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HomeMy WebLinkAboutMinutes - Legislative Review Committee - 01/20/2000 -Legislative Review Committee Minutes January 20,2000 7:30 a.m.—8:30 a.m CIC Room The mission of the legislative Review Committee is to analyze proposed legislation and express City policies and positions on issues which affect the quality of life and governance of our community. In attendance: Council:Mayor Ray Martinez (Chair)and Karen Weitkunat Staff:Ginny Brown (recorder),Rita Davis,Marty Heffernan,Diane Jones,Alan Krcmarik,Vincent Pascale,Ron Phillips,Liz Stroh,Dennis Sumner,Tom Vosburg Colorado Municipal League (CML)Workshop Ginny Brown reminded everyone that CML is having its annual all-day legislative workshop on Thursday,January 27,2000 at the Adams Mark Hotel in downtown Denver. II.Scope of Current Session Ginny Brown provided a brief overview of the session.It is rumored that during this current legislative session 800 bills will be introduced and this will include 120 late bills.To date,a little over 400 have been introduced.The bulk of those bills are in the following areas: Police Services 40 Growth —27 Finance 25 There are a handful of high priority bills relating to growth management.Other than those few the other bills analyzed by various service departments were of a low to medium priority. Councilmember Karen Weitkunat asked for a general overview of how legislation works through the City staff process before it gets to Council.The following process was explained. 1.Bills are delegated to the affected department. 2.Bills are analyzed and sent back to the Legislative Coordinator using a Legislative Comment Form. 3.The City Managers Office reviews all recommended positions by staff before Council members are asked to take a position.it makes it to LRC council members. 4.Bills that have an impact on the City are monitored by staff for action 5.Bills are reanalyzed based upon actions taken by legislators and submitted to the City Managers office. 6.Updated analysis as each bill goes through the different phases of the State legislative process. 7.Recommendations for LRC Council action are provided as a bill moves through the process.These recommendations a funneled through the City Managers Office first and they include: a.Take a position on legislation b.Write a letter to legislators regarding the issue needing to be addressed. c.Call legislators regarding the issue needing to be addressed. d.Testify in a committee regarding the issue needing to be addressed. IIJ.Legislative Updates A.Growth Management 1.SB 96 —Vested Property Rights: Provides that under certain circumstances development rights will automatically vest without notice or hearing,regardless of any vested rights ordinance in existence. 2.SB 118—Bryan Sullivant’s Growth Bill; Establsihes a comprehensive state plan for local governments to manage growth. B.Public Safety 1.HB 1130—Prohibition of Open Alcoholic Containers in Motor Vehicles: Prohibits any person from knowingly drinicing any alcoholic beverage or posess and open alcoholic beverage container in the passenger area of a motor vehicle while that vehicle is on a highway or right away of a public highway. 2.SB 18—Ignition Interlock Program Includes driving while ability is impaired as an alcohol-related offense which,if committed within 5years after another alcohol- related offense requires the defendant to hold a restricted license requiring an ignition interlock device for 1 year. C.Finance SB 6 —Maximum Period for Government to Retain Revenues Prohibits any ballot issue from being submitted at the 2000 general election or at any subsequent election that seeks approval for a local government to retain all or any portion of its revenues in excess of any limitation imposed by the state constitution (TABOR)for a period of more than 4 budget years. IV.Legislative Database Tom Vosburg provided a mini tutorial of the new legislative ACCESS database. The purpose of the database is to provide a central point for legislative information.Other departments may access the database and add information the is pertinent to the analysis of bills that the City is tracking. City of Fort Collins List of Followed Bills (2000 Session) _____________________________________________________High Priority Bills ____________________________ Public HIGH HB 1289 Firearms Regulations Rep.Helley et.al.None 1124—Introduced &Recognizes that firearms regulation is a matter of slatew~e Oppose Negative Impacts:Oppose Health &Assigned to HSVMA.concern.Prohibits any municipality,county,or city and county 1.Challenges home Safety 1125—Amended:strike from adopting any ordinance or resolution that would impose a nile authority.‘use”on p.17.24 &26.greater restriction on a person’s ability to own,possess,cariy,2.Lacks statewide 1/28—Amended:Chief use,repair,manufacture,display,or transfer a firearm than is implementation or Sheriff cant require imposed by stale law.responsibility. mb.About weapons by permit applicant 1131 —H3rd passed Now goes to SJudiciary date TBA HIGH H8 1390 Regulation of Smoldng Rep.Zinmierman Rep.Johnson 1127—Intro.in House Prohibits municipalities and counties from regulating smoking Oppose Neoatlve Impacts:Oppose assigned to HEWI Preempts municipal 217—HEWI P[s authority (See attached testimony) Trans HIGH HG 1003 Moneys from General fund to HUTF Rep.May &Sen.None 115—Introduced in Transportation Legislation Review Committee.Requires the Ml Increase funding Support Powers House and Ass.To general assembly to appropriate specified amounts from the received by: HTransp.generalfundtothehighwayuserslaxfund.1.$86,000W year, 1121 —HTransp.Rebers 2.$86,000 x 2 to H Approp.3.$86,000 x 3 4.Etc.tol4yrs. 5.$1,204,000 total HIGH HB 1379 Colorado Department of Transportation Rep.Gagliardi None 1127—Intro.in House Requires the Colorado department of transportation to MI Positive Impacts:Support and &assigned to appropriate $10,000,000 of the federal surface transportation 1.Regional Impact Transp.&Energy funds to small and rural transportation planning regions that have 2.Appropriates $10 populations of 200.000 people or less.Million/yr. 3.Don’t know how much would come to Fort Collins? Utilities HIGH SB 184 US West locates bill Sen.Evans Matsunaka 1127—Introduced to Establishes liability based upon damages to underground MI Negative Imoacts:Oppose (SB 83)Business Affairs and facilities.Provides for the awarding of attomey fees and costs in 1.Municipal liability Labor certain circumstances.2.Locate change from 18”-30’ 3 3 02/10/00 City of Fort Collins List of Followed Bills (2000 Session) High Priority Bills Service Priority Bill It Title Sponsors Local Status Bill Summary CML Summary Recommended Area Legislators Position Staff Analysis Position Land Use HIGH SB 8 Electronic Master Plans Sen.Reeves &Rep.Reeves 1126—SLocal Requires DOLA to provide public access through the internet or a Not Est.Positive Impacts:Support wlarnendments Zimmerman Government amends bill successor on-line computer system to master plans for the 1.central repository and sends to physical development of any county,region,or municipality.2.tunding is provided 211-Staff recommends SAppropriations.Negative Impacts:that this change to a 1126—amended to uniform terminology Med.Priority. include a glossary of terms HIGH SB 96 Vested Property Rights Sen.Anderson &None 1126—S2nd reading For municipalities that have not yet adopted ordinances or Oppose Positive Impact:Oppose Rep.Mcpherson resolutions specifying what constitutes a “site specific Fort Collins is already in development plan”as required under 1999 legislation,causes compliance with this Staff recommends this be statutory property rights to vest automatically under default legislation,moved to medium status provisions and prohibits such municipalities from adopting such Negative Impact:since legal analysis ordinances or resolutions,effective January 1.2001.It negatively affects other revealed that this communities and should legislation won’t affect us be opposed for that reason. HIGH SB 118 Sen.Sullivant and Reeves 1110—Intro.in SenateS Creates a comprehensive planning program requiring counties Not Est.See 211/00 Testimony Support wI amendments Rep.Stengel ass.To S Local Govt.&and municipalities to develop a comprehensive plan. Agriculture,Natural Resources &Energy 211 -Postponed Indefinently (5—2 vote) HIGH HB 1014 Open Space Income Tax Credit Rep.Witwer.None 115—Introduced and sent Creates a state income tax credit for any taxpayer who preserves Not Est Positive Impacts:Oppose Stengel &Congrove to HFinance one or more parcels,as defined by the act,of real property as 1.Tax Credit to open space.owners of vacant land. 2.Allowsacreditfor each yearof maintenance. Nenative Impacts: 1.No requirements for)how long land must be protected to qualify for credit. HIGH HB 1101 lntergovemrnental Revenue Sharing Rep.George None 115—Introduced and sent Creates a local government growth assistance process that Support Positive Impacts:Support to HFinance.authorizes governmental entities,to enter into intergovernmental Revenue source for agreements for up to 5 years to allocate state grants and loans regional growth related and share local revenues for certain growth-related purposes.infrastructure and projects. 3 02/10/00 City of Fort Collins List of Followed Bills (2000 Session) High Priority Bills 1/12—Intro.inHouse assigned to H Local Government 1131—H Local Government amends bill 218—House 2~Reading Laid Over Original purpose —to promote communication,coordination and cooperation among govememtnal entities.This is enabling legislation that authorizes the following: 1.County to require land owner to first seek annexation by municipality. 2.Counties via inteigovemmental agreement to impose municipal development standards in unincorporated areas. 3.Local govts.to enter into long-term GAs. 4.Local govt.to give master plans legal authority 5.County must submit land use approval to a muny that req.a hearing when an application is in a 3 mile radius opposed to 2. 6.Muny can’t exclude service to a proposed annexed area. 7.Muny must be able to serve and area before it is annexed. 8.Consider an annexation petition 9.Extend munys boundaries by more than 3 mi. 10.Muny’s challenge neaiby annexations 11.Dual oversight regarding special districts Current Changes Include: 1.Munys must acknowledge utility service areas in master plans 2.120 day time limit begins when app.Is filed with Cty. 3.Removal of muny jurisdiction beyond 3 miles. 4.5 year limit for unavailable service after annexation. 5.Water rights —nothing negates state law. 6.County can’t deny special district service plan. 7.Special Districts (in bounds)—munys have veto powers. 8.Special Districts (in 3 mi )review and comment powers. Neqative Impacts: Nine amendments by the Rural Electric Association were added to this bill in H Local Govemment, (See analysis from Tom Vosburg) HIGH HG 1223 Land Use Planning Relationships Service Priority Bill #Title Sponsors Local Status Bill Summary CML Summary Recommended Area Legislators Position Staff Analysis Position HIGH HG 1172 Legislative Process for Review of State Rep.Gordon &None 1110—Intro,in House Makes changes in the current legislative council review process Not Est.Pending Analysis of Not Est. Implementation Plans Sen.Glickensderter 1/24—Amended br air quality state implementation plans.Specifies that by Amendments 1/31 —H2nd laid over January 15 of each year the air quality control commission shall 2/1 —H2nd passed with submit to the chairperson of the legislative council a report amendments describing in detail state implementation plans (SIP)and 212—H3rd laid over revisions thereto adopted during the prior year. 2/3-H3rd passed 214—Intro.in Senate .ass,To HEWI +SVMA Rep.Smith & Sen.Anderson Rep Kautman& Sen.Matsunaka0 0 Support Amend 2 3 02/10/00 Con(~nity Planning and Environme~.Services Office of the Director DRAFT February 9,2000 To:Legislative Review Committee Through:John Fischbach,City Manager Greg Byrne,CPES Director From:Tom Vosburg,CPES Policy and Budget Manager Re:Staff Analysis of HB 1223 This memo provides an overview and analysis of RB 1223.The elements of the original bill are outlined first,and then effects of recent amendments are described. HB 1223 is sometimes referred to as the “CML/CCI 10 Point Plan”since it is organized around 10 topic areas.CML and CCI have developed information materials regarding the bill that utilize this 10 point framework.This analysis will briefly summarize the bill as it addresses each of these 10 points. A.Summary of Key Elements of HR 1223 as it was introduced. 1.Preservation Of Agricultural Industry As A Part Of Colorado’s Heritage. RB 1223 make no specific provisions regarding this point. Staff Comments CML and CCI indicated that they hoped to be able to include incentives or mechanisms to encourage protections of farm lands in the bill,but RB 1223 as introduced contains no such provisions. 2.Reward Local Governments That Cooperate On A Regional Basis To Plan For And Accommodate Growth As introduced the bill,RB 1223 would have set up the Colorado Heritage Conimwiities program in the Dept.of Local Affairs and authorized the program to make grants.However,the bill provides no new funding for such grants. Staff Comments Providing grants as incentives and rewards for good planning is good.However, this is not new.The existing Smart Growth program provides grants to 281 N.College Avenue •P.O.Box 580 •Fort Collins,CO 80522-0580 (970)221-6601 •FAX (970)416-2020 City of Fort Collins communities for cooperative regional planning.(Note:the REA amendments removed the proposed new program from the bill.) 3.Annex First Before Approving Urban Development HB 1223 expressly authorizes counties to require that any property that is eligible to be annexed first seek annexation by the City prior to the County approving urban development.The bill does not require counties to do this,it only expressly enables them to if they choose to. Staff Comments This is an important growth management technique,and is one of the key pieces in the existing Fort Collins!Larimer County IGA.However,this is not a new authority established by the bill.Counties already are able to do this without the express authorization provided by the bill. 4.Strengthen Intergovernmental Agreement Authority For Cities and Counties HB 1223 enables counties to adopt city development standards by reference through a voluntary Inter-Governmental Agreement (IGA). Staff Comments This is a new authority that would be helpful.Larimer County now agrees to apply our development standards to land governed by our IGA,but to do so they had to take our regulations and separately adopted them as their own,rather than simply adopt them by reference.This provision will make it somewhat easier for counties that desire to enter into these kinds of agreements to apply City development standards. 5.Enforcing Locally Adopted Master Plans HB 1223 authorizes cities and counties to give their comprehensive plans the effect of law,if they choose to. Staff Comments This is a new authority that would be provided by the bill.Some communities may desire this authority.However,giving plans regulatory authority is probably not a good practice,even if we had the authority to do so. Plan documents generally are not drafted with the precision that regulatory codes are,so it is difficult to interpret and apply plans directly in development review. The LDGS required developments be consistent with the City’s adopted comprehensive plan,but this was difficult and controversial to administer.A better practice is to adopt clear regulations that directly implement the plan,as we have attempted to do with the Land Use Code. 6.Strengthen Intergovernmental Referral of Land Use Proposals Existing law requires counties to give cities the opportunity to comment on County development proposals that are within 2 miles of the city limits.HB 1223 extends this distance to 3 miles,and requires re-zoning actions within the same are also be offered to cites for comment. Staff Comments This is a minor positive change.However,the review is still only an advisory review;the County is not bound to act on or respond to City comments in any way. 7.Improving Municipal Annexations through Additional Planning HB 1223 would require that Cities demonstrate that they can provide urban services to annexed properties with in three years,unless the land owner consents to a longer period of time.The bill would also require that all annexations be consistent with the 3-mile plan (see #8 below). Staff Comments This is a real growth management requirement that may limit some irresponsible City annexations.However,there is no corresponding requirement that would ensure that services are available to projects on the same property if approved by the county. 8.Improving Municipalities 3-mile Annexation Plans Cities are now required by the State to have a “3-mile plan”showing how areas within three miles of their boundary may ultimately develop.HB 1223 would require that these “3-mile plans”show what specific areas within the 3 mile area the city would be willing to annex.Also,the original bill would allow Cities to extend area of the plan beyond 3 miles if the county and other jurisdictions agreed to it. All annexations would be required to be consistent with the plan.Counties and other cities would be provided an advisory review of proposed City “three-mile” annexation plans. Staff Comments The existing 3 mile plan law is antiquated and plans developed to satisfy its requirement are not now regarded very seriously.This element of the bill could start to change that.The requirement to designate future annexation areas is an important growth management concept.This is a very simplistic form of designating an urban service area or an urban growth area. However,HB 1223 contains no standards or basis for defining the annexation area.A more effective approach would be to require that such annexation areas be based on some basic planning,i.e.land needed to accommodate a realistic population forecast,and an evaluation of the ability to provide services.This approach also does not provide any restrictions on the county from approving urban development outside of adopted annexation areas. If the bill contained these additional requirements in this section then the bill would be much closer to being a significant growth management tool.Without grounding the annexation area designation in the three-mile plans in some actual planning analysis,there is nothing that prohibit Cities from designating any area with in the three mile plan as being eligible for annexation. If the bill were amended to include these basic planning requirements for the annexation area,then staff would recommend that basic enforcement and dispute resolution mechanisms be added as well.The addition of these requirements would make this bill a significant and meaningful growth management bill. 9.Provide Greater Authority For Municipalities To Police One Another’s Annexations. Existing law gives standing to any city to challenge another city’s annexation of land if the proposed annexation within 1 mile of the concerned city’s limits.HB 1223 expands this distance to 3 miles. Staff Comments This is a minor positive change.However,there is no improvement in the basis on which a city may challenge another’s annexation;challenges could still only address issues of process and procedure only,not the planing effect of the annexation. 10.Increased Land Use Planning Interaction Between Counties,Cities And Special Districts HB 1223 would revise county authority over the creation and expansion of special districts by adding new criteria on which counties may deny the creation or expansion of special districts.This new criteria would be that the creation or expansion of the district would not contribute to urban development outside of existing urban areas.Cities would be given approval authority over creation of new special creation of new special districts with in their boundaries.Cities would be provides advisory review to the county on creation or expansion of special districts with in three miles of their boundaries. Staff Comments The new criteria for counties to use is a positive one.The bill would give cities little new authority over special districts,except as it relates to the creation of new districts.It is unlikely that new districts will be proposed very often with in city limits.Fort Collin is more concerned with the expansion of existing special districts.The bill provides not new authority to the City in that area. B.Summary Of The Effect Of The Recent flEA Amendments To The Bill On February 3,a number of amendments supported by the Rural Electrical Association (REA)were added to HB 1223 in the House Local Government Committee. The substance and effect of these amendments are outlined below. 1.Eliminate The “Colorado Heritage Community”Program From The Bill. The amendments removed the proposed State program to reward communities for cooperating.We expect that the program will be included in a different bill associated with the Governor’s proposals. 2.Make Minor “Housekeeping”Refinements To Elements Of The Bill. The amendments make a number of minor revisions to bill text that add clarity or otherwise improve the bill language without changing the substance of the bill. 3.Further Limit City Annexation By Increasing Requirements For City Provision Of Services With A Fix Time Period. HB1223 as introduced required City’s provide service to annexed land within three years,unless the land owner agrees to a longer period.The REA amendments limit those owner approved extension to 5 years. 4.Eliminate The Ability To Extend The “3-Mile Plan”Beyond 3-Miles Through Voluntary IGAs. RB 1223 originally contained a provision to allow Cities to extend their 3 mile plans beyond three miles through voluntary IGAs with the County,but these amendments remove those provisions. 5.Preserves REA Service Areas Upon Annexation. Under current law,City utilities can take over providing service to annexed areas. This amendment would allow REA to retain annexed areas as part of their service areas after annexation. This amendment is the one that is being vigorously opposed by the Colorado Municipalities Utilities Association,as well as a number of municipalities. SB 00-118 -The Responsible Growth Act City Of Fort Collins -Key Points of Testimony SenateLocal Government Committee February 1,2000 a The city of Fort Collins recently adopted a resolution on State Growth Management Legislation.That resolution supports the CML/CCI bill,as a step in the right direction.Our resolution goes on to support other legislation that requires basic comprehensive planning for Colorado’s growth areas. a SB 118 in its current form is not perfect,but it is important to allow work to continue on it. o We can have a growth management Bill that mandates basic planning elements for Colorado’s fast growing cities,and still preserves local control over the land use planning and decisions that are ultimately within those cities.The Bill should say, “You must plan”,but not say how to deal with local issues.This would require local government to confront growth problems,but not prescribe a solution to those problems. o A bill that mandates basic planning would simply require that local governments have well thought out and internally consistent land use,transportation and public facilities policies before they annex and expand their boundaries.The fact that local governments are now able to operate without such basic management tools in place is irresponsible. o With local control comes the burden of local responsibility.Local governments have the obligation to effectively accommodate all aspects of growth that results from those local policies.Special districts have the obligation to comply with local comp plans. o The numerous polls that indicate growth as a top concern for Coloradoans is evidence that the citizens of this state perceive that the side effects of local growth policies are not being responsibly addressed through existing inconsistent local planning practices. o All too often roads,parks and schools are not being provided in a way that keeps pace with new growth,and the quality of life in Colorado suffers as a result.This is what people are concerned about. 0 ~We believe that a bill should be passed that will actually effect some real,positive change in the way local governments plan for and manage growth,without preempting local control of specific land use regulations within municipalities.We believe that such a bill must contain the following elements to be fair and effective: 1.It should require growing communities to adopt land use, transportation and public facilities plans that are based on realistic population projections and that are internally consistent with one another; 2.The bill should not apply to low growth communities if they aren’t expanding; 3.The bill should preserve local control by not prescribing specific zoning or other land use policies within the required local plans; 4.The bill should require that growth plans are coordinated and consistent with those of adjacent jurisdictions. 5.The bill should include some method of quickly resolving planning disputes between jurisdictions; 6.The bill should include meaningful incentives for compliance and penalties for noncompliance; 7.The bill should provide funds to local governments to offset the costs of mandated planning;either through state grants or other means of state revenue sharing. comtnity Planning and Environmen Services Office of the Director DRAFT February 9,2000 To:Legislative Review Committee Through:John Fischbach,City Manager Greg Byrne,CPES Director From:Tom Vosburg,CPES Policy and Budget Manager Re:Pros and Cons of Supporting RB 1223 This memo presents a brief summary of Staffs perspective on the pros and cons of supporting HB 1223. Reasons to Support HB 1223 •FIB 1223 will give counties the ability to adopt by reference city development for application in developing areas. •Cities would be required to give some thought to defining annexation areas and to designate those areas on the 3-mile plan prior to annexing new land,but no significant planning or analysis burden would be mandated on cities to comply with the requirement. •Passing this bill will allow the legislature to say that they have made progress in addressing growth management,and thus help campaign against the expected initiatives. •Supporting this bill will maintain solidarity between Fort Collins,CML and other municipalities. •Although few real new powers or incentives are included in the bill,the increased attention placed on the bill may make jurisdictions more aware or motivated to voluntarily plan and cooperate with one another. Reasons to Oppose HB 1223 •Passing F1B123 in its current amended form will allow REAs to continue to provide service to annexed areas.This will limit growth in municipal utility revenue,and 281 N.College Avenue •P.O.Box 580 •Fort Collins,CO 80522-0580 (970)221-6601 •FAX (970)416-2020 City of Fort Collins indirectly general find revenues,and introduce inconsistent levels of service within cities. •Passing a weak growth management bill may preempt any further attempts to work on more meaningful growth management legislation next year,since the legislature may say “we dealt with growth management last year”. •Passing a weak growth management law may not only fail to preempt an initiative, but also support the initiative backer’s claims that the Legislature is incapable of showing leadership on the issue,and therefore validate the initiative approach to the issue. Both Pro and Con •HB1223 will prevent some “irresponsible”City annexations by requiring City’s be able to provide services with in a short period of time.However,this same provision could frustrate attempts by cities to get land under city control to protect it from “irresponsible”development approval by the county. •HB 1223 will allow cities and counties to give their comprehensive plans the force of law.While this would increase local options,this would be a poor planning and regulatory practice that will likely cause problems for jurisdictions that choose to use the new authority. Mayor L City of Fort Collins Legislative Position Paper Date:February 9,2000 From:Ray Martinez,Mayor To:Health,Environment Welfare and Institutions (HEWI)Committee Members Re:HB 1390—Concerning Prohibited Methods of Regulating Smoking (Testimony provided by Sarah Fox,Natural Resources) The City of Fort Collins urges committee members to Postpone Indefinitely (P1)HB 1390. We are concerned about this bill for two reasons: 1)Preemption legislation is an intrusion of home rule and would restrict our community from enacting our own smoking policies; 2)It is important for us to be able to work with our citizens to determine how we can adequately protect their health from Environmental Tobacco Smoke (ETS)which is a class-A carcinogen. The City of Fort Collins prides itself on our commitment to our goal of “Continually improving air quality as the city grows.”Our City Council-approved Air Quality Action Plan (AQAP),outlines strategies that will “increase the percentage of residences and workplaces taking action to reduce exposure to indoor air pollution.”We have committed to revisit our current Smoking in Public Places ordinance based on interest that was generated through community groups. Our current Smoking in Public Places ordinance was enacted in 1984.The City Council initially adopted the ordinance,which was then challenged by petition and brought to the voters in a referendum. In 1984,the final vote was strongly in favor of our current Smoking in Public Places ordinance: 21,075 -IN FAVOR 12,012 -AGAINST Our ordinance was the first of its kind in Colorado,and many communities have since adopted smoking ordinances that go beyond Fort Collins’.We are currently in the process of beginning a review of our ordinance and seeking public input on whether the ordinance should be changed. Our community is concerned about public health and we value the ability to work closely with our citizens to determine the appropriate level of protection to ETS.Please allow us to continue to work closely with our residents while at the same time increasing protection from indoor air pollution. 300 LaPorte Avenue •P.O.Box 580 •Fort Collins,CO 80522-0580 •(970)221-6505 •FAX (970)224-6107