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HomeMy WebLinkAbout2001-001-01/02/2001-ADOPTING THE CITY'S 2001 LEGISLATIVE AGENDAC RESOLUTION 200 1-1 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE CITY’S 2001 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 2001 Legislative Agenda accurately reflect the City’s policy on these issues. Section 2.That the Council hereby adopts the 2001 Legislative Agenda attached hereto as Exhibit ‘A’and incorporated herein by this reference. Passed and adopted at regular meeting of the Council of the City of Fort Collins this 2nd day of January,A.D.2001. ATTEST: City Clerk r tr City of Fort Collins 2001 Legislative Agenda City of Fort Collins Draft December 26,2000 r City of Fort Collins 2001 Legislative Agenda Executive Summary Part ‘1 Support ••Involvement by state and federal governments in order to maintain current levels of MUD funding. Amendment of State rent control statute to exelu4e-afferdable housing_exemPt rent cordials imposed for tie purpose olmaintaining the affordability of housing, Oppose •:.Legislation that limits our ability to generate alternative sources of funding,especially through public-private partnerships. +Legislation that limits the City’s ability to regulate and manage affordable housing ssues. Support AIR QUALITY State and Federal standards that improve air quality and public health protection. •.Encouragement of regional planning efforts •.The ability of County and State Health Departments to have a the responsibility,authority and resources necessary to enforce regulations adopted by the Colorado Air Quality Control Commission +Enforcement of County,State and Federal air quality regulations +Using economic incentives and disincentives,removing hidden cost subsidies to motor vehicle users etc.in order to facilitate the reduction of vehicle miles traveled. +Inspection/maintenance legislation that contributes to the reduction of tailpipe emissions per mile and helps prevent total vehicle emissions from increasing after the year 2000 without unreasonable compliance costs. +More stringent tailpipe standards +Establishment of equal standards for cars,light trucks and sport utility vehicles +Fuel neutral standards for gasoline and diesel that decrease sulfur content of fuels and that promote advanced low emission vehicle technology +Increased fuel efficiency of motor vehicles +Increased energy efficiency and use of renewable energy resources (excluding residential woodburning) +Pollution prevention measures +Colorado’s self-audit law Oppose +Restricting local governments authority to improve air quality beyond minimum state or federal requirements +Adoption of standards that weaken current air quality standards. Support CULTURAL SERVICES Funding forcultural services for the education,entertainment and enrichment of the community. +The creation and presentation of the arts. •:~Strengthening the role of culture and the arts in our educational system. +Preserving our cultural heritage •.Public access to and awareness and appreciation of the arts. Support EDUCATION <•Funding for K-12 and higher education Fair funding mechanisms (progressive measures)that provide real dollars and are not regressive +Consideration of other viable funding options +Legislation that provides for the local option to impose school impact fees. ENVIRONMENTAL QUALITY Support +Flexible application of financial resources +Local efforts to plan and regulate the interrelationships of land use,transportation and air quality. Oppose +Preemption of local authority to adopt environmental and land use ordinances. Restriction of local government environmental and land use authority now authorized by the Colorado Constitution. Support FEDERAL BUDGET +Equitable review and treatment of all federal programs during the budget process. +Critical review and updating of federal tax expenditures. +Postponement of tax cuts until federal budget is balanced and responsible funding levels for social security and Medicare are resolved. +Direct federal to local funding for high priority local needs. +Balanced budget and reduction of national debt. Oppose +Federal budget cuts that result in higher burdens being placed on cities and towns. +Converting local assistance to state or federal control AFFORDABLE HOUSING Federal Budget Oppose r ( HOME RULE •:~Altering accounting,procedural or budget rules in place of actual ‘~~‘deficit reduction Support FINANCE Maintaining existing and providing additional financing methods for local government to support provision of municipal services. Public and private economic development efforts that are consistent with the City’s economic development policies (benefits should be shown to exceed costs). +Equitable policies among taxing jurisdictions when offering financial incentives to business. +Removal or modification of key provisions of Article X,Section 20,that inhibit public entities to receive and retain user fees for services that residents and customers desire. •~Equitable tax treatment of sales and use taxes to residents and corporations residing or doing business in cities and towns whether the transaction is made electronically,or by mail. Oppose •>State mandated reductions to property tax structure without specific revenue replacement provisions.The tax base must be as broad as possible and that exemptions be extremely limited. +Reduction of City’s sales and use tax revenue base ••Limitations on the use of franchise fees and user charges for businesses that conduct business within public rights of way. Support FIRE PROTECTION +A minimum standard for fire code enforcement in existing and newly constructed structures (Uniform Fire Code should be 1997 or later). •.Municipalities imposing more restrictive standards for fire code enforcement. •~Municipal,county and fire district control regarding the prohibition and of use and sale of all fireworks. ••Fire safety education that leads to the prevention of injury,loss of life and property damage. HAZARDOUS MATERIALS MANAGEMENT Support +Municipal control of risks associated with the use,storage,and transportation of hazardous materials. •.Environmental impact assessments,health risk assessments and receipt of a Certificate of Designation from counties or municipalities,to establish new hazardous waste incineration facilities. +Pollution prevention programs +Enforcement and strengthening of state hazardous materials regulations. Oppose +Restricting the City from adopting local strategies for hazardous materials and waste reduction. •.Restricting the City’s ability to review and approve the location of facilities that use or store hazardous materials or waste. Support +Strengthening home rule authority of local municipal governments. Oppose +Mandating state or federal intervention in matters of local concern +Limiting the City’s ability,as a home rule municipality,to regulate the possession or use of firearms or other deadly weapons. INVESTMENTS Support +Protection of investments by government entities. +Adequate investment disclosure. Oppose Requirement of municipalities to participate in investments that do not meet the objectives set fort in the City’s policies. +Any restrictions on the City’s abilities to adopt its own investment policies. LIBRARY SERVICES Support +Providing library services to people of all ages,abilities,income levels and ethnicity. +Intellectual freedom and access to information. +Funding library services +Providing children and adults with the skills they need to read to proficiently and to use the information resources available in a modern,global information society. +Enhancement of the City’s ability to provide library services for the interest,information,enlightenment and lifelong learning. ELECTRIC SERVICES &UTILITY Net Metering Support +Net Metering legislation that addresses safety,cost recovery and proper energycreditas a way to promote renewable energy. Support Municipal systems retaining the flexibility to establish restructuring rules if necessary. +Furthering the development of competitively effective wholesale markets. +Protecting consumers (residential,low income,fixed income, small business and small agricultural customers)from adverse rate effects and the inability to participate in a restructured market. +Comprehensive enforcement mechanisms to prohibit power suppliers from engaging in unfair trade and marketing practices. +Licensing requirements for new electric suppliers. +Rates being established on cost-based principles determined by the local governing body. 2 r NAC.AL AREAS &OPEN LANDSRetailWheelingSupport cont Aggregation programs so smaller power providers can have effec~ive buying power. Full recovery of costs associated with distribution of electric power. ••Taxes and fees on electric services that have been affected by retail restructuring (bundled or unbundled). •.Municipal utilities determining the nature and amount of any standard costs or benefits from retail restructuring. ••All industry sectors adhering to same requirements concerning open meetings and public records. ••Alli suppliers must maintain sufficient capacity to meet peak demands and adequate reserves as required under current laws,regulations and reliability standards. Establishing a regional lsansmission organization before retail reslaicluring is implemented. <.The municipal utility retaining the right to meter and bill customers,investigate and claim recovery for energy diversion and disconnect service for nonpayment. +All utilities having the opportunity to offer value-added products and services. +Retail restructuring legislation that has an “effective date”. +Municipal Utilities have the right to determine costs charged to the consumer and the extent to which municipal utilities must supply service to distribution customers. •.The General Assembly providing programs to financial assist low-income consumers,to educate consumers about the restructured electric market and provide retraining of utility employees for retail restructuring legislation. voluntary customer options to purchase rerewabte energy. +Current Colorado laws regarding utility compensation for territory transfers resulting from annexations. Regulated monopoly servioe for fransniission and distsibution functions. •.Municipal utilities being the provider of standard offer service to customers who do not choose an alternate power supplier. Oppose +Federal and/or state mandates requiring municipal utilities to implement retail restructuring. ••Interference with local decision-making ability. ••Exercise of market power. +Unfair trade and marketing practices. Support MUNICIPAL UTILITY SERVICE TERRITORY Allowing citizens the ability to determine the level and extent of municipal services they will receive. +Limiting a municipality’s right to annex or to provide services to any of its citizens. Support +Tax incentives for voluntary land conservation by private landowners. ••Additional funding for state and federal land conservation programs. +Federal adoption ol the Technical corrections Bitt for the cache Ia Poudre River condor Act. Oppose +Restricting local government environmental and land use regulatory authority. +Reducing the effectiveness of existing federal and state protection for wetlands,wildlife habitats,and other sensitive natural areas. Support OBSOLETE SUBDIVISIONS,VACATION OF +Review of all subdivisions up to 160 acres,by the County,to allow jurisdictions to vacate obsolete plats and subdivisions, where appropriate. Support PARKS &RECREATION Funding for parks,trails,forestry,horticulture and recreation services and facilities. +The Colorado Lottery and its current distribution of lottery proceeds +Great Outdoors Colorado and full funding for municipal government projects,with maximum local discretion regarding local needs and priorities. Partnerships that improve the provision of parks and recreation services and facilities to the community. ••Promoting programs for youth and at-risk teens and for persons with disabilities. Support PLANNING &LAND USE +Establishment of programs to remove barriers to effective local land use planning and land development. +Establishment of programs that promote intergovernmental or regional cooperation in land use planning and land development regulation. +A baseline of consistent and coordinated basic land use and transportation planning. Oppose +Limiting local government authority to regulate land development. +Extending the definition of a compensable taking beyond the provisions of existing court decisions and case law. +Limiting a municipality’s right to annex or to provide services to any of its citizens. +Broadening the definition of vested property right beyond the provisions of current state law. 3 PRIVATIZATIC Support a j•~rovjsion of services through private enterprise when in the public’s best interest. +Local control for awarding contracts Oppose +Mandates that increase the complexity and cost of service without improving those services. PUBLIC SAFETY &VIOLENCE PREVENTION Neighborhood_Resources Support +Local,state and national funding efforts for the provision of community-based mediation and other alternative dispute resolution services. +The expansion of mediation services. Community outreach and education efforts to provide effective conflict resolution and communication skills to citizens in need. +Collaborative efforts between City-sanctioned mediation services and youth-based dispute resolution programs. Oppose Police Services Support +Reducing incidents of violence especially youth violence. +Development of treatment and intervention programs for youth violence. +Greater protection for victims of domestic violence. +The City’s right to use camera radar and red-light camera to establish fines for traffic violations detected by its use. +Legislation that would amend state law relating to the issuance of concealed weapon permits so as to vest the authority with CBI at no cost to Ice municipality in wthich the applicant resides and all relatod cocts •.Financing of a statewide communications program. Oppose ••Programs that compromise officer’s safety,support drug use and do not have a proven track record in reducing drug abuse. •:•Limiting local access to State data banks/motor vehicle records for communities that do not comply with photo radar legislation. PUBLIC SAFETY PENSIONS Oppose •.Reducing the current state funding of these benefits +Shifting funding of these benefits to local governments beyond current proportions. Support C (CLING &SOLID WASTE ••Integrated waste management planning for local and regional communities. +Incentives and funding for efforts by local government and private enterprise •.Man4ate~y ‘buy recycled”for state procurement. +Expanding state and regional markets for materials collected in local recycling programs. +Broadening the regulatory authority of local government to ensure the efficient collection and processing of recyclable material and solid waste. Establishing a solid waste goal tip to 35%cr better for Colorado’s rate of diversion of its waste stream from landfill disposal. +State involvement regarding monitoring data on trash volumes and rates of diversion from landfill disposal. +Implementation of “pay as you throw”programs throughout Colorado. +Corporate incentives to use secondary material in manufacturing. +Consideration of landfill surcharges in Colorado that would fund recycling efforts. +Consideration of certain waste restrictions in Colorado landfills e.g.“green”ban of organic materials,or “white goods”ban. Oppose Limiting local government the ability to regulate the activities of private waste or recycling collectors. +Limiting local government the ability to provide waste or recycling collection or processing services to citizens. Support SALES &USE TAX ••Local control over base,rates,collections and administration of sales and use taxes. +Cooperative efforts by governmental agencies and business entities to simplify sales and use tax collection and maintain uniform definitions. Oppose Creating state sales and use taxes exemptions that would contradict current local interpretations. +Preempting local authority to impose and collect sales and use taxes. SOVEREIGN &GOVERNMENTAL IMMUNITY Support ..Protecting the interests of municipalities in the lawful and proper performance of their duties and responsibilities. +Discouraging baseless and frivolous claims and demands that can be made against municipalities. Oppose +Increasing municipal liability. 4 Support SPECIAL IMPROVEMEN ~~iSTRICTS ;:Lpcql governments ability to create special improvement districts •.Collection of delinquent assessments •>Strengthening the lien position of assessments •:•Lienholders to foreclose special assessment liens quickly and reduce carrying costs. •Reducing the complexities of obtaining clear title to properties acquired through the Treasurer’s Deed process. Support TAX EXEMPT FINANCING ••Tax Exempt Financing for facilities owned by municipal utilities and political subdivisions of the states. +Public Power systems issuing tax-exempt bonds. Oppose •.Any changes in the tax laws that would limit use of tax exempt financing. +The federal government taxing the revenue generators (relied upon by the state and local governments). +Proposals that block municipal service in annexed areas. +Restricting a community’s public power entity to sell power from existing facilities. TELECOMMUNICATIONS Telecommunicat ..~Support cont Local control for: 1.Zoning requirements and siting standards for above ground telecommunication transceiver structures. 2.Local public rights of way 3.Adhering to customer service standards 4.Mitigating negative impact on local infrastructures 5,Recovering costs associated with rights of way maintenance. 6.Managing methods of facilities installation. +Granting franchises to telecommunication companies. +Rights of Way (ROW)for the installation of telecommunications facilities to engage in private,for profit enterprise demands a fair payment for the use of public assets as permitted by law. ••Maximizing the City’s ability to access telecommunication resources. +The application of fair and reasonable fees for all users of the rights of way. +Adequate allocation of public radio frequencies for public safety, emergency services,public works,etc. <•The ability to charge for the cost acquisition,compilation, provision of or access to,electronic and hardcopy public data information. Support Public access to municipal and community information +Individual right to privacy and the right of access to public records for citizens using the information infrastructure. ••Universal access to telecommunications services by citizens, commercial,educational and governmental sectors. •.Open marketplace for telecommunications services in a competitively neutral environment. Support TRANSPORTATION +Meeting basic transportation needs via cooperation between local,county,state and federal governments. +Current Highway User Tax Fund (HUTF)allocation of 60%state, 22%counties and 18%municipalities. +Share back with local governments any appropriation for transportation from the state using the 60-22-18 formula. +Fund analysis and implementation of the linkages between commuters and rail/transit alternatives. Regional planning for alternative transportation and a modal shiflol 10%from single occupant vehicle usage to alternatve modes olh’avel. +Increased funding for transportation with flexibility for all modes of transportation. .4.The lull appropriation and use of federal transportation trust funds and motor fuel taxes for federal,state or local transportation purposes. 4•Highway Users Tax Fund (HUTF)monies flowing directly to the transportation needs for which they are intended by changing budget support to the state general fund for the Colorado State Patrol and Ports of Entry,rather than the current practice of “off the top”diversions from HUTF. 5 WATER UTILITC C’ Support -General ;.Reaqonable limitation of Iiabflity for Water,Stormwater and Wastewater operations. •.Legislation that maintains the authority delegated to the state to administer federally mandated water,storm-water and wastewater environmental regulatory programs (primacy), ••Reasonable water quality control regulations that are cost effective and can show identifiable benefits. AppohlInlent0f directors for water conservancy districts. (~Local development of watershed protection efforts. •.Cooperation between City Water Utilities and other water and wastewater treatment providers. Support —Water •>Limiting the federal government’s ability to affect water rights (~State and federal funding of mandated programs under the Safe Drinking Water Act. Oppose —Water •:•Any legislation not founded on sound and comprehensive scientific research. •.Any clean water legislation or regulations that do not consider the impact on other contaminants and the contaminant removal process. Support —Wastewater State and federal funding of mandated programs under the Clean Water Act •.Providing the state with the flexibility to tailor federal legislation and regulations to local conditions. Oppose —Wastewater +Clean water legislation or regulations not founded on sound and comprehensive scientific research. +Any clean water legislation that ignores a potential impact on contaminants and the contaminant removal process. WORKER’S COMPENSATION Support +Improving the administrative efficiency of the Division of Workers’Compensation. Oppose +Increasing insurance premium costs to employers +Adding administrative burdens or taxes to self-insurance programs. Promoting litigation 6 r rPart2 The Fort Collins City Council 2001 Legislative Agenda Draft December 26,2000 r r TABLE OF CONTENTS Introduction 3 Legislative Staff Liaison Members 5 Air Quality 6 Cultural Services 8 Library Services 8 Education 9 Electric Services &Utility 9 a.Net Metering 9 b.Retail Wheeling 10 c.Tax Exempt Financing 13 Environmental Quality 15 Federal Budget 15 Finance 17 a.Investments 18 b.Privatization 18 c.SalesandUseTax 19 Fire Protection 19 Hazardous Materials Management 20 Home Rule 20 Municipal Utility Service Territory 21 Natural Areas &Open Lands 22 Parks &Recreation 23 Planning &Land Use 23 a.Affordable Housing 24 b.Obsolete Subdivisions,Vacation of 25 Public Safety &Violence Prevention 25 a.Neighborhood Resources 25 b.Police Services 26 c.Public Safety Pensions 27 Recycling &Solid Waste 27 Sovereign &Governmental Immunity 29 Special Improvement Districts 29 Telecommunications 30 Transportation 32 Water Utilities 33 a.Water 34 b.Wastewater 34 Worker’s Compensation 35 2 CITY OF FORT COLLINS Fort Collins is located next to the Rocky Mountains in northern Colorado,60 miles north of Denver.The population of the City is approximately 110,000 and growing with a land area of 45 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 establishes a Council-Manager form of government.The electors of the city adopted this on October 5,1954. INTRODUCTION The City of Fort Collins’2001 Legislative Agenda identifies issues of importance to the City of Fort Collins.The Agenda expresses policies and positions on issues that affect the quality of life and the governance of our community.We offer this Agenda to our Legislators as a guideline when considering legislation that impacts Fort Collins. The issues identified have historically been addressed by the General Assembly and may also apply to some federal legislation.The policy statements in the 2001 Agenda were developed in advance of the 2001 General Assembly,and are very broad and are not all-inclusive. The City will continue to contact Legislators regarding City positions on specific bills throughout the 2001 legislative session.We encourage Legislators to contact Fort Collins City Council Members and our Legislative Affairs Coordinator should they have any questions regarding our policy positions. 3 r r *FORT COLLINS LEGISLATIVE REVIEW COMMITTEE The Legislative Review Committee is a representative group of Council members that review proposed legislation and express City policy in reaction tolegislation. Legislation that cannot be compared to previous City policy,as identified in the Legislative Agenda,is referred back to the full Council for consideration before any position is taken. Council Members presently serving on the Legislative Review Committee are: +Mayor Ray Martinez,Chair +Karen Weitkunat +Kurt Kastein Staff supports the Legislative Review Committee by contributing expertise in various areas of municipal service.The City works closely with the Colorado Municipal League on all legislative items. 4 Legislative StafC.iaison Members (2001)r City Council District Contact Information Mayor At-Large Office Phone:970/416-2154 Ray Martinez Email:rmartinez@ci.fort-collins.co.us Councilmember 2 Office Phone:970/221-6509 Kurt Kastein Email:kkastein@ci.fort-collins.co.us Councilmember 4 Office Phone:970/221-6509 Karen Weitkunat Email:kweitkunat@ci.fort-collins.co.us Topic Area City Staff Contact Information City Manager John Fischbach 970-221-6505 jfischbach@ci.fon-collins.co.us Deputy City Manager Diane Jones 970/221-6508 djones@ci.fort-collins.co.us General Ginny Brown 970/221-6796 vbrown@ci.fort-collins.co.us Air Quality Lucinda Smith 970/224-6085 lsniith@ci.fort-collins.co.us Cultural &Library Services Many Heffernan 970/221-6064 inheffernan@ci.fort-collins.co.us Electric Services &Utility Dennis Sumner 970/221-6718 dsumner@ci.fort-collins.co.us Environmental Quality Susie Gordon 970/221-6265 (Recycling &Solid Waste)sgordon@ci.fort-collins.co.us Finance Alan Krcmarik 970/221-6788 akrcmarik@ci.fort-collins.co.us Fire Protection &Kevin Wilson 970/221-6570 Hazardous Materials Management kwilson@ci.fort-collins.co.us Housing Authority Julie Love 970/416-2917 jlove@ci.fort-collins.co.us Legal Steve Roy 970/416-2520 sroy@ci.fort-collins.co.us Natural Areas &Open Lands Tom Shoemaker 970/221-6263 tshoemaker@ci.fort-collins.co.us Parks &Recreation Marty Heffernan 970/221-6064 mheffernan@ci.fort-collins.co.us Planning &Land Use Tom Vosburg 970/221-6224 tvosburg@ci.fort-collins.co.us Public Safety &Violence prevention Rita Davis 970/221-6628 (Police Services)rdavis@ci.fort-collins.co.us Public Safety &Violence Prevention Jenny Meadows 970/224-6022 (Neighborhood Resources)jmeadows@ci,fort-collins.co.us Special Improvement Districts Alan Krcmarik 970/221-6788 akrcmarik@ci.fort-collins.co.us Technology Liz Stroh 970/221-6522 lstroh@ci.fort-collins.co.us Transportation Ron Phillips 970/221-6751 rphillips@ci.fort-collins.co.us 5 r r L~rAivLTdYsKTEiJiEFit~:zzzzzz:zi___ AIR QUALITY The City’s adopted Air Quality Policy Plan established a strong overall air quality goal “to continually improve Fort Collins air quality as the City grows”and defined a policy framework for continuing actions to improve air quality.Several of these policies support taking a position on air quality matters that may impact the city. The City supports adoption of state and federal standards that provide for improved public health protection and improved air quality.The City supports adoption of standards that are stringent enough to protect regional air quality,because air sheds do not specifically or necessarily follow urban boundaries.The City opposes adoption of standards that constitute a weakening of current air quality standards. Therefore,the Fort Collins City Council supports the following policy statements: 1.Oppose any action of the State Legislature that restricts local government authority to improve air quality beyond minimum State or Federal requirements. 2.Support legislation that encourages regional planning efforts for regional issues that cannot be solved through City action in isolation,e.g.the brown cloud. 3.Oppose the adoption of standards that constitute a weakening of current air quality standards. The City’s adopted objective for commercial and industrial sources are to reduce total emissions from such sources.The City does not,however,enforce State regulations on stationary air pollution sources,but rather continues to rely upon the Colorado and Larimer County Health Departments to assure that local sources comply with Colorado Air Quality Control Commission regulations. Therefore,the City Fort CoIling City Council supports the following policy statements: 1.Support legislation to assure that the State and County Health Departments have adequate responsibility,authority,and resources (funding and personnel) to enforce regulations adopted by the Colorado Air Quality Control Commission. 2.Support legislation that assures the enforcement of Federal,State,and County air quality regulations including air toxins. 6 r r The City’s adopted objective for motor vehicles is to prevent total vehicle emissions from rising after year 2000,by reducing the growth rate of total vehicle-miles of travel,and by reducing tailpipe emissions per mile from motor vehicles. Therefore,the City Fe~rt CollinE City Council supports the following policy statements: 1.Support legislation that uses the price mechanisms of the free market to shift citizen and business travel behavior toward actions that reduce vehicle miles of travel,including removing hidden cost subsidies to motor vehicle users, employing economic incentives and disincentives,and other market approaches. 2.Support inspection/maintenance (l/M)legislation that will further reduce tailpipe emissions per mile and help prevent total vehicle emissions from rising after year 2000.The City is committed to working with other communities to craft future l/M legislation that is flexible enough to allow each community to pursue its air quality goals.To that end,the City participates with the North Front Range Transportation and Air Quality Planning Council in a committee process to evaluate inspection and maintenance needs. 3.Support legislation and regulations that make tailpipe standards more stringent, that establish equal standards for cars,light trucks and sport utility vehicles,that set fuel neutral standards for gasoline and diesel that decrease sulfur content of fuels and that promote advanced low emission vehicle technology. 4.Support legislation and regulations that increase the fuel efficiency of motor vehicles and supports ongoing research to improve the safety of smaller vehicles. 5.Support legislation and regulations that increase energy efficiency and the use of renewable energy sources excluding residential wood-burning in order to reduce the impact by the Fort Collins community on global warming. 6.Support legislation and regulations to promote pollution prevention. 7.Support Colorado self-audit law. 7 r r CULTURAL SERVICES The City recognizes that art and culture are vitally important to the quality of life of our community and is committed to providing the citizens of Fort Collins with excellent cultural services. Therefore,the City Fort Collins City Council supports the following policy statements: 1.Support funding for cultural services for the education,entertainment and enrichment of the community. 2.Support the creation,performance and presentation of the arts. 3.Support strengthening the role of culture and the arts in our educational system. 4.Support preserving our cultural heritage. 5.Support public access to and awareness and appreciation of the arts. LIBRARY SERVICES The City recognizes the critical importance of free access to information resources in a democratic society and is committed to providing the community with excellent library services. Therefore,the City Fort CoIling City Council supports the following policy statements: 1.Support providing library services to people of all ages,abilities,income levels and ethnicity. 2.Support intellectual freedom and access to information but provide parents and guardians with options to filter internet access for minors. 3.Support legislation that enhances the City’s ability to provide library services for the interest,information,enlightenment and lifelong learning of all people. 4.Support providing children and adults with the skills they need to read proficiently and to use the information resources available in a modern,global information society. 5.Support funding for library services. 8 r 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 City Fort Collinc City Council supports the following policy statements: 1.Support legislation for additional educational funding for K-12 and higher education. 2.Support the development of reliable and fair funding mechanisms,such as graduated income taxes or progressive measures,which result in real additional dollars and are not regressive. 3.Support the consideration of other viable funding options. 4.Support enabling legislation to clearly provide for the local option to impose school impact fees. ELECTRIC SERVICES AND UTILITY Net Mef~Fñj~ZEEZZLZ zzzzzz Net Energy Metering is a method of measuring the net amount of electricity a customer would use if they were to receive electricity from a utility and also from a generation source of their own (solar cells,natural gas generators,etc.).A single electric meter would measure the electric energy flowing into the customers’premises which would be reduced if the customer were adding their own generation to their supply. If the customer’s generation produced more energy than they consumed,the excess power would flow into the utility system and the meter would run backwards reflecting a negative net energy flow. In 1997,Colorado State House Bill 1305 titled ‘A BILL FOR AN ACT CONCERNING NET ENERGY METERING FOR ELECTRIC POWER”was introduced by Representative Mark Udall in the House Transportation and Energy Committee.The bill did not make it out of committee and,at that time,was opposed by the Colorado Association of Municipal Utilities (CAMU)for reasons related to deregulation issues,not the bill per se.It is expected that the legislature will again take up legislation on net metering. 9 r r 4 ‘Therefore the City City of Fort Collins City Council supports net metering legislation as a way to promote renewable energy if the following items are addressed: 1.Safety --for the protection of utility employees and the public the facility must be in accordance with applicable codes and standards.These include National Electrical Code and Utility requirements; 2.Cost recovery --reasonable fixed costs of transmission,distribution and generation backup are recovered from the customers on the program;and 3.Energy Credit --generated energy from the customer would be credited at the appropriate cost reduction to the Utility. Retail Wheeling ZZEZZZZZEE~~ The Colorado electric utility industry has consistently delivered high quality,reliable power at comparatively low rates.The 29 municipally-owned electric systems in Colorado,which supply electric service to more than 650,000 citizens,are concerned about the impact of retail restructuring and the affect it may have on our customers and the economy of the state. While the City of Fort Collins favors the availability of low cost electric supply to all customers,there are several issues that must be resolved before retail restructuring can benefit all Colorado consumers.The electric utility industry is very unsettled with active debate being carried on about a number of serious issues.These include a looming deficit of generation capacity in Colorado;transmission constraints that limit the movement of power into the areas where a majority of Colorado residents live;the potential formation of regional transmission organizations;the future funding and operation of federal hydro power facilities;and the potentially anti-competitive effects of mergers and acquisitions In November of 1999,after studying the issue for more than 15 months,the majority of the Colorado Electricity Advisory Panel determined in its final report that “restructuring is not in the best interests of all Colorado electricity consumers and the state as a whole.”Restructuring is premature unless it can be demonstrated that all consumers will benefit from a restructured market and specific restructuring legislation. Therefore,the City Fort CollinE City Council supports the following policy statements. 1.Oppose any federal and/or state mandate requiring municipal utilities to implement retail restructuring.In order to preserve local decision making and as supported in the Electricity Advisory Panel’s (EAP)report,municipal utilities must be given an option to determine the extent and manner to which retail restructuring should be implemented in our communities and service areas. 10 r r 2.Oppose any interference with local decision making ability.Rates,terms and conditions for regulated service offered by municipally owned utilities within their service territories should remain the regulatory responsibility of locally elected and appointed governing boards. 3.Support municipal systems retaining the flexibility to establish restructuring rules that pertain to them if they choose to opt into a restructured market.While preserving the maximum degree of local autonomy,the City,recognizes that certain statewide rules or standards of conduct pertaining to competitive supply service may apply to municipal electric systems that choose to participate in restructuring. 4.Oppose exercise of market (monopoly)power.Exercise of market power will hinder the establishment of truly competitive markets and increase costs to all but a limited number of custome?s.There must be a sufficient number of supporters to make sure there is a robust wholesale market in Colorado.Competitive advantages gained through existing market power in generation should be mitigated prior to retail restructuring moving forward in Colorado.Even higher prices could result from the lack of proper market composition. 5.Support furthering the development of competitively effective wholesale markets. Therefore,competitive wholesale markets should be encouraged by comprehensive reviews of market entry barriers such as siting approval and land use control processes.However,suppliers of electrical energy shall consider all environmental factors as an integral part of planning,design,construction and operating decisions, and shall utilize the best available environmental technology that meets current EPA clean air and water standards. 6.Support consumer safeguards,such as those recommended by the EAP.These should be an integral part of efforts to restructure Colorado’s electric market. Customers that may be unable to take advantage of retail restructuring opportunities,including residential,low income,fixed income,small business and small agricultural customers,must be protected from adverse rate effects and the inability to fully participate in a restructured market. 7.Oppose unfair trade and marketing practices by power suppliers.Comprehensive enforcement mechanisms must be established and in place to ensure such practices are not allowed in Colorado. 8.Support adequate licensing requirements for all new entities wishing to provide retail electric supply service in Colorado. 11 r r 9.Support municipal utilities being the provider of standard offer service (existing municipal supplier will be the default electric supplier)to their customers who do not choose an alternate power supplier.Rates shall be established on cost-based principles as determined by the local governing body. 10.Support aggregation programs so smaller customers can achieve effective buying power to participate in a restructured utility market. 11.Support the full recovery of the costs associated with the ownership of the distribution system that delivers the electric supply to the end-use retail customer. These costs may include operation and maintenance,depreciation,system upgrades,administrative costs,franchise fees,payments in lieu of franchise fees and taxes,return on investment,and the costs associated with government mandated programs,including for example,low-income energy assistance, demand side management,and environmental programs. 12.Support that restructuring legislation should make it absolutely clear that the sales transaction occurs where the electricity is used or consumed.Further,there should be an affirmative duty for all providers,regardless of where located,to collect applicable fees and sales and use taxes.Existing revenues to local and state governments should not be adversely affected by retail restructuring.Taxes and fees should apply whether services remain bundled or are unbundled,and apply regardless of whether the provider is in-state or out-of-state. 13.Support municipal utilities retaining the right to determine the nature and amount of any stranded costs or benefits they incur resulting from restructuring. Additionally,we support determining the manner in which any costs or benefits shall be assessed or returned to their customers. 14.Support the same requirements (for competitive electric rates)being applied to all industry sectors concerning open meetings and public records.Municipal utilities should not be disadvantaged by laws that prevent municipalities from expressing views on matters presented to the local electorate. 15.Support that all competitive generation suppliers maintain sufficient energy capacity to meet peak demands and adequate reserves as required under current laws,regulations and reliability standards (Reliability and quality of service must not be degraded).Customers who choose alternative suppliers must secure back up power to ensure the integrity of the system for the protection of all other customers. 16.Support the establishment of a cost-effective regional transmission organization before retail restructuring is implemented. 12 r 17.Support the distributing municipal utility must retain the right to meter and bill all customers,retain the right to investigate and claim recovery for energy diversion, and retain the right to disconnect service for non-payment. 18 Support Oppose legislation that does not maintain transmission and distribution functions to be m~intainod as for a regulated monopoly service.Customers must not be allowed to bypass the transmission and distribution facilities of the local utility.All customers shall have the right to receive reliable distribution and transmission service. 19.Support current Colorado laws,established by the General Assembly and interpreted and upheld by the Supreme Court,to compensate other utilities when service territory transfers occur as a result of annexations. 20.Support voluntary customer options to purchase renewable energy and support tax credits,portfolio standards,wire charges,and government-funded incentives to encourage investments and customer participation in renewable energy. 21.Support the General Assembly funding programs to assist low-income consumers, educating customers about participating in a restructured electric market,and providing utility employee retraining as part of any retail restructuring legislation. 22.Support all utilities having the opportunity to offer value-added products and services. 23.Support any legislation implementing retail restructuring containing an “effective date.”This “effective date”must be sufficient to afford utility providers with adequate time to prepare themselves for retail restructuring. 24.Support municipal utilities having the right to determine the following:costs to the customer,and the extent of the obligation to supply service to distribution customers,(who purchase power from other sources then request to return to the municipal utility for power supply services). Iii~Zii~iñiZZ~Z~____ Because the Fort Collins Electric Services department has been debt free,tax-exempt financing has not been an issue in the past.However,it may be an issue for Platte River Power Authority and could become an issue for the City if it moves into areas of natural gas supply,telecommunications,etc. The City of Fort Collins supports tax-exempt financing for facilities owned by municipal utilities and political subdivisions of the states.The City of Fort Collins is opposed to any changes in the tax laws that would limit use of tax-exempt financing of facilities. 13 C Therefore,the City Fad CaNinE City Council supports the following policy positions: Support public power systems being eligible to issue tax-exempt bonds.Because they are entities of state and local government,providing local choice and local control,just as private power companies are eligible to enjoy certain tax benefits afforded all private corporations. 2.Oppose the federal government taxing the revenue generators relied upon by state and local governments.The underlying principle behind public power’s ability to issue tax-exempt bands lies in our federalist system.State and local governments are not allowed to tax the revenue raising instruments of the federal government;likewise,the federal government should not tax the revenue raising instruments relied upon by the state and local governments. 3.Oppose proposals that block municipal service in annexed areas.Annexation is an important public policy tool that allows local governments to meet their obligation to serve new residents and promote economic development on behalf of the community.Proposals that erect barriers to municipal service in annexed areas would be unfair to newly annexed residents and would severely undermine the ability of local governments to provide essential electric service to the public. 4.Oppose language restricting a community’s public power entity the ability to sell power from existing facilities.This could lead to default of existing bonds.This not only jeopardizes the financial stability of the local government,but also presents substantial risk to bondholders.Because tax-exempt bonds have been considered to be safe investments,those affected will be people who can least sustain a financial loss. 5.Although private power companies call for “leveling the playing field,”the field is already tilted enormously in the private companies’favor.Private power companies control 75%of the market nationwide,receive huge tax breaks,are not hindered by open meetings and public records legislation,have vast resources at their disposal,and exercise substantial political strength. 6.While private power companies complain about local government’s federalist right to finance utilities with tax-exempt bonds,they are actively lobbying in some state legislatures to have stranded costs “securitized”with tax-exempt bonds. 14 r ENVIRONMENTAL QUALITY The City of Fort Collins vigorously endorses principles and applies practices to enhance the environmental quality of the City.The City is working toward environmental solutions through cooperative efforts in dealing with land use, transportation,and air quality (LUTRAQ)issues. Therefore,the City Fort Collins City Council supports the following policy statements: 1.Support legislation that allows the flexible application of financial resources for environmental needs. 2.Support legislation that enables and reinforces local efforts to plan and regulate the interrelationships of land use,transportation,and air quality. 3.Oppose legislation that allows state preemption of local government authority to adopt environmental and land use ordinances. 4.Oppose legislation that restricts local government environmental and land use regulatory authority as now authorized by the Colorado Constitution and Colorado case law. FEDERAL BUDGET In 1994,the City of Fort Collins recommended the need to balance the annual federal budget and to reduce the level of Federal debt.Due to the expansion of the U.S.economy and more prudent financial practices at the federal level,the annual budget is now in balance.The federal government has begun to pay down some of the outstanding debt.Sound financial practices and policies are critical to the economic future of the United States.The City applauds the efforts of the Administration and Congress to improve the financial position of the country.Now,that the annual budget has been balanced,the City recommends that Congress review it’s approach to the financial management of the country. To eliminate the deficit Congress made deep cuts in many programs,that support key municipal priorities while at the same time congress left some of the largest entitlement and discretionary programs untouched.With regard to revenue side of the budget equation tax cuts are now being considered that will reduce revenues available for local governments even further.We believe this approach is inequitable and discriminatory and Congress should modify its approach. 15 C C Fort Collins supports the National League of Cities “Statement of Principles”.These principles recognize the need to keep the federal budget in balance and make government more effective and accountable.In addition we believe that addressing America’s problems is equally important. Therefore,all budget elements —all entitlement programs,tax expenditures, revenues,defense and discretionary funding must be on the table for equitable financial management.Maintaining a balanced budget and reducing the debt must be balanced with the needs of the nation’s states and communities. In the past,federal and local governments have worked cooperativelyto help meet basic needs,such as transit operations and capital improvements,community development block grants,water quality monitoring,and crime prevention.Progress has been made and such programs should not be cut drastically These programs should be continued to provide similar levels of service with modest increases or maintaining their current funding levels It is essential to remember that federal dollars spent at the local level provide the taxpayer with the most direct and recognizable benefit from their federal taxes. Additional drastic,debilitating cuts in local federal spending will undermine any belief that federal taxes benefit the taxpayer. Therefore the City Fort Collinc City Council supports the following federal budget policy statements: 1.Support all entitlement programs being treated with some equity in the budget process so that not just local programs bear the burden of program reductions. All entitlement programs,including tax expenditures,revenues,and all discretionary spending,must be “on the table”for discussion. 2.Support review and changing of federal tax expenditures to assure that these programs contribute,along with entitlement programs,to the balanced budget in a manner consistent with all other expenditure programs. 3.Oppose discrimination or favoritism being shown toward any economic or demographic group. 4.Support the Administration and Congress partnering with state and local governments to address problems.Disproportionate burdens should not be placed on cities and towns by inordinately cutting discretionary programs. 5.Oppose direct assistance to cities and towns being converted to state control. 16 r 6.Oppose modification of accounting,procedural or budget rules to continue to be used to substitute for prudent financial management. 7.Support Congress achieving a balanced federal budget that includes, addresses,and sustains Social Security,Medicare and key state and local programs,prior to making tax cuts. FINANCE As a municipality,the City of Fort Collins faces many complex financial issues. The Fort Collins City Council has adopted Financial and Management Policies to establish guidelines for long-range financial planning and to help in preparing the City’s budget.With revenue growth limited by a 1992 amendment to the State Constitution (Article X,Section 20). The City has become even more careful in its approach tofinancial management it has become important to better manage the City’s resources.Strong fiscal planning,prudent debt management and preservation of the City’s revenue base are vital in maintaining and improving the City’s financial health. Therefore,the City Fort Collinc City Council supports the following policy statements: 1.Support the maintenance of existing financing methods in addition to providing additional financing methods for our local government to support provision of municipal services. 2.Support legislation that promotes public and private sector economic developments that are consistent with the City’s economic policy.Benefits from economic growth should be shown to exceed costs. 3.Support equitable policies among taxing jurisdictions when offering financial incentives to business 4.Support legislation that would remove or modify key provisions of Article X, Section 20 that inhibit the ability of public entities to receive and retain user fees for services that residents and customers desire. 5.Support promoting the equitable treatment of sales and use taxes to residents and corporations residing or doing business in cities and towns whether the transaction is made on-site,electronically,(e-commerce),or by mail. 6.Support a meaningful balanced study and discussion of Colorado State and local tax policy. 17 r 7.Oppose State mandated reductions to the current property tax structure without specific revenue replacement provisions.The City of Fort Collins recommends that taxes be as broad-based as possible and that exemptions be extremely limited. 8.Oppose legislation that reduces the City’s revenue base and would subsequently require voter approval for replacement funding. Investments - The Fort Collins City Council has adopted investment policies to be used by the City.The policies are reviewed and updated periodically to ensure the quality of the portfolio to maintain liquidity and to maximize the earnings of the portfolio. Therefore,the City Fort Collinc City Council supports the following policy statements: 1.Support legislation designed to protect the investments of government entities. 2.Support legislation that provides for adequate investment disclosure including market value reporting. 3.Oppose any legislation that would require municipalities to participate in investments that do not meet the objectives set forth in the City’s policies. 4.Oppose restrictions on the City’s ability to adopt its own investment policies. Privatization The City of Fort Collins spends approximately fifty-eight percent of its budget on outside contracts for goods and services.This level of privatization has given the citizens of Fort Collins good quality and cost efficiency for many years. Therefore the City Fort Coiling City Council supports the following policy statements: 1.Support provision of services through private enterprise when in the public’s best interest. 2.Support local control of the awarding of contracts and the accountability of local officials for those actions. 3.Oppose mandates that increase the complexity and cost of service without improving those services. 18 r r ZZ ~3EZEZEZEEEZ The City of Fort Collins levies,administers and collects its own sales and use taxes under its home rule authority.Sales and use tax collections comprise about 57%of General Fund revenues.These revenues would decrease dramatically if the City were forced to adopt the much narrower State sales tax base and revert to centralized State collection of revenues. Therefore,the City Fort Coiling City Council supports the following policy statements: 1.Support legislation that maintains local control over base,rates,collections and administration of sales and use taxes. 2.Support cooperative efforts of the State,municipal and business entities to simplify sales and use tax collection and maintain uniform definitions. 3.Support cooperative audits by governmental agencies in order to provide better customer service and minimize disruption to major taxpayers. 4.Oppose legislation that creates State sales and use tax exemptions that would contradict currently compatible State and local interpretations. 5.Oppose legislation at the State and Federal level that preempts local authority to impose and collect sales and use taxes FIRE PROTECTION The Fort Collins City Council recognizes the critical importance of maintaining a safe environment and protecting the lives and property of the citizens of Fort Collins from fire. Therefore the City Fort Collinc City Council supports the following policy statements: 1.Support legislation adopting a State fire code,the code of choice being the Uniform Fire Code,which establishes a State minimum standard for fire code enforcement in existing and newly-constructed structures.Permit local option for municipalities to impose more restrictive standards.U.F.C.adopted should be 1997 or later. 2.Support legislation that allows the City to continue prohibiting the use and sale of all fireworks and support legislation that allows counties and fire districts to prohibit and/or otherwise control fireworks. 19 C C 3.Support legislation that promotes fire safety education and prevention for all city residents with the goal of reducing injury,loss of life and property damage. HAZARDOUS MATERIALS MANAGEMENT It is an important concern of the City to safeguard Fort Collins’health and environmental safety by reducing risks from the unauthorized release of hazardous materials or hazardous waste. Therefore,the City Fort Collins City Council supports the following policy statements: 1.Support legislation that allows the City to continue controlling risks from hazardous materials use,storage and transportation through the adopted editions of the Uniform Building and Fire Codes and related local amendments. 2.Oppose legislation that restricts the City’s ability to review and approve the location of facilities that use or store hazardous materials or hazardous waste. 3.Support legislation requiring environmental impact and health risk assessments to be prepared and receipt of a Certificate of Designation (CD) from counties or municipalities to establish new hazardous waste incineration facilities. 4.Support legislation to encourage pollution prevention programs (P2)as preferred hazardous materials and hazardous waste management strategies. 5.Support legislation that strengthens the enforcement of state hazardous materials regulations. 6.Oppose legislation that restricts the City from adopting local strategies and regulations for hazardous materials and waste reduction. HOME RULE The City of Fort Collins is a home rule municipality.We strongly believe in the importance of Article XX of the Colorado Constitution.Article XX grants home rule municipalities “full right of self-government in local and municipal matters.”Home rule is of utmost importance to the City of Fort Collins and is a concept that the City generally advocates strongly for. The Fort Collins City Council believes that the principle of home rule authority affords the citizens of Fort Collins the following: •greater access to local government;and 20 C r increased opportunity for participation and contribution to the decision making process. Home rule authority,enhances the quality of life in the community and the ability of local government to respond to the needs of its citizens. Therefore,the City Fort Collinu City Council supports the following policy statements: 1.Support legislative efforts to strengthen home rule authority of local municipal governments. 2.Oppose legislation that requires State or Federal intervention in matters of local concern and which unnecessarily or adversely affects the City’s ability to manage pursuant to its home rule authority. 3.Oppose any legislation that would limit the City’s ability,as a home rule municipality,to regulate the possession or use of firearms or other deadly weapon. MUNICIPAL UTILITY S~RVICE TERRITORY Cities and towns provide a number of services to their citizens as directed by the local electorate.These services can include the provision of electricity through a municipally owned and operated utility.As new areas are annexed,the citizens should have the right to the same services as provided to other citizens.Through local elections,those citizens have the ability to determine how and what type of service they receive.Federal or state preemption of this right deprives citizens of their ability to choose. In Colorado,existing law provides compensation to a utility that may lose electric load through annexation.Additionally,the citizens of a city may determine that competing electric utilities are acceptable,or the citizens may have an election to grant a franchise to another utility. Therefore,the City Fort Coiling City Council supports the following policy statements: 1.Support efforts that allow citizens to determine the level and extent of municipal services they will receive thus preserving the home rule authority of local municipal governments. 2.Oppose efforts that limit either a municipality’s rights to annexation or to provide municipal utility services to any of its citizens. 21 r NATURAL AREAS AND OPEN LANDS The City has a vigorous program to protect natural areas and other important open lands within Fort Collins,within our Community Growth Management Area,and regionally.Natural areas and open lands fulfill many roles within our urban environment.They provide habitat for wildlife,maintain scenic beauty,protect water quality,help treat storm-water runoff,store floodwater,provide buffer zones between communities and differing land uses,provide opportunities for passive and active recreation,enhance educational opportunities,and improve the urban setting for people. The City uses many tools in our land protection program,including:fee-simple acquisition of land and water,conservation easements,incentives for voluntary efforts by private landowners,education and outreach,and zoning and development standards within our land use code.The City works in partnership with other communities,Larimer County,private land trusts,Great Outdoors Colorado, community groups,and state and federal agencies to achieve community and regional conservation goals. Therefore the City Fort Calling City Council supports the following policy statements: 1.Oppose legislation that restricts local government environmental and land use regulatory authority as now authorized by the Colorado Constitution and Colorado case law. 2.Support legislation that provides tax incentives for voluntary land conservation by private landowners. 3.Oppose legislation that reduces the effectiveness of existing federal and state protection for wetlands,wildlife habitats,and other sensitive natural areas. 4.Support additional funding for state and federal land conservation programs. 5 Support federal adoption of the Technical Corrections Bill for the Cache La Poudre River Corridor Act 22 C PARKS AND RECREATION The City is committed to providing the community with excellent parks and recreation services and facilities.Our citizens enjoy a better quality of life, improved health,less crime and a greater sense of community because of our quality parks and recreation programs. Therefore,the City Fort Collins City Council supports the following policy statements: 1.Support funding for parks,trails,forestry,horticulture and recreation services and facilities. 2 Support using the proceeds from the Colorado Lottery for and its current purposes distribution of Lottery proceeds. 3.Support Great Outdoors Colorado and full funding for municipal government projects,with maximum local discretion regarding local needs and priorities. 4.Support partnerships that improve the provision of parks and recreation services and facilities to the community. 5.Support programs for youth,at-risk teens,and for persons with disabilities. 6.Supports legislation that expands or enhances volunteerism and community service to address the civic,social and recreational needs of our community. PLANNING AND LAND USE Effective local land use planning and land development regulation contributes greatly to the quality of life enjoyed by Fort Collins residents.State action and legislation can greatly effect the ability of local governments to develop and implement land use plans for their communities. Therefore,the City Fort Collins City Council supports the following policy statements: 1.Support legislation that establishes programs to remove barriers to effective local land use planning and land development regulation. 2.Support legislation and establishment of programs to enable intergovernmental or regional cooperation in land use planning and land development regulation. 3.Oppose legislation that would inappropriately limit local government authority to regulate land development. 23 (r 4.Oppose legislation that would extend the definition of a compensable taking beyond the provisions of existing court decisions and case law. 5.Oppose legislation that would broaden the definition of vested property right beyond the provisions of current of state law. 6.Support specific legislation that would establish a baseline of consistent and coordinated basic land use and transportation planning within the state’s rapidly growing communities.This planning should be based on consistent and credible population forecasts and should support growth management techniques such as establishment of urban growth boundaries and adequate public facilities requirements. 7.Oppose efforts that limit a municipality’s rights to annexation and limit our ability to serve anyone. Affordable Housing ________ The Fort Collins Housing Authority is part of an effort undertaken by the City of Fort Collins and Larimer County.The mission of the Fort Collins Housing Authority is to promote: •adequate and affordable housing; •economic opportunity;and •suitable living environment free of discrimination Therefore,the City Fort Collinc City Council supports the following policy statements: 1.Support amendment of State rent control statute to exempt rent controls imposed for the purpose of maintaining the affordability of exclude sffordablo housing. 2.Support involvement of the state and federal government in order to maintain current levels of HUD funding for affordable housing in Colorado. 3.Oppose legislation that limits our ability to generate alternative sources of funding,especially through public-private partnerships. 4—Oppose any legislation that would limit the City’s ability to regulate and manage affordable housing issues. 24 C r s~V~i{~oT ZZZZZZZZZZZZ__I 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 may be considered obsolete if a developer has breached a development agreement with the local government.Obsolete would not include vested rights. Therefore,the City Fort Colline City Council supports the following policy statement: Support legislation that allows the County to review all subdivisions up to 160 acres,and would allow jurisdictions to vacate obsolete plats and subdivisions, where appropriate. PUBLIC SAFETY AND VIOLENCE PREVENTION ~ The City recognizes that early intervention and alternative dispute resolution services are important tools in restoring and maintaining strong and safe neighborhoods in Fort Collins.By empowering individual citizens to resolve their own problems peacefully and permanently,quality of life is improved for the entire community Therefore,the City Fort Collins City Council supports the following policy statements: 1.Support local,state,and national funding efforts for the provision of community- based mediation and other alternative dispute resolution services. 2.Support the expansion of mediation services to meet the needs of a growing and diverse Fort Collins community. 3.Support community outreach and education efforts to provide effective conflict resolution and communication skills to any citizen group requesting or in need of such. 4.Support collaborative efforts between City-sanctioned mediation services and youth-based dispute resolution programs to share resources,information,and training. 25 C C PoilceServices __ The Fort Collins City Council recognizes the critical importance of maintaining public order,providing a safe environment,and protecting the lives and property of the citizens of Fort Collins.The City Council is particularly concerned with the issue of violence,particularly youth violence,in the community and has adopted this matter as one of its policy agenda items. Therefore,the City Fort Collins City Council supports the following policy statements: 1.Support legislation that has the potential of reducing incidents of violence in the community,with special attention to legislation directed towards the escalating problem of youth violence. 2.Support legislation that impacts youth violence problems through the development of treatment and intervention programs. 3.Support legislation that provides greater protection to victims of domestic violence. 4.Support legislation that respects the City’s right to use camera radar and red-light camera and to establish fines for traffic penalties associated with its use. 5.Support legislation requiring the state to support the use of camera radar, recognizing it as an effective tool,not a “money making”device as reported by the legislature. 6.Support legislation that would amend state law relating to the issuance of concealed weapon permits so as to vest the authority to issue such permits with the Colorado Bureau of Investigation (CBI)at no cost to the municipality in which the applicant resides with all costs related to the issuanco of such permits to be borne by the State. 7.Oppose programs that compromise officers’safety,support drug use and do not have a proven track record in reducing drug abuse. 8.Limiting local access to State data banks motor vehicle records for communities that do not comply with photo-radar legislation. 9.Support increased funding to finance a statewide communications program. 26 C C. PuL~jic$a ___ The Fort Collins City Council recognizes police officer and firefighter pension,death and disability benefits are unique and are jointly funded by the state and local governments.Changes in state funding levels for these benefits may affect the City’s ability to provide public safety services and place new financial burdens on the City. Therefore,the City Fort Collins City Council supports the following policy statement: 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 responsibility is shared by three entities;private businesses,the City of Fort Collins,and Larimer County.Solid waste and recycling collection services are provided by private businesses in Fort Collins.Private haulers deliver waste to two landfills:one is owned by Waste Management of Northern Colorado and is located in the town of Ault;the second one is the Larimer County Landfill, which is jointly owned by Larimer County,the City of Fort Collins,and the City of Loveland.The majority of collected recyclables are delivered to the Larimer County Recycling Center that is owned by Larimer County and operated by a private company. The City of Fort Collins regulates the operation of private trash haulers through licensing requirements that include: 1.A mandate to provide recycling collection service to both the residential and commercial sectors; 2.A provision of curbside recycling to residential customers at no additional charge; 3.An application of variable trash rates to residential customers. In addition,the City provides a variety of public information and outreach programs to encourage recycling in the community. n~,1 C C Therefore,the City Fort Coiling City Council supports the following policy statements: 1.Support integrated waste management planning for local and regional communities. 2.Support legislation that provides incentives and funding for efforts by local government and private enterprise to promote waste reduction,reuse and recycling. 3.Support mandatory “buy recycled”policy for state procurement.This will ultimately lead to increased opportunities for local recycling efforts for citizens because greater demand will be present-for “end products”and the market-will provide more profitable pricing. 4.Support legislation that expands state and regional markets for materials collected in local recycling programs. 5.Support legislation that broadens the regulatory authority of local government to ensure the efficient collection and processing of recyclable material and solid waste. 6 Support establishing a solid waste goal of up to 35%or better for Colorado’s rate of diversion of its waste stream from landfill disposal. 7.Support increased involvement by the State in monitoring data on trash volumes and rates of diversion from landfill disposal. 8.Support legislation that requires implementation of variable (“pay as you throw”) trash rates throughout Colorado. 9 Support corporate incentives to use secondary material in manufacturing 10 Support consideration of landfill surcharges in Colorado that would fund recycling efforts. 11 Support consideration of certain waste restrictions in Colorado landfills e g “green”ban of organic materials,or “white goods”ban: 12.Oppose legislation that limits the ability of local government to regulate the activities of private waste or recycling collectors to ensure the provision of efficient solid waste and recycling services. 13.Oppose legislation that limits the ability of local government to provide waste or recycling collection or processing services to citizens. 28 r r SOVEREIGN AND GOVERNMENTAL IMMUNITY The Fort Collins City Council recognizes that the complexity and diversity of City operations and services required to meet the needs of the citizens of Fort Collins may expose the City and its officers and employees to liability for damage and injury.The Council further recognizes that City officers and employees must be confident that they have the City’s support in the lawful and proper performance of their assigned duties and responsibilities. Therefore,the City Fort CoIling City Council supports the following policy statements: 1.Support legislation that protects the interests of municipalities and their officers and employees in the lawful and proper performance of their duties and responsibilities. 2.Support legislation that discourages baseless and frivolous claims and demands that can be made against municipalities and their officers and employees. 3.Oppose legislation that expands or increases municipal liability,or,conversely, further limits municipal immunity. SPECIAL IMPROVEMENT DISTRICTS The City of Fort Collins intends to maintain special improvement districts as a viable financial tool for needed infrastructure improvements.It provides adequate and accurate disclosure to investors purchasing special assessment bonds. The City Council of tho City of Fort Collins supports the following policy statements: 1.Support the ability of local government to create special improvement districts. 2.Support legislation that facilitates the collection of delinquent assessments and strengthens or maintains the lien position of those assessments. 3.Support legislation that enables lien-holders to foreclose special assessment liens quickly and reduce carrying costs. 4.Support any reduction in the complexities of obtaining clear title to properties acquired through the Treasurer’s Deed process. 29 r 0 TELECOMMUNICATIONS The Fort Collins City Council encourages the development of advanced telecommunication services and systems to enhance economic development,public policy development,and citizen involvement in the community and in local government. Therefore,the City Fort Collinc City Council supports the following policy statements: 1.Support public access to municipal and community information in order to promote citizen involvement in the community and local government.Greater public access to broad and diverse information will promote deliberative democracy and will enhance public policy development. 2.Support legislation that protects the individual right to privacy and the right of access to public records for citizens using the information infrastructure. Note:when using the world-wide-web user privacy will be respected and the government will not compile profile information to identij5~’the user 3.Support universal access to telecommunications services by all citizens,as well as by the commercial,educational and governmental sectors. 4.Support an open marketplace for telecommunications services in a competitively neutral environment. Note:The City will not give any advantages to one company over another. An integral component of this open marketplace is the appropriate application of regulations to functionally equivalent telecommunications services as permitted by law.Therefore,the City strongly supports the preservation of local authority in relation to matters of local impact,including: 1.Support establishing zoning requirements and siting standards for siting above ground telecommunications transceiver structures such as antenna towers and satellite dishes; 2.Support efficiently and safely managing local public rights of way,by requiring adherence to construction standards,permitting,scheduling,and providing for full cost recovery; 30 (r 3.Support adhering to customer service standards that are not otherwise provided for at the federal or state levels; Note:Federal and State legislation may have customer service standards that companies must comply with.hi some cases,local government may want to add standards that are not covered by the federal or state government especially ~f there are on-going problems in some services delivety area. 4.Support mitigating negative impacts on local infrastructures (such as streets); recovering costs associated with rights-of-way maintenance;and managing methods of facilities installation (pedestals,overhead,underground); 5.Support collecting tax revenues as permitted by law from merchandise purchases made via electronic media; 6.Support preserving local taxing authority over communication providers to the full extent that other businesses are subject to such authority. 7.Support granting franchises to telecommunication companies providing such authority helps ensure the local government’s ability to negotiate,in the public interest,for cable channel space,institutional networks and public,educational and governmental programming. 8.Support the use of public streets and other rights-of-way (ROW)for the installation of telecommunications facilities to engage in private,for-profit enterprise demands a fair payment for the use of public assets as permitted by law. 9.Support the application of fair and reasonable fees in a competitively neutral and nondiscriminatory manner for all users of the rights-of-way including telecommunications service providers. 10.Such fees should fully recover the City’s direct and indirect costs related to the use of the ROW,such as street maintenance and replacement,and they should compensate the City for the fair value of the property interest that is being provided. 11.Support the City safeguarding citizens against market inequities by maximizing their ability to utilize and facilitate access to telecommunications resources. Recognizing that telecommunications resources have considerable value. 12.In order to provide the best possible government and educational services,the City will continue to enhance and advance its own internal use of telecommunications.To meet these objectives,telecommunications infrastructure and services may be provided through activities of the City and/or Platte River Power Authority. 31 r 13.Support adequate spectrum allocation of public radio frequencies for public safety,emergency services,public works and other public use is vital to the City’s ability to safeguard citizens.The City will continue to monitor and negotiate for appropriate allocation of all telecommunications resources. 14.Support legislation to charge for the cost of acquisition,compilation,provision of,or access to,electronic and hardcopy public data and information. TRANSPORTATION The City of Fort Collins is interested in issues that impact the transportation of people and commodities via all modes.The City’s policy is to encourage the use of alternative transportation whenever appropriate with the goal of reducing the growth of vehicle miles traveled (vmt)to less than or equal to the population growth rate. Therefore,the City Fort Coiling City Council supports the following policies: 1.Support cooperative programs among local governments and federal,state, and county agencies to help meet basic transportation needs,such as transportation demand management programs,transit,street,highway,road and bridge construction and maintenance,and safe corridors for bicyclists and pedestrians. 2.Support the current allocation formula of 60%state,22%counties,and 18% municipalities for Highway User Tax Fund (HUTF)revenues.Support legislation to share back with local governments any appropriation for transportation from the state on the same formula basis as now applies to HUTF:60-22-18. 3.Support legislation to fund analysis and implementation of the linkages between commuters and rail/transit alternatives. 4.Support legislation that facilitates regional planning for alternative transportation and a modal shift of 10%from single occupant vehicle usage to alternative modes of travel. 4.Support legislation that increases funding for transportation with flexibility for all transportation modes. 5 Support release the full appropriation and utilization of federal transportation trust funds and motor fuel taxes for their transportation purposes. 32 r 6.Support Iimit3tion on the elimination of off-the-top diversions for the State Patrol and for the Ports of Entry from the Highway Users Tax Fund.Support changing budget support for these functions to the state general fund to allow HUTF monies to flow to the direct transportation needs for which they are intended. WATER UTILITIES The Fort Collins City Council recognizes the critical importance of maintaining drinking water,storm-water and wastewater utility services in a financially sound, reliable,safe,and environmentally acceptable manner.The City supports legislative measures to further this goal. Since Fort Collins’Water Utilities is governed by City Council,an elected board, it is important to maintain the greatest degree of local control over planning and operation.To that end,it is important to minimize legislative and regulatory impacts on the operations of the utility,thereby allowing local government to act in its own best interests. As a business,it is necessary to maintain and enhance the utility’s competitive advantage.Furthermore,it is also important to balance economic growth with quality of life,including protection of the environment. Therefore,the City Fort Collinu City Council supports the following policy statements: 1.Support legislation that reasonably limits liabilities of the Water,Storm-water and Wastewater operations. 2.Support legislation that maintains the authority delegated to the state to administer federally mandated water,storm-water and wastewater environmental regulatory programs (primacy) 3.Support water quality legislation that results in reasonable water quality control regulations that are cost effective and can show identifiable benefits. 4.Retain the existing policy and procedure for appointment of directors for water conservancy districts. 5.Support legislation that enables local development of watershed protection efforts. 6.Support legislation that encourages cooperation between the City of Fort Collins water utilities and other water and wastewater treatment providers. 33 (r A, W~1ei 1.Support legislation that limits the federal government’s ability to affect water rights other than through procedures established under Colorado’s appropriation doctrine. 2.Support adequate state and federal funding of mandated programs under the Safe Drinking Water Act. 3.Oppose any drinking water legislation or regulations that are not founded on sound and comprehensive scientific research. 4.Oppose any drinking water legislation or regulations that do not consider the potential impact of the proposed legislation or regulation on other contaminants and contaminant removal processes Wastewater _____ 1.Support adequate state and federal funding of mandated programs under the Clean Water Act. 2.Support water quality legislation that provides states with more flexibility to tailor federal legislation and regulations to local conditions. 3.Oppose any clean water legislation or regulations that are not founded on sound and comprehensive scientific research. 4.Oppose any clean water legislation or regulations that does not consider the potential impact of the proposed legislation or regulation on other contaminants and contaminant removal processes. 34 r C 0 WORKERS’COMPENSATION The City of Fort Collins City Council recognizes the dual purpose of the workers’ compensation system -providing benefits promptly to injured employees in a cost-effective manner,and minimizing costly litigation.Council also recognizes that the City’s self-insurance program is a cost efficient method to insure workers’compensation and that government intervention or taxation can negatively impact the City. Therefore,the City Fort Collins City Council supports the following policy statements: 1.Support legislation that improves administrative efficiency of the Division of Workers’Compensation. 2.Oppose legislation that increases insurance premium costs to employers. 3.Oppose legislation that would add administrative burdens or taxes to self-insurance programs. 4.Oppose legislation that would promote litigation. \\ExEc_NET\voL2\MGR5\Brown 2000\Legislative Review committee\2OO1_Master~Leg_Agenda.doc 35