HomeMy WebLinkAbout1999-122-10/19/1999-ADOPTING THE CITYS 2000 LEGISLATIVE AGENDA RESOLUTION 99-122
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE CITY'S 2000 LFIGISLATIVE 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 2000 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 2000
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 19th day
of October, A.D. 1999
j
-Mayor
ATTEST:
lm�
City Clerk
Exhibit A
City of Fort Collins
2000 Legislative
Agenda
Contents
Part I — Executive Summa Pages
A. Air Quality 1- 4
B. Cultural Services
C. Education
D. Environmental Quality
E. Federal Budget
F. Finance
G. Fire Protection
H. Hazardous Materials 2
I. Home Rule
J. Investments
K. Library Services
L. Light and Power
M. Retail Wheeling
N. Municipal Utility Service Territory
O. Natural Areas &Open Lands
P. Parks &Recreation 3
Q. Planning& Land Use
R. Privatization
S. Public Safety& Violence Prevention
T. Public Safety Pensions
U. Recycling& Solid Waste
V. Sales &use Tax
W. Sovereign &Governmental Immunity
X. Special Improvement Districts 4
X. Telecommunications
Y. Transportation
Z. Water Utilities
AA. Worker's Compensation
Part II — Detailed Agenda... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ......4 — 29
A. Introduction 5
B. Legislative Review Committee C. Legislative Review Committee Members 5 5
D. Service Areas
1. Air Quality 7
2. Cultural Services 8
3. Education 9
4. Environmental Quality 9
5. Federal Budget 9
6. Finance 11
7. Fire Protection 12
8. Hazardous Materials Management 13
9. Home Rule 13
10. Investments 14
11. Light and Power 14
12. Municipal Utility Service Territory 18
13 Natural Areas and Open Lands 18
14. Parks &Recreation 19
Service Areas cent...... ......... ...... ... ...... ........
15. Planning&Land Use
16. Privitatization 20
17. Public Safety&Violence Prevention 20
18. Public Safety Pensions 21
19. Recycling&solid Waste 22
20. Sales & Use Tax 22
21. Sovereign &Governmental Immunity 23
22. Special Improvement Districts 23
23. Telecommunications 24
24. Transportation 24
25. Water Utilities 26
26. Worker's Compensation 27
28
City of Fort Collins
2000 Legislative Agenda
Executive Summary
Part 1
AIR QUALITY Fair funding mechanisms that provide real dollars and are not
regressive
Support Consideration of other viable funding options
State and Federal standards that improve air quality and public .;. Imposing school impact fees,consistent with the Governor's
health protection. Smart Growth recommendations.
Encouragement of regional planning efforts
The ability of County and State Health Departments to have a ENVIRONMENTAL QUALITY
the responsibility,authority and resources necessary to enforce Support
regulations adopted by the Colorado Air Quality Control pp
Commission Flexible application of financial resources
Enforcement of County,State and Federal air quality regulations
Local efforts to plan and regulate the interrelationships of land
:• ••• use,transportation and air quality.
Using economic incentives and disincentives,removing hidden Oppose
p
cost subsidies to motor vehicle users etc.in order to facilitate pp Preemption of local authority to adopt environmental and land
.;.
the reduction of vehicle miles traveled. use ordinances.
Inspection/maintenance legislation that contributes to the
v
reduction of tailpipe emissions per mile and helps prevent total Restriction of local government environmental and land useauthorit now authorized by the Colorado Constitution
vehicle emissions from increasing after the year 2000 without Y
unreasonable compliance costs. FEDERAL BUDGET
s More stringent tailpipe standards
Establishment of equal standards for cars,light trucks and sport Support
utility vehicles Equitable review and treatment of all federal programs during
Fuel neutral standards for gasoline and diesel that decrease the budget process.
sulfur content of fuels and that promote advanced low emission Critical review and updating of federal tax expenditures.
vehicle technology Postponement of tax cuts until federal budget is balanced and
Increased fuel efficiency of motor vehicles responsible funding levels for social security and Medicare are
Increased energy efficiency and use of renewable energy resolved.
resources(excluding residential woodburning) Direct federal to local funding for high priority local needs.
Economically reasonable Pollution prevention measures Balanced budget and reduction of national debt.
Colorado's self-audit law Oppose
Oppose Local programs bearing larger proportion of federal program
Restricting local governments authority to improve air quality reductions.
beyond minimum state or federal requirements Federal budget cuts that result in higher burdens being placed
on cities and towns.
CULTURAL SERVICES Converting local assistance to state or federal control
Altering accounting, procedural or budget rules in place of actual
Support�.• Funding for cultural services for the education,entertainment deficit reduction
and enrichment of the community. FINANCE
s• The creation and presentation of the arts.
Strengthening the role of culture and the arts in our educational Support
system. Maintaining existing and providing additional financing methods
Preserving our cultural heritage for local government to support provision of municipal services.
Public access to and awareness and appreciation of the arts. Public and private economic development efforts that are
consistent with the City's economic development policies
EDUCATION (benefits should be shown to exceed costs).
Equitable policies among taxing jurisdictions when offering
Support financial incentives to business.
Funding for K-12 and higher education
1
Removal or modification of key provisions of Article X, Section INVESTMENTS
20, due to the inability to receive user fees for services that Support
residents and customers desire. Protection of investments by government entities.
Equitable tax treatment of sales and use taxes to residents and •:• Adequate investment disclosure.
corporations residing or doing business in cities and towns Oppose
whether e-commerce, telephone,or mail order goods. Requirement of municipalities to participate in investments that
Voter approval for increasing tax rates or base to
do not meet the objectives set fort in the City's policies.
provide replacement funding for the to City's revenue
base. Any restrictions on the City's abilities to adopt its own
Oppose investment policies.
State mandated reductions to property tax base without specific
revenue replacement provisions. LIBRARY SERVICES
Reduction of City's sales and use tax revenue base Support
State limitations on the ability to audit local taxpayers for Providing library services to people of all ages,abilities, income
compliance with tax and regulatory ordinances. levels and ethnicity.
Limitations on the use of franchise fees and user charges for °•• Intellectual freedom and access to information.
businesses that conduct business within public rights of way. Funding library services
Providing children and adults with the skills they need to read to
FIRE PROTECTION proficiently and to use the information resources available in a
Support modern, global information society.
A minimum standard for fire code enforcement in existing and
newly constructed structures(Uniform Fire Code should be UTILITIES
1997 or later).
Municipalities imposing more restrictive standards for fire code LIGHT AND POWER -Support
enforcement. ❖ Net Metering legislation that addresses safety,cost recovery
Municipal, county and fire district control regarding the and proper energycreditas a way to promote renewable energy.
prohibition and of use and sale of all fireworks.
Fire safety education that leads to the prevention of injury, loss RETAIL WHEELING•Support
of life and property damage. The constitutional and statutory right of consumer-owned utilities
to establish their own rates.
HAZARDOUS MATERIALS MANAGEMENT Local control for rates, terms and conditions if retail wheeling
Support service is offered by a municipality.
Municipal control of risks associated with the use,storage, and Distribution utility retaining the right to meter and bill all
transportation of hazardous materials. customers.
Environmental impact assessments, health risk assessments Retaining the right to investigate and claim recovery for energy
and receipt of a Certificate of Designation from counties or diversion.
municipalities,to establish new hazardous waste incineration Retain the right to disconnect service for nonpayment.
facilities. ❖ All industry sectors being subject to identical requirements
Pollution prevention programs concerning open meetings and public records.
Enforcement and strengthening of state hazardous materials Full recovery of costs associated with the ownership of the
regulations. distribution system that delivers the electric supply to the retail-
Oppose wheeling customer.
Restricting the City from adopting local strategies for hazardous Requiring the customer to secure back-up power.
materials and waste reduction. ❖ Requiring industry participants not to engage in unfair
Restricting the City's ability to review and approve the location of competitive practices
facilities that use or store hazardous materials or waste. •:' Promotion of reliable and quality service.
❖ Giving the incumbent a right of first refusal to match any offer to
provide comparable power at comparable prices.
Oppose
HOME RULE ❖ Any federal or state mandate requiring municipal utilities to
Support implement retail wheeling.
Strengthening home rule authority of local municipal ❖ Duplication of distribution facilities
governments. Creating retail competition in Colorado until states adjacent to
Oppose
Colorado create competitive retail markets.
❖Mandating state or federal intervention in matters of local Mandating an "effective date."
concern MUNICIPAL UTILITY SERVICE TERRITORY
❖ Limiting the City's ability, as a home rule municipality, to Support
regulate the possession or use of firearms or other deadly ❖ Allowing citizens the ability to determine the level and extent of
weapons. municipal services they will receive.
2
Oppose Oppose
•: Limiting a municipalities right to annex or to provide municipal s Legislation that limits our ability to generate alternative sources
utility services to any of its citizens. of funding, especially through public-private partnerships.
Legislation that limits the City's ability to regulate and manage
NATURAL AREAS& OPEN LANDS affordable housing issues as the Fort Collins Housing Authority.
Support
Tax incentives for voluntary land conservation by private PRIVATIZATION
landowners. Support
Additional funding for state and federal land conservation Provision of services through private enterprise when in the
programs. public good.
Oppose Local control for awarding contracts
Restricting local government environmental and land use Oppose
regulatory authority. Mandates that increase the complexity and cost of service
Reducing the effectiveness of existing federal and state without improving those services.
protection for wetlands,wildlife habitats,and other sensitive
natural areas. PUBLIC SAFETY &VIOLENCE PREVENTION
Support
OBSOLETE SUBDIVISIONS, VACATION OF
Reducing incidents of violence especially youth violence.
Support Development of treatment and intervention programs for youth
Review of all subdivisions up to 160 acres, by the County,to violence.
allow jurisdictions to vacate obsolete plats and subdivisions, +:• Greater protection for victims of domestic violence.
where appropriate. + The City's right to use camera radar and to establish financial
penalties associated with its use.
PARKS& RECREATION te Continuing the current law regarding permits to carry concealed
Support weapons.
Funding for parks,trails, forestry, horticulture and recreation •:• Financing of a statewide communications program.
services and facilities. Oppose
The Colorado Lottery and its current distribution of lottery Programs that compromise officer's safety,support drug use
proceeds and do not have a proven track record in reducing drug abuse.
Great Outdoors Colorado and full funding for municipal Limiting local access to State data banks/motor vehicle records
government projects,with maximum local discretion regarding for communities that do not comply with photo radar legislation
local needs and priorities.
Partnerships that improve the provision of parks and recreation PUBLIC SAFETY PENSIONS
services and facilities to the community.
❖ Promoting programs for youth and at-risk teens and for persons Oppose
with disabilities. ❖ Reducing the current state funding of these benefits
Shifting funding of these benefits to local governments beyond
PLANNING & LAND USE current proportions.
Support RECYCLING &SOLID WASTE
Establishment of programs to remove barriers to effective local Support
land use planning and land development. ❖ Integrated waste management plan for Colorado
Establishment of programs that promote intergovernmental or Incentives and funding for efforts by local government and
regional cooperation in land use planning and land development private enterprise
regulation. Procurement of products made from recycled materials by
A baseline of consistent and coordinated basic land use and federal,state and local government.
transportation planning. Expanding state and regional markets for materials collected in
Oppose local recycling programs.
o Limiting local government authority to regulate land broadening the regulatory authority of local government to
development. ensure the efficient collection and processing of recyclable
Extending the definition of a compensable taking beyond the material and solid waste.
provisions of existing court decisions and case law. Establishing a goal for Colorado's rate of diversion of its waste
❖ Broadening the definition of vested property right beyond the stream from landfill disposal.
provisions of current state law. 4 State involvement regarding monitoring data on trash volumes
AFFORDABLE HOUSING and rates of diversion from landfill disposal.
Support Implementation of"pay as you throw'programs throughout
3 Involvement by state and federal governments in order to Colorado.
maintain current levels of HUD funding. Oppose
Limiting local government the ability to regulate the activities of Maximizing the City's ability to access telecommunication
private waste or recycling collectors. resources.
Limiting local government the ability to provide waste or ❖ Adequate allocation of public radio frequencies for public safety,
recycling collection or processing services to citizens. emergency services, public works, etc.
The ability to charge for the cost acquisition,compilation,
SALES& USE TAX provision of or access to,electronic and hardcopy public data
Support information.
Local control over base,rates,collections and administration of TRANSPORTATION
sales and use taxes. Support
S• Cooperative audits by governmental agencies. ❖ Meeting basic transportation needs via cooperation between
Oppose local,county,state and federal governments.
Creating state sales and use taxes exemptions that would Current Highway User Tax Fund (HUTF)allocation of 60%state,
contradict current local interpretations. 22%counties and 18%municipalities.
Preempting local authority to impose and collect sales and use Share back with local governments any appropriation for
taxes. transportation from the state using the 60-22-18 formula.
:• Fund analysis and implementation of the linkages between
SOVEREIGN & GOVERNMENTAL IMMUNITY commuters and rail/transit alternatives.
Support :• Regional planning for alternative transportation and reduction in
4• Protecting the interests of municipalities in the lawful and proper single occupant vehicle usage.
performance of their duties and responsibilities. Increased funding for transportation with flexibility for all modes
Discouraging claims and demands that can be made against of transportation.
municipalities. -:• Use of federal transportation trust funds and motor fuel taxes for
Oppose federal,state or local transportation purposes.
❖ Increasing municipal liability. ❖ Highway Users Tax Fund(HUTF)monies flowing directly to the
transportation needs for which they are intended by changing
SPECIAL IMPROVEMENT DISTRICTS budget support to the state general fund for the Colorado State
Support Patrol and Ports of Entry, rather than the current practice of"off
Local governments ability to create special improvement districts the top"diversions from HUTF.
Collection of delinquent assessments WATER UTILITIES
Strengthening the lien position of assessments
Lienholders to foreclose special assessment liens quickly and Support•General
reduce carrying costs. ❖ Reasonable limitation of liability for Water, Stormwater and
Reducing the complexities of obtaining clear title to properties Wastewater operations.
acquired through the Treasurer's Deed process. ❖ Legislation that maintains the authority delegated to the state to
administer federally mandated water,stormwater and
TELECOMMUNICATIONS wastewater environmental regulatory programs(primacy).
Reasonable water quality control regulations that are cost
Support effective and can show identifiable benefits.
•S Public access to municipal and community information :• Election of directors for water conservancy districts.
Individual right to privacy and the right of access to public Local development of watershed protection efforts.
records for citizens using the information infrastructure. Cooperation between City Water Utilities and other water and
Universal access to telecommunications services by citizens, wastewater treatment providers.
commercial, educational and governmental sectors. Support—Water
Open marketplace for telecommunications services in a Maximizing local control efforts for water conservation activities.
competitively neutral environment. ❖ Limiting the federal government's ability to affect water rights
Local control for: State and federal funding of mandated programs under the Safe
1. Zoning requirements and siting standards for Drinking Water Act.
above ground telecommunication transceiver Oppose—Water
structures. •: Any legislation not founded on sound and comprehensive
2. Local public rights of way scientific research.
3. Adhering to customer service standards Any clean water legislation or regulations that do not consider
4. Mitigating negative impact on local infrastructures the impact on other contaminants and the contaminant removal
5. Recovering costs associated with rights of way process.
maintenance.
6. Managing methods of facilities installation. Support—Wastewater
Granting franchises to telecommunication companies. ❖ State and federal funding of mandated programs under the
Rights of Way(ROW)for the installation of telecommunications Clean Water Act
facilities to engage in private,for profit enterprise demands a fair Providing the state with the flexibility to tailor federal legislation
payment for the use of public assets as permitted by law. and regulations to local conditions.
4
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
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11EXEC_NETIVOL2IMGRS1BrownILRCIRevisedlegislative agenda.doc
5
Part 2
THE COUNCIL OF THE
CITY OF FORT COLLINS
2000 LEGISLATIVE AGENDA
October 19, 1999
CITY OF FORT COLLINS
1999 LEGISLATIVE AGENDA
TABLE OF CONTENTS
Pages
Introduction......................................................................................... 10
Fort Collins' Legislative Review Committee....................................... ......10
Legislative Review Committee Members............................................. ....11
1. Air Quality..................................................................................... 12
2. Cultural Services ...........................................................................................13
3. Education ..................................................................................................... 14
3. Environmental Quality..................................................................................14
4. Federal Budget..............................................................................................14
5. Finance..........................................................................................................16
6. Fire Protection ..............................................................................................17
7. Hazardous Materials Management..............................................................19
8. Home Rule.....................................................................................................19
9. Investments...................................................................................................19
10. Light and Power
NetMetering..........................................................................................19
RetailWheeling.....................................................................................19
Tax-Exempt Financing .........................................................................22
11. Municipal Utility Service Territory...............................................................23
12. Natural Areas and Open Lands....................................................................23
13. Obsolete Subdivisions, Vacation of............................................................24
14. Parks and Recreation..................................................................................24
15. Planning and Land Use/Affordable Housing.......................................25
17. Public Safety and Violence Prevention...................................................... 26
18. Public Safety Pensions................................................................................ 26
19. Recycling and Solid Waste ......................................................................... 27
20. Sales and Use Tax ....................................................................................... 28
21. Sovereign and Governmental Immunity..................................................... 28
22. Special Improvement Districts.................................................................... 29
23. Telecommunications. .................................................................................. 29
24. Transportation.............................................................................................. 31
25. Water Utilities............................................................................................... 32
26. Worker's Compensation.............................................................................. 33
8
i
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 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. This was adopted by the electors of the
city on October 5, 1954.
9
INTRODUCTION
2000 LEGISLATIVE AGENDA
The City of Fort Collins' 2000 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. This
Agenda has been adopted by our 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
2000 Agenda were developed in advance of the 2000 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 2000 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.
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 to
legislation. Legislation which 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.
The Council members presently serving on the Legislative Review Committee
are:
♦ Mayor Ray Martinez, Chair
♦ Karen Weitkunat
♦ Kurt Kastein
The Committee is supported by staff with expertise in various technical areas.
The City works closely with the Colorado Municipal League on all legislative
items.
10
F�
LEGISLATIVE REVIEW COMMITTEE MEMBERS
Council Members
Ray Martinez Mayor 221-6505
Karen Weitkunat Council member 221-6505
Kurt Kastein Council member 221-6505
Staff Members — Office of the City Manager
John Fischbach City Manager 221-6505
Diane Jones Deputy City Manager 221-6505
Ginny Brown Legislative Affairs Coordinator 221-6796
Staff Member— City Attorney's Office
Steve Roy City Attorney 221-6520
Staff Members — City of Fort Collins Service Areas
Guy Boyd Director of Administrative Services,
Poudre Fire Authority 221-6570
Stewart Ellenberg Risk Manager 221-6774
Marty Heffernan Assistant to the Director of Cultural, Library
and Recreational Services 221-6064
Alan Krcmarik Finance Director 221-6788
Rita Davis Senior Project Manager, Police Services 221-6628
Rondall Phillips Director of Transportation Services 221-6615
Tom Shoemaker Natural Resources Director 221-6263
Michael Smith Utility Services Director 221-6681
Liz Stroh Integrated Resources Manager, IT 221-6522
Tom Vosburg Community Planning and Environmental
Services Policy Analyst 221-6224
Kevin Wilson Fire Marshall, Poudre Fire Authority 221-6570
Brian Woodruff Environmental Planner 221-6604
I1
I AIR QUALITY
2
3 The City's adopted Air Quality Policy Plan established a strong overall air quality goal,
4 "to continually improve Fort Collins air quality as the City grows," and defined a policy
5 framework for continuing actions to improve air quality. Several of these policies
6 support taking a position on air quality matters that may impact the city.
7
8 The City supports adoption of state and federal standards that provide for improved
9 public health protection and improved air quality. The City supports adoption of
10 standards that are stringent enough to protect regional air quality, because air sheds do
11 not respect urban boundaries. The City opposes adoption of standards that constitute a
12 weakening of current air quality standards.
13
14 • The City opposes any action of the State Legislature that restricts local government
15 authority to improve air quality beyond Minimum State or Federal requirements.
16
17 ■ The City supports legislation that encourages regional planning efforts for regional
18 issues that cannot be solved through City action in isolation e.g. the brown cloud.
19
20 The City's adopted objective for commercial and industrial sources are to reduce total
21 emissions from such sources. The City does not, however, enforce State regulations on
22 stationary air pollution sources, but rather continues to rely upon the Colorado and
23 Larimer County Health Departments to assure that local sources comply with Colorado
24 Air Quality Control Commission regulations.
25
26 The City supports legislation to assure that the State and County Health
27 Departments have adequate responsibility, authority, and resources (funding and
28 personnel) to enforce regulations adopted by the Colorado Air Quality Control
29 Commission.
30
31 The City supports legislation that assures the enforcement of Federal, State, and
32 County air quality regulations.
33
34 The City's adopted objective for motor vehicles is to prevent total vehicle emissions from
35 rising after year 2000, by reducing the growth rate of total vehicle-miles of travel, and by
36 reducing tailpipe emissions per mile from motor vehicles.
37
38 The City supports legislation that uses the price mechanisms of the free market to
39 shift citizen and business travel behavior toward actions that reduce vehicle miles of
40 travel, including removing hidden cost subsidies to motor vehicle users, employing
41 economic incentives and disincentives, and other market approaches.
42
43 The City supports inspection/maintenance (I/M) legislation that will further reduce
44 tailpipe emissions per mile and help prevent total vehicle emissions from rising after
45 year 2000. The City is committed to working with other communities to craft future
46 I/M legislation that is flexible enough to allow each community to pursue its air
47 quality goals. To that end, the City participates with the North Front Range
48 Transportation and Air Quality Planning Council in a committee process to evaluate
49 inspection and maintenance needs.
50
12
51 At the federal level, the City supports legislation and regulations that make tailpipe
52 standards more stringent, that establish equal standards for cars, light trucks and
5 3 sport utility vehicles, that set fuel neutral standards for gasoline and diesel that
54 decrease sulfur content of fuels and that promote advanced low emission vehicle
55 technology.
56
57 ■ The city supports legislation and regulations that increase the fuel efficiency of motor
58 vehicles, and supports ongoing research to improve the safety of smaller vehicles.
59
60 ■ The City will support legislation and regulations that increase energy efficiency and
61 the use of renewable energy sources excluding residential wood-burning in order to
62 reduce the impact by the Fort Collins community on global warming.
63
64 ■ The City supports legislation and regulations that promote pollution prevention.
65
66 • The City supports Colorado self-audit law.
67
68
69 CULTURAL SERVICES
70 The City recognizes that art and culture are vitally important to the quality of life
71 of our community and is committed to providing the citizens of Fort Collins with
72 excellent cultural services.
73
74 Therefore, the Council of the City of Fort Collins supports the following policy
75 statements:
76 Supports funding for cultural services for the education, entertainment and
77 enrichment of the community.
78 Supports the creation performance and presentation of the arts.
79 Support strengthening the role of culture and the arts in our educational
8o system.
81 ■ Support preserving our cultural heritage.
82 ■ Supports public access to and awareness and appreciation of the arts.
83
84 LIBRARY SERVICES
85 The City recognizes the critical importance of free access to information
86 resources in a democratic society and is committed to providing the community
87 with excellent library services.
88 Therefore, the Fort Collins City Council supports the following policy statements:
89 - Support providing library services to people of all ages, abilities, income
90 levels and ethnicity.
91 ■ Support intellectual freedom and access to information.
92 • Supports legislation that enhances the City's ability to provide library services
93 for the interest, information, enlightenment and lifelong learning of all people.
94 ■ Support providing children and adults with the skills they need to read
95 proficiently and to use the information resources available in a modern, global
96 information society.
97 • Support funding for library services.
98
13
99 EDUCATION
ioo The Fort Collins City Council recognized that a well maintained and funded
101 educational system is critical to economic vitality and the continued health of the
102 community.
103 Therefore, the Fort Collins City Council supports the following policy statements:
104
105 ■ Support legislation for additional educational funding for K-12 and higher
106 education.
107
108 ■ Support the development of reliable and fair funding mechanisms, such as
109 graduated income taxes or regressive measures, that are real additional
110 dollars and not regressive.
I11
112 ■ Support the consideration of other viable funding options.
113
114 ■ Support enabling legislation to clearly provide for the local option to impose
115 school impact fees, consistent with the Governor's Smart Growth
116 recommendations.
117
its ENVIRONMENTAL QUALITY
119 The City of Fort Collins vigorously endorses principles and applies practices to enhance
120 the environmental quality of the City. The City is working toward environmental
121 solutions through cooperative efforts in dealing with land use, transportation, and air
122 quality (LUTRAQ) issues.
123
124 Therefore, the Fort Collins City Council supports the following policy statements:
125
126 • Support legislation that allows the flexible application of financial resources for
127 environmental needs.
128
129 ■ Support legislation that enables local efforts to plan and regulate the
130 interrelationships of land use, transportation, and air quality.
13]
132 • Oppose legislation that allows state preemption of local government authority to
133 adopt environmental and land use ordinances.
134
135 • Oppose legislation that restricts local government environmental and land use
136 regulatory authority as now authorized by the Colorado Constitution and Colorado
137 case law.
138
139
140
141 FEDERAL BUDGET
142 Five years ago, the City of Fort Collins recommended the need to balance the
143 annual federal budget and to reduce the level of Federal debt. Due to the
144 expansion of the U.S. economy and more prudent financial practices, at the
145 federal level, the annual budget is now in balance. The federal government can
146 now consider paying down some of the outstanding debt. Sound financial
14
147 practices and policies are critical to the economic future of the United States.
148 The City applauds the efforts of the Administration and Congress to improve the
149 financial position of the country, Now that the annual budget has been balanced,
150 the City recommends that Congress review its approach to the financial
151 management of the country.
152
153 To eliminate the deficit Congress made deep cuts in many programs, which support key
154 municipal priorities, while leaving some of the largest entitlement and discretionary
155 programs untouched. With regard to revenue side of the budget equation tax
156 cuts are now being considered that will reduce revenues available for local
157 governments even further.We believe this approach is inequitable and discriminatory
158 and Congress should modify its approach.
159 Fort Collins supports the National League of Cities Statement of Principles
16o regarding the federal budget and governance. These principles recognize the need
161 to make fundamental changes to reduce deficits and to make government more
162 effective and accountable. In addition we believe that addressing America's is
163 equally important. Therefore, all budget elements — all entitlement programs, tax
164 expenditures, revenues, defense and discretionary funding must be on the table
165 for equitable financial management. Maintaining a balanced budget and
166 reducing the debt must be balanced with the needs of the nation's states and
167 communities.
168
169 In the past,federal and local governments have worked cooperatively to help
170 meet basic needs, such as transit operations and capital improvements,
171 community development block grants, water quality monitoring, and crime
172 prevention. Progress has been made and such programs should not be cut
173 drastically These programs would survive and continue providing similar levels
174 of service with modest increases or maintaining their current funding levels' It is
175 essential to remember that federal dollars spent at the local level provide the
176 taxpayer with the most direct and recognizable benefit from their federal taxes.
177 Additional drastic, debilitating cuts in local federal spending will undermine any
178 belief that federal taxes benefit the taxpayer.
179
18o Therefore, the City of Fort Collins City Council supports the following budget guidelines:
181 All entitlement programs, including tax expenditures, revenues, and all discretionary
182 spending, must be "on the table" for discussion. All programs should be treated with
183 some equity in the budget process so that not just local programs bear the burden
184 of program reductions.
185
186 ■ Federal tax expenditures should be subject to review and change to assure that
187 these programs contribute, along with entitlement programs, to the balanced budget
188 in a manner consistent with all other expenditure programs.
189
190 ■ No discrimination or favoritism should be shown toward any economic or
191 demographic group.
192
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193 ■ Budget problems should not be made worse and left to be addressed by local
194 government. Disproportionate burdens should not be placed on cities and towns by
195 inordinately cutting discretionary programs.
196
197 ■ Direct assistance to cities and towns should not be converted to state control.
198
199 ■ Modification of accounting, procedural or budget rules should not continue to be
200 used to substitute for prudent financial management.
201
202 ■ Prior to making tax cuts, Congress should achieve a balanced federal budget that
203 includes, addresses, and sustains Social Security, Medicare and key state and local
204 programs.
205
206 FINANCE
207 The City of Fort Collins recognizes the complex financial issues facing local
208 municipalities. The Fort Collins City Council has adopted Financial and Management
209 Policies to establish guidelines for long-range financial planning and to help in preparing
210 the City's budget. With revenue growth limited by a 1992, amendment to the State
211 Constitution. (Article X, Section 20), it has become important to better manage the City's
212 resources. Strong fiscal planning, prudent debt financing and preservation of the City's
213 revenue base are vital in improving and maintaining the City's financial health.
214
215 Therefore, the Fort Collins City Council supports the following policy statements:
216 ■ Maintaining existing and providing additional financing methods for local government
217 to support provision of municipal services.
218 ■ Support legislation that promotes public and private sector economic development
219 efforts that are consistent with the City's economic development policies (benefits
220 should be shown to exceed costs).
221 ■ Equitable policies among taxing jurisdictions when offering financial incentives to
222 business
223 Support legislation that would remove or modify key provisions of Article X, Section
224 20 due to the inability to receive user fees for services that residents and customers
225 desire.
226 ■ Equitable treatment of sales and use taxes to residents and corporations residing or
227 doing business in cities and towns whether e-commerce, telephone or mail order
228 goods.
229 ■ Support a meaningful balanced study and discussion of Colorado state and local tax
230 policy.
231
232 Oppose State mandated reductions to current property tax structure without specific
233 revenue replacement provisions, unless property tax reductions are for use of
234 renewable energy.
235
236 Oppose legislation that reduces the City's revenue base and would subsequently
237 require voter approval for replacement funding.
238
239 FIRE PROTECTION
24o The Fort Collins City Council recognizes the critical importance of maintaining a safe
241 environment and protecting the lives and property of the citizens of Fort Collins from fire.
242
16
243 Therefore the Fort Collins City Council supports the following policy statements:
244
245 Support legislation adopting a State fire code, the code of choice being the Uniform
246 Fire Code, which establishes a State minimum standard for fire code enforcement in
247 existing and newly-constructed structures. Permit local option for municipalities to
248 impose more restrictive standards. U.F.C. adopted should be 1997 or later.
249
250 Support legislation that allows the City to continue prohibiting the use and sale of all
251 fireworks and support legislation that allows counties and fire districts to prohibit
252 and/or otherwise control fireworks.
253
254 Support legislation that promotes fire safety education and prevention for all city
255 residents with the goal of reducing injury,
256 loss of life and property damage.
257 HAZARDOUS MATERIALS MANAGEMENT
258 It is an important concern of the City to safeguard Fort Collins' health and environmental
259 safety by reducing risks from the unauthorized release of hazardous materials or
260 hazardous waste.
261
262 Therefore, the Fort Collins City Council supports the following policy statements:
263
264 Support legislation that allows the City to continue controlling risks from hazardous
265 materials use and storage and transportation through the adopted editions of the
266 Uniform Building and Fire Codes and related local amendments.
267
268 Oppose legislation that restricts the City's ability to review and approve the location
269 of facilities that use or store hazardous materials or hazardous waste.
270
271 Support legislation requiring environmental impact and health risk assessments to
272 be prepared, and receipt of a Certificate of Designation (CD) from counties or
273 municipalities, to establish new hazardous waste incineration facilities.
274
275 Support legislation to encourage pollution prevention programs (P2) as preferred
276 hazardous materials and hazardous waste management strategies.
277
278 Support legislation that strengthens the enforcement of state hazardous materials
279 regulations.
280
281 Oppose legislation that restricts the City from adopting local strategies for hazardous
282 materials and waste reduction.
283
284 HOME RULE
285 The City Collins is a home rule municipality. We strongly believe in the
286 importance of Article XX of the Colorado Constitution. Article XX grants home rule
287 municipalities "full right of self-government in local and municipal matters." Home rule is
288 of utmost importance to the City of Fort Collins, and is a concept that the City generally
289 fights strongly to protect.
290
291 The Fort Collins City Council believes that the principle of home rule authority affords
292 the citizens of Fort Collins:
17
293 ■ greater access to local government;
294 ■ greater opportunity for participation in and contribution to the decision making
295 process.
296 Thereby, enhancing the quality of life in the community and the ability of local
297 government to respond to the needs of its citizens.
298
299 Therefore, the Fort Collins City Council supports the following policy statements:
300
301 ■ Support legislative efforts to strengthen home rule authority of local municipal
302 governments.
303
304 ■ Oppose legislation that mandates State or federal intervention in matters of local
305 concern and which unnecessarily or adversely affects the City's ability to manage
306 pursuant to its home rule authority.
307
308
309 Oppose any legislation that would limit the City's ability, as a home rule municipality,
310 to regulate the possession or use of firearms or other deadly weapon.
311
312 INVESTMENTS
313 The Fort Collins City Council has adopted investment policies to be used by the City.
314 The policies are reviewed and updated periodically to ensure the quality of portfolio,
315 maintain liquidity and to maximize the earnings of the portfolio.
316
317 Therefore, the Fort Collins City Council supports the following policy statements:
318
319 Support legislation designed to protect the investments of government entities.
320
321 Support legislation that provides for adequate investment disclosure including
322 market value reporting.
323
324 ■ Oppose any legislation that would require municipalities to participate in investments
325 that do not meet the objectives set forth in the City's policies.
326
327 • Oppose restrictions on the City's ability to adopt its own investment policies.
328
329 LIGHT AND POWER
330 Net Metering
331 Net Energy Metering is a method of measuring the net amount of electricity a customer
332 would use if they were to receive electricity from a utility and also from a generation
333 source of their own (solar cells, natural gas generators, etc.). A single electric meter
334 would measure the electric energy flowing into the customers' premises which would be
335 reduced if the customer were adding their own generation to their supply. If the
336 customer's generation produced more energy than they consumed, the excess power
337 would flow into the utility system and the meter would run backwards reflecting a
338 negative net energy flow.
339
340 In 1997 Colorado State House Bill 1305 titled "A BILL FOR AN ACT CONCERNING
341 NET ENERGY METERING FOR ELECTRIC POWER" was introduced by
342 Representative Mark Udall in the House Transportation and Energy Committee. The bill
18
343 did not make it out of committee and, at that time, was opposed by the Colorado
344 Association of Municipal Utilities (CAMU) for reasons related to deregulation issues, not
345 the bill per se. It is expected that the legislature will again take up legislation on Net
346 Metering.
347
348 It is the position of the Fort Collins Electric Board that City Council should support net
349 metering legislation as a way to promote renewable energy if the following items are
350 addressed:
351 1. Safety -- for the protection of Utility Employees and the public the facility must be
352 in accordance with applicable codes and standards. These include National
353 Electrical Code and Utility requirements;
354 2. Cost recovery -- reasonable fixed costs of transmission, distribution and
355 generation backup are recovered from the customers on the program; and
356 3. Energy Credit -- that generated energy from the customer would be credited at the
357 appropriate cost reduction to the Utility.
358
359 Retail Wheeling
360 Retail wheeling permits delivery of electric power to customers from a third party over
361 the local distributor's lines. The City of Fort Collins does not oppose retail wheeling per
362 se. However, the City of Fort Collins has adopted guidelines developed by the Colorado
363 Association of Municipal Utilities (CAMU) to guide the discussion of retail wheeling in
364 Colorado.
365
366 The Colorado electric utility industry has always delivered high-quality, reliable power at
367 comparatively low rates. the 29 municipally-owned electric systems in Colorado, which
368 supply electric service to over 600,000 citizens, are concerned about the impact that
369 retail wheeling may have on our state and this industry. While the Colorado Association
370 of Municipal Utilities (CAMU) favors the availability of low cost electric supply to all
371 customers, there are several issues that must be resolved before retail wheeling can
372 become a service of benefit to Colorado consumers and the Colorado electric industry.
373 The electric utility industry is currently very unsettled with active debate being carried on
374 about a number of serious issues, including FERC jurisdiction over transmission access,
375 the potential disposition of federal hydro power facilities, mergers and acquisition, etc.
376
377 Therefore, specific legislation mandating retail wheeling is premature.
378
379 It is imperative, due to the broad public policy implications, that state official and affected
380 interests study the benefits, risks, implications, and impacts of retail wheeling on the
381 customers of Colorado guided by the following principles:
382
383 1. We oppose any federal and/or state mandate requiring municipal utilities to
384 implement retail wheeling. In order to preserve local control, municipal utilities must
385 be given a local control choice option to determine the extent to which retail wheeling
386 may be implemented and the rules governing implementation.
387
388 2. Customers that may be unable to take advantage of retail wheeling (residential,
389 commercial and small industrial customers) must be protected from adverse rate
390 effects.
391
19
392 3. The constitutional and statutory right of consumer-owned utilities to establish their
393 own rates must be retained.
394
395 4. Rates, terms and conditions for retail wheeling service offered by municipally-owned
396 utilities must be established by the local governing body. The provisions of C.R.S.
397 Article 40-3.5-101, et seq. must apply to wheeling rates for service outside municipal
398 boundaries.
399
400 5. For reasons of health, safety, aesthetics and the rational and efficient use of the
401 public right-of-way, any retail competition legislation must prohibit the unnecessary
402 and economically wasteful duplication of distribution facilities. Customers must not
403 be allowed to bypass the facilities of the incumbent utility.
404
405 6. The distribution utility must retain the right to meter and bill all customers (including
406 retail wheeling customers), retain the right to investigate and claim recovery for
407 energy diversion, and retain the right to disconnect service for non-payment.
408
409 7. All industry sectors must be subject to identical requirements concerning open
410 meetings and public records.
411
412 8. Full recovery of the costs associated with the ownership of the distribution system
413 that delivers the electric supply to the retail wheeling customer must be allowed.
414 These costs include operation and maintenance, depreciation, system upgrades,
415 administrative costs, franchise fees, payments in lieu of franchise fees and taxes,
416 return on investment, and the costs associated with government mandated programs,
417 including for example, low-income energy assistance, demand side management,
418 and environmental programs.
419
420 9. The responsibility of the retail wheeling customer to secure back-up power must be
421 clarified to ensure the integrity of the system for the protection of the other
422 customers receiving service over the distribution system.
423
424
425
426
427
428 10. There must be a method of recovering the costs associated with power supply
429 assets, generation fuel costs, power purchase contracts, production costs,andother
430 costs, that are "stranded" when a sales customer switches to retail wheeling service.
431
432 11. The extent of the obligation, or lack thereof, on the part of the distribution utility to
433 provide sales service to former retailing wheeling customers who request to return to
434 sales service must be defined, including the opportunity for full cost recovery.
435
436 12. In order to promote regional equity, the creation of retail competition in Colorado
437 must not occur until reciprocal competitive retail markets are created in states
438 adjacent to Colorado.
439
440 13. Industry participants must be prohibited from engaging in unfair competitive
441 practices, such as discriminatory or predatory pricing.
20
442
443 14. The incumbent serving utility must be given a right of first refusal to match any
444 bonafide offer to provide comparable power at comparable prices to retain existing
445 customers.
446
447 15. Any legislation mandating retail wheeling must contain an "effective date" sufficient
448 to afford utility providers with adequate time to prepare themselves for competition.
449
450 16. Reliability and quality of service must not be degraded in any way.
451
452 Tax-Exempt Financing
453 Because the Fort Collins Light and Power department has been debt free, tax-exempt
454 financing has not been an issue in the past. However it may be an issue for Platte River
455 Power Authority and could become an issue for the City if it moves into areas of natural
456 gas supply, telecommunications, etc. It would be in the interests of the City of Fort
457 Collins to support the CAMU (Colorado Association of Municipal Utilities) position
458 regarding tax-exemption financing which follows:
459
460 CAMU supports the use of tax-exempt financing for facilities owned by municipal utilities
461 and political subdivisions of the states. CAMU is opposed to any changes in the tax
462 laws which would limit use of tax-exempt financing of facilities. The following important
463 points need to be considered:
464
465 Public power systems are eligible to issue tax-exempt bonds because they are
466 entities of state and local government, providing local choice and local control, just
467 as private power companies are eligible to enjoy certain tax benefits afforded all
468 private corporations.
469
470 The underlying principle behind public power's ability to issue tax-exempt bonds lies
471 in our federalist system. State and local governments are not allowed to tax the
472 revenue raising instruments of the federal government; likewise, the federal
473 government should not tax the revenue raising instruments relied upon by the state
474 and local governments.
475
476 Annexation is an important public policy tool that allows local governments to meet
477 their obligation to serve new residents and promote economic development on
478 behalf of the community. Proposals which erect barriers to municipal service in
479 annexed areas would be unfair to newly annexed residents and would severely
480 undermine the ability of local governments to provide essential electric service to the
481 public.
482
483 Language to restrict a public power community's ability to sell power from existing
484 facilities could lead to default of existing bonds. This not only jeopardizes the
485 financial stability of the local government, but also presents substantial risk to
486 bondholders. Because tax-exempt bonds have been considered to be safe
487 investments, those affected will be people who can least sustain a financial loss.
488
489 Although private power companies call for"leveling the playing field," the field is
490 already tilted enormously in the private companies' favor. Private power companies
491 control 75% of the market nationwide, receive huge tax breaks, are not impeded by
21
492 open meetings and public records legislation, have vast resources at their disposal,
493 and exercise substantial political strength.
494
495 While private power companies complain about local government's federalist right to
496 finance utilities with tax-exempt bonds, they are actively lobbying in some state
497 legislatures to have stranded costs "securitized" with tax-exempt bonds.
498
499 MUNICIPAL UTILITY SERVICE TERRITORY
500 Cities and towns provide a number of services to their citizens as directed by the
501 local electorate. These services can include the provision of electricity through a
502 municipally owned and operated utility. As new areas are annexed, the citizens
503 should have the right to the same services as provided to other citizens.
504 Through local elections, those citizens have the ability to determine how and
505 what type of service they receive. Federal or state preemption of this right
506 deprives citizens of their ability to choose.
507
508 In Colorado, existing law provides compensation to a utility that may lose electric
509 load through annexation. Additionally, the citizens of a city may determine that
510 competing electric utilities are acceptable, or the citizens may have an election to
511 grant a franchise to another utility.
512
513 Therefore, the Fort Collins City Council supports the following policy statements:
514
515 Support efforts that allow citizens to determine the level and extent of
516 municipal services they will receive thus preserving the home rule authority of
517 local municipal governments.
518
519 Oppose efforts that limit either a municipality's rights to annexation or to
520 provide municipal utility services to any of its citizens.
521
522 NATURAL AREAS AND OPEN LANDS
523 The City has a vigorous program to protect natural areas and other important open
524 lands within Fort Collins, within our Community Growth Management Area, and
525 regionally. Natural areas and open lands fullfill many roles within our urban
526 environment. They provide habitat for wildlife, maintain scenic beauty, protect water
527 quality, help treat stormwater runoff, store floodwater, provide buffer zones between
528 communities and differing land uses, provide opportunities for passive and active
529 recreation, enhance educational opportunities, and improve the urban setting for people.
530
531 The City uses many tools in our land protection program, including: fee-simple
532 acquisition of land and water, conservation easements, incentives for voluntary efforts
533 by private landowners, education and outreach, and zoning and development standards
534 within our land use code. The City works in partnership with other communities, Larimer
535 County, private land trusts, Great Outdoors Colorado, community groups, and state and
536 federal agencies to achieve community and regional conservation goals.
537
538 Based on adopted plans and policies, the City has the following positions regarding
539 legislation that affects natural areas and open lands.
22
540
541 Oppose legislation that restricts local government environmental and land use
542 regulatory authority as now authorized by the Colorado Constitution and Colorado
543 case law.
544
545 Support legislation that provides tax incentives for voluntary land conservation by
546 private landowners.
547
548 Oppose legislation that reduces the effectiveness of existing federal and state
549 protection for wetlands, wildlife habitats, and other sensitive natural areas.
550
551 Support additional funding for state and federal land conservation programs.
552
553
554 OBSOLETE SUBDIVISIONS VACATION OF
555 Many states in the west allow local governments to vacate obsolete plats and
556 subdivisions that do not meet current planning and development standards. Colorado
557 does not. Generally obsolete is defined as follows: a) platted at least a decade ago, b)
558 does not meet current planning standards, and c) is either substantially undeveloped or
559 threatens public health and safety based on conditions not known at the time of final plat
560 approval. Additionally, a subdivision could be considered obsolete if a developer has
561 breached a development agreement with the local government. Obsolete would not
562 include vested rights.
563
564
565
566
567
568
569 Therefore, the Fort Collins City Council supports the following policy statement:
570
571 - Support legislation which would allow the County to review all subdivisions up to
572 160 acres, and which would allow jurisdictions to vacate obsolete plats and
573 subdivisions, where appropriate.
574
575 PARKS AND RECREATION
576 The City is committed to providing the community with excellent parks and recreation
577 services and facilities. Our citizens enjoy a better quality of life, improved health, less
578 crime and a greater sense of community because of our quality parks and recreation
579 programs.
580
581 Therefore, the Fort Collins City Council supports the following policy statements:
582
583 Support funding forparks, trails, forestry, horticulture and recreation services and
584 facilities.
585
586 Support the Colorado Lottery and its current distribution of Lottery proceeds.
587
588 Support Great Outdoors Colorado and full funding for municipal government
589 projects, with maximum local discretion regarding local needs and priorities.
23
590
591 ■ Support partnerships that improve the provision of parks and recreation services and
592 facilities to the community.
593
594 • Support programs for youth and at-risk teens, and for persons with disabilities.
595
596 ■ Supports legislation that expands or enhances volunteerism and community service
597 to address the civic, social and recreational needs of our community.
598
599 PLANNING AND LAND USE
600 Effective local land use planning and land development regulation contributes greatly to
601 the quality of life enjoyed by Fort Collins residents. State action and legislation can
602 greatly effect the ability of local governments to develop and implement land use plans
603 for their communities. Therefore, the City Of Fort Collins supports the following policy
604 statements:
605
606 ■ Support legislation that establishes programs to remove barriers to effective local
607 land use planning and land development regulation.
608
609 ■ Support legislation and establishment of programs to encourage and enable
610 intergovernmental or regional cooperation in land use planning and land
611 development regulation.
612
613 ■ Oppose legislation that would inappropriately limit local government authority to
614 regulate land development.
615
616 • Oppose legislation that would extend the definition of a compensable taking beyond
617 the provisions of existing court decisions and case law.
618
619 ■ Oppose legislation that would broaden the definition of vested property right beyond
620 the provisions current of state law.
621
622 Support specific legislation that would establish a baseline of consistent and
623 coordinated basic land use and transportation planning within the state's rapidly
624 growing communities. This planning should be based on consistent and credible
625 population forecasts, and should support growth management techniques such as
626 establishment of urban growth boundaries and adequate public facilitation
627 requirements.
628
629 Affordable Housing
630
631
632 The Fort Collins Housing Authority is part of an effort undertaken by the community of
633 Fort Collins and Larimer County. The mission of the Fort Collins Housing Authority is to
634 promote:
635 ♦ adequate and affordable housing;
636 ♦ economic opportunity;
637 ♦ suitable living environment free from discrimination.
638
24
639 Therefore, the Fort Collins City Council supports the following policy statements:
640
641 ■ Support involvement of the state and federal government in order to maintain current
642 levels of HUD funding for affordable housing in Colorado.
643
644 ■ Oppose legislation that limits our ability to generate alternative sources of funding,
645 especially through public-private partnerships.
646
647 • Oppose any legislation that would limit the City's ability to regulate and manage
648 affordable housing issues as the Fort Collins Housing Authority.
649
650 PRIVATIZATION
651 The City of Fort Collins spends approximately fifty-eight percent of its budget on outside
652 contracts for goods and services. This level of privatization has given the citizens of
653 Fort Collins good quality and cost efficiency for many years.
654
655 The Fort Collins City Council supports the following policy statements:
656
657 ■ Support provision of services through private enterprise when in the public good.
658
659 ■ Support local control of the awarding of contracts and the accountability of local
660 officials for those actions.
661
662 ■ Oppose mandates that increase the complexity and cost of service without
663 improving those services.
664
665
666 PUBLIC SAFETY AND VIOLENCE PREVENTION
667 The Fort Collins City Council recognizes the critical importance of maintaining public
668 order, providing a safe environment, and protecting the lives and property of the citizens
669 of Fort Collins. The City Council is particularly concerned with the issue of violence,
670 particularly youth violence, in the community and has adopted this matter as one of its
671 policy agenda items.
672
673 Therefore, the Fort Collins City Council supports the following policy statements:
674
675 • Support legislation which has the potential of reducing incidents of violence in the
676 community, with special attention to legislation directed towards the escalating
677 problem of youth violence.
678
679 • Support legislation that impacts youth violence problems through the development of
680 treatment and intervention programs.
681
682 ■ Support legislation that provides greater protection to victims of domestic violence.
683
684 ■ Support legislation that respects the City's right to utilize camera radar and to
685 establish financial penalties associated with its use.
686
25
687 ■ Support legislation requiring the state to support the use of camera radar,
688 recognizing it as an effective tool, not a money making device as reported by the
689 legislature.
690
691 • Support legislation that continues the current law regarding permits to carry
692 concealed weapons. In lieu of any legislative changes, the Colorado Bureau of
693 Investigation (CBI) should coordinate the entire effort at State expense.
694
695 ■ Oppose programs that compromise officers safety, support drug use and do not
696 have a proven track record in reducing drug abuse.
697
698 ■ Support increased funding ($100 million) to finance a statewide communications
699 program.
700
701 PUBLIC SAFETY PENSIONS
702 The Fort Collins City Council recognizes police officer and firefighter pension, death and
703 disability benefits are unique and are jointly funded by the state and local governments.
704 Changes in state funding levels for these benefits may affect the City's ability to provide
705 public safety services and place new financial burdens on the City.
706
707 Therefore, the Fort Collins City Council supports the following policy statement:
708
709 Oppose legislation that reduces current state funding of these benefits or shifts
710 funding to local governments beyond current proportions.
711
712
713 RECYCLING AND SOLID WASTE
714 Waste collection and recycling responsibilities in Fort Collins are shared by private
715 businesses, the City of Fort Collins, and Larimer County. Solid waste and recycling
716 collection services are provided by private businesses in Fort Collins. Private haulers
717 deliver waste to two landfills; owned by Waste Management of Northern Colorado in the
718 town of Ault; and the Larimer County Landfill, which is owned jointly by Larimer County,
719 the City of Fort Collins, and the City of Loveland. The majority of collected recyclables
720 are delivered to the Larimer County Recycling Center that is owned by Larimer County
721 and operated by a private company. The City of Fort Collins regulates the operation of
722 private trash haulers through licensing requirements that include:
723
724 1. A mandate to provide recycling collection service to both the residential and
725 commercial sectors;
726 2. A provision of curbside recycling to residential customers at no additional charge;
727 3. An application of variable trash rates to residential customers.
728
729 In addition, the City provides a variety of public information and outreach programs to
730 encourage recycling in the community.
731
732
733 Therefore, the Fort Collins City Council supports the following policy statements:
734
735 Support legislation that develops an integrated waste management plan for
736 Colorado that emphasizes, in priority order, waste reduction, reuse and recycling.
26
737
738 Support legislation that provides incentives and funding for efforts by local
739 government and private enterprise to promote waste reduction, reuse and recycling.
740
741 Support legislation that encourage procurement of products made from recycled
742 materials by federal, state and local government.
743
744 Support legislation that expands state and regional markets for materials collected in
745 local recycling programs.
746
747 Support legislation that broaden the regulatory authority of local government to
748 ensure the efficient collection and processing of recyclable material and solid waste.
749
750 Support legislation that establishes a goal for Colorado's rate of diversion of its
751 waste-stream from landfill disposal.
752
753 Support increased involvement by the State in monitoring data on trash volumes and
754 rates of diversion from landfill disposal.
755
756 Support legislation that requires implementation of variable ("pay as you throw")
757 trash rates throughout Colorado.
758 I 759 Oppose legislation that limits the ability of local government to regulate the activities
760 of private waste or recycling collectors to ensure the provision of efficient solid waste
761 and recycling services.
762
763 Oppose legislation that limits the ability of local government to provide waste or
764 recycling collection or processing services to citizens.
765
766 SALES AND USE TAX
767 The City of Fort Collins levies, administers and collects its own sales and use taxes
768 under its home rule authority. Sales and use tax collections comprise about 57% of
769 General Fund revenues. These revenues would decrease dramatically if the City were
770 forced to adopt the much narrower State sales tax base and revert to centralized State
771 collection of revenues.
772
773 Therefore, the Council of City of Fort Collins supports the following policy statements:
774
775 Support legislation that maintains local control over base, rates, collections and
776 administration of sales and use taxes.
777
778 Support cooperative efforts of the State, municipal and business entities to simplify
779 sales and use tax collection and maintain uniform definitions.
780
781 Support cooperative audits by governmental agencies in order to provide better
782 customer service and minimize disruption to major taxpayers.
783
784 Oppose legislation that creates State sales and use tax exemptions that would
785 contradict current compatible State and local interpretations.
786
27
787 Oppose legislation at the State and Federal level which preempts local authority to
788 impose and collect sales and use taxes.
789
790
791 SOVEREIGN AND GOVERNMENTAL IMMUNITY
792 The Fort Collins City Council recognizes that the complexity and diversity of City
793 operations and services required to meet the needs of the citizens of Fort Collins may
794 expose the City and its
795 officers and employees to liability for damage and injury. The Council further recognizes
796 that
797 City officers and employees must be confident that they have the City's support in the
798 lawful and proper performance of their assigned duties and responsibilities.
799
800 Therefore, the Fort Collins City Council supports the following policy statements:
801
802 ■ Support legislation that protects the interests of municipalities and their officers and
803 employees in the lawful and proper performance of their duties and responsibilities.
804
805 ■ Support legislation that discourages baseless and frivolous claims and demands that
806 can be made against municipalities and their officers and employees.
807
808 ■ Oppose legislation that expands or increases municipal liability, or, conversely,
809 further limits municipal immunity.
810
811 SPECIAL IMPROVEMENT DISTRICTS
812 The City of Fort Collins intends to maintain special improvement districts as a viable
813 financial tool for needed infrastructure improvements. It provides adequate and
814 accurate disclosure to investors purchasing special assessment bonds.
815
816 The Council of the City of Fort Collins supports the following policy statements:
817
818 ■ Support the ability of local government to create special improvement districts.
819
820 ■ Support legislation that facilitates the collection of delinquent assessments and
821 strengthens or maintains the lien position of those assessments.
822
823 ■ Support legislation that enables lienholders to foreclose special assessment liens
824 quickly and reduce carrying costs.
825
826 ■ Support any reduction in the complexities of obtaining clear title to properties
827 acquired through the Treasurer's Deed process.
828
829
83o TELECOMMUNICATIONS
831 The Fort Collins City Council encourages the development of advanced
832 telecommunication
833 services and systems to enhance economic development, public policy development,
834 and citizen involvement in the community and in local government.
835
28
836 The Fort Collins City Council endorses legislation that supports the following policy
837 statements:
838
839 The City supports public access to municipal and community information in order to
840 promote citizen involvement in the community and local government. Greater public
841 access to broad and diverse information will promote deliberative democracy and will
842 enhance public policy development.
843
844 The City supports legislation that protects the individual right to privacy and the right
845 of access to public records for citizens using the information infrastructure.
846
847 ■ The City supports and advocates universal access to telecommunications services
848 by all citizens, as well as by the commercial, educational and governmental sectors.
849
850 ■ The City supports efforts to establish an open marketplace for telecommunications
851 services in a competitively neutral environment. An integral component of this open
852 marketplace is the appropriate application of regulations to functionally equivalent
853 telecommunications services as permitted by law. Therefore, the City strongly
854 supports the preservation of local authority in relation to matters of local impact,
855 including:
856
857 A. Establishing zoning requirements and siting standards for siting above ground
858 telecommunications transceiver structures such as antenna towers and satellite
859 dishes;
860
861 B. Efficiently and safely managing local public rights of way, by requiring adherence to
862 construction standards, permitting, scheduling, and providing for full cost recovery;
863
864 C. Adhering to customer service standards that are not otherwise provided for at the
865 federal or state levels;
866
867 D. Mitigating negative impact on local infrastructures (such as streets); recovering costs
868 associated with rights of way maintenance; and managing methods of facilities
869 installation (pedestals, overhead, underground);
870
871 E. Collecting tax revenue as permitted by law from merchandise purchases made via
872 electronic media;
873
874 F. Preserving local taxing authority over communications providers to the full extent that
875 other businesses are subject to such authority.
876
877 G. Granting franchises to telecommunication companies providing such authority helps
878 ensure the local government's ability to negotiate,_in the public interest, for cable
879 channel space, institutional networks and Public, Educational and Governmental
880 programming.
881
882 The use of public streets and other ROW for the installation of
883 telecommunications facilities to engage in private, for-profit enterprise demands a
884 fair payment for the use of public assets as permitted by law. The City supports
885 application of fair and reasonable fees in a competitively neutral and
29
886 nondiscriminatory manner for all users of the Rights of Way (ROW) including
887 telecommunications service providers. Such fees should fully recover the City's
888 direct and indirect costs related to the use of the ROW, such as street
889 maintenance and replacement, and they should compensate the City for the fair
890 value of the property interest that is being provided.
891
892 The City recognizes that telecommunications resources have considerable value.
893 The City should help safeguard citizens against market inequities by maximizing
894 their ability to utilize and facilitate access to telecommunications resources. In
895 order to provide the best possible government and educational services, the City
896 will continue to enhance and advance its own internal use of telecommunications.
897 To meet these objectives, telecommunications infrastructure and services may be
898 provided through activities of the Fort Collins or Platte River Power Authority.
899
900 Adequate spectrum allocation of public radio frequencies for public safety,
901 emergency services, public works and other public use is vital to the City's ability
902 to safeguard citizens. The City will continue to monitor and negotiate for
903 appropriate allocation of all telecommunications resources.
904
905 The City of Fort Collins supports legislation providing for the ability to charge for
906 the cost of acquisition, compilation, provision of, or access to, electronic and
907 hardcopy public data and information.
908
909
9io TRANSPORTATION
911 The City of Fort Collins is actively interested in issues that impact the transportation of
912 people and commodities via all modes. The City's policy is to encourage the use of
913 alternative transportation whenever appropriate.
914
915 Therefore, the Fort Collins City Council supports the following policies:
916
917 Support programs that implement cooperation between local governments and
918 federal, state, and county agencies to help meet basic transportation needs, such
919 as: transportation demand management programs; transit; street, highway, road and
920 bridge construction and maintenance; and safe corridors for bicyclists and
921 pedestrians.
922
923 ■ Support the current allocation formula of 60% state, 22% counties, and 18%
924 municipalities for Highway User Tax Fund (HUTF) revenues. Support legislation to
925 share back with local governments any appropriation for transportation from the
926 state on the same formula basis as now applies to HUTF: 60-22-18.
927 • Support legislation to fund analysis and implementation of the linkages between
928 commuters and rail/transit alternatives.
929
930 • Support legislation that facilitates regional planning for alternative transportation and
931 reduction in single occupant vehicle usage.
932
933 ■ Support legislation that increases funding for transportation with flexibility for all
934 transportation modes.
935
30
936 ■ Support release and utilization of federal transportation trust funds and motor fuel
937 taxes for their transportation purposes.
938
939 ■ Support limitation on off-the-top diversions for the State Patrol and for the Ports of
940 Entry from the Highway Users Tax Fund. Support changing budget support for
941 these functions to the state general fund to allow HUTF monies to flow to the direct
942 transportation needs for which they are intended.
943
944 WATER UTILITIES
945 The Fort Collins City Council recognizes the critical importance of maintaining drinking
946 water, storm-water and wastewater utility services in a financially sound, reliable, safe,
947 and environmentally acceptable manner. The City supports legislative measures to
948 further this goal. Since Fort Collins' Water Utilities is governed by City Council, an
949 elected board, it is important to maintain the greatest degree of local control over
950 planning and operation. To that end, it is important to minimize legislative and regulatory
951 impacts on the operations of the utility, thereby allowing local government to act in its
952 own best interests. As a business, it is necessary to maintain and enhance the utility's
953 competitive advantage. Furthermore, it is also important to balance economic growth
954 with quality of life, including protection of the environment.
955
956 Therefore, the Fort Collins City Council supports the following policy statements:
957 General
958 ■ Support legislation that reasonably limits liabilities of the Water, Storm-water
959 and Wastewater operations.
960
961 ■ Support legislation that maintains the authority delegated to the state to
962 administer federally mandated water, storm-water and wastewater
963 environmental regulatory programs (primacy)
964
965 • Support water quality legislation that results in reasonable water quality
966 control regulations that are cost effective and can show identifiable benefits.
967
968 • Support legislation that would require election of directors for water
969 conservancy districts.
970
971 ■ Support legislation that enables local development of watershed protection
972 efforts.
973
974 • Support legislation that encourages cooperation between the City of Fort
975 Collins Water Utilities and other water and wastewater treatment providers.
976
977 Water
978 ■ Support water conservation legislation that maximizes local control and takes
979 into consideration local plans in place and water conservation activities which
9so reflect local conditions.
981
31
982 ■ Support legislation that limits the federal government's ability to affect water
983 rights other than through procedures established under Colorado's
984 appropriation doctrine.
985
986 ■ Support adequate state and federal funding of mandated programs under the
987 Safe Drinking Water Act.
988
989 • Oppose any drinking water legislation or regulations that are not founded on
990 sound and comprehensive scientific research.
991
992 • Oppose any drinking water legislation or regulations which do not consider
993 the potential impact of the proposed legislation or regulation on other
994 contaminants and contaminant removal processes.
995
996 Wastewater
997 • Support adequate state and federal funding of mandated programs under the
998 Clean Water Act.
999
1000 ■ Support water quality legislation that provides states with more flexibility to
1001 tailor federal legislation and regulations to local conditions.
1002
1003 ■ Oppose any clean water legislation or regulations that are not founded on
1004 sound and comprehensive scientific research.
1005
1006 • Oppose any clean water legislation or regulations that do not consider the
1007 potential impact of the proposed legislation or regulation on other
1008 contaminants and contaminant removal processes.
1009
1010
1011
1012
1013
1014
1015
1016
1017
1018
1019 WORKERS' COMPENSATION
1020 The City of Fort Collins City Council recognizes the dual purpose of the workers'
1021 compensation system - providing benefits promptly to injured employees in a cost
1022 effective manner, and minimizing costly litigation. Council also recognizes that the City's
1023 self-insurance program is a cost efficient method to insure workers' compensation and
1024 that government intervention or taxation can negatively impact the City.
1025
1026 Therefore, the Fort Collins City Council supports the following policy statements:
1027
32
1028 ■ Support legislation that improves administrative efficiency of the Division of Workers'
1029 Compensation.
1030
1031 ■ Oppose legislation that increases insurance premium costs to employers.
1032
1033 ■ Oppose legislation that would add administrative burdens or taxes to self insurance
1034 programs.
1035
1036 ■ Oppose legislation that would promote litigation.
1037
1038
1039
1040
1041
1042
1043
1044
1045
1046
1047
1048
1049
1050
1051
1052
1053
1054
1055
1056
1057
1058
1059
1060
1061
1062
1063
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