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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/05/2002 - RESOLUTION 2002-017 AMENDING THE CITYS 2002 LEGISL AGENDA ITEM SUMMARY ITEM NUMBER: 33 DATE: February 5, 2002 FORT COLLINS CITY COUNCIL FROM: Diane Jones 10 Mark Radtke SUBJECT: Resolution 2002-017 Amending the City's 2002 Legislative Policy Agenda. RECOMMENDATION: Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY: On January 15, 2002, the City Council adopted by Resolution the 2002 Legislative Policy Agenda. The 2002 Legislative Policy Agenda, amended as shown below, is attached. Six amendments to the Policy Agenda were proposed by Councilmembers at that time,and the Legislative Review Committee was asked to consider those amendments. The Legislative Review Committee took action at its January 17, 2002, meeting and recommends the following amendments to the 2002 Legislative Policy Agenda: Page 16,SALES AND USE TAX,add statement#4,"Support federal legislation that gives state and local governments the authority to collect legally due sales and use taxes on remote sales." Page 21, PARKS AND RECREATION, rewrite statement#2 to read, "Support the use of Great Outdoors Colorado and other state sources for municipal government projects,with maximum local discretion regarding local needs and priorities." Page 21, PLANNING AND LAND USE, add statement#3, "Support enabling legislation to clearly provide for the local option to impose school impact fees." Page 22, PLANNING AND LAND USE, add statement #9, "Oppose federal takings legislation and protect local authority to make land use decisions." Page 24, POLICE SERVICES, add statement #6, "Support an adequate public radio spectrum be preserved for use by local police, fire and emergency response services." Page 30, TRANSPORTATION, add statement#8, "Support federal policy that treats all transportation modes with equity." Upon Council approval, the amended version of the 2002 Legislative Policy Agenda will be printed and distributed. • RESOLUTION 2002-017 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING AMENDMENTS TO THE CITY'S 2002 LEGISLATIVE POLICY AGENDA WHEREAS,on January 15,2002,the City Council adopted Resolution 2002-009,approving the City's 2002 Legislative Policy Agenda; and WHEREAS,at the time of adoption of Resolution 2002-009,the Council requested that the Council Legislative Review Committee consider six proposed amendments to the 2002 Legislative Policy Agenda; and WHEREAS, on January 17, 2002, the Legislative Review Committee considered those proposed amendments, and as a result the Committee voted to recommend the following amendments be made: Page 16,SALES AND USE TAX,add statement#4,"Support federal legislation that gives state and local governments the authority to collect legally due sales and use taxes on remote sales." Page 21, PARKS AND RECREATION, rewrite statement#2 to read, "Support the • use of Great Outdoors Colorado and other state sources for municipal government projects, with maximum local discretion regarding local needs and priorities." Page 21, PLANNING AND LAND USE, add statement #3, "Support enabling legislation to clearly provide for the local option to impose school impact fees." Page 22,PLANNING AND LAND USE,add statement#9,"Oppose federal takings legislation and protect local authority to make land use decisions." Page 24,POLICE SERVICES, add statement#6,"Support an adequate public radio spectrum be preserved for use by local police,fire and emergency response services." Page 30,TRANSPORTATION,add statement#8,"Support federal policy that treats all transportation modes with equity." and WHEREAS, the Council desires to adopt the recommended amendments. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the 2002 Legislative Policy Agenda,adopted by the City Council in Resolution 2002- 009, is hereby amended to reflect the changes described above. • Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 5th day of February, A.D. 2002. Mayor Pro Tem ATTEST: City Clerk Fort Collins City Council 2002 Legislative Policy Agenda i ADOPTED JANUARY 15,2002 AMENDED FEBRUARY 5, 2002 1 TABLE OF CONTENTS Introduction 3 Legislative Staff Liaison Members 4 Air Quality 5 Cultural Services 7 Electric Services & Utility 7 a. Net Metedng 7 b. Retail Wheeling 8 c. Tax Exempt Financing 11 Environmental Quality 12 Federal Budget 13 Finance 14 a. Investments 15 b. Privatization 16 c. Sales and Use Tax 16 Fire Protection 17 Hazardous Materials Management 17 Home Rule 18 Library Services 19 Municipal Utility Service Territory 19 Natural Areas & Open Lands 20 Parks & Recreation 20 Planning & Land Use 21 a. Affordable Housing 22 b. Obsolete Subdivisions, Vacation of 22 Public Safety &Violence Prevention 23 a. Neighborhood Resources 23 b. Police Services 23 c. Public Safety Pensions 24 Recycling & Solid Waste 25 Sovereign & Governmental Immunity 26 Special Improvement Districts 27 Telecommunications 27 Transportation 29 Water Utilities 30 a. Water 30 b. Wastewater 31 Worker's Compensation 32 2 . 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 City of Fort Collins' 2002 Legislative Agenda identifies issues of importance to the City of Fort Collins. The Agenda expresses policies and positions on issues that affect the quality of life and the governance of our community. We offer this Agenda to our Legislators as a guideline when considering legislation that impacts Fort Collins. 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 previous City policy, as identified in the Legislative Agenda, is referred back to the full Council for consideration before any position is taken. Council Members presently serving on the Legislative Review Committee are: ♦ Mayor Ray Martinez, Chair (970) 416-2154 ♦ Marty Tharp (970) 221-6509 ♦ Eric Hamrick (970) 221-6509 Staff contact: Mark Radtke, Legislative Affairs (970) 221-6796 Staff supports the Legislative Review Committee by contributing expertise in various areas of municipal service. The City works closely with the Colorado Municipal League on all legislative items. 3 Legislative Staff Liaison Members x1 �i$ a ` 'a"x•.z iy 4 .�v r �yyc3t.k W's Mayor At-Large Office Phone: 970/416-2154 gay Martinez Email:miartLnez@fcgc)v.com Councilmerrtber 5 Office Phone: 970/221-6509 Marty Tharp Email:rntharp(aJfrgcv.corn Councilmember 3 Office Phone: 970/221-6509 Eric Hamrick Email:ehamrick fc v.com _.,.. `��,�' Co>ut�itctilnfbrmxboa City Manager John F. Fischbach 970-221-6505 jfischbach(dfcgov.com Deputy City Manager Diane Jones 970/221-6508 diones@fcgov.com Legislative Affairs Mark Radtke 970/221-6796 mradtke fc v.com Air Quality Lucinda Smith 970/224-6085 Isniith@fcgov.com Cultural&Library Services Marty Heffeman 970/221-W%4 inheffeman(OcRov.com Electric Services&Utility Mike Smith 970/221-6888 msmith(q),frgov.corn Environmental Quality Susie Gordon 970/221-6265 (Recycling&Solid Waste sgordon(dfcgov.com Finance Alan Krcmarik 970/221-6788 akrcmank@fcgc)v.com Fire Protection& Kevin Wilson 970/221-6570 Hazardous Materials Management kwilson(&fcgov.com Housing Authority Julie Brewen ' 970/416-2917 ibrewen@fcgov.com Legal Came Daggett 970/221-7719 cdaggett@fcgc)v.com Natural Areas&Open Lands Michelle Pawar 970/221-6263 mpaw-ar@fcgov.com Parks&Recreation Marty Heffeman 970/221-6064 mheffeman fc v.com Planning&Land Use Tom Vosburg 970/221-6224 tvosbu fc v.com Public Safety&Violence prevention Rita Davis 970/221-6628 olice Services rdavis fc v.com Public Safety&Violence Prevention Jenny Meadows 970/2246022 ei boyhood Resources 'meadows fc v.com Special Improvement Districts Alan Kremarik 970/221-6788 a70/221k fc v.com Technology Liz Stroh 970/221-6522 lstroh fc v.com Transportation Ron Phillips 970/221-6751 hilli s fc v.com 4 LEGISLATIVE POLICY STATEMENTS AIR QUALITY The City's adopted Air Quality Policy Plan established a strong overall air quality goal "to continually improve Fort Collins air quality as the City grows" and defined a policy framework for continuing actions to improve air quality. Several of these policies support taking a position on air quality matters that may impact the city. The City supports adoption of state and federal standards that provide for improved public health protection and improved air quality. The City supports adoption of standards that are stringent enough to protect regional air quality, because air sheds do not specifically or necessarily follow urban boundaries. The City opposes adoption of standards that constitute a weakening of current air quality standards. Therefore, the 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. Oppose the adoption of standards that constitute a weakening of current air quality standards. The City's adopted objective for commercial and industrial sources are to reduce total emissions from such sources. The City does not, however, enforce State regulations on stationary air pollution sources, but rather continues to rely upon the Colorado and Larimer County Health Departments to assure that local sources comply with Colorado Air Quality Control Commission regulations. Therefore, the City supports the following policy statements: 1. Support legislation to assure that the State and County Health Departments have adequate responsibility, authority, and resources (funding and personnel) to enforce regulations adopted by the Colorado Air Quality Control Commission. 2. Support legislation that assures the enforcement of Federal, State, and County air quality regulations including air toxins. 3. Support legislation that provides incentives for commercial and industrial sources to reduce pollution. s 5 The City's adopted objective for motor vehicles is to prevent total vehicle emissions from rising after year 2000, by reducing the growth rate of total vehicle-miles of travel, and by reducing tailpipe emissions per mile from motor vehicles. Therefore, the City supports the following policy statements: 1. Support legislation that uses the price mechanisms of the free market to shift citizen and business travel behavior toward actions that reduce vehicle miles of travel, including removing hidden cost subsidies to motor vehicle users, employing economic incentives and disincentives, and other market approaches. 2. Support inspection/maintenance (I/M) legislation that will further reduce tailpipe emissions per mile and help prevent total vehicle emissions from rising after year 2000. The City is committed to working with other communities to craft future I/M legislation that is flexible enough to allow each community to pursue its air quality goals. To that end, the City participates with the North Front Range Transportation and Air Quality Planning Council in a committee process to evaluate inspection and maintenance needs. 3. Support legislation and regulations that make tailpipe standards more stringent, that establish equal standards for cars, light trucks and sport utility vehicles, that set fuel neutral standards for gasoline and diesel that decrease sulfur content of fuels and that promote advanced low emission vehicle technology. 4. Support legislation and regulations that increase the fuel efficiency of motor vehicles and supports ongoing research to improve the safety of smaller vehicles. 5. Support legislation and regulations that increase energy efficiency and the use of renewable energy sources excluding residential wood-buming in order to reduce the impact by the Fort Collins community on global warming 6. Support legislation and regulations to promote pollution prevention. 7. Support Colorado self-audit law 8. 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 sectors. 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: 1. Support legislation and regulations that reduce wood smoke emissions 6 CULTURAL SERVICES The City recognizes that art and culture are vitally important to the quality of life of our community and is committed to providing the citizens of Fort Collins with excellent cultural services. Therefore, the City 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 SERVICES AND UTILITY Net Metering Net Energy Metering is a method of measuring the net amount of electricity a customer would usq 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 protections of utility employees and the public the facility must be in accordance with applicable codes and standards. The include national Electrical Code and Utility requirements. 2. Cost recovery— reasonable fixed costs of transmission, distribution and generation backup are recovered from the customers on the program. • 7 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 determined in its final report that "restructuring is not in the best interests of all Colorado electricity consumers and the state as a whole." Restructuring is premature unless it can be demonstrated that all consumers will benefit from a restructured market and specific restructuring legislation. Therefore, the City supports the following policy statements: 1. Oppose any federal and/or state mandate requiring municipal utilities to implement retail restructuring. In order to preserve local decision making and as supported in the Electricity Advisory Panel's (EAP) report, municipal utilities must be given an option to determine the extent and manner to which retail restructuring should be implemented in our communities and service areas. 2. Oppose any interference with local decision making ability. Rates, terms and conditions for regulated service offered by municipally owned utilities within their service territories should remain the regulatory responsibility of locally elected and appointed governing boards. 3. Support municipal systems retaining the flexibility to establish restructuring rules that pertain to them if they choose to opt into a restructured market. 8 While preserving the maximum degree of local autonomy, the City, recognizes that certain statewide rules or standards of conduct pertaining to competitive supply service may apply to municipal electric systems that choose to participate in restructuring. 4. Oppose exercise of market (monopoly) power. Exercise of market power will hinder the establishment of truly competitive markets and increase costs to all but a limited number of customers. There must be a sufficient number of supporters to make sure there is a robust wholesale market in Colorado. Competitive advantages gained through existing market power in generation should be mitigated prior to retail restructuring.moving forward in Colorado. Even higher prices could result from the lack of proper market composition. 5. Support furthering the development of competitively effective wholesale markets. Therefore, competitive wholesale markets should be encouraged by comprehensive reviews of market entry barriers such as siting approval and land use control processes. However, suppliers of electrical energy shall consider all environmental factors as an integral part of planning, design, construction and operating decisions, and shall utilize the best available environmental technology that meets current EPA clean air and water standards. 6. Support consumer safeguards, such as those recommended by the EAP. These should be an integral part of efforts to restructure Colorado's electric market. Customers that may be unable to take advantage of retail . restructuring opportunities, including residential, low income, fixed income, small business and small agricultural customers, must be protected from adverse rate effects and the inability to fully participate in a restructured market. 7. Oppose unfair trade and marketing practices by power suppliers. Comprehensive enforcement mechanisms must be established and in place to ensure such practices are not allowed in Colorado. 8. Support adequate licensing requirements for all new entities wishing to provide retail electric supply service in Colorado. 9. Support municipal utilities being the provider of standard offer service (existing municipal supplier will be the default electric supplier) to their customers who do not choose an alternate power supplier. Rates shall be established on cost-based principles as determined by the local governing body. 10. Support aggregation programs so smaller customers can achieve effective buying power to participate in a restructured utility market. 9 11. Support the full recovery of the costs associated with the ownership of the distribution system that delivers the electric supply to the end-use retail customer. These costs may include operation and maintenance, depreciation, system upgrades, administrative costs, franchise fees, payments in lieu of franchise fees and taxes, return on investment, and the costs associated with government mandated programs, including for example, low-income energy assistance, demand side management, and environmental programs. 12. Support that restructuring legislation should make it absolutely clear that the sales transaction occurs where the electricity is used or consumed. Further, there should be an affirmative duty for all providers, regardless of where located, to collect applicable fees and sales and use taxes. Existing revenues to local and state governments should not be adversely affected by retail restructuring. Taxes and fees should apply whether services remain bundled or are unbundled, and apply regardless of whether the provider is in-state or out-of-state. 13. Support municipal utilities retaining the right to determine the nature and amount of any stranded costs or benefits they incur resulting from restructuring. Additionally, we support determining the manner in which any costs or benefits shall be assessed or returned to their customers. 14. Support the same requirements (for competitive electric rates) being applied to all industry sectors concerning open meetings and public records. Municipal utilities should not be disadvantaged by laws that prevent municipalities from expressing views on matters presented to the local electorate. 15. Support that all competitive generation suppliers maintain sufficient energy capacity to meet peak demands and adequate reserves as required under current laws, regulations and reliability standards (Reliability and quality of service must not be degraded). Customers who choose alternative suppliers must secure back-up power to ensure the integrity of the system for the protection of all other customers. 16. Support the establishment of a cost-effective regional transmission organization before retail restructuring is implemented. 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. 10 . 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 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 of Fort Collins is opposed to any changes 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. 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 The City of Fort Collins vigorously endorses principles and applies practices to enhance the environmental quality of the City. The City is working toward environmental solutions through cooperative efforts in dealing with land use, transportation, and air quality (LUTRAQ) issues. 12 . 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 has long supported a balanced federal budget. The City also supports a balanced approach to federal spending that gives favorable consideration to local support programs. In the past, 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. Support all entitlement programs being treated with some equity in the budget process so that not just local programs bear the burden of program reductions. All entitlement programs, including tax expenditures, revenues, and all discretionary spending, must be "on the table" for discussion. 2. Support review and changing of federal tax expenditures to assure that these programs contribute, along with entitlement programs, to the balanced budget in a manner consistent with all other expenditure programs. 13 3. Oppose discrimination of favoritism being shown toward any economic or demographic group. 4. Support the Administration and Congress partnering with state and local governments to address problems. Disproportionate burdens should not be placed on cities and towns by inordinately cutting discretionary programs. 5. Oppose direct assistance to cities and towns being converted to state control. 6. Oppose modification of accounting, procedural or budget rules to continue to be used to substitute for prudent financial management. 7. Support Congress achieving a balanced federal budget that includes, addresses, and sustains Social Security, Medicare and key state and local programs, prior to making tax cuts. 8. Oppose legislation that mandates collective bargaining rights for public safety officers employed by states or their political subdivisions. 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. 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 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. 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. 14 • 2. Support legislation that promotes public and private sector economic developments that are consistent with the City's economic policy. Benefits from economic growth should be shown to exceed costs 3. Support equitable policies among taxing jurisdictions when offering financial incentives to business. 4. Support legislation that would remove or modify key provisions of Article X, Section 20, that inhibit the ability of public entities to receive and retain user fees for services that residents and customers desire. 5. Support promoting the equitable treatment of sales and use taxes to residents and corporations residing or doing business in cities and towns whether the transaction is made on-site, electronically, (e-commerce), or by mail. 6. Support a meaningful balanced study and discussion of Colorado State and local tax policy. 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 1. Support legislation designed to protect the investments of government entities. 2. Support legislation that provides for adequate investment disclosure including market value reporting. 3. Oppose any legislation that would require municipalities to participate in investments that do not meet the objectives set forth in the City's policies. 15 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. Sates & 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 57% of General Fund revenues. These revenues would decrease dramatically if the City were forced to adopt the much narrower State sales tax base and revert to centralized State collection of revenues. Therefore, the City supports the following policy statements 1. Support legislation that maintains local control over base, rates, collections and administration of sales and use taxes. 2. Support cooperative efforts of the State, municipal and business entities to simplify sales and use tax collection and maintain uniform definitions. 3. Support cooperative audits by governmental agencies in order to provide better customer service and minimize disruption to major taxpayers. 4. 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. 16 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 life and property damage. HAZARDOUS MATERIALS MANAGEMENT It is an important concern of the City to safeguard Fort Collins' health and environmental safety by reducing risks from the unauthorized release of hazardous materials or hazardous waste. Therefore, the City supports the following policy statements: 1. Support legislation that allows the City to continue controlling risks from hazardous materials use, storage and transportation through the adopted editions of the Uniform Building and Fire Codes and related local amendments. 2. Oppose legislation that restricts the City's ability to review and approve the location of facilities that use or store hazardous materials or hazardous waste. 3. Support legislation requiring environmental impact and health risk assessments to be prepared and receipt of a Certificate of Designation 17 (CD) from counties or municipalities to establish new hazardous waste incineration facilities. 4. Support legislation to encourage pollution prevention programs (P2) as preferred hazardous materials and hazardous waste management strategies. 5. Support legislation that strengthens the enforcement of state hazardous materials regulations. 6. Oppose legislation that restricts the City from adopting local strategies and regulations for hazardous materials and waste reduction. HOME RULE The City of Fort Collins is a home rule municipality. We strongly believe in the importance of Article XX of the Colorado Constitution. Article XX grants home rule municipalities "full right of self-government in local and municipal matters." Home rule is of utmost importance to the City of Fort Collins and is a concept that the City generally advocates strongly for. The Fort Collins City Council believes that the principle of home rule authority affords the citizens of Fort Collins the following: ■ greater access to local government; and ■ 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. 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. 18 LIBRARY SERVICES The City recognizes the critical importance of free access to information resources in a democratic society and is committed to providing the community with excellent library services. Therefore, the City supports the following policy statements: 1. Support providing library services to people of all ages, abilities, income levels and ethnicity. 2. Support intellectual freedom and access to information but provide parents and guardians with options to filter internet access for minors. 3. Support legislation that enhances the City's ability to provide library services for the interest, information, enlightenment and lifelong learning 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 modern global information society. 5. Support funding for library 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. 19 2. Oppose efforts that limit either a municipality's rights to annexation or to provide municipal utility services to its citizens. 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 full many roles within our urban environment. They provide habitat for wildlife, maintain scenic beauty, protect water quality, help treat storm-water runoff, store floodwater, provide buffer zones between communities and differing land uses, provide opportunities for passive and active recreation, enhance educational opportunities, and improve the urban setting for people. The City uses many tools in our land protection program, including: fee-simple acquisition of land and water, conservation easements, incentives for voluntary efforts by private landowners, education and outreach, and zoning and development standards within our land use code. The City works in partnership with other communities, Larimer County, private land trusts, Great Outdoors Colorado, community groups, and state and federal agencies to achieve community and regional conservation goals. Therefore the City supports the following policy statements: 1. Oppose legislation that restricts local government environmental and land use regulatory authority as now authorized by the Colorado Constitution and Colorado case law. 2. Support legislation that provides tax incentives for voluntary land conservation by private landowners. 3. Oppose legislation that reduces the effectiveness of existing federal and state protection for wetlands, wildlife habitats, and other sensitive natural areas. 4. Support additional funding for state and federal land conservation programs. 5. Support federal adoption of the technical Corrections Bill for the Cache La Poudre River Corridor Act 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, 20 . improved health, less crime and a greater sense of community because of our quality parks and recreation programs. Therefore, the City supports the following policy statements: 1. Support funding for parks, trails, forestry, horticulture and recreation services and facilities. 2. Support �Great Outdoors Colorado fall funding for 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 by Fort Collins residents. State action and legislation can greatly effect the ability of local governments to develop and implement land use plans for their communities. Therefore, the City supports the following policy statements: 1. Support legislation that establishes programs to remove barriers to effective local land use planning and land development regulation. 2. Support legislation and establishment of programs to enable intergovernmental or regional cooperation in land use planning and land development regulation. 3. 4. Oppose legislation that would inappropriately limit local government authority to regulate land development and local government authority to impose growth impact fees. 5. Oppose legislation that would extend the definition of a compensable taking beyond the provisions of existing court decisions and case law 21 6. Oppose legislation that would broaden the definition of vested property rights beyond the provisions of current state law. 7. 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. B. Oppose efforts that limit a municipality's rights to annexation and limit our ability to serve anyone. 9. 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. Oppose legislation that limits our ability to generate alternative sources of funding, especially through public-private partnerships. 4. Oppose any legislation that would limit the City's ability to regulate and manage affordable housing. Subdivisions, Vacation of Obsolete 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 22 • 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 statement: 1. Support legislation that allows the County to review all subdivisions up to 160 acres, and would allow jurisdictions to vacate obsolete plats and subdivisions, where appropriate. PUBLIC SAFETY AND VIOLENCE PREVENTION 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. • 23 Therefore, the City supports the following policy statements: 1. Support legislation that has the potential of reducing incidents of violence in the community, with special attention to legislation directed towards the escalating problem of youth violence. 2. Support legislation that impacts youth violence problems through the development of treatment and intervention programs. 3. Support legislation that provides greater protection to victims of domestic violence. 4. Support legislation that respects the City's 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. 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: 24 ■ Oppose legislation that reduces current state funding of these benefits or shifts funding to local governments beyond current proportions. RECYCLING AND SOLID WASTE Waste collection responsibility is shared by three entities: private businesses, the City of Fort Collins, and Larimer County. Solid waste and recycling collection services are provided by private businesses in Fort Collins. Private haulers deliver waste to two landfills: one is owned by Waste Management of Northern Colorado and is located in the town of Ault; the second one is the Larimer County Landfill, which is jointly owned by Larimer County, the City of Fort Collins, and the City of Loveland. The majority of collected recyclables are delivered to the Larimer County Recycling Center that is owned by Larimer County and operated by a private company. The City of Fort Collins regulates the operation of private trash hauling companies through licensing requirements that include: 1. A mandate to provide recycling collection service to both the residential and commercial sectors; 2. A provision of curbside recycling to residential customers at no additional charge; 3. An application of variable trash rates to residential customers. In addition, the City provides a variety of public information and outreach programs to encourage recycling in the community. 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 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. i 25 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 monitoring data on trash volumes and rates of diversion from landfill disposal. 8. Support legislation that requires implementation of variable ("pay as you throw") trash rates throughout Colorado. 9. Support corporate incentives to use secondary material in manufacturing. 10. Support consideration of landfill surcharges in Colorado that would fund recycling efforts. 11. Support consideration of certain waste restrictions in Colorado landfills e.g. "green" ban of organic materials, or"white goods" ban. 12. Oppose legislation that limits the ability of local government to regulate the activities of private waste or recycling collectors to ensure the provision of efficient solid waste and recycling services. 13. Oppose legislation that limits the ability of local government to provide waste or recycling collection or processing services to citizens. 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. 26 . 3. Oppose legislation that expands or increases municipal liability, or, conversely, further limits municipal immunity. SPECIAL IMPROVEMENT DISTRICTS The City of Fort Collins intends to maintain special improvement districts as a viable financial tool for needed infrastructure improvements. It provides adequate and accurate disclosure to investors purchasing special assessment bonds. The City supports the following policy statements: 1. Support the ability of local government to create special improvement districts. 2. Support legislation that facilitates the collection of delinquent assessments and strengthens or maintains the lien position of those assessments. 3. Support legislation that enables lien-holders to foreclose special assessment liens quickly and reduce carrying costs. 4. Support any reduction in the complexities of obtaining clear title to properties acquired through the Treasurer's Deed process. 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. 27 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 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 revenues as permitted by law from merchandise purchases made via electronic media; 6. Support preserving local taxing authority over communication providers to the full extent that other businesses are subject to such authority. 7. Support granting franchises to telecommunication companies, providing such authority helps ensure the local government's ability to negotiate, in the public interest, for cable channel space, institutional networks and public, educational and governmental programming. 8. Support the use of public streets and other rights-of-way (ROW) for the installation of telecommunications facilities to engage in private, for-profit enterprise demands a fair payment for the use of public assets as permitted by law. 9. Support the application of fair and reasonable fees in a competitively neutral and nondiscriminatory manner for all users of the rights-of-way including telecommunications service providers. 10. Such fees should fully recover the City's direct and indirect costs related to the use of the ROW, such as street maintenance and replacement, and they should compensate the City for the fair value of the property interest that is being provided. 28 i11. Support the City safeguarding citizens against market inequities by maximizing their ability to utilize and facilitate access to telecommunications resources. Recognizing that telecommunications resources have considerable value. 12. In order to provide the best possible government and educational services, the City will continue to enhance and advance its own internal use of telecommunications. To meet these objectives, telecommunications infrastructure and services may be provided through activities of the City and/or Platte River Power Authority. 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. 29 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. 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. 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) 30 • 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. 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. 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. WORKERS' COMPENSATION The City of Fort Collins City Council recognizes the dual purpose of the workers' . compensation system - providing benefits promptly to injured employees in a 31 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. 32 FORT COLLINS • The creation and presentation of the arts 2002 LEGISLATIVE AGENDA • Strengthening the role of culture and the arts in our educational system. EXECUTIVE SUMMARY Preserving our cultural heritage • Public access to and awareness and appreciation of the AFFORDABLE HOUSING arts. Support ELECTRIC SERVICES &UTILITY • Involvement by state and federal governments in order to maintain current levels of HUD funding. NET METERING • Amendment of State rent control statute to exempt rent Support controls imposed for the purpose of maintaining the • Net metering legislation that addresses safety, cost affordability of housing. recovery and proper energy credit as a way to promote Oppose renewable energy. • Legislation that limits our ability to generate alternative RETAIL WHEELING sources of funding, especially through public-private Support partnerships. • Municipal systems retaining the flexibility to establish • Legislation that limits the City s ability to regulate and restructuring rules if necessary. manage affordable housing issues. • Furthering the development of competitively effective wholesale markets. AIR QUALITY • Protecting consumers(residential, low income,fixed income, small business and small agricultural customers) Support from adverse rate effects and the inability to participate in • State and Federal standards that improve air quality and a restructured market. public health protection • Comprehensive enforcement mechanisms to prohibit • Encouragement of regional planning efforts power suppliers from engaging in unfair trade and • The ability of County and State health Departments to marketing practices. have the responsibility, authority and resources necessary • Licensing requirements for new electric suppliers. to enforce regulations adopted bythe Colorado Air Quality • Rate being established on cost-based principles Commission. determined bythe local governing body. .• Enforcement of County, State and Federal air quality • Aggregation programs so smaller power providers can regulations have effective buying power. • Using economic incentives and disincentives, removing • Full recovery of costs associated with distribution of hidden cost subsidies to motor vehicle users, etc., in order electric power. to facilitate the reduction of vehicle miles traveled. • Taxes and fees on electric services that have been • Inspectiontmaintenance legislation that contributes to the affected by retail restructuring(bundled or unbundled). reduction of tailpipe emissions per mile and helps prevent • Municipal utilities determining the nature and amount of total vehicle emissions from increasing after the year 2000 any standard costs or benefits from retail restructuring. • All industry sectors adhering to same requirements • More stringent tailpipe standards concerning open meetings and public records. • Establishment of equal standards for care, light trucks and • All suppliers must maintain sufficient capacity to meet sport utility vehicles. peak demands and adequate reserves as required under • fuel neutral standards for gasoline and diesel that current laws, regulations and reliability standards. decrease sulfur content of fuels and that promote • Establishing a regional transmission organization before advanced low emission vehicle technology retail restructuring is implemented. • Increased fuel efficiency in motor vehicles . The municipal utility retaining the right to meter and bill • Increased energy efficiency and use of renewable energy customers, investigate and claim recovery for energy resources(excluding residential woodbuming). diversion and disconnect service for nonpayment. • Pollution prevention measures • All utilities having the opportunity to offer value-added • Colorado's self-audit law products and services. Oppose • Retail restructuring legislation that has an'effective date'. • Adoption of standards that weaken current air quality • Municipal Utilities have the right to determine costs standards. charged to the consumer and the extent to which • Restricting local governments authority to improve air municipal utilities must supply service to distribution quality beyond minimum state or federal requirements. customers. • The General Assembly providing programs to financially CULTURAL SERVICES assist low income consumers,to education consumers about the restructured electric market and provide Support retraining of utility employees for retail restructuring • Funding for cultural services for the education, legislation. entertainment and enrichment of the community. • Development of treatment and intervention programs for SALES&USE TAX s youth violence. • Greater protection for victims of domestic violence Support t • The Citys right to use camera radar and red-light camera • Local control over base, rates, collections and I to establish fines for traffic violations detected by its use. administration of sales and use taxes. • Legislation that would amend state law relating to the • Cooperative efforts by governmental agencies and I issuance of concealed weapons permits so as to vest the business entities to simplify sales and use tax collection authority with CBI at no cost to the municipality in which and maintain uniform definitions. I the applicant resides. ,r Oppose 1 • Financing of a statewide communications program. • Creating state sales and use tax exemptions that would Oppose contradict current local interpretations. • Programs that compromise officer safety, support drug • Preempting local authority to impose and collect sales and use and to not have a proven track record in reducing drug use taxes. abuse. • Limiting local access to State date bank motor vehicle SOVEREIGN&GOVERNMENTAL IMMUNITY records for communities that do not comply with photo radar legislation. Support I • Protecting the interests of municipalities in the lawful and PUBLIC SAFETY PENSIONS proper performance of their duties and responsibilities. • Discouraging baseless and frivolous claims and demands Oppose against municipalities. • Reducing the current state funding of these benefits. Oppose • Shifting funding of these benefits to local governments • Creating municipal liability. beyond current proportions. SPECIAL IMPROVEMENT DISTRICTS RECYCLING&SOLID WASTE Support Support • Local governments ability to create special improvement • Integrated waste management planning for local and district. regional communities. • Collection of delinquent assessments • Incentives and funding for efforts by local government and • Strengthening the lien position of,assessments. private enterprise. • Lien holders to foreclose special assessment liens quickly • 'Buy recycled"for state procurement. and reduce carrying costs. • Expanding state and regional markets for materials • Reducing the complexities of obtaining clear idle to I collected in local recycling programs. properties acquired through the Treasurer's Deed process. • Broadening the regulatory authority of local government to ensure the efficient collection of processing of recyclable TAX EXEMPT FINANCING material and solid waste. • Establishing a solid waste goal up to 35%or better for Support Colorado's rate of diversion of its waste stream from • Tax Exempt Financing for facilities owned by municipal 4 landfill disposal. utilities and political subdivisions of the states. • State involvement regarding monitoring data on trash • Public Power systems issuing tax-exempt bonds. volumes and rate of diversion from landfill disposal. Oppose I • Implementation of'pay as you throw'programs • Changes in tax law that would limit use of tax exempt throughout Colorado. financing. • Corporate incentives to use secondary material in • Federal tax on revenue generators(relied upon by state manufacturing. and local governments.) • Consideration of landfill surcharges in Colorado that would • Proposals that block municipal service to annexed areas. fund recycling efforts. • Restricting a community's public power entity to sell power • Consideration of certain waste restrictions in Colorado from existing facilities. landfills(e.g."green'ban of organic materials, or'whde goods'ban). TELECOMMUNICATIONS Oppose • Limiting local government ability to regulate the activities Support of private waste or recycling collectors. • Public access to municipal and community information. • Limiting local government ability to provide waste or • Individual right to privacy and the right of access to public recycling collection or processing services to citizens. records for citizens using the information infrastructure. • Universal access to telecommunications services by and wastewater environmental regulatory programs citizens, commercial, educational and governmental (primacy). sectors. • Reasonable water quality control regulations that are cost • Open marketplace for telecommunications services in a effective and can show identifiable benefits. competitively neutral environment. • Appointment of directors for water conservancy districts. • Local control for. • Local development of watershed protection efforts. 1. Zoning requirements and siting standards for above • Cooperation among City Water Utilities and other water ground telecommunication transceiver structures. and wastewater treatment providers. 2. Local public rights of way 3. Adhering to customer service standards Support—Water 4. Mitigating negative impact on local infrastructures • Limiting the federal government's ability to affect water 5. Recovering costs associated with rights of way rights. maintenance. • State and federal funding of mandated programs under 6. Managing methods of facilities installation. the Safe Drinking Water Act. • Granting franchises to telecommunication companies. Oppose—Water • Rights of Way for the installation of telecommunications • Any legislation not founded on sound and comprehensive facilities. scientific research. • Maximizing the City's ability to access telecommunication • Any clean water legislation or regulations that do not resources. consider the impact on other contaminants and the • The application of fair and reasonable fees for all users of contaminant removal process. the rights of way. • Adequate allocation of public radio frequencies for public Support—Wastewater safety, emergency services, public works, etc. • State and federal funding of mandated programs under • The ability to charge for the cost of acquisition, the Clean Water Act. compilation, or provision of access to electronic and • Providing the state with the flexibility to tailor federal hardoopy public data information. legislation and regulations to local conditions. TRANSPORTATION Oppose—Wastewater • Clean water legislation or regulations not founded on �Support sound and comprehensive scientific research. • Meeting basic transportation needs via cooperation • Any clean water legislation that ignores a potential impact between local, county, state and federal governments. on contaminants and the contaminant removal process. • Current Highway User Fund allocation of 60%state, 22% counties and 18%municipalities. WORKERS COMPENSATION • Share back with local governments any appropriation for transportation from the state atthe 60-22-18 formula. Support • Fund analysis and implementation of the linkages between • Improving the administrative efficiency of the Division of commuters and rail/transit alternatives. Workers' Compensation. • Regional planning for alternative transportation and a Oppose modal shift of 10%from single occupant vehicle usage to • Increasing insurance premium costs to employers. alternative modes of travel. • Adding administrative burdens or taxes to self-insurance • Increased funding fortransportation with flexibility for all programs. modes of transportation. • Promoting litigation. • The full appropriation and use of federal transportation trust funds and motor fuel taxes for federal, state or local transportation purposes. • Highway Users Tax Fund monies flowing directly to the transportation needs for which they are intended, by changing budget support for the Colorado State Patrol and Ports of Entry back to the gener�nd. WATER UTILITIES Support—General • Reasonable limitation of liability for Water, Stormwater and Wastewater operations. •• Legislation that maintains the authority delegated to the State to administer federal mandated water, stormwater