HomeMy WebLinkAbout2005-127-11/29/2005-ADOPTING THE CITYS 2006 LEGISLATIVE POLICY AGENDA RESOLUTION 2005-127
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE CITY'S 2006 LEGISLATIVE POLICY 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
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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 2006 Legislative Policy
Agenda accurately reflect the City's policy on these issues.
Section 2. That the Council hereby adopts the 2006 Legislative Policy Agenda attached
hereto as Exhibit"A", and incorporated herein by this reference.
Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins this
29th day of November, A.D. 2005.
Mayor
ATTEST:
46.mLh
City Clerk
EXHIBIT "A"
Fort Collins
City Council
2006
Legislative Policy Agenda
ADOPTED November 29, 2005
TABLE OF CONTENTS
Introduction 3
Legislative Staff Liaison Members 4
Air Quality 5
Cultural Services 7
Electric Utility Services 7
a. Municipal Utility Service Territory 7
b. Net Metering 8
c. Retail Wheeling 8
d. Tax Exempt Financing for Utilities 12
Environmental Quality 13
Federal Budget 13
Finance 14
a. Investments 16
b. Privatization 16
c. Sales and Use Tax 16
Fire Protection 17
Hazardous Materials Management 18
Home Rule 18
Housing, Affordable 19
Library Services 20
Natural Areas & Open Lands 20
Parks & Recreation 21
Planning & Land Use 22
a. Subdivisions 23
Public Safety & Violence Prevention 23
a. Neighborhood Resources 23
b. Police Services 24
c. Public Safety Pensions 24
Recycling & Solid Waste 25
Risk Management 26
Sovereign & Governmental Immunity 27
Special Improvement Districts 27
Telecommunications 28
Transportation 30
Water Utilities 31
a. Water 32
b. Wastewater 32
2
INTRODUCTION
Fort Collins is a community of more than 127,000 residents, located at the foot of the Rocky
Mountains along Colorado's Front Range. Incorporated in 1873, the City has grown to
become the commercial, educational and cultural hub of northern Colorado. The City
adopted a home rule charter in 1954 and operates under a Council-Manager form of
government.
The 2006 City of Fort Collins Legislative Policy Agenda identifies issues of importance to
the City of Fort Collins. The Agenda expresses policies and positions on issues that affect
the quality of life and the governance of our community. We offer this Agenda to our
Legislators as a guideline when considering legislation that impacts Fort Collins.
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
that cannot be compared to City policy, as identified in the Legislative Policy Agenda, is
referred back to the full Council for consideration before a position is taken.
Council Members presently serving on the Legislative Review Committee are:
Mayor Doug Hutchinson, Chair (970) 416-2154
Kurt Kastein (970) 223-0425
Kelly Ohlson (970) 493-7225
Staff contact: Mark Radtke, Legislative Affairs (970) 221-6796
Staff liaisons supportthe Legislative Review Committee by contributing expertise in various
areas of municipal service. The City works closely with the Colorado Municipal League on
all legislative items.
3
Legislative Staff Liaison Members
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Mayor At-Large Office Phone: 970/416-2154
Doug Hutchinson Email:
Councilmember 4 Office Phone: 970/484-7033
Kurt Kastein Email:
Councilmember 5 Office Phone: 970/221-6509
Kelly Ohlson Email:
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City Manager Darin Atteberry 970/221-6505
datteber fc ov.com
Assistant City Manager Wendy Williams 970/221-6508
wllliams fc ov.com
Legislative Affairs Mark Radtke 970/221-6796
niradtke@fcgoy.com
Air Quality Lucinda Smith 970/224-6085
Ismidl@fcgov.com
City Clerk Rita Harris 970/221-6516
rharris@fcgov.com
Cultural&Library Services Jerry Brown 970/221-6350
Parks&Recreation ipbrown@fcgov.com
Electric&Water Utilities Mike Smith 970/221-6888
msmith fc ov.com
Environmental Quality Susie Gordon 970/221-6265
Recycling&Solid Waste -sgordon@fcgov.com
Finance Chuck Seest 970/221-6788
Special Improvement Districts cseest fc ov.com
Fire Protection Kevin Wilson 970/221-6570
kwilson@fcgov.com
Housing Authority Julie Brewen 970/416-2917
brewen fc ov.com
Legal Carrie Daggett 970/221-7719
cdag&ett@fc&ov.com
Natural Areas& Open Lands John Stokes 970/221-6263
jstokes@fcgoy.com
Planning&Land Use Timothy Wilder 970/221-6224
twilder@fcgov.com
Public Safety&Violence Prevention Rita Davis 970/221-6628
(Police Services rdavis fc ov.com
Public Safety&Violence Prevention Jenny Kidd 970/224-6022
(Neighborhood Services 'kidd fc ov.coin
Technology Liz Stroh 970/221-6522
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Transportation Ron Phillips 970/221-6751
rphilhpspfcgov.com
4
LEGISLATIVE POLICY STATEMENTS
AIR QUALITY
The City's adopted Air Quality Policy Plan establishes a strong overall goal to "continually
improve Fort Collins air quality as the city grows" and defines a policy framework for
continuing actions to improve air quality. Several of these policies support taking a position
on air quality matters that may impact the city.
The City supports adoption of state and federal standards that provide for improved public
health protection and improved air quality. The City supports adoption of standards that
are stringent enough to protect regional air quality, because air sheds do not follow urban
boundaries. The City opposes adoption of standards that constitute a weakening of current
air quality standards.
Therefore, the City supports the following policy statements:
1. Oppose legislation that restricts local government authority to improve
air quality beyond minimum State or Federal requirements.
2. Support legislation that encourages regional planning efforts for regional
issues that cannot be solved through City action in isolation, e.g. the
brown cloud and ozone.
3. Support the ability to use Federal grant dollars to educate citizens about
how they can help protect local air quality.
4. Support increasing the stringency of statewide visibility standards.
5. Support legislation that is more effective than the Fort Collins tobacco
smoking ordinance, but does not infringe on home rule authority.
6. Oppose the adoption of standards that constitute a weakening of
current air quality standards.
The City's adopted objective for commercial and industrial sources is to reduce total
emissions from such sources. The City does not, however, enforce State regulations on
stationary air pollution sources, but rather continues to rely upon the Colorado and Larimer
County health departments to assure that local sources comply with Colorado Air Quality
Control Commission regulations.
Therefore, the City supports the following policy statements:
1. Support legislation to assure that the State and County health
departments have adequate responsibility, authority and resources
(funding and personnel)to enforce regulations adopted bythe Colorado
Air Quality Control Commission.
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2. Support legislation that assures the enforcement of Federal, State and
County air quality regulations including air toxins.
3. Support legislation that provides incentives for commercial and
industrial sources to reduce pollution.
The City's adopted objective for motor vehicles is to reduce total vehicle emissions, by
focusing on technology (e.g. tailpipe emissions) and behavior (e.g. driving patterns).
Therefore, the City supports the following policy statements:
1. Support legislation that uses the price mechanisms of the free market
to shift citizen and business travel behavior toward actions that reduce
vehicle miles of travel, including removing hidden cost subsidies to
motor vehicle users, employing economic incentives and disincentives
and other market approaches.
2. Support inspection/maintenance (I/M) legislation and regulations that
will further reduce tailpipe emissions per mile and help prevent total
vehicle emissions from rising, with provisions for local I/M programs to
be established.
3. Support legislation and regulations that make tailpipe standards more
stringent; that establish equal standards for cars, light trucks and sport
utility vehicles; that set fuel neutral standards for gasoline and diesel
that decrease sulfur content of fuels; and that promote advanced low
emission vehicle technology, and that provides incentives for biodiesel
fuel.
4. Support legislation and regulations that provide authority for local
governments to implement vehicle emissions reduction programs.
5. Support legislation and regulations that provide incentives to encourage
renewable energy production, including wind power.
6. Support Federal and/or State legislation to promote greenhouse gas
reduction.
7. Support legislation and regulations that increase the fuel efficiency of
motor vehicles and support ongoing research to improve the safety of
smaller vehicles.
8. Support legislation and regulations that increase energy efficiency,
including a "systems benefit charge" to promote demand-side
management, and the use of renewable energy sources, excluding
residential wood-burning.
9. Support legislation and regulations to promote pollution prevention.
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10. Support the Colorado self-audit law.
11. Support Legislation that promotes research on, or use of, hydrogen fuel
and its methods of production, to reduce fossil fuel consumption in the
transportation and building sector.
The City's adopted objectives for wood smoke are to reduce wood smoke emissions in the
Fort Collins area and to reduce the number of non-certified wood stoves and conventional
fireplaces. The City supports the following policy statement:
1. Support legislation and regulations that reduce wood smoke emissions
and that restrict the installation of non-certified wood stoves and
fireplaces.
CULTURAL SERVICES
The City recognizes that art and culture are vitally important to the quality of life in our
community and is committed to providing the citizens of Fort Collins with excellent cultural
services.
Therefore, the City supports the following policy statements:
1. Support funding for cultural services for the education, entertainment
and enrichment of the community.
2. Support the creation, performance and presentation of the arts.
3. Support strengthening the role of culture and the arts in our educational
system.
4. Support preserving our cultural heritage.
5. Support public access to and awareness and appreciation of the arts.
ELECTRIC UTILITY SERVICES
Municipal Utility Service Territory
Cities and towns provide a number of services to their citizens as directed by the local
electorate. These services can include the provision of electricity through a municipally
owned and operated utility. As new areas are annexed, the citizens should have the right
to the same services as provided to other municipal citizens. Through local elections,those
citizens have the ability to determine how and what type of service they receive. Federal
or State preemption of this right deprives citizens of their ability to choose.
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In Colorado, existing law provides compensation to a utility that may lose electric load through
annexation. Additionally,the citizens of a city may determine that competing electric utilities are
acceptable,or the citizens may have an election to grant a franchise to another utility.Therefore,
the City supports the following policy statements:
1. Support efforts that allow citizens to determine the level and extent of
municipal services they will receive, thus preserving the home rule
authority of municipal governments.
2. Oppose efforts that limit either a municipality's rights to annexation or
to provide municipal utility services to its citizens.
Net Metering
Net Energy Metering is a method of measuring the net amount of electricity a customer
would use if they were to receive electricity from a utility and also from a generation source
of their own (solar cells, natural gas generators, etc.). A single electric meter would
measure the electric energy flowing into the customers' premises which would be reduced
if the customer were adding their own generation to their supply. If the customer's
generation produces more energy than the customer consumes, the excess power would
flow into the utility system and the meter would run backwards reflecting a negative net
energy flow.
Therefore the City supports net metering legislation as a way to promote renewable energy
if the following items are addressed:
1. Safety—for the protection of utility employees and the public,the facility
must be in accordance with applicable codes and standards. These
include the national Electric Code and Utility requirements.
2. Cost recovery—reasonable fixed costs of transmission,distribution and
generation back-up are recovered from the customers of the program.
3. Energy credit—generated energy from the customer would be credited
at the appropriate cost reduction to the utility.
Retail Wheeling
The Colorado electric utility industry has consistently delivered high quality, reliable power
at comparatively low rates. The 29 municipally-owned electric systems in Colorado,which
supply electric service to more than 650,000 citizens, are concerned about the impact of
retail restructuring and the affect it may have on our customers and the economy of the
state.
While the City of Fort Collins favors the availability of low cost electricity to all customers,
there are several issues that must be resolved before retail restructuring can benefit all
Colorado consumers. The electric utility industry is very unsettled with active debate begin
carried on about a number of serious issues. These include a looming deficit of generation
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capacity in Colorado; transmission constraints that limit the movement of power into the
areas where a majority of Colorado residents live; the potential formation of regional
transmission organizations; the future funding and operation of federal hydro power
facilities; and the potentially anti-competitive effects of mergers and acquisitions.
In November of 1999, after studying the issue for more than 15 months, the majority of the
Colorado Electricity Advisory Panel (EAP) determined in its final report that "restructuring
is not in the best interests of all Colorado electricity consumers and the state as a whole."
Restructuring is premature unless it can be demonstrated that all consumers will benefit
from a restructured market and specific restructuring legislation.
Therefore, the City supports the following policy statements:
1. Oppose anyfederal and/orstate mandate requiring municipal utilities to
implement retail restructuring. In order to preserve local decision
making, and as supported in the EAP report, municipal utilities must be
given the option to determine the extent and manner to which retail
restructuring should be implemented in our communities and service
areas.
2. Oppose any interference with local decision making ability. Rates,
terms and conditions for regulated service offered by municipally owned
utilities within their service territories should remain the regulatory
responsibility of locally elected and appointed governing boards.
3. Support municipal systems retaining the flexibility to establish
restructuring rules that pertain to them if they choose to opt into a
restructured market while preserving the maximum degree of local
autonomy,the City recognizes that certain statewide rules or standards
of conduct pertaining to competitive supply service may apply to
municipal electric systems that choose to participate in restructuring.
4. Oppose exercise of market (monopoly) power. Exercise of market
power will hinder the establishment of truly competitive markets and
increase costs to all but a limited number of customers. There must be
a sufficient number of supporters to make sure there is a robust
wholesale market in Colorado. Competitive advantages gained through
existing market power in generation should be mitigated prior to retail
restructuring moving forward in Colorado. Even higher prices could
result from the lack of proper market composition.
5. Supportfurthering the development of competitively effective wholesale
markets. Therefore, competitive wholesale markets should be
encouraged by comprehensive reviews of market entry barriers such as
siting approval and land use control processes. However, suppliers of
electrical energy shall consider all environmental factors as an integral
part of planning,design,construction and operating decisions,and shall
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utilize the best available environmental technology that meets current
EPA clean air and water standards.
6. Support consumer safeguards, such as those recommended by the
EAR These should be an integral part of efforts to restructure
Colorado's electric market. Customers that may be unable to take
advantage of retail restructuring opportunities, including residential,low
income,fixed income, small business and small agricultural customers,
must be protected from adverse rate effects and the inability to fully
participate in a restructured market.
7. Oppose unfair trade and marketing practices by power suppliers.
Comprehensive enforcement mechanisms must be established and in
place to ensure such practices are not allowed in Colorado.
8. Support adequate licensing requirements for all new entities wishing to
provide retail electric supply service in Colorado.
9. Support municipal utilities being the provider of standard offer service
(existing municipal supplier will be the default electric supplier) to their
customers who do not choose an alternate power supplier. Rates shall
be established on cost-based principles as determined by the local
governing body.
10. Support aggregation programs so smaller customers can achieve
effective buying power to participate in a restructured utility market.
11. Support the full recovery of the costs associated with the ownership of
the distribution system that delivers the electric supply to the end-use
retail customer. These costs may include operation and maintenance,
depreciation, system upgrades, administrative costs, franchise fees,
payments in lieu of franchise fees and taxes, return on investment, and
the costs associated with government mandated programs,including for
example, low-income energy assistance, demand side management
and environmental programs.
12. Support restructuring legislation that makes it absolutely clear that the
sales transaction occurs where the electricity is used or consumed.
Further, there should be an affirmative duty for all providers, regardless
of where located, to collect applicable fees and sales and use taxes.
Existing revenues to local and state governments should not be
adversely affected by retail restructuring. Taxes and fees should apply
whether services remain bundled or are unbundled, and apply
regardless of whether the provider is in-state or out-of-state.
13. Support municipal utilities retaining the right to determine the nature and
amount of any stranded costs or benefits they incur resulting from
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restructuring. Additionally, support determining the manner in which
any costs of benefits shall be assessed or returned to their customers.
14. Support the same requirements (for competitive electric rates) being
applied to all industry sectors concerning open meetings and public
records. Municipal utilities should not be disadvantaged by laws that
prevent municipalities from expressing views on matters presented to
the local electorate.
15. Support that all competitive generation suppliers maintain sufficient
energy capacity to meet peak demands and adequate reserves as
required under current laws, regulations and reliability standards
(reliability and quality of service must not be downgraded). Customers
who choose alternative suppliers must secure back-up powerto ensure
the integrity of the system for the protection of all other customers.
16. Support the establishment of a cost-effective regional transmission
organization before retail restructuring is implemented.
17. Support the authority of the distributing municipal utility to retain the
right to meter and bill all customers, retain the right to investigate and
claim recovery for energy diversion, and retain the right to disconnect
service for non-payment.
18. Oppose legislation that does not maintain transmission and distribution
functions for a regulated monopoly service. Customers must not be
allowed to bypass the transmission and distribution facilities of the local
utility. All customers shall have the right to receive reliable distribution
and transmission service.
19. Support current Colorado laws, established by the General Assembly
and interpreted and upheld bythe Supreme Court,to compensate other
utilities when service territory transfers occur as a result of annexation.
20. Support voluntary customer options to purchase renewable energy.
Additionally, support tax credits, portfolio standards, wire charges and
government-funded incentives to encourage investments and customer
participation in renewable energy.
21. Support the General Assembly funding programs to assist low-income
consumers, education customers about participating in a restructured
electric market, and providing utility employee retraining as part of any
retail restructuring legislation.
22. Support all utilities having the opportunityto offer value-added products
and services.
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23. Support any legislation implementing retail restructuring containing an
"effective date." This "effective date" must be sufficient to afford utility
providers with adequate time to prepare themselves for retail
restructuring.
24. Support municipal utilities having the right to determine costs to the
customer and the extent of the obligation to supply service to
distribution customers (who purchase power from other sources, then
request to return to the municipal utility for power supply services).
Tax Exempt Financing for Utilities
Because the Fort Collins Electric Services department has been debt free, tax exempt
financing has not been an issue in the past. However, it may be an issue for Platte Rive
Power Authority and could become an issue for the City if it moves into areas of natural gas
supply, telecommunications, etc.
The City of Fort Collins supports tax-exempt financing for facilities owned by municipal
utilities and political subdivisions of the states. The City is opposed to any change in the
tax laws that would limit use of tax-exempt financing of facilities.
Therefore, the City supports the following policy positions:
1. Support public power systems being eligible to issue tax-exempt bonds.
They are entities of state and local government, providing local choice
and local control,just as private power companies are eligible to enjoy
certain tax benefits afforded all private corporations.
2. Oppose the federal government taxing the revenue generators relied
upon by State and local governments. The underlying principle behind
public power's ability to issue tax-exempt bonds lies in the federalist
system. State and local governments are not allowed to tax the
revenue raising instruments of the Federal government; likewise, the
Federal government should not tax the revenue raising instruments
relied upon by the State and local governments.
3. Oppose proposals that block municipal service in annexed areas.
Annexation is an important public policy tool that allows local
governments to meet their obligation to serve new residents and
promote economic development on behalf of the community. Proposals
that erect barriers to municipal service in annexed areas would be unfair
to newly annexed residents and would severely undermine the ability of
local governments to provide essential electric service to the public.
4. Oppose language restricting a community's public power entity the
ability to sell power from existing facilities. This could lead to default of
existing bonds. This not only jeopardizes the financial stability of the
local governments, but also presents substantial risk to bond holders.
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Because tax-exempt bonds have been considered to be safe
investments, those affected will be people who can least sustain a
financial loss.
5. Although private power companies call for "leveling the playing field,"
the field is already tilted enormously in the private companies' favor.
Private power companies control 75%of the market nationwide,receive
huge tax breaks, are not hindered by open meetings and public records
legislation, have vast resources at their disposal, and exercise
substantial political strength.
6. While private power companies complain about local government's
federalist right to finance utilities with tax-exempt bonds, they are
actively lobbying in some state legislatures to have stranded costs
"securitized" with tax-exempt bonds.
ENVIRONMENTAL QUALITY
The City of Fort Collins strongly endorses principles and applies practices to enhance the
environmental quality of the city, including sustainability concepts that promote integrated
planning,design,implementation and management of our natural resources. The City also
promotes environmental stewardship by dealing with land use,transportation and air quality
(LUTRAQ) issues in a coordinated approach.
Therefore, the City supports the following statements:
1. Support legislation that allows the flexible application of financial
resources for environmental needs.
2. Support legislation that enables and reinforces local efforts to plan and
regulate the interrelationships of land use,transportation,air quality and
the regional determination of air quality attainment status.
3. Oppose state preemption of local government authority to adopt
environmental and land use ordinances.
4. Oppose legislation that restricts local government environmental and
land use regulatory authority as now authorized by the Colorado
Constitution and Colorado case law.
FEDERAL BUDGET
The City supports a balanced approach to federal spending that gives favorable
consideration to local support programs. Federal and local governments have worked
cooperatively to help meet basic needs such as transit operations and capital
improvements, community development block grants, water quality monitoring and crime
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prevention. The City strongly supports the continuation of such programs. Moderate
increases in funding will provide for similar levels of service in the future.
It is essential to remember that federal dollars spent at the local level provide the taxpayer
with the most direct and recognizable benefit from their federal taxes.
Therefore, the City supports the following federal budget policy statements:
1. Support the Administration and Congress partnering with state and local
governments to address problems. Disproportionate burdens should
not be placed on cities and towns by inordinately cutting discretionary
programs.
2. Support preservation of the federal guaranteed levels of funding for
transportation, and allocation of all federal motor fuel taxes and other
federal transportation trust funds for their intended transportation
purposes.
3. Support Congress achieving a balanced federal budget that sustains
Social Security, Medicare and key state and local programs, prior to
making tax cuts.
4. Oppose direct assistance to cities and towns being converted to state
control.
5. Oppose legislation that increases the administrative burdens and costs
to local government for implementing federal grants and programs.
6. Oppose discrimination orfavoritism being shown toward any economic
or demographic group.
7. Oppose modification of accounting, procedural or budget rules to
continue to be used as a substitute for prudent financial management.
8. Oppose legislation that mandates collective bargaining rights for public
safety officers employed by states or their political subdivisions.
FINANCE
As a municipality, the City of Fort Collins faces many complex financial issues. The Fort
Collins City Council has adopted financial and management polices to establish guidelines
for long-range financial planning and to help in preparing the City's budget.
Many of the provisions of Article X, Section 20 of the Colorado Constitution (TABOR)
unnecessarily constrain local government. By a voter-approved measure, Fort Collins has
opted out of the requirement to refund revenue collected over the limit. The measure
earmarked the funds for specific purposes. However, many other aspects of Article X,
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Section 20, continue to place unnecessary hurdles in the way of efficient and effective city
government.
Strong fiscal planning, prudent debt management and preservation of the City's revenue
base are vital in maintaining and improving the City's financial health.
Therefore, the City supports the following policy statements:
1. Support the continuation of existing financing methods and the addition
of new methods for local government to support the provision of
municipal services.
2. Support legislation that promotes economic developments that are
consistent with the City's economic policy.
3. Support municipal authority to establish public improvement fees as a
tool for funding public improvements.
4. Support increased state funding and budgetary autonomy for Colorado
State University and Front Range Community College.
5. Support equitable polices among taxing jurisdictions when offering
financial incentives to business.
6. Support legislation or ballot measures that would remove or modify
provisions of Article X,Section 20,that inhibit the ability of public entities
to receive and retain user fees for services that residents and
customers desire.
7. Support promoting the equitable treatment of sales and use taxes to
residents and corporations residing or doing business in cities and
towns whether the transaction is made on-site, electronically (e-
commerce) or by mail. The City recommends that taxes be as broad-
based as possible and that exemptions be extremely limited.
8. Support federal legislation that recognizes the importance of sales and
use tax to local, self-collecting municipalities and appropriately
distributes sales tax collections on e-commerce transactions.
9. Support the use of surplus State revenue to benefit primary services
identified by the City.
10. Oppose State mandated reductions to the current property tax
structures without specific revenue replacement provisions.
11. Oppose legislation that reduces the City's revenue base and would
subsequently require voter approval for replacement funding.
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Investments
The Fort Collins City Council has adopted investment polices to be used by the City. The
policies are reviewed and update periodically to ensure the quality of the portfolio to
maintain liquidity and to maximize portfolio earnings.
Therefore, the City supports the following policy statements:
1. Support legislation designed to protect,without unnecessarily restricting
the investments of government entities.
2. Support legislation that provides for adequate investment disclosure by
the City to the public, including market value reporting.
3. Oppose any legislation that would require municipalities to participate
in investments that do not meet the objectives set forth in the City's
policies.
4. Oppose restrictions on the City's ability to adopt its own investment
policies.
Privatization
The City of Fort Collins spends approximately 58% of its budget on outside contracts for
goods and services. This level of privatization has given the citizens of Fort Collins good
quality and cost efficiency for many years.
Therefore, the City supports the following policy statements:
1. Support provision of services through private enterprise when in the
public's best interest.
2. Support local control of the awarding of contracts and the accountability
of local officials for those actions.
3. Oppose mandates that increase the complexity and cost of services
without improving those services.
Sales and Use Tax
The City of Fort Collins levies, administers and collects its own sales and use taxes under
its home rule authority. These revenues would decrease dramatically if the City was forced
to adopt the much narrower State sales tax base and revert to centralized State collection
of revenues.
Therefore, the City supports the following policy statements:
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1. Support legislation that maintains local control over base, rates,
collections and administration of sales and use taxes.
2. Support cooperative efforts ofthe State, municipal and business entities
to simplify sales and use tax collection and maintain uniform definitions.
3. Support cooperative audits by governmental agencies in order to
provide better customer service and minimize disruption to major
taxpayers.
4. Support state legislation that recognizes the local sales tax base when
distributing sales tax collected on e-commerce transactions.
5. Support federal legislation that gives state and local governments the
authority to collect legally due sales and use taxes on remote sales
without undue restrictions.
6. Oppose legislation that creates State sales and use tax exemptions that
would contradict current compatible State and local interpretations.
7. Oppose legislation at the State and Federal level that preempts local
authority to impose and collect sales and use taxes.
FIRE PROTECTION
The Fort Collins City Council recognizes the critical importance of maintaining a safe
environment and protecting the lives and property of the citizens of Fort Collins from fire.
Therefore the City supports the following policy statements:
1. Support legislation adopting a State fire code, the code of choice being
the Uniform Fire Code or the 2006 International Fire Code, which
establishes a State minimum standard for fire code enforcement in
existing and newly-constructed structures. Permit local option for
municipalities to impose more restrictive standards. U.F.C. adopted
should be 1997 or later.
2. Support legislation that requires the installation of fire protection
systems in structures to enhance life safety and property protection.
3. Supportthe mandatory installation of carbon monoxide detectors in new
structures.
4. Support legislation that strengthens the City's ability to prohibit the use
and sale of all fireworks and legislation that allows counties and fire
districts to prohibit and otherwise control fireworks.
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5. Support legislation that promotes fire safety education and prevention
for all city residents with the goal of reducing injury, loss of life and
property damage.
HAZARDOUS MATERIALS MANAGEMENT
It is an important concern of the City to safeguard Fort Collins' health and environmental
safety by reducing risks from the unauthorized release of hazardous materials or
hazardous waste.
Therefore, the City supports the following policy statements:
1. Support legislation that allows the city to continue controlling risks from
hazardous materials use, storage and transportation through the
adopted editions of the Uniform Building and Fire Codes and related
local amendments.
2. Oppose legislation that restricts the city's ability to review and approve
the location of facilities that use or store hazardous materials or
hazardous waste.
3. Support legislation requiring environmental impact and health risk
assessments to be prepared and receipt of a Certificate of Designation
(CD)from counties or municipalities to establish new hazardous waste
incineration facilities.
4. Support legislation to encourage pollution prevention programs (P2)as
preferred hazardous materials and hazardous waste management
strategies.
5. Support legislation that strengthens the enforcementof state hazardous
materials regulations.
6. Oppose legislation that restricts the City from adopting local strategies
and regulations for hazardous materials and waste reduction.
HOME RULE
The City of Fort Collins is a home rule municipality. We strongly believe in the importance
of Article XX of the Colorado Constitution. Article XX grants home rule municipalities "full
right of self-government in local and municipal matters." Home rule is of utmost importance
to the City of Fort Collins.
The Fort Collins City Council believes that the principle of home rule authority affords the
citizens of Fort Collins greater access to government and increased opportunity for
participation and contribution to the decision making process. Home rule authority
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enhances the quality of life in the community and the ability of local government to respond
to the needs of its citizens.
Therefore, the City supports the following policy statements:
1. Support legislative efforts to strengthen home rule authority of municipal
governments.
2. Oppose legislation that requires State or Federal intervention in matters
of local concern and which unnecessarily or adversely affect the City's
ability to manage pursuant to its home rule authority.
3. Oppose any legislation that would limit the City's ability, as a home rule
municipality, to regulate the possession or use of firearms, or other
deadly weapon.
4. Support legislation that clarifies the right of home rule cities to self-
governance in establishing reasonable land development conditions and
fees.
AFFORDABLE HOUSING
The Fort Collins Housing Authority is part of the effort undertaken bythe City of Fort Collins
and Larimer County. The mission of the Fort Collins Housing Authority is to promote
adequate and affordable housing, economic opportunity and a suitable living environment
free of discrimination.
Therefore, the City supports the following policy statements:
1. Support involvement of the State and Federal government in order to
maintain current levels of HUD funding for affordable housing in
Colorado.
2. Support creation of an Affordable Housing Trust Fund.
3. Support restoration of state general fund dollars cut from the Colorado
Division of Housing. Funds are used for state-wide grants and loans for
affordable housing.
4. Oppose legislation that limits our ability to generate alternative sources
of funding, especially through public-private partnerships.
5. Oppose legislation that would limit the City's ability to regulate and
manage affordable housing.
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6. Oppose legislation that increases administrative burdens and costs
associated with affordable housing without increasing provision of
services at the local level.
LIBRARY SERVICES
The City recognizes the critical importance of free access to information resources in a
democratic society and is committed to providing the community with excellent library
services.
Therefore, the City supports the following policy statements:
1. Support providing library services to people of all ages, abilities, income
levels and ethnicity.
2. Support intellectual freedom and access to information but provide
parents and guardians with options to filter internet access for minors.
3. Support legislation that enhances the City's ability to provide library
services forthe interest,information,enlightenment and lifelong learning
of all people.
4. Support providing children and adults with the skills they need to read
proficiently and to use the information resources available in a modern
global information society.
5. Support funding for library services.
NATURAL AREAS AND OPEN LANDS
The City has a vigorous program to protect natural areas and other important open lands
within Fort Collins, within our Community Growth Management Area, and regionally.
Natural areas and open lands fulfill many roles within our urban environment. They provide
habitat for wildlife, maintain scenic beauty, protect water quality, help treat storm-water
runoff, store floodwater, provide bufferzones between communities and differing land use,
provide opportunities for passive and active recreation,enhance educational opportunities
and improve the urban setting for people. Undeveloped land areas also help to provide a
sustainable balance to manage the effects of growth, new construction and increasing
levels of air pollution in the natural environment.
Sustainability is the long-term social,economicand environmental health ofourcommunity.
Quality human-scale urban design, energy efficient building practices, economic health,
diversity of housing, public safety, environmental protection and mobility are elements of
a sustainable community.
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The City uses many tools in our land protections program, including:fee-simple acquisition
of land and water, conservation easements, incentives for voluntary efforts by private
landowners, education and outreach, and zoning and development standards within our
land use code. The City works in partnership with other communities, Larimer County,
private land trusts, Great Outdoors Colorado, community groups, and state and federal
agencies to achieve community and regional conservation goals.
Therefore, the City supports the following policy statements:
1. Oppose legislation that restricts local government environmental and
land use regulatory authority as now authorized by the Colorado
Constitution and Colorado case law.
2. Support legislation that provides tax incentives for voluntary land
conservation by private landowners.
3. Oppose legislation that reduces the effectiveness of existing federal and
state protection for wetlands, wildlife habitats, and other sensitive
natural areas.
4. Support additional funding for state and federal land conservation
programs.
5. Support federal legislation necessary to fully implement the Cache la
Poudre River Corridor Act.
PARKS AND RECREATION
The City is committed to providing the community with excellent parks and recreation
services and facilities. Our citizens enjoy abetter quality of life, improved health, less crime
and a greater sense of community because of our quality parks and recreation programs.
Therefore, the City supports the following policy statements:
1. Support funding and legislation that enhances the economic vitality for
parks, cemeteries, trails, forestry, horticulture and recreation services
and facilities.
2. Support use of Great Outdoors Colorado and other state sources forfull
funding of municipal government projects, with maximum local
discretion regarding local needs and priorities.
3. Support partnerships that improve the provision of parks and recreation
services and facilities to the community.
4. Support programs for youth, at-risk teens, and for persons with
disabilities.
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5. Supports legislation that expands or enhances volunteerism and
community service to address the civic, social and recreational needs
of our community.
PLANNING AND LAND USE
Effective local land use planning and land development regulation contributes greatly to the
quality of life enjoyed by Fort Collins residents. State action and legislation can greatly
affect the ability of local governments to develop and implement land use plans for their
communities.
Therefore, the City supports the following policy statements:
1. Support legislation that establishes programs to remove barriers to
effective local land use planning and land development regulation.
2. Support legislation and establishment of programs to enable
intergovernmental or regional cooperation in land use planning and land
development regulation.
3. Support enabling legislation to clearly provide for the local option to
impose school impact fees.
4. Support legislation that encourages the integration of sustainability
measures in new land uses and development. Quality human-scale
urban design, energy efficient building practices, economic health,
diversityof housing, public safety,environmental protection and mobility
are elements of a sustainable community.
5. Oppose legislation that would inappropriately limit local government
authority to regulate land development and local government authority
to impose growth impact fees.
6. Oppose legislation that would extend the definition of a compensable
taking beyond the provisions of existing court decisions and case law.
7. Oppose legislation that would broaden the definition of vested property
rights beyond the provisions of current state law.
8. Support specific legislation that would establish a baseline of consistent
and coordinated basic land use and transportation planning within the
State's rapidly growing communities. This planning should be based on
consistent and credible population forecasts and should support growth
management techniques such as establishment of urban growth
boundaries and adequate public facilities requirements.
9. Oppose efforts that limit a municipality's right to annex.
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10. Oppose federal takings legislation and protect local authority to make
land use decisions.
Subdivisions
Many states in the West allow local governments to vacate obsolete plats and subdivisions
that do not meet current planning and development standards. Colorado does not.
Generally obsolete is defined as follows: (a) platted at least a decade ago; (b) does not
meet current planning standards; and (c) is either substantially undeveloped or threatens
public health and safety based on conditions not known at the time of final plat approval.
Additionally, a subdivision could be considered obsolete if a developer has breached a
development agreement with the local government. Obsolete would not include vested
rights.
Therefore, the City supports the following policy statements:
1. Support legislation that allows counties to review all subdivisions up to
160 acres.
2. Support legislation that allows local government to vacate obsolete plats
and subdivisions where appropriate.
PUBLIC SAFETY AND VIOLENCE PREVENTION
Neighborhood Resources
The City recognizes that early intervention and alternative dispute resolution services are
important tools in restoring and maintaining strong and safe neighborhoods in Fort Collins.
By empowering individual citizens to resolve their own problems peacefully and
permanently, quality of life is improved for the entire community.
Therefore, the City supports the following policy statements:
1. Support local, state and national funding efforts for the provision of
community-based mediation and other alternative dispute resolution
services.
2. Support the expansion of mediation services to meet the needs of a
growing and diverse Fort Collins community.
3. Support community outreach and education efforts to provide effective
conflict resolution and communication skills to any citizen group
requesting or in need of such.
4. Support collaborative efforts between City-sanctioned mediation
services and youth-based dispute resolution programs to share
resources, information and training.
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5. Support legislation that facilitates the eviction of public nuisance
tenants.
Police Services
The Fort Collins City Council recognizes the critical importance of maintaining public order,
providing a safe environment, and protecting the lives and property of the citizens of Fort
Collins. The City Council is particularly concerned with the issue of violence,particularly youth
violence, and has adopted this matter as one of its policy agenda items.
Therefore, the City supports the following policy statements:
1. Support legislation that has the potential of reducing incidents of
violence in the community,with special attention directed towards youth
violence.
2. Support legislation that impacts youth violence problems through the
development of treatment and intervention programs.
3. Support legislation and funding that provides greater protection to
victims of domestic violence.
4. Support legislation that respects the City's home rule right to use
camera radar and red-light cameras to enforce traffic laws, and for the
city to control fines associated with violations.
5. Support legislation that would amend state laws relating to the issuance
of concealed weapon permits so as to vest the authority to issue such
permits with the Colorado Bureau of Investigation (CBI)at no cost to the
municipality in which the applicant resides.
6. Support an adequate public radio spectrum being preserved for use by
local police, fire and emergency response services.
7. Support increased funding for a statewide communications program.
8. Oppose programs that compromise officers' safety, support drug use
and do not have a proven track record in reducing drug abuse.
9. Oppose legislation that limits local access to State motor vehicle
records for communities that do not comply with camera radar
legislation.
Public Safety Pensions
The Fort Collins City Council recognizes police officer and firefighter pension, death and
disability benefits are unique and are jointly funded by state and local governments.
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Changes in state funding levels for benefits may affect the City's ability to provide public
safety services.
Therefore, the City supports the following policy statements:
1. Oppose legislation that reduces current state funding of these benefits
or shifts in funding to local governments beyond current proportions.
2. Oppose legislation that allows employees with defined contribution
plans to return to defined benefit plans if there is a cost to local
government.
RECYCLING AND SOLID WASTE
Waste collection responsibility is shared by three entities: private business,the City of Fort
Collins and Larimer County. Solid waste and recycling collection services are provided by
private businesses in Fort Collins. Private haulers deliver waste to several landfills,
including the Larimer County landfill which is jointly owned by Larimer County, the City of
Fort Collins and the City of Loveland. The majority of collected recyclables are delivered
to the Larimer County Recycling Center.
The City of Fort Collins regulates the operation of private trash hauling companies through
local licensing requirements that include (1) a mandate to provide recycling collection
services to both the residential and commercial sectors, (2) a provision of curbside
recycling to residential customers at no additional charge, and (3) application of variable
trash rates to residential customers.
In addition, the City provides a variety of public information and outreach programs to
encourage recycling in the community.
Therefore, the City supports the following policy statements:
1. Support integrated waste management planning for local and regional
communities.
2. Support legislation that provides incentives and funding for efforts by
local government and private enterprise to promote waste reduction,
reuse and recycling.
3. Support"buy recycled" policies for government agencies procurement.
This will ultimately lead to increased opportunities for local recycling
efforts because greater demand will be present for"end products" and
the market will provide more profitable pricing.
4. Support legislation that expands state and regional markets for
materials collected in local recycling programs.
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5. Support legislation that broadens the regulatory authority of local
government to ensure the efficient collection and processing of
recyclable material and solid waste.
6. Support establishing a solid waste goal up to 35% or better for
Colorado's rate of diversion of its waste stream from landfill disposal.
7. Support increased involvement by the State in collection and monitoring
data on trash volumes and rates of diversion from landfill disposal.
8. Support legislation that requires implementation ofvariable
(" a as ou
throw") trash rates throughout Colorado.
9. Support corporate incentives to use secondary material in
manufacturing.
10. Support consideration of landfill surcharges that fund recycling efforts.
11. Support consideration of certain waste restrictions in Colorado landfills,
e.g. "green" ban of organic materials, or "white goods" ban.
12. Support legislation to require a deposit fee on beverage containers and
electronic equipment (i.e. computers) that would be used to pay for
recycling programs.
13. Oppose legislation that limits the ability of local government to regulate
the activities of private waste or recycling collectors to ensure the
provision of efficient solid waste and recycling services.
14. Oppose legislation that limits the ability of local government to provide
waste or recycling collection or processing services to citizens.
RISK MANAGEMENT
The City of Fort Collins recognizes the dual purpose of the workers' compensation system
— providing benefits promptly to injured employees in a cost-effective manner and
minimizing costly litigation. Council also recognizes that the City's self-insurance program
is a cost efficient method to insure workers' compensation and that government
intervention or taxation can negatively impact the City.
Therefore, the City supports the following policy statements:
1. Support legislation that improves administrative efficiency of the Division
of Workers' Compensation.
2. Oppose legislation that increases insurance premium costs to
employers.
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