HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/15/2002 - RESOLUTION 2002-009 ADOPTING THE CITY'S 2002 LEGIS AGENDA ITEM SUMMARY ITEM NUMBER: 33
DATE: January 15, 2002
FORT COLLINS CITY COUNCIL Diane Jones
FROM: Mark Radtke
SUBJECT:
Resolution 2002-009 Adopting the City's 2002 Legislative Policy Agenda.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY:
Each year the Legislative Review Committee(LRC) develops a legislative policy agenda to assist
the City in the analysis of pending legislation. The draft document was reviewed and revised by the
LRC on December 13, 2001. The proposed 2002 Legislative Policy Agenda is attached to the
Resolution as Exhibit"A". This document will be used as a guide for the 2002 legislative session.
The purpose of the Legislative Policy Agenda is to articulate the City's position on potential
legislative topics and will be used in the following instances:
(1) Council members or staff members may respond to questions from
legislators and others about the City's legislative policy positions.
(2) Council members and staff members will be able to respond to legislation
that is clearly supported or opposed by City policy.
(3) State and federal legislators will receive the document as a general reference.
In order to expedite the Council's review of the 2002 Legislative Policy Agenda, notable changes
to the 2001 document are summarized below. Complete detail is found in attached Exhibit "A".
The following changes reference the Legislative Policy Agenda, but are also reflected in the
Executive Summary at the end of the document.
On page 6, AIR QUALITY, the second statement 43, is modified to endorse state and federal
incentives to encourage the business community to reduce pollution.
On page 7, AIR QUALITY, statement#8, is modified to add a statement of support for hydrogen
fuel research.
On page 7, AIR QUALITY, a statement has been added in support of wood smoke emissions
reduction.
DATE: January 15, 2002 2 ITEM NUMBER: 33
On page 8, the EDUCATION section has been eliminated entirely. The Legislative Review
Committee agreed that this topic is outside the City's purview.
On pages 15-16, FEDERAL BUDGET,the preamble has been rewritten to condense and update.
On page 17,FEDERAL BUDGET,statement#8 has been modified to note the City's opposition to
mandatory collective bargaining rights for public safety officers.
On page 16, FEDERAL BUDGET, statement#9 has been modified to note the City's support for
spending federal highway trust fund dollars only for transportation purposes.
On page 17,FINANCE,the preamble has been modified to contain a clarified statement on TABOR.
On page 18, FINANCE, statement #7 has been modified to include support for the use of state
TABOR surplus funds for primary services such as Transportation and Open Space.
On page 21, HOME RULE, statement #5 has been modified to emphasize the importance of the
City's ability to control land development fees.
On page 24, PLANNING AND LAND USE, statement#3 has been expanded to clearly state the
City's opposition to state limits on its ability to impose growth impact fees.
On page 27,POLICE SERVICES, statement 410 has been modified to state support for a statewide
continuing education program for police officers supported with a state appropriation.
Upon Council approval, the document will be finalized and distributed.
. RESOLUTION 2002-009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE CITY'S 2002 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 2002 Legislative Policy
Agenda accurately reflect the City's policy on these issues.
Section 2. That the Council hereby adopts the 2002 Legislative Policy Agenda attached
hereto as Exhibit"A" and incorporated herein by this reference.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this
15th day of January, A.D. 2002.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
Fort Collins
City Council
2002
Legislative Policy Agenda
• ADDITIONAL LANGUAGE IS NOTED BY
DELETED LANGUAGE IS NOTED BY A
ADOPTED JANUARY 15, 2002
TABLE OF CONTENTS
Introduction 3
Legislative Staff Liaison Members 5
Air Quality 6
Cultural Services 8
Library Services 6-
Education 9
Electric Services & Utility 9
a. Net Metering 9
b. Retail Wheeling 10
c. Tax Exempt Financing 13
Environmental Quality 15
Federal Budget 15
Finance 17
a. Investments 18
b. Privatization 18
c. Sales and Use Tax 19
Fire Protection 19
Hazardous Materials Management 20
Home Rule 20
Municipal Utility Service Territory 21
Natural Areas & Open Lands 22
Parks & Recreation 23
Planning & Land Use 23
a. Affordable Housing 24
b. Obsolete Subdivisions, Vacation of 25
Public Safety & Violence Prevention 25
a. Neighborhood Resources 25
b. Police Services 26
c. Public Safety Pensions 27
Recycling & Solid Waste 27
Sovereign & Govemmental Immunity 29
Special Improvement Districts 29
Telecommunications 30
Transportation 32
Water Utilities 33
a. Water 34
b. Wastewater 34
Worker's Compensation 35
2
CITY OF FORT COLLINS
@FGWFRg with a land aFea of 45 squaFe miles. The tewn ef Fort Gel!*Rs was
INTRODUCTION
INTRODUCTION
The City of Fort Collins' =Legislative Agenda identifies issues of importance
to the City of Fort Collins. The Agenda expresses policies and positions on
issues that affect the quality of life and the governance of our community. We
offer this Agenda to our Legislators as a guideline when considering legislation
that impacts Fort Collins.
The City Will GmntfR'-'A- t9 c3e--nt;;Gt Legislators regarding City pesitieRs on speGifi
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
i
3
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:
♦ Ma or Ra Martinez, Chair 970) 416-2154
Staff supports the Legislative Review Committee by contributing expertise in
various areas of municipal service. The City works closely with the Colorado
Municipal League on all legislative items.
4
Legislative Staff Liaison Members
City Council District Contact Information
Mayor At-Large Office Phone: 970/416-2154
Ray Martinez Email: rmattinezrdifc ov.com
Councilmember 5 Office Phone: 970/221-6509
N Tharp Email: mtharp@fcgoy.com
Councilmember 3 Office Phone: 970/221-6509
Eric Hamrick Email: ehamnc:k(&Dfcgov.com.
Topic Area City Staff Contact Information
City Manager John F. Fischbach 970-221-6505
ifischbach@fcgov.com
Deputy City Manager Diane Jones 970/221-6508
djones@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 Heffernan 970/221-6064
mheffeman fc v.com
Electric Services & Utility Mike Smith 970/221-6888
msmith@fcgov.com
Environmental Quality Susie Gordon 970/221-6265
ecycling&Solid Waste sgordon@fcgoy.com
Finance Alan Krcmank 970/221-6788
akrcmank@fcgoV.com
Fire Protection& Kevin Wilson 970/221-6570
Hazardous Materials Management kwilson(dfczov.com
Housing Authority Julie Brewen 970/416-2917
jbrewen@fcgc)v.com
Legal Carrie Daggett 970/221-7719
cdaggett@fzgov.corn
Natural Areas &Open Lands Michelle Pawar 970/221-6263
mpawar@fc9ov.com
Parks &Recreation Marty Heffernan 970/221-6064
mheffeman fc v.com
Planning&Land Use Tom Vosburg 970/221-6224
tvosburg@fcgov..com
Public Safety&Violence prevention Rita Davis 970/221-6628
(Police Services rdavis(&fcRov.corn
Public Safety&Violence Prevention Jenny Meadows 970/224-6022
(Neighborhood Resources 'meadows fc v.com
Special Improvement Districts Alan Krcmank 970/221-6788
akrcmarik fc v.com
Technology Liz Stroh 970/221-6522
lstroh@fcgo .com
Transportation Ron Phillips 970/221-6751
. rphiRips@fcgov.com
5
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.
6
The City's adopted objective for motor vehicles is to prevent total vehicle emissions
from rising after year 2000, by reducing the growth rate of total vehicle-miles of
travel, and by reducing tailpipe emissions per mile from motor vehicles.
Therefore, the City supports the following policy statements:
1. Support legislation that uses the price mechanisms of the free market to shift
citizen and business travel behavior toward actions that reduce vehicle miles of
travel, including removing hidden cost subsidies to motor vehicle users,
employing economic incentives and disincentives, and other market approaches.
2. Support inspection/maintenance (I/M) legislation that will further reduce tailpipe
emissions per mile and help prevent total vehicle emissions from rising after
year 2000. The City is committed to working with other communities to craft
future I/M legislation that is flexible enough to allow each community to pursue
its air quality goals. To that end, the City participates with the North Front Range
Transportation and Air Quality Planning Council in a committee process to
evaluate inspection and maintenance needs.
3. Support legislation and regulations that make tailpipe standards more stringent,
that establish equal standards for cars, light trucks and sport utility vehicles, that
set fuel neutral standards for gasoline and diesel that decrease sulfur content of
. fuels and that promote advanced low emission vehicle technology.
4. Support legislation and regulations that increase the fuel efficiency of motor
vehicles and supports ongoing research to improve the safety of smaller
vehicles.
5. Support legislation and regulations that increase energy efficiency and the use
of renewable energy sources excluding residential wood-burning in order to
reduce the impact by the Fort Collins community on global warming
6. Support legislation and regulations to promote pollution prevention
7. Support Colorado self-audit law.
8.
s1
7
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.
EDUCATK)N
M.-C%atin.n.
ssbeel impast fees.
ELECTRIC SERVICES AND UTILITY
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
8
. 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.
in r G919Fade State Meuse Bell 1306 titled
/c ONG ERNING NET ENERGY METERING FOR CI EGG-RIC POWER!
cr Vn wc�a ur�.;a NET r ENERGY cd r METERING c�vc ec7rvr�cccv-rrvvrv�crc-wo
0 RtFedured by Representative Me* Udall the House T-FaRspekatien and
FineFgy Gemmittee. The boll did net make eut of Gemmittee and, at that time,
reasons Felated te deFegulatiOR issues, net the bill peF 69. it is expeGted that the
legislatuFe will again take up legislation en net FnetWiRg.
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. These
include National Electrical Code and Utility requirements;
• 2. Cost recovery — reasonable fixed costs of transmission, distribution and
generation backup are recovered from the customers on the program; and
3. Energy Credit — generated energy from the customer would be credited at
the appropriate cost reduction to the Utility.
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
9
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.
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,
10
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.
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.
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
12
. 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
13
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.
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
re ulate the interrelationships of land use, transportation, and air quality
3. Oppose legislation that allows state preemption of local government
authority to adopt environmental and land use ordinances.
14
Therefore the City supports the following federal budget policy statements:
1. Support all entitlement programs being treated with some equity in the
budget process so that not just local programs bear the burden of program
reductions. All entitlement programs, including tax expenditures, revenues,
and all discretionary spending, must be "on the table" for discussion.
2. Support review and changing of federal tax expenditures to assure that these
programs contribute, along with entitlement programs, to the balanced
budget in a manner consistent with all other expenditure programs.
3. Oppose discrimination or favoritism being shown toward any economic or
demographic group.
4. Support the Administration and Congress partnering with state and local
governments to address problems. Disproportionate burdens should not
be placed on cities and towns by inordinately cutting discretionary
programs.
5. Oppose direct assistance to cities and towns being converted to state
control
6. Oppose modification of accounting, procedural or budget rules to continue
to be used to substitute for prudent financial management.
16
. 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.
9.
FINANCE
As a municipality, the City of Fort Collins faces many complex financial issues.
The Fort Collins City Council has adopted Financial and Management Policies to
establish guidelines for long-range financial planning and to help in preparing
the City's budget. With Fevenue gFewth limited by a 1992 amendment to the
. 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 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
17
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.
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.
4. Oppose restrictions on the City's ability to adopt its own investment
policies.
18
• 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 57% of General Fund revenues. These revenues would decrease
dramatically if the City were forced to adopt the much narrower State sales tax
base and revert to centralized State collection of revenues.
Therefore, the City supports the following policy statements:
1. Support legislation that maintains local control over base, rates, collections
and administration of sales and use taxes.
2. Support cooperative efforts of the State, municipal and business entities to
simplify sales and use tax collection and maintain uniform definitions.
3. Support cooperative audits by governmental agencies in order to provide
better customer service and minimize disruption to major taxpayers.
4. Oppose legislation that creates State sales and use tax exemptions that
would contradict current compatible State and local interpretations.
5. Oppose legislation at the State and Federal level that preempts local authority
to impose and collect sales and use taxes.
•
19
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
(CD)from counties or municipalities to establish new hazardous waste
incineration facilities.
20
s
. 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.
4. 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.
5.
LIBRARY SERVICES
•
21
The City recognizes the critical importance of free access to information
resources in a democratic society and is committed to providing the community
with excellent library services.
Therefore, the City supports the following policy statements:
1. Support providing library services to people of all ages, abilities, income
levels and ethnicity.
2. Support intellectual freedom and access to information but provide parents
and guardians with options to filter internet access for minors.
3. Support legislation that enhances the City's ability to provide library
services for the interest, information, enlightenment and lifelong learning of
all people.
4. Support providing children and adults with the skills they need to read
proficiently and to use the information resources available in a modern,
global information society.
5. Support funding for library services.
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.
22
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 astwe 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,
improved health, less crime and a greater sense of community because of our
quality parks and recreation programs.
23
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 and full 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. Oppose legislation that would inappropriately limit local government authority to
regulate land development
4. Oppose legislation that would extend the definition of a compensable taking
beyond the provisions of existing court decisions and case law
5. Oppose legislation that would broaden the definition of vested property rights
beyond the provisions of current state law.
6. Support specific legislation that would establish a baseline of consistent and
coordinated basic land use and transportation planning within the state's rapidly
growing communities. This planning should be based on consistent and credible
population forecasts and should support growth management techniques such as
establishment of urban growth boundaries and adequate public facilities
requirements.
7. Oppose efforts that limit a municipality's rights to annexation and limit our ability
to serve anyone.
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
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:
•
25
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.
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.
26
2. Support legislation that impacts youth violence problems through the
development of treatment and intervention programs.
3. Support legislation that provides greater protection to victims of domestic
violence.
4. Support legislation that respects the City's � right to use camera radar
and red-light cameras
iEs-ase.
YFicieney making"
d8ViGe as FepeFted by
the legislatufe-.
6. 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.
7. Oppose programs that compromise officers' safety, support drug use and do not
have a proven track record in reducing drug abuse.
8. uFniting local access to State data hanks motor
vehicle records for communities that do not comply with phete-radar
legislation.
9. Support increased funding to finance a statewide communications program.
10.
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:
■ Oppose legislation that reduces current state funding of these benefits or shifts
. funding to local governments beyond current proportions.
27
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 Lairimer 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.
28
• 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.
29
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.
30
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.
S. 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.
•
31
9. Support the application of fair and reasonable fees in a competitively neutral and
nondiscriminatory manner for all users of the rights-of-way including
telecommunications service providers.
10. Such fees should fully recover the City s direct and indirect costs related to the
use of the ROW, such as street maintenance and replacement, and they should
compensate the City for the fair value of the property interest that is being
provided.
11. Support the City safeguarding citizens against market inequities by maximizing
their ability to utilize and facilitate access to telecommunications resources.
Recognizing that telecommunications resources have considerable value.
12. In order to provide the best possible government and educational services, the
City will continue to enhance and advance its own internal use of
telecommunications. To meet these objectives, telecommunications
infrastructure and services may be provided through activities of the City
and/or Platte River Power Authority.
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. Su ort cooperative programs among local governments and federal, state,
and county agencies to help meet basic transportation needs, such
as transportation demand management programs, transit, street, highway,
road and bridge construction and maintenance, and safe corridors for
bicyclists and pedestrians.
2. Support the current allocation formula of 60% state, 22% counties, and 18%
municipalities for Highway User Tax Fund (HUTF) revenues. Support
32
. 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.
7. Support the elimination ofoff-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.
• 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.
•
33
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.
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.
34
. WORKERS' COMPENSATION
The City of Fort Collins City Council recognizes the dual purpose of the workers'
compensation system - providing benefits promptly to injured employees in a
cost-effective manner, and minimizing costly litigation. Council also recognizes
that the City's self-insurance program is a cost efficient method to insure
workers' compensation and that government intervention or taxation can
negatively impact the City.
Therefore, the City 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.
35
• FORT COLLINS CITY COUNCIL
2002 LEGISLATIVE POLICY AGENDA
EXECUTIVE SUMMARY
AFFORDABLE HOUSING
Support
• Involvement by state and federal governments in
order to maintain current levels of HUD funding.
• Amendment of State rent control statute to exempt Oppose
rent controls imposed for the purpose of maintaining • Adoption of standards that weaken current air quality
the affordability of housing. standards.
• Restricting local government authority to improve air
Oppose quality beyond minimum state orfederal
• Legislation that limits our ability to generate requirements.
alternative sources of funding, especially through
public-private partnerships. CULTURAL SERVICES
• Legislation that limits the City's ability to regulate
and manage affordable housing issues. Support
AIR QUALITY • Funding for cultural services for the education,
entertainment and enrichment of the community.
Support • The creation and presentation of the arts.
• State and Federal standards that improve air quality • Strengthening the role of culture and the arts in our
and public health protection. educational system.
• Encouragement of regional planning efforts. • Preserving our cultural heritage
• The ability of County and State Health Departments • Public access to and awareness and appreciation of
to have the responsibility, authority and resources the arts.
necessary to enforce regulations adopted by the
Colorado Air Quality Commission. EDUCATION
• Enforcement of County, State and Federal air quality SUPPOFt
regulations.
• Using economic incentives and disincentives
removing hidden cost subsidies to motor vehicle
users, etc., in order to facilitate the reduction of that Fs 9Rd are not '
vehicle miles traveled.
• Inspection/maintenance legislation that contributes
to the reduction of tailpipe emissions per mile and
helps prevent total vehicle emissions from increasing after the year 2000 without unFeasenable ELECTRIC SERVICES UTILITY
• NET METERING
More stringent tailpipe standards.
• Establishment of equal standards for cars, light Support
trucks and sport utility vehicles. Net metering legislation that addresses safety, cost
• Fuel neutral standards for gasoline and diesel that recovery and proper energy credit as a way to
decrease sulfur content of fuels and promote promote renewable energy.
advanced low emission vehicle technology.
• Increased fuel efficiency in motor vehicles. RETAIL WHEELING
• Increased energy efficiency and use of renewable
energy resources (excluding residential Support
woodbuming). • Municipal systems retaining the flexibility to establish
• Pollution prevention measures. restructuring rules if necessary.
• Colorado's self-audit law. 0 Furthering the development of competitively
0 effective wholesale markets.
• Protecting consumers(residential, low income,fixed Municipal utilities being the provider of standard
income,small business and small agricultural offer service to customers who do not choose an
customers)from adverse rate effects and the afiemative power supplier.
inability to participate in a restructured market.
• Comprehensive enforcement mechanisms to prohibit Oppose
power suppliers from engaging in unfair trade and • Federal and/or State mandates requiring municipal
marketing practices. utilities to implement retail restructuring.
• Licensing requirements for new electric suppliers. • Interference with local decision-making ability.
• Rate being established on cost-based principles • Exercise of market power.
determined by the local governing body. • Unfairtrade and marketing practices.
• Aggregation programs so smaller power providers
can have effective buying power. ENVIRONMENTAL QUALITY
• Full recovery of costs associated with distribution of
electric power. Support
• Taxes and fees on electric services that have been • Flexible application of financial resources.
affected by retail restructuring (bundled or • Local efforts to plan and regulate the
unbundled). interrelationships of land use,transportation and air
• Municipal utilities determining the nature and quality and the regional determination of air quality
amount of any standard costs or benefits from retail attainment status.
restructuring.
• All industry sectors adhering to the same Oppose
requirements concerning open meetings and public • Preemption of local authority to adopt environmental
records, and land use ordinances.
• All suppliers must maintain sufficient capacity to • Restriction of local government environmental and
meet peak demands and adequate reserves as land use authority now authorized by the Colorado
required under current laws, regulations and Constitution.
reliability standards.
• Establishing a regional transmission organization FEDERAL BUDGET
before retail restructuring is implemented.
• The municipal utility retaining the right to meter and Support
bill customers, investigate and claim recovery for • Equitable review and treatment of all federal
energy diversion and disconnect service for programs during the budget process.
nonpayment. • Critical review and updating of federal tax
• All utilities having the opportunity to offer value- expenditures.
added products and services.
• Retail restructuring legislation that has an"effective
date'.
• Municipal Utilities have the right to determine costs • Direct federal to local funding for high priority local
charged to the consumer and the extent to which needs.
municipal utilities must supply service to distribution Balanced budget and reduction of national debt.
customers.
• The General Assembly providing programs to
financially assist low income consumers,to educate
consumers about the restructured electric market Oppose
and provide retraining of utility employees for retail • Converting local assistance to state or federal
restructuring legislation. control.
• Voluntary customer options to purchase renewable • Altering accounting, procedural or budget rules in
energy. place of actual deficit reduction.
• Current Colorado laws regarding utility • Federal budget cuts that result in higher burdens
compensation for territory transfers resulting from bein laced on cities and towns.
annexations.
• Regulated monopoly service for transmission and
distribution functions.
• Environmental impact assessments, health risk
assessments and receipt of a Certificate of
FINANCE Designations from counties or municipalities,to
establish new hazardous waste incineration
Support facilities.
• Maintaining existing and providing additional • Pollution prevention programs.
financing methods for local government to support • Enforcement and strengthening of state hazardous
provision of municipal services. materials regulations.
• Public and private economic development efforts Oppose
that are consistent with the City's economic
development policies(benefits should be shown to Restricting the City from adopting local strategies for
exceed costs). hazardous materials and waste reduction.
• Equitable policies among taxing jurisdictions when • Restricting the City's ability to review and approve
the locations of facilities that use or store hazardous
offering financial incentives to business.
• materials or waste.
Removal or modification of key provisions of Article
X, Section 20,that inhibit public entities ability to HOME RULE
receive and retain user fees for services that
residents and customers desire. Support
• Equitable tax treatment of sales and use taxes to
residents and corporations residing or doing Strengthening home rule authority of municipal
business in cities and towns whether the transaction governments.
is made electronically or by mail.
Oppose
Oppose • Mandating state or federal intervention in matters of
local concern.
• State mandated reductions to property tax structure
without speck revenue replacement provisions. & Limiting the City's ability as a home rule municipality,
The tax base must be as broad as possible and to regulate the possession or use of firearms or
exemptions extremely limited. other deadly weapons.
• Reduction of City's sales and use tax revenue base INVESTMENTS
• Limitations on the use of franchise fees and user
charges for businesses that conduct business within Support
public rights of way. • Protection of investments by government entities.
FIRE PROTECTION • Adequate investment disclosure.
Support Oppose
• A minimum standard for fire code enforcement in • Requirement of municipalities to participate in
existing and newly constructed structures (Uniform investments that do not meet the objectives set forth
Fire Code should be 1997 or later). in the City's policies.
• Municipalities imposing more restrictive standards • Any restrictions on the City's ability to adopt its own
for fire code enforcement. investment policies.
• Municipal, county and fire district control regarding
the prohibition and of use and sale of all fireworks. LIBRARY SERVICES
• Fire safety education that leads to the prevention of
injury, loss of Ilte and property damage. Support
• Providing library services to people of all ages,
HAZARDOUS MATERIALS MANAGEMENT abilities, income levels and ethnicity.
• Intellectual freedom and access to information
Support • Funding library services
Municipal control of risks associated with the use, • Providing children and adults with the skills they
storage, and transportation of hazardous materials. need to read proficiently and to use the information
resources available in a modem, global information
society.
• Enhancement of the City's ability to provide library • Establishment of programs that promote
services for the interest, information, enlightenment intergovernmental or regional cooperation in land
and lifelong learning®. use planning and land development regulation.
• A baseline of consistent and coordinated basic land
MUNICIPAL UTILITY SERVICE TERRITORY use and transportation planning.
Oppose
Support . Limiting local government authority tore ulate land
itz• Allowing cens the ability to determine the level development .
and extent of municipal services they will receive. • Extending the definition of a compensable taking
beyond the provisions of existing court decisions
Oppose and case law.
• Limiting a municipality's right to annex or to provide • Limiting a municipality's right to annex or to provide
services to any of its citizens. services to any of its citizens.
NATURAL AREAS & OPEN SPACE • Broadening the definition of vested property right
beyond the provisions of current state law.
Support PRIVATIZATION
• Tax incentives for voluntary land conservation by
private landowners. Support
• Additional funding for state and federal land • Provision of services through private enterprise
conservation programs. when in the public's best interest.
• Federal adoption of the Technical Corrections Bill for • Local control for awarding contracts
the Cache la Poudre River Corridor Act.
Oppose
Oppose • Mandates that increase the complexity and cost of
• Restricting local government environmental and land service without improving those services.
use regulatory authority.
• Reducing the effectiveness of existing federal and PUBLIC SAFETY &VIOLENCE PREVENTIO._
state protection for wetlands,wildlife habitats, and
other sensitive natural areas. NEIGHBORHOOD RESOURCES
PARKS & RECREATION Support
• Local, state and national funding efforts for the
Support provision of community-based mediation and other
• Funding for parks,trails, forestry, horticulture and altemative dispute resolution services.
recreation services and facilities. • The expansion of mediation services.
• The Colorado Lottery and its current distribution of . Community outreach and education efforts to
lottery proceeds. provide effective conflict resolution and
• Great Outdoors Colorado and the full funding for communication skills to citizens in need.
municipal government projects,with maximum local • Collaborative efforts between City-sanctioned
discretion regarding local needs and priorities. mediation services and youth-based dispute
• Partnerships that improve the provision of parks and resolution programs.
recreation services and facilities to the community.
• Promoting programs for youth and at-risk teens and POLICE SERVICES
for persons with disabilities
Support
PLANNING & LAND USE • Reducing incidents of violence especially youth
violence.
Support • Development of treatment and intervention
• Establishment of programs to'remove.barriers to programs for youth violence.
effective local land use planning and land . Greater protection for victims-of domestic violence.
development. ' • The City's htrtotise camera radar and red-light
cameras -
doted-d by its Ilse Oppose
. • Limiting local government ability to regulate the
• Legislation that would amend state law relating to activities of private waste or recycling collectors.
the issuance of concealed weapons permits so as to . Limiting local government ability to provide waste or
vest the authority with CBI at no cost to the recycling collection or processing services to
municipality in which the applicant resides. citizens.
• Financin of a statewide communications ram.
• SALES & USE TAX
Support
Local control over base, rates, collections and
Oppose administration of sales and use taxes.
• Programs that compromise officer safety. • Cooperative efforts by governmental agencies and
• Programs that support drug use and do not have a business entities to simplify sales and use tax
proven track record in reducing drug abuse. collection and maintain uniform definitions.
• Limiting local access to State data bank motor
vehicle records for communities that do not comply Oppose
with photo 1111111radar legislation. • Creating state sales and use tax exemptions that
would contradict current local interpretations.
PUBLIC SAFETY PENSIONS . Preempting local authority to impose and collect
sales and use taxes.
Oppose
Reducing the current state funding of these benefits. SOVEREIGN & GOVERNMENTAL IMMUNITY
Shifting funding of these benefits to local
governments beyond current proportions. Support
• Protecting the interests of municipalities in the lawful
RECYCLING & SOLID WASTE and proper performance of their duties and
responsibilities.
Support • Discouraging baseless and frivolous claims and
• Integrated waste management planning for local and demands against municipalities.
regional communities.
• Incentives and funding for efforts by local Oppose
government and private enterprise. Creating municipal liability.
• 'Buy recycled'for state procurement.
• Expanding state and regional markets for materials SPECIAL IMPROVEMENT DISTRICTS
collected in local recycling programs.
• Broadening the regulatory authority of local Support
government to ensure the efficient collection of • Local government's ability to create special
processing of recyclable material and solid waste. improvement districts.
• Establishing a solid waste goal up to 35% or better • Collection of delinquent assessments
for Colorado's rate of diversion of its waste stream • Strengthening the lien position of assessments.
from landfill disposal . Lien holders to foreclose special assessment liens
• State involvement regarding monitoring data on quickly and reduce carrying costs.
trash volumes and rate of diversion from landfill • Reducing the complexities of obtaining clear tide to
disposal. properties acquired through the Treasurer's Deed
• Implementation of'pay as you throw" programs process.
throughout Colorado.
• Corporate incentives to use secondary material in SUBDIVISIONS, VACATION OF OBSOLETE
manufacturing.
• Consideration of landfill surcharges in Colorado that Support
would fund recycling efforts. Review of all subdivisions up to 160 acres by the
• Consideration of certain waste restrictions in County to allow jurisdictions to vacate obsolete plats
Colorado landfills(e.g. "green" ban of organic and subdivisions where appropriate.
• materials, or'white goods" ban).
• The ability to charge for the cost of acquisition,
TAX EXEMPT FINANCING compilation, or provision of access to electronic ant
hardcopy public data information.
Support
• Tax Exempt Financing for facilities owned by TRANSPORTATION
municipal utilities and political subdivisions of the
states. Support
• Public Power systems issuing tax-exempt bonds. • Meeting basic transportation needs via cooperation
between local, county, state and federal
Oppose govemments.
• Changes in tax law that would limit use of tax • Current Highway User Fund allocation of 60% state,
exempt financing. 22% counties and 18% municipalities.
• Federal tax on revenue generators(relied upon by state • Share back with local govemments of any
and local governments.) transportation appropriation from the state at the 60-
• Proposals that block municipal service to annexed areas. 22-18 formula.
• Restricting a community's public power entity to sell power • Fund analysis and implementation of the linkages
from existing facilities. between commuters and rail/transit altematives.
• Regional planning for aftemative transportation and
TELECOMMUNICATIONS a modal shift of 10%from single occupant vehicle
usage to aRemative modes of travel.
Support • Increased funding for transportation with flexibility for
• Public access to municipal and community all modes of transportation.
information. • The full appropriation and use of federal
• Individual right to privacy and the right of access to transportation trust funds and motor fuel taxes for
public records for citizens using the information federal, state or local transportation purposes.
infrastructure. • Highway Users Tax Fund monies flowing directly to
• Universal access to telecommunications services by the transportation needs for which they are intended,
citizens, commercial, educational and govemmental by changing budget support for the Colorado State
sectors. Patrol and Ports of Entry back to the general fund.
• Open marketplace for telecommunications services
in a competitively neutral environment.
• Local control for zoning requirements and siting
standards for above ground telecommunication
transceiver structures. WATER UTILITIES
• Local control for public rights of way.
• Local control for adhering to customer service Support—General
standards. • Reasonable limitation of liability for Water,
• Local control for mitigating negative impacts on local Stormwater and Wastewater operations.
infrastructures. • Legislation that maintains the authority delegated to
• Local control for recovering costs associated with the State to administer federal mandated water,
rights of way maintenance. stormwater and wastewater environmental
• Local control for managing methods of facilities regulatory programs(primacy).
installation. • Reasonable water quality control regulations that are
• Granting franchises to telecommunication cost effective and can show identifiable benefits.
companies. • Appointment of directors for water conservancy
• Rights of Way for the installation of districts.
telecommunications facilities. • Local development of watershed protection efforts.
• Maximizing the City's ability to access • Cooperation among City Water Utilities and other
telecommunication resources. water and wastewater treatment providers.
• The application of fair and reasonable fees for all
users of the rights of way. Support—Water
• Adequate allocation of public radio frequencies for • Limiting the federal govemment's ability to affect
public safety, emergency services, public works, etc. water rights.
• State and federal funding of mandated programs
under the Safe Drinking Water Act.
Oppose—Water
. Any legislation not founded on sound and
comprehensive scientific research.
Any dean water legislation or regulations that do not
consider the impact on other contaminants and the
contaminant removal process.
Support—Wastewater
• State and federal funding of mandated programs
under the Clean Water Act.
• Providing the state with the flexibility to tailor federal
legislation and regulations to local conditions.
Oppose—Wastewater
• Clean water legislation or regulations not founded on
sound and comprehensive scientific research.
• Any dean water legislation that ignores a potential
impact on contaminants and the contaminant
removal process.
WORKERS COMPENSATION
Support
Improving the administrative efficiency of the
Division of Workers'Compensation.
Oppose
• Increasing insurance premium costs to employers.
Adding administrative burdens or taxes to self-
insurance programs.
• Promoting litigation.
w