HomeMy WebLinkAboutAgenda - Mail Packet - 9/29/2020 - Legislative Review Committee Agenda - September 29, 2020
City Manager’s Office
City Hall
300 LaPorte Ave.
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107 - fax
fcgov.com
Legislative Review Committee Agenda
September 29, 2020
9:00-10:00
Zoom Webinar - https://zoom.us/j/97177253919
1. Approval of minutes from August 28th, 2020 Meeting
Attached: August 28th, 2020 Minutes
2. Review 2021 Legislative Policy Agenda: Staff recommended edits, further LRC
Direction
a. Attached: Redlined 2021 Legislative Policy Agenda. All staff recommended
changes are noted in red text. As part of discussions with the vulnerable and
susceptible populations staff team, a few community members that work closely
with our immigrant and Hispanic communities noted certain state requirements
present hurdles to providing those community members services. Staff from that
team subsequently asked them to provide feedback and suggested edits to the
policy agenda. Those edits are redlined and highlighted in yellow, and represent
a policy decision for the LRC to make around inclusion. Staff did tweak some of
their original proposed language to ensure consistency with other areas of the
LPA and operational needs.
3. Other Business
LRC Committee Minutes Date: August 28th, 2020 Time: 11:00 am – 12:00 pm Location: Zoom Webinar - https://zoom.us/j/91427017880 Councilmembers Present: Ross Cunniff, Susan Gutowsky Staff Present: John Duval, Tyler Marr, Honore Depew, Michelle Finchum, Lucinda Smith, John Phelan, Sierra Anderson Approval of November 5, 2019 Minutes
• Gutowsky motioned for the approval of the November 5, 2019 minutes. Minutes were approved unanimously. Colorado Community for Climate Action CC4CA Policy Agenda
• Staff (Finchum/Phelan/Smith) believe the statement is still in line with City’s perspective and notes the document is shorter and clearer compared to prior years. The changes made include minor word adjustments and the introduction of resilience throughout the document.
• Gutowsky motioned that LRC find staff’s interpretation of CC4CA’s policy agenda is consistent with the 2020 policy agenda. Further stated that LRC supports the CC4CA policy agenda. Motion approved unanimously. Other Business:
• Marr – Plans to line out a schedule for the fall calendar (2-3 meetings typically). Staff will review last year’s policy agenda and make changes to the document to reflect the legislation passed during the year. A combination of operational changes and Council direction will also be reflected. The LRC will meet and review the staff edits after Sept. 11th.
• Cunniff – Request for staff to review other business and public comment related to the protests in Portland and Black Lives Matters movement to see if there are LRC related topics to address.
• Cunniff – Questioned the strategy for the legislative breakfast during the current remote environment. Expressed support for a video conference or virtual meeting. Marr agreed that a virtual meeting would be better and that staff would contact legislators to inquire about a date.
• Marr – Stated staff will discuss and determine an option regarding the point of adoption of the policy agenda, likely in late November or early December.
2021
City of Fort Collins
Legislative Policy Agenda
ADOPTED DECEMBER 3, 2019
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TABLE OF CONTENTS
Home Rule and Local Control .................................................................................................... 6
Affordable Housing .................................................................................................................... 7
Air Quality .................................................................................................................................. 7
Beer and Liquor .......................................................................................................................... 8
Broadband and Cable .................................................................................................................. 8
Climate ........................................................................................................................................ 9
Development Review and Land Use Planning ......................................................................... 10
Elections ................................................................................................................................ 1110
Energy ....................................................................................................................................... 11
Finance .................................................................................................................................. 1211
Hazardous Materials Management ....................................................................................... 1312
Health Care ............................................................................................................................... 13
Human Resources ................................................................................................................. 1413
Immigration and National Border Conditions .......................................................................... 14
Marijuana .............................................................................................................................. 1514
Municipal Court .................................................................................................................... 1615
Oil and Gas ........................................................................................................................... 1615
Open Records and Data Management ................................................................................... 1716
Parks and Natural Areas ........................................................................................................ 1816
Public Health ......................................................................................................................... 1817
Public Safety ......................................................................................................................... 1918
Recycling and Solid Waste Reduction .................................................................................. 2119
Risk Management and Liability ............................................................................................ 2220
Transportation ....................................................................................................................... 2220
Urban Renewal and Downtown Development ..................................................................... 2321
Water, Wastewater, and Stormwater .................................................................................... 2422
City of Fort Collins Legislative Contacts ............................................................................. 2524
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INTRODUCTION
Fort Collins is a community of approximately 175,000 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 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.
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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 Ross Cunniff, Chair
• Councilmember Ken Summers
• Councilmember Susan Gutowsky
LEGISLATIVE REVIEW PROCESS
In 2021, the City of Fort Collins will rely heavily on the Legislative Policy Agenda,
the Colorado Municipal League, and the Colorado Communities for Climate Action
organizations 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. The City influences both groups’ policy
agendas, and while not perfectly consistent with our own, both generally advance
and protect the City’s interests.
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
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
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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.
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2020 2021 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 supports changes that lessen) the burdens
and limits on municipalities associated with public or other government records,
public meetings and 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.
8. Supports potential legislation to clarify when an email exchange among elected
officials constitutes a “meeting” subject to the requirements of the Colorado
Open Meetings Law, including possible identification of a safe harbor within which
elected officials can communicate by electronic mail without constituting a
meeting in order to preserve and enable the use of this effective and now
common-place technology within appropriate transparency requirements and
other reasonable limitations.
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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.
Therefore, the City:
1. Supports maintaining or enhancing 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.
5. Supports exploring expansion of Mobile Home Act to address rent pad stabilization,
transparency in utility billing, and other livability issues.opportunities for resident
or mission-based affordable housing providers to purchase parks when offered for
sale.
6. Supports consideration of allowing inclusionary zoning ordinances to regulate the
construction of new rental housing.
7. Supports funding and regional support for homelessness prevention, housing
coordination and placement, and supportive services to assist with housing
retention.
6.8. Supports the development of a statewide disparity study to assess the impacts
of systemic racism on multiple indicators, e.g., housing affordability, social
inclusion and economic opportunity, educational attainment, mental and physical
health, and more.
AIR QUALITY
ENVIRONMENTAL HEALTH
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The City’s Air Quality Plan reiterates the adopted City Plan establishes a strong
overall goal goal mission “to protect human healthy and the environment through
continuous improvements in “continually improve Fort Collins air quality.”
Therefore, the City:
1. Supports programs and policies that improve public health and air quality,
including and support rapid attainment of National Ambient Air Quality Standards,
for including ozone.
2. Supports local government authority to improve air quality beyond minimum State
or Federal requirements.
2.3. Supports implementation of expanded air quality monitoring programs.
3.4. Supports adequate authority and resource at all levels of government to
enforce air quality regulations.
4.5. Supports economic incentives, disincentives and other market approaches that
promote lower emissions and and zero emission alternatives to carbon-based fuels.
5.6. Supports strengthening vehicle emission and fuel economy efficiency
standardsstandards for all vehicles, including. Supports programs and policies that
promote the use of zero and low emission electric vehicles (e.g., electric) and the
development of infrastructure needed to support the use of those vehicles.
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.
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
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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 (PEG) programming, and to charge
franchise and PEG fees to support local programming and compensate for the use
of rights-of-way.
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.
6. Supports revisions to the Colorado Open Meetings Law to allow local jurisdictions
that provide or arrange for telecommunications services or facilities to authorize
executive sessions for discussion of matters pertaining to competition in the
provision of telecommunication services and facilities (such as matters subject to
negotiation, strategic planning, pricing, sales and marketing, and development
planning), along with any other conforming statutory changes.
CHILDCARE
ECONOMIC HEALTH, NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH
The City of Fort Collins recognizes the criticality of quality, affordable and accessible
childcare for families and businesses in the community. The City’s role is to help
reduce barriers, increase capacity, leverage assets, identify and respond to childcare
needs, and lead by example as an employer.
Therefore, the City:
1. Supports programs and policies that improve the severe shortage of childcare
openings with licensed providers.
2. Opposes regulations that increase the complexity and cost of childcare services,
when those mandates are not clearly benefiting the health and safety of children.
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3. Supports increased funding for early childhood education.
4. Supports workforce development in the early care and education field, including
scholarships, training programs and simplified credentialing processes.
5. Supports increased and sustainable public subsidization of childcare costs, including
proposals to support living wages for providers and those that reduce the cost burden
on families.
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, gathering of
data to support greenhouse gas inventories, and implementation at all levels of
government.
2. Supports market-based and regulatory mechanisms to reduce emissions, including
incentives, enabling legislation, regulations 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.
2.4. Supports policies that put people at the center of decision-making, minimizing
disparities in growing the clean economy, especially for historically marginalized
communities, and enhancing equitable outcomes for all.that ensure no single
population is disproportionately burdened by efforts that increase or improve the
use of new energy sources and technologies.
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:
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1. Supports local governments’ ability to obtain 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 standards, procedures, and timelines.
4. Encourages regional cooperation in land use, transportation planning, utility and
water resource planning, and fostering 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.
6.7. Supports retaining and/or increasing local authority related to the siting,
design and regulation of wireless telecommunication facilities, including both
small cell and macro sites.
ELECTIONS
HIGH PERFORMING GOVERNMENT
The City of Fort Collins conducts municipal elections in April of odd years and special
elections as required by the citizen (or Council) initiative process. 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.
3. Supports mechanisms to decrease election tampering, through increased cyber
security around election data and the election processes., and any decrease in
election tampering.
4.3.
ENERGY
ECONOMIC HEALTH, ENVIRONMENTAL HEALTH
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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.
Supports reductions in environmental damage caused by energy extraction and
production
2. Supports opportunities for energy efficiency, production, and operation in local
economies.
3. Supports initiatives to facilitate transition from natural gas and petroleum use to
beneficial electrification for thermal and transportation needs.
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.
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 energy production.
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:
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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 and authority 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
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. Support City’s ability and authority to review and approve locations of facilities
that use or store hazardous materials or hazardous waste.
HEALTH CARE
NEIGHBORHOOD LIVABILITY & SOCIAL HEALTH; ECONOMIC HEALTH; HIGH PERFORMING
GOVERNMENT
The City recognizes that the rapidly increasing cost of health care and health
insurance is a barrier to real wage growth, equitable health outcomes, and economic
gains among many residents of Fort Collins. The City further recognizes that
employer-sponsored health care and varying state regulations that are not consistent
across the United States have resulted in the system we have today.
Therefore, the City:
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1. Supports health care policy that provides single-payer, not-for-profit health care
to all residents.
2. Supports the portability of health care plans across employers and state-lines.
3. Supports health care policies that end the practice in the United States of
employers being the primary source of health insurance for citizenresidents.
4. Supports policies that allocate costs to individuals and their families proportional
to their ability to pay.
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 meaningful, equitable
fair, market-based, and competitive. The City believes that its residentscitizens,
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 and authority 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 the development and expansion to the City’s ability to determine how
best to manage employee health and benefit programs.
3. Supports current state funding levels for police officers’ and dispatchers’ death
and disability benefits made available by Fire & Police Pension Association of
Colorado.
4. Opposes proposals that would allow employees and/or retirees with defined
contribution or deferred 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 for
presence of alcohol or controlled substances or employees at work for impairment
due to consumption of alcohol, marijuana, or other controlled substances or to set
limits related to such testing.
IMMIGRATION AND NATIONAL BORDER CONDITIONS
NEIGHBORHOOD LIVABILITY & SOCIAL HEALTH; SAFE COMMUNITY; HIGH PERFORMING
GOVERNMENT
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The City recognizes that federal issues pertaining to civil rights at the United States’
borders and immigration law more broadly have wide impacts that can directly impact
the day to day life of Fort Collins residents. It can also impact those residents’
willingness and comfort with engaging with local public safety agencies and other key
service providers.
Therefore, the City:
1. Supports the humane treatment of persons who are detained by Immigration
Officials and the rapid resolution of legal proceedings to determine their status.
2. Supports a pathway to legal immigration into the United States that is sustainable
in the long term.
3. Supports regulations and laws that increase or mandate the use of E-verify by
employers.
4. Supports the 2011 ICE memorandum on “sensitive locations” limiting its immigration
enforcement actions and arrests at the following locations so as to preserve the
health, safety and education of all residents:
• Hospitals;
• Schools and scholastic bus stops (pre-schools, primary schools, secondary
schools, post-secondary schools, colleges and universities, and other
learning institutions such as vocational or trade schools);
• Churches, synagogues, mosques, or other institutions of worship, such as
buildings rented for the purpose of religious services;
• The site of a funeral, wedding, or other public religious ceremony; and
• Public demonstrations, such as a march, rally, or parade.
5. Supports regulations and laws that add wage and labor protection requirements
for workers currently excluded from minimum wages and overtime protections,
breaks, and mandatory rest days.
6. Support de minimus exemptions to Verification of lawful presence CO ST § 24-76.5-103
by adding a new section (3)(f) to the State law that exempts the City from following the
verification process “For any local public benefit that is valued at less than $500.00.”
7. Supports local control over how state funding for healthcare, affordable housing and
food security allocated to meet the needs of all residents and their families regardless of
immigration status.
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.
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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 or other
marijuana-related activities allowed under state law.
5. Supports further development of laws and regulations to stop the proliferation of gray
and black-market marijuana while coordinating re-scheduling of marijuana atwith
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
citizenresidents.
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.
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. [CA1]Fort Collins residents have expressed continuing concern
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about the human and environmentall health impacts from local oil and gas
operationsdevelopment, particularly from the hydraulic fracturing treatment used on
most Colorado wells[CA2]. Additionally, community members have expressed concern
over transported emissions from oil and gas operations outside of City limits have
been demonstrated tothat contribute to local ozone formation.
Therefore, the City:
1. Supports local authority to regulate oil and gas operations as granted in 2019
through Senate Bill 19-181, including which includes the ability to regulate
location, siting andthe siting of new developmentland and other surface impacts.
2. Supports state, federal, and academicscientific studies evaluating that evaluate
impacts of oil and gas operations on human health, the environment 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 State Severance Tax and Federal
Mineral Lease (FML) revenue to impacted jurisdictions so that they might address
impacts from resource extraction.
5. Supports collaboration with operators, state agencies and local governments on
the development of resourcesoil and gas development within and adjacent to
thewithin City’s Growth Management Area, the City’s Growth Management Area
and onfor City- owned properties such as open spacesopen spaces outside of City
limits.
6. Supports legislation that protects public health, safety, welfare, the environment
and wildlife resources in consideration of balances the rights of surface
landowners and mineral rights owner rightss, while protecting public health, safety
and the environment.
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
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.
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3. Supports cybersecurity efforts that protect the City, consumers, and infrastructure.
4. Supports data privacy regulations, prohibiting the sharing of residents’ data with
federal agencies without a court-authorized subpoena, warrant or other valid order to
ensure that local and state buildings, agencies and services are accessible and safe for
all people regardless of immigration status.
PUBLIC SPACEPARKS 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, trails, cultural centers, and engaging programs. Our
citizens residents and visitors enjoy a better quality of life, improved health, less crime a
higher quality of life, and a greater sense of community because of our the quality of
public spaces in Fort Collins.quality natural areas, parks and recreation programs.
Therefore, the City:
1. Supports maintaining or enhancing funding for parks, trails, forestry, horticulture,
natural areas, cultural centers, 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.
5.6. Supports programs and funding for equitable access to public space and services.
PUBLIC HEALTH
SAFE COMMUNITY; NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH
The City of Fort Collins strives to be a healthy, livable City that is 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. The City also supports primary prevention strategies to
reduce the injuries and deaths associated with gun violence.
Therefore, the City:
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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.
5. Supports legislation or regulatory efforts that restrict and better ensure the
prevention of firearm purchases of those individuals convicted of a violent criminal
offense and those who have been involuntarily committed to a mental institution
or are otherwise suffering from a severe mental condition.
6. Supports public health research and necessary funding related to the root causes
and effects of gun violence to better inform prevention strategies.
7. Supports legislation that greatly reduces or eliminates the incidence of smoking
and vaping. Specific measures may include the elimination of flavored vaping
cartridges, an increase in the legal smoking age, state-wide retail licensing for
tobacco and vaping products, and identical treatment of vaping and e-cigarette
products to traditional forms of tobacco.
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
citizenresidents 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, regardless of immigration status.
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 bilingual 911 provider.
4. Opposes increased 911 provider tariffs without clear documentation of cost needs.
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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. Opposes municipal liability for prisoners’ self-inflicted wounds while in police
custody or detention facilities.
8. Opposes efforts to undermine local control or enforcement of activities on public
property.
9. 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. 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. Opposes restricting any local jurisdiction from requiring the installation of fire
sprinklers.
12. 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. Supports efforts to reduce abuse and improper disposal of over-the-counter and
prescription drugs.
14. Supports exclusive digital communication networks for public safety personnel
during emergencies.
15. Opposes the reduction and loss of qualified immunity for government officials.
16. Opposes restricted standards related to use of force which exceed those of
established by the courts of the U.S. 10th Circuit or the United States Supreme
Court.
17. Supports increased reporting of crimes by refraining from inquiries about legal
immigration status unless such inquiry is pertinent to a crime; supports
continuation of non-restrictive U-Visa certification policies that allow victims of
crime to access important legal protections.
18. Supports continued use of body-worn cameras, protections for public recordings of
police, and the maintenance and reporting of such data that does not compromise
police operations or public safety.
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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, local hauler licensing and initiatives to reaching 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.
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 economic tools tax incentives for existing and new
businesses that provide end markets for recycled materials in support of a
domestic, circular economy.
10. Supports incentives and programs to encourage the use of compost, developing
end markets to help divert organic material from landfills (food and yard waste).
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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 offsets 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.
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.
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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 without adequate compensation for
ongoing maintenance.
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 all 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.
2. Opposes efforts to increase influence of non-City jurisdictions over the use of TIF within
City limits.
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3. Supports maintaining the ability of downtown development authorities to utilize the full
offering of tools and powers provided in the DDA Act.
4. Supports maintaining the ability of Urban Renewal Authorities to utilize the full offering
of tools and powers provided for in state statute.
WATER, WASTEWATER, AND STORMWATER
ENVIRONMENTAL HEALTH; SAFE COMMUNITY
The City operates a water utility, a wastewater utility, and a stormwater utility in a
financially sound, reliable, safe, and environmentally responsible manner. The availability of
adequate water supplies is critical to the City and is managed by the Water Supply and
Demand Management Policy, the Water Efficiency Plan, and other water-related codes,
rules, regulations, plans, and policies.
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 instream flows to preserve or improve the
natural environment, while protecting the integrity of Colorado’s appropriation doctrine,
protecting the City’s water supplies, and preventing injury to other water users. This
includes potential bills related to the authority for the City and others to pursue Water
Court-approved instream flow augmentation plans and similar mechanisms to preserve
and impose stream flows.
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 River and other
waterways impacted by natural disasters and human-caused events, including fires.
7. Supports enhanced municipal authority to protect and increase the flexibility and
resiliency of the City’s water supplies under Colorado’s appropriation doctrine, without
causing injury to other water users and without adversely affecting instream flows or the
natural environment. This includes potential bills related to treated water providers
being able to more easily share treated water supplies between their distribution
systems.
8. Supports reducing legal barriers and clarifying legal ambiguities related to water reuse
and greywater projects, while protecting the integrity of Colorado’s appropriation
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doctrine, protecting the City’s water supplies, and preventing injury to other water
users.
9. 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.
10. Supports the enlargement of Halligan Reservoir as a common-sense, cost-effective, and
environmentally-beneficial approach to meet Fort Collins Utilities’ future water supply
needs.
CITY OF FORT COLLINS LEGISLATIVE CONTACTS
Legislative Review Committee
Name District/Title Email Phone
Councilmember Ross
Cunniff, Chair
District 5 rcunniff@fcgov.com (970) 420-7398
Councilmember Ken
Summers
District 3 ksummers@fcgov.com (970) 221-6878
Councilmember Susan
Gutowsky
District 1 sgutowski@fcgov.com (970) 215-6308
Darin Atteberry City Manager datteberry@fcgov.com (970) 221-6505
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Kelly DiMartinoJeff
Mihelich
Deputy City Manager jmihelich@fcgov.comkdimar
tino@fcgov.com
(970) 416-28992028
Carrie Daggett City Attorney cdaggett@fcgov.com (970) 416-2463
Tyler Marr
Honore Depew
Legislative Staff tmarr@fcgov.com
hdepew@fcgov.com
(970) 416-4205
(970) 224-6094
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.co
m
(970) 416-2648
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 Michelle Finchum
Lindsay Ex
Interim
Environmental
Program Manager
Interim Housing
Manager
Mfinchum@fcgov.com
lex@fcgov.com
(970)416-2327
(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 decoldiron@fcgov.co
m
(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.c
om
jphelan@fcgov.com
(970) 416-2622 (970)
416-2539
Finance Mike
BecksteadTravis
Storin
Interim Chief
Financial Officer
mbeckstead@fcgov.c
omtstorin@fcgov.com
(970) 221-6795
Economic Health Josh Birks Economic Health
Director
jbirks@fcgov.com (970) 221-6324
Fire Protection
and
HAZMAT Mgmt
Tom DeMint Division Chief, Poudre
Fire Authority
tdemint@poudre-
fire.org
(970) 566-7274
Human Resources Teresa Roche Chief Human
Resources Officer
troche@fcgov.com (970) 221-6826
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Natural Areas,
Open Lands and
Cache la Poudre
River Issues
John Stokes Natural Areas
Director
jstokes@fcgov.com (970) 221-6263
Building Services Russ HovlandRich
Anderson
Chief Building Official rhovlandranderson@f
cgov.com
(970) 416-23412748
Planning and Land
Use
Tom LeesonPaul
Sizemore
Interim Community
Development and
Neighborhood
Services Director
tleesonpsizemore@fc
gov.com
(970) 221-6287224-
6140
Public Safety Greg Yeager Deputy Chief of
Police
gyeager@fcgov.com (970) 416-2185
Recycling and
Solid Waste
Susie
GordonCaroline
Mitchell
Environmental
Program Manager
cmitchell@fcgov.com
sgordon@fcgov.com
(970) 221-62886265
Risk Management Claire Goodwin Safety, Security, and
Risk Management
Director
(970) 221-6774
Stormwater Theresa Connor Water Engineering
Field Operations,
Deputy Utilities
Director
tconnor@fcgov.com (970) 221-6671
Transportation Dean Klingner Planning,
Development and
Transportation
Deputy Director
Dklingner@fcgov.com (970) 416-2029
Utilities Customer
Connections and
Water
Conservation
Lisa Rosintoski_ Customer
Connections, Deputy
Utilities Director
lrosintoski@fcgov.co
m
(970) 416-2432
Water Supply and
Quality
Carol
WebbTheresa
Connor
Water Resource and
Treatment
Operations, Deputy
Utilities Director
cwebbtconnor@fcgov.
com
(970) 221-6671231