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HomeMy WebLinkAbout1993-183-12/07/1993-LEGISLATIVE AGENDA 1994 RESOLUTION 93-183 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE CITY'S 1994 LEGISLATIVE AGENDA WHEREAS, state and federal legislation may impact the citizens of Fort Collins, affecting their quality of life; and WHEREAS, such state and federal legislation may influence the operations of municipal governments, including the City of Fort Collins; and WHEREAS, the City of Fort Collins has an interest in providing input on proposed legislation; and WHEREAS, Councilmembers and staff are asked to state the City's policy position on legislation; and WHEREAS, members of the Legislative Review Committee desire to be more effective in their reaction to state and federal legislation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That the policy statements contained in the attached 1994 Legislative Agenda accurately reflect the City's policy on these issues. Section 2. That the Council of the City of Fort Collins hereby adopts the 1994 Legislative Agenda attached hereto as Exhibit "A" and incorporated herein by this reference. Passed and adopted at a regular meeting of the City Council held this 7th day of December, A.D. 1993. Mayor ATTEST: City Clerk EXHIBIT A CITY OF FORT COLLINS' 1994 LEGISLATIVE AGENDA DECEMBER 1993 CITY OF FORT COLLINS LEGISLATIVE AGENDA TABLE OF CONTENTS City of Fort Collins Council........................................... pg. 1 Introduction............................................................... pg. 2 Fort Collins' Legislative Process....................................... pg. 2 Legislative Review Committee Members............................. pg. 3 1. Air Quality............................................................ pg. 4 2. Education.............................................................. pg. 4-5 3. Fire Protection....................................................... pg. 5 4. Hazardous Materials Management.............................. pg. 5-6 5. Home Rule............................................................ pg. 6 6. Investments........................................................... pg. 6-7 7. Minimum Subdivision Requirements........................... pg. 7 8. Municipal Utility Service Territory............................. pg. 7 9. Privatization.......................................................... pg. 8 10. Public Safety and Violence Prevention........................ pg. 8 11. Public Safety Pensions............................................. pg. 8-9 12. Recycling and Solid Waste........................................ pg. 9 13. Sales and Use Tax.................................................. pg. 10 14. Sovereign and Governmental Immunity....................... pg. 10 15. Special Improvement Districts................................... pg. 11 16. Transportation....................................................... pg. 11 17. Vacation of Obsolete Subdivisions.............................. pg. 11 18. Water and Wastewater Utility Services....................... pg. 12-13 19. Worker's Compensation.......................................... pg. 13 CITY OF FORT COLLINS Fort Collins is located next to the Rocky Mountains in northern Colorado, 60 miles north of Denver. The population of the City is approximately 98,000 with a land area of 33 square miles. The town of Fort Collins was incorporated by an order of the Board of County Commissioners of Larimer County, Colorado on February 3, 1873. The present Charter of the City of Fort Collins, establishing the Council-Manager form of government, was adopted by the electors of the city on October 5, 1954. COUNCIL OF THE CITY OF FORT COLLINS - 1994 Mayor Ann Azari - At-Large Mayor Pro Tem Gerry Horak - District 6 Council Member Alan Apt - District 5 Council Member Gina Janett - District 1 Council Member Chris Kneeland - District 4 Council Member Bob McCluskey - District 3 Council Member Bob Winokur - District 2 1 INTRODUCTION 1994 LEGISLATIVE AGENDA The City of Fort Collins' 1994 Legislative Agenda identifies issues of importance to the City of Fort Collins. The Agenda expresses policies and positions on issues which affect the quality of life and the governance of our community. This Agenda has been adopted by the full Council, and we offer this Agenda to our Legislators as a guideline when considering legislation which impacts Fort Collins. The issues identified have historically been addressed by the General Assembly and may also apply to some federal legislation. The policy statements in the 1994 Agenda were developed in advance of the 1994 General Assembly, and are necessarily very broad and are not all- inclusive. The City will continue to contact Legislators regarding City positions on specific bills throughout the 1994 legislative session. We encourage Legislators to contact Fort Collins City Council Members and staff should they have any questions on our policy positions. FORT COLLINS LEGISLATIVE PROCESS Legislation which impacts the City will be reviewed by the City's Legislative Review Committee, and compared with the City's Legislative Agenda. The Legislative Review Committee is a small, representative group of Council members that analyze proposed legislation and express City policy in reaction to the legislation. Legislation which cannot be compared to previous City policy is referred back to the full Council for consideration before any position is taken. The Council members presently serving on the Legislative Review Subcommittee are Council Member Chris Kneeland, Chair of the Legislative Review Committee, Mayor Ann Azari and Council Member Alan Apt. The Committee is supported by City staff with expertise in various technical areas. The City works closely with the Colorado Municipal League on all legislative items. 2 LEGISLATIVE REVIEW COMMTTTEE MEMBERS Council Members Chris Kneeland LRC Chairperson (303) 221-6505 Alan Apt Council Member 221-6505 Ann Azari Mayor 221-6505 Staff Members Eric Brecke Transportation Planner II 221-6606 Jerry P. Brown Assistant to the Director of Cultural, Library 221-6350 and Recreational Services Pete Dallow Director of Administrative Services 221-6797 Molly Davis Deputy City Clerk 221-6516 Susanne Edminster Financial Policy Analyst 221-6784 Stewart Ellenberg Risk Manager 221-6774 David Feldman Division Commander (Police) 221-6556 Tom Gallier Technical Projects Manager (Water/Wastewater) 221-6286 Warren Jones Fire Marshal 221-6570 Alan Krcmarik Finance Director 221-6788 Bob Nastan Construction & Services Manager (Light & Power) 221-6724 Tom Peterson Planning Director 221-6751 Andrea Rieger Assistant to the Dir. of Administrative Services 221-6796 Steve Roy City Attorney 221-6520 Jon Ruiz Streets Supervisor 221-6754 Tom Shoemaker Natural Resources Director 221-6263 Michael Smith Water/Wastewater Utilities Director 221-6681 Brian Woodruff Environmental Planner 221-6604 3 AIR QUALITY The Fort Collins City Council's adopted air quality goal is "To continually improve Fort Collins air quality as the city grows." Adopted air quality objectives are to: - Reduce the growth of total vehicle-miles of travel. - Reduce tailpipe emissions per mile from motor vehicles. - Reduce emissions from commercial and industrial sources. - Reduce wood smoke emissions. - Reduce the number of non-certified wood stoves and conventional fireplaces. - Increase individual actions to reduce exposure to indoor air pollution in homes and work places. The following policy statements, excerpted from the City's March 1993 Air Quality Policy Plan, inform the City's participation in air quality legislation: The City opposes any action of the State Legislature that restricts local government authority to improve air quality beyond minimum State requirements, even as the City supports legislation to strengthen the vital role of Colorado state government in improving air quality. The City supports legislation to assure that the State and County Health Departments have adequate responsibility, authority, and resources (funding and personnel) to enforce regulations adopted by the Colorado Air Quality Control Commission, and - The City supports legislation to assure the fullest possible enforcement of federal, State, and County air quality regulations. The latter two policies arise in part because the City does not enforce State regulations on stationary air pollution sources, but rather continues to rely upon the Colorado and larimer County Health Departments to assure that local sources comply with Colorado Air Quality Control Commission regulations. EDUCATION The Fort Collins City Council recognized that a well maintained and funded educational system is critical to economic vitality and the continued health of the community. Therefore, the Fort Collins City Council supports the following policy statements: Support legislation for additional educational funding for K-12 and higher education. 4 Support the development of reliable and fair funding mechanisms that are real additional dollars and are not regressive; such as, graduated income taxes or impact fees, etc. Support the consideration of other viable funding options. FIRE PROTECTION The Fort Collins City Council recognizes the critical importance of maintaining a safe environment and protecting the lives and property of the citizens of Fort Collins from fire. Therefore the Fort Collins City Council supports the following policy statements: - Support legislation adopting a State fire code, the code of choice being the Uniform Fire Code, which establishes a State minimum standard for fire code enforcement in existing and newly-constructed structures. Permit local option for municipalities to impose more restrictive standards. Support legislation that allows the City to continue prohibiting the use and sale of all fireworks and support legislation that allows counties and fire districts to prohibit and/or otherwise control fireworks. HAZARDOUS MATERIALS MANAGEMENT It is an important concern of the City to safeguard Fort Collins' health and environmental safety by reducing risks from the unauthorized release of hazardous materials or hazardous waste. Therefore, the Fort Collins City Council supports the following policy statements: Support legislation that allows the City to continue controlling risks from hazardous materials use and storage through the adopted editions of the Uniform Building and Fire Codes and related local amendments. - Oppose legislation that restricts the City's ability to review and approve the location of facilities that use or store hazardous materials or hazardous waste. Support legislation to require that air toxics be included in air pollution emission notices (APENs) reporting. - Support legislation requiring environmental impact and health risk assessments to be prepared, and receipt of a Certificate of Designation (CD) from counties or municipalities, to establish new hazardous waste incineration facilities. 5 Support legislation to encourage pollution prevention programs (PPP) as preferred hazardous materials and hazardous waste management strategies. Support legislation that strengthens the enforcement of state hazardous materials regulations. Oppose legislation that restricts the City from adopting local strategies for hazardous materials and waste reduction. Support legislation requiring a review of the Boiler and Industrial Furnace (BIF) regulations. Support legislation restricting the State or Federal governments' purchase of cement that is manufactured at facilities where hazardous waste is burned as fuel. HOME RULE The City of Fort Collins is a home rule municipality. We strongly believe in the importance of Article XX of the Colorado Constitution which grants home rule municipalities "full right of self-government in local and municipal matters." Home rule is of utmost importance to the City of Fort Collins, and is a concept that the City generally fights strongly to protect. The Fort Collins City Council believes that the principle of home rule authority affords the citizens of Fort Collins greater access to local government and greater opportunity for participation in and contribution to the decision making process, thereby enhancing the quality of life in the community and the ability of local government to respond to the needs of its citizens. Therefore, the Fort Collins City Council supports the following policy statements: - Support legislative efforts to strengthen home rule authority of local municipal governments. Oppose legislation that mandates State or federal intercession in matters of local concern and which unnecessarily or adversely affects the City's ability to manage pursuant to its home rule authority. INVESTMENTS The Fort Collins City Council adopted investment policies to be used by the City of Fort Collins. Those policies are reviewed and updated periodically to ensure the City is able to maintain the quality of its portfolio, control liquidity, and maximize earnings. 6 Therefore, the Fort Collins City Council supports the following policy statements: - Support legislation designed to protect the investments of government entities. Oppose any legislation that would require municipalities to participate in pooled trusts. Oppose restrictions on the City's ability to determine its own investment policies. MINIMUM SUBDIVISION REQUIIM%IENTS The City of Fort Collins supports comprehensive land use planning for areas outside its boundaries because it may eventually annex such areas. land use planning in unincorporated areas is important because of development which affects City services, transportation facilities and future plans. Currently, lots of 35 acres or more are exempt from County review. Therefore, the Fort Collins City Council would support legislation which would allow the County to review all subdivisions of 35 acres and larger. MUNICIPAL UTILITY SERVICE TERRITORY Cities and towns provide a number of services to their citizens as directed by the local electorate. These services can include the provision of electricity through a municipally owned and operated utility. As new areas are annexed, the citizens should have the right to the same services as provided to other citizens. Through local elections, those citizens have the ability to determine how and what type of service they receive. Federal or state preemption of this right deprives citizens of their ability to choose. In Colorado, existing law provides compensation to a utility that may lose electric load through annexation. Additionally, the citizens of a city may determine that competing electric utilities are acceptable, or the citizens may have an election to grant a franchise to another utility. Therefore, the Fort Collins City Council supports the following policy statements: - Support efforts that allow citizens to determine the level and extent of municipal services they will receive thus preserving the home rule authority of local municipal governments. Oppose efforts that limit either municipal rights to annexation or the ability to provide municipal utility services to any of its citizens. 7 PRIVATIZATION The City of Fort Collins spends approximately fifty-eight percent of its budget on outside contracts for goods and services. This level of privatization has given the citizens of Fort Collins good quality and cost efficiency for many years. The Fort Collins City Council supports the following policy statements: Support provision of services through private enterprise when in the public good. Support local control of the awarding of contracts and the accountability of local officials for those actions. - Oppose mandates that increase the complexity and cost of service without improving those services. PUBLIC SAFETY AND VIOLENCE PREVENTION The Fort Collins City Council recognizes the critical importance of maintaining public order, providing a safe environment, and protecting the lives and property of the citizens of Fort Collins. The City Council is particularly concerned with the issue of violence, particularly youth violence, in the community and has adopted this matter as one of its policy agenda items. Therefore, the Fort Collins City Council supports the following policy statements: Support legislation which has the potential of reducing incidents of violence in the community, with special attention to legislation directed towards escalating youth violence. - Support legislation which impacts youth violence problems through the development of treatment and intervention programs. Support legislation which provides greater protection to victims of domestic violence. PUBLIC SAFETY PENSIONS The Fort Collins City Council recognizes police officer and firefighter pension, death and disability benefits are unique and are jointly funded by the state and local governments. Changes in state funding levels for these benefits may affect the City's ability to provide public safety services and place new financial burdens on the City. 8 Therefore, the Fort Collins City Council supports the following policy statements: Oppose legislation that reduces current state funding of these benefits or shifts funding to local governments beyond current proportions. RECYCLING AND SOLID WASTE Waste collection and recycling responsibilities in Fort Collins are shared by private businesses, the City of Fort Collins, and Larimer County. Solid waste and recycling collection services are provided by private businesses in Fort Collins. Private haulers deliver waste to the Larimer County Landfill, which is owned jointly by Larimer County, the City of Fort Collins, and the City of Loveland. The majority of collected recyclables are delivered to the Larimer County Recycling Center which is owned by Larimer County and operated by a private company. The City of Fort Collins regulates the operations of private trash haulers through licensing requirements which include a mandate to provide recycling collection service to both the residential and commercial sectors. In addition, the City provides a variety of public information and outreach programs to encourage recycling in the community. The City of Fort Collins supports legislation to: - Develop an integrated waste management plan for Colorado that emphasizes, in priority order, waste reduction, reuse, and recycling. - Provide incentives and funding for efforts by local government and private enterprise to promote waste reduction, reuse, and recycling. - Encourage procurement of products made from recycled materials by federal, state, and local government. - Expand state and regional markets for materials collected in local recycling programs. - Broaden the regulatory authority of local government to ensure the efficient collection and processing of recyclable materials and solid waste. The City of Fort Collins opposes legislation to: - Limit the ability of local government to regulate the activities of private waste or recycling collectors to ensure the provision of efficient solid waste and recycling services. - Limit the ability of local government to provide waste or recycling collection or processing services to citizens. 9 SALES AND USE TAX The City of Fort Collins levies, administers, and collects its own sales and use taxes under its home rule authority. Sales and use taxes comprise 57% of General Fund revenues and these revenues would decrease dramatically if the City were forced to adopt the much narrower State sales tax base and revert to central, State collection of revenues. In addition, the State would pass revenues to the City forty-five days in arrears of collection which would mean further lost revenue from investment earnings. Therefore, the Council of the City of Fort Collins supports the following policy statements: - Support legislation that maintains local control over base, rates, collection and administration of sales and use taxes. Support cooperative efforts of State, business, and municipal entities to simplify sales and use tax collection. Support cooperative audits by governmental agencies of major taxpayers to provide better customer service and minimize disruption to business. SOVEREIGN AND GOVERNMENTAL E%DJUNITY The Fort Collins City Council recognizes that the complexity and diversity of City operations and services required to meet the needs of the citizens of Fort Collins may expose the City and its officers and employees to liability for damage and injury. The Council further recognizes that City officers and employees must be confident that they have the City's support in the lawful and proper performance of their assigned duties and responsibilities. Therefore, the Fort Collins City Council supports the following policy statements: - Support legislation that protects the interests of municipalities and their officers and employees in the lawful and proper performance of their duties and responsibilities. - Support legislation that discourages baseless and frivolous claims and demands that can be made against municipalities and their officers and employees. Oppose legislation that expands or increases municipal liability, or, conversely, further limits municipal immunity. 10 SPECIAL IMPROVEMENT DISTRICTS The City of Fort Collins intends to maintain special improvement districts as a viable financial tool for needed infrastructure improvements. It provides adequate and accurate disclosure to investors purchasing special assessment bonds. The Council of the City of Fort Collins supports the following policy statements: Support the ability of local government to create special improvement districts. - Support legislation that facilitates the collection of delinquent assessments and strengthens or maintains the lien position of those assessments. Support legislation that enables lienholders to foreclose special assessment liens quickly and reduce carrying costs. Support any reduction in the complexities of obtaining clear title to properties acquired through the Treasurer's Deed process. TRANSPORTATION The City of Fort Collins is actively interested in the issue of transportation, and encourages the use of alternative transportation whenever appropriate. The Fort Collins City Council supports the following policy statement: Support legislation to fund planning studies for passenger rail/transit. VACATION OF OBSOLETE SUBDIVISIONS Many states in the west allow local governments to vacate obsolete plats and subdivisions that do not meet current planning and development standards. Colorado does not. Generally obsolete is defined as follows: a) platted at least a decade ago, b) does not meet current planning standards, and c) is either substantially undeveloped or threatens public health and safety based on conditions not known at the time of final plat approval. Additionally, a subdivision could be considered obsolete if a developer has breached a development agreement with the local government. Obsolete would not include vested rights. The Fort Collins City Council would support legislation which would allow jurisdictions to vacate obsolete plats and subdivisions, where appropriate. 11 WATER AND WASTEWATER UTILITY SERVICES The Fort Collins City Council recognizes the critical importance of maintaining water and wastewater utility services in a financially sound, reliable, safe, and environmentally acceptable manner. The City supports legislative measures to further this goal. Since Fort Collins' Water and Wastewater Utility is governed by City Council, an elected board, it is important to maintain the greatest degree of local control over planning and operation. To that end, it is important to minimize legislative and regulatory impacts on the operations of the utility, thereby allowing local government to act in its own best interests. As a business, it is necessary to maintain and enhance the utility's competitive advantage. Furthermore, it is also important to balance economic growth with quality of life, including protection of the environment. Therefore, the Fort Collins City Council supports the following policy statements: General - Support legislation that reasonably limits liabilities of the Water and Wastewater operations. - Support legislation that maintains state primacy over federally mandated water and wastewater environmental regulatory programs. - Support water quality legislation that results in reasonable water quality control regulations that are cost effective and can show identifiable benefits. - Support legislation that would require election of directors for water conservancy districts. Water Support water conservation legislation that maximizes local control and takes into consideration local plans in place and water conservation activities which reflect local conditions. Support legislation which limits the federal government's ability to affect water rights other than through procedures established under Colorado's appropriation doctrine. Support adequate state and federal funding of mandated programs under the Safe Drinking Water Act. Oppose any drinking water legislation or regulations that are not founded on sound and comprehensive scientific research. 12 Oppose any drinking water legislation or regulations which do not consider the potential impact of the proposed legislation or regulation on other contaminants and contaminant removal processes. Wastewater - Support adequate state and federal funding of mandated programs under the Clean Water Act. - Support water quality legislation which provides states with more flexibility to tailor federal legislation and regulations to local conditions. - Oppose any clean water legislation or regulations that are not founded on sound and comprehensive scientific research. - Oppose any clean water legislation or regulations which do not consider the potential impact of the proposed legislation or regulation on other contaminants and contaminant removal processes. WORKERS' COMPENSATION The City of Fort Collins City Council recognizes the dual purpose of the workers' compensation system - providing benefits promptly to injured employees in a 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, City Council supports the following policy: - Support legislation that improves administrative efficiency of the Division of Workers' Compensation. - Analyze legislation that increases insurance premium costs to employers to determine if proposed legislation should be opposed or supported. - Oppose legislation that would add administrative burdens or taxes to self insurance programs. - Oppose legislation that would promote litigation. 13