HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/05/2002 - RESOLUTION 2002-101 ADOPTING THE CITY'S 2003 LEGIS AGENDA ITEM SUMMARY ITEM NUMBER: 20
FORT COLLINS CITY COUNCIL DATE: November 5, 2002
FROM: Diane Jones
Mark Radtke
SUBJECT :
Resolution 2002-101 Adopting the City's 2003 Legislative Policy Agenda.
RECOMMENDATION:
The Legislative Review Committee has reviewed and approved this draft Legislative Policy
Agenda. Staff recommends adoption of this Resolution.
EXECUTIVE SUMMARY:
Each year the Legislative Review Committee (LRC) develops a legislative agenda to assist in the
analysis of pending legislation. The proposed 2003 Legislative Policy Agenda, which is
attached to the Resolution as Exhibit "A", has been updated from the 2002 document and was
reviewed and approved by the LRC on October 10, 2002. This document will be used as a guide
for the upcoming 2003 General Assembly and the first session of the 108th Congress. The
purpose of the Legislative Policy Agenda is to articulate the City's position on common
legislative topics. It will be used by Council members and staff to determine positions on
pending legislation and as a general reference for state legislators and our congressional
delegation.
New and updated sections of note in the 2003 Legislative Policy Agenda:
Page 5, AIR QUALITY, added statements:
3. Support the position of using 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 developing statewide tobacco smoking restrictions to protect
citizens from the effects of secondhand smoke.
Page 6, AIR QUALITY, added statement:
4. Support legislation and regulations that provide authority for local
governments to implement vehicle emissions reduction programs.
,
DATE: ovem er ITEM NUMBER: `
Page 7, AIR QUALITY, added statement:
5. Support federal and/or state legislation to promote greenhouse gas
reduction.
Page 20, AFFORDABLE HOUSING, additional statements:
3. Support creation of an Affordable Housing Trust Fund.
4. Support restoration of state general fund dollars cut from the Colorado
Division of Housing budget. Funds are used for state-wide grants and loans
for affordable housing.
Page 23, PLANNING AND LAND USE, additional statement:
4. Support legislation that encourages the integration of sustainability
measures in new land uses and development.
Page 25, PUBLIC SAFETY PENSIONS, additional statement:
2. Oppose legislation that allows employees with defined contribution plans to
return to defined benefit plans if there is a cost to local government.
Page 27, RECYCLING AND SOLID WASTE, additional statement:
12. Support legislation to require a deposit fee on beverage containers and
electronic equipment (i.e. computers) that would be used to pay for
recycling programs.
Page 28, RISK MANAGEMENT, additional statement:
5. Oppose legislation that removes existing off-set to worker's compensation
benefits.
Page 29, SPECIAL IMPROVEMENT DISTRICTS, additional statements:
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.
RESOLUTION 2002-101
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE CITY'S 2003 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 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:
• Section 1. That the policy statements contained in the attached 2003 Legislative
Policy Agenda accurately reflect the City's policy on these issues.
Section 2. That the Council hereby adopts the 2003 Legislative Policy Agenda
attached hereto as Exhibit "A", and incorporated herein by this reference.
Passed and adopted at the regular meeting of the Council of the City of Fort Collins this
5th day of November, A.D. 2002.
Mayor
ATTEST:
City Clerk
Fort Collins
City Council
2003
Legislative Policy Agenda
DRAFT'October 15,2002
ADOPTED November 5,2002
•
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TABLE OF CONTENTS
TOPIC Page #
Introduction 3
Legislative Staff Liaison Members 4
Air Quality 5
Cultural Services 7
Electric Utility Services 8
a. Municipal Utility Service Territory 8
b. Net Metering 8
c. Retail Wheeling 9
d. Tax Exempt Financing for Utilities 12
Environmental Quality 13
Federal Budget 14
Finance 15
a. Investments 16
b. Privatization 17
c. Sales and Use Tax 17
Fire Protection 18
Hazardous Materials Management 18
Home Rule 19
Housing, Affordable 20
Library Services 20
Natural Areas & Open Lands 21
Parks & Recreation 22
Planning & Land Use 22
a. Subdivisions 23
Public Safety &Violence Prevention 24
a. Neighborhood Resources 24
b. Police Services 24
c. Public Safety Pensions 25
RocycJing & Solid Waste 26
Risk Management 27
Sovereign & Govemmental Immunity 28
Special Improvement Districts 28
Telecommunications 29
Transportation 31
Water Utilities 32
a. Water 33
b. Wastewater 33
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INTRODUCTION
Fort Collins is a community of more than 120,000 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 2003 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 Affairs Coordinator 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 review proposed legislation and express City policy in reaction to legislation.
Legislation that cannot be compared to City policy, as identified in the Legislative
Policy Agenda, is referred back to the full Council for consideration before a
position is taken.
Council Members presently serving on the Legislative Review Committee are:
♦ Mayor Ray Martinez, Chair (970) 416-2154
♦ Marty Tharp (970) 484-7033
♦ Eric Hamrick (970) 221-6509
Staff contact: Mark Radtke, Legislative Affairs (970) 221-6796
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 all legislative items.
s
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Legislative Staff Liaison Members
City Council District Contact Information
Mayor At-Large Office Phone: 970/416-2154
Ray Martinez Email:rmartmez@fi:gpy.com
Councilmember 5 Office Phone: 970/484-7033
Marty Tharp Email:m fc v.com
Councilmember 3 Office Phone: 970/221-6509
Eric Hamrick Email:ehamrick@fcgoy.com
Topic Area city Staff Contact Information
City Manager John F. Fischbach 970-221-6505
ifischbach(itftoy.corn
Deputy City Manager Diane Jones 970/221-6508
djones@fcgoy.corn
Legislative Affairs Mark Radtke 970/221-6796
Air Quality Lucinda Smith 970/224-6085
City Clerk Rita Hams 970/221-6516
Cultural&library Services Jerry Brown 970/221-6350
Parks&Recreation jplrown fc v.com
Electric&Utility Mike Smith 970/221-6898
msmith k v.com
Environmental Quality Susie Gordon 970/221-6265
Recycling&Solid Waste sgordon@fcgoy.com
Finance Alan Krcmarik 970/221-6788
Special Improvemetit Districts akrcmank@fcgpv.com
Fire Protection Kevin Wilson 970/221-6570
kwilson@fcgoy.com
Housing Authority Julie Brewen 970/416-2917
'b fcgoy.com.
Legal Carrie Daggett 970/221-7719
ai2Mtt@fcgoy.corn
Natural Areas&Open Lands Michelle Pawar 970/221-6263
MpaWRr@fCgDV-corn
Planning&Land Use Tom Vosburg 970/221-6224
tvosburg@fcgoy.com
Public Safety&Violence Prevention Rita Davis 970/221-6628
(Police Services) rdvis(&lcMU-MM
Public Safety&Violence Prevention Jenny Kidd 970/224-6022
(Neighborhood Resources) WAUQ&9MCOM
Technology Liz Stroh 970/221-6522
Transportation Ron Phillips 970/221-6751
hilli s fc v.com
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• LEGISLATIVE POLICY STATEMENTS
AIR QUALITY
The City's adopted Air Quality Policy Plan establishes a strong overall air quality
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 speGifiGally OF neGessaFily follow urban boundaries.
The City opposes adoption of standards that constitute a weakening of current air
quality standards.
Therefore, the City 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. Support the position of using 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 developing statewide tobacco smoking restrictions to
protect citizens from the effects of secondhand smoke.
6. 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:
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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 objective for motor vehicles is to prevent total vehicle
emissions from rising, by reducing the growth rate of total vehicle-miles of travel,
and by reducing tailpipe emissions per mile from motor vehicles.
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 miles
of travel, including removing hidden cost subsidies to motor vehicle users,
employing economic incentives and disincentives, and other market
approaches.
tailpipe emissiens peF Mile and help pFeverA tetal vehide emissions ftem
Support inspection/maintenance (k" legislation and regulations that
will further reduce tailpipe emissions per mile and help prevent total
vehicle emissions from rising, with provisions for local MIN programs to
be established.
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 provide authority for local
governments to implement vehicle emissions reduction programs.
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5. Support federal and/or state legislation to promote greenhouse gas
• reduction.
6. Support legislation and regulations that increase the fuel efficiency of motor
vehicles and support ongoing research to improve the safety of smaller
vehicles.
7. 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 in
order to reduce the impact by the Fort Collins community on global warming
8. Support legislation and regulations to promote pollution prevention.
9. Support the Colorado self-audit law.
10.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.
The City's adopted objectives for wood smoke are to reduce area-wide wood
smoke emissions and to reduce the number of non-certified wood stoves and
conventional fireplaces. The City supports the following policy statement:
. • Support legislation and regulations that reduce wood smoke emissions.
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.
4. Support preserving our cultural heritage.
5. Support public access to and awareness and appreciation of the arts.
ELECTRIC UTILITY SERVICES
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 governments.
2. Oppose efforts that limit either a municipality's rights to annexation or to
provide municipal utility services to its citizens.
Net Metering
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 customers 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.
Therefore the City 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. They include the
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.
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• 3. Energy Credit—generated energy from the customer would be credited at the
appropriate cost reduction to the utility.
Retail Wheeling
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(EAP) 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 EAP report, municipal utilities must be given the option to
determine the extent and manner to which retail restructuring should be
implemented in our communities and service areas.
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.
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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 EAR
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.
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.
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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 restructuring legislation that makes 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.
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.
•
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18. Oppose legislation that does not maintain transmission and distribution
functions 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.
Additionally, we 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).
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 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 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:
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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.
ENVIRONMENTAL QUALITY
eRYiFOnmental solutions thr4qug Fts in dealeng with land use,
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issues. 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(LUTRAO issues in
a coordinated approach.
Therefore, the City 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, air quality and the
regional determination of air quality attainment status.
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
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.
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.
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.
Therefore, the City supports the following federal budget policy statements:
1. SuppeFt all entitlement programs being tFeated will the budget
pFeeess se that not just local pFegFaFns beaF the burden Gf pmgFam
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1
uOR the table"
3. 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.
4. 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.
5. Support Congress achieving a balanced federal budget that sustains Social
Security, Medicare and key state and local programs, prior to making tax cuts.
6. Oppose discrimination or favoritism being shown toward any economic or
demographic group direct assistance to cities and towns being converted to
state control.
7. Oppose discrimination or favoritism being shown toward any economic or
demographic group
8. Oppose modification of accounting, procedural or budget rules to continue to
be used as a substitute for prudent financial management.
9. 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 Policies to
establish guidelines for long-range financial planning and to help in preparing the
City's budget.
Many of the provisions of the 1992 TABOR Amendment to the State constitution
(Article X, Section 20) 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.
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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 supports the following policy statements:
1. Support the continuation of existing financing methods and the addition of new
methods for local government to support provision of municipal services.
2. Support legislation that promotes public and private sector economic
developments that are consistent with the Citys 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 or ballot measure 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. The City
of Fort Collins recommends that taxes be as broad-based as possible
and that exemptions be extremely limited.
IeGal tax pelisy.-(DRAFT NOTE The commission on taxation has been disbanded)
7. Support the use of surplus State revenue to benefit primary services identified
by the City.
8. 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.
9. 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 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
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• 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 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.
Sales & Use Tax
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 62% of 2001 General Fund revenues. 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.
•
17
3. Support cooperative audits by governmental agencies in order to provide
better customer service and minimize disruption to major taxpayers.
4. 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.
5. Oppose legislation that creates State sales and use tax exemptions that would
contradict current compatible State and local interpretations.
6. 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, 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.
3. Support legislation that promotes fire safety education and prevention for all
city residents with the goal of reducing injury, loss of fife 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:
is
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 local 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 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.
19
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.
AFFORDABLE HOUSING
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 supports the following policy statements:
1. Support amendment of the 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. Support creation of an Affordable Housing Trust Fund.
4. 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.
5. Oppose legislation that limits our ability to generate alternative sources of
funding, especially through public-private partnerships.
6. Oppose any legislation that would limit the City's ability to regulate and
manage affordable housing.
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.
20
• 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 or 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 modem global
information society.
5. Support funding for library services.
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. Undeveloped land areas also help to provide a
• sustainable balance to counter the effects of growth, new construction and
increasing levels of air pollution in the natural environment.
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 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.
i
21
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
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. SuppeR4anding feF
andfadlities. 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 fife enjoyed by Fort Collins residents. State action and
legislation can greatly affect the ability of local governments 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 enable
intergovernmental or regional cooperation in land use planning and land
development regulation.
22
. 3. Support enabling legislation to clearly provide for the local option to impose
school impact fees.
4. Support legislation that encourages the integration of sustainability
measures in new land uses and development.
5. Oppose legislation that would inappropriately limit local government authority
to regulate land development and local government authority to impose
growth impact fees.
6. Oppose legislation that would extend the definition of a compensable taking
beyond the provisions of existing court decisions and case law
7. Oppose legislation that would broaden the definition of vested property rights
beyond the provisions of current state law.
8. 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.
9. Oppose efforts that limit a municipality's right to annex and limit a city's ability
to serve all its citizens.
10.Oppose federal takings legislation and protect local authority to make land
use decisions.
Subdivisions
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
could 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 statements:
1.Support legislation that allows counties to review all subdivisions up to 160
acres.
23
2. Support legislation that allows local governments to vacate obsolete plats
and subdivisions, where appropriate.
PUBLIC SAFETY AND VIOLENCE PREVENTION
Neighborhood Resources
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.
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, 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.
24
3. Support legislation 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 that would amend state laws 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 residents.
6. Support an adequate public radio spectrum being preserved for use by local
police, fire and emergency response services.
7. Oppose programs that compromise officers' safety, support drug use and do
not have a proven track record in reducing drug abuse.
8. Oppose legislation that limits local access to State motor vehicle records for
communities that do not comply with camera radar legislation.
9. Support increased funding to finance a statewide communications program.
• 10.Support legislation that empowers the State POST Board to increase training
in outlying areas for first responders and state funding of the program.
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 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:
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 benerit plans ff there is a cost to local
government.
•
25
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. Ravate Maulers
County Landfill, Private haulers deliver waste to several landfills, including
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.
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 service to both the residential and
commercial sectors;
2. A provision of curbside recycling to residential customers at no additional
charge;
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.
Therefore, the City supports 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 "buy recycled" policy for state government agencies 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.
26
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 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 collection and 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. Support legislation to require a deposit fee on beverage containers and
electronic equipment(i.e. computers) that would be used to pay for
recycling programs.
13. 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.
14. 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.
27
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 workees
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 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.
28
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 DDAs and URAs.
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 governmental sectors.
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;
29
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;
3. Support adhering to customer service standards that are not otherwise
provided for at the federal or state levels;
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 revenue 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.
S. 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.
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'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.
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.
30
• 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 miles traveled (vmt) to less than or equal to the population
growth rate.
Therefore, the City supports the following policies:
1. Support cooperative programs among local governments and federal, state,
regional 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.
5. Support legislation that increases funding for transportation with flexibility for
all transportation modes.
6. 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.
•
31
7. Support the elimination of off-the-top diversions from the Highway Users Tax
Fund for the State Patrol and for the Ports of Entry. 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.
8. Support Federal policy that treats all transportation modes with equity.
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.
32
7. Support legislation that provides a mechanism to enhance in-stream flows to
. preserve or improve the natural environment of the stream while protecting
the integrity of Colorado's appropriation doctrine.
Water
1. Support legislation that limits the federal government's ability to effect 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.
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.
WORKS WCOMPENSAT"
(DRAFT NOTE:moved to RISK MANAGEMENT)
33
I.I t;l<I.ACI1l� I+JAII 01\11'IIII
Ray Nlartinez,Mayor (970)416-2154
Nlarty Tharp,Council member(970) 484-7033 1 ()]t I (,()L,LINS
Fric I-lamrick,Council member(970) 221-6509
<'r V I 1 I.FGISLA i tV'I' I.l Fort Collins is a community of mote than CITY OF
CITY MANAGER 120,000 residents, located at the foot of the I:ORT COLLINS
John F. Fischbach jftschbach(atfr-ov.com Rocky Mountains along Colorado's Front
Range. Fort Collins is Colorado's fifth largest
DEPUTYCITYMANAGER city. Incorporated in 1873, the City has
Diane Jones djones@fcgov com
grown to become the commercial, educational
AFFORDABLE HOUSING and cultural hub of northern Colorado. The
Julie Brewen ibrewen@fcgov.com fceov.com City adopted a home rule charter in 1954 and 490
operates under a Council-Manager form of
AIR QUALITY government.
Lucinda Smith lsmitb@fcgov.co
LIBRARY&PARKS POLICY AGENDA City Of Fort Collins
Jerry Brown jpbrown fcvov com
'This Executive Summary of the Fort Collins
E-ITCTRIC&VATER UTILITIES City Council Legislative Policy Agenda
Mike Smith msmithgfceov.com 2UO3
contains highlights of the more than 200
FINANCE policy statements adopted for use by Council TT t
Alan Krcmarik akrcmarik@fceov.com members and staff in approaching legislative 't '\I I �" l
issues. A Council subcommittee, the PO1 ,I CA" AG I "N D
FIRE PROTECTION Legislative Review Committee,reviews ` /
Kevin Wilson kwilson@fcgov.com ', l l ± 1. i�� I V I a
proposed legislation and expresses City
NATIIRALAREAS i OPENSPACE positions in regard to legislation. The full SUMMARY
Michelle Pawar mnawar@,fceovcom Legislative Policy Agenda document is
available upon request.
PI✓INNINGANU I✓iND US'F.
'Pon Vosburg tvosburgLa)fcgov.com
POLICE Fut additional information contact: t ITY COI'NCIL
Rita Davis rdavis@focetov.com Mark Radtke, Legislative Affairs Ray Martinez, Mayor
City of Fort Collins Bill Bertschy, Mayor pro tern
RECYCLING&SOLID RV`ASTE 300 LaPorte Avenue Eric Hamrick
Susie Gordon sgmdon(@fceovc.com P.O. Box 580 Kurt Kastein
TECHNOLOGY Fort Collins, CO 80522 David Roy
Liz Stroh Istroh fcgov.com (970) 221-6796 Marty Tharp
mxadtkc@fcgov.com Karen Weitkunat
TRANSPORTATION
Ron Phillips mhillins(a)fc¢ov com
St'MMAk1 N)Ll( l SI \ I l 1l1 MS
I'I:AA"ItAL BUD( I.'i Support treatment and intervention programs to
I1oMI 101.F: prevent youth violence and domestic abuse.
Support direct federal funding to cities for high priority Support the City�s right to use camera radar and red-
Support strengthening home rule authority,as local needs. light camera under rules determined locally.
community issues are best decided by the government Support local sales tax collection for e-commerce. Support concealed weapons legislation that vests
closest to the people served. Support firewall in TEA 21 renewal that requires authority for permits with the CBI.
Oppose state or federal intervention or mandates in HUFF dollars be spent for transportation projects. Oppose limits on the city's ability to regulate the
matters of local concern. Oppose mandates for collective bargaining between possession or use of firearms.
public safety officers and cities.
AI DUlt 1).11t( I ROUSING I21`("t t IJNG & SOLID V AS'l1(
I,:IN.AN(;Ili:
Support restoring general fund cuts made to the Support"buy recycled" for government procurement.
Colorado Division of Housing grants/loans program. Support cities'creation of special improvement districts Support broadening regulatory authority of cities to
Oppose legislation that limits the City�s ability to use Support removal of key provisions of TABOR that ensure efficient collection of recyclable materials.
private-public partnerships. inhibit public entities to receive and retain user fees. Support beverage container deposit fees and
Oppose state mandated reductions to the property tax precycling" fees for new electronic equipment.
.�I It "I'.11:I'i t" structure without revenue replacement provisions.
Oppose reduction of the city�s sales and use tax base. HIM,' MANAGFIAWNT
Support State/Federal standards improving air quality.
Support regional planning efforts. I]RF PRO'11 C'11 ON Support improving the administrative efficiency of the
Support local ability to enact tailpipe emission Division of Workers'Compensation.
inspection programs. Support a minimum standard for fire code enforcement Oppose increasing employer premium costs.
Oppose restrictions on local ability to improve air in exsting and newly constructed structures. Oppose removal of existing benefit off-sets.
quality beyond State and Federal standards. Support local control of sale and use of fireworks.
Support local control of risks associated with the use, I'PTI V(M)MI I N I(;.'TlO\S
11,1 :I:T I( SI.RF)CI d storage and transportation of hazardous materials.
j Support universal access to telecommunications
j Support net metering that addresses safety,cost PARKS&OPFN SPA('„H services by citizens,commercial,educational and
recovery and proper energy credit. government sectors.
Support protection of residential and small business Support tax incentives for voluntary land conservation Support local control of public rights of way and
consumers from adverse rate effects in a restructured by private land owners. recovering costs associated with ROW maintenance.
market Support the Colorado Lottery and its cur-rent Support local franchise of telecommunications.
Oppose State and Federal mandates requiring distribution of proceeds.
municipal utilities to implement retail restructuring. Support use of GoCo and other state funds for city ]'It S 1 SsN I A 1'I ON
Oppose interference with local decision making. projects with priorities set locally.
Support increased state funding of[ransportation with
kNVIRO,NMENTA1, 1.11-Y PL.ANNINC &LAND USE the 60/40,state/local,shareback formula. r
Support funding flexibility for all transportation modes.
Support flexibility of state financial resouces. Support regional cooperation in land we planning. Oppose use of HUFF for non-transportation line items
Support sustainability concepts that promote integrated Support local option to impose school impact fees.
planning and management of natural resources. Oppose limiting local government authority to regulate TX'VI I'It
Support federal and state funding to rehabilitate land development.
"brownfield" sites. Oppose limiting a mu icipahty/s right to annex or to Support state authority to administer federally
provide services to anyof its citizens. mandated water environmental regulatory programs.
Support adequate state/federal funding of mandated
programs under the Safe Drinking Water Act.