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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/02/2001 - RESOLUTION 2001-1 ADOPTING THE CITYS 2001 LEGISLAT AGENDA ITEM SUMMARY ITEM NUMBER: 24 DATE: January 2, 2001 FORT COLLINS CITY COUNCIL Diane Jones FROM: Ginny Brown SUBJECT: Resolution 2001-1 Adopting the City's 2001 Legislative Agenda. RECOMMENDATION: Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY: Each year the Legislative Review Committee(LRC)develops a legislative agenda to assist the City in the analysis of pending legislation. The proposed 2001 Legislative Agenda,which is attached to the Resolution as Exhibit "A",has been updated from the 2000 document and was reviewed by the LRC on December 14, 2000. This document will be used as a guide for the upcoming 2001 legislative session that convenes on Wednesday January 10, 2001. The purpose of the Legislative Agenda is to articulate the City's position on common legislative topics and will be used in the following instances: 1. Council members or LRC staff members may respond to questions from legislators and others about the City's legislative policy positions. 2. Council members and LRC staff members will be able to respond to legislation that is clearly supported or opposed by City policy. 3. State and federal legislators will have this document as a general reference. In order to expedite Council's review of the 2001 Legislative Agenda, new and updated sections have been summarized below. Additionally,other changes to the Legislative Agenda resulting from the LRC's review on December 14 are noted: i General i ■ The statement "the City supports" will be inserted throughout the document to replace "the Fort Collins City Council supports". (LRC modification) Public Safety ■ Neighborhood Resources A new section was added (p. 25, items 1-4) in anticipation of legislation being introduced to designate funding specifically for community mediation programs. DATE: January 2, 2001 2 ITEM NUMBER: 24 I ■ Police Services I Clarifying language was included (p. 26, items 4 and 6) for photo radar, red-light camera and concealed weapons permits. The only substantive clarifying language is the following: The phrase "at no cost to the municipality in which applicant resides," was added to policy statement #6 relating to concealed weapons permits. (LRC modification) i Recycling and Solid Waste I Language was added to further clarify two phrases: integrated waste management(p.28 item 1)and rates of diversion goal of 35% (p. 28, item 6) (LRC modification). In general, the following new statements were incorporated to further promote recycling efforts: (#3, p. 28) Support"buy recycled" policy for state procurement. This statement was changed from"mandatory buy recycled". (LRC modification) (#9,p.28)Support corporate incentives to use secondary material in manufacturing. This statement was added to support creating a market for the materials generated by the Fort Collins Recycling Program. (#10, p. 28) Support consideration of landfill surcharges in Colorado that would fund recycling efforts.—This statement was added because there is no revenue in the state's budget to fund recycling efforts. (#11,p.28) Support consideration of certain waste restrictions in Colorado landfills e.g. "green" ban of organic materials, or "white goods" ban. This statement was added to reuse "banned" materials from landfills. This is necessary so that the need to create new landfills to store these products will be decreased. Transportation Clarifying language was incorporated in the introductory paragraph (p. 32), inserting the phrase "with the goal of reducing vehicle miles traveled (vmt) to less than or equal to the population growth rate" at the end of the paragraph. (#3, p. 32) The language was clarified as follows: Support legislation that facilitates regional planning for alternative transportation and a modal shift of 10%from single occupant vehicle usage to alternative modes of travel. (#5, p. 32) The language was clarified as follows: Support release the full appropriation and utilization of federal transportation trust funds and motor fuel taxes for their transportation purposes. (#6,p.33) The language was clarified as follows: Support limitation 01,the elimination of off-the- top diversions for the State Patrol and for the Ports of Entry from the Highway Users Tax Fund. Support changing budget support for these functions to the state general fund to allow HUTF monies to flow to the direct transportation needs for which they are intended. DATE: January 2, 2001 3 ITEM NUMBER: 24 Electric Services and Utility • Under the category of Retail Wheeling, clarifying language and new policy statements were incorporated to better articulate the City's understanding of deregulation and its impact on our communities. New policy statements include: (#16, p.12) "Support the establishment of a cost-effective regional transmission organization before retail restructuring is implemented." (#18, p. 13) "Oppose legislation that does not maintain transmission and distribution functions as regulated monopoly service." (#20, p. 13) "Support voluntary customer options to purchase renewable-energy." Water Utilities (#4, p. 33) The statement "Retain the existing policy and procedure for appointment of directors for water conservancy districts" was incorporated because of a majority opinion shared by the members of the City's Water board members. Currently,the appointment process addresses the dual objectives of fair public representation and helps to ensure that people appointed to the board are knowledgeable about water issues. The statement "Support water conservation legislation that maximizes local control and takes into • consideration local plans in place and water conservation activities which reflect local conditions" (p. 34) was removed because the City's Water Board considered it outdated since the issues it addresses have been resolved. It was viewed as not providing meaningful guidance and ambiguous. Finance i Clarifying language was added throughout this section (p. 17-19) to update statements and to more clearly articulate support and oppose positions. The changes were primarily editorial and not substantive. Telecommunications Certain policy statements were further clarified with notations after the policy statement as follows: (#2,p. 30 relating to information infrastructure): "Note: When using the world-wide-web user privacy will be respected and the government will not compile profile information to identify the user." (#4, p. 30 relating to competitively neutral environment): "Note: The City will not give advantages to one company over another." (#3, p. 31 relating to customer service standards): "Note: Federal and State legislation may have customer service standards that companies must comply with. In some cases local governments may want to add standards that are not covered by the federal or state governments, especially if there are ongoing problems in some service delivery areas. " DATE: January 2, 2001 4 ITEM NUMBER: 24 Natural Areas and Open Lands The following statement was added at the request of Mayor Pro Tern Wanner. The purpose of the statement is to support federal legislation that supports our efforts with the Cache La Poudre River Corridor. (#5,p. 22)-"Support federal adoption of the Technical Corrections Bill for the Cache La Poudre River Corridor Act." Parks & Recreation (#2,p.23) Concern was expressed by the Committee regarding the statement that the City supports the Colorado Lottery. In light of this discussion,the Committee suggested modifying the statement along the following lines: "Support using the proceeds from the Colorado Lottery and-its for current distributionro Lottery proceedrpurposes." After staff review of the modified statement,staff has suggested that the above statement be deleted from the 2001 Legislative Agenda because the statement following (#3, p.23) better reflects our needs. (#3,p.23)-"Support Great Outdoors Colorado and full funding for municipal government projects, with a maximum local discretion regarding local needs and priorities." Library Services (#2,p.8)-Concern was expressed by the Committee regarding the statement supporting intellectual freedom. The concern was that minors'access to pornography through the internet at the library should be limited. In light of that discussion, the following modifications were made to the original statement: "Support intellectual freedom and general access to information but encourage limitation of access to minors." After staff review of the modified statement,staff has suggested that the following language be used instead: "Support intellectual freedom and access to information but provide parents and guardians with options to filter internet access for minors." RESOLUTION 2001-1 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE CII'Y S 2001 LEGISLATIVE AGENDA WHEREAS, state and federal legislation may impact the citizens of Fort Collins, affecting their quality of life; and WHEREAS, such state and federal legislation may influence the operations of municipal governments, including the City of Fort Collins; and WHEREAS, the City of Fort Collins has an interest in providing input on proposed legislation; and WHEREAS, Councilmembers and staff are asked to state the City's policy position on legislation; and WHEREAS, members of the Legislative Review Committee desire to be more effective in their reaction to state and federal legislation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: iSection 1. That the policy statements contained in the attached 2001 Legislative Agenda accurately reflect the City's policy on these issues. Section 2. That the Council hereby adopts the 2001 Legislative Agenda attached hereto as Exhibit "A" and incorporated herein by this reference. Passed and adopted at regular meeting of the Council of the City of Fort Collins this 2nd day of January, A.D. 2001. Mayor ATTEST: City Clerk City of Fort Collins 2001 Legislative Agenda CRY of Fort Collins Draft December 26, 2000 • City of Fort Collins 2001 Legislative Agenda Executive Summary Part 1 AFFORDABLE HOUSING CULTURAL SERVICES Support Support Involvement by state and federal governments in order to Funding forcultural services for the education,entertainment maintain current levels of HUD funding. and enrichment of the community. ` Amendment of State rent control statute to exeludea€ferdable 4 The creation and presentation of the arts. _exempt rent controls imposed for the purpose of maintaining the affordability of . Strengthening the role of culture and the arts in our educational housing. system. Oppose Preserving our cultural heritage Legislation that limits our ability to generate alternative sources 'r Public access to and awareness and appreciation of the arts. of funding,especially through public-private partnerships. Legislation that limits the City's ability to regulate and manage EDUCATION affordable housing issues. Support Funding for K-12 and higher education AIR QUALITY Fair funding mechanisms(progressive measures)that provide Support real dollars and are not regressive State and Federal standards that improve air quality and public Consideration of other viable funding options health protection. Legislation that provides for the local option to impose school Encouragement of regional planning efforts impact fees. The ability of County and State Health Departments to have a the responsibility,authority and resources necessary to enforce ENVIRONMENTAL QUALITY regulations adopted by the Colorado Air Quality Control Support Commission • Flexible application of financial resources Enforcement of County, State and Federal air quality regulations Local efforts to plan and regulate the interrelationships of land Using economic incentives and disincentives,removing hidden use,transportation and air quality. cost subsidies to motor vehicle users etc.in order to facilitate Oppose the reduction of vehicle miles traveled. Preemption of local authority to adopt environmental and land Inspection/maintenance legislation that contributes to the use ordinances, reduction of tailpipe emissions per mile and helps prevent total Restriction of local government environmental and land use vehicle emissions from increasing after the year 2000 without authority now authorized by the Colorado Constitution. unreasonable compliance costs. e More stringent tailpipe standards FEDERAL BUDGET Establishment of equal standards for cars,light trucks and sport utility vehicles Support o Fuel neutral standards for gasoline and diesel that decrease Equitable review and treatment of all federal programs during sulfur content of fuels and that promote advanced low emission the budget process. vehicle technology Critical review and updating of federal tax expenditures. r Increased fuel efficiency of motor vehicles Postponement of tax cuts until federal budget is balanced and Increased energy efficiency and use of renewable energy responsible funding levels for social security and Medicare are resources(excluding residential woodbuming) resolved. Pollution prevention measures Direct federal to local funding for high priority local needs. Colorado's self-audit law Balanced budget and reduction of national debt. Oppose Oppose Restricting local governments authority to improve air quality + Federal budget cuts that result in higher burdens being placed beyond minimum state or federal requirements on cities and towns. Adoption of standards that weaken current air quality standards. Converting local assistance to state or federal control • 1 Federal Budget Oppose cont........................................................ HOME RULE :• Altering accounting,procedural or budget rules in place of actual Support deficit reduction Strengthening home rule authority of local municipal governments. FINANCE oppose Support Mandating state or federal intervention in matters of local Maintaining existing and providing additional financing methods concern for local government to support provision of municipal services. Limiting the City's ability,as a home rule municipality,to Public and private economic development efforts that are regulate the possession or use of firearms or other deadly consistent with the City's economic development policies weapons. (benefits should be shown to exceed costs). INVESTMENTS Equitable policies among taxing jurisdictions when offering Support financial incentives to business. Protection of investments by government entities. Removal or modification of key provisions of Article X,Section S Adequate investment disclosure. 20,that inhibit public entities to receive and retain user fees for Oppose services that residents and customers desire. Requirement of municipalities to participate in investments that s Equitable tax treatment of sales and use taxes to residents and do not meet the objectives set fort in the City's policies. corporations residing or doing business in cifies and towns ❖ Any restrictions on the City's abilities to adopt its own whether the transaction is made electronically,or by mail. investment policies. Oppose State mandated reductions to property tax structure without LIBRARY SERVICES specific revenue replacement provisions. The tax base must be as broad as possible and that exemptions be extremely limited. Support :• Reduction of City's sales and use tax revenue base Providing library services to people of all ages,abilities,income Limitations on the use of franchise fees and user charges for levels and ethnicity. businesses that conduct business within public rights of way. Intellectual freedom and access to information. ? Funding library services FIRE PROTECTION Providing children and adults with the skills they need to read to proficiently and to use the information resources available in a Support modem,global information society. A minimum standard for fire code enforcement in existing and Enhancement of the City's ability to provide library services for newly constructed structures(Uniform Fire Code should be the interest, information,enlightenment and lifelong learning. 1997 or later). Municipalities imposing more restrictive standards for fire code ELECTRIC SERVICES&UTILITY enforcement. Municipal,county and fire district control regarding the prohibition and of use and sale of all fireworks. Fire safety education that leads to the prevention of injury,loss Support of life and property damage. Net Metering legislation that addresses safety,cost recovery and ro er energy creditas a way to promote renewable Anprnv HAZARDOUS MATERIALS MANAGEMENT Support Support Municipal systems retaining the flexibility to establish Municipal control of risks associated with the use,storage,and restructuring rules if necessary. transportation of hazardous materials. Furthering the development of competitively effective wholesale o Environmental impact assessments, health risk assessments markets. and receipt of a Certificate of Designation from counties or Protecting consumers(residential,low income,fixed income, municipalities,to establish new hazardous waste incineration small business and small agricultural customers)from adverse facilities. rate effects and the inability to participate in a restructured Pollution prevention programs market. •• Enforcement and strengthening of state hazardous materials Comprehensive enforcement mechanisms to prohibit power regulations. suppliers from engaging in unfair trade and marketing practices. Oppose Licensing requirements for new electric suppliers. Restricting the City from adopting local strategies for hazardous Rates being established on cost-based principles determined by materials and waste reduction. the local governing body. Restricting the City's ability to review and approve the location of facilities that use or store hazardous materials or waste. 2 Retail Wheeling Support NATURAL AREAS&OPEN LANDS cont......................................................... Support 'r Aggregation programs so smaller power providers can have Tax incentives for voluntary land conservation by private effective buying power. landowners. Full recovery of costs associated with distribution of electric Additional funding for state and federal land conservation power. programs. o Taxes and fees on electric services that have been affected by Federal adoption of the Technical Connections Bill er the Cache la Poodle River CaridorAct retail restructuring(bundled or unbundled). Oppose Municipal utilities determining the nature and amount of any Restricting local government environmental and land use standard costs or benefits from retail restructuring. regulatory authority. All industry sectors adhering to same requirements concerning •S Reducing the effectiveness of existing federal and state open meetings and public records. protection for wetlands,wildlife habitats,and other sensitive AIII suppliers must maintain sufficient capacity to meet peak natural areas. demands and adequate reserves as required under current laws,regulations and reliability standards. 4 Establishing anegionaltranewnisapn organization elrnagnuon,outingismpernented. OBSOLETE SUBDIVISIONS, VACATION OF :• The municipal utility retaining the right to meter and bill Support customers,investigate and claim recovery for energy diversion Review of all subdivisions up to 160 acres,by the County,to and disconnect service for nonpayment allow jurisdictions to vacate obsolete plats and subdivisions, All utilities having the opportunity to offer value-added products where appropriate. and services. E• Retail restructuring legislation that has an"effective date". PARKS& RECREATION •• Municipal Utilities have the right to determine costs charged to Support the consumer and the extent to which municipal utilities must .• Funding forparks,trails,forestry,horticulture and recreation supply service to distribution customers. services and facilities. The General Assembly providing programs to financial assist The Colorado Lottery and its current distribution of lottery low-income consumers,to educate consumers about the proceeds restructured electric market and provide retraining of utility Great Outdoors Colorado and full funding for municipal employees for retail restructuring legislation. government projects,with maximum local discretion regarding '+ voluntary cusbmer options m punchiest,Rnexabe enei local needs and priorities. Current Colorado laws regarding utility compensation for Partnerships that improve the provision of parks and recreation territory transfers resulting from annexations. services and facilities to the community. e Regulated n onowy set foro-ansmtssun and dislibution functions. ❖ Promoting programs for youth and at-risk teens and for persons .• Municipal utilities being the provider of standard offer service to with disabilities, customers who do not choose an alternate power supplier. Oppose PLANNING & LAND USE Federal and/or state mandates requiring municipal utilities to Support implement retail restructuring. Establishment of programs to remove barriers to effective local Interference with local decision-making ability. land use planning and land development. Exercise of market power. Establishment of programs that promote intergovernmental or Unfair trade and marketing practices. regional cooperation in land use planning and land development MUNICIPAL UTILITY SERVICE TERRITORY regulation. A baseline of consistent and coordinated basic land use and Support transportation planning. Allowing citizens the ability to determine the level and extent of Oppose municipal services they will receive. a Limiting local government authority to regulate land Limiting a municipality's right to annex or to provide services to development. any of its citizens. A Extending the definition of a compensable taking beyond the provisions of existing court decisions and case law. Limiting a municipality's right to annex or to provide services to any of its citizens. ❖ Broadening the definition of vested property right beyond the provisions of current state law. • 3 PRIVATIZATION RECYCLING &SOLID WASTE Support Support :• Provision of services through private enterprise when in the Integrated waste management planning for local and regional public's best interest. communities. Local control for awarding contracts Incentives and funding for efforts by local government and Oppose private enterprise :• Mandates that increase the complexity and cost of service Mandate ry"buy recycled"for state procurement. without improving those services. .• Expanding state and regional markets for materials collected in local recycling programs. PUBLIC SAFETY&VIOLENCE PREVENTION Broadening the regulatory authority of local government to ensure the efficient collection and processing of recyclable Support material and solid waste. Local,state and national funding efforts for the provision of Establishing a solid waste goal up a306arbow for Colorado's rate community-based mediation and other alternative dispute of diversion of its waste stream from landfill disposal. resolution services. a State involvement regarding monitoring data on trash volumes The expansion of mediation services. and rates of diversion from landfill disposal. Community outreach and education efforts to provide effective Implementation of"pay as you throw"programs throughout conflict resolution and communication skills to citizens in need. Colorado. :• Collaborative efforts between City-sanctioned mediation Corporate incentives to use secondary material in services and youth-based dispute resolution programs. manufacturing. 0 pose Consideration of landfill surcharges in Colorado that would fund recycling efforts. Support Consideration of certain waste restrictions in Colorado landfills Reducing incidents of violence especially youth violence. e.g."green'ban of organic materials;or"white goods"ban. r Development of treatment and intervention programs for youth Oppose violence. o Limiting local government the ability to regulate the activities of private waste or recycling collectors. Greater protection for victims of domestic violence. o Limiting local government the ability to provide waste or + The City's right to use camera radar and red-light camera to recycling collection or processing services to citizens. establish fines for traffic violations detected by its use. :• Legislation that would amend state law relating to the issuance SALES&USE TAX of concealed weapon permits so as to vest the authority with Support CBI atno tout to the municipality in which the applicant nisides� a pP e. Local control over base,rates,collections and administration of Financing be bome�of as sty!hea tewide ewide communications program. sales and use taxes. Oppose Cooperative efforts by governmental agencies and business Programs that compromise officer's safety,support drug use entities to simplify sales and use tax collection and maintain uniform definitions. and do not have a proven track record in reducing drug abuse. • Oppose ❖ Limiting local access to State data banks/motor vehicle records Creating state sales and use taxes exemptions that would for communities that do not comply with photo radar legislation. contradict current local interpretations. Preempting local authority to impose and collect sales and use PUBLIC SAFETY PENSIONS taxes. Oppose e• Reducing the current state funding of these benefits SOVEREIGN &GOVERNMENTAL IMMUNITY :• Shifting funding of these benefits to local governments beyond Support current proportions. . Protecting the interests of municipalities in the lawful and proper performance of their duties and responsibilities. a Discouraging baseless and frivolous claims and demands that can be made against municipalities. Oppose Increasing municipal liability. 4 SPECIAL IMPROVEMENT DISTRICTS Telecommunications Support Supportcant............................................. ❖ Local governments ability to create special improvement districts Local control for: Collection of delinquent assessments 1. Zoning requirements and siting standards for Strengthening the lien position of assessments above ground telecommunication transceiver Lienholders to foreclose special assessment liens quickly and structures. reduce carrying costs. 2. Local public rights of way ❖ Reducing the complexities of obtaining clear title to properties 3. Adhering to customer service standards acquired through the Treasurer's Deed process. 4. Mitigating negative impact on local infrastructures 5. Recovering costs associated with rights of way TAX EXEMPT FINANCING maintenance. Support 6. Managing methods of facilities installation. Tax Exempt Financing for facilities owned by municipal utilities • Granting franchises to telecommunication companies. and political subdivisions of the states. Rights of Way(ROW)for the installation of telecommunications Public Power systems issuing tax-exempt bonds. facilities to engage in private,for profit enterprise demands a fair Oppose payment for the use of public assets as permitted by law. Any changes in the tax laws that would limit use of tax exempt Maximizing the City's ability to access telecommunication financing. resources. The federal government taxing the revenue generators(relied The application of fair and reasonable fees for all users of the upon by the state and local governments). rights of way. Proposals that block municipal service in annexed areas. Adequate allocation of public radio frequencies for public safety, Restricting a community's public power entity to sell power from emergency services,public works,etc. existing facilities. The ability to charge for the cost acquisition,compilation, provision of or access to,electronic and hardcopy public data information. TELECOMMUNICATIONS Support TRANSPORTATION Public access to municipal and community information Support Individual right to privacy and the right of access to public Meeting basic transportation needs via cooperation between records for citizens using the information infrastructure. local,county,state and federal governments. Universal access to telecommunications services by citizens, commercial,educational and governmental sectors. ••• Current Highway User Tax Fund(HUTF)allocation of 60%state, :• Open marketplace for telecommunications services in a 22%counties and 18%municipalities. competitively neutral environment. Share back with local governments any appropriation for transportation from the state using the 60-22-18 formula. Fund analysis and implementation of the linkages between commuters and rail/transit alternatives. ° Regional planning for alternative transportation and a modal Ad& 10%hm single occupant vehicle usage fu alterrerne modes of trevel. + Increased funding for transportation with Flexibility for all modes of transportation. o The full appmpnafiN and use of federal transportation trust funds and motor fuel taxes for federal,state or local transportation purposes. Highway Users Tax Fund(HUTF)monies flowing directly to the transportation needs for which they are intended by changing budget support to the state general fund for the Colorado State Patrol and Ports of Entry, rather than the current practice of"off the top"diversions from HUTF. • 5 WATER UTILITIES Support-General Reasonable limitation of liability for Water,Stormwater and Wastewater operations. e Legislation that maintains the authority delegated to the state to administer federally mandated water,storm-water and wastewater environmental regulatory programs(primacy). .• Reasonable water quality control regulations that are cost effective and can show identifiable benefits. ApMnbmntof directors for water conservancy districts. Local development of watershed protection efforts. o Cooperation between City Water Utilities and other water and wastewater treatment providers. Support—Water Limiting the federal government's ability to affect water rights a State and federal funding of mandated programs under the Safe Drinking Water Act. Oppose—Water Any legislation not founded on sound and comprehensive scientific research. :• Any clean water legislation or regulations that do not consider the impact on other contaminants and the contaminant removal process. Support—Wastewater :• State and federal funding of mandated programs under the Clean Water Act o Providing the state with the flexibility to tailor federal legislation and regulations to local conditions. Oppose—Wastewater :• Clean water legislation or regulations not founded on sound and comprehensive scientific research. Any clean water legislation that ignores a potential impact on contaminants and the contaminant removal process. WORKER'S COMPENSATION Support Improving the administrative efficiency of the Division of Workers'Compensation. Oppose Increasing insurance premium costs to employers Adding administrative burdens or taxes to self-insurance programs. Promoting litigation 6 Part 2 The Fort Collins City Council 2001 Legislative Agenda Draft December 26, 2000 • TABLE OF CONTENTS Introduction 3 Legislative Staff Liaison Members 5 Air Quality 6 Cultural Services 8 Library Services 8 Education 9 Electric Services & Utility 9 a. Net Metering 9 b. Retail Wheeling 10 c. Tax Exempt Financing 13 Environmental Quality 15 Federal Budget 15 Finance 17 a. Investments 18 b. Privatization 18 c. Sales and Use Tax 19 Fire Protection 19 Hazardous Materials Management 20 Home Rule 20 Municipal Utility Service Territory 21 Natural Areas & Open Lands 22 Parks & Recreation 23 Planning & Land Use 23 a. Affordable Housing 24 b. Obsolete Subdivisions, Vacation of 25 Public Safety & Violence Prevention 25 a. Neighborhood Resources 25 b. Police Services 26 c. Public Safety Pensions 27 Recycling & Solid Waste 27 Sovereign & Governmental Immunity 29 Special Improvement Districts 29 Telecommunications 30 Transportation 32 Water Utilities 33 a. Water 34 b. Wastewater 34 Worker's Compensation 35 2 CITY OF FORT COLLINS Fort Collins is located next to the Rocky Mountains in northern Colorado, 60 miles north of Denver. The population of the City is approximately 110,000 and growing with a land area of 45 square miles. The town of Fort Collins was incorporated by an order of the Board of County Commissioners of Larimer County, Colorado on February 3, 1873. The present Charter of the City of Fort Collins establishes a Council-Manager form of government. The electors of the city adopted this on October 5, 1954. INTRODUCTION The City of Fort Collins' 2001 Legislative Agenda identifies issues of importance to the City of Fort Collins. The Agenda expresses policies and positions on issues that affect the quality of life and the governance of our community. We offer this Agenda to our Legislators as a guideline when considering legislation that impacts Fort Collins. The issues identified have historically been addressed by the General Assembly and may also apply to some federal legislation. The policy statements in the 2001 Agenda were developed in advance of the 2001 General Assembly, and are very broad and are not all-inclusive. The City will continue to contact Legislators regarding City positions on specific bills throughout the 2001 legislative session. We encourage Legislators to contact Fort Collins City Council Members and our Legislative Affairs Coordinator should they have any questions regarding our policy positions. 3 FORT COLLINS LEGISLATIVE REVIEW COMMITTEE The Legislative Review Committee is a representative group of Council members that review proposed legislation and express City policy in reaction to'legislation. Legislation that cannot be compared to previous City policy, as identified in the Legislative Agenda, is referred back to the full Council for consideration before any position is taken. Council Members presently serving on the Legislative Review Committee are: ♦ Mayor Ray Martinez, Chair ♦ Karen Weitkunat ♦ Kurt Kastein Staff supports the Legislative Review Committee by contributing expertise in various areas of municipal service. The City works closely with the Colorado Municipal League on all legislative items. 4 Legislative Staff Liaison Members (2001) igg vei . Mayor At-Large Office Phone: 970/416-2154 Ray Martinez Email: rmartinez@ci.fort-collins.co.us Councilmember 2 Office Phone: 970/221-6509 Kurt Kastein Email: kkastein@ci.fort-collins.co.us Councilmember 4 Office Phone: 970/221-6509 Karen Weitkunat Email: kweitkunat@ci.fort-collins.co.us { 3 R... P! a. Gi �y ma o 'tx City Manager John Fischbach 970-221-6505 'fischbach@ci.fort-collins.co.us Deputy City Manager Diane Jones 970/221-6508 diones@ci.fort-collins.co.US General Ginny Brown 970/221-6796 vbrown@ci.fort-collins.co.us Air Quality Lucinda Smith 970/224-6085 lsmith@ci.fort-collins.co.us Cultural &Library Services Marty Heffernan 970/221-6064 mheffernan@ci.fort-collins.co.us Electric Services &Utility Dennis Sumner 970/221-6718 dsumner@ci.fort-collins.co.us Environmental Quality Susie Gordon 970/221-6265 (Recycling & Solid Waste s ordon@ci.fort-collins.co.us Finance Alan Krcmarik 970/221-6788 akrcmarik@ci.fort-collins.co.us Fire Protection & Kevin Wilson 970/221-6570 Hazardous Materials Management kwilson@ci.fort-collins.co.us Housing Authority Julie Love 970/416-2917 jlove@ci.fort-collins.co.us Legal Steve Roy 970/416-2520 sroy@ci.fort-collins.co.us Natural Areas & Open Lands Tom Shoemaker 970/221-6263 tshoemaker@ci.fort-collins.co.us Parks &Recreation Marty Heffernan 970/221-6064 mheffernan@ci.fort-collins.co.us Planning& Land Use Tom Vol 970/221-6224 tvosburg@ci.fort-collins.co.us Public Safety & Violence prevention Rita Davis 970/221-6628 (Police Services rdavis@ci.fort-collins.co.us Public Safety&Violence Prevention Jenny Meadows 970/224-6022 (Neighborhood Resources 'meadows@ci,fort-collins.co.us Special Improvement Districts Alan Krcmarik 970/221-6788 akrcmarik@ci.fort-collins.co.us Technology Liz Stroh 970/221-6522 Istroh@ci.fort-collins.co.us Transportation Ron Phillips 970/221-6751 rphillips@ci.fort-collins.co.us 5 = L k AIR QUALITY The City's adopted Air Quality Policy Plan established a strong overall air quality goal "to continually improve Fort Collins air quality as the City grows" and defined a policy framework for continuing actions to improve air quality. Several of these policies support taking a position on air quality matters that may impact the city. The City supports adoption of state and federal standards that provide for improved public health protection and improved air quality. The City supports adoption of standards that are stringent enough to protect regional air quality, because air sheds do not specifically or necessarily follow urban boundaries. The City opposes adoption of standards that constitute a weakening of current air quality standards. Therefore, the Fort Collins City Council supports the following policy statements: 1. Oppose any action of the State Legislature that restricts local government authority to improve air quality beyond minimum State or Federal requirements. 2. Support legislation that encourages regional planning efforts for regional issues that cannot be solved through City action in isolation, e.g. the brown cloud. 3. Oppose the adoption of standards that constitute a weakening of current air quality standards. The City's adopted objective for commercial and industrial sources are to reduce total emissions from such sources. The City does not, however, enforce State regulations on stationary air pollution sources, but rather continues to rely upon the Colorado and Larimer County Health Departments to assure that local sources comply with Colorado Air Quality Control Commission regulations. Therefore, the City supports the following policy statements: 1. Support legislation to assure that the State and County Health Departments have adequate responsibility, authority, and resources (funding and personnel) to enforce regulations adopted by the Colorado Air Quality Control Commission. 2. Support legislation that assures the enforcement of Federal, State, and County air quality regulations including air toxins. 6 The City's adopted objective for motor vehicles is to prevent total vehicle emissions from rising after year 2000, by reducing the growth rate of total vehicle-miles of travel, and by reducing tailpipe emissions per mile from motor vehicles. Therefore, the City FoFt GGIIORa Gi%y GQuacg supports the following policy statements: 1. Support legislation that uses the price mechanisms of the free market to shift citizen and business travel behavior toward actions that reduce vehicle miles of travel, including removing hidden cost subsidies to motor vehicle users, employing economic incentives and disincentives, and other market approaches. 2. Support inspection/maintenance (I/M) legislation that will further reduce tailpipe emissions per mile and help prevent total vehicle emissions from rising after year 2000. The City is committed to working with other communities to craft future I/M legislation that is flexible enough to allow each community to pursue its air quality goals. To that end, the City participates with the North Front Range Transportation and Air Quality Planning Council in a committee process to evaluate inspection and maintenance needs. 3. Support legislation and regulations that make tailpipe standards more stringent, that establish equal standards for cars, light trucks and sport utility vehicles, that set fuel neutral standards for gasoline and diesel that decrease sulfur content of fuels and that promote advanced low emission vehicle technology. 4. Support legislation and regulations that increase the fuel efficiency of motor vehicles and supports ongoing research to improve the safety of smaller vehicles. 5. Support legislation and regulations that increase energy efficiency and the use of renewable energy sources excluding residential wood-burning in order to reduce the impact by the Fort Collins community on global warming. 6. Support legislation and regulations to promote pollution prevention. 7. Support Colorado self-audit law. CULTURAL SERVICES The City recognizes that art and culture are vitally important to the quality of life of our community and is committed to providing the citizens of Fort Collins with excellent cultural services. Therefore, the City V;Q;% GQlIiRs Gity Goua4;4 supports the following policy statements: 1. Support funding for cultural services for the education, entertainment and enrichment of the community. 2. Support the creation, performance and presentation of the arts. 3. Support strengthening the role of culture and the arts in our educational system. 4. Support preserving our cultural heritage. 5. Support public access to and awareness and appreciation of the arts. LIBRARY SERVICES The City recognizes the critical importance of free access to information resources in a democratic society and is committed to providing the community with excellent library services. Therefore, the City supports the following policy statements: 1. Support providing library services to people of all ages, abilities, income levels and ethnicity. 2. Support intellectual freedom and access to information but provide parents and guardians with options to filter internet access for minors. 3. Support legislation that enhances the City's ability to provide library services for the interest, information, enlightenment and lifelong learning of all people. 4. Support providing children and adults with the skills they need to read proficiently and to use the information resources available in a modern, global information society. 5. Support funding for library services. 8 EDUCATION The Fort Collins City Council recognized that a well-maintained and funded educational system is critical to economic vitality and the continued health of the community. Therefore, the City - I Q "' ­11 QowacU supports the following policy statements: 1. Support legislation for additional educational funding for K-12 and higher education. 2. Support the development of reliable and fair funding mechanisms, such as graduated income taxes or progressive measures, which result in real additional dollars and are not regressive. 3. Support the consideration of other viable funding options. 4. Support enabling legislation to clearly provide for the local option to impose school impact fees. ELECTRIC SERVICES AND UTILITY Net Energy Metering is a method of measuring the net amount of electricity a customer would use if they were to receive electricity from a utility and also from a generation source of their own (solar cells, natural gas generators, etc.). A single electric meter would measure the electric energy flowing into the customers' premises which would be reduced if the customer were adding their own generation to their supply. If the customer's generation produced more energy than they consumed, the excess power would flow into the utility system and the meter would run backwards reflecting a negative net energy flow. In 1997, Colorado State House Bill 1305 titled "A BILL FOR AN ACT CONCERNING NET ENERGY METERING FOR ELECTRIC POWER" was introduced by Representative Mark Udall in the House Transportation and Energy Committee. The bill did not make it out of committee and, at that time, was opposed by the Colorado Association of Municipal Utilities (CAMU) for reasons related to deregulation issues, not the bill per se. It is expected that the legislature will again take up legislation on net metering. 9 Therefore the City Gi%y Qf raoFt GolliAr G44, GQwAGi1 supports net metering legislation as a way to promote renewable energy if the following items are addressed: 1. Safety -- for the protection of utility employees and the public the facility must be in accordance with applicable codes and standards. These include National Electrical Code and Utility requirements; 2. Cost recovery -- reasonable fixed costs of transmission, distribution and generation backup are recovered from the customers on the program; and 3. Energy Credit -- generated energy from the customer would be credited at the appropriate cost reduction to the Utility. The Colorado electric utility industry has consistently delivered high quality, reliable power at comparatively low rates. The 29 municipally-owned electric systems in Colorado, which supply electric service to more than 650,000 citizens, are concerned about the impact of retail restructuring and the affect it may have on our customers and the economy of the state. While the City of Fort Collins favors the availability of low cost electric supply to all customers, there are several issues that must be resolved before retail restructuring can benefit all Colorado consumers. The electric utility industry is very unsettled with active debate being carried on about a number of serious issues. These include a looming deficit of generation capacity in Colorado; transmission constraints that limit the movement of power into the areas where a majority of Colorado residents live; the potential formation of regional transmission organizations; the future funding and operation of federal hydro power facilities; and the potentially anti-competitive effects of mergers and acquisitions. In November of 1999, after studying the issue for more than 15 months, the majority of the Colorado Electricity Advisory Panel determined in its final report that "restructuring is not in the best interests of all Colorado electricity consumers and the state as a whole." Restructuring is premature unless it can be demonstrated that all consumers will benefit from a restructured market and specific restructuring legislation. Therefore, the City supports the following policy statements: 1. Oppose any federal and/or state mandate requiring municipal utilities to implement retail restructuring. In order to preserve local decision making and as supported in the Electricity Advisory Panel's (EAP) report, municipal utilities must be given an option to determine the extent and manner to which retail restructuring should be implemented in our communities and service areas. 10 2. Oppose any interference with local decision making ability. Rates, terms and conditions for regulated service offered by municipally owned utilities within their service territories should remain the regulatory responsibility of locally elected and appointed governing boards. 3. Support municipal systems retaining the flexibility to establish restructuring rules that pertain to them if they choose to opt into a restructured market. While preserving the maximum degree of local autonomy, the City, recognizes that certain statewide rules or standards of conduct pertaining to competitive supply service may apply to municipal electric systems that choose to participate in restructuring. 4. Oppose exercise of market (monopoly) power. Exercise of market power will hinder the establishment of truly competitive markets and increase costs to all but a limited number of customers. There must be a sufficient number of supporters to make sure there is a robust wholesale market in Colorado. Competitive advantages gained through existing market power in generation should be mitigated prior to retail restructuring moving forward in Colorado. Even higher prices could result from the lack of proper market composition. 5. Support furthering the development of competitively effective wholesale markets. Therefore, competitive wholesale markets should be encouraged by comprehensive reviews of market entry barriers such as siting approval and land use control processes. However, suppliers of electrical energy shall consider all environmental factors as an integral part of planning, design, construction and operating decisions, and shall utilize the best available environmental technology that meets current EPA clean air and water standards. 6. Support consumer safeguards, such as those recommended by the EAP. These should be an integral part of efforts to restructure Colorado's electric market. Customers that may be unable to take advantage of retail restructuring opportunities, including residential, low income, fixed income, small business and small agricultural customers, must be protected from adverse rate effects and the inability to fully participate in a restructured market. 7. Oppose unfair trade and marketing practices by power suppliers. Comprehensive enforcement mechanisms must be established and in place to ensure such practices are not allowed in Colorado. 8. Support adequate licensing requirements for all new entities wishing to provide retail electric supply service in Colorado. tt 9. Support municipal utilities being the provider of standard offer service (existing municipal supplier will be the default electric supplier)to their customers who do not choose an alternate power supplier. Rates shall be established on cost-based principles as determined by the local governing body. 10. Support aggregation programs so smaller customers can achieve effective buying power to participate in a restructured utility market. 11. Support the full recovery of the costs associated with the ownership of the distribution system that delivers the electric supply to the end-use retail customer. These costs may include operation and maintenance, depreciation, system upgrades, administrative costs, franchise fees, payments in lieu of franchise fees and taxes, return on investment, and the costs associated with government mandated programs, including for example, low-income energy assistance, demand side management, and environmental programs. 12. Support that restructuring legislation should make it absolutely clear that the sales transaction occurs where the electricity is used or consumed. Further, there should be an affirmative duty for all providers, regardless of where located, to collect applicable fees and sales and use taxes. Existing revenues to local and state governments should not be adversely affected by retail restructuring. Taxes and fees should apply whether services remain bundled or are unbundled, and apply regardless of whether the provider is in-state or out-of-state. 13. Support municipal utilities retaining the right to determine the nature and amount of any stranded costs or benefits they incur resulting from restructuring. Additionally, we support determining the manner in which any costs or benefits shall be assessed or returned to their customers. 14. Support the same requirements (for competitive electric rates) being applied to all industry sectors concerning open meetings and public records. Municipal utilities should not be disadvantaged by laws that prevent municipalities from expressing views on matters presented to the local electorate. 15. Support that all competitive generation suppliers maintain sufficient energy capacity to meet peak demands and adequate reserves as required under current laws, regulations and reliability standards (Reliability and quality of service must not be degraded). Customers who choose alternative suppliers must secure back- up power to ensure the integrity of the system for the protection of all other customers. 16. Support the establishment of a cost-effective regional transmission organization before retail restructuring is implemented. 12 . 17. Support the distributing municipal utility must retain the right to meter and bill all customers, retain the right to investigate and claim recovery for energy diversion, and retain the right to disconnect service for non-payment. 18. Suppe Oppose legislation that does not maintain transmission and distribution functions to be aaaOAaaed as for a regulated monopoly service. Customers must not be allowed to bypass the transmission and distribution facilities of the local utility. All customers shall have the right to receive reliable distribution and transmission service. 19. Support current Colorado laws, established by the General Assembly and interpreted and upheld by the Supreme Court, to compensate other utilities when service territory transfers occur as a result of annexations. 20. Support voluntary customer options to purchase renewable energy and support tax credits, portfolio standards, wire charges, and government-funded incentives to encourage investments and customer participation in renewable energy. 21. Support the General Assembly funding programs to assist low-income consumers, educating customers about participating in a restructured electric market, and providing utility employee retraining as part of any retail restructuring legislation. 22. Support all utilities having the opportunity to offer value-added products and services. 23. Support any legislation implementing retail restructuring containing an "effective date." This "effective date" must be sufficient to afford utility providers with adequate time to prepare themselves for retail restructuring. 24. Support municipal utilities having the right to determine the following: costs to the customer, and the extent of the obligation to supply service to distribution customers, (who purchase power from other sources then request to return to the municipal utility for power supply services). T" Exempt Financmg _ , r Because the Fort Collins Electric Services department has been debt free, tax-exempt l financing has not been an issue in the past. However, it may be an issue for Platte River Power Authority and could become an issue for the City if it moves into areas of natural gas supply, telecommunications, etc. The City of Fort Collins supports tax-exempt financing for facilities owned by municipal utilities and political subdivisions of the states. The City of Fort Collins is opposed to any changes in the tax laws that would limit use of tax-exempt financing of facilities. 13 Therefore, the City Ropt GgliffiRs Gity GouaW supports the following policy positions: 1. Support public power systems being eligible to issue tax-exempt bonds. Because they are entities of state and local government, providing local choice and local control, just as private power companies are eligible to enjoy certain tax benefits afforded all private corporations. 2. Oppose the federal government taxing the revenue generators relied upon by state and local governments. The underlying principle behind public power's ability to issue tax-exempt bonds lies in our federalist system. State and local governments are not allowed to tax the revenue raising instruments of the federal government; likewise, the federal government should not tax the revenue raising instruments relied upon by the state and local governments. 3. Oppose proposals that block municipal service in annexed areas. Annexation is an important public policy tool that allows local governments to meet their obligation to serve new residents and promote economic development on behalf of the community. Proposals that erect barriers to municipal service in annexed areas would be unfair to newly annexed residents and would severely undermine the ability of local governments to provide essential electric service to the public. 4. Oppose language restricting a community's public power entity the ability to sell power from existing facilities. This could lead to default of existing bonds. This not only jeopardizes the financial stability of the local government, but also presents substantial risk to bondholders. Because tax-exempt bonds have been considered to be safe investments, those affected will be people who can least sustain a financial loss. 5. Although private power companies call for "leveling the playing field," the field is already tilted enormously in the private companies' favor. Private power companies control 75% of the market nationwide, receive huge tax breaks, are not hindered by open meetings and public records legislation, have vast resources at their disposal, and exercise substantial political strength. 6. While private power companies complain about local government's federalist right to finance utilities with tax-exempt bonds, they are actively lobbying in some state legislatures to have stranded costs "securitized" with tax-exempt bonds. 14 ENVIRONMENTAL QUALITY The City of Fort Collins vigorously endorses principles and applies practices to enhance the environmental quality of the City. The City is working toward environmental solutions through cooperative efforts in dealing with land use, transportation, and air quality (LUTRAQ) issues. Therefore, the City RoFt GgIlips Gity Gow;;QU supports the following policy statements: 1. Support legislation that allows the flexible application of financial resources for environmental needs. 2. Support legislation that enables and reinforces local efforts to plan and regulate the interrelationships of land use, transportation, and air quality. 3. Oppose legislation that allows state preemption of local government authority to adopt environmental and land use ordinances. 4. Oppose legislation that restricts local government environmental and land use regulatory authority as now authorized by the Colorado Constitution and Colorado case law. FEDERAL BUDGET In 1994, the City of Fort Collins recommended the need to balance the annual federal budget and to reduce the level of Federal debt. Due to the expansion of the U.S. economy and more prudent financial practices at the federal level, the annual budget is now in balance. The federal government has begun to pay down some of the outstanding debt. Sound financial practices and policies are critical to the economic future of the United States. The City applauds the efforts of the Administration and Congress to improve the financial position of the country. Now, that the annual budget has been balanced, the City recommends that Congress review it's approach to the financial management of the country. To eliminate the deficit Congress made deep cuts in many programs, that support key municipal priorities while at the same time congress left some of the largest entitlement and discretionary programs untouched. With regard to revenue side of the budget equation tax cuts are now being considered that will reduce revenues available for local governments even further.We believe this approach is inequitable and discriminatory and Congress should modify its approach. 15 Fort Collins supports the National League of Cities "Statement of Principles". These principles recognize the need to keep the federal budget in balance and make government more effective and accountable. In addition we believe that addressing America's problems is equally important. Therefore, all budget elements — all entitlement programs, tax expenditures, revenues, defense and discretionary funding must be on the table for equitable financial management. Maintaining a balanced budget and reducing the debt must be balanced with the needs of the nation's states and communities. In the past,federal and local governments have worked cooperativelyto help meet basic needs, such as transit operations and capital improvements, community development block grants, water quality monitoring, and crime prevention. Progress has been made and such programs should not be cut drastically These programs should be continued to provide similar levels of service with modest increases or maintaining their current funding levels It is essential to remember that federal dollars spent at the local level provide the taxpayer with the most direct and recognizable benefit from their federal taxes. Additional drastic, debilitating cuts in local federal spending will undermine any belief that federal taxes benefit the taxpayer. Therefore the City supports the following federal budget policy statements: 1. Support all entitlement programs being treated with some equity in the budget process so that not just local programs bear the burden of program reductions. All entitlement programs, including tax expenditures, revenues, and all discretionary spending, must be "on the table" for discussion. 2. Support review and changing of federal tax expenditures to assure that these programs contribute, along with entitlement programs, to the balanced budget in a manner consistent with all other expenditure programs. 3. Oppose discrimination or favoritism being shown toward any economic or demographic group. 4. Support the Administration and Congress partnering with state and local governments to address problems. Disproportionate burdens should not be placed on cities and towns by inordinately cutting discretionary programs. 5. Oppose direct assistance to cities and towns being converted to state control. 16 6. Oppose modification of accounting, procedural or budget rules to continue to be used to substitute for prudent financial management. 7. Support Congress achieving a balanced federal budget that includes, addresses, and sustains Social Security, Medicare and key state and local programs, prior to making tax cuts. FINANCE As a municipality, the City of Fort Collins faces many complex financial issues. The Fort Collins City Council has adopted Financial and Management Policies to establish guidelines for long-range financial planning and to help in preparing the City's budget. With revenue growth limited by a 1992 amendment to the State Constitution (Article X, Section 20). The City has become even more careful in its approach tofinancial management it has become important to better manage the City's resources. 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. Therefore, the City Po;t Gollips Gi%y GowaG4 supports the following policy statements: • 1. Support the maintenance of existing financing methods in addition to providing additional financing methods for our local government to support provision of municipal services. 2. Support legislation that promotes public and private sector economic developments that are consistent with the City's economic policy. Benefits from economic growth should be shown to exceed costs. 3. Support equitable policies among taxing jurisdictions when offering financial incentives to business 4. Support legislation that would remove or modify key provisions of Article X, Section 20 that inhibit the ability of public entities to receive and retain user fees for services that residents and customers desire. 5. Support promoting the equitable treatment of sales and use taxes to residents and corporations residing or doing business in cities and towns whether the transaction is made on-site, electronically, (e-commerce), or by mail. 6. Support a meaningful balanced study and discussion of Colorado State and . local tax policy. 17 7. Oppose State mandated reductions to the current property tax structure without specific revenue replacement provisions. The City of Fort Collins recommends that taxes be as broad-based as possible and that exemptions be extremely limited. 8. Oppose legislation that reduces the City's revenue base and would subsequently require voter approval for replacement funding. The Fort Collins City Council has adopted investment policies to be used by the City. The policies are reviewed and updated periodically to ensure the quality of the portfolio to maintain liquidity and to maximize the earnings of the portfolio. Therefore, the City . supports the following policy statements: 1. Support legislation designed to protect the investments of government entities. 2. Support legislation that provides for adequate investment disclosure including market value reporting. 3. Oppose any legislation that would require municipalities to participate in investments that do not meet the objectives set forth in the City's policies. 4. Oppose restrictions on the City's ability to adopt its own investment policies. nva zatio The City of Fort Collins spends approximately fifty-eight percent of its budget on outside contracts for goods and services. This level of privatization has given the citizens of Fort Collins good quality and cost efficiency for many years. Therefore the City supports the following policy statements: 1. Support provision of services through private enterprise when in the public's best interest. 2. Support local control of the awarding of contracts and the accountability of local officials for those actions. 3. Oppose mandates that increase the complexity and cost of service without improving those services. 18 The City of Fort Collins levies, administers and collects its own sales and use taxes under its home rule authority. Sales and use tax collections comprise about 57% of General Fund revenues. These revenues would decrease dramatically if the City were forced to adopt the much narrower State sales tax base and revert to centralized State collection of revenues. Therefore, the City supports the following policy statements: 1. Support legislation that maintains local control over base, rates, collections and administration of sales and use taxes. 2. Support cooperative efforts of the State, municipal and business entities to simplify sales and use tax collection and maintain uniform definitions. 3. Support cooperative audits by governmental agencies in order to provide better customer service and minimize disruption to major taxpayers. 4. Oppose legislation that creates State sales and use tax exemptions that would contradict currently compatible State and local interpretations. 5. Oppose legislation at the State and Federal level that preempts local authority to impose and collect sales and use taxes. 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 from fire. Therefore the City PoFt GGIlips City GwjpG4supports the following policy statements: 1. Support legislation adopting a State fire code, the code of choice being the Uniform Fire Code, which establishes a State minimum standard for fire code enforcement in existing and newly-constructed structures. Permit local option for municipalities to impose more restrictive standards. U.F.C. adopted should be 1997 or later. 2. Support legislation that allows the City to continue prohibiting the use and sale of all fireworks and support legislation that allows counties and fire districts to prohibit and/or otherwise control fireworks. 19 3. Support legislation that promotes fire safety education and prevention for all city residents with the goal of reducing injury, loss of life and property damage. 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. Support legislation that allows the City to continue controlling risks from hazardous materials use, storage and transportation through the adopted editions of the Uniform Building and Fire Codes and related local amendments. 2. Oppose legislation that restricts the City's ability to review and approve the location of facilities that use or store hazardous materials or hazardous waste. 3. Support legislation requiring environmental impact and health risk assessments to be prepared and receipt of a Certificate of Designation (CD) from counties or municipalities to establish new hazardous waste incineration facilities. 4. Support legislation to encourage pollution prevention programs (P2) as preferred hazardous materials and hazardous waste management strategies. 5. Support legislation that strengthens the enforcement of state hazardous materials regulations. 6. Oppose legislation that restricts the City from adopting local strategies and regulations for hazardous materials and waste reduction. HOME RULE The City of Fort Collins is a home rule municipality. We strongly believe in the importance of Article XX of the Colorado Constitution. Article XX grants home rule municipalities "full right of self-government in local and municipal matters." Home rule is of utmost importance to the City of Fort Collins and is a concept that the City generally advocates strongly for. The Fort Collins City Council believes that the principle of home rule authority affords the citizens of Fort Collins the following: • greater access to local government; and 20 . ■ increased opportunity for participation and contribution to the decision making process. Home rule authority, enhances the quality of life in the community and the ability of local government to respond to the needs of its citizens. Therefore, the City Port GolliRs City GQwaa supports the following policy statements: 1. Support legislative efforts to strengthen home rule authority of local municipal governments. 2. Oppose legislation that requires State or Federal intervention in matters of local concern and which unnecessarily or adversely affects the City's ability to manage pursuant to its home rule authority. 3. Oppose any legislation that would limit the City's ability, as a home rule municipality, to regulate the possession or use of firearms or other deadly weapon. MUNICIPAL UTILITY SERVICE TERRITORY Cities and towns provide a number of services to their citizens as directed by the • local electorate. These services can include the provision of electricity through a municipally owned and operated utility. As new areas are annexed, the citizens should have the right to the same services as provided to other citizens. Through local elections, those citizens have the ability to determine how and what type of service they receive. Federal or state preemption of this right deprives citizens of their ability to choose. In Colorado, existing law provides compensation to a utility that may lose electric load through annexation. Additionally, the citizens of a city may determine that competing electric utilities are acceptable, or the citizens may have an election to grant a franchise to another utility. Therefore, the City supports the following policy statements: 1. Support efforts that allow citizens to determine the level and extent of municipal services they will receive thus preserving the home rule authority of local municipal governments. 2. Oppose efforts that limit either a municipality's rights to annexation or to provide municipal utility services to any of its citizens. • 21 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. Natural areas and open lands fulfill many roles within our urban environment. They provide habitat for wildlife, maintain scenic beauty, protect water quality, help treat storm-water runoff, store floodwater, provide buffer zones between communities and differing land uses, provide opportunities for passive and active recreation, enhance educational opportunities, and improve the urban setting for people. The City uses many tools in our land protection program, including: fee-simple acquisition of land and water, conservation easements, incentives for voluntary efforts by private landowners, education and outreach, and zoning and development standards within our land use code. 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 WoFt Goll'As Gity GowpQ4 supports the following policy statements: 1. Oppose legislation that restricts local government environmental and land use regulatory authority as now authorized by the Colorado Constitution and Colorado case law. 2. Support legislation that provides tax incentives for voluntary land conservation by private landowners. 3. Oppose legislation that reduces the effectiveness of existing federal and state protection for wetlands, wildlife habitats, and other sensitive natural areas. 4. Support additional funding for state and federal land conservation programs. 5. Support federal adoption of the Technical Corrections Bill for the Cache La Poudre River Corridor Act. 22 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 crime and a greater sense of community because of our quality parks and recreation programs. Therefore, the City supports the following policy statements: 1. Support funding for parks, trails, forestry, horticulture and recreation services and facilities. 2. Support using the proceeds from the Colorado Lottery for awWtscurrent purposes 3. Support Great Outdoors Colorado and full funding for municipal government projects, with maximum local discretion regarding local needs and priorities. 4. Support partnerships that improve the provision of parks and recreation services and facilities to the community. 5. Support programs for youth, at-risk teens, and for persons with disabilities. 6. Supports legislation that expands or enhances volunteerism and community service to address the civic, social and recreational needs of our community. PLANNING AND LAND USE Effective local land use planning and land development regulation contributes greatly to the quality of life enjoyed by Fort Collins residents. State action and legislation can greatly effect the ability of local governments to develop and implement land use plans for their communities. Therefore, the City Fmo;% GG!"As Q%y GQuPQ4 supports the following policy statements: 1. Support legislation that establishes programs to remove barriers to effective local land use planning and land development regulation. 2. Support legislation and establishment of programs to enable intergovernmental or regional cooperation in land use planning and land development regulation. 3. Oppose legislation that would inappropriately limit local government authority to . regulate land development. 23 4. Oppose legislation that would extend the definition of a compensable taking beyond the provisions of existing court decisions and case law. 5. Oppose legislation that would broaden the definition of vested property right beyond the provisions of current of state law. 6. Support specific legislation that would establish a baseline of consistent and coordinated basic land use and transportation planning within the state's rapidly growing communities. This planning should be based on consistent and credible population forecasts and should support growth management techniques such as establishment of urban growth boundaries and adequate public facilities requirements. 7. Oppose efforts that limit a municipality's rights to annexation and limit our ability to serve anyone. e g The Fort Collins Housing Authority is part of an effort undertaken by the City of Fort Collins and Larimer County. The mission of the Fort Collins Housing Authority is to promote: ■ adequate and affordable housing; ■ economic opportunity; and • suitable living environment free of discrimination. Therefore, the City Popt Gollips Gity GowaW supports the following policy statements: 1. Support amendment of State rent control statute to exempt rent controls imposed for the purpose of maintaining the affordability of housing. 2. Support involvement of the state and federal government in order to maintain current levels of HUD funding for affordable housing in Colorado. 3. Oppose legislation that limits our ability to generate alternative sources of funding, especially through public-private partnerships. 4, Oppose any legislation that would limit the City's ability to regulate and manage affordable housing issues. 24 • s � Many states in the west allow local governments to vacate obsolete plats and subdivisions that do not meet current planning and development standards. Colorado does not. Generally obsolete is defined as follows: a) platted at least a decade ago, b) does not meet current planning standards, and c) is either substantially undeveloped or threatens public health and safety based on conditions not known at the time of final plat approval. Additionally, a subdivision may be considered obsolete if a developer has breached a development agreement with the local government. Obsolete would not include vested rights. Therefore, the City supports the following policy statement: Support legislation that allows the County to review all subdivisions up to 160 acres, and would allow jurisdictions to vacate obsolete plats and subdivisions, where appropriate. PUBLIC SAFETY AND VIOLENCE PREVENTION E, �a'�5�hoo�R so rce The City recognizes that early intervention and alternative dispute resolution . services are important tools in restoring and maintaining strong and safe neighborhoods in Fort Collins. By empowering individual citizens to resolve their own problems peacefully and permanently, quality of life is improved for the entire community. Therefore, the City supports the following policy statements: 1. Support local, state, and national funding efforts for the provision of community- based mediation and other alternative dispute resolution services. 2. Support the expansion of mediation services to meet the needs of a growing and diverse Fort Collins community. 3. Support community outreach and education efforts to provide effective conflict resolution and communication skills to any citizen group requesting or in need of such. 4. Support collaborative efforts between City-sanctioned mediation services and youth-based dispute resolution programs to share resources, information, and training. • 25 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. The City Council is particularly concerned with the issue of violence, particularly youth violence, in the community and has adopted this matter as one of its policy agenda items. Therefore, the City supports the following policy statements: 1. Support legislation that has the potential of reducing incidents of violence in the community, with special attention to legislation directed towards the escalating problem of youth violence. 2. Support legislation that impacts youth violence problems through the development of treatment and intervention programs. 3. Support legislation that provides greater protection to victims of domestic violence. 4. Support legislation that respects the City's right to use camera radar and red-light camera and to establish fines for traffic penalties associated with its use. 5. Support legislation requiring the state to support the use of camera radar, recognizing it as an effective tool, not a "money making" device as reported by the legislature. 6. Support legislation that would amend state law relating to the issuance of concealed weapon permits so as to vest the authority to issue such permits with the Colorado Bureau of Investigation (CBI) at no cost to the municipality in which the applicant resides ' 7. Oppose programs that compromise officers' safety, support drug use and do not have a proven track record in reducing drug abuse. 8. Limiting local access to State data banks motor vehicle records for communities that do not comply with photo-radar legislation. 9. Support increased funding to finance a statewide communications program. 26 The Fort Collins City Council recognizes police officer and firefighter pension, death and disability benefits are unique and are jointly funded by the state and local governments. Changes in state funding levels for these benefits may affect the City's ability to provide public safety services and place new financial burdens on the City. Therefore, the City supports the following policy statement: • Oppose legislation that reduces current state funding of these benefits or shifts funding to local governments beyond current proportions. RECYCLING AND SOLID WASTE Waste collection responsibility is shared by three entities; private businesses, the City of Fort Collins, and Larimer County. Solid waste and recycling collection services are provided by private businesses in Fort Collins. Private haulers deliver waste to two landfills: one is owned by Waste Management of Northern Colorado and is located in the town of Ault; the second one is the Larimer County Landfill, which is jointly owned by Larimer County, the City of Fort Collins, and the City of Loveland. The majority of collected recyclables are delivered to the Larimer County . Recycling Center that is owned by Larimer County and operated by a private company. The City of Fort Collins regulates the operation of private trash haulers through licensing requirements that include: 1. A mandate to provide recycling collection service to both the residential and commercial sectors; 2. A provision of curbside recycling to residential customers at no additional charge; 3. An application of variable trash rates to residential customers. In addition, the City provides a variety of public information and outreach programs to encourage recycling in the community. ti� Therefore, the City PoFt GolliRs Gity GouPGUsupports the following policy statements: 1. Support integrated waste management planning for local and regional communities. 2. Support legislation that provides incentives and funding for efforts by local government and private enterprise to promote waste reduction, reuse and recycling. 3. Support aaaadatwa "buy recycled" policy for state procurement. This will ultimately lead to increased opportunities for local recycling efforts for citizens because greater demand will be present-for "end products" and the market-will provide more profitable pricing. 4. Support legislation that expands state and regional markets for materials collected in local recycling programs. 5. Support legislation that broadens the regulatory authority of local government to ensure the efficient collection and processing of recyclable material and solid waste. 6. Support establishing a solid waste goal of up to 35% or better for Colorado's rate of diversion of its waste stream from landfill disposal. 7. Support increased involvement by the State in monitoring data on trash volumes and rates of diversion from landfill disposal. 8. Support legislation that requires implementation of variable ("pay as you throw") trash rates throughout Colorado. 9. Support corporate incentives to use secondary material in manufacturing. 10. Support consideration of landfill surcharges in Colorado that would fund recycling efforts. 11. Support consideration of certain waste restrictions in Colorado landfills e.g. "green" ban of organic materials, or "white goods" ban. 12. Oppose legislation that limits the ability of local government to regulate the activities of private waste or recycling collectors to ensure the provision of efficient solid waste and recycling services. 13. Oppose legislation that limits the ability of local government to provide waste or recycling collection or processing services to citizens. 28 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. Support legislation that protects the interests of municipalities and their officers and employees in the lawful and proper performance of their duties and responsibilities. 2. Support legislation that discourages baseless and frivolous claims and demands that can be made against municipalities and their officers and employees. 3. Oppose legislation that expands or increases municipal liability, or, conversely, further limits municipal immunity. SPECIAL IMPROVEMENT DISTRICTS The City of Fort Collins intends to maintain special improvement districts as a viable financial tool for needed infrastructure improvements. It provides adequate and accurate disclosure to investors purchasing special assessment bonds. The City supports the following policy statements: 1. Support the ability of local government to create special improvement districts. 2. Support legislation that facilitates the collection of delinquent assessments and strengthens or maintains the lien position of those assessments. 3. Support legislation that enables lien-holders to foreclose special assessment liens quickly and reduce carrying costs. 4. Support any reduction in the complexities of obtaining clear title to properties acquired through the Treasurer's Deed process. • 29 TELECOMMUNICATIONS The Fort Collins City Council encourages the development of advanced telecommunication services and systems to enhance economic development, public policy development, and citizen involvement in the community and in local government. Therefore, the City supports the following policy statements: 1. Support public access to municipal and community information in order to promote citizen involvement in the community and local government. Greater public access to broad and diverse information will promote deliberative democracy and will enhance public policy development. 2. Support legislation that protects the individual right to privacy and the right of access to public records for citizens using the information infrastructure. Note. when using the world-wide-web user privacy will be respected and the government will not compile profile information to identify the user. 3. Support universal access to telecommunications services by all citizens, as well as by the commercial, educational and governmental sectors. 4. Support an open marketplace for telecommunications services in a competitively neutral environment . Note: The City will not give any advantages to one company over another. An integral component of this open marketplace is the appropriate application of regulations to functionally equivalent telecommunications services as permitted by law. Therefore, the City strongly supports the preservation of local authority in relation to matters of local impact, including: 1. Support establishing zoning requirements and siting standards for siting above ground telecommunications transceiver structures such as antenna towers and satellite dishes; 2. Support efficiently and safely managing local public rights of way, by requiring adherence to construction standards, permitting, scheduling, and providing for full cost recovery; 30 3. Support adhering to customer service standards that are not otherwise provided for at the federal or state levels; Note: Federal and State legislation may have customer service standards that companies must comply with. In some cases, local government may want to add standards that are not covered by the federal or state government especially if there are on-going problems in some services delivery area. 4. Support mitigating negative impacts on local infrastructures (such as streets); recovering costs associated with rights-of-way maintenance; and managing methods of facilities installation (pedestals, overhead, underground); 5. Support collecting tax revenues as permitted by law from merchandise purchases made via electronic media; 6. Support preserving local taxing authority over communication providers to the full extent that other businesses are subject to such authority. 7. Support granting franchises to telecommunication companies providing such authority helps ensure the local government's ability to negotiate, in the public interest, for cable channel space, institutional networks and public, educational and governmental programming. 8. Support the use of public streets and other rights-of-way (ROW) for the installation of telecommunications facilities to engage in private, for-profit enterprise demands a fair payment for the use of public assets as permitted by law. 9. Support the application of fair and reasonable fees in a competitively neutral and nondiscriminatory manner for all users of the rights-of-way including telecommunications service providers. 10. Such fees should fully recover the City's direct and indirect costs related to the use of the ROW, such as street maintenance and replacement, and they should compensate the City for the fair value of the property interest that is being provided. 11. Support the City safeguarding citizens against market inequities by maximizing their ability to utilize and facilitate access to telecommunications resources. Recognizing that telecommunications resources have considerable value. 12. In order to provide the best possible government and educational services, the City will continue to enhance and advance its own internal use of telecommunications. To meet these objectives, telecommunications infrastructure and services may be provided through activities of the City and/or Platte River Power Authority. 31 13. Support adequate spectrum allocation of public radio frequencies for public safety, emergency services, public works and other public use is vital to the City's ability to safeguard citizens. The City will continue to monitor and negotiate for appropriate allocation of all telecommunications resources. 14. Support legislation to charge for the cost of acquisition, compilation, provision of, or access to, electronic and hardcopy public data and information. TRANSPORTATION The City of Fort Collins is interested in issues that impact the transportation of people and commodities via all modes. The City's policy is to encourage the use of alternative transportation whenever appropriate with the goal of reducing the growth of vehicle milestr`aveled (vmt) to'less than or3eq at to thepopulation . . growth rate, Therefore, the City RoFl; GGIPRG Qty Gouacg supports the following policies: 1. Support cooperative programs among local governments and federal, state, and county agencies to help meet basic transportation needs, such as transportation demand management programs, transit, street, highway, road and bridge construction and maintenance, and safe corridors for bicyclists and pedestrians. 2. Support the current allocation formula of 60% state, 22% counties, and 18% municipalities for Highway User Tax Fund (HUTF) revenues. Support legislation to share back with local governments any appropriation for transportation from the state on the same formula basis as now applies to HUTF: 60-22-18. 3. Support legislation to fund analysis and implementation of the linkages between commuters and rail/transit alternatives. 4. Support legislation that facilitates regional planning for alternative transportation and a modal shift of 10% from single occupant vehicle usage to alternative modes of travel. 4. Support legislation that increases funding for transportation with flexibility for all transportation modes. 5. Support release the full appropriation and utilization of federal transportation trust funds and motor fuel taxes for their transportation purposes. 32 • 6. Support 4wAaiiQ� the elimination of off-the-top diversions for the State Patrol and for the Ports of Entry from the Highway Users Tax Fund. Support changing budget support for these functions to the state general fund to allow HUTF monies to flow to the direct transportation needs for which they are intended. WATER UTILITIES The Fort Collins City Council recognizes the critical importance of maintaining drinking water, storm-water and wastewater utility services in a financially sound, reliable, safe, and environmentally acceptable manner. The City supports legislative measures to further this goal. Since Fort Collins' Water Utilities is governed by City Council, an elected board, it is important to maintain the greatest degree of local control over planning and operation. To that end, it is important to minimize legislative and regulatory impacts on the operations of the utility, thereby allowing local government to act in its own best interests. As a business, it is necessary to maintain and enhance the utility's competitive advantage. Furthermore, it is also important to balance economic growth with quality of life, including protection of the environment. Therefore, the City supports the following policy statements: 1. Support legislation that reasonably limits liabilities of the Water, Storm-water and Wastewater operations. 2. Support legislation that maintains the authority delegated to the state to administer federally mandated water, storm-water and wastewater environmental regulatory programs (primacy) 3. Support water quality legislation that results in reasonable water quality control regulations that are cost effective and can show identifiable benefits. 4. Retain the existing policy and procedure for appointment of directors for water conservancy districts. 5. Support legislation that enables local development of watershed protection efforts. . 6. Support legislation that encourages cooperation between the City of Fort Collins water utilities and other water and wastewater treatment providers. 33 1. Support legislation that limits the federal government's ability to affect water rights other than through procedures established under Colorado's appropriation doctrine. 2. Support adequate state and federal funding of mandated programs under the Safe Drinking Water Act. 3. Oppose any drinking water legislation or regulations that are not founded on sound and comprehensive scientific research. 4. Oppose any drinking water legislation or regulations that do not consider the potential impact of the proposed legislation or regulation on other contaminants and contaminant removal processes. a 1. Support adequate state and federal funding of mandated programs under the Clean Water Act. 2. Support water quality legislation that provides states with more flexibility to tailor federal legislation and regulations to local conditions. 3. Oppose any clean water legislation or regulations that are not founded on sound and comprehensive scientific research. 4. Oppose any clean water legislation or regulations that does not consider the potential impact of the proposed legislation or regulation on other contaminants and contaminant removal processes. 34 WORKERS' COMPENSATION The City of Fort Collins City Council 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 Fao;% Ggilips Gity GQwPG4 supports the following policy statements: 1. Support legislation that improves administrative efficiency of the Division of Workers' Compensation. 2. Oppose legislation that increases insurance premium costs to employers. 3. Oppose legislation that would add administrative burdens or taxes to self-insurance programs. 4. Oppose legislation that would.promote litigation. \\EXEC_NEIlV0L2\MGRS1Br0wn 2000\Legislative Review Committee\2001_Masler_Leg_Agenda.doc 35