HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/04/2018 - RESOLUTION 2018-112 ADOPTING THE CITY'S 2019 LEGISAgenda Item 22
Item # 22 Page 1
AGENDA ITEM SUMMARY December 4, 2018
City Council
STAFF
Ginny Sawyer, Policy and Project Manager
Tyler Marr, Policy and Project Analyst
Carrie M. Daggett, Legal
SUBJECT
Resolution 2018-112 Adopting the City's 2019 Legislative Policy Agenda.
EXECUTIVE SUMMARY
The purpose of this item is to consider and adopt the City's 2019 Legislative Policy Agenda. Each year the
Legislative Review Committee (LRC) develops a legislative agenda to assist in the analysis of pending
legislation and regulation. The Legislative Policy Agenda is used as a guide by Council and staff to determine
positions on legislation and regulation pending at the state and federal levels and as a general reference for
the City's state legislators and congressional delegation.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The Legislative Policy Agenda is a guiding document meant to reflect 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 citizens, community organizations, state legislators and
congressional delegation. The 2019 Agenda was developed with input from City staff and reviewed by the
Legislative Review Committee.
The Policy Agenda is a topic-based set of policy statements meant to convey supporting and opposing
positions on issues of local importance that impact quality of life, governance of our community, and strategic
objectives. It is designed to address areas of local concern and to reflect the strategic planning and outcome
areas that guide City of Fort Collins resource allocation and decision making.
The Legislative Policy Agenda also makes reference to the City’s partnering with Colorado Communities for
Climate Action, the Colorado Municipal League, the National League of Cities, and the Colorado Association of
Municipal Utilities.
ATTACHMENTS
1. Legislative Policy Agenda 2019 (draft) (PDF)
2019 2018 Legislative Policy Agenda
Adopted November 21, 2017
ATTACHMENT 1
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TABLE OF CONTENTS
Table of Contents ............................................................................... 2
Home Rule and Local Control ................................................................. 6
Affordable Housing .............................................................................. 6
Air Quality ........................................................................................ 7
Beer and Liquor ................................................................................. 8
Broadband and Cable ........................................................................... 8
Climate ........................................................................................... 9
Development Review and Land Use Planning ............................................... 9
Elections ........................................................................................ 10
Energy .......................................................................................... 10
Finance ......................................................................................... 11
Hazardous Materials Management .......................................................... 11
Human Resources ............................................................................. 12
Marijuana ....................................................................................... 13
Municipal Court ................................................................................ 13
Oil and Gas ..................................................................................... 14
Open Records and Data Management ...................................................... 15
Parks and Natural Areas ...................................................................... 15
Public Health .................................................................................. 16
Public Safety ................................................................................... 16
Recycling and Solid Waste Reduction ...................................................... 17
Risk Management and Liability .............................................................. 18
Transportation ................................................................................. 19
Urban Renewal and Downtown Development ............................................. 20
Water, Wastewater, and Stormwater ...................................................... 20
City of Fort Collins Legislative Contacts ................................................... 22
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INTRODUCTION
Fort Collins is a community of 161,000 170,100 residents. Incorporated in 1873,
the City has grown to become the commercial, educational and cultural hub of
Northern Colorado. The City adopted a home rule charter in 1954 and operates
under a Council-Manager form of government.
The City 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.
The Fort Collins City Council annually adopts a Legislative Priorities and Policy
Agenda ahead of the upcoming Colorado general Assembly session for the purpose
of guiding legislators and staff in supporting community goals.
• The Legislative Priorities are broad issues Fort Collins is focused on during
the Colorado General Assembly and United States Congress sessions. The
Priorities may carry over year to year since they are larger, more
challenging issues that may take multi-year work to influence.
The Policy Agenda is broad set of policy statements meant to convey positions on
issues that affect the quality of life and the governance of our community. It 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.
Fort Collins welcomes opportunities to work in partnership to leverage additional
resources and participate in regional dialogue to achieve shared outcomes.
The City has identified seven outcome areas to ensure appropriate and effective
resource allocation supporting the community’s priorities. Outcome areas include
Culture and Recreation; Economic Health; Environmental Health; High Performing
Government; Neighborhood Livability and Social Health; Safe Community; and
Transportation and Mobility. The Policy Agenda identifies this alignment as it is
important for City staff to ensure that advocacy supports specific desired
outcomes.
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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 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 Ken Summers, Chair
• Councilmember Ray Martinez
• Councilmember Bob Overbeck
LEGISLATIVE REVIEW PROCESS
In 2019, the City of Fort Collins will rely heavily on the Legislative Policy Agenda,
the Colorado Municipal League, and Colorado Communities for Climate Action for
the majority of bill tracking and identification.
The City currently maintains memberships with the Colorado Municipal League and
Colorado Communities for Climate Action – both groups maintain a fulltime
presence at the capitol and engage in bill identification and advocacy consistent
with their own adopted policy agendas.
Bills introduced in the Colorado General Assembly, United States Congress and
federal, state or county regulations or rulemakings are reviewed by City staff. or
the City’s contract lobbyist. Bills, regulations and rules that are identified as
having a potential impact on the City will be brought to the LRC for discussion. If
LRC adopts a position, staff and/or lobbyists will convey that information to the
appropriate state or federal representative and advocate for the adopted position.
Due to the time-sensitive nature of the General Assembly, if a bill’s subject
matter is explicitly addressed in this Policy Agenda, staff will proactively work
with state and federal representatives to advance the City’s position as expressed
in this legislative policy agenda and other Council-adopted plans and policies.
Staff will provide regular updates to , while updating the LRC and the full City
Council regarding bills of consequence to the City, and will consult with the LRC
regarding bills for which direction under the adopted policy is unclear. until such
time that LRC may take a position.
Staff liaisons support the LRC by contributing expertise in various areas of
municipal service. The City Attorney’s Office also reviews selected bills and may
provide confidential legal analysis. The input offered by staff and the City’s
attorneys is invaluable in analyzing impacts of legislative, regulatory and
rulemaking 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.
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The City works closely with the Colorado Municipal League (CML) and the National
League of Cities (NLC) on many legislative items facing cities. Fort Collins
maintains membership with Colorado Association of Municipal Utilities (CAMU)
which represents 29 municipal utilities throughout the state on utility issues,
Colorado Communities for Climate Action (CC4CA) which represents municipalities
on climate issues. In addition, Fort Collins actively participates in various trade
organizations which represent specific areas of interest to City operations.
In 20189, Fort Collins will partner again with the lobbying firm Bowditch and
Cassell to maintain a fulltime presence at the state capitol.
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2018 LEGISLATIVE POLICY STATEMENTS
HOME RULE AND LOCAL CONTROL
In order to consider and manage local conditions and desires, community issues and
needs should be addressed locally. For this reason, home rule authority is of utmost
importance to the City of Fort Collins. 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. The City
also understands the accumulative effect of these and other activities have statewide
ramifications that may call for statewide regulation, to effectively manage such
things as overall growth and development in the state, traffic congestion in major
transportation corridors and environmental quality.
Therefore, the City:
1. Supports strengthening and preserving home rule authority of municipal
governments.
2. Opposes State or Federal intervention in matters of local concern or matters that
unnecessarily or adversely affect the City’s ability to manage and operate
pursuant to its home rule authority.
3. Opposes changes that increase (and support changes that lessen) the burdens on
municipalities associated with public or other government records, establishment
of ethics standards and procedures, operation of municipal courts, and other
matters of municipal operations or authority.
4. Supports enabling cities to choose the provision of services through private
enterprise in a manner that fosters cost effective, sustainable, quality services.
5. Supports local control of the awarding of contracts and the accountability of local
officials for those actions.
6. Opposes mandates that increase the complexity and cost of services without
improving those services.
6.7. Supports collaborative efforts regional efforts for the benefit of participating
communities.
AFFORDABLE HOUSING
NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH
The City recognizes that the affordability and availability of decent quality housing is
critical to a vibrant and diverse community.
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Therefore, the City:
1. Supports maintaining or enhancing current levels of funding for affordable housing
throughout Colorado, including expanding the State Low Income Housing Tax
Credit program, but not increases to unrelated fees.
2. Supports increasing local government’s ability to regulate, manage or generate
alternative sources of funding for affordable housing, including public-private
partnerships.
3. Supports stronger amendments to construction defect laws to promote the
construction of owner occupied-attached housing.
4. Supports creating an adequate supply of housing for all income levels and
continued public and private sector support for these efforts.
AIR QUALITY
ENVIRONMENTAL HEALTH
The City’s Air Quality Plan establishes a strong overall goal to “continually improve
Fort Collins air quality.”
Therefore, the City:
1. Supports programs and policies that improve public health and air quality, and
support rapid attainment of National Ambient Air Quality Standards, including
ozone.
2. Supports local government authority to improve air quality beyond minimum State
or Federal requirements.
3. Supports adequate authority and resource at all levels of government to enforce
air quality regulations.
4. Supports economic incentives, disincentives and other market approaches that
promote lower emissions, and fewer carbon-based fuels.
5. Supports strengthening standards for tailpipe emissions, aggregate vehicle
emissions and/or fuel economy for all vehicles. Supports programs and policies
that promote the use of electric vehicles and the development of infrastructure
needed to support the use of those vehicles.
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BEER AND LIQUOR
SAFE COMMUNITY
The City issues and renews liquor licenses, enforces license rules, and holds hearings
for liquor license violations.
Therefore, the City:
1. Supports clarifying the qualifications for what types and purposes a business may
obtain and use a state liquor license.
2. Supports definition of a “meal” when calculating the percentage of meals served
for a liquor license.
BROADBAND AND CABLE
ECONOMIC HEALTH
Reliable, high-speed, and affordable access to broadband and cable programming
throughout the community remains a priority and a long-term goal for the City to
ensure our economic vitality and allow for equal access for all residents and
businesses.
Therefore, the City:
1. Supports maintaining local franchising authority to preserve local governments’
ability to negotiate in the public interest for cable channel space, institutional
networks and public education and government programming.
2. Supports allowing communities to offer and/or partner to offer high speed
internet, Wi-Fi and other enhanced telecommunication services to residents,
schools, academic institutions and businesses.
3. Opposes restrictions on providing telecommunication services within City-owned
facilities and on City property, and related restrictions on the manner in which
such services may be financed, funded or structured.
4. Opposes infringement on municipalities’ ability to compete in the broadband
marketplace.
5. Opposes right of way use contrary to existing aesthetic policies and practices,
including the addition of any above ground cabling.
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CLIMATE
ENVIRONMENTAL HEALTH
Making communities more resilient to disaster and the effects of a changing climate
has become more important to Colorado communities over the last several years as
natural disasters have caused significant human and property loss. Fort Collins has
adopted aggressive emission reduction goals and supports policies and legislation
helping communities and the state to achieve these goals and enhance the
environment as detailed in the Climate Action Plan.
Therefore, the City:
1. Supports greenhouse gas (GHG) emission reduction targets, planning, and
implementation at all levels of government.
2. Supports market-based mechanisms to reduce emissions, including incentives,
enabling legislation, and other mechanisms to achieve emissions reductions and
increase resiliency in energy, waste reduction, transportation, and water sectors.
3. Supports protection of the Colorado self-audit law.
4. Supports reducing the emission of criteria pollutants.
DEVELOPMENT REVIEW AND LAND USE PLANNING
ECONOMIC HEALTH, NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH
Fort Collins has a well-established development review process, land use and building
code; all of which align with local priorities.
Therefore, the City:
1. Supports financial compensation for additional work of inspectors through fees or
other means.
2. Supports funding for any state mandated inspection requirements.
3. Supports local governments’ authority to determine development review and
inspection timelines.
4. Encourages regional cooperation in land use and transportation planning, and
foster sustainable development.
5. Supports prohibition to 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.
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6. Supports municipal discretion concerning the imposition of development fees and
requirements.
ELECTIONS
HIGH PERFORMING GOVERNMENT
The City of Fort Collins conducts municipal elections in April of odd years and special
elections upon initiative referrals. The City is committed to conducting a clear, legal,
and trustworthy elections process.
Therefore, the City:
1. Supports all efforts that assist the City in conductingto ensure fair and transparent
election processes according to the City’s adopted procedures.
2. Supports process improvements that encourage voter participation.
ENERGY
ECONOMIC HEALTH, ENVIRONMENTAL HEALTH
As a municipally-owned electric utility, the City is committed to providing affordable,
reliable, and clean energy services to residents and businesses, as detailed in the
Energy Policy.
Therefore, the City:
1. Supports all efforts that promote energy affordability, safety, and reductions in
fossil-fuel generated consumption for residents, businesses and institutions.
2. Supports reductions in environmental damage caused by energy extraction and
production.
3. Supports opportunities for energy efficiency, production, and operation in local
economies.
4. Opposes barriers to coordinating integrated planning for energy supply and
demands.
5. Supports state and federal funding for resilience efforts to mitigate potential
energy and climate related disruptions.
6. Supports federal and state incentives for renewable energy production, including
wind power, and provide for “State Implementation Plan” credits for renewable
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energy (excluding residential wood burning and corn-based ethanol) and energy
efficiency.
7. Opposes attempts to prevent or inhibit provision of municipal electric service in
newly annexed areas.
8. Supports smart grid technology adoption and grid modernization.
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9. Supports minimizing the environmental impacts of all forms of energy
FINANCE
HIGH PERFORMING GOVERNMENT
Strong fiscal planning, prudent debt management and investment policies, 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:
1. Supports expanding municipal authority to establish alternative funding
mechanisms, including financing tools such as public improvement fees (PIF) and
certificates of participation (COP).
2. Supports increased funding for K-12 and higher education, specifically Colorado
State University and Front Range Community College.
3. Encourages the equitable treatment of sales and use taxes to residents and
corporations residing or doing business in Colorado by limiting exemptions.
4. Supports the equitable distribution sales tax collections on e-commerce
transactions.
5. Opposes efforts that inhibit the City’s ability to increase its revenue base (sales,
use and property taxes).
6. Supports protections that do not unnecessarily restrict the investments of
government entities.
HAZARDOUS MATERIALS MANAGEMENT
SAFE COMMUNITY; ENVIRONMENTAL HEALTH
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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:
1. Supports strengthening the enforcement of hazardous materials regulations.
2. Supports increasing diversion of hazardous waste from landfills.
3. Supports greater flexibility and more options for local government in the
management of publicly-owned areas thought to have asbestos-containing soils
while maintaining responsible site management practices.
4. Support City’s ability to review and approve locations of facilities that use or store
hazardous materials or hazardous waste.
HUMAN RESOURCES
HIGH PERFORMING GOVERNMENT
The City of Fort Collins is committed to the health, safety and well-being of its
employees. The City works diligently to be efficient and responsible stewards of tax
dollars ensuring that employee compensation and benefits are fair, market-based,
and competitive. 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, appeal rights related to disciplinary action and
policies.
Therefore, the City:
1. Supports the City’s ability to make decisions on employment issues, including
collective bargaining, arbitration, compensation, appeal rights related to
disciplinary action and benefits to further an equitable work environment.
2. Supports expansion to the City’s ability to determine how best to manage health,
welfare and wellness services for employees.
3. Supports current state funding levels for police officer death and disability
benefits.
4. Opposes proposals that would allow employees and/or retirees with defined
contribution plans to move into defined benefit plans if there is a cost to local
government.
5. Opposes proposals that would limit the City’s ability to test job applicants or
employees at work for impairment due to consumption of alcohol, marijuana, or
other controlled substances or to set limits related to such testing.
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MARIJUANA
SAFE COMMUNITY
After the State’s legalization of medical and recreational marijuana, the City of Fort
Collins created local marijuana business licensing programs and adopted ordinances to
balance the needs and desires of the community related to legal marijuana.
In 2012, Colorado voters approved legalization of medical and recreational marijuana.
During the same election, Fort Collins residents voted to approve a citizen referred
ballot measure to approve the use of medical marijuana within the city. The City’s of
Fort Collins has a licensinglicensing program that supports the state dual-licensing
system for medical and recreational marijuana businesses.
Therefore, the City:
1. Supports communities’ ability to raise necessary funds to maintain public safety and
enforce marijuana possession laws.
2. Supports additional state marijuana enforcement resources, especially for field
enforcement.
3. Opposes under-21 access to marijuana.
4. Supports local opt-in provisions regarding new permits and/or licenses.
3.5. Supports re-scheduling of marijuana at the fedreral level to help address safety
through research and legal banking, and to reduce conflict between Colorado and
federal laws.
4. Supports aligning federal marijuana laws with the Colorado constitution.
MUNICIPAL COURT
SAFE COMMUNITY; HIGH PERFORMING GOVERNMENT
The Fort Collins Municipal Court is responsible for administering the operations of the
judicial branch of City government according to the City Charter and ordinances
adopted by City Council. Cases adjudicated in Municipal Court include traffic
violations, misdemeanors, civil infractions, and civil cases. Generally, cases are
brought to Municipal Court by Fort Collins Police Services, Colorado State University
Police Department, Animal Control, other City departments, and private citizens.
Therefore, the City:
1. Opposes limitations on the authority of municipalities to enforce their own
ordinances in municipal courts, and increased procedural requirements or limitations
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on municipal court proceedings, such asincluding limitations on bonding requirements
related to municipal court warrants and sentencing options.
2. Opposes the imposition of state surcharges on municipal court fines for the
purpose of funding state programs.
2.3. Opposes any unfunded mandates imposed on municipal courts by the state.
3.4. Opposes the unfunded mandate imposed by CRS Section 13-10-114.5, currently
effective 07/01/2018, of having private defense counsel present for first
advisements of in-custody defendants rather than continuing to have the Court
appoint counsel after advisement if such a request is made by an indigent
defendant.
OIL AND GAS
ENVIRONMENTAL HEALTH
Oil and gas extraction activity and associated health and environmental impacts are a
concern for Fort Collins. . Fort Collins residents have expressed continuing concern
about the human and environmental health impacts from oil and gas operations,
particularly from the hydraulic fracturing treatment used on most Colorado wells. In
November 2013, voters approved a five-year moratorium on oil and gas extraction in
order to study its property value and human health impacts but this was overturned
by the State Supreme Court in 2016. Additionally, transported emissions from oil and
gas operations outside of City limits have been demonstrated to contribute to ozone
formation.
Therefore, the City:
1. Supports greater local authority to regulate oil and gas exploration activities
within municipal boundaries, including ability to inspect sites, ensure operator
compliance, and regulate location of extraction, storage and transmission
activities.
2. Supports state, federal, and academic studies evaluating impacts of oil and gas
operations on human health and property values.
3. Supports air pollution monitoring, emission characterization and modeling studies
to better understand the contributions of the oil and gas industry to air pollution.
4. Supports the current formula allocation of severance tax to impacted jurisdictions
so that they might address impacts from resource extraction.
5. Supports industry information sharing and collaboration with local governments on
the planned development of resources within communities’ Growth Management
Areas.
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6. Supports legislation that better balances the rights of surface landowners and
mineral rights owners.
OPEN RECORDS AND DATA MANAGEMENT
HIGH PERFORMING GOVERNMENT
The City is the collector and keeper of hundreds of datasets and recorded information and
is legally bound and responsible for responding to Open Record requests. The City supports
transparency and open data initiatives.
Therefore, the City:
1. Supports clear requirements that allow for reasonable requests and timeframes to
providefor providing information that is legally available.
2. Opposes mandates that include unrealistic timeframes and requests that require
additional staff time with no means to recuperate recover costs.
3. Supports cybersecurity efforts that protect the City, consumers, and infrastructure.
PARKS AND NATURAL AREAS
ENVIRONMENTAL HEALTH; CULTURE AND RECREATION
The City is committed to providing the community with excellent natural areas, 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 natural areas,
parks and recreation programs.
Therefore, the City:
1. Supports maintaining or enhancing funding for parks, trails, forestry, horticulture,
natural areas, and recreation services and facilities.
2. Supports local discretion to use Great Outdoors Colorado and other sources for funding
municipal government projects addressing local needs and priorities.
3. Supports equal or greater funding levels of Great Outdoors Colorado grants awarded to
municipalities
4. Supports maintaining or enhancing tax incentives to private landowners for
voluntary land conservation.
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5. Supports additional funding for conservation programs, including reinstating
Colorado Parks and Wildlife license fees to at least 2005 levels.
6.5. Supports protection of the Cache la Poudre River and local urban streams.
PUBLIC HEALTH
SAFE COMMUNITY; NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH
The City of Fort Collins strives to be a welcoming and inclusive community for all,
including residents who may be experiencing the challenges of homelessness, mental
health issues, addiction, depression, and other challenging life situations.
Therefore, the City:
1. Supports maintaining or increasing the funds available through the state and
federal government for community-focused non-profits to provide human services
and housing support.
2. Supports providing communities with resources to address chronic homelessness,
supportive housing, mental health, and substance abuse, including tobacco
prevention programs.
3. Supports a standardized statewide approach to addressing homelessness.
4. Supports statewide efforts to enforce retail tobacco sales compliance.
PUBLIC SAFETY
SAFE COMMUNITY
The Fort Collins City Council recognizes the critical importance of maintaining public
safety, providing a safe environment, and protecting the lives and property of the
citizens of Fort Collins on a daily basis as well as through preparedness and resiliency
planning efforts.
Therefore, the City:
1. Supports greater protections to victims of crime.
2. Supports the City’s right to use camera enforcement of traffic laws, reduce
operational restrictions on the use of camera enforcement, and increases the fines
associated with violations.
3. Supports protocols and funding for shared, statewide emergency response
communications, including supporting Larimer Emergency Telephone Authority
(LETA) and other efforts to resolve the 911 redundancy diversity issues, such as
through and the addition of an additional 911 provider.
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3.4. Opposses increased 911 provider tariffs without clear documentation of cost
needs.
4.5. Opposes initiatives that have the potential to compromise officer safety.
5.6.Supports minimum training criteria and professional mediator certification that
formally legitimizes the field of Alternative Dispute Resolution (ADR).
6.7. Supports maintenance of a statewide database of concealed weapons permits.
7.8. Opposes municipal liability for prisoners’ self-inflicted wounds while in police
custody or detention facilities.
8.9. Opposes efforts to undermine local control or enforcement of activities on
public property.
9.10. Supports a state fire code, the code of choice being the International Building
and Fire Code, and allowing municipalities to adopt their own amendments.
10.11. Opposes limits to local enforcement of the International Fire Code as adopted
with local amendments, imposing inspection requirements or preventing collection
of permit or inspection fees as required by the local jurisdiction.
11.12. Opposes restricting any local jurisdiction from requiring the installation of fire
sprinklers.
12.13. Supports the City’s ability to prohibit the use and sale of fireworks and allow
counties and fire districts to prohibit and otherwise control fireworks within City
boundaries.
13.14. Supports efforts to reduce abuse and improper disposal of over-the-counter and
prescription drugs.
14.15. Supports exclusive digital communication networks for public safety personnel
during emergencies.
RECYCLING AND SOLID WASTE REDUCTION
ENVIRONMENTAL HEALTH
The City of Fort Collins endorses a multi-pronged approach to waste minimization that
includes recycling, re-use, composting, and source reduction, and which also applies
Sustainable Materials Management principles such as redesigning systems to reduce
pollution and waste. Additionally, the City has adopted a goal of diverting 75 percent of
community waste by 2020; 90 percent by 2025, and 100 percent by 2030.
Therefore, the City:
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1. Encourages integrated, sustainable waste management planning and
implementation policy, including but not limited to the creation of centralized
data collection requirements and formal statewide diversion targetsa state waste
diversion goal.
2. Supports a regulatory authority role for local government to ensure the efficient
management of recyclable material and solid waste, including application of laws
that prescribe the use of county-funded disposal facilities for certain types of
wastes, and other local bans on landfill disposal for certain types of debris.
3. Encourages “buy recycled” or “environmentally preferable purchasing” policies for
government agency procurement.
4. Supports incentives and funding for programs that promote waste reduction, reuse
and recycling, and development of related infrastructure.
5. Supports continued or increased funding for programs to collect and monitor data
on trash volumes, rates of diversion from landfill disposal and economic impacts of
recycling.
6. Supports greater producer responsibility initiatives, such as “take back”
regulations that assist consumers to appropriately recycle packaging materials or
certain products (e.g., cardboard and expanded polystyrene packaging, single-use
plastic shopping bags, electronic equipment or mattresses).
7. Opposes CRS Section 25-17-104, which currently limits local authority to regulate
packaging materials (e.g., single-use plastic bags).
8. Supports establishing a refundable deposit fee on beverage containers to increase
recovery rates and that would be used to pay for recycling programs.
9. Supports state and regional tax incentives for existing and new businesses that
provide end markets for recycled materials in support of a domestic, circular
economy.
RISK MANAGEMENT AND LIABILITY
HIGH PERFORMING GOVERNMENT
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:
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1. Supports improving administrative efficiency of the Division of Workers’
Compensation.
2. Opposes increased insurance premium costs to employers.
3. Opposes administrative burdens or taxes to self-insurance programs.
4. Supports limits to insurance claim litigation.
5. Opposes limiting the City’s options and ability to manage workers’ compensation
claims; including actions like removing existing off-sets to workers’ compensation
benefits or limiting the City’s ability to designate treating physicians.
6. Opposes efforts to presumptively expand workers’ compensation coverage to
illnesses or injuries that are not work related.
6.7. Opposes efforts to reduce or weaken protections against liability through
governmental immunity or other statutory provisions.
TRANSPORTATION
TRANSPORTATION AND MOBILITY
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 bicycling, transit and walking alternative
transportation whenever appropriate.
Therefore, the City:
1. Opposes reductions to the present allocation formula of 60 percent state, 22
percent counties, and 18 percent municipalities for Highway User Tax Fund (HUTF)
or any appropriations from the state using the same formula.
2. Supports alternative methods of funding transportation infrastructure needs.
3. Support funding the analysis and implementation of inter- and intra-regional
transit linkages, including future commuter rail connectivity.
4. Encourages flexibility in federal funding and regulations in order to better meet
the needs of small to medium-size communities.
5. Supports guaranteed levels of federal funding for transportation and allocation of
all federal motor fuel taxes and other federal transportation trust funds for their
intended transportation purposes.
6. Supports broadening the definition of the gasoline tax to a “fuel tax” that
encompasses other fuel options as they become more prevalent.
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7. Supports enhanced ability to implement railroad quiet zones in municipalities and
a reduction in train horn decibel and duration requirements.
8. Opposes divesting highway roads in urban areas from the state and making them
the sole responsibility of local jurisdictions.
9. Supports safe operation of railroads through timely track inspections, joint training
and communication between railroad and emergency personnel, and the use of
safe equipment.
10. Supports funding for the build out of Interstate 25 improvements, which may
include a ballot measure.
11. Opposes reductions in federal dollars for bicycling, transit and walkingalternate
travel modes.
11.12. Supports local control of public roads, pedestrian paths, and bike lanes to
address emerging modes of transportation.
URBAN RENEWAL AND DOWNTOWN DEVELOPMENT
ECONOMIC HEALTH
The state of Colorado has empowered local authorities to use Urban Renewal Authorities
(URA) and Downtown Development Authorities (DDA) to encourage downtown revitalization
and the elimination of blight. The main funding tool for URAs and DDAs is Tax Increment
Financing (TIF) generated through property taxes. In its best intention, urban renewal and
downtown revitalization restores economic vitality and improves the safety of a designated
area, with limited financial impact to other government jurisdictions.
Therefore, the City:
1. Opposes limitations on municipalities’ ability to utilize financing mechanisms such as TIF
or Metro Districts.
2. Opposes efforts to allow increase influence of non-City jurisdictions to have influence
over the use of TIF within City limits.
3. Supports maintaining the ability of downtown development authorities to utilize the full
offering of urban renewal tools and powers provided in the DDA Act.
WATER, WASTEWATER, AND STORMWATER
ENVIRONMENTAL HEALTH; SAFE COMMUNITY
The City operates a water, wastewater, and stormwater utility in a financially sound,
reliable, safe, and environmentally acceptable manner. The availability of water supplies is
critical to this mission and is managed by both the Water Demand and Supply Policy, and the
Water Efficiency Plan.
21
Therefore, the City:
1. Supports expanding the authority delegated to the state to administer federally
mandated water, stormwater and wastewater environmental regulatory programs.
2. Supports reasonable water quality regulations that are cost effective and can show
identifiable benefits.
3. Supports municipal flexibility to manage 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.
4. Opposes unfunded mandates.
5. Opposes barriers to financing for water conservation projects.
6. Supports funding for the recovery and treatment of the Cache la Poudre and other
waterways impacted by natural disasters.
7. Supports enhanced municipal authority to protect and increase the flexibility and
resiliency of its water supply under Colorado’s appropriation doctrine without adversely
affecting in-stream flows or the natural environment of the stream.
8. Supports streamlining federal and state permitting requirements for water development
projects that increase coordination between permitting agencies, reduces administrative
and financial burdens on permit applicants, and ensures robust and enforceable
environmental protections.
9. Supports the enlargement of Halligan Reservoir as a common-sense, cost-effective, and
environmentally beneficial approach to meet Fort Collins’ future water supply needs.
22
CITY OF FORT COLLINS LEGISLATIVE CONTACTS
Legislative Review Committee
Name District/Title Email Phone
Councilmember Ken
Summers, Chair
District 3 ksummers@fcgov.com (970) 221-6878
Councilmember Ray
Martinez
District 2 raymartinez@fcgov.com (970) 690 3686
Councilmember Bob
Overbeck
District 1 boverbeck@fcgov.com (970) 221-6917
Darin Atteberry City Manager datteberry@fcgov.com (970) 221-6505
Jeff Mihelich Deputy City Manager jmihelich@fcgov.com (970) 416-2899
Carrie Daggett City Attorney cdaggett@fcgov.com (970) 416-2463
Ginny Sawyer
Tyler Marr
Legislative Staff gsawyer@fcgov.com
tmarr@fcgov.com
(970) 224-6094
(970) 416-4205
Legislative Staff Liaison Members
Topic Area Name Title Email Phone
Affordable Housing
and Social
Sustainability
Beth Sowder Social Sustainability
Director
bsowder@fcgov.com (970) 221-6752
Air Quality Cassie Archuleta Environmental
Program Manager
carchuleta@fcgov.com
Broadband Colman Keane Broadband Director ckeane@fcgov.com (610) 224-6001
Cable Television
Franchise
Carson Hamlin Cable Television
Manager
chamlin@fcgov.com (970) 221-6510
Climate Lindsay Ex Environmental
Program Manager
lex@fcgov.com (970)224-6143
Environmental
Protection
Lucinda Smith Environmental Services
Director
lsmith@fcgov.com (970) 224-6085
Elections, Liquor
and Marijuana
Licensing
Delynn Coldiron City Clerk dcoldiron@fcgov.com (970) 416-2995
Cultural Services,
Parks and
Recreation
Mike Calhoon Director of Parks mcalhoon@fcgov.com (970) 416-2079
Energy Tim McCollough,
John Phelan
Light and Power,
Operations
ManagerDeputy
23
ConservationEnergy
Services, Senior
Manager
Finance Mike Beckstead Chief Financial Officer mbeckstead@fcgov.co
m
(970) 221-6795
Economic Health Josh Birks Economic Health
Director
jbirks@fcgov.com (970) 221-6324
Legislative Staff
Liaison Members
Fire Protection and
HAZMAT Mgmt
Bob Poncelow Division Chief, Poudre
Fire Authority
bponcelow@poudre-
fire.org
(970) 416-2871
Human Resources Janet Miller Assistant Human
Resources Director
jamiller@fcgov.com (970) 221-6826
Natural Areas,
Open Lands and
Cache la Poudre
River Issues
John Stokes Natural Areas Director jstokes@fcgov.com (970) 221-6263
Building Services Russ Hovland Chief Building Official rhovland@fcgov.com (970) 416-2341
Planning and Land
Use
Tom Leeson Community
Development and
Neighborhood Services
Director
tleeson@fcgov.com (970) 221-6287
Public Safety Greg Yeager Deputy Chief of Police gyeager@fcgov.com (970) 416-2185
Recycling and Solid
Waste
Susie Gordon Environmental
Program Manager
sgordon@fcgov.com (970) 221-6265
Risk Management Kendra
RadfordKelly
Bernish
Safety, Security, and
Risk Management
Director
kradford@fcgov.comkb
ernish@fcgov.com
(970) 221-6774
Stormwater Matt FaterTheresa
Connor
Interim Water
Engineering Field
Operations, Deputy
Utilities Director
Manager
mfatertconnor@fcgov.
com
(970) 221-6671
-1-
RESOLUTION 2018-112
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE CITY’S 2019 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 or impact 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 City staff are asked to state the City’s policy position
on legislation; and
WHEREAS, in addition, on occasion the City has an interest in providing input on
proposed county, state and federal regulations; and
WHEREAS, establishing the City’s policy position assists the members of the Legislative
Review Committee in their review of, and response to, these matters, and assists City staff in
communicating and advocating the City’s policy position on the same.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the policy statements contained in the attached 2019 Legislative
Policy Agenda accurately reflect the City’s policies on these issues.
Section 3. That the City Council hereby adopts the 2019 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 4th
day of December, A.D. 2018.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
2019 Legislative Policy Agenda
EXHIBIT A
2
TABLE OF CONTENTS
Table of Contents ............................................................................... 2
Home Rule and Local Control ................................................................. 6
Affordable Housing .............................................................................. 6
Air Quality ........................................................................................ 7
Beer and Liquor ................................................................................. 7
Broadband and Cable ........................................................................... 8
Climate ........................................................................................... 8
Development Review and Land Use Planning ............................................... 9
Elections ........................................................................................ 10
Energy .......................................................................................... 10
Finance ......................................................................................... 11
Hazardous Materials Management .......................................................... 11
Human Resources ............................................................................. 12
Marijuana ....................................................................................... 13
Municipal Court ................................................................................ 13
Oil and Gas ..................................................................................... 14
Open Records and Data Management ...................................................... 14
Parks and Natural Areas ...................................................................... 15
Public Health .................................................................................. 15
Public Safety ................................................................................... 16
Recycling and Solid Waste Reduction ...................................................... 17
Risk Management and Liability .............................................................. 18
Transportation ................................................................................. 19
Urban Renewal and Downtown Development ............................................. 20
Water, Wastewater, and Stormwater ...................................................... 20
City of Fort Collins Legislative Contacts ................................................... 21
INTRODUCTION
3
Fort Collins is a community of 170,100 residents. Incorporated in 1873, the City
has grown to become the commercial, educational and cultural hub of Northern
Colorado. The City adopted a home rule charter in 1954 and operates under a
Council-Manager form of government.
The City 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.
The Fort Collins City Council annually adopts a Legislative Policy Agenda ahead of
the upcoming Colorado general Assembly session for the purpose of guiding
legislators and staff in supporting community goals.
The Policy Agenda is broad set of policy statements meant to convey positions on
issues that affect the quality of life and the governance of our community. It 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.
Fort Collins welcomes opportunities to work in partnership to leverage additional
resources and participate in regional dialogue to achieve shared outcomes.
The City has identified seven outcome areas to ensure appropriate and effective
resource allocation supporting the community’s priorities. Outcome areas include
Culture and Recreation; Economic Health; Environmental Health; High Performing
Government; Neighborhood Livability and Social Health; Safe Community; and
Transportation and Mobility. The Policy Agenda identifies this alignment as it is
important for City staff to ensure that advocacy supports specific desired
outcomes.
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 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 Ken Summers, Chair
• Councilmember Ray Martinez
• Councilmember Bob Overbeck
LEGISLATIVE REVIEW PROCESS
In 2019, the City of Fort Collins will rely heavily on the Legislative Policy Agenda,
the Colorado Municipal League, and Colorado Communities for Climate Action for
the majority of bill tracking and identification.
The City currently maintains memberships with the Colorado Municipal League and
Colorado Communities for Climate Action – both groups maintain a fulltime
presence at the capitol and engage in bill identification and advocacy consistent
with their own adopted policy agendas.
Bills introduced in the Colorado General Assembly, United States Congress and
federal, state or county regulations or rulemakings are reviewed by City staff.
Bills, regulations and rules that are identified as having a potential impact on the
City will be brought to the LRC for discussion. If LRC adopts a position, staff will
convey that information to the appropriate state or federal representative and
advocate for the adopted position. Due to the time-sensitive nature of the General
Assembly, if a bill’s subject matter is explicitly addressed in this Policy Agenda,
staff will proactively work with state and federal representatives to advance the
City’s position as expressed in this legislative policy agenda and other Council-
adopted plans and policies. Staff will provide regular updates to the LRC and the
full City Council regarding bills of consequence to the City, and will consult with
the LRC regarding bills for which direction under the adopted policy is unclear.
Staff liaisons support the LRC by contributing expertise in various areas of
municipal service. The City Attorney’s Office also reviews selected bills and may
provide confidential legal analysis. 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 (CML) and the National
League of Cities (NLC) on many legislative items facing cities. Fort Collins
maintains membership with Colorado Association of Municipal Utilities (CAMU)
which represents 29 municipal utilities throughout the state on utility issues,
5
Colorado Communities for Climate Action (CC4CA) which represents municipalities
on climate issues. In addition, Fort Collins actively participates in various trade
organizations which represent specific areas of interest to City operations.
6
2018 LEGISLATIVE POLICY STATEMENTS
HOME RULE AND LOCAL CONTROL
In order to consider and manage local conditions and desires, community issues and
needs should be addressed locally. For this reason, home rule authority is of utmost
importance to the City of Fort Collins. 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. The City
also understands the accumulative effect of these and other activities have statewide
ramifications that may call for statewide regulation, to effectively manage such
things as overall growth and development in the state, traffic congestion in major
transportation corridors and environmental quality.
Therefore, the City:
1. Supports strengthening and preserving home rule authority of municipal
governments.
2. Opposes State or Federal intervention in matters of local concern or matters that
unnecessarily or adversely affect the City’s ability to manage and operate
pursuant to its home rule authority.
3. Opposes changes that increase (and support changes that lessen) the burdens on
municipalities associated with public or other government records, establishment
of ethics standards and procedures, operation of municipal courts, and other
matters of municipal operations or authority.
4. Supports enabling cities to choose the provision of services through private
enterprise in a manner that fosters cost effective, sustainable, quality services.
5. Supports local control of the awarding of contracts and the accountability of local
officials for those actions.
6. Opposes mandates that increase the complexity and cost of services without
improving those services.
7. Supports collaborative regional efforts for the benefit of participating
communities.
AFFORDABLE HOUSING
NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH
The City recognizes that the affordability and availability of quality housing is critical
to a vibrant and diverse community.
7
Therefore, the City:
1. Supports maintaining or enhancing current levels of funding for affordable housing
throughout Colorado, including expanding the State Low Income Housing Tax
Credit program, but not increases to unrelated fees.
2. Supports increasing local government’s ability to regulate, manage or generate
alternative sources of funding for affordable housing, including public-private
partnerships.
3. Supports stronger amendments to construction defect laws to promote the
construction of owner occupied-attached housing.
4. Supports creating an adequate supply of housing for all income levels and
continued public and private sector support for these efforts.
AIR QUALITY
ENVIRONMENTAL HEALTH
The City’s Air Quality Plan establishes a strong overall goal to “continually improve
Fort Collins air quality.”
Therefore, the City:
1. Supports programs and policies that improve public health and air quality,and
support rapid attainment of National Ambient Air Quality Standards, including
ozone.
2. Supports local government authority to improve air quality beyond minimum State
or Federal requirements.
3. Supports adequate authority and resource at all levels of government to enforce
air quality regulations.
4. Supports economic incentives, disincentives and other market approaches that
promote lower emissions, and fewer carbon-based fuels.
5. Supports strengthening standards for tailpipe emissions, aggregate vehicle
emissions and/or fuel economy for all vehicles. Supports programs and policies
that promote the use of electric vehicles and the development of infrastructure
needed to support the use of those vehicles.
BEER AND LIQUOR
SAFE COMMUNITY
8
The City issues and renews liquor licenses, enforces license rules, and holds hearings
for liquor license violations.
Therefore, the City:
1. Supports clarifying the qualifications for what types and purposes a business may
obtain and use a state liquor license.
2. Supports definition of a “meal” when calculating the percentage of meals served
for a liquor license.
BROADBAND AND CABLE
ECONOMIC HEALTH
Reliable, high-speed, and affordable access to broadband and cable programming
throughout the community remains a priority and a long-term goal for the City to
ensure our economic vitality and allow for equal access for all residents and
businesses.
Therefore, the City:
1. Supports maintaining local franchising authority to preserve local governments’
ability to negotiate in the public interest for cable channel space, institutional
networks and public education and government programming.
2. Supports allowing communities to offer and/or partner to offer high speed
internet, Wi-Fi and other enhanced telecommunication services to residents,
schools, academic institutions and businesses.
3. Opposes restrictions on providing telecommunication services within City-owned
facilities and on City property, and related restrictions on the manner in which
such services may be financed, funded or structured.
4. Opposes infringement on municipalities’ ability to compete in the broadband
marketplace.
5. Opposes right of way use contrary to existing aesthetic policies and practices,
including the addition of any above ground cabling.
CLIMATE
ENVIRONMENTAL HEALTH
9
Making communities more resilient to disaster and the effects of a changing climate
has become more important to Colorado communities over the last several years as
natural disasters have caused significant human and property loss. Fort Collins has
adopted aggressive emission reduction goals and supports policies and legislation
helping communities and the state to achieve these goals and enhance the
environment as detailed in the Climate Action Plan.
Therefore, the City:
1. Supports greenhouse gas (GHG) emission reduction targets, planning, and
implementation at all levels of government.
2. Supports market-based mechanisms to reduce emissions, including incentives,
enabling legislation, and other mechanisms to achieve emissions reductions and
increase resiliency in energy, waste reduction, transportation, and water sectors.
3. Supports protection of the Colorado self-audit law.
4. Supports reducing the emission of criteria pollutants.
DEVELOPMENT REVIEW AND LAND USE PLANNING
ECONOMIC HEALTH, NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH
Fort Collins has a well-established development review process, land use and building
code; all of which align with local priorities.
Therefore, the City:
1. Supports financial compensation for additional work of inspectors through fees or
other means.
2. Supports funding for any state mandated inspection requirements.
3. Supports local governments’ authority to determine development review and
inspection timelines.
4. Encourages regional cooperation in land use and transportation planning, and
foster sustainable development.
5. Supports prohibition to 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.
6. Supports municipal discretion concerning the imposition of development fees and
requirements.
10
ELECTIONS
HIGH PERFORMING GOVERNMENT
The City of Fort Collins conducts municipal elections in April of odd years and special
elections upon initiative referrals. The City is committed to conducting a clear, legal,
and trustworthy elections process.
Therefore, the City:
1. Supports all efforts that assist the City in conducting fair and transparent election
processes according to the City’s adopted procedures.
2. Supports process improvements that encourage voter participation.
ENERGY
ECONOMIC HEALTH, ENVIRONMENTAL HEALTH
As a municipally-owned electric utility, the City is committed to providing affordable,
reliable, and clean energy services to residents and businesses, as detailed in the
Energy Policy.
Therefore, the City:
1. Supports efforts that promote energy affordability, safety, and reductions in fossil-
fuel generated consumption for residents, businesses and institutions.
2. Supports reductions in environmental damage caused by energy extraction and
production.
3. Supports opportunities for energy efficiency, production, and operation in local
economies.
4. Opposes barriers to coordinating integrated planning for energy supply and
demands.
5. Supports state and federal funding for resilience efforts to mitigate potential
energy and climate related disruptions.
6. Supports federal and state incentives for 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.
11
7. Opposes attempts to prevent or inhibit provision of municipal electric service in
newly annexed areas.
8. Supports smart grid technology adoption and grid modernization.
9. Supports minimizing the environmental impacts of all forms of energy
FINANCE
HIGH PERFORMING GOVERNMENT
Strong fiscal planning, prudent debt management and investment policies, 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:
1. Supports expanding municipal authority to establish alternative funding
mechanisms, including financing tools such as public improvement fees (PIF) and
certificates of participation (COP).
2. Supports increased funding for K-12 and higher education, specifically Colorado
State University and Front Range Community College.
3. Encourages the equitable treatment of sales and use taxes to residents and
corporations residing or doing business in Colorado by limiting exemptions.
4. Supports the equitable distribution sales tax collections on e-commerce
transactions.
5. Opposes efforts that inhibit the City’s ability to increase its revenue base (sales,
use and property taxes).
6. Supports protections that do not unnecessarily restrict the investments of
government entities.
HAZARDOUS MATERIALS MANAGEMENT
SAFE COMMUNITY; ENVIRONMENTAL HEALTH
12
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:
1. Supports strengthening the enforcement of hazardous materials regulations.
2. Supports increasing diversion of hazardous waste from landfills.
3. Supports greater flexibility and more options for local government in the
management of publicly-owned areas thought to have asbestos-containing soils
while maintaining responsible site management practices.
4. Support City’s ability to review and approve locations of facilities that use or store
hazardous materials or hazardous waste.
HUMAN RESOURCES
HIGH PERFORMING GOVERNMENT
The City of Fort Collins is committed to the health, safety and well-being of its
employees. The City works diligently to be efficient and responsible stewards of tax
dollars ensuring that employee compensation and benefits are fair, market-based,
and competitive. 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, appeal rights related to disciplinary action and
policies.
Therefore, the City:
1. Supports the City’s ability to make decisions on employment issues, including
collective bargaining, arbitration, compensation, appeal rights related to
disciplinary action and benefits to further an equitable work environment.
2. Supports expansion to the City’s ability to determine how best to manage health,
welfare and wellness services for employees.
3. Supports current state funding levels for police officer death and disability
benefits.
4. Opposes proposals that would allow employees and/or retirees with defined
contribution plans to move into defined benefit plans if there is a cost to local
government.
5. Opposes proposals that would limit the City’s ability to test job applicants or
employees at work for impairment due to consumption of alcohol, marijuana, or
other controlled substances or to set limits related to such testing.
13
MARIJUANA
SAFE COMMUNITY
After the State’s legalization of medical and recreational marijuana, the City of Fort
Collins created local marijuana business licensing programs and adopted ordinances to
balance the needs and desires of the community related to legal marijuana.
The City’s licensing program supports the state dual-licensing system for medical and
recreational marijuana businesses.
Therefore, the City:
1. Supports communities’ ability to raise necessary funds to maintain public safety and
enforce marijuana possession laws.
2. Supports additional state marijuana enforcement resources, especially for field
enforcement.
3. Opposes under-21 access to marijuana.
4. Supports local opt-in provisions regarding new permits and/or licenses.
5. Supports re-scheduling of marijuana at the federal level to help address safety
through research and legal banking, and to reduce conflict between Colorado and
federal laws.
MUNICIPAL COURT
SAFE COMMUNITY; HIGH PERFORMING GOVERNMENT
The Fort Collins Municipal Court is responsible for administering the operations of the
judicial branch of City government according to the City Charter and ordinances
adopted by City Council. Cases adjudicated in Municipal Court include traffic
violations, misdemeanors, civil infractions, and civil cases. Generally, cases are
brought to Municipal Court by Fort Collins Police Services, Colorado State University
Police Department, Animal Control, other City departments, and private citizens.
Therefore, the City:
1. Opposes limitations on the authority of municipalities to enforce their own
ordinances in municipal courts, and increased procedural requirements or
limitations on municipal court proceedings, such as limitations on bonding
requirements related to municipal court warrants and sentencing options.
2. Opposes the imposition of state surcharges on municipal court fines for the
purpose of funding state programs.
14
3. Opposes any unfunded mandates imposed on municipal courts by the state.
OIL AND GAS
ENVIRONMENTAL HEALTH
Oil and gas extraction activity and associated health and environmental impacts are a
concern for Fort Collins. Fort Collins residents have expressed continuing concern
about the human and environmental health impacts from oil and gas operations,
particularly from the hydraulic fracturing treatment used on most Colorado wells. In
November 2013, voters approved a five-year moratorium on oil and gas extraction in
order to study its property value and human health impacts but this was overturned
by the State Supreme Court in 2016. Additionally, transported emissions from oil and
gas operations outside of City limits have been demonstrated to contribute to ozone
formation.
Therefore, the City:
1. Supports greater local authority to regulate oil and gas exploration activities
within municipal boundaries, including ability to inspect sites, ensure operator
compliance, and regulate location of extraction, storage and transmission
activities.
2. Supports state, federal, and academic studies evaluating impacts of oil and gas
operations on human health and property values.
3. Supports air pollution monitoring, emission characterization and modeling studies
to better understand the contributions of the oil and gas industry to air pollution.
4. Supports the current formula allocation of severance tax to impacted jurisdictions
so that they might address impacts from resource extraction.
5. Supports industry information sharing and collaboration with local governments on
the planned development of resources within communities’ Growth Management
Areas.
6. Supports legislation that balances the rights of surface landowners and mineral
rights owners.
OPEN RECORDS AND DATA MANAGEMENT
HIGH PERFORMING GOVERNMENT
15
The City is the collector and keeper of hundreds of datasets and recorded information and
is legally bound and responsible for responding to Open Record requests. The City supports
transparency and open data initiatives.
Therefore, the City:
1. Supports clear requirements that allow for reasonable requests and timeframes to
provide information that is legally available.
2. Opposes mandates that include unrealistic timeframes and requests that require
additional staff time with no means to recover costs.
3. Supports cybersecurity efforts that protect the City, consumers, and infrastructure.
PARKS AND NATURAL AREAS
ENVIRONMENTAL HEALTH; CULTURE AND RECREATION
The City is committed to providing the community with excellent natural areas, 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 natural areas,
parks and recreation programs.
Therefore, the City:
1. Supports maintaining or enhancing funding for parks, trails, forestry, horticulture,
natural areas, and recreation services and facilities.
2. Supports local discretion to use Great Outdoors Colorado and other sources for funding
municipal government projects addressing local needs and priorities.
3. Supports equal or greater funding levels of Great Outdoors Colorado grants awarded to
municipalities
4. Supports maintaining or enhancing tax incentives to private landowners for
voluntary land conservation.
5. Supports protection of the Cache la Poudre River and local urban streams.
PUBLIC HEALTH
SAFE COMMUNITY; NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH
The City of Fort Collins strives to be a welcoming and inclusive community for all,
including residents who may be experiencing the challenges of homelessness, mental
health issues, addiction, depression, and other challenging life situations.
Therefore, the City:
16
1. Supports maintaining or increasing the funds available through the state and
federal government for community-focused non-profits to provide human services
and housing support.
2. Supports providing communities with resources to address chronic homelessness,
supportive housing, mental health, and substance abuse, including tobacco
prevention programs.
3. Supports a standardized statewide approach to addressing homelessness.
4. Supports statewide efforts to enforce retail tobacco sales compliance.
PUBLIC SAFETY
SAFE COMMUNITY
The Fort Collins City Council recognizes the critical importance of maintaining public
safety, providing a safe environment, and protecting the lives and property of the
citizens of Fort Collins on a daily basis as well as through preparedness and resiliency
planning efforts.
Therefore, the City:
1. Supports greater protections to victims of crime.
2. Supports the City’s right to use camera enforcement of traffic laws, reduce
operational restrictions on the use of camera enforcement, and increases the fines
associated with violations.
3. Supports protocols and funding for shared, statewide emergency response
communications, including supporting Larimer Emergency Telephone Authority
(LETA) and other efforts to resolve 911 diversity issues, such as through the
addition of an additional 911 provider.
4. Opposses increased 911 provider tariffs without clear documentation of cost
needs.
5. Opposes initiatives that have the potential to compromise officer safety.
6. Supports minimum training criteria and professional mediator certification that
formally legitimizes the field of Alternative Dispute Resolution (ADR).
7. Supports maintenance of a statewide database of concealed weapons permits.
8. Opposes municipal liability for prisoners’ self-inflicted wounds while in police
custody or detention facilities.
9. Opposes efforts to undermine local control or enforcement of activities on public
property.
17
10. Supports a state fire code, the code of choice being the International Building and
Fire Code, and allowing municipalities to adopt their own amendments.
11. Opposes limits to local enforcement of the International Fire Code as adopted with
local amendments, imposing inspection requirements or preventing collection of
permit or inspection fees as required by the local jurisdiction.
12. Opposes restricting any local jurisdiction from requiring the installation of fire
sprinklers.
13. Supports the City’s ability to prohibit the use and sale of fireworks and allow
counties and fire districts to prohibit and otherwise control fireworks within City
boundaries.
14. Supports efforts to reduce abuse and improper disposal of over-the-counter and
prescription drugs.
15. Supports exclusive digital communication networks for public safety personnel
during emergencies.
RECYCLING AND SOLID WASTE REDUCTION
ENVIRONMENTAL HEALTH
The City of Fort Collins endorses a multi-pronged approach to waste minimization that
includes recycling, re-use, composting, and source reduction, and which also applies
Sustainable Materials Management principles such as redesigning systems to reduce
pollution and waste. Additionally, the City has adopted a goal of diverting 75 percent of
community waste by 2020; 90 percent by 2025, and 100 percent by 2030.
Therefore, the City:
1. Encourages integrated, sustainable waste management planning and
implementation policy, including but not limited to centralized data collection
requirements and formal statewide diversion targets.
2. Supports a regulatory authority role for local government to ensure the efficient
management of recyclable material and solid waste, including application of laws
that prescribe the use of county-funded disposal facilities for certain types of
wastes, and other local bans on landfill disposal for certain types of debris.
3. Encourages “buy recycled” or “environmentally preferable purchasing” policies for
government agency procurement.
4. Supports incentives and funding for programs that promote waste reduction, reuse
and recycling, and development of related infrastructure.
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5. Supports continued or increased funding for programs to collect and monitor data
on trash volumes, rates of diversion from landfill disposal and economic impacts of
recycling.
6. Supports greater producer responsibility initiatives, such as “take back”
regulations that assist consumers to appropriately recycle packaging materials or
certain products (e.g., cardboard and expanded polystyrene packaging, single-use
plastic shopping bags, or mattresses).
7. Opposes CRS Section 25-17-104, which currently limits local authority to regulate
packaging materials (e.g., single-use plastic bags).
8. Supports establishing a refundable deposit fee on beverage containers to increase
recovery rates and pay for recycling programs.
9. Supports state and regional tax incentives for existing and new businesses that
provide end markets for recycled materials in support of a domestic, circular
economy.
RISK MANAGEMENT AND LIABILITY
HIGH PERFORMING GOVERNMENT
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:
1. Supports improving administrative efficiency of the Division of Workers’
Compensation.
2. Opposes increased insurance premium costs to employers.
3. Opposes administrative burdens or taxes to self-insurance programs.
4. Supports limits to insurance claim litigation.
5. Opposes limiting the City’s options and ability to manage workers’ compensation
claims; including actions like removing existing off-sets to workers’ compensation
benefits or limiting the City’s ability to designate treating physicians.
6. Opposes efforts to presumptively expand workers’ compensation coverage to
illnesses or injuries that are not work related.
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7. Opposes efforts to reduce or weaken protections against liability through
governmental immunity or other statutory provisions.
TRANSPORTATION
TRANSPORTATION AND MOBILITY
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 bicycling, transit and walking whenever appropriate.
Therefore, the City:
1. Opposes reductions to the present allocation formula of 60 percent state, 22
percent counties, and 18 percent municipalities for Highway User Tax Fund (HUTF)
or any appropriations from the state using the same formula.
2. Supports alternative methods of funding transportation infrastructure needs.
3. Support funding the analysis and implementation of inter- and intra-regional
transit linkages, including future commuter rail connectivity.
4. Encourages flexibility in federal funding and regulations in order to better meet
the needs of small to medium-size communities.
5. Supports guaranteed levels of federal funding for transportation and allocation of
all federal motor fuel taxes and other federal transportation trust funds for their
intended transportation purposes.
6. Supports broadening the definition of the gasoline tax to a “fuel tax” that
encompasses other fuel options as they become more prevalent.
7. Supports enhanced ability to implement railroad quiet zones in municipalities and
a reduction in train horn decibel and duration requirements.
8. Opposes divesting highway roads in urban areas from the state and making them
the sole responsibility of local jurisdictions.
9. Supports safe operation of railroads through timely track inspections, joint training
and communication between railroad and emergency personnel, and the use of
safe equipment.
10. Supports funding for the build out of Interstate 25 improvements, which may
include a ballot measure.
11. Opposes reductions in federal dollars for bicycling, transit and walking.
12. Supports local control of public roads, pedestrian paths, and bike lanes to address
emerging modes of transportation.
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URBAN RENEWAL AND DOWNTOWN DEVELOPMENT
ECONOMIC HEALTH
The state of Colorado has empowered local authorities to use Urban Renewal Authorities
(URA) and Downtown Development Authorities (DDA) to encourage downtown revitalization
and the elimination of blight. The main funding tool for URAs and DDAs is Tax Increment
Financing (TIF) generated through property taxes. In its best intention, urban renewal and
downtown revitalization restores economic vitality and improves the safety of a designated
area, with limited financial impact to other government jurisdictions.
Therefore, the City:
1. Opposes limitations on municipalities’ ability to utilize financing mechanisms such as TIF
or Metro Districts.
2. Opposes efforts to increase influence of non-City jurisdictions over the use of TIF within
City limits.
3. Supports maintaining the ability of downtown development authorities to utilize the full
offering of tools and powers provided in the DDA Act.
WATER, WASTEWATER, AND STORMWATER
ENVIRONMENTAL HEALTH; SAFE COMMUNITY
The City operates a water, wastewater, and stormwater utility in a financially sound,
reliable, safe, and environmentally acceptable manner. The availability of water supplies is
critical to this mission and is managed by both the Water Demand and Supply Policy, and the
Water Efficiency Plan.
Therefore, the City:
1. Supports expanding the authority delegated to the state to administer federally
mandated water, stormwater and wastewater environmental regulatory programs.
2. Supports reasonable water quality regulations that are cost effective and can show
identifiable benefits.
3. Supports municipal flexibility to manage 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.
4. Opposes unfunded mandates.
5. Opposes barriers to financing for water conservation projects.
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6. Supports funding for the recovery and treatment of the Cache la Poudre and other
waterways impacted by natural disasters.
7. Supports enhanced municipal authority to protect and increase the flexibility and
resiliency of its water supply under Colorado’s appropriation doctrine without adversely
affecting in-stream flows or the natural environment of the stream.
8. Supports streamlining federal and state permitting requirements for water development
projects that increase coordination between permitting agencies, reduces administrative
and financial burdens on permit applicants, and ensures robust and enforceable
environmental protections.
9. Supports the enlargement of Halligan Reservoir as a common-sense, cost-effective, and
environmentally beneficial approach to meet Fort Collins’ future water supply needs.
CITY OF FORT COLLINS LEGISLATIVE CONTACTS
Legislative Review Committee
Name District/Title Email Phone
Councilmember Ken
Summers, Chair
District 3 ksummers@fcgov.com (970) 221-6878
Councilmember Ray
Martinez
District 2 raymartinez@fcgov.com (970) 690 3686
Councilmember Bob
Overbeck
District 1 boverbeck@fcgov.com (970) 221-6917
Darin Atteberry City Manager datteberry@fcgov.com (970) 221-6505
Jeff Mihelich Deputy City Manager jmihelich@fcgov.com (970) 416-2899
Carrie Daggett City Attorney cdaggett@fcgov.com (970) 416-2463
Ginny Sawyer
Tyler Marr
Legislative Staff gsawyer@fcgov.com
tmarr@fcgov.com
(970) 224-6094
(970) 416-4205
Legislative Staff Liaison Members
Topic Area Name Title Email Phone
Affordable Housing
and Social
Sustainability
Beth Sowder Social Sustainability
Director
bsowder@fcgov.com (970) 221-6752
Air Quality Cassie Archuleta Environmental
Program Manager
carchuleta@fcgov.com
Broadband Colman Keane Broadband Director ckeane@fcgov.com (610) 224-6001
Cable Television
Franchise
Carson Hamlin Cable Television
Manager
chamlin@fcgov.com (970) 221-6510
Climate Lindsay Ex Environmental
Program Manager
lex@fcgov.com (970)224-6143
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Environmental
Protection
Lucinda Smith Environmental Services
Director
lsmith@fcgov.com (970) 224-6085
Elections, Liquor
and Marijuana
Licensing
Delynn Coldiron City Clerk dcoldiron@fcgov.com (970) 416-2995
Cultural Services,
Parks and
Recreation
Mike Calhoon Director of Parks mcalhoon@fcgov.com (970) 416-2079
Energy Tim McCollough,
John Phelan
Light and Power,
Deputy Utilities
Director Energy
Services, Senior
Manager
tmccollough@fcgov.co
m jphelan@fcgov.com
(970) 416-2622 (970)
416-2539
Finance Mike Beckstead Chief Financial Officer mbeckstead@fcgov.co
m
(970) 221-6795
Economic Health Josh Birks Economic Health
Director
jbirks@fcgov.com (970) 221-6324
Legislative Staff
Liaison Members
Fire Protection and
HAZMAT Mgmt
Bob Poncelow Division Chief, Poudre
Fire Authority
bponcelow@poudre-
fire.org
(970) 416-2871
Human Resources Janet Miller Assistant Human
Resources Director
jamiller@fcgov.com (970) 221-6826
Natural Areas,
Open Lands and
Cache la Poudre
River Issues
John Stokes Natural Areas Director jstokes@fcgov.com (970) 221-6263
Building Services Russ Hovland Chief Building Official rhovland@fcgov.com (970) 416-2341
Planning and Land
Use
Tom Leeson Community
Development and
Neighborhood Services
Director
tleeson@fcgov.com (970) 221-6287
Public Safety Greg Yeager Deputy Chief of Police gyeager@fcgov.com (970) 416-2185
Recycling and Solid
Waste
Susie Gordon Environmental
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Utilities Customer
Connections
Lisa Rosintoski Customer Connections,
Deputy Utilities
Director
lrosintoski@fcgov.com (970) 416-2432
Water Supply and
Quality
Carol Webb Water Resource and
Treatment Operations,
Deputy Utilities
Director
cwebb@fcgov.com (970) 221-6231
Program Manager
sgordon@fcgov.com (970) 221-6265
Risk Management Kendra Radford Safety, Security, and
Risk Management
Director
kradford@fcgov.com (970) 221-6774
Stormwater Theresa Connor Water Engineering
Field Operations,
Deputy Utilities
Director
tconnor@fcgov.com (970) 221-6671
Transportation Planning, Development
and Transportation
Deputy Director
(970) 416-2029
Transportation Mark Jackson Planning, Development
and Transportation
Deputy Director
mjackson@fcgov.com (970) 416-2029
Utilities Customer
ServiceConnections
Lisa Rosintoski Utility Customer
Connections, Manager
Deputy Utilities
Director
lrosintoski@fcgov.com (970) 416-2432
Water Supply and
Quality
Carol Webb Water Resource and
Treatment Operations,
Deputy Utilities
Director Manager
cwebb@fcgov.com (970) 221-6231
Utilities Director
Resource
tmccollough@fcgov.co
m jphelan@fcgov.com
(970) 416-2622 (970)
416-2539