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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/02/2008 - RESOLUTION 2008-120 ADOPTING THE CITYS 2009 LEGISL ITEM NUMBER: 26 AGENDA ITEM SUMMARY DATE: December2, 2008 FORT COLLINS CITY COUNCIL STAFF: Tess Heffernan SUBJECT Resolution 2008-120 Adopting the City's 2009 Legislative Policy Agenda. RECOMMENDATION Staff recommends adoption of the Resolution. The Legislative Review Committee has reviewed and approved the draft 2009 Legislative Policy Agenda. EXECUTIVE SUMMARY Each year the Legislative Review Committee (LRC) develops a legislative agenda to assist in the analysis of pending legislation. The Legislative Policy Agenda is used as a guide by Council members and staff to determine positions on pending legislation and as a general reference for state legislators and congressional delegation. BACKGROUND The proposed 2009 Legislative Policy Agenda,which is attached to the Resolution as Exhibit A,has been updated from the 2008 document and was reviewed and approved by the Legislative Review Committee. Changes are highlighted below. This document will be used as a guide for the upcoming 2009 General Assembly and the first session of the 11 lth Congress. The purpose of the Legislative Policy Agenda is to articulate the City's position on common legislative topics. It will be applied by Councilmembers and staff to determine positions on pending legislation and as a general reference for state legislators and the congressional delegation. SUMMARY OF CHANGES TO THE LEGISLATIVE POLICY AGENDA Significant additions or amendments to the 2008 Agenda are highlighted in italics below. Deleted text is shown as a"strikethrough." AFFORDABLE HOUSING, page 5, addition of item 7 Support legislation that protects the rights of low-income and/or disabled residents in tenant-landlord relationships and disputes. December 2, 2008 -2- Item No. 26 AIR QUALITY,page 7 Reduce greenhouse gas emissions 30%20%below projected 20+9 2005 levels by z9f-6 2020 and 80% below 2005 levels by 2050 CLIMATE PROTECTION, page 8 The City of Fort Collins has a policy goal to reduce greenhouse gas emissions 36% 20% below 204-0 2005 levels by 2020 and 80%below 2005 levels by 2050 ELECTRIC UTILITY SERVICES, page 9, addition of opening statement The Fort Collins City Council recognizes the critical importance ofmaintaining the electric distribution system in a financially sound, reliable, safe and environmentally acceptable manner. The City supports legislative measures to further this goal. Since Fort Collins Utilities are governed by City Council, an elected board, it is important to maintain the greatest degree of local government control over planning and operation. To that end, it is important to minimize legislation 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 oflife, including protection of the environment. Therefore, the City supports the following policy statements: 1. Support legislation that recognizes the importance of infrastructure security while minimizing restriction to the Utility's ability to manage security as an integral part of the system. 2. Oppose legislation that places unnecessary and excessively costly limits on carbon emissions or duplicates federal legislation. 3. Support legislation that encourages energy efficiency and conservation while allowing local design and implementation of the programs. ELECTRIC UTILITY SERVICES, page 9, outdated section on"Net Metering" deleted FIRE PROTECTION, page 15, addition of item 6 Oppose legislation that limits local enforcement ofthe International Fire Code as adopted with local amendments, or imposes inspection requirements or prevents collection ofpermit or inspection fees as required by the local jurisdiction. December 2, 2008 -3- Item No. 26 PLANNING AND LAND USE, page 18, statements reordered; other additions and deletions as follows: Support legislation that prohibits the annexation of land that is located within the boundaries of a Growth Management Area that was legally established by an intergovernmental agreement between a municipality and a county by any municipality not a party to the agreement. Oppon legislative effbfts tfratreatrict antunicivality's tight to annex!mid along,Contiguous mid neighboring connnortbound i Support legislation that amends Statute 31-12-104, Eligibility for annexation, granting City natural areas/open lands the same exception to annexation contiguity as County open lands. Support legislation that limits the designation of Urban Renewal Areas to those areas that are genuinely urban in character and in need of redevelopment. Support legislation that allows local government to vacate obsolete plats and subdivisions vvitme appropri, to enable the jurisdiction to address new conditions such as public health and safety concerns that have occurred since the final plat was approved and to apply its current planning standards. Typically, these obsolete plats and subdivisions were platted at least a decade ago, have no vested rights, are substantially undeveloped and/or the developer has breached a development agreement with the local government. PUBLIC SAFETY AND VIOLENCE PREVENTION,Neighborhood Services, page 20 Support local, state and national f nding efforts for the provision of community-based mediation and other alternative dispute resolution services. Support legislation that formally legitimizes the field of Alternative Dispute Resolution (ADR) by establishing minimum training criteria and professional mediator certification. PUBLIC SAFETY AND VIOLENCE PREVENTION, Police Services, page 20 Support legislation timt would mnend state faUVS Miatirlg to the inawree of concealed vmapory filMatigativil(e—Bfj at no Cost to the intulicipahty in which the applicMit lesides. SPECIAL IMPROVEMENT DISTRICTS, page 24 December 2, 2008 -4- Item No. 26 TRANSPORTATION, page 26, addition to opening paragraph and of item 4 City transportation programs will promote the reduction of VMTs through strategies that reduce trip generation and length and increase automobile capacity. Support exploration and analysis of alternative methods of funding state and federal transportation infrastructure needs. WATER UTILITIES,page 28, addition of item 8 Support legislation that recognizes the importance of infrastructure security while minimizing restriction to the Utility's ability to manage security as an integral part of the system. RESOLUTION 2008-120 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE CITY'S 2009 LEGISLATIVE POLICY 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 also influence the operations of municipal governments, including the City of Fort Collins; and WHEREAS, the City 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: Section 1. That the policy statements contained in the attached 2009 Legislative Policy Agenda accurately reflect the City's policies on these issues. Section 2. That the Council hereby adopts the 2009 Legislative Policy Agenda attached hereto as Exhibit"A" and incorporated herein by this reference. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd day of December, A.D. 2008. Mayor ATTEST: City Clerk EXHIBIT A Fort Collins 2009 Legislative Policy Agenda Adopted December 2, 2008 Page I TABLE OF CONTENTS TOPIC Page Introduction 3 Legislative Staff Liaison Members 4 Affordable Housing 5 Air Quality 5 Climate Protection 8 Cultural Services 8 Electric Utility Services 9 Municipal Utility Service Territory 9 Tax Exempt Financing for Utilities 10 Environmental Quality 11 Federal Budget 11 Finance 12 Investments 13 Privatization 14 Sales and Use Tax 14 Fire Protection 15 Hazardous Materials Management 16 Home Rule 16 Natural Areas & Open Lands 17 Parks & Recreation 18 Planning & Land Use 18 Public Safety & Violence Prevention 20 Neighborhood Services 20 Police Services 20 Public Safety Pensions 21 Recycling & Solid Waste 21 Risk Management 23 Sovereign & Governmental Immunity 23 Special Improvement Districts 24 Telecommunications 24 Transportation 26 Water Utilities 27 Water 28 Wastewater 29 Page 2 INTRODUCTION Fort Collins is a community of more than 130,000 residents, located at the foot of the Rocky Mountains along Colorado's Front Range. Incorporated in 1873, the City has grown to become the commercial, educational and cultural hub of northern Colorado. The City adopted a home rule charter in 1954 and operates under a Council-Manager form of government. The 2009 City of Fort Collins Legislative Policy 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. We encourage Legislators to contact Fort Collins City Council Members and our Legislative Policy Manager should they have any questions regarding our policy positions. FORT COLLINS LEGISLATIVE REVIEW COMMITTEE The Legislative Review Committee is a representative group of Council members that reviews and reacts to proposed legislation on behalf of City Council and the City. In taking a position on particular bills, the Committee interprets and applies the various policies that are included in the Legislative Policy Agenda. If a bill may fall within two or more policies, then the Committee may decide how to balance those policies in taking a position. If a bill falls outside of the Legislative Policy Agenda, the Committee refers the bill to the full Council for consideration before a position is taken on behalf of the City. Council Members presently serving on the Legislative Review Committee are: ♦ Mayor Doug Hutchinson, Chair ♦ Mayor Pro Tern Kelly Ohlson ♦ Ben Manvel Staff liaisons support the Legislative Review Committee by contributing expertise in various areas of municipal service. The City works closely with the Colorado Municipal League on legislative items. Page 3 Legislative Staff Liaison Members t< 4 a a pit n �;U♦��y�,, b Q"�� Y Di3t17Ct Y n}P� onta MtiFIY i e'Xh iA tSY' l A .Ii'T$S 9+m. t1�. x N. Mayor At-Large Office Phone: 970/416-2154 Doug Hutchinson dhutchinson@fcgov.com Councilmembex 1 Office Phone: 970/221-6509 Ben Manvel bmanvel fc ov.com Councilmembex 5 Office Phone: 970/221-6509 Kell Ohlson kohlson fc ov.com y4 01 City Manager Darin Atteberry 970/221-6505 cell: 970/217-8889 datteberry@fcgov.com Assistant City Manager Wendy Williams 970/221-6508 cell: 970/219-8407 wwilhams@fcgov.com Governmental Relations Tess Heffernan 970/416-2253 cell: 970/988-2982 theffeman@fcgov.com Air Quality Lucinda Smith 970/224-6085 Isniith@fcgov.com City Clerk Rita Harris 970/221-6516 rharris@fcgov.com Cultural&Library Services J.R. Schnelzer 970/221-6301 Parks &Recreation xschnelzex fc ov.com Electric&Water Utilities Brian Janonis 970/416-2232 b'anonis fc ov.com Environmental Quality Susie Gordon 970/221-6265 cell: 970/219-4793 Recycling&Solid Waste s ordon fc ov.com Finance Chuck Seest 970/221-6788 Special Improvement Districts cseest@fcgov.com Fire Protection Kevin Wilson 970/221-6570 cell: 970/222-8282 kwilson@pfafireprevendon.org Housing Authority Julie Brewen 970/416-2917 jbrewen@fcgov.com Legal Carrie Daggett 970/221-7719 cda ett fc ov.com Natural Areas&Open Lands John Stokes 970/221-6263 stokes fc ov.com Planning&Land Use Timothy Wilder 970/221-6224 twilder@fcgov.com Public Safety&Violence Prevention Rita Davis 970/221-6628 (Police Services rdavis@fcgov.com Public Safety&Violence Prevention Jenny Kidd 970/224-6022 (Neighborhood Services jkidd fc ov.com Technology Tom Vosburg 970/221-6522 lstroh fc ov.com Transportation Mark Jackson 970/221-6015 mjackson@fcgov.com Page 4 LEGISLATIVE POLICY STATEMENTS AFFORDABLE HOUSING The mission of the City's Affordable Housing Program is to provide and promote safe and affordable housing, economic opportunity and a suitable living environment free of discrimination. Therefore, the City supports the following policy statements: 1. Support involvement of the State and Federal government in order to maintain current levels of HUD funding for affordable housing in Colorado. 2. Support creation of a statewide Affordable Housing Trust Fund. 3. Support restoration of state general fund dollars cut from the Colorado Division of Housing. Funds are used for state-wide grants and loans for affordable housing. 4. Oppose legislation that limits our ability to generate alternative sources of funding, especially through public-private partnerships. 5. Oppose legislation that would limit the City's ability to regulate and manage affordable housing. 6. Oppose legislation that increases administrative burdens and costs associated with affordable housing without increasing provision of services at the local level. 7. Support legislation that protects the rights of low-income and/or disabled residents in tenant-landlord relationships and disputes. AIR QUALITY The City's adopted Air Quality Policy Plan establishes a strong overall goal to "continually improve Fort Collins air quality as the city grows" and defines 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 follow urban boundaries. The City opposes adoption of standards that constitute a weakening of current air quality standards. Page 5 Therefore,the City supports the following policy statements: 1. Oppose legislation 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 and ozone. 3. Support the ability to use Federal grant dollars to educate citizens about how they can help protect local air quality. 4. Support increasing the stringency of statewide visibility standards. 5. Support legislation that is more effective than the Fort Collins tobacco smoking ordinance, but does not infringe on home rule authority. 6. Support legislation and regulation to reduce ozone precursor pollutants. 7. Oppose the adoption of standards that constitute a weakening of current air quality standards. The City's adopted objective for commercial and industrial sources is 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 Latimer 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. 3. Support legislation that provides incentives for commercial and industrial sources to reduce pollution. The City's adopted air quality objectives include: • reduce total vehicle emissions, by focusing on technology (e.g. tailpipe emissions) and behavior (e.g. driving patterns) Page 6 • reduce high priority pollutants (ozone, fine particles, mobile source hazardous air pollutants and greenhouse gases) • reduce greenhouse gas emissions 20%below projected 2005 levels by 2020 and 80%below 2005 levels by 2050 • reduce commercial and industrial emissions in the Fort Collins area • reduce wood smoke emissions in the Fort Collins area and reduce the number of non-certified wood stoves and conventional fireplaces Therefore, the City 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 emissions and 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 and regulations that will further reduce tailpipe emissions per mile and help prevent total vehicle emissions from rising. 3. Support legislation and regulations that provide authority for local governments to implement vehicle emissions reductions programs. 4. 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; that promote advanced low emission vehicle technology, and that provides incentives for alternative fuels such as biodiesel, cellulosic ethanol and compressed natural gas. 5. Support legislation and regulations that increase the fuel efficiency of motor vehicles and support ongoing research to improve the safety of small vehicles. 6. Support legislation and regulations that reduce vehicle emissions by reducing unnecessary idling of vehicles. 7. Support Federal and/or State legislation to promote greenhouse gas reduction. 8. Support legislation and regulations that provide incentives to encourage renewable energy production, including wind power, and provide for "State Implementation Plan" credits for renewable energy (excluding residential wood burning and corn-based ethanol) and energy efficiency. 9. Support legislation and regulations that increase energy efficiency, including a "systems benefit charge" to promote demand-side management, and the use of renewable energy sources, excluding residential wood-burning. Page 7 10. Support legislation and regulations that provide incentives for green building and sustainable design. 11. Support legislation and regulations to promote pollution prevention. 12. Support the Colorado self-audit law. 13. Support Legislation that promotes research on, or use of, hydrogen fuel and its methods of production, to reduce fossil fuel consumption in the transportation and building sector. 14. Support legislation and regulations that reduce wood smoke emissions and that restrict the installation of non-certified wood stoves and fireplaces. CLIMATE PROTECTION The City of Fort Collins has a policy goal to reduce greenhouse gas emissions 20% below 2005 levels by 2020 and 80%below 2005 levels by 2050. Therefore the City supports the following policy statements: 1. Support legislation and regulation that reduce Fort Collins' vulnerability to climate change impacts. 2. Support legislation that provides incentives to business and citizens to reduce greenhouse gas emissions. 3. Support state or national legislation that establishes standards for greenhouse gas emissions from vehicles. CULTURAL SERVICES The City recognizes that art and culture are vitally important to the quality of life in our community and is committed to providing the citizens of Fort Collins with excellent cultural services. Therefore, the city supports the following policy statements: 1. 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. Page 8 4. Support preserving our cultural heritage. 5. Support public access to and awareness and appreciation of the arts. ELECTRIC UTILITY SERVICES The Fort Collins City Council recognizes the critical importance of maintaining the electric distribution system in a financially sound, reliable, safe and environmentally acceptable manner. The City supports legislative measures to further this goal. Since Fort Collins Utilities are governed by City Council, an elected board, it is important to maintain the greatest degree of local government control over planning and operation. To that end, it is important to minimize legislation 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: l. Support legislation that recognizes the importance of infrastructure security while minimizing restriction to the Utility's ability to manage security as an integral part of the system. 2. Oppose legislation that places unnecessary and excessively costly limits on carbon emissions or duplicates federal legislation. 3. Support legislation that encourages energy efficiency and conservation while allowing local design and implementation of the programs. 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 municipal 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 detemiine 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: Page 9 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 municipal governments. 2. Oppose efforts that limit either a municipality's rights to annexation or to provide municipal utility services to its citizens. Tax Exempt Financing for Utilities Because the Fort Collins Electric Services department has been debt free, tax exempt financing has not been an issue in the past. However, it may be an issue for Platte Rive 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 is opposed to any change in the tax laws that would limit use of tax-exempt financing of facilities. Therefore,the City supports the following policy positions: 1. Support public power systems being eligible to issue tax-exempt bonds. 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 the 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 governments, but also presents substantial risk to bond holders. Because tax-exempt bonds have been considered to be safe investments, those affected will be people who can least sustain a financial loss. Page 10 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. ENVIRONMENTAL QUALITY The City of Fort Collins strongly endorses principles and applies practices to enhance the environmental quality of the City, including sustainability concepts that promote integrated planning, design, implementation and management of our natural resources. The City also promotes environmental stewardship by dealing with land use, transportation and air quality (LUTRAQ) issues in a coordinated approach. Therefore,the City supports the following 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, air quality and the regional determination of air quality attainment status. 3. Oppose 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 The City supports a balanced approach to federal spending that gives favorable consideration to local support programs. Federal and local governments have worked cooperatively to help meet basic needs such as transit operations and capital improvements, community development block grants, water quality monitoring and crime prevention. The City strongly supports the continuation of such programs. Moderate increases in funding will provide for similar levels of service in the future. 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. Page 11 Therefore,the City supports the following federal budget policy statements: 1. 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. 2. Support preservation of the federal guaranteed levels of funding for transportation, and allocation of all federal motor fuel taxes and other federal transportation trust funds for their intended transportation purposes. 3. Support Congress achieving a balanced federal budget that sustains Social Security, Medicare and key state and local programs, prior to making tax cuts. 4. Oppose direct assistance to cities and towns being converted to state control. 5. Oppose legislation that increases the administrative burdens and costs to local government for implementing federal grants and programs. 6. Oppose discrimination or favoritism being shown toward any economic or demographic group. 7. Oppose modification of accounting, procedural or budget rules to continue to be used as a substitute for prudent financial management. 8. Oppose legislation that mandates collective bargaining rights for public safety officers employed by states or their political subdivisions. FINANCE As a municipality, the City of Fort Collins faces many complex financial issues. The Fort Collins City Council has adopted financial and management polices to establish guidelines for long-range financial planning and to help in preparing the City's budget. Many of the provisions of Article X, Section 20 of the Colorado Constitution(TABOR) unnecessarily constrain local government. By a voter-approved measure, Fort Collins has opted out of the requirement to refund revenue collected over the limit. The measure earmarked the funds for specific purposes. However, many other aspects of Article X, Section 20, continue to place unnecessary hurdles in the way of efficient and effective city government. 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. Page 12 Therefore, the city supports the following policy statements: 1. Support the continuation of existing financing methods and the addition of new methods for local government to support the provision of municipal services. 2. Support legislation that promotes economic developments that are consistent with the City's economic policy. 3. Support municipal authority to establish public improvement fees as a tool for funding public improvements. 4. Support increased state funding and budgetary autonomy for Colorado State University and Front Range Community College. 5. Support equitable polices among taxing jurisdictions when offering financial incentives to business. 6. Support legislation or ballot measures that would remove or modify 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. 7. 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. The City recommends that taxes be as broad-based as possible and that exemptions be extremely limited. 8. Support federal legislation that recognizes the importance of sales and use tax to local, self-collecting municipalities and appropriately distributes sales tax collections on e-commerce transactions. 9. Support the use of surplus State revenue to benefit primary services identified by the City. 10. Oppose State mandated reductions to the current property tax structures without specific revenue replacement provisions. 11. Oppose legislation that reduces the City's revenue base and would subsequently require voter approval for replacement funding. Investments The Fort Collins City Council has adopted investment polices to be used by the City. The policies are reviewed and update periodically to ensure the quality of the portfolio to maintain liquidity and to maximize portfolio earnings. Page 13 Therefore, the City supports the following policy statements: 1. Support legislation designed to protect, without unnecessarily restricting the investments of government entities. 2. Support legislation that provides for adequate investment disclosure by the City to the public, 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. Privatization The City of Fort Collins spends approximately 58% 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 services without improving those services. Sales and Use Tax The City of Fort Collins levies, administers and collects its own sales and use taxes under its home rule authority. These revenues would decrease dramatically if the City was 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. Page 14 3. Support cooperative audits by governmental agencies in order to provide better customer service and minimize disruption to major taxpayers. 4. Support state legislation that recognizes the local sales tax base when distributing sales tax collected on e-commerce transactions. 5. Support federal legislation that gives state and local governments the authority to collect legally due sales and use taxes on remote sales without undue restrictions. 6. Oppose legislation that creates State sales and use tax exemptions that would contradict current compatible State and local interpretations. 7. 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 supports the following policy statements: 1. Support legislation adopting a State fire code, the code of choice being the Uniform Fire Code or the 2006 International 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 requires the installation of fire protection systems in structures to enhance life safety and property protection when appropriate. 3. Support the mandatory installation of carbon monoxide detectors in new structures. 4. Support legislation that strengthens the City's ability to prohibit the use and sale of all fireworks and legislation that allows counties and fire districts to prohibit and otherwise control fireworks. 5. 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. 6. Oppose legislation that limits local enforcement of the International Fire Code as adopted with local amendments, or imposes inspection requirements or prevents collection of permit or inspection fees as required by the local jurisdiction. Page 15 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. The Fort Collins City Council believes that the principle of home rule authority affords the citizens of Fort Collins greater access to government and increased opportunity for participation and contribution to the decision making process. Home rule 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 supports the following policy statements: 1. Support legislative efforts to strengthen home rule authority of municipal governments. Page 16 2. Oppose legislation that requires State or Federal intervention in matters of local concern and which unnecessarily or adversely affect the City's ability to manage pursuant to its home rule authority. 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. 4. Support legislation that clarifies the right of home rule cities to self-governance in establishing reasonable land development conditions and fees. 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 use, provide opportunities for passive and active recreation, enhance educational opportunities and improve the urban setting for people. Undeveloped land areas also help to provide a sustainable balance to manage the effects of growth, new construction and increasing levels of air pollution in the natural environment. The City uses many tools in its land protections 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 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 legislation necessary to fully implement the Cache la Poudre River Corridor Act. Page 17 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 and legislation that enhances the economic vitality for parks, cemeteries, trails, forestry, horticulture and recreation services and facilities. 2. Support use of Great Outdoors Colorado and other state sources for full funding of municipal government projects, with maximum local discretion regarding local needs and priorities. 3. Support partnerships that improve the provision of parks and recreation services and facilities to the community. 4. Support programs for youth, at-risk teens, and for persons with disabilities. 5. 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 primarily by Fort Collins residents, yet shared regionally within Larimer County. State legislation can greatly influence and change local governments ability to develop and implement land use plans for their communities. Therefore, the City 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 require intergovernmental or regional cooperation in land use planning and land development regulation. 3. Support specific legislation establishing a baseline of coordinated land use and transportation planning within the State's growing communities. This planning should be based on consistent and credible population forecasts. Planning tools should include growth management techniques such as urban growth boundaries and adequate public facilities requirements. Page 18 4. Support legislation that prohibits the annexation of land that is located within the boundaries of a Growth Management Area that was legally established by an intergovernmental agreement between a municipality and a county by any municipality not a party to the agreement. 5. Support legislation that amends Statute 31-12-104, Eligibility for annexation, granting City natural areas/open lands the same exception to annexation contiguity as County open lands. 6. Support legislation that limits the designation of Urban Renewal Areas to those areas that are genuinely urban in character and in need of redevelopment. 7. Support legislation that encourages the integration of sustainability measures in new land uses and development. Quality human-scale urban design, access to transportation options, energy efficient building practices, economic health, diversity of housing, public safety, environmental protection and mobility are elements of a sustainable community. 8. Oppose federal and state legislation that would extend the definition of a compensable taking beyond the provisions of existing court decisions and case law and protect local authority to make land use decisions. 9. Oppose legislation that would broaden the definition of vested property rights beyond the provisions of current state law. 10. Oppose legislation that would inappropriately limit local government authority to regulate land development and local government authority to impose growth impact fees. 11. Support enabling legislation to clearly provide for the local option to impose impact fees for school capital costs. 12. Support legislation that allows local government to vacate obsolete plats and subdivisions to enable the jurisdiction to address new conditions such as public health and safety concerns that have occurred since the final plat was approved and to apply its current planning standards. Typically, these obsolete plats and subdivisions were platted at least a decade ago, have no vested rights, are substantially undeveloped and/or the developer has breached a development agreement with the local government. 13.Support legislation that allows counties to review all subdivisions up to 160 acres. Page 19 PUBLIC SAFETY AND VIOLENCE PREVENTION Neighborhood Services 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, safety and quality of life are improved for the entire community. Therefore,the City supports the following policy statements: 1. Support local, state and national efforts for the provision of community-based mediation and other alternative dispute resolution services. 2. Support legislation that formally legitimizes the field of Alternative Dispute Resolution(ADR) by establishing minimum training criteria and professional mediator certification. Police Services 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,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 directed towards youth violence. 2. Support legislation that impacts youth violence problems through the development of treatment and intervention programs. 3. Support legislation and funding that provides greater protection to victims of domestic violence. 4. Support legislation that respects the City's home rule right to use camera radar and red-light cameras to enforce traffic laws, and for the City to control fines associated with violations. 5. Support legislation to reduce operational restrictions on the use of camera radar. 6. Support an adequate public radio spectrum being preserved for use by local police, fire and emergency response services. 7. Support increased funding for a statewide communications program. Page 20 8. Oppose programs that compromise officers' safety, support drug use and do not have a proven track record in reducing drug abuse. 9. Oppose legislation that limits local access to State motor vehicle records for communities that do not comply with camera radar legislation. 10. Support legislation that regulates the use of cell phones by a motorist while operating a vehicle." Public Safety Pensions The Fort Collins City Council recognizes police officer and firefighter pension, death and disability benefits are unique and are jointly funded by state and local governments. Changes in state funding levels for benefits may affect the City's ability to provide public safety services. Therefore, the City supports the following policy statements: 1. Oppose legislation that reduces current state funding of these benefits or shifts in funding to local governments beyond current proportions. 2. Oppose legislation that allows employees with defined contribution plans to return to defined benefit plans if there is a cost to local government. RECYCLING AND SOLID WASTE Waste collection responsibility is shared by three entities: private business, 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 several landfills, including the Latimer 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. The City of Fort Collins regulates the operation of private trash hauling companies through local licensing requirements that include 1) a mandate to provide recycling collection services to both the residential and commercial sectors, 2) a provision of curbside recycling to residential customers at no additional charge, and 3) 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. Page 21 Therefore, the City supports the following policy statements: 1. Support integrated waste management planning for the state, and 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"buy recycled" or"environmentally preferable purchasing"policies for government agencies procurement. 4. Support legislation that expands state and regional markets for materials collected in local recycling programs. 5. Support legislation that clarifies and 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 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 to collect and monitor data on trash volumes, rates of diversion from landfill disposal and economic impacts of recycling. 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 that fund recycling efforts. 11. Support consideration of certain waste restrictions in Colorado landfills, e.g. bans on electronic waste, organic materials, or"white goods". 12. Support legislation to require greater producer responsibility, such as"take back" regulations that assist consumers to appropriately recycle electronic equipment, i.e. computers and televisions. 13. Support legislation that establishes a deposit fee on beverage containers and that would be used to pay for recycling programs. 14. 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. Page 22 15. Oppose legislation that limits the ability of local government to provide waste or recycling collection or processing services to citizens. RISK MANAGEMENT The City of Fort Collins recognizes the dual purpose of the workers' compensation system—providing benefits promptly to injured employees in a cost-effective manner and minimizing costly litigation. Council also recognizes that the City's self-insurance program is a cost efficient method to insure workers' compensation and that government intervention or taxation can negatively impact the City. Therefore, the City supports the following policy statements: 1. 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. 5. Oppose legislation that removes existing off-sets to workers' compensation benefits. 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 made against municipalities, their officers and employees. 3. Oppose legislation that expands or increases municipal liability, or, conversely, further limits municipal immunity. Page 23 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, accurate disclosure to investors buying special assessment bonds. Therefore,the City supports the following policy statements: 1. Support local government ability to create special improvement districts. 2. Support continuation of special districts with tax-exempt financing authority, such as Downtown Development Authorities and Urban Renewal Authorities. 3. Support tax increment financing as a tool to support Downtown Development Authorities and Urban Renewal Authorities. 4. Support legislation that facilitates the collection of delinquent assessments and strengthens or maintains the lien position of those assessments. 5. Support legislation that enables lien-holders to foreclose special assessment liens quickly and reduce carrying costs. 6. Support any reduction in the complexities of obtaining clear title to properties acquired through the Treasurer's Deed process. 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. 3. Support universal access to telecommunications services by all citizens, as well as by the commercial, educational and government sectors. Page 24 4. Support an open marketplace for telecommunications services in a competitively neutral environment. 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 adhering to customer service standards that are not otherwise provided for at the federal or state levels. 3. Support privacy and identity theft protections for customers of cable, wireless and internet communication services. 4. Support efficiently and safely managing local public rights-of-way by requiring adherence to construction standards,permitting, scheduling and providing for full cost recovery. 5. 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 and underground). 6. Support a fair payment for occupation of public streets and other rights of way when used for the installation of private, for-profit telecommunications facilities. 7. Support collecting tax revenue as permitted by law from merchandise purchases made via electronic media. 8. Support preserving local taxing authority over communication providers to the full extent that other businesses are subject to such authority. 9. Support granting franchises to telecommunication companies, providing such authority helps ensure local governments' ability to negotiate, in the public interest, for cable channel space, institutional networks and public education and government programming. 10. 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. 11. Such fees should fully recover the City's direct and indirect costs related to the use of the right of way, such as street maintenance and replacement, and they Page 25 should compensate the City for the fair value of the property interest that is being provided. 12. Support the City's ability to safeguard citizens against market inequities by maximizing their ability to utilize and facilitate access to telecommunications resources. Recognize that telecommunications resources have considerable value. 13. 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 the Platte River Power Authority. 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 promoting the safety and ease of traveling to, from and throughout the City 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 miles traveled (VMT) to less than or equal to the population growth rate. City transportation programs will promote the reduction of VMTs through strategies that reduce trip generation and length and increase automobile capacity. Therefore, the City supports the following policies: 1. Support cooperative programs among local governments and federal, state, regional and county agencies to help the City of Fort Collins meet its basic transportation needs, such as transit, street, highway, road and bridge construction and maintenance, and safe corridors for bicyclists and pedestrians. 2. Support efforts to maintain and increase elected representative's support for earmark funding for the Mason Corridor Small Starts project in 2009 and beyond. 3. Support the current allocation formula of 60% state, 22% counties, and 18% municipalities for Highway User Tax Fund(HUTF) as a minimum shareback for state transportation revenues. Support legislation to enhance and share back with local governments any appropriation for transportation from the state on the same formula(60/22/18). 4. Support exploration and analysis of alternative methods of funding state and federal transportation infrastructure needs. 5. Support legislation to fund analysis and implementation of the inter-regional and intra-regional linkages between commuters and transit alternatives, including future commuter rail connectivity. Page 26 6. Support legislation that facilitates regional planning for all modes of transportation with the goal of providing real, usable solutions to reduce reliance on single occupant vehicle use and to provide greater choice in alternative modes of travel. 7. Support flexibility in"one-size-fits-all' federal regulations and funding restrictions that account for the differences between small to medium communities versus large urban metro areas. 8. Support legislation that increases funding for transportation with flexibility for all transportation modes. 9. Support preservation of the federal guaranteed levels of funding for transportation, and allocation of all federal motor fuel taxes and other federal transportation trust funds for their intended transportation purposes. 10. Support federal policy that increases transportation funding and treats all transportation modes with equity. 11. Support legislation that increases state highway maintenance funding, including a shareback with cities and counties. 12. Support reauthorization of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETY-LU)by Congress. 13. Oppose suspending the collection of the fuel tax. Fuel tax relief should not be considered as a tool for dealing with gasoline price fluctuations. 14. Support extending the definition of the gasoline tax to a"fuel tax"that encompasses other fuel options as they become more prevalent, to bolster HUTF revenue. 15. Support legislation that limits the ability of railroad trains to block street and highway grade crossings for unreasonable periods. 16. Support legislation that facilitates the implementation of railroad quiet zones in municipalities. 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 Page 27 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. Support legislation that enables local development of watershed protection 5. Support legislation that encourages cooperation between the City of Fort Collins water utilities and other water and wastewater treatment providers. 6. Support legislation that provides the City the flexibility to enhance in-stream flows to preserve or improve the natural environment of the stream while protecting the integrity of Colorado's appropriation doctrine. 7. Support legislation that would reasonably allow Colorado water courts to address water quality concerns while not significantly altering the responsibility of water courts in protecting water rights against injury. 8. Support legislation that recognizes the importance of infrastructure security while minimizing restriction to the Utility's ability to manage security as an integral part of the system. Water 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. Page 28 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. Wastewater 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 do not consider the potential impact of the proposed legislation or regulation on other contaminants and contaminant removal processes. Page 29