HomeMy WebLinkAboutAgenda - Full - Legislative Review Committee - 10/15/2019 -
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Legislative Review Committee Agenda
October 15, 2019
4:00-5:00
Council Information Center, City Hall, 300 LaPorte Ave., Building A
1. Approval of minutes from September 24, 2019 Meeting
Attached: September 24, 2019 Minutes
2. Legislative Policy Agenda – discussion of edits, new items, and any additional
requests or changes needed.
Attached: Initial draft – 2020 LPA
3. Washington, D.C. Lobbying Trip – clarification of any meeting topics, speaking
points
4. Other Business
LRC Committee Minutes Date: September 24, 2019 Time: 4:00 – 5:00 pm Location: Commons Conference Room Councilmembers Present: Ross Cunniff, Susan Gutowsky, Ken Summers Staff Present: Jeff Mihelich, Carrie Daggett, Ginny Sawyer, Tyler Marr, Lindsay Ex, Honore Depew, Sierra Anderson Colorado Communities for Climate Action (CC4CA) Consideration of Adoptions of the 2019-2020 CC4CA Policy Agenda
• Cunniff – Asked if staff is asking for adoption from LRC or for Council
• Ex – Stated staff typically brings policy agenda to LRC first then moves forward with an alignment process
• Ex – Explained certain areas require some scrutiny and are highlighted because they may require minor changes (yellow). Stated that social cost of carbon is an example of an item that may need additional discussion around if it should be extended beyond investor owned utilities. Also referenced retail energy choice in noting that it could be construed to conflict with the concept of municipally-owned utilities.
• Cunniff – Readdressed the question if CC4CA adoption should go through LRC or Council
• Ex – Stated in the past LRC makes a motion to approve the CC4CA policy agenda
• Daggett – Suggested if LRC agrees with staff’s interpretation of CC4CA and its alignment with the overall policy agenda, the Committee can motion for support in today’s meeting
• Cuniff – Motioned that LRC find that staff’s interpretation of CC4CA’s policy agenda is consistent with the 2019 policy agenda. Further stated that LRC supports the CC4CA policy agenda.
• Gutowsky – Seconded the motion and the motion was approved Legislative Policy Agenda Discussion of fall calendar and preferred dates for LRC discussion and Council adoption
• Marr – Explained that the policy will be sent to staff shortly. Also stated that after revisions are made, LRC staff will request for feedback from the LRC
• Marr – Stated staff heard three main policy focus areas from LRC and Council in the past for inclusion this year: mass shootings, Medicare for all, and immigration.
• Cunniff – Advocated for immigration title and description to be changed to civil rights at the border
• Sawyer – Asked what LRC would want that policy statement to address and cover?
• Summers – Expressed the importance of making sure Council and LRC comes to an understanding of what they are looking to achieve from policy statements. Questioned what value can be gained from stating opinions in all of these spaces. Advocated for a legislative specific agenda. Expressed interest in pursing bills that would address specific issues like e-cigarettes
• Cunniff – Clarified that Summers was asking for a short list of legislation that LRC and Council can support
• Summers – Suggested focusing on the pressing issues that impact Fort Collins. Questioned what these issues are
• Cunniff – Advocated for keeping an overall policy approach and for a straightforward policy document on specific areas that aren’t covered in the legislative policy agenda. Also supported the idea of creating a short list of Council supported, policy items for the state legislature to move forward on
• Sawyer – Stated that in prior years, staff would rely on CML and would bring back highlights after attending. Explained the City policy agenda would typically align with the bills presented at CML. Stated that the policy makers would appreciate more direction and the short list approach from Fort Collins
• Summers – Stated e-cigarettes are becoming a hot topic item and believes there will be additional legislation on the topic in the future. Referenced supporting a bill that regulated e-cigarettes like tobacco products. Also referenced the health impacts of nicotine vs tobacco, the addictive nature of nicotine, and the connection between flavored e-cigarettes and flavored marijuana use
• Sawyer – Referenced tobacco compliance laws that could be connected to nicotine/vaping products
• Cunniff – Wondered if it’d be best for Council to have a brainstorming session and be provided with ideas from staff on areas that Council and LRC can pursue further
• Summers – Stated that as Council and the City meet with state legislatures, hearing what they see on the horizon will also help to inform the short list moving forward
• Sawyer – Asked about LRC’s thoughts on the Red Flag law and its place on the list
• Cunniff – Stated that LRC was asked to establish action to address mass shootings and utilized the Red Flag law as a reference. Asked what other statements and work can be done in this space (magazine sizes, limits, etc.)
• Summers – Voiced consideration for revisiting past legislation and legislation attempts in this space
• Cunniff – Stated a statement from LRC and Council could be helpful in this space
• Mihelich – Asked if LRC would like staff/police to come back with suggestions
• Cunniff – Expresses interest in knowing more about the causes of gun violence in the US
• Sawyer – Asked if LRC would like staff to move forward with supporting legislation that supports this
• Cunniff – Requested that staff come up with policy language, not a bill, on gun restrictions
• Cunniff – Brought up concerns around border politics and the approach LRC and Council should take here
• Marr – Asked LRC on their thoughts of looking at the border politics at the state vs the federal policy agenda level
• Summers – Supported taking the federal level approach
• Cunniff – Stated a majority of Council would support E-verify to promote its consistent use
• Daggett – Stated the current version of the immigration resolution is undergoing edits. Stated the points and changes discussed will be made before the resolution goes to print and the translation is finalized
• Cunniff – Prosed conversation around a Medicare for all legislative policy. Asked for staff to come up with a few options to provide back to LRC.
• Summers – Stated interest in gaining better an understanding of what Medicare for all means. Also advocated against making blanket statements in this space
• Cunniff – Referenced some policy options where Medicare for all will lower employer co-pays to nearly zero
• Summers – Questioned if there’s a way to address health care without addressing the employer connection? Referenced individuals who have health challenges but don’t work for a benefit-providing employer. Requested proposals that address these challenges
• Cunniff – Requested data on how Medicare for all would impact the city, organizations, and the ways it will expand the pool of people who can be covered
• Summers – Suggested taking a healthcare reform approach by creating a policy statement that addresses the problems in health care (costs, availability, etc.)
• Cunniff – Stated a healthcare reform approach would have to be as expansive as a Medicare for all approach
• Marr – Stated that staff will come up with suggested language with this guidance
• Mihelich – Stated staff will give a range of options (some broad, some narrow)
• Cunniff – Requested a Medicare for all proposal that covers universal coverage, health coverage affordability, a large pool of insured, and a large negotiating position in terms of health care cost. Asked that staff tease those items out into specific policy objectives. Further stated interest in job portability, negotiating power, and Council’s overall desire to look at Medicare for all options.
• Summers – Stated that if council said to pursue Medicare for all, then LRC needs to be clearer on what it’s looking for
• Cunniff – Asked about other policy agenda items
• Sawyer – Stated staff’s plan to send the policy agenda back to rest of staff to make sure everything is in line. Also stated plans to bring back policy on gun violence, health care, vaping, URA, and metro districts for LRC to review
• Cunniff – Advocated for staff to look at the Council priorities and make sure that legislative work is being brought to LRC supporting these priorities
• Mihelich – Agreed and stated that staff will take another scan over Council priorities to make sure legislative opportunities are brought to LRC
• Cunniff – Proposed following up on any potential policies focused on 5G small cell federal to reduce clutter and addressing siting
• Mihelich – Stated that in the plastics space it’ll be challenging for the City of Fort Collins to have a restrictive policy if the neighboring cities and communities don’t. Suggested that this should be a state action.
• Cunniff – Advocated that hard to recycle items don’t get into the stream because they can’t be recycled
• Gutowsky – Stated hearing from an advocacy group on banning plastic bags
• Cunniff – Agreed with Susan and stated plastic bag regulations aligns with Council priorities. Stated interest in getting more specific on ways to reduce the use of single-use plastics
• Depew – Explained the current efforts to remove the statute allowing manufactures to use single use packings
• Marr – Suggested upcoming meeting dates
o Oct. 15
o Nov. 5
• Cunniff – Stated that in December LRC will have a better understanding of how often the group should meet during the legislative session
• Sawyer – Asked for LRC to provide any suggestions they may have Breakfast with State Legislator:
• October 11th from 7am - 8:30am
• Sawyer – Questioned what changes LRC would like to see based on the policy agenda
• Cunniff – Expressed wanting to keep the conversation to focus on a broad overview of what legislators are looking to do moving forward
• Sawyer – Suggested that it could be beneficial for Council to lead with what they’re looking for and driving the conversation
• Cunniff – Expressed support for Council driving the meeting and letting the legislators know what Fort Collins is looking for
• Sawyer – Questioned if LRC would like to call out the pressure put on the Municipal Judge with past legislation
• Daggett – Stated it would be worth talking to the Judge and seeing what areas are of the most concern to her, indicated she would follow up with Judge Lane
• Sawyer – Stated plumber and electrician bills are highly problematic and that it could be helpful to call out to them. Also stated that CML is having upcoming meetings regarding plumber and electrician bills
• Daggett – Stated plans to talk to the Judge to determine defensive priorities and the burden put on the Municipal Judge Washington, D.C. Lobbying Trip – Planned Meetings
• Marr – Shared list of proposed visits and more information will be coming out to Council
• Cunniff – Proposed looking at strictly at legislative options for the train horn noise, and to make sure train length was included in our discussion this time
• Marr – Stated that the new waiver approach should be substantially complete and will determine a lot going forward in terms of dealings with FRA.
2020
City of Fort Collins
Legislative Policy Agenda
ADOPTED DECEMBER
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TABLE OF CONTENTS
Table of Contents ............................................................................... 2
Home Rule and Local Control ................................................................. 6
Affordable Housing .............................................................................. 6
Air Quality ........................................................................................ 7
Beer and Liquor ................................................................................. 8
Broadband and Cable ........................................................................... 8
Climate ........................................................................................... 9
Development Review and Land Use Planning ............................................... 9
Elections ........................................................................................ 10
Energy .......................................................................................... 10
Finance ......................................................................................... 11
Hazardous Materials Management .......................................................... 12
Human Resources ............................................................................. 12
Marijuana ....................................................................................... 13
Municipal Court ................................................................................ 14
Oil and Gas ..................................................................................... 14
Open Records and Data Management ...................................................... 15
Parks and Natural Areas ...................................................................... 16
Public Health .................................................................................. 16
Public Safety ................................................................................... 17
Recycling and Solid Waste Reduction ...................................................... 19
Risk Management and Liability .............................................................. 20
Transportation ................................................................................. 20
Urban Renewal and Downtown Development ............................................. 21
Water, Wastewater, and Stormwater ...................................................... 22
City of Fort Collins Legislative Contacts ................................................... 23
INTRODUCTION
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Fort Collins is a community of 170,100 residents. Incorporated in 1873, the City
has grown to become the commercial, educational and cultural hub of Northern
Colorado. The City adopted a home rule charter in 1954 and operates under a
Council-Manager form of government.
The City is a data-driven municipal organization that strives to fulfill its mission,
“Exceptional service for an exceptional community”, through a vision of providing
world-class municipal services through operational excellence and a culture of
innovation. City leaders seek innovative solutions to issues facing the community
and are often willing to leverage emerging technologies.
The Fort Collins City Council annually adopts a Policy Agenda ahead of the
upcoming Colorado general Assembly session for the purpose of guiding legislators
and staff in supporting community goals.
The Policy Agenda is broad set of policy statements meant to convey positions on
issues that affect the quality of life and the governance of our community. It is
structured to address areas of local concern and to also reflect the strategic
planning that guides City of Fort Collins organizational resource allocation and
decision making.
Fort Collins welcomes opportunities to work in partnership to leverage additional
resources and participate in regional dialogue to achieve shared outcomes.
The City has identified seven outcome areas to ensure appropriate and effective
resource allocation supporting the community’s priorities. Outcome areas include
Culture and Recreation; Economic Health; Environmental Health; High Performing
Government; Neighborhood Livability and Social Health; Safe Community; and
Transportation and Mobility. The Policy Agenda identifies this alignment as it is
important for City staff to ensure that advocacy supports specific desired
outcomes.
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CITY OF FORT COLLINS
LEGISLATIVE REVIEW COMMITTEE
The Legislative Review Committee (LRC) is a representative group of Council
members that reviews and reacts to proposed legislation on behalf of City Council
and the City. In taking a position on bills, the LRC interprets and applies the
various policies that are included in the Legislative Policy Agenda.
Council Members presently serving on the Legislative Review Committee are:
• Councilmember Ross Cunniff, Chair
• Councilmember Ken Summers
• Councilmember Susan Gutowsky
LEGISLATIVE REVIEW PROCESS
In 2020, the City of Fort Collins will rely heavily on the Legislative Policy Agenda,
the Colorado Municipal League, and the Colorado Communities for Climate Action
organizations for the majority of bill tracking and identification.
The City currently maintains memberships with the Colorado Municipal League and
Colorado Communities for Climate Action – both groups maintain a fulltime
presence at the capitol and engage in bill identification and advocacy consistent
with their own adopted policy agendas. The City influences both groups’ policy
agendas, and while not perfectly consistent with our own, both generally advance
and protect the City’s interests.
Bills introduced in the Colorado General Assembly, United States Congress and
federal, state or county regulations or rulemakings are reviewed by City staff. Bills,
regulations and rules that are identified as having a potential impact on the City will
be brought to the LRC for discussion. If LRC adopts a position, staff will convey that
information to the appropriate state or federal representative and advocate for the
adopted position.
Due to the time-sensitive nature of the General Assembly, if a bill’s subject matter is
explicitly addressed in this Policy Agenda, staff will proactively work with state and
federal representatives to advance the City’s position as expressed in this legislative
policy agenda and other Council-adopted plans and policies. Staff will provide regular
updates to the LRC and the full City Council regarding bills of consequence to the City
and will consult with the LRC regarding bills for which direction under the adopted
policy is unclear.
Staff liaisons support the LRC by contributing expertise in various areas of municipal
service. The City Attorney’s Office also reviews selected bills and may provide
confidential legal analysis. Fort Collins also works with community partners to support
local projects and staff collaborates with representatives of other municipalities on
mutually-held priorities. Fort Collins actively seeks innovative partnerships to leverage
positive outcomes for residents.
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
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maintains membership with Colorado Association of Municipal Utilities (CAMU)
which represents 29 municipal utilities throughout the state on utility issues,
Colorado Communities for Climate Action (CC4CA) which represents municipalities
on climate issues. In addition, Fort Collins actively participates in various trade
organizations which represent specific areas of interest to City operations.
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2019 2020 LEGISLATIVE POLICY STATEMENTS
HOME RULE AND LOCAL CONTROL
In order to consider and manage local conditions and desires, community issues and
needs should be addressed locally. For this reason, home rule authority is of utmost
importance to the City of Fort Collins. The City must be free to regulate local
activities that primarily impact the area within the City's boundaries, such as the
speed of local traffic or the effects of particular land use developments. The City
also understands the accumulative effect of these and other activities have statewide
ramifications that may call for statewide regulation, to effectively manage such
things as overall growth and development in the state, traffic congestion in major
transportation corridors and environmental quality.
Therefore, the City:
1. Supports strengthening and preserving home rule authority of municipal
governments.
2. Opposes State or Federal intervention in matters of local concern or matters that
unnecessarily or adversely affect the City’s ability to manage and operate
pursuant to its home rule authority.
3. Opposes changes that increase (and support changes that lessen) the burdens on
municipalities associated with public or other government records, establishment
of ethics standards and procedures, operation of municipal courts, and other
matters of municipal operations or authority.
4. Supports enabling cities to choose the provision of services through private
enterprise in a manner that fosters cost effective, sustainable, quality services.
5. Supports local control of the awarding of contracts and the accountability of local
officials for those actions.
6. Opposes mandates that increase the complexity and cost of services without
improving those services.
7. Supports collaborative regional efforts for the benefit of participating
communities.
AFFORDABLE HOUSING
NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH
The City recognizes that the affordability and availability of quality housing is critical
to a vibrant and diverse community.
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Therefore, the City:
1. Supports maintaining or enhancing current levels of funding for affordable housing
throughout Colorado, including expanding the State Low Income Housing Tax
Credit program, but not increases to unrelated fees.
2. Supports increasing local government’s ability to regulate, manage or generate
alternative sources of funding for affordable housing, including public-private
partnerships.
3. Supports stronger amendments to construction defect laws to promote the
construction of owner occupied-attached housing.
4. Supports creating an adequate supply of housing for all income levels and
continued public and private sector support for these efforts.
4.
5. Supports exploring expansion of Mobile Home Act to address rent pad
stabilization and opportunities for resident or mission-based affordable housing
providers to purchase parks when offered for sale.
5.6.Supports consideration of allowing Inclusionary Housing Ordinances to regulate
rental housing.
AIR QUALITY
ENVIRONMENTAL HEALTH
The City’s Air Quality Plan establishes a strong overall goal to “continually improve
Fort Collins air quality.”
Therefore, the City:
1. Supports programs and policies that improve public health and air quality and
support rapid attainment of National Ambient Air Quality Standards, including
ozone.
2. Supports local government authority to improve air quality beyond minimum State
or Federal requirements.
3. Supports adequate authority and resource at all levels of government to enforce
air quality regulations.
4. Supports economic incentives, disincentives and other market approaches that
promote lower emissions, and fewer alternatives to carbon-based fuels.
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5. Supports strengthening standards for tailpipe emissions, aggregate vehicle
emission s and/or fuel economy standards for all vehicles. Supports programs and
policies that promote the use of electric vehicles and the development of
infrastructure needed to support the use of those vehicles.
BEER AND LIQUOR
SAFE COMMUNITY
The City issues and renews liquor licenses, enforces license rules, and holds hearings
for liquor license violations.
Therefore, the City:
1. Supports clarifying the qualifications for what types and purposes a business may
obtain and use a state liquor license.
2. Supports definition of a “meal” when calculating the percentage of meals served
for a liquor license.
BROADBAND AND CABLE
ECONOMIC HEALTH
Reliable, high-speed, and affordable access to broadband and cable programming
throughout the community remains a priority and a long-term goal for the City to
ensure our economic vitality and allow for equal access for all residents and
businesses.
Therefore, the City:
1. Supports maintaining local franchising authority to preserve local governments’
ability to negotiate in the public interest for cable channel space, institutional
networks and public education and government programming.
2. Supports allowing communities to offer and/or partner to offer high speed
internet, Wi-Fi and other enhanced telecommunication services to residents,
schools, academic institutions and businesses.
3. Opposes restrictions on providing telecommunication services within City-owned
facilities and on City property, and related restrictions on the manner in which
such services may be financed, funded or structured.
4. Opposes infringement on municipalities’ ability to compete in the broadband
marketplace.
Commented [RK1]: Not sure what they are looking for. “Meal”
is defined in the liquor code, and the percentage comes in in this
way:
“meals are actually and regularly served and provide not less than
twenty-five percent of the gross income from sales of food and drink
of the business of the licensed premises over any period of time of at
least one year”
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5. Opposes right of way use contrary to existing aesthetic policies and practices,
including the addition of any above ground cabling.
5.6. Supports changes to open meetings law that would treat executive sessions of
broadband utilities
CLIMATE
ENVIRONMENTAL HEALTH
Making communities more resilient to disaster and the effects of a changing climate
has become more important to Colorado communities over the last several years as
natural disasters have caused significant human and property loss. Fort Collins has
adopted aggressive emission reduction goals and supports policies and legislation
helping communities and the state to achieve these goals and enhance the
environment as detailed in the Climate Action Plan.
Therefore, the City:
1. Supports greenhouse gas (GHG) emission reduction targets, planning, and
implementation at all levels of government.
2. Supports market-based mechanisms to reduce emissions, including incentives,
enabling legislation, and other mechanisms to achieve emissions reductions and
increase resiliency in energy, waste reduction, transportation, and water sectors.
3. Supports protection of the Colorado self-audit law.
4. Supports reducing the emission of criteria pollutants.
4.5. Supports prioritizing policies that put people at the center of decision-making,
do not exacerbate or create disparities in growing the green economy, and
enhance equitable outcomes for all.
DEVELOPMENT REVIEW AND LAND USE PLANNING
ECONOMIC HEALTH, NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH
Fort Collins has a well-established development review process, land use and building
code; all of which align with local priorities.
Therefore, the City:
1. Supports financial compensation for additional work of inspectors through fees or
other means.
Commented [LE2]: @Cassie Archuleta@Lucinda Smith – do
we still want to include this? Does the AQ section already get at
this?
Commented [LE3]: This is from the CC4CA policy principles
and aligns with the Council priority for Equity and Inclusion.
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2. Supports funding for any state mandated inspection requirements.
3. Supports local governments’ authority to determine development review and
inspection timelines.
4. Encourages regional cooperation in land use, transportation planning, and
fostering sustainable development.
5. Supports prohibition to 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.
6. Supports municipal discretion concerning the imposition of development fees and
requirements.
ELECTIONS
HIGH PERFORMING GOVERNMENT
The City of Fort Collins conducts municipal elections in April of odd years and special
elections upon initiative referralsas required by the citizen (or Council) initiative
process. The City is committed to conducting a clear, legal, and trustworthy elections
process.
Therefore, the City:
1. Supports all efforts that assist the City in conducting fair and transparent election
processes according to the City’s adopted procedures.
2. Supports process improvements that encourage voter participation.
2. Supports mechanisms to increase cyber security around election data and the
election processes, and any decrease in election tampering.
ENERGY
ECONOMIC HEALTH, ENVIRONMENTAL HEALTH
As a municipally-owned electric utility, the City is committed to providing affordable,
reliable, and clean energy services to residents and businesses, as detailed in the
Energy Policy.
Therefore, the City:
Commented [RK4]: “initiative referrals” is awkward
terminology and not very descriptive.
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1. Supports efforts that promote energy affordability, safety, and reductions in fossil-
fuel generated consumption for residents, businesses and institutions.
2. Supports reductions in environmental damage caused by energy extraction and
production.
3. Supports opportunities for energy efficiency, production, and operation in local
economies.
4. Opposes barriers to coordinating integrated planning for energy supply and
demands.
5. Supports state and federal funding for resilience efforts to mitigate potential
energy and climate related disruptions.
6. Supports federal and state incentives for renewable energy production, including
wind power, and provide for “State Implementation Plan” credits for renewable
energy (excluding residential wood burning and corn-based ethanol) and energy
efficiency.
7. Opposes attempts to prevent or inhibit provision of municipal electric service in
newly annexed areas.
8. Supports smart grid technology adoption and grid modernization.
9. Supports minimizing the environmental impacts of all forms of energy.
FINANCE
HIGH PERFORMING GOVERNMENT
Strong fiscal planning, prudent debt management and investment policies, and
preservation of the City’s revenue base are vital in maintaining and improving the
City’s financial health. Considering the known impacts of legislation on the City’s
business community can help foster a stronger tax base and retain a strong quality of
life.
Therefore, the City:
1. Supports expanding municipal authority to establish alternative funding
mechanisms, including financing tools such as public improvement fees (PIF) and
certificates of participation (COP).
2. Supports increased funding for K-12 and higher education, specifically Colorado
State University and Front Range Community College.
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3. Encourages the equitable treatment of sales and use taxes to residents and
corporations residing or doing business in Colorado by limiting exemptions.
4. Supports the equitable distribution sales tax collections on e-commerce
transactions.
5. Opposes efforts that inhibit the City’s ability to increase its revenue base (sales,
use and property taxes).
6. Supports protections that do not unnecessarily restrict the investments of
government entities.
HAZARDOUS MATERIALS MANAGEMENT
SAFE COMMUNITY; ENVIRONMENTAL HEALTH
It is an important concern of the City to safeguard Fort Collins’ health and
environmental safety by reducing risks from the unauthorized release of hazardous
materials or hazardous waste.
Therefore, the City:
1. Supports strengthening the enforcement of hazardous materials regulations.
2. Supports increasing diversion of hazardous waste from landfills.
3. Supports 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.
4.3. Support City’s ability to review and approve locations of facilities that use or
store hazardous materials or hazardous waste.
HUMAN RESOURCES
HIGH PERFORMING GOVERNMENT
The City of Fort Collins is committed to the health, safety and well-being of its
employees. The City works diligently to be efficient and responsible stewards of tax
dollars ensuring that employee compensation and benefits are fair, market-based,
and competitive. 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, appeal rights related to disciplinary action and
policies.
Commented [MZ5]: suggest this because the asbestos in soils
rule has long-since been finalized and there really isn’t much more
to say about it. The new rule did provide some flexibility in the
requirements, which we have actually utilized in practice over at
Northside and Discovery Museum sites. The language is just out-of-
date at this point.
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Therefore, the City:
1. Supports the City’s ability to make decisions on employment issues, including
collective bargaining, arbitration, compensation, appeal rights related to
disciplinary action and benefits to further an equitable work environment.
2. Supports the development and expansion to the City’s ability to determine how
best to manage employee health and benefit programs, welfare and wellness
services for employees.
3. Supports current state funding levels for police officers and dispatchers death and
disability benefits made available by Fire & Police Pension Association of Colorado.
4. Opposes proposals that would allow employees and/or retirees with defined
contribution or deferred plans to move into defined benefit plans if there is a cost
to local government.
5. Opposes proposals that would limit the City’s ability to test job applicants or
employees at work for impairment due to consumption of alcohol, marijuana, or
other controlled substances or to set limits related to such testing.
IMMIGRATION AND NATIONAL BORDER CONDITIONS
NEIGHBORHOOD LIVABILITY & SOCIAL HEALTH; SAFE COMMUNITY; HIGH PERFORMING
GOVERNMENT
The City recognizes that federal issues pertaining to civil rights at the United States’
borders and immigration law more broadly have wide impacts that can directly impact
the day to day life of Fort Collins residents. It can also impact those residents
willingness and comfort with engaging with local public safety agencies and other key
service providers.
Therefore, the City:
1. Supports the humane treatment of persons who are detained by Immigration
Officials and the rapid resolution of legal proceedings to determine their
status.
2. Supports a sustainable pathway to immigration into the United States.
1.3. Supports regulations and laws that increase or mandate the use of E-
verify by employers.
MARIJUANA
SAFE COMMUNITY
After the State’s legalization of medical and recreational marijuana, the City of Fort
Collins created local marijuana business licensing programs and adopted ordinances to
balance the needs and desires of the community related to legal marijuana.
The City’s licensing program supports the state dual-licensing system for medical and
recreational marijuana businesses.
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Therefore, the City:
1. Supports communities’ ability to raise necessary funds to maintain public safety and
enforce marijuana possession laws.
2. Supports additional state marijuana enforcement resources, especially for field
enforcement.
3. Opposes under-21 access to marijuana.
4. Supports local opt-in provisions regarding new permits and/or licenses.
5. Supports re-scheduling of marijuana at the federal level to help address safety
through research and legal banking, and to reduce conflict between Colorado and
federal laws.
MUNICIPAL COURT
SAFE COMMUNITY; HIGH PERFORMING GOVERNMENT
The Fort Collins Municipal Court is responsible for administering the operations of the
judicial branch of City government according to the City Charter and ordinances
adopted by City Council. Cases adjudicated in Municipal Court include traffic
violations, misdemeanors, civil infractions, and civil cases. Generally, cases are
brought to Municipal Court by Fort Collins Police Services, Colorado State University
Police Department, Animal Control, other City departments, and private citizens.
Therefore, the City:
1. Opposes limitations on the authority of municipalities to enforce their own
ordinances in municipal courts and increased procedural requirements or
limitations on municipal court proceedings, such as limitations on bonding
requirements related to municipal court warrants and sentencing options.
2. Opposes the imposition of state surcharges on municipal court fines for the
purpose of funding state programs.
3. Opposes any unfunded mandates imposed on municipal courts by the state.
OIL AND GAS
ENVIRONMENTAL HEALTH
Oil and gas extraction activity and associated health and environmental impacts are a
concern for Fort Collins. Fort Collins residents have expressed continuing concern
about the human and environmental health impacts from oil and gas operations,
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
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order to study its property value and human health impacts but this was overturned
by the State Supreme Court in 2016. Additionally, transported emissions from oil and
gas operations outside of City limits have been demonstrated to contribute to ozone
formation.
Therefore, the City:
1. Supports greater local authority to regulate oil and gas exploration
activitiesoperations as granted in 2019 through Senate Bill 19-181 within municipal
boundaries, including the ability to regulate location, siting and other surface
impactsinspect sites, ensure operator compliance, and regulate location of
extraction, storage and transmission activities.
2. Supports state, federal, and academic studies evaluating impacts of oil and gas
operations on human health and property values.
3. Supports air pollution monitoring, emission characterization and modeling studies
to better understand the contributions of the oil and gas industry to air pollution.
4. Supports the current formula allocation of State Sseverance Ttax and Federal
Mineral Lease (FML) revenue to impacted jurisdictions so that they might address
impacts from resource extraction.
5. Supports industry information sharing and collaboration with operators and local
governments on the planned development of resources within the communities’
City’s Growth Management Areas and for City owned properties such as open
spaces outside of City limits.
6. Supports legislation that balances the rights of surface landowners and mineral
rights owners, while protecting public health, safety and the environment..
OPEN RECORDS AND DATA MANAGEMENT
HIGH PERFORMING GOVERNMENT
The City is the collector and keeper of hundreds of datasets and recorded information and
is legally bound and responsible for responding to Open Record requests. The City supports
transparency and open data initiatives.
Therefore, the City:
1. Supports clear requirements that allow for reasonable requests and timeframes to
provide information that is legally available.
Commented [CA6]: Enough has happened since, that it doesn’t
seem worth calling out these events.
16
2. Opposes mandates that include unrealistic timeframes and requests that require
additional staff time with no means to recover costs.
3. Supports cybersecurity efforts that protect the City, consumers, and infrastructure.
PARKS AND NATURAL AREAS
ENVIRONMENTAL HEALTH; CULTURE AND RECREATION
The City is committed to providing the community with excellent natural areas, parks and
recreation services and facilities. Our citizens enjoy a better quality of life, improved
health, less crime and a greater sense of community because of our quality natural areas,
parks and recreation programs.
Therefore, the City:
1. Supports maintaining or enhancing funding for parks, trails, forestry, horticulture,
natural areas, and recreation services and facilities.
2. Supports local discretion to use Great Outdoors Colorado and other sources for funding
municipal government projects addressing local needs and priorities.
3. Supports equal or greater funding levels of Great Outdoors Colorado grants awarded to
municipalities
4. Supports maintaining or enhancing tax incentives to private landowners for
voluntary land conservation.
5. Supports protection of the Cache la Poudre River and local urban streams.
PUBLIC HEALTH
SAFE COMMUNITY; NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH
The City of Fort Collins strives to be a healthy, livable City that is a welcoming and
inclusive community for all, including residents who may be experiencing the
challenges of homelessness, mental health issues, addiction, depression, and other
challenging life situations. The City also supports primary prevention strategies to
reduce the injuries and deaths associated with gun violence.
Therefore, the City:
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1. Supports maintaining or increasing the funds available through the state and
federal government for community-focused non-profits to provide human services
and housing support.
2. Supports providing communities with resources to address chronic homelessness,
supportive housing, mental health, and substance abuse, including tobacco
prevention programs.
3. Supports a standardized statewide approach to addressing homelessness.
4. Supports statewide efforts to enforce retail tobacco sales compliance.
5. Supports legislation or regulatory efforts that restrict and better ensure the
prevention of firearm purchases of those individuals convicted of a violent
criminal offense and those who have been involuntarily committed to a mental
institution or are otherwise suffering from a severe mental condition.
6. Supports public health research and necessary funding related to the root
causes and effects of gun violence to better inform prevention strategies.
7. Supports legislation that greatly reduces or eliminates the incidence of teen
vaping. Specific measures include the elimination of flavored tobacco, an
increase in the legal smoking age, and identical treatment of vaping and e-
cigarette products to traditional forms of tobacco
8. Supports legislation that provides at least basic universal health insurance that
greatly expands medical access in Fort Collins, Colorado, and the United
States. Key components the City supports include universal coverage and
therefore large-scale risk pooling and negotiating power, portability of plans
across employers, and movement away from employer sponsored health plans.
9. Supports health care policy that provides single-payer medical insurance to all
residents and as a result provide large risk-pooling and negotiating power to
reduce health care costs.
10. Supports the portability of health insurance plans across employers and state-
lines.
11. Supports policies that drastically reduce out of pocket costs for both individual
payers and employers.
12. Support health care policies that move the United States health care system
away from employers being the primary provider of health insurance.
PUBLIC SAFETY
SAFE COMMUNITY
Commented [TM7]: In response to LRC’s request for options,
this is largely intended to end up as either 8 or 9,10,11, and 12.
18
The Fort Collins City Council recognizes the critical importance of maintaining public
safety, providing a safe environment, and protecting the lives and property of the
citizens of Fort Collins on a daily basis as well as through preparedness and resiliency
planning efforts.
Therefore, the City:
1. Supports greater protections to victims of crime.
2. Supports the City’s right to use camera enforcement of traffic laws, reduce
operational restrictions on the use of camera enforcement, and increases the fines
associated with violations.
3. Supports protocols and funding for shared, statewide emergency response
communications, including supporting Larimer Emergency Telephone Authority
(LETA) and other efforts to resolve 911 diversity issues, such as through the
addition of an additional 911 provider.
4. Opposes increased 911 provider tariffs without clear documentation of cost needs.
5. Opposes initiatives that have the potential to compromise officer safety.
6. Supports minimum training criteria and professional mediator certification that
formally legitimizes the field of Alternative Dispute Resolution (ADR).
7. Supports maintenance of a statewide database of concealed weapons permits.
8.7. Opposes municipal liability for prisoners’ self-inflicted wounds while in police
custody or detention facilities.
9.8. Opposes efforts to undermine local control or enforcement of activities on public
property.
10.9. Supports a state fire code, the code of choice being the International Building
and Fire Code, and allowing municipalities to adopt their own amendments.
11.10. Opposes limits to local enforcement of the International Fire Code as adopted
with local amendments, imposing inspection requirements or preventing collection
of permit or inspection fees as required by the local jurisdiction.
12.11. Opposes restricting any local jurisdiction from requiring the installation of fire
sprinklers.
13.12. Supports the City’s ability to prohibit the use and sale of fireworks and allow
counties and fire districts to prohibit and otherwise control fireworks within City
boundaries.
14.13. Supports efforts to reduce abuse and improper disposal of over-the-counter and
prescription drugs.
19
15.14. Supports exclusive digital communication networks for public safety personnel
during emergencies.
RECYCLING AND SOLID WASTE REDUCTION
ENVIRONMENTAL HEALTH
The City of Fort Collins endorses a multi-pronged approach to waste minimization that
includes recycling, re-use, composting, and source reduction, and which also applies
Sustainable Materials Management principles such as redesigning systems to reduce
pollution and waste. Additionally, the City has adopted a goal of diverting 75 percent of
community waste by 2020; 90 percent by 2025, and 100 percent by 2030.
Therefore, the City:
1. Encourages integrated, sustainable waste management planning and
implementation policy, including but not limited to centralized data collection
requirements and formal statewide diversion targets.
2. Supports a regulatory authority role for local government to ensure the efficient
management of recyclable material and solid waste, including application of laws
that prescribe the use of county-funded disposal facilities for certain types of
wastes, and other local bans on landfill disposal for certain types of debris.
3. Encourages “buy recycled” or “environmentally preferable purchasing” policies for
government agency procurement.
4. Supports incentives and funding for programs that promote waste reduction, reuse
and recycling, and development of related infrastructure.
5. Supports continued or increased funding for programs to collect and monitor data
on trash volumes, rates of diversion from landfill disposal and economic impacts of
recycling.
6. Supports greater producer responsibility initiatives, such as “take back”
regulations that assist consumers to appropriately recycle packaging materials or
certain products (e.g., cardboard and expanded polystyrene packaging, single-use
plastic shopping bags, or mattresses).
7. Opposes CRS Section 25-17-104, which currently limits local authority to regulate
packaging materials (e.g., single-use plastic bags).
8. Supports establishing a refundable deposit fee on beverage containers to increase
recovery rates and pay for recycling programs.
9. Supports state and regional tax incentives for existing and new businesses that
provide end markets for recycled materials in support of a domestic, circular
economy.
Commented [LE8]: @Susan Gordon – should this be updated
given adoption of new state goals?
20
RISK MANAGEMENT AND LIABILITY
HIGH PERFORMING GOVERNMENT
The City of Fort Collins recognizes the dual purpose of the workers’ compensation
system – providing benefits promptly to injured employees in a cost-effective manner
and minimizing costly litigation. 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:
1. Supports improving administrative efficiency of the Division of Workers’
Compensation.
2. Opposes increased insurance premium costs to employers.
3. Opposes administrative burdens or taxes to self-insurance programs.
4. Supports limits to insurance claim litigation.
5. Opposes limiting the City’s options and ability to manage workers’ compensation
claims; including actions like removing existing off-sets to workers’ compensation
benefits or limiting the City’s ability to designate treating physicians.
6. Opposes efforts to presumptively expand workers’ compensation coverage to
illnesses or injuries that are not work related.
7. Opposes efforts to reduce or weaken protections against liability through
governmental immunity or other statutory provisions.
TRANSPORTATION
TRANSPORTATION AND MOBILITY
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 bicycling, transit and walking whenever appropriate.
Therefore, the City:
1. Opposes reductions to the present allocation formula of 60 percent state, 22
percent counties, and 18 percent municipalities for Highway User Tax Fund (HUTF)
or any appropriations from the state using the same formula.
2. Supports alternative methods of funding transportation infrastructure needs.
21
3. Support funding the analysis and implementation of inter- and intra-regional
transit linkages, including future commuter rail connectivity.
4. Encourages flexibility in federal funding and regulations in order to better meet
the needs of small to medium-size communities.
5. Supports guaranteed levels of federal funding for transportation and allocation of
all federal motor fuel taxes and other federal transportation trust funds for their
intended transportation purposes.
6. Supports broadening the definition of the gasoline tax to a “fuel tax” that
encompasses other fuel options as they become more prevalent.
7. Supports enhanced ability to implement railroad quiet zones in municipalities and
a reduction in train horn decibel and duration requirements.
8. Opposes divesting highway roads in urban areas from the state and making them
the sole responsibility of local jurisdictions.
9. Supports safe operation of railroads through timely track inspections, joint training
and communication between railroad and emergency personnel, and the use of
safe equipment.
10. Supports funding for the build out of Interstate 25 improvements, which may
include a ballot measure.
11. Opposes reductions in federal dollars for bicycling, transit and walking.
12. Supports local control of public roads, pedestrian paths, and bike lanes to address
emerging modes of transportation.
URBAN RENEWAL AND DOWNTOWN DEVELOPMENT
ECONOMIC HEALTH
The state of Colorado has empowered local authorities to use Urban Renewal Authorities
(URA) and Downtown Development Authorities (DDA) to encourage downtown revitalization
and the elimination of blight. The main funding tool for URAs and DDAs is Tax Increment
Financing (TIF) generated through property taxes. In its best intention, urban renewal and
downtown revitalization restores economic vitality and improves the safety of a designated
area, with limited financial impact to other government jurisdictions.
Therefore, the City:
1. Opposes limitations on municipalities’ ability to utilize financing mechanisms such as TIF
or Metro Districts.
2. Opposes efforts to increase influence of non-City jurisdictions over the use of TIF within
City limits.
22
3. Supports maintaining the ability of downtown development authorities to utilize the full
offering of tools and powers provided in the DDA Act.
3.4. Supports maintaining the ability of Urban Renewal Authorities to utilize the full
offering of tools an powers provided for in state statute.
WATER, WASTEWATER, AND STORMWATER
ENVIRONMENTAL HEALTH; SAFE COMMUNITY
The City operates a water utility, a wastewater utility, and a stormwater utility in a
financially sound, reliable, safe, and environmentally acceptable responsible manner. The
availability of adequate water supplies is critical to this mission the City and is managed by
both the Water Supply and Demand and Supply Management Policy, and the Water Efficiency
Plan, and other water-related codes, rules, regulations, plans, and policies.
Therefore, the City:
1. Supports expanding the authority delegated to the state to administer federally
mandated water, stormwater, and wastewater environmental regulatory programs.
2. Supports reasonable water quality regulations that are cost effective and can show
identifiable benefits.
3. Supports municipal flexibility to manage in-stream flows to preserve or improve the
natural environment, of the stream while protecting the integrity of Colorado’s
appropriation doctrine, and protecting the City’s water supplyies, and preventing injury
to other water users. This includes potential bills related to the authority for the City
and others to pursue Water Court-approved instream flow augmentation plans and similar
mechanisms to preserve and impose stream flows.
4. Opposes unfunded mandates.
5. Opposes barriers to financing for water conservation projects.
6. Supports funding for the recovery and treatment of the Cache la Poudre River and other
waterways impacted by natural disasters.
7. Supports enhanced municipal authority to protect and increase the flexibility and
resiliency of its the City’s water supplyies under Colorado’s appropriation doctrine,
without causing injury to other water users and without adversely affecting in-stream
flows or the natural environment of the stream. This includes potential bills related to
treated water providers being able to more easily share treated water supplies between
their distribution systems.
7.8. Supports reducing legal hurdles and clarifying legal ambiguities related to water reuse
and greywater projects, while protecting the integrity of Colorado’s appropriation
Commented [ERP9]: Explanatory Note: These are actually
three separate utilities, but it was confusing the way it was drafted
before.
Commented [EP10]: Explanatory Note: What does
environmentally “acceptable” mean? I’d suggest this change.
Commented [EP11]: Explanatory Note: I don’t understand what
“this mission” refers to, in part, because adequate water supplies are
really only relevant to the water utility. I’d suggest this change to
address this confusion.
Commented [ERP12]: Explanatory Note: This misstated the
name of the key policy and was overly narrow in suggesting that
there are only two relevant policies.
Commented [EP13]: Explanatory Note: Instream flow benefits
and purposes are not limited to the natural environment “of the
stream” in Colorado statutes. E.g., CRS 37-92102(3).
Commented [ERP14]: Explanatory Note: It would be helpful
for this policy statement to identify the prevention of injury to other
water users as a goal because other water users have legally-
defensible property rights in the form of water rights, and because it
signals that the City wants to work with others and within the
broader system, which we have understood to be the general policy
direction.
Commented [ERP15]: Explanatory Note: A bill will be coming
from Rep. Arndt on this issue in the 2020 legislative session, which
the City has been working on for some time now. Last session, the
City expressly and vocally supported a similar bill, which will be
coming again. It would be helpful to have the policy more directly
identify this bill’s concept and purpose.
Commented [ERP16]: Explanatory Note: Again, it would be
helpful for this policy statement to identify the prevention of injury
to other water users as a goal.
Commented [ERP17]: Explanatory Note: A bill will be coming
from Rep. Arndt on this issue, which the City worked on previously
in 2017 and 2018. The City will likely coordinate with Greeley on
this bill. It would be helpful to have the policy more directly
identify this bill’s concept and purpose.
23
doctrine, protecting the City’s water supplies, and preventing injury to other water
users.
8.9. Supports streamlining federal and state permitting requirements for water
development projects that increase coordination between permitting agencies, reduces
administrative and financial burdens on permit applicants, and ensures robust and
enforceable environmental protections.
9.10. Supports the enlargement of Halligan Reservoir as a common-sense, cost-effective,
and environmentally beneficial approach to meet Fort Collins Utilities’ future water
supply needs.
CITY OF FORT COLLINS LEGISLATIVE CONTACTS
Legislative Review Committee
Name District/Title Email Phone
Councilmember Ross
Cunniff, Chair
District 5 rcunniff@fcgov.com (970) 420-7398
Councilmember Ken
Summers
District 3 ksummers@fcgov.com (970) 221-6878
Councilmember Susan
Gutowsky
District 1 sgutowski@fcgov.com (970) 215-6308
Darin Atteberry City Manager datteberry@fcgov.com (970) 221-6505
Commented [ERP18]: Explanatory Note: There are no policy
statements related to graywater. There are lots of legal issues that
are keeping graywater from happening, many of which can only
realistically be addressed through statewide legislation.
Commented [EP19]: Explanatory Note: The Halligan Reservoir
enlargement will only provide water for customers in the Fort
Collins Utilties water service area, which does not include all of Fort
Collins.
24
Jeff Mihelich Deputy City Manager jmihelich@fcgov.com (970) 416-2899
Carrie Daggett City Attorney cdaggett@fcgov.com (970) 416-2463
Tyler Marr
Honore Depew
Legislative Staff tmarr@fcgov.com
hdepew@fcgov.com
(970) 416-4205
(970) 224-6094
Legislative Staff Liaison Members
Topic Area Name Title Email Phone
Affordable
Housing and Social
Sustainability
Beth Sowder Social Sustainability
Director
bsowder@fcgov.com (970) 221-6752
Air Quality Cassie Archuleta Environmental
Program Manager
carchuleta@fcgov.co
m
Broadband Colman Keane Broadband Director ckeane@fcgov.com (610) 224-6001
Cable Television
Franchise
Carson Hamlin Cable Television
Manager
chamlin@fcgov.com (970) 221-6510
Climate Lindsay Ex Environmental
Program Manager
lex@fcgov.com (970)224-6143
Environmental
Protection
Lucinda Smith Environmental
Services Director
lsmith@fcgov.com (970) 224-6085
Elections, Liquor
and Marijuana
Licensing
Delynn Coldiron City Clerk decoldiron@fcgov.co
m
(970) 416-2995
Cultural Services,
Parks and
Recreation
Mike Calhoon Director of Parks mcalhoon@fcgov.com (970) 416-2079
Energy Tim McCollough,
John Phelan
Light and Power,
Deputy Utilities
Director Energy
Services, Senior
Manager
tmccollough@fcgov.c
om
jphelan@fcgov.com
(970) 416-2622 (970)
416-2539
Finance Mike Beckstead Chief Financial
Officer
mbeckstead@fcgov.c
om
(970) 221-6795
Economic Health Josh Birks Economic Health
Director
jbirks@fcgov.com (970) 221-6324
Fire Protection
and
HAZMAT Mgmt
Tom DeMint Division Chief, Poudre
Fire Authority
tdemint@poudre-
fire.org
(970) 416-2871566-
7274
Human Resources Teresa Roche Assistant Human
Resources
DirectorChief Human
Resources Officer
troche@fcgov.com (970) 221-6826
25
Natural Areas,
Open Lands and
Cache la Poudre
River Issues
John Stokes Natural Areas
Director
jstokes@fcgov.com (970) 221-6263
Building Services Russ Hovland Chief Building Official rhovland@fcgov.com (970) 416-2341
Planning and Land
Use
Tom Leeson Community
Development and
Neighborhood
Services Director
tleeson@fcgov.com (970) 221-6287
Public Safety Greg Yeager Deputy Chief of
Police
gyeager@fcgov.com (970) 416-2185
Recycling and
Solid Waste
Susie Gordon Environmental
Program Manager
sgordon@fcgov.com (970) 221-6265
Risk Management Safety, Security, and
Risk Management
Director
(970) 221-6774
Stormwater Theresa Connor Water Engineering
Field Operations,
Deputy Utilities
Director
tconnor@fcgov.com (970) 221-6671
Transportation Dean Klingner Planning,
Development and
Transportation
Deputy Director
Dklingner@fcgov.com (970) 416-2029
Utilities Customer
Connections
Lisa Rosintoski Customer
Connections, Deputy
Utilities Director
lrosintoski@fcgov.co
m
(970) 416-2432
Water Supply and
Quality
Carol Webb Water Resource and
Treatment
Operations, Deputy
Utilities Director
cwebb@fcgov.com (970) 221-6231