation may be needed to effectively manage overall growth and development in
the state, traffic congestion in major transportation corridors and environmental quality.
Therefore, the City supports the following policy statements:
1. Strengthen home rule authority of municipal governments.
2. Reject State or Federal intervention in matters of local concern and which
unnecessarily or adversely affect the City’s ability to manage pursuant to its home
rule authority.
HUMAN RESOURCES
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The City of Fort Collins is committed to the safety and well-being of its employees. The
City works diligently to be an efficient and responsible steward of tax dollars while
ensuring that employees receive fair and competitive compensation and benefits. The
City believes that its citizens, through their elected representatives on City Council, are in
the best position to determine appropriate City employee compensation, benefits, and
policies.
Therefore, the City supports the following policy statements:
1. Enhance the City’s ability to decide employment issues, including collective
bargaining, arbitration, compensation, benefits and leaves.
2. Expand the City’s ability to offer health, welfare and wellness services for
employees.
3. Maintain current state funding for police officer death and disability benefits.
4. Reject returning employees with defined contribution plans to defined benefit
plans if there is a cost to local government.
RISK MANAGEMENT
The City of Fort Collins recognizes the dual purpose of the workers’ compensation
system – providing benefits promptly to injured employees in a cost-effective manner and
minimizing costly litigation. Council also recognizes that the City’s self-insurance
program is a cost efficient method to insure workers’ compensation and that government
intervention or taxation can negatively impact the City.
Therefore, the City supports the following policy statements:
1. Improve administrative efficiency of the Division of Workers’ Compensation.
2. Resist increased insurance premium costs to employers.
3. Limit or reduce administrative burdens or taxes to self-insurance programs.
4. Limit insurance claim litigation.
5. Increase the City’s options and ability to manage workers’ compensation claims;
oppose actions like removing existing off-sets to workers’ compensation benefits
or limiting the City’s ability to designate treating physicians.
6. Reject efforts to presumptively expand workers compensation coverage to
illnesses or injuries that are not work related.
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SOVEREIGN AND GOVERNMENTAL IMMUNITY
The Fort Collins City Council recognizes that the complexity and diversity of City
operations and services required to meet the needs of the citizens of Fort Collins may
expose the City and its officers and employees to liability for damage and injury. The
Council further recognizes that City officers and employees must be confident that they
have the City’s support in the lawful and proper performance of their assigned duties and
responsibilities.
Therefore, the City supports the following policy statements:
1. Protect the interests of municipalities and their officers and employees in the
lawful and proper performance of their duties and responsibilities.
2. Discourage baseless and frivolous claims and demands made against
municipalities, their officers and employees.
3. Maintain or enhance municipal liability protections and municipal immunity.
TELECOMMUNICATIONS
The City of Fort Collins encourages a competitive, open market for cable and
telecommunications services in order to ensure the public has access to a variety of
programming and services at the lowest cost possible.
Therefore, the City supports the following policy statement:
1. Maintain and enhance 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 programming.
2. Re-establish the rights of municipalities to provide low cost, accessible
telecommunications services and related infrastructure.
3. Revise or repeal SB05-152 so that municipalities may offer high-speed and
“advanced service” broadband to residents.
4. Permit communities to offer high speed internet, Wi-Fi and other enhanced
telecommunication services to residents, schools, academic institutions and
businesses.
5. Allow municipalities to provide telecommunication services within City-owned
facilities and on City property.
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6. Enhance exclusive digital communication networks for public safety personnel
during emergencies.
Community and Neighborhood Livability
Strategic Outcome
Provide a high quality built environment and support quality, diverse neighborhoods
Strategic Objectives
1. Improve access to a broad range of quality housing that is safe, accessible and
affordable.
2. Preserve the significant historical character of the community.
3. Direct and guide growth in the community through appropriate planning,
annexation, land use and development review processes.
4. Preserve and provide responsible access to nature.
5. Preserve and enhance the City’s sense of place.
6. Promote health and wellness within the community.
7. Leverage and improve collaboration with other service agencies to address the
prevention of homelessness, poverty issues and other high priority human service
needs.
8. Expand organizational and community knowledge about diversity, and embrace
cultural differences.
9. Develop clear goals, strategic definition and description of the City’s social
sustainability role within the community.
10. Address neighborhood parking issues.
11. Maintain and enhance attractive neighborhoods through City services, innovative
enforcement techniques, and voluntary compliance with City codes and
regulations.
12. Foster positive and respectful neighbor relationships and open communication, as
well as provide and support conflict resolution.
AFFORDABLE HOUSING
The City of Fort Collins supports policy and funding mechanisms that help the City
develop and maintain affordable housing for our community.
Therefore, the City supports the following policy statements:
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1. Maintain or enhance current levels of funding for affordable housing throughout
Colorado.
2. Increase local government’s ability to regulate, manage or generate alternative
sources of funding for affordable housing, including public-private partnerships.
3. Protect the rights of low-income and/or disabled residents in tenant-landlord
disputes, especially as it relates to safety issues.
4. Retain flexibility for City to adopt and enforce rental terms that allow it to
appropriately maintain and manage City-owned affordable rental properties.
5. Amend construction defect laws to reasonably balance safe and reliable housing
with needed condominium construction.
6. Increase the amount of affordable, sustainable and high-quality housing in
communities.
7. Develop strategies that balance the cost of services provided to the chronically
homeless with the cost of providing permanent supportive housing.
8. Create a standardized statewide approach to addressing homelessness.
7.9.Invest in innovative pilot approaches to help communities seeking to provide
service to address the causes of homelessness.
DEVELOPMENT REVIEW AND INSPECTION
Fort Collins City Council adopts a land use code, zoning and new and existing property
inspection protocol. The City supports retention of home-rule control in aligning
development review and inspections with local priorities. In recent sessions, state
legislators have introduced measures aimed at having local inspectors provide inspection
for building types outside existing responsibilities without additional resources provided
to conduct this work.
Therefore, the City supports the following policy statements:
1. Financially compensate a jurisdiction or agency for additional work of
inspectors through fees or other means.
2. Give local governments choices in accepting additional inspection work.
3. Allow local governments to determine the time needed to conduct
development review and inspection timelines.
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PLANNING AND LAND USE
Effective local land use planning and land development regulation contributes to the
quality of life enjoyed primarily by Fort Collins residents, yet shared regionally within
Larimer County. State legislation can influence local governments’ ability to develop
and implement land use plans for their communities.
Therefore, the City supports the following policy statements:
1. Require regional cooperation in land use and transportation planning, and foster
sustainable development, without unduly constraining the City’s home rule
powers.
2. Prohibit the annexation of land that is located within the boundaries of a Growth
Management Area that was legally established by an intergovernmental
agreement between a municipality and a county by any municipality not a party to
the agreement.
3. Limit the definition of a compensable taking and/or the definition of vested
property rights beyond the provisions of existing law.
4. Retain local government authority to impose development impact fees.
5. Increase cities’ ability to regulate industrial land uses like oil and gas exploration
and extraction.
6. Foster equitable public housing policies that balance protection of tenants and
landlords.
SOCIAL SUSTAINABILITY
Fort Collins has implemented a triple-bottom line-oriented Sustainability Service Area in
an effort to ensure community resources are allocated by considering equally human,
environmental and economic benefits. Social Sustainability is the practice of ensuring
healthy social systems so that people in our community can thrive. We do this through
programs, policies, and partnerships that provide equity and opportunities for all.
Therefore the City supports the following policy statements:
1. Maintain or increase the funds available through the state and federal government
for community-focused non-profits to provide human services and housing
support.
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2. Adequately fund K-12 and public post-secondary institutions to ensure
opportunity for youth.
3. Provide funding for before and after school programs and school out days aimed
at at-risk population and low- to moderate-income families.
4. Enhance neighbor relations by improving the resources available to community
mediation and restorative justice programs.
5. Provide communities with resources to address chronic homelessness.
6. Provide reasonable accommodation and expand access for special populations,
including individuals with disabilities, seniors, at-risk youth, people with mental
health needs, and households needing affordable childcare.
URBAN AGRICULTURE
In 2011, City Plan, our community's comprehensive plan, was updated and contained
four goals related to local food production. Staff has worked to align our policies and
regulations with the goals outlined in our comprehensive plan. We have updated the Land
Use Code to permit urban agriculture in all zone districts, allow farmers markets in more
zone districts, allow a greater number and types of animals to be raised, and exempted
hoop houses from the building permit process in order to facilitate year-round production.
The City has also been an active participant in the Northern Colorado Food Cluster which
convenes stakeholders to advance local food initiatives. Locally grown food is a critical
step towards a more sustainable community.
Therefore the City supports the following policy statements:
1. Provide options for urban farmers to have longer-term access to the land required
for food production.
2. Provide all citizens access to healthy foods.
3. Address supply chain needs to support urban farmers.
4. Diversify the production, consumption and distribution of local food products.
5. Adopt food production practices that support innovative and efficient irrigation
practices.
Safe Community
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Strategic Outcome
Provide a safe place to live, work, learn and play
Strategic Objectives
1. Provide facilities and training capabilities to support a high caliber police force.
2. Optimize the use of technology to drive efficiency, productivity and customer
service.
3. Align staffing levels to deliver services that meet community expectations and
needs, and increase public safety operational efficiency.
4. Protect life and property with natural, aesthetically pleasing flood mitigation
facilities through building codes and development regulations.
5. Develop and implement emergency preparation, response and recovery plans
across the organization in collaboration with other community efforts.
6. Improve safety for all modes of travel including vehicular, pedestrian and
bicycles.
7. Use data to focus police efforts on reducing crime and disorder within the
community.
8. Improve community involvement, education and regional partnerships to make
our community safer and stronger.
9. Partner with Poudre Fire Authority to provide fire and emergency services.
10. Provide a high-quality, sustainable water supply that meets or exceeds all public
health standards and supports a healthy and safe community.
FIRE PROTECTION
The Fort Collins City Council recognizes the critical importance of maintaining a safe
environment and protecting the lives and property of the citizens of Fort Collins.
Therefore the City supports the following policy statements:
1. Institute a State fire code, the code of choice being the 2012 International
Building and Fire Code, and allow municipalities to adopt their own amendments.
2. Reject limits to local enforcement of the International Fire Code as adopted with
local amendments, or imposing inspection requirements or preventing collection
of permit or inspection fees as required by the local jurisdiction.
3. Enhance life safety and property protection through the installation of fire
protection systems in structures when appropriate.
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4. Strengthen the City’s ability to prohibit the use and sale of fireworks and allow
counties and fire districts to prohibit and otherwise control fireworks.
5. Promote fire safety, education and prevention with the goal of reducing injury,
loss of life and property damage.
6. Allow local jurisdictions to implement open burning restrictions.
HAZARDOUS MATERIALS MANAGEMENT
It is an important concern of the City to safeguard Fort Collins’ health and environmental
safety by reducing risks from the unauthorized release of hazardous materials or
hazardous waste.
Therefore, the City supports the following policy statements:
1. Allow the City to continue controlling risks from hazardous materials use, storage
and transportation through the International Building and Fire Code and related
local amendments.
2. Allow Fort Collins to adopt local regulations for hazardous materials, including
review and approval of the location of facilities that use or store hazardous
materials or hazardous waste.
3. Strengthen the enforcement of hazardous materials regulations.
4. Strengthen the diversion of hazardous waste from landfills.
5. Establish greater flexibility and more options for local government in the
management of publicly-owned areas thought to have asbestos containing soils
while maintaining responsible site management practices.
6. Prevent and penalize improper storage and disposal of hazardous or exploration
and production (E&P) wastes from oil and gas operations within municipal
boundaries.
7. Preserve community safety by ensuring emergency responders have all available
information needed to effectively address disasters and maintain public well-
being.
8. Ensure hazardous materials are not stored or used within the 100-year floodplain.
MARIJUANA
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In 2012, Colorado voters approved Amendment 64 which legalizes the possession of
adult-use or recreational marijuana in the state. During the same election Fort Collins
residents voted to approve the use of medical marijuana within the City. Federal law
maintains that marijuana is a schedule 1 drug and, as such, can neither be possessed and
used nor researched.
Therefore, the City supports the following policy statements:
1. Regulate medical and retail marijuana manufacture, distribution and dispensaries.
2. Clarify the implementation and local rights and responsibilities related to
Amendment 64.
3. Clarify and align federal marijuana law with the Colorado Constitution.
4. Protect communities’ ability to raise necessary funds to maintain public safety
and enforce marijuana possession laws.
5. Prevent under-21 access to marijuana.
6. Clarify the rights of individuals, landlords and homeowner associations in
limiting or preventing growing or consuming marijuana in multi-family
dwellings.
7. Provide additional state marijuana enforcement resources, especially for field
enforcement.
8. Limit THC content per serving size and restrict packaging to a single serving.
PUBLIC SAFETY
The Fort Collins City Council recognizes the critical importance of maintaining public order,
providing a safe environment, and protecting the lives and property of the citizens of Fort
Collins.
Therefore, the City supports the following policy statements:
1. Develop treatment and intervention programs, especially for youth, which have
the potential to reduce incidents of violence in the community.
2. Provide greater protection to victims of crime.
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3. Maintain or enhance the City’s right to use camera enforcement of traffic laws,
reduces operational restrictions on the use of camera enforcement, and increases
the fines associated with violations.
4. Establish protocols and funding for shared, statewide emergency response
communications.
5. Reject initiatives that have the potential to compromise officer safety.
6. Establish minimum training criteria and professional mediator certification that
formally legitimizes the field of Alternative Dispute Resolution (ADR).
7. Regulate the use of cell phones by a motorist while operating a vehicle.
8. Preserve or increase funding for treatment of mental illness and substance abuse
disorders.
9. Maintain or enhance a statewide database of concealed weapons permits.
10. Seek to reduce community flood risks.
11. Reduce cities’ liability for prisoners’ self-inflicted wounds while in police custody
or detention facility.
12. Restrict access to illegal substances.
13. Require greater producer responsibility such as “take back” for prescription drugs
to avoid these substances being abused or being disposed of into the water supply.
14. Clarify the qualifications for what types and purposes a business may obtain and
use a state liquor license.
15. Define what qualifies as a “meal” when calculating the percentage of meals
served for a liquor license.
16. Increasing state, regional and local disaster resilience.
17. Promote efforts to reduce conflict between community members and law
enforcement.
18. Encourage the voluntary use of body-worn camera technology on officers and
development of community-specific standards for retention and storage of data
gathered from camera use.
19. Develop grant programs for police department use to fund the purchase, training
and deployment of body-worn cameras and the retention of footage.
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16.20. Ensure law enforcement has the tools necessary to address “rolling coal”.
Transportation
Strategic Outcome
Provide for safe & reliable multi-modal travel to, from, and throughout the city
Strategic Objectives
1. Improve safety of all modes of travel.
2. Improve transit availability and grow ridership through extended hours, improved
headways, and Sunday service in appropriate activity centers.
3. Fill the gaps for all modes of travel and improve the current transportation
infrastructure while enhancing the aesthetic environment.
4. Improve traffic flow for all modes of transporting people, goods and information
to benefit both individuals and the business community.
5. Create and implement long-term transportation planning and help local and
regional transportation networks operate at a high level of efficiency, including
the airport.
6. Support efforts to achieve climate action goals by reducing mobile emissions and
supporting multiple modes of transportation.
7. Create and implement planning, engineering and financial strategies to address
adequate infrastructure within the northeast area of Fort Collins.
TRANSPORTATION
The City actively promotes the safety and ease of traveling to, from and throughout the
community using a variety of modes of transportation. Additionally, the City’s policy is
to encourage the use of alternative transportation whenever appropriate.
Therefore, the City supports the following policies:
1. Facilitate cooperative programs among government agencies in order to help the
City meet its basic transportation needs, including transit, street, highway, road and
bridge construction and maintenance, and safe corridors for bicyclists and
pedestrians.
2. Reject reductions to the present allocation formula of 60% state, 22% counties, and
18% municipalities for Highway User Tax Fund (HUTF) or any appropriations
from the State using the same formula.
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3. Explore and analyze alternative methods of funding transportation infrastructure
needs.
4. Fund analysis and implementation of inter- and intra-regional transit linkages,
including future commuter rail connectivity.
5. Facilitate regional planning for various modes of transportation with the goal of
providing practical solutions to reduce reliance on single occupant vehicles.
6. Encourage flexibility in federal funding and regulations in order to better meet the
needs of small to medium size communities.
7. Encourage or incent location of affordable housing near transit for greatest
accessibility
8. Preserve the 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.
9. Broaden the definition of the gasoline tax to a “fuel tax” that encompasses other
fuel options as they become more prevalent.
10. Increase local governments’ ability to prevent railroad trains from blocking street
and highway grade crossings for unreasonable periods.
10.11. Foster dialogue between railroad operators and communities aimed at
solutions to rail proximity issues.
11.12. Facilitate the implementation of railroad quiet zones in municipalities and
reduce train horn decibel and duration requirements in existing federal rule.
12.13. Reject divesting key highway roads in urban areas from the State and
make them the sole responsibility of local jurisdictions.
14. Maintain safe operation of railroads through timely track inspections, joint training
and communication between railroad and emergency personnel and the use of safe
equipment.
15. Develop financing programs for Interstate 25 improvements.
16. Explore solutions to improve bicycle safety and fund implementation projects in
communities.
17. Clarify federal and state regulations in order to preserve local governments’ ability
to utilize unmanned aerial vehicles for service-related purposes.
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CITY OF FORT COLLINS LEGISLATIVE CONTACTS
Legislative Review Committee
Name District/Title Email
Councilmember Wade
TroxellGino Campana
District 43 wtroxellgcampana@fcgov.
com
Councilmember Ross Cunniff District 5 rcunniff@fcgov.com
Councilmember Ray Martinez District 5District 2 rcunniff@fcgov.comraymar
tinez@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
Beth Sowder Interim Social
Sustainability
Director
bsowder@fcgov.combso
wder@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
Mike CalhoonJ.R.
Schnelzer
Director of Parks jrschnelzermcalhoon@f
cgov.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 Assistant Human jamiller@fcgov.com
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Resources Director
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 Laurie
KadrichTom
Leeson
Interim
Community
Development and
Neighborhood
Services Director
lkadrichtleeson@fcgov.
com
Public Safety Cory Christensen Deputy Chief cchristensen@fcgov.co
m
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
Carol Webb Interim Water
Resource and
Treatment
Operations
Manager
cwebb@fcgov.com