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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 DRAFT#7,1016199 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 15 193 ■ 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 1064 G:\MGRS\Brown\LRC\LegagndaMaste.doc 33