HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/19/2013 - RESOLUTION 2013-094 ADOPTING THE CITY'S 2014 LEGISAgenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY November 19, 2013
City Council
STAFF
Dan Weinheimer, Policy & Project Manager
Wendy Williams, Assistant City Manager
SUBJECT
Resolution 2013-094 Adopting the City's 2014 Legislative Policy Agenda.
EXECUTIVE SUMMARY
The purpose of this item is to adopt the City Council's 2014 Legislative Policy Agenda. Each year the
Legislative Review Committee (LRC) develops a legislative agenda to assist in the analysis of pending
legislation. The Legislative Policy Agenda is used as a guide by Council and staff to determine positions
on legislation pending at the state and federal levels and as a general reference for state legislators and
congressional delegation.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The Legislative Policy Agenda includes policies on issues that affect the quality of life and governance of
our community. It is used as a guide by Council and staff to determine positions on pending legislation,
and as a general reference for state legislators and congressional delegation. The 2014 Agenda was
developed with input from City staff and reviewed by the Legislative Review Committee.
Fort Collins' Legislative Policy Agenda includes 2014 priorities - issues that are of immediate concern to
the City Council and items that are expected to be debated in the 2014 General Assembly session. The
Legislative Policy Agenda also attempts to capture positions on wide-ranging issues that may impact City
operations and community quality of life. These positions reflect a great deal of historical community
input, discussion by City Council's Legislative Review Committee (LRC), the expertise of staff, and
statewide policy discussions.
Recent additions to the Legislative Policy Agenda are specific sections on topics like oil and gas,
marijuana, economic development and development review and inspection. These additions attempt to
simplify the use of the Legislative Policy Agenda for readers by aggregating policy statements that had
been spread throughout the document or address gaps identified by staff in utilizing the document.
FINANCIAL / ECONOMIC IMPACT
The Legislative Policy Agenda (attached to the Resolution as Exhibit A) contains a number of policies
that speak to economic impacts. The Finance section (page 11) contains several statements that address
the need to protect the City’s revenue base. It also calls for support for legislation “that promotes
sustainable economic development.” Other policies that support sound fiscal practices are imbedded
throughout the document.
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Agenda Item 9
Item # 9 Page 2
ENVIRONMENTAL IMPACTS
Several sections of the Legislative Policy Agenda directly address environmental impacts and support for
legislation that will help the City forward its environmental goals. These include statements under the
headings of Air Quality (page 14), Climate and Environmental Protection (page 15), Natural Areas and
Open Lands (page 15), Oil and Gas (page 16), Recycling and Solid Waste (page 17), Energy (page 22)
and Water Supply and Quality (page 22).
BOARD / COMMISSION RECOMMENDATION
Staff has shared the draft Legislative Policy Agenda with the Chair and Vice-chair of each City board or
commission, seeking input and comment. Staff also presented the germane parts of the Legislative Policy
Agenda and the 2014 priorities to several boards upon request.
PUBLIC OUTREACH
No public outreach was conducted on this document.
ATTACHMENTS
1. : 2014 Legislative priorities (PDF)
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City of Fort Collins
2014 Legislative Priorities
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Attachment9.1: 2014 Legislative priorities (Legislative Policy Agenda)
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Attachment9.1: 2014 Legislative priorities (Legislative Policy Agenda)
3
Introduction
Fort Collins is a community of more than 151,000 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 Fort Collins City Council annually adopts a wide-ranging set of policy statements
meant to convey positions on issues that affect the quality of life and the governance
of our community.
Fort Collins is a data-driven municipal organization that strives to fulfi ll its mission,
“Exceptional service for an exceptional community”, through a vision of providing world-
class municipal services through operational excellence and a culture of innovation. City
leaders seek innovative solutions to issues facing the community and are often willing to
leverage emerging technologies.
The 2014 City of Fort Collins Legislative Policy Agenda identifi es a broad range of 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. Our policy agenda is
structured to address areas of local concern and to also refl ect the strategic planning that
guides City of Fort Collins organizational resource allocation and decision making.
The City’s Legislative Priorities are those issues that Fort Collins is focusing on in the 2014
Colorado General Assembly or United States Congress. These priority topics, like the City’s
overall policies, are reviewed and updated annually.
Seven outcome areas have been identifi ed by the City to ensure appropriate and effective
resource allocation to support the community’s priorities. Fort Collins’ outcome areas
include High Performing Government, Transportation, Culture, Parks and Recreation,
Economic Health, Neighborhood Livability, Environmental Health, and Safe Community.
The Policy Agenda identifi es specifi c City Council-adopted goals associated with the policy
statements. This alignment is important for City staff to ensure that advocacy supports
specifi c desired outcomes.
Fort Collins Legislative
Representation
United States Senate
• MARK UDALL
HART OFFICE BUILDING
SUITE SH-730
WASHINGTON, D.C. 20510
P: 202-224-5941
• MICHAEL BENNET
458 RUSSELL
SENATE OFFICE BUILDING
WASHINGTON, DC 20510
P: 202-224-5852
United States House
of Representatives
• JARED POLIS
1433 LONGWORTH
HOUSE OFFICE BUILDING
WASHINGTON, DC 20515
P: 202-225-2161
Colorado State Senate
• JOHN KEFALAS
SENATE DISTRICT 14
200 EAST COLFAX, ROOM 338
DENVER, CO 80203
P: 303-866-4841
Colorado House
of Representatives
• RANDY FISCHER
DISTRICT 53
4
City of Fort Collins
Legislative Review
Committee
The Legislative Review Committee (LRC) is a representative group of Council members that
reviews and reacts to proposed legislation on behalf of City Council and the City. In taking
a position on particular bills, the LRC interprets and applies the various policies that are
included in the Legislative Policy Agenda.
Council Members presently serving on the Legislative Review Committee are:
• Councilmember Wade Troxell, Chair
• Councilmember Lisa Poppaw
• Councilmember Ross Cunniff
Legislative Review Process
Bills introduced in the Colorado General Assembly or United States Congress are reviewed by
the Legislative Policy Manager and those addressing a legislative priority or adopted policy
position are brought to the Legislative Review Committee (LRC) for discussion of an offi cial
City position. Once a position is adopted on a bill, the Legislative Policy Manager conveys
that information to the appropriate state or federal representative and advocates for the
City’s adopted position.
Staff liaisons support the LRC by contributing expertise in various areas of municipal
service. The input offered by staff experts is invaluable in analyzing impacts of proposals to
Fort Collins operations and the community. Fort Collins also works with community partners
to support local projects and staff collaborates with representatives of other municipalities
on mutually-held priorities. Fort Collins actively seeks innovative partnerships to leverage
positive outcomes for residents.
The City works closely with the Colorado Municipal League on many legislative items facing
cities. Fort Collins works with Colorado Association of Municipal Utilities (CAMU) which
represents 29 municipal utilities throughout the state on utility issues. Fort Collins actively
participates in the Colorado Water Congress State Affairs Committee to address water-
related issues.
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Attachment9.1: 2014 Legislative priorities (Legislative Policy Agenda)
Urban Renewal Authority
is an important tool
for Fort Collins to address
community blight
and encourage infi ll
redevelopment
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Attachment9.1: 2014 Legislative priorities (Legislative Policy Agenda)
Legislative Priorities
Objective:
Support retention of Urban Renewal Authority
Issue:
Urban Renewal Authority (URA) is a statewide tool in place to identify and revitalize areas
of the city deemed blighted and provide a funding mechanism to encourage redevelopment.
The main funding tool for URA is Tax Increment Financing (TIF) generated through property
taxes. In its best intention, urban renewal restores economic vitality and improves the safety
of a designated area. Redeveloping urban areas is much harder and more expensive than
new development in “greenfield sites”, thus responds to larger, more costly infrastructure
needs. The state of Colorado has empowered local authorities to use Urban Renewal
Authorities to encourage revitalization and the elimination of blight in these areas.
URA law has been frequently modified by the General Assembly, including many changes
supported by the City. This year it is anticipated that several bills could be introduced to
further modify the use of URA and TIF. Fort Collins attempts to use URA and TIF judiciously
but also recognizes the concerns raised by counties, special districts and school districts
about the use of TIF. URA is an important and useful tool for Fort Collins in addressing
community blight and encouraging redevelopment rather than sprawl.
Fort Collins supports dialogue on URA enhancements but does not support bills that would
eliminate the use of URA or TIF.
Objective:
Support increasing local control of oil and gas operations
Issue:
Fort Collins, like many other Colorado communities, has taken steps to address oil and
gas extraction. Those efforts have been limited by the Colorado Oil and Gas Conservation
Commission (COGCC) rules that limit restrictions communities can impose and the
information available to residents about potentially harmful practices.
Fort Collins seeks the following:
• Increased local flexibility to regulate oil and gas activity within its incorporated borders
• Additional information about the chemicals being injected into the ground, especially
during hydraulic fracturing
• Greater knowledge and control of air emission from extraction processes and
production equipment
• Enhanced right for communities to regulate oil and gas as an industrial practice and
therefore apply local zoning practices to operators
• Better balance between surface land ownership and mineral right ownership
Fort Collins intends to use existing programs like the Local Government Designee (LGD) to
their fullest potential but will also seek legislative remedies to areas of greatest concern.
Fort Collins will also work with other interested communities to address oil and gas
operation concerns.
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Attachment9.1: 2014 Legislative priorities (Legislative Policy Agenda)
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Objective:
Implement solutions for railroad horn noise
Issue:
In June 2005 the Federal Railroad Administration (FRA) implemented a new federal Train
Horn Rule that significantly increased the duration, frequency and volume level of train
horns at all public grade crossings. Fort Collins is one of many communities across Colorado
and the United States that was built along rail lines. The increased noise from the horns
has resulted in mounting citizens’ complaints and threatens the economic viability of our
community. “Quiet Zones” are offered as a way to mitigate the loud horn noise however
studies and mitigation actions are costing many hundreds of thousands of dollars.
In order to clean our air, reduce auto congestion and improve quality of life, several federal
agencies including the EPA, HUD and the Federal Transit Administration are encouraging
Transit Oriented Development. The Mason Corridor Bus Rapid Transit, which will begin
operation in 2014, is one example and we very much appreciate federal support of this
project. The idea behind Transit Oriented Development is to bring residents closer to mass
transit lines so that they can use mass transportation, and so that downtown revitalization
can occur. At the same time, the FRA train horn rule in effect is discouraging the
development community and residents from locating around transit. Reform is needed.
FRA has discussed the rule in terms of ensuring automobile safety – that blasting a horn
as the train nears an intersection will prevent accidents. The alternative is expensive quiet
zones or approved countermeasures. Fort Collins accident data along Mason Street in
Downtown demonstrates that accidents are rare and typically involve risk-taking behavior.
Objective:
Support allowing local governments to provide broadband and enhanced
communication services
Issue:
In 2005, the Colorado General Assembly passed SB 152, “Competition in Utility and
Entertainment Services.” The legislature’s stated intent behind the act was predictability,
uniformity, and fairness in the cable television, telecommunications, and high-speed
Internet access industries, especially where affected by municipal actions.
SB 152 prohibits local governments from directly or indirectly providing cable television
service, telecommunications service, or advanced service. “Advanced service” is defined as
“high-speed internet access capability in excess of two hundred fifty six kilobits per second
both upstream and downstream.” Wired and wireless broadband services are included in
this category.
Fort Collins Information Technology Department can provide wired and wireless broadband
services to City offices and City-owned facilities but is precluded from doing so. The City
supports modifying or repealing the provisions of SB05-152 to allow municipalities to
provide this “advanced service” in their own buildings and facilities.
The increased noise
from the horns has resulted
in mounting citizens’
complaints and threatens
the economic viability
of our community.
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Attachment9.1: 2014 Legislative priorities (Legislative Policy Agenda)
Objective:
Support clarity and consistency between state and federal marijuana laws
Issue:
The passage and implementation of Amendment 64 legalized adult use marijuana
in Colorado.
Fort Collins seeks clarification on the following items:
• Conflicts exist between state and federal laws regarding marijuana possession
• The extent communities can regulate and tax marijuana
• Enforcement of the new law and its impacts on local staff and public safety resources
• Rules pertaining to packaging and labeling marijuana and products containing marijuana
• The amount and portion shared locally of sales and excise taxes
• Hours and standards for operation for marijuana businesses
• Effectively funding prevention of under-21 possession and use
In addition to adult use marijuana, communities across the United States that have
authorized medical marijuana are struggling with implementation and the need for a
single, viable distribution system. At the core of the issues with both medical and adult
use marijuana is the classification of the drug. Because marijuana is currently classified
as a Schedule 1 drug, it cannot be researched, prescribed by a doctor or handled through
the same distribution channels as other prescribed drugs. As a result, different states
have adopted different approaches and experience conflicts with federal laws. In Colorado,
medical marijuana is recommended by a doctor but not prescribed.
Work is needed at the federal level to clarify this issue. The federal classification should
be re-evaluated and possibly changed in order to allow more medical research. If it is
determined that marijuana fits one of the other classifications and does have medical
benefits, it could be included in the existing drug delivery system.
Objective:
Support necessary resources to aid Northern Colorado recovery
from 2013 flooding
Issue:
Northern Colorado sustained significant flooding that left many people dead, thousands
displaced, and infrastructure severely compromised. Fort Collins and its regional partners
will seek funding to rebuild infrastructure. Roads, bridges, stormwater and wastewater
systems were damaged in many communities throughout Northern Colorado. Residents
need to have transportation, sanitary systems and safe housing. Rebuilding the roads
and bridges is also critical to restoring tourism and access to the environmental assets
of the region.
Fort Collins stands alongside its neighbors in supporting funding needed to replace or
repair needed systems.
Rebuilding the roads
and bridges is also critical
to restoring tourism and
access to the environmental
assets of the region.
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Attachment9.1: 2014 Legislative priorities (Legislative Policy Agenda)
9
Objective:
Support funding for transportation infrastructure with an emphasis
on building an integrated, multi-modal system
Issue:
Funding for vital transportation infrastructure will continue to be a high priority for the City
of Fort Collins. We strongly support preservation of federal levels of funding and allocation
of all federal motor fuel taxes and other federal transportation trust funds for their intended
purposes. In addition, we urge development of a new, more stable, long range transportation
funding mechanism that doesn’t rely upon fuel tax revenues. This is no longer a sustainable
method of funding the nation’s transportation infrastructure needs.
The City applauds the reauthorization of the nation’s surface transportation law with a focus
on transit, livable communities, comprehensive regional planning, revitalization of existing
infrastructure, pedestrian and bicycle infrastructure, and other approaches that decrease
petroleum consumption and reduce carbon pollution. S.1813 – Moving Ahead for Progress in
the 21st Century (MAP 21) – has many positive attributes however more work is needed to
ensure that funding for transit, bicycling, and walking is protected and enhanced, especially
at the local level. While MAP-21 provides funding for many Federal and State programs and
needs, it appears to further localize the cost of many multi-modal projects and programs.
Objective:
Emphasize federal policies and resources needed to sustain local cleaner
energy progress
Issue:
The “Empowering Local Clean Energy Action” federal policy agenda identifies key policies
and resources needed for local governments to sustain cleaner energy progress. These
include investments in federal programs such as the Department of Energy’s Energy
Efficiency and Conservation Block Grants, EPA’s Climate Showcase Communities, HUD’s
Sustainable Communities, and other programs that provide direct support for local
sustainability initiatives.
We urge development of
a new, more stable, long
range transportation funding
mechanism that doesn’t rely
upon fuel tax revenues. This
is no longer a sustainable
method of funding the
nation’s transportation
infrastructure needs.
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Attachment9.1: 2014 Legislative priorities (Legislative Policy Agenda)
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Objective:
Support integrated waste management planning, including the potential
for waste-to-energy benefits
Issue:
The Fort Collins community is just one member of a regional “waste shed” in Northern
Colorado. The City acknowledges this interdependence, and the role that state legislation
can, and should, play in applying broad measures such as setting a state waste diversion
goal and helping to support related strategies, which could also serve to reduce carbon
emissions and create opportunities for waste-to-energy applications when ultra-low
pollution conversion technology is used.
The City relies on regional and state-wide infrastructure and systems for conventional
landfill disposal alternatives such as commercial-scale composting, bio-digesters, recycled-
content manufacturers, and specialty landfills. We can only be effective at meeting the
community’s waste reduction goals if facility managers have confidence to develop and
expand in Colorado, guided by new legislation that drives waste diversion.
HB07-1288, the Recycling Resources Economic Opportunity Act, will sunset in 2017. The City
supports extending the provisions of this bill, which established a grant fund for recycling
projects using revenue from a seven-cents/ton surcharge on trash placed in Colorado
landfills. The City supports the grant program and further seeks steps to increase funding
for this high-performing recycling program.
Reduce carbon emissions
and create opportunities
for waste-to-energy
applications when ultra-
low pollution conversion
technology is used.
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Attachment9.1: 2014 Legislative priorities (Legislative Policy Agenda)
City of Fort Collins Legislative Contacts
Legislative Review Committee
Name District/Title Email
Councilmember Wade Troxell District 4 wtroxell@fcgov.com
Councilmember Lisa Poppaw District 2 lpoppaw@fcgov.com
Councilmember Ross Cunniff District 5 rcunniff@fcgov.com
Wendy Williams Assistant City Manager wwilliams@fcgov.com
Steve Roy City Attorney sroy@fcgov.com
Dan Weinheimer Legislative Policy Manager dweinheimer@fcgov.com
Legislative Staff Liaison Members
Topic Area Name Title Email
Affordable Housing and
Social Sustainability
Joe Frank Social Sustainability Director jfrank@fcgov.com
Air Quality Melissa Hovey Senior Environmental Planner mhovey@fcgov.com
Cable Television Franchise Carson Hamlin Cable Television Manager chamlin@fcgov.com
Climate and Environmental Protection Lucinda Smith Environmental Services Director lsmith@fcgov.com
Elections, Liquor Licensing,
Medical Marijuana Licensing
Wanda Nelson City Clerk wnelson@fcgov.com
Cultural Services, Parks and Recreation J.R. Schnelzer Director of Parks jrschnelzer@fcgov.com
Energy Steve Catanach Light and Power Operations Manager SCatanach@fcgov.com
Finance Michael Beckstead Chief Financial Officer mbeckstead@fcgov.com
Economic Health Josh Birks Economic Health Director jbirks@fcgov.com
Fire Protection and
Hazardous Materials Management
Bob Poncelow
Division Chief,
Poudre Fire Authority
bponcelow@poudre-fire.
org
Human Resources Janet Miller Human Resources Director jmiller@fcgov.com
Legal Carrie Daggett Deputy City Attorney cdaggett@fcgov.com
Natural Areas, Open Lands and
Cache la Poudre River Issues
John Stokes Natural Resources Director jstokes@fcgov.com
Neighborhood and Building Services Mike Gebo Chief Building Official mgebo@fcgov.com
Planning and Land Use Lindsay Ex Senior Environmental Planner lex@fcgov.com
Public Safety Rita Davis Project and Public Information Manager rdavis@fcgov.com
Recycling and Solid Waste Susie Gordon Senior Environmental Planner sgordon@fcgov.com
Risk Management Lance Murray Risk Manager lmurray@fcgov.com
Stormwater Jon Haukaas
Water Engineering
Field Operations Manager
jhaukaas@fcgov.com
Transportation Mark Jackson
Planning, Development and
Transportation Deputy Director
mjackson@fcgov.com
Utilities Customer Service Lisa Rosintoski Utility Customer Connections Manager lrosintoski@fcgov.com
Water Supply and Quality Kevin Gertig
Water Resource and
Treatment Operations Manager
kgertig@fcgov.com
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Attachment9.1: 2014 Legislative priorities (Legislative Policy Agenda)
Biking Poudre Trail
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Attachment9.1: 2014 Legislative priorities (Legislative Policy Agenda)
- 1 -
RESOLUTION 2013-094
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE CITY’S 2014 LEGISLATIVE POLICY AGENDA
WHEREAS, state and federal legislation may impact the citizens of Fort Collins,
affecting their quality of life; and
WHEREAS, such state and federal legislation may also influence the operations of
municipal governments, including the City; and
WHEREAS, the City has an interest in providing input on proposed legislation; and
WHEREAS, Councilmembers and staff are asked to state the City’s policy position on
legislation; and
WHEREAS, establishing the City’s policy position on legislation assists the members of
the Legislative Review Committee in their review of, and response 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 2014 Legislative
Policy Agenda accurately reflect the City’s policies on these issues.
Section 2. That the City Council hereby adopts the 2014 Legislative Policy Agenda
attached hereto as Exhibit “A” and incorporated herein by this reference.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
19th day of November A.D., 2013.
___________________________________
Mayor
ATTEST:
______________________________
Deputy City Clerk
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1
LEGISLATIVE POLICY AGENDA
2014
Adopted
November 19, 2013
Exhibit A
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Attachmenta: Exhibit A (Legislative Policy RESO)
2
TABLE OF CONTENTS
TOPIC PAGE
INTRODUCTION 4
ALIGNMENT 4
FORT COLLINS LEGISLATIVE REVIEW COMMITTEE 5
LEGISLATIVE REVIEW PROCESS 5
2014 LEGISLATIVE PRIORITIES 6
LEGISLATIVE POLICY STATEMENTS 11
CULTURE, PARKS AND RECREATION
CULTURAL SERVICES 11
PARKS AND RECREATION 11
ECONOMIC HEALTH
FINANCE 12
INVESTMENTS 13
PRIVATIZATION 13
ECONOMIC DEVELOPMENT 14
ENVIRONMENTAL HEALTH
AIR QUALITY 15
CLIMATE AND ENVIRONMENTAL PROTECTION 16
NATURAL AREAS AND OPEN LANDS 16
OIL AND GAS 17
RECYCLING AND SOLID WASTE 18
HIGH PERFORMING GOVERNMENT
HOME RULE 19
HUMAN RESOURCES 20
RISK MANAGEMENT 20
SOVEREIGN AND GOVERNMENTAL IMMUNITY 21
TELECOMMUNICATIONS 21
UTILITY SERVICES 22
ENERGY 22
WATER SUPPLY AND QUALITY 23
NEIGHBORHOOD LIVABILITY
AFFORDABLE HOUSING 24
DEVELOPMENT REVIEW AND INSPECTION 24
PLANNING AND LAND USE 25
SOCIAL SUSTAINABILITY 25
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Attachmenta: Exhibit A (Legislative Policy RESO)
3
SAFE COMMUNITY
FIRE PROTECTION 26
HAZARDOUS MATERIALS MANAGEMENT 27
MARIJUANA 28
PUBLIC SAFETY 28
TRANSPORTATION
TRANSPORTATION 30
CITY LEGISLATIVE STAFF 32
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Attachmenta: Exhibit A (Legislative Policy RESO)
4
INTRODUCTION
Fort Collins is a community of 151,000 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 2014 City of Fort Collins Legislative Policy Agenda identifies issues of importance
to the City of Fort Collins. The Agenda expresses policies and positions on issues that
affect the quality of life and the governance of our community. Our policy agenda is
structured to address areas of local concern and to also reflect the strategic planning that
guides resource allocation and other decision making within the City organization.
Fort Collins is a data-driven municipal organization that strives to fulfill its mission,
“Exceptional service for an exceptional community”, through a vision of providing
world-class municipal services through operational excellence and a culture of
innovation. City leaders seek innovative solutions to issues facing the community and are
often willing to leverage emerging technologies.
We offer this Agenda to residents, the business community and our Legislators as a guide
when considering legislation that impacts Fort Collins. We encourage Legislators to
contact Fort Collins City Council Members and our Legislative Policy Manager should
they have specific questions regarding our policy positions when considering specific
legislation.
Alignment
The 2014 City of Fort Collins Legislative Policy Agenda identifies issues of importance
to the City of Fort Collins. The Agenda expresses policies and positions on issues that
affect the quality of life and the governance of our community. Our policy agenda is
structured to address areas of local concern and to also reflect the strategic planning that
guides City of Fort Collins organizational resource allocation and decision making.
Seven outcome areas have been identified by the City to ensure appropriate and effective
resource allocation to support the community’s priorities. Fort Collins’ outcome areas
include High Performing Government, Transportation, Culture, Parks and Recreation,
Economic Health, Neighborhood Livability, Environmental Health, and Safe
Community.
The Policy Agenda identifies specific City Council-adopted goals associated with the
policy statements. This alignment is important for City staff to ensure that advocacy
supports specific desired outcomes.
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Attachmenta: Exhibit A (Legislative Policy RESO)
5
CITY OF FORT COLLINS
LEGISLATIVE REVIEW COMMITTEE
The Legislative Review Committee (LRC) is a representative group of Council members
that reviews and reacts to proposed legislation on behalf of City Council and the City. In
taking a position on particular bills, the LRC interprets and applies the various policies
that are included in the Legislative Policy Agenda. The policies are written in terms of
supporting or opposing particular kinds of legislation; however, the policies are intended
to guide positions of either support or opposition, depending upon how a bill is written
and whether the LRC believes that, if approved, the bill would advance or impede the
City’s interests. If a bill is governed by two or more competing policies, then the LRC
may decide how to balance those policies in taking a position. If a bill falls outside of the
Legislative Policy Agenda, the LRC refers the bill to the full Council for consideration
before a position is taken on behalf of the City.
Council Members presently serving on the Legislative Review Committee are:
Councilmember Wade Troxell, Chair
Councilmember Lisa Poppaw
Councilmember Ross Cunniff
LEGISLATIVE REVIEW PROCESS
This document may be used as a guide to assess City positions on bills offered during the
Colorado General Assembly session and in the United States Congress. Positions are
adopted that reflect the community and approved by City Council prior to the start of the
General Assembly session. Bills introduced in the Colorado General Assembly are
reviewed by the Legislative Policy Manager and brought to the Legislative Review
Committee (LRC) for discussion of an official City position. Once a position is adopted
on a bill, the Legislative Policy Manager will convey that information to the appropriate
state or federal representative and will also advocate for the City’s adopted position.
Staff liaisons support the LRC by contributing expertise in various areas of municipal
service. The input offered by staff experts is invaluable in analyzing impacts of proposals
to Fort Collins operations and the community. Fort Collins also works with community
partners to support local projects and staff collaborates with representatives of other
municipalities on mutually-held priorities. Fort Collins actively seeks innovative
partnerships to leverage positive outcomes for residents.
The City works closely with the Colorado Municipal League on many legislative items
facing cities. Fort Collins works with Colorado Association of Municipal Utilities
(CAMU) which represents 29 municipal utilities throughout the state on utility issues.
Fort Collins actively participates in the Colorado Water Congress State Affairs
Committee to address water-related issues.
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Attachmenta: Exhibit A (Legislative Policy RESO)
6
LEGISLATIVE PRIORITIES
Objective: Support retention of Urban Renewal Authority
Issue: Urban Renewal Authority (URA) is a statewide tool in place to identify
and revitalize areas of the city deemed blighted and provide a funding mechanism to
encourage redevelopment. The main funding tool for URA is Tax Increment Financing
(TIF) generated through property taxes. In its best intention, urban renewal restores
economic vitality and improves the safety of a designated area. Redeveloping urban areas
is much harder and more expensive than new development in “greenfield sites”, thus
responds to larger, more costly infrastructure needs. The state of Colorado has
empowered local authorities to use Urban Renewal Authorities to encourage
revitalization and the elimination of blight in these areas.
URA law has been frequently modified by the General Assembly, including many
changes supported by the City. This year it is anticipated that several bills could be
introduced to further modify the use of URA and TIF. Fort Collins attempts to use URA
and TIF judiciously but also recognizes the concerns raised by counties, special districts
and school districts about the use of TIF. URA is an important and useful tool for Fort
Collins in addressing community blight and encouraging redevelopment rather than
sprawl.
Fort Collins supports dialogue on URA enhancements but does not support bills that
would eliminate the use of URA or TIF.
Objective: Support increasing local control of oil and gas operations
Issue: Fort Collins, like many other Colorado communities, has taken steps to
address oil and gas extraction. Those efforts have been limited by the Colorado Oil and
Gas Conservation Commission (COGCC) rules that limit restrictions communities can
impose and the information available to residents about potentially harmful practices.
Fort Collins seeks the following:
Increased local flexibility to regulate oil and gas activity within its incorporated
borders
Additional information about the chemicals being injected into the ground,
especially during hydraulic fracturing
Greater knowledge and control of air emission from extraction processes and
production equipment
Enhanced right for communities to regulate oil and gas as an industrial practice
and therefore apply local zoning practices to operators
Better balance between surface land ownership and mineral right ownership
Fort Collins intends to use existing programs like the Local Government Designee (LGD)
to their fullest potential but will also seek legislative remedies to areas of greatest
Packet Pg. 126
Attachmenta: Exhibit A (Legislative Policy RESO)
7
concern. Fort Collins will also work with other interested communities to address oil and
gas operation concerns.
Objective: Implement solutions for railroad horn noise
Issue: In June 2005 the Federal Railroad Administration (FRA) implemented a
new federal Train Horn Rule that significantly increased the duration, frequency and
volume level of train horns at all public grade crossings. Fort Collins is one of many
communities across Colorado and the United States that was built along rail lines. The
increased noise from the horns has resulted in mounting citizens’ complaints and
threatens the economic viability of our community. “Quiet Zones” are offered as a way
to mitigate the loud horn noise however studies and mitigation actions are costing many
hundreds of thousands of dollars.
In order to clean our air, reduce auto congestion and improve quality of life, several
federal agencies including the EPA, HUD and the Federal Transit Administration are
encouraging Transit Oriented Development. The Mason Corridor Bus Rapid Transit,
which will begin operation in 2014, is one example and we very much appreciate federal
support of this project. The idea behind Transit Oriented Development is to bring
residents closer to mass transit lines so that they can use mass transportation, and so that
downtown revitalization can occur. At the same time, the FRA train horn rule in effect is
discouraging the development community and residents from locating around transit.
Reform is needed.
FRA has discussed the rule in terms of ensuring automobile safety – that blasting a horn
as the train nears an intersection will prevent accidents. The alternative is expensive quiet
zones or approved countermeasures. Fort Collins accident data along Mason Street in
Downtown demonstrates that accidents are rare and typically involve risk-taking
behavior.
Objective: Support allowing local governments to provide broadband and
enhanced communication services
Issue: In 2005, the Colorado General Assembly passed SB 152, “Competition in
Utility and Entertainment Services.” The legislature’s stated intent behind the act was
predictability, uniformity, and fairness in the cable television, telecommunications, and
high-speed Internet access industries, especially where affected by municipal actions.
SB 152 prohibits local governments from directly or indirectly providing cable television
service, telecommunications service, or advanced service. “Advanced service” is
defined as “high-speed internet access capability in excess of two hundred fifty six
kilobits per second both upstream and downstream.” Wired and wireless broadband
services are included in this category.
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Fort Collins Information Technology Department can provide wired and wireless
broadband services to City offices and City-owned facilities but is precluded from doing
so. The City supports modifying or repealing the provisions of SB05-152 to allow
municipalities to provide this “advanced service” in their own buildings and facilities.
Objective: Support clarity and consistency between state and federal marijuana
laws
Issue: The passage and implementation of Amendment 64 legalized adult use
marijuana in Colorado.
Fort Collins seeks clarification on the following items:
Conflicts exist between state and federal laws regarding marijuana possession
The extent communities can regulate and tax marijuana
Enforcement of the new law and its impacts on local staff and public safety
resources
Rules pertaining to packaging and labeling marijuana and products containing
marijuana
The amount and portion shared locally of sales and excise taxes
Hours and standards for operation for marijuana businesses
Effectively funding prevention of under-21 possession and use
In addition to adult use marijuana, communities across the United States that have
authorized medical marijuana are struggling with implementation and the need for a
single, viable distribution system. At the core of the issues with both medical and adult
use marijuana is the classification of the drug. Because marijuana is currently classified
as a Schedule 1 drug, it cannot be researched, prescribed by a doctor or handled through
the same distribution channels as other prescribed drugs. As a result, different states have
adopted different approaches and experience conflicts with federal laws. In Colorado,
medical marijuana is recommended by a doctor but not prescribed.
Work is needed at the federal level to clarify this issue. The federal classification should
be re-evaluated and possibly changed in order to allow more medical research. If it is
determined that marijuana fits one of the other classifications and does have medical
benefits, it could be included in the existing drug delivery system.
Objective: Support necessary resources to aid Northern Colorado recovery from
2013 flooding
Issue: Northern Colorado sustained significant flooding that left many people
dead, thousands displaced, and infrastructure severely compromised. Fort Collins and its
regional partners will seek funding to rebuild infrastructure. Roads, bridges, stormwater
and wastewater systems were damaged in many communities throughout Northern
Colorado. Residents need to have transportation, sanitary systems and safe housing.
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Rebuilding the roads and bridges is also critical to restoring tourism and access to the
environmental assets of the region.
Fort Collins stands alongside its neighbors in supporting funding needed to replace or
repair needed systems.
Objective: Support funding for transportation infrastructure with an emphasis
on building an integrated, multi-modal system
Issue: Funding for vital transportation infrastructure will continue to be a high
priority for the City of Fort Collins. We strongly support preservation of federal levels of
funding and allocation of all federal motor fuel taxes and other federal transportation trust
funds for their intended purposes. In addition, we urge development of a new, more
stable, long range transportation funding mechanism that doesn’t rely upon fuel tax
revenues. This is no longer a sustainable method of funding the nation’s transportation
infrastructure needs.
The City applauds the reauthorization of the nation’s surface transportation law with a
focus on transit, livable communities, comprehensive regional planning, revitalization of
existing infrastructure, pedestrian and bicycle infrastructure, and other approaches that
decrease petroleum consumption and reduce carbon pollution. S.1813 – Moving Ahead
for Progress in the 21st Century (MAP 21) – has many positive attributes however more
work is needed to ensure that funding for transit, bicycling, and walking is protected and
enhanced, especially at the local level. While MAP-21 provides funding for many Federal
and State programs and needs, it appears to further localize the cost of many multi-modal
projects and programs.
Objective: Emphasize federal policies and resources needed to sustain local
cleaner energy progress
Issue: The "Empowering Local Clean Energy Action" federal policy agenda
identifies key policies and resources needed for local governments to sustain cleaner
energy progress. These include investments in federal programs such as the Department
of Energy’s Energy Efficiency and Conservation Block Grants, EPA's Climate Showcase
Communities, HUD's Sustainable Communities, and other programs that provide direct
support for local sustainability initiatives.
Objective: Support integrated waste management planning, including the
potential for waste-to-energy benefits
Issue: The Fort Collins community is just one member of a regional “waste
shed” in Northern Colorado. The City acknowledges this interdependence, and the role
that state legislation can, and should, play in applying broad measures such as setting a
state waste diversion goal and helping to support related strategies, which could also
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serve to reduce carbon emissions and create opportunities for waste-to-energy
applications when ultra-low pollution conversion technology is used.
The City relies on regional and state-wide infrastructure and systems for conventional
landfill disposal alternatives such as commercial-scale composting, bio-digesters,
recycled-content manufacturers, and specialty landfills. We can only be effective at
meeting the community’s waste reduction goals if facility managers have confidence to
develop and expand in Colorado, guided by new legislation that drives waste diversion.
HB07-1288, the Recycling Resources Economic Opportunity Act, will sunset in 2017.
The City supports extending the provisions of this bill, which established a grant fund for
recycling projects using revenue from a seven-cents/ton surcharge on trash placed in
Colorado landfills. The City supports the grant program and further seeks steps to
increase funding for this high-performing recycling program.
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LEGISLATIVE POLICY STATEMENTS
Cultural, Parks and Recreation
Strategic Outcome
Fort Collins provides diverse cultural and recreational amenities
Strategic Objectives
1. Provide exceptional programs and facilities that contribute to the health and
cultural vibrancy of the community
2. Provide outstanding customer service and operational excellence
3. Provide programs that are diverse, innovative and tailored to our unique
community
4. Maintain and enhance a world class regional interconnected system of parks, trails
and open lands
5. Promote the arts and make Fort Collins the cultural destination in northern
Colorado
CULTURAL SERVICES
The City recognizes that art and culture are vitally important to the quality of life in our
community and is committed to providing the citizens of Fort Collins with excellent
cultural services.
Therefore, the City supports the following policy statements:
1. Support funding for cultural services for the education, entertainment and
enrichment of the community.
2. Support legislation that facilitates the creation, performance and presentation of
the arts.
3. Support legislation that protects and preserves our cultural heritage.
PARKS AND RECREATION
The City is committed to providing the community with excellent parks and recreation
services and facilities. Our citizens enjoy a better quality of life, improved health, less
crime and a greater sense of community because of our quality parks and recreation
programs.
Therefore, the City supports the following policy statements:
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1. Support legislation that maintains or enhances funding for parks, trails, forestry,
horticulture and recreation services and facilities.
2. Support use of Great Outdoors Colorado and other sources for full funding of
municipal government projects, with maximum local discretion regarding local
needs and priorities.
3. Support continued availability of Great Outdoors Colorado grants to
municipalities in equal or greater funding levels.
4. Support legislation that enhances the City’s ability to provide quality parks and
recreation services and facilities for its citizens.
5. Support measures that offer enhanced protection for community trees and natural
assets against invasive species, pests and other threats.
ECONOMIC HEALTH
Strategic Outcome
Promote a healthy, sustainable economy reflecting community values
Strategic Objectives
1. Enhance opportunities for both businesses and the local workforce
2. Foster a diverse mix of employment and retail opportunities
3. Focus and invest in the downtown area, river district, Lincoln triangle and
midtown corridor
4. Ensure adequate staff to provide timely review and critique of development
opportunities
5. Revitalize and strengthen business centers
FINANCE
As a municipality, the City of Fort Collins faces many complex financial issues. 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. Considering the known
impacts of legislation on the City’s business community can help foster a stronger tax
base and retain a strong quality of life.
Therefore, the City supports the following policy statements:
1. Support legislation that maintains or expands municipal authority to establish
alternative funding mechanisms, including financing tools such as public
improvement fees (PIF) and certificates of participation (COP).
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2. Support increased funding and budgetary autonomy for Colorado State University
and Front Range Community College.
3. Support legislation promoting the equitable treatment of sales and use taxes to
residents and corporations residing or doing business in Colorado. The City
strongly recommends that taxes be as broad-based as possible and that
exemptions be limited.
4. Support federal legislation that recognizes the importance of sales and use tax to
local, self-collecting municipalities and equitably distributes sales tax collections
on e-commerce transactions.
5. Support legislation that would maintain or increase the City’s revenue base (sales,
use and property tax).
INVESTMENTS
The Fort Collins City Council has adopted investment polices to be used by the City.
The policies are reviewed and update periodically to ensure the safety and quality of the
portfolio to maintain liquidity and to maximize portfolio earnings.
Therefore, the City supports the following policy statements:
1. Support legislation designed to protect, without unnecessarily restricting, the
investments of government entities.
2. Support legislation that provides for adequate transparency of the City’s
investment activity.
3. Support legislation that would provide municipalities freedom to participate in
investments that meet their objectives.
4. Oppose restrictions on the City’s ability to adopt its own investment policies.
PRIVATIZATION
The City of Fort Collins utilizes outside contracts for procurement of many goods and
services. This practice of privatization provides citizens with a balance of quality and
cost efficiency.
Therefore, the City supports the following policy statements:
1. Support legislation enabling provision of services through private enterprise in a
manner that fosters cost effective, sustainable, quality services.
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2. Support local control of the awarding of contracts and the accountability of local
officials for those actions.
3. Oppose mandates that increase the complexity and cost of services without
improving those services.
ECONOMIC DEVELOPMENT
Fort Collins seeks to maintain a healthy and resilient economic base of businesses. The
City works closely with businesses to retain and invest in alignment with the Council’s
Action Plan. A healthy and resilient economy for Fort Collins will include:
Diverse jobs that enable citizens and businesses to thrive.
Reflects the values of our unique community in a changing world.
An innovative, creative, and entrepreneurial atmosphere.
Strong partnerships and collaboration with the private sector, educational
institutions, and other organizations.
Therefore, the City supports the following policy statements:
1. Support legislation that promotes sustainable economic development.
2. Support retaining local governments’ use of tax increment financing as a tool to
support Downtown Development Authorities and Urban Renewal Authorities,
taking into consideration the land use impacts of such legislation (e.g., sprawl)
and the compelling interests and concerns of other taxing entities.
3. Support programs and policies that apply innovative solutions to governmental
and community problems.
ENVIRONMENTAL HEALTH
Strategic Outcome
Promote, protect and enhance a healthy and sustainable environment
Strategic Objectives
a. Maintain and improve air and water quality
b. Reduce greenhouse gas emissions to 20% below 2005 levels by 2020 and 80%
below 2005 levels by 2050
c. Conserve and restore natural habitat and promote biological health and diversity
d. Reduce waste and resource consumption
e. Increase energy conservation, efficiency and renewable energy
f. Align water quantity with storage and conservation policies
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AIR QUALITY
The City’s Air Quality Plan establishes a strong overall goal to “continually improve Fort
Collins air quality.”
Therefore, the City supports the following policy statements:
1. Support legislation and regulations adopting programs and policies that improve
public health and air quality.
2. Support legislation that maintains or increases the stringency of air quality
standards.
3. Support legislation that enhances local government authority to improve air
quality beyond minimum State or Federal requirements.
4. Support legislation that promotes regional improvement of air quality,
recognizing that air pollution does not follow jurisdictional boundaries.
5. Support legislation to assure that Federal, State and County agencies have
adequate authority and resources (funding and personnel) to enforce air quality
regulations.
6. Support legislation that removes barriers and promotes voluntary actions to
reduce air pollution.
7. Support legislation and regulations that reduce vehicle emissions by:
Using the price mechanisms of the free market to shift citizen and business
travel behavior toward actions that reduce vehicle emissions and vehicle miles
of travel, including removing hidden cost subsidies to motor vehicle users
Employing economic incentives and disincentives and other market
approaches
Encouraging behavior changes, such as limiting unnecessary idling of vehicles
Implementing State motor vehicle emissions testing programs consistent with
City air quality goals
8. Support legislation and regulations that provide authority for local governments to
implement vehicle emissions reductions programs.
9. Support legislation and regulations that make tailpipe emissions and fuel economy
standards more stringent for all vehicles.
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10. Support programs and policies that promote advanced low emission vehicle
technology; and encourage or promote alternative fuels such as biodiesel,
cellulosic ethanol, hydrogen and compressed natural gas.
11. Support legislation and regulations that reduce residential wood smoke emissions
in order to achieve compliance with air quality standards.
12. Support legislation that helps to reduce fossil fuel consumption in the
transportation and building sector.
CLIMATE AND ENVIRONMENTAL PROTECTION
The City of Fort Collins encourages local, state and national efforts to protect and
enhance our environment. Additionally, the City has a policy goal to reduce greenhouse
gas emissions 20% below 2005 levels by 2020 and 80% below 2005 levels by 2050.
Therefore the City supports the following policy statements:
1. Support legislation and regulation that reduce Fort Collins’ vulnerability to
climate change impacts.
2. Support legislation that establishes reduction targets for greenhouse gas
emissions.
3. Support legislation that establishes market-based mechanisms to reduce
greenhouse gas emissions, including providing incentives to business and citizens
to reduce emissions and for green building and sustainable design.
4. Support legislation and regulations to promote pollution prevention.
5. Support the Colorado self-audit law.
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.
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. Support legislation that maintains or enhances tax incentives for voluntary land
conservation by private landowners.
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2. Support legislation that expands the effectiveness of existing protection for
wetlands, wildlife habitats, and other sensitive natural areas.
3. Support additional funding for land conservation programs.
4. Support legislation protecting the Cache la Poudre River.
5. Support legislation that would increase the availability of Great Outdoors
Colorado grants to municipalities in amounts equal to or greater than are currently
offered.
OIL AND GAS
Oil and gas extraction activity and associated health and environmental impacts are a
concern for Fort Collins and many communities in the Front Range of Colorado. Fort
Collins has a portion of a small oil field within its incorporated boundaries and has
entered into an Operator Agreement (MOU) that stipulates the operations, maintenance
and inspection process for that operator’s local holdings. Citizens in Fort Collins have
expressed continuing concern about the human and environmental health impacts from
oil and gas operations and particularly from the hydraulic fracturing treatment used on
most Colorado wells.
Therefore, the City supports the following policy statements:
1. Supports the development and execution of human health impact studies of oil
and gas operations.
2. Support programs and policies that allow local officials to establish baseline
levels and understand the ongoing contributions of the oil and gas industry to air
pollution.
3. Support legislation that provides local government the authority to inspect oil and
gas sites and ensure operator compliance through enforcement of federal, state
and local regulations.
4. Support programs and policies that allow communities to understand impacts of
oil and gas on water quality. Specifically provide disposition of produced water,
and clearly understand the ongoing impacts of the oil and gas industry to water
quality.
5. Support legislation allowing greater local regulation of oil and gas exploration
activities within municipal boundaries.
6. Support legislation to better balance surface ownership with mineral right
ownership.
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RECYCLING AND SOLID WASTE
The City of Fort Collins endorses a multi-pronged approach to waste minimization that
includes recycling, re-use, composting and source reduction. Additionally, the City has
adopted a goal of diverting 50% of the community’s waste stream from landfill disposal.
Therefore, the City supports the following policy statements:
1. Support legislation that clarifies and broadens the regulatory authority of local
government to ensure the efficient management of recyclable material and solid
waste.
2. Support legislation that encourages integrated waste management planning and
implementation, including but not limited to creation of a State waste diversion
goal.
3. Support legislation that provides incentives and funding for programs that
promote waste reduction, reuse and recycling and development of related
infrastructure.
4. Support legislation that enables “buy recycled” or “environmentally preferable
purchasing” policies for government agency procurement.
5. Support legislation that continues or increases funding for programs to collect and
monitor data on trash volumes, rates of diversion from landfill disposal and
economic impacts of recycling.
6. Support legislation to require greater producer responsibility, such as “take back”
regulations that assist consumers to appropriately recycle electronic equipment (e-
waste.)
7. Support legislation that establishes a deposit fee on beverage containers and that
would be used to pay for recycling programs.
8. Support legislation that strengthens the “renewable energy” standard; oppose
expanding the definition to include pyrolysis (burning of materials).
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High Performing Government
Strategic Outcome
Deliver an efficient, innovative, transparent, effective and collaborative city government
Strategic Objectives
1. Improve leadership capability and increase leadership effectiveness
2. Improve organizational fiscal literacy, financial management & fiscal strength
3. Implement a systematic approach to identify, organize, & communicate
performance measures
4. Attract, engage and retain a high quality, creative workforce with a diverse set of
skills
5. Promote and invest in employee health and safety
6. Develop and foster key community partnerships
7. Establish a culture of exceptional customer service and deliver services that
exceed community expectations.
HOME RULE
The City of Fort Collins is a home rule municipality under Article XX (Article 20) of the
Colorado Constitution, which grants home rule municipalities “full right of self-
government in local and municipal matters.” Home rule authority affords the citizens of
Fort Collins greater access to government and increased opportunity for participation and
contribution to the decision making process.
Home rule is of utmost importance to the City of Fort Collins. The City recognizes,
however, that there are particular areas in which insistence on local control may be
untimely or unwise. Therefore, proposed legislation must be reviewed on a case-by-case
basis to determine when it is in the City's best interest to assert home rule authority and
when the City should support statewide intervention. For example, the City must be free
to regulate local activities that primarily impact the area within the City's boundaries,
such as the speed of local traffic or the effects of particular land use developments. On
the other hand, the cumulative effect of these and other activities has substantial
statewide ramifications which may call for statewide regulation, so that, for example,
state regulation may be needed to effectively manage overall growth and development in
the state, traffic congestion in major transportation corridors and environmental quality.
Therefore, the City supports the following policy statements:
1. Support legislative efforts to strengthen home rule authority of municipal
governments.
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2. Oppose legislation that requires State or Federal intervention in matters of local
concern and which unnecessarily or adversely affect the City’s ability to manage
pursuant to its home rule authority.
HUMAN RESOURCES
The City of Fort Collins is committed to the safety and well-being of its employees. The
City works diligently to be an efficient and responsible steward of tax dollars while
ensuring that employees receive fair and competitive compensation and benefits. The
City believes that its citizens, through their elected representatives on City Council, are in
the best position to determine appropriate City employee compensation, benefits, and
policies.
Therefore, the City supports the following policy statements:
1. Support legislation that enhances the City’s ability to decide employment issues,
including collective bargaining, arbitration, compensation, benefits and leaves.
2. Support legislation that expands the City’s ability to offer health, welfare and
wellness services for employees.
3. Support legislation that maintains current state funding for police officer death
and disability benefits.
4. Oppose legislation that would permit employees with defined contribution plans
to return to defined benefit plans if there is a cost to local government.
RISK MANAGEMENT
The City of Fort Collins recognizes the dual purpose of the workers’ compensation
system – providing benefits promptly to injured employees in a cost-effective manner and
minimizing costly litigation. Council also recognizes that the City’s self-insurance
program is a cost efficient method to insure workers’ compensation and that government
intervention or taxation can negatively impact the City.
Therefore, the City supports the following policy statements:
1. Support legislation that improves administrative efficiency of the Division of
Workers’ Compensation.
2. Support legislation that prevents increased insurance premium costs to employers.
3. Support legislation that would limit or reduce administrative burdens or taxes to
self-insurance programs.
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4. Support legislation that would check insurance claim litigation.
5. Support legislation that increases the City’s options and ability to manage
workers’ compensation claims; oppose actions like removing existing off-sets to
workers’ compensation benefits or limiting the City’s ability to designate treating
physicians.
6. Oppose legislation that presumptively expands workers compensation coverage to
illnesses or injuries that are not work related.
SOVEREIGN AND GOVERNMENTAL IMMUNITY
The Fort Collins City Council recognizes that the complexity and diversity of City
operations and services required to meet the needs of the citizens of Fort Collins may
expose the City and its officers and employees to liability for damage and injury. The
Council further recognizes that City officers and employees must be confident that they
have the City’s support in the lawful and proper performance of their assigned duties and
responsibilities.
Therefore, the City supports the following policy statements:
1. Support legislation that protects the interests of municipalities and their officers
and employees in the lawful and proper performance of their duties and
responsibilities.
2. Support legislation that discourages baseless and frivolous claims and demands
made against municipalities, their officers and employees.
3. Support legislation that limits or enhances municipal liability protections, or
expands municipal immunity.
TELECOMMUNICATIONS
The City of Fort Collins encourages a competitive, open market for cable and
telecommunications services in order to ensure the public has access to a variety of
programming and services at the lowest cost possible.
Therefore, the City supports the following policy statement:
1. Support legislation that maintains and enhances local franchising authority. This
helps ensure local governments’ ability to negotiate, in the public interest, for
cable channel space, institutional networks and public education and government
programming.
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2. Support legislation that re-establishes the rights of municipalities to provide low
cost, accessible telecommunications services and related infrastructure.
3. Support legislation that allows municipalities to provide telecommunication
services within City-owned facilities and on City property.
4. Support legislation that would allow communities to offer high speed internet,
Wi-Fi and other enhanced telecommunication services to residents, schools,
academic institutions and businesses.
UTILITY SERVICES
It is critical that the City operate its electric distribution, drinking water, stormwater and
wastewater services in a financially sound, reliable, safe and environmentally acceptable
manner. Like other municipal utilities across the country, Fort Collins is faced with
many new and evolving challenges associated with changes in the industry, the age and
security of its infrastructure and the necessity of managing a changing workforce.
Therefore, the City supports the following policy statements:
ENERGY
1. Support legislation that recognizes the importance of infrastructure security while
minimizing restriction to the Utility’s ability to manage security as an integral part of
the system.
2. Support programs that provide assistance to local government, and that encourage and
allow for local design and implementation of greenhouse gas reduction strategies.
3. Support legislation that establishes uniform standards for the reduction of carbon
emissions.
4. Support legislation that removes barriers to financing for energy efficiency, and
encourages and funds energy efficiency and conservation while allowing local design
and implementation of the programs.
5. Support legislation that reduces community energy use and net energy use of existing
buildings.
6. Support legislation and regulations that provide incentives to encourage renewable
energy production, including wind power, and provide for “State Implementation
Plan” credits for renewable energy (excluding residential wood burning and corn-
based ethanol) and energy efficiency.
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7. Oppose legislation that attempts to prevent or inhibit provision of municipal electric
service in newly annexed areas.
8. Support legislation that encourages grid modernization and smart grid technologies
WATER SUPPLY AND QUALITY
1. Support legislation that maintains or expands the authority delegated to the State to
administer federally mandated water, stormwater and wastewater environmental
regulatory programs (primacy).
2. Support water quality legislation that results in reasonable water quality control
regulations that are cost effective and can show identifiable benefits.
3. Support legislation that enables local development of watershed protection.
4. Support legislation that provides the City the flexibility to enhance in-stream flows to
preserve or improve the natural environment of the stream while protecting the
integrity of Colorado’s appropriation doctrine and City water supply.
5. Support legislation that recognizes the importance of infrastructure security while
minimizing restriction to the Utility’s ability to manage security as an integral part of
the system.
6. Support adequate funding of mandated programs.
7. Support legislation that removes barriers to financing for water conservation projects.
8. Support legislation that would fund recovery and treatment of Cache la Poudre and
other waterways impacted by 2012 wildfires.
Community and Neighborhood Livability
Strategic Outcome
Provide a high quality built environment and support quality, diverse neighborhoods
Strategic Objectives
1. Develop innovative enforcement efforts and voluntary compliance with City
codes
2. Provide, enhance & maintain attractive public spaces
3. Preserve the character of neighborhoods and enhance/maintain the attractiveness
of neighborhoods
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4. Encourage partnerships with private entities and public agencies for housing, and
other programs
5. Improve neighborhood parking management
AFFORDABLE HOUSING
The City of Fort Collins supports policy and funding mechanisms that help the City
develop and maintain affordable housing for our community’s lowest income families.
Therefore, the City supports the following policy statements:
1. Support legislation that maintains or enhances current levels of funding for
affordable housing throughout Colorado.
2. Support legislation that increases local government’s ability to regulate, manage
or generate alternative sources of funding for affordable housing, including
public-private partnerships.
3. Support legislation that protects the rights of low-income and/or disabled
residents in tenant-landlord disputes, especially as it relates to safety issues.
4. Support legislation that retains flexibility for City to adopt and enforce rental
terms that allow it to appropriately maintain and manage City-owned affordable
rental properties.
DEVELOPMENT REVIEW AND INSPECTION
Fort Collins City Council adopts a land use code, zoning and new and existing property
inspection protocol. The City supports retention of home-rule control in aligning
development review and inspections with local priorities. In recent sessions, state
legislators have introduced measures aimed at having local inspectors provide inspection
for building types outside existing responsibilities without additional resources provided
to conduct this work.
Therefore, the City supports the following policy statements:
1. Support legislation that financially compensates a jurisdiction or agency for
additional work of inspectors through fees or other means.
2. Support legislation that gives the local government a choice in accepting
additional inspection work.
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PLANNING AND LAND USE
Effective local land use planning and land development regulation contributes to the
quality of life enjoyed primarily by Fort Collins residents, yet shared regionally within
Larimer County. State legislation can influence local governments’ ability to develop
and implement land use plans for their communities.
Therefore, the City supports the following policy statements:
1. Support legislation that requires regional cooperation in land use and
transportation planning, and legislation that fosters sustainable development,
without unduly constraining the City’s home rule powers.
2. Support legislation that prohibits the annexation of land that is located within the
boundaries of a Growth Management Area that was legally established by an
intergovernmental agreement between a municipality and a county by any
municipality not a party to the agreement.
3. Support legislation to limit the definition of a compensable taking and/or the
definition of vested property rights beyond the provisions of existing law.
4. Support legislation that would retain local government authority to impose
development impact fees.
5. Support legislation that would increase cities’ ability to regulate industrial land
uses like oil and gas exploration and extraction.
6. Support public housing policies that equitably balance protection of tenants and
landlords.
SOCIAL SUSTAINABILITY
Fort Collins has implemented a triple-bottom line-oriented Sustainability Service Area in
an effort to ensure community resources are allocated by considering equally human,
environmental and economic benefits. Social sustainability focuses on housing and
human services.
Therefore the City supports the following policy statements:
1. Support maintaining or increasing the funds available through the state and
federal government for community-focused non-profits to provide human services
and housing support.
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26
2. Support appropriate educational funding for K-12 and public post-secondary
institutions to ensure opportunity for youth.
3. Support funding for after school programs aimed at at-risk population.
4. Support programs and policies that seek to improve neighbor relations and the
resources available to community mediation programs.
5. Support programs and policies that provide communities with resources to
address chronic homelessness.
Safe Community
Strategic Outcome
Provide a safe place to live, work, learn and play
Strategic Objectives
1. Proactively Support prevention and community safety through education and
outreach initiatives
2. Improve response times to collisions, crimes, fires, utility emergencies and
medical services
3. Improve the safety and reliability of the City's built environment
4. Support community wide planning, preparedness and recovery from community
disasters
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 2012
International Building and Fire Code, and allow municipalities to adopt their own
amendments.
2. Oppose legislation that limits local enforcement of the International Fire Code as
adopted with local amendments, or imposes inspection requirements or prevents
collection of permit or inspection fees as required by the local jurisdiction.
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27
3. Support legislation that requires the installation of fire protection systems in
structures to enhance life safety and property protection when appropriate.
4. Support legislation that strengthens the City’s ability to prohibit the use and sale
of fireworks and that allows counties and fire districts to prohibit and otherwise
control fireworks.
5. Support legislation that promotes fire safety, education and prevention with the
goal of reducing injury, loss of life and property damage.
6. Support legislation that allows local jurisdictions to implement open burning
restrictions.
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 International
Building and Fire Code and related local amendments.
2. Support legislation that allows Fort Collins adopt local regulations for hazardous
materials, including review and approval of the location of facilities that use or
store hazardous materials or hazardous waste.
3. Support legislation that strengthens the enforcement of hazardous materials
regulations.
4. Support legislation strengthening the diversion of hazardous waste from landfills.
5. Support policies or legislation to establish greater flexibility and more options for
local government in the management of publicly-owned areas thought to have
asbestos containing soils.
6. Support policies and legislation to prevent and penalize improper storage and
disposal of hazardous or exploration and production (E&P) wastes from oil and
gas operations within municipal boundaries.
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Attachmenta: Exhibit A (Legislative Policy RESO)
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MARIJUANA
In 2012, Colorado voters approved Amendment 64 which legalizes the possession of
adult-use or recreational marijuana in the state. During the same election Fort Collins
residents voted to approve the use of medical marijuana within the City. Federal law
maintains that marijuana is a schedule 1 drug and, as such, can neither be possessed and
used nor researched.
Therefore, the City supports the following policy statements:
1. Support legislation that regulates medical marijuana manufacture, distribution and
dispensaries.
2. Support legislation to clarify the implementation and local rights and
responsibilities related to Amendment 64.
3. Support clarification of the conflict between federal and state law with respect to
marijuana enforcement.
4. Support legislation and policies that protect communities’ ability to raise
necessary funds to maintain public safety and enforce marijuana possession laws.
5. Support legislation and policies that prevent under-21 access to marijuana.
6. Support legislation that clarifies the rights of individuals, landlords and
homeowner associations in limiting or preventing growing or consuming
marijuana in multi-family dwellings.
PUBLIC SAFETY
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.
Therefore, the City supports the following policy statements:
7. Support legislation that has the potential to reduce incidents of violence in the
community, especially through the development of treatment and intervention
programs for youth.
8. Support legislation and funding that provides greater protection to victims of
crime.
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9. Support legislation that maintains or enhances the City’s right to use camera
enforcement of traffic laws, reduces operational restrictions on the use of camera
enforcement, and increases the fines associated with violations.
10. Support legislation establishing protocols and funding for shared, statewide
emergency response communications.
11. Oppose programs that have the potential to compromise officer safety.
12. Support legislation that formally legitimizes the field of Alternative Dispute
Resolution (ADR) by establishing minimum training criteria and professional
mediator certification.
13. Support legislation that regulates the use of cell phones by a motorist while
operating a vehicle.
14. Support legislation that preserves or increases funding for treatment of mental
illness and substance abuse disorders.
15. Support legislation that maintains or enhances a statewide database of concealed
weapons permits.
16. Support legislation to reduce community flood risks.
17. Support legislation that reduces City liability for prisoners’ self-inflicted wounds
while in police custody or detention facility.
18. Support legislation and policies restricting access to illegal substances.
19. Support legislation to require greater producer responsibility such as “take back”
for prescription drugs to avoid these substances being abused or being disposed of
into the water supply.
20. Support clarification of the qualifications for what types and purposes a business
may obtain and use a state liquor license.
21. Support defining what qualifies as a “meal” when calculating the percentage of
meals served for a liquor license.
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Attachmenta: Exhibit A (Legislative Policy RESO)
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Transportation
Strategic Outcome
Provide for safe & reliable multi-modal travel to, from, and throughout the city
Strategic Objectives
1. Provide safe, well-functioning, high quality streets, bikeways, sidewalks, trails &
infrastructure
2. Provide long-term transportation planning to enhance citizen mobility and
improve traffic flow
3. Limit the rate of increase or reduce vehicle traffic and enhance alternative travel
modes
4. Address long-term maintenance & operations cost of transportation infrastructure
5. Enhance the sustainability of the physical assets as well as the operations of
transportation systems
TRANSPORTATION
The City actively promotes the safety and ease of traveling to, from and throughout the
community using a variety of modes of transportation. Additionally, the City’s policy is
to encourage the use of alternative transportation whenever appropriate.
Therefore, the City supports the following policies:
1. Support legislation that facilitates cooperative programs among government
agencies in order to help the City meet its basic transportation needs, including
transit, street, highway, road and bridge construction and maintenance, and safe
corridors for bicyclists and pedestrians.
2. Oppose legislation that seeks to reduce the present allocation formula of 60% state,
22% counties, and 18% municipalities for Highway User Tax Fund (HUTF) or any
appropriations from the State using the same formula.
3. Support exploration and analysis of alternative methods of funding transportation
infrastructure needs.
4. Support legislation to fund analysis and implementation of inter- and intra-regional
transit linkages, including future commuter rail connectivity.
5. Support legislation that facilitates regional planning for various modes of
transportation with the goal of providing practical solutions to reduce reliance on
single occupant vehicles.
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6. Support efforts to encourage flexibility in federal funding and regulations in order
to better meet the needs of small to medium size communities.
7. 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.
8. Support legislation broadening the definition of the gasoline tax to a “fuel tax” that
encompasses other fuel options as they become more prevalent.
9. Support legislation that limits the ability of railroad trains to block street and
highway grade crossings for unreasonable periods.
10. Support legislation that facilitates the implementation of railroad quiet zones in
municipalities and that reduces current train horn decibel and duration
requirements.
11. Oppose legislation intended to divest key highway roads in urban areas from the
State and make them the sole responsibility of local jurisdictions.
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Attachmenta: Exhibit A (Legislative Policy RESO)
32
CITY OF FORT COLLINS LEGISLATIVE CONTACTS
Legislative Review Committee
Name District/Title Email
Councilmember Wade Troxell District 4 wtroxell@fcgov.com
Councilmember Lisa Poppaw District 2 lpoppaw@fcgov.com
Councilmember Ross Cunniff District 5 rcunniff@fcgov.com
Wendy Williams Assistant City Manager wwilliams@fcgov.com
Steve Roy City Attorney sroy@fcgov.com
Dan Weinheimer Legislative Policy Manager dweinheimer@fcgov.com
Legislative Staff Liaison Members
Topic Area Name Title Email
Affordable Housing and
Social Sustainability
Joe Frank Social
Sustainability
Director
jfrank@fcgov.com
Air Quality Melissa Hovey Senior
Environmental
Planner
mhovey@fcgov.com
Cable Television
Franchise
Carson Hamlin Cable Television
Manager
chamlin@fcgov.com
Climate and
Environmental Protection
Lucinda Smith Environmental
Services Director
lsmith@fcgov.com
Elections, Liquor
Licensing, Medical
Marijuana Licensing
Wanda Nelson City Clerk wnelson@fcgov.com
Cultural Services,
Parks and Recreation
J.R. Schnelzer Director of Parks jrschnelzer@fcgov.com
Energy Steve Catanach Light and Power
Operations
Manager
scatanach@fcgov.com
Finance Michael
Beckstead
Chief Financial
Officer
mbeckstead@fcgov.com
Economic Health Josh Birks Economic Health
Director
jbirks@fcgov.com
Fire Protection and
Hazardous Materials
Management
Bob Poncelow Division Chief,
Poudre Fire
Authority
bponcelow@poudre-
fire.org
Human Resources Janet Miller Human Resources
33
Legal Carrie Daggett Deputy City
Attorney
cdaggett@fcgov.com
Natural Areas, Open
Lands and Cache la
Poudre River Issues
John Stokes Natural Resources
Director
jstokes@fcgov.com
Neighborhood and
Building Services
Mike Gebo Chief Building
Official
mgebo@fcgov.com
Planning and Land Use Lindsay Ex Senior
Environmental
Planner
lex@fcgov.com
Public Safety Rita Davis Project and Public
Information
Manager
rdavis@fcgov.com
Recycling and Solid
Waste
Susie Gordon Senior
Environmental
Planner
sgordon@fcgov.com
Risk Management Lance Murray Risk Manager lmurray@fcgov.com
Stormwater Jon Haukaas Water Engineering
Field Operations
Manager
jhaukaas@fcgov.com
Transportation Mark Jackson Planning,
Development and
Transportation
Deputy Director
mjackson@fcgov.com
Utilities Customer
Service
Lisa Rosintoski Utility Customer
Connections
Manager
lrosintoski@fcgov.com
Water Supply and
Quality
Kevin Gertig Water Resource
and Treatment
Operations
Manager
kgertig@fcgov.com
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Attachmenta: Exhibit A (Legislative Policy RESO)
Director
jmiller@fcgov.com
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Attachmenta: Exhibit A (Legislative Policy RESO)
200 EAST COLFAX, ROOM 301
DENVER, CO 80203
P: 303-866-2917
• JOANN GINAL
DISTRICT 52
200 EAST COLFAX, ROOM 301
DENVER, CO 80203
P: 303-866-4569
Packet Pg. 110
Attachment9.1: 2014 Legislative priorities (Legislative Policy Agenda)