HomeMy WebLinkAbout1997-140-10/21/1997-1998 LEGISLATIVE AGENDA RESOLUTION 97-140
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE CITY'S 1998 LEGISLATIVE AGENDA
WHEREAS, state and federal legislation may impact the citizens of Fort Collins, affecting
their quality of life; and
WHEREAS, such state and federal legislation may influence the operations of municipal
governments, including the City of Fort Collins; and
WHEREAS, Councilmembers and City staff are asked to state the City's policy position on
state and federal legislation; and
WHEREAS, members of the Legislative Review Committee desire to provide timely and
effective input in their reaction to such legislation, pursuant to Council policy as established in the
Council's Legal Agenda.
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 1998 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 1998 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 21 st day
of October, A.D. 1997.
Mayor
ATTEST:
City Clerk
Exhibit A
THE COUNCIL OF THE
CITY OF FORT COLLINS
199 8 LEGISLATIVE AGENDA
City of Fort Collins
October 21, 1997
CITY OF FORT COLLINS
1998 LEGISLATIVE AGENDA
TABLE OF CONTENTS
City of Fort Collins Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 1
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 2
Fort Collins' Legislative Review Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 2
Legislative Review Committee Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 3
1. Air Quality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 4, 5
2. Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 5
3. Environmental Quality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 5, 6
4. Federal Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 7, 8
5. Finance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 7, 8
6. Fire Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 8
7. Hazardous Materials Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 8, 9
8. Home Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 9
9. Investments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 9, 10
10. Light and Power
NetMetering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 10
Retail Wheeling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 11-13
Tax-Exempt Financing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 13,14
11. Municipal Utility Service Territory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 14
12. Natural Areas and Open Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 14, 15
13. Obsolete Subdivisions,Vacation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 15
14. Planning and Land Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 15, 16
15. Privatization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 16
16. Public Safety and Violence Prevention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 16, 17
17. Public Safety Pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 17
18. Recycling and Solid Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 17, 18
19. Sales and Use Tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 18, 19
20. Sovereign and Governmental Immunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 19
21. Special Improvement Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 19, 20
22. Telecommunications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 20,21
23. Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 22
24. Water Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 23,24
25. Worker's Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 24
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 100,000 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, establishing the Council-Manager form of government, was adopted by the
electors of the city on October 5, 1954.
COUNCIL OF THE CITY OF FORT COLLINS
Mayor Ann Azari - At-Large
Council Member Mike Byrne - District 5
Council Member Bill Bertschy - District I
Council Member Chris Kneeland - District 4
Council Member Scott Mason - District 3
Council Member Will Smith - District 2
Council Member Charles Wanner - District 6
1
INTRODUCTION
1998 LEGISLATIVE AGENDA
The City of Fort Collins' 1998 Legislative Agenda identifies issues of importance to the City of
Fort Collins. The Agenda expresses policies and positions on issues which affect the quality of
life and the governance of our community. This Agenda has been adopted by the full Council,
and we offer this Agenda to our Legislators as a guideline when considering legislation which
impacts Fort Collins.
The issues identified have historically been addressed by the General Assembly and may also
apply to some federal legislation. The policy statements in the 1998 Agenda were developed in
advance of the 1998 General Assembly, and are necessarily very broad and are not all-inclusive.
The City will continue to contact Legislators regarding City positions on specific bills throughout
the 1998 legislative session. We encourage Legislators to contact Fort Collins City Council
Members and staff 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 the 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 Council
Member Scott Mason, Chair of the Legislative Review Committee, Mayor Ann Azari and Mayor
Pro Tem Will Smith. The Committee is supported by City staff with expertise in various
technical areas. The City works closely with the Colorado Municipal League on all legislative
items.
2
LEGISLATIVE REVIEW COMMITTEE MEMBERS
Council Members
Ann Azari Mayor (970) 221-6505
Scott Mason Councilmember 221-6505
Will Smith Mayor Pro Tern 221-6505
Staff Members
John Fischbach City of Fort Collins, City Manager 221-6505
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
Diane Jones Deputy City Manager 221-6505
Alan Krcmarik Finance Director 221-6788
Blair Leist Assistant to the Director of Administrative Services 221-6796
Legislative Affairs Coordinator
Gale McGaha Miller Water Quality Technical Manager 221-6231
Rita Davis Senior Project Manager, Police Services 221-6628
Rondall Phillips Director of Transportation Services 221-6615
Steve Roy City Attorney 221-6520
Tom Shoemaker Natural Resources Director 221-6263
Michael Smith Water/Wastewater Utilities Director 221-6681
Liz Stroh Integrated Resources Manager 221-6522
Bill Switzer Utility Economist, Light and Power 221-6713
Tom Vosberg Community Planning and Environmental Services
Policy Analyst 221-6224
Kevin Wilson Fire Marshall, Poudre Fire Authority 221-6570
Brian Woodruff Environmental Planner 221-6604
3
AIR QUALITY
The City's adopted Air Quality Policy Plan established a strong overall air quality goal, "to
continually improve Fort Collins air quality as the City grows," and defined a policy framework
for continuing actions to improve air quality. Several of these policies support taking a position
on air quality matters that may impact the city.
- The City supports adoption of state and federal standards that provide for improved health
benefits and improved air quality. The City supports adoption of standards which are
stringent enough to protect regional, not just local, air quality, because air sheds do not
respect urban boundaries. The City opposes adoption of standards that constitute a
weakening of existing air quality standards.
- The City opposes any action of the State Legislature that restricts local government
authority to improve air quality beyond minimum State requirements.
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 Latimer County Health
Departments to assure that local sources comply with Colorado Air Quality Control Commission
regulations.
- The City supports legislation to assure that the State and County Health Departments have
adequate responsibility, authority, and resources (funding and personnel) to enforce
regulations adopted by the Colorado Air Quality Control Commission.
- The City supports legislation that assures the enforcement of Federal, State, and County air
quality regulations.
The City's adopted objective for motor vehicles is to prevent total vehicle emissions from rising
after year 2000, by reducing the growth rate of total vehicle-miles of travel, and by reducing
tailpipe emissions per mile from motor vehicles.
- The City supports 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.
- The City supports inspection/maintenance (I/M) legislation that will further
reduce tailpipe emissions per mile and help prevent total vehicle emissions from
rising after year 2000. The City is committed to working with other communities to
craft future I/M legislation that is flexible enough to allow each community to pursue its
4
air quality goals. To that end,the City participates with the North Front Range Transportation
and Air Quality Planning Council in a committee process to recommend an improved
local/regional I/M program to replace the existing program which sunsets in December 2001.
EDUCATION
The Fort Collins City Council recognized that a well maintained and funded educational system
is critical to economic vitality and the continued health of the community.
Therefore, the Fort Collins City Council supports the following policy statements:
- Support legislation for additional educational funding for K-12 and higher education.
- Support the development of reliable and fair funding mechanisms that are real additional
dollars and are not regressive; such as, graduated income taxes or impact fees, etc.
- Support the consideration of other viable funding options.
- Support enabling legislation to clearly provide for the local option to impose school impact
fees, consistent with the Governor's Smart Growth recommendations.
ENVIRONMENTAL QUALITY
The City of Fort Collins vigorously endorses principles and applies practices to enhance the
environmental quality of the City. The City is working toward environmental solutions through
cooperative efforts in dealing with land use, transportation, and air quality (LUTRAQ) issues.
Therefore,the Fort Collins City Council supports the following policy statements:
- Support legislation that allows the flexible application of financial resources for
environmental needs.
- Support legislation that enables local efforts to plan and regulate the interrelationships of
land use,transportation, and air quality.
- Oppose legislation that allows state preemption of local government authority to adopt
environmental and land use ordinances.
- Oppose legislation that restricts local government environmental and land use regulatory
authority as now authorized by the Colorado Constitution and Colorado case law.
5
FEDERAL BUDGET
The City of Fort Collins, Colorado, recognizes that the reduction of the federal deficit and the
restoration of sound fiscal policy are critical to the economic future of America. Fort Collins
supports an equitable and fair approach to eliminating the federal budget deficit over a
reasonable period of years, hopefully by the year 2002.
The approach by Congress to eliminate the deficit has been to make deep cuts in some
programs, many of which support key municipal programs, while leaving some of the largest
entitlement and discretionary programs untouched. With regard to revenue, a tax cut has also
been considered which may reduce available revenues even further. We believe this approach
is inequitable and discriminatory and should be modified.
Modifications must recognize the fact that the federal deficit could be eliminated in seven years
if all expenditures in the federal budget were not allowed to grow more than two percent per
year. The most equitable, least politically motivated solution is to limit the budget of all
Federal programs to annual growth of two percent or less.
Fort Collins supports the National League of Cities Statement of Principles Regarding Federal
Budget and Governance which provides, in part:
The leaders of the nation's cities and towns recognize it is time for a significant change
in governance and in the role of the federal government. We support fundamental
changes to reduce federal deficits and to make government more effective and
accountable. We believe that deficit reduction is important and also that addressing
America's problems is important. NLC believes that all budget elements - all entitlement
programs, tax expenditures, revenues, defense and discretionary spending - must be on
the table for any credible and equitable deficit reduction effort. NLC believes that
eliminating the federal deficit must be hand-in-hand with balancing decision-making
responsibility among local, state and federal leaders. (Emphasis added.)
Budget items on which federal and local governments have worked together to help meet basic
needs, such as transit operations and capital, community development block grants, water quality
monitoring, and crime prevention, are items that should not be cut drastically. These programs
would probably survive and continue providing similar levels of service without increases or
with moderate reductions. It is important to remember that federal dollars spent at the local level
provide the taxpayer with the most direct and recognizable benefit from their taxes. Drastic,
debilitating cuts in local federal spending will undermine any belief that federal taxes benefit the
taxpayer.
Therefore, the City of Fort Collins City Council supports the following guidelines:
6
- All entitlement programs, including tax expenditures, revenues, and all discretionary
spending, must be "on the table" for discussion. All programs should be treated with some
equity in the budget process so everyone shares the pain.
- Federal tax expenditures should be subject to review and change to assure that these
programs contribute, along with entitlement programs, to deficit reduction in a manner
consistent with all other expenditure programs.
- No discrimination or favoritism should be shown toward any economic or demographic
group.
- Budget problems should not be made worse and left on the doorstep of local government,
and disproportionate burdens should not be placed on cities and towns by inordinately
cutting discretionary programs.
- Direct local assistance should not be converted to state control.
- Accounting rules or other procedural or budget rules should not continue to be altered as a
substitute for actual deficit reduction.
- Tax cuts should be postponed until explicit legislation to achieve a balanced federal budget
is fully implemented.
FINANCE
The City of Fort Collins recognizes the complex financial issues facing local municipalities.
The Fort Collins City Council has adopted Financial and Management Policies to establish
guidelines for long-range financial planning and to help in preparing the City's budget. With
revenue growth limited by a 1992 amendment to the State Constitution. (Article X, Section 20),
it has become increasingly important to better manage the City's resources. Strong fiscal
planning, prudent debt financing and preservation of the City's revenue base are vital in
improving and maintaining the City's financial health.
Therefore,the Fort Collins City Council supports the following policy statements:
- Support legislative efforts that strengthens the local financing authority of municipal
governments.
- Support legislation that promotes public and private sector economic development efforts
that are consistent with the City's economic development policies.
7
- Support legislation that promotes equity among taxing jurisdictions when offering financial
incentives to business.
- Oppose State mandated reductions to existing property tax structure without specific
revenue replacement provisions.
- Oppose legislation that reduces the City's revenue base and would subsequently require
voter approval for replacement funding.
FIRE PROTECTION
The Fort Collins City Council recognizes the critical importance of maintaining a safe
environment and protecting the lives and property of the citizens of Fort Collins from fire.
Therefore the Fort Collins City Council supports the following policy statements:
- Support legislation adopting a State fire code, the code of choice being the Uniform Fire
Code, which establishes a State minimum standard for fire code enforcement in existing
and newly-constructed structures. Permit local option for municipalities to impose more
restrictive standards. U.F.C. adopted should be 1991 or later.
- Support legislation that allows the City to continue prohibiting the use and sale of all
fireworks and support legislation that allows counties and fire districts to prohibit and/or
otherwise control fireworks.
- Support legislation that allows the City to continue prohibiting the use of non-rated wood
roofing materials and support legislation that allows counties and fire districts to prohibit
and/or otherwise control the use of non-rated wood roofing materials.
HAZARDOUS MATERIALS MANAGEMENT
It is an important concern of the City to safeguard Fort Collins' health and environmental safety
by reducing risks from the unauthorized release of hazardous materials or hazardous waste.
Therefore, the Fort Collins City Council supports the following policy statements:
- Support legislation that allows the City to continue controlling risks from hazardous
materials use and storage through the adopted editions of the Uniform Building and Fire
Codes and related local amendments.
8
- Oppose legislation that restricts the City's ability to review and approve the location of
facilities that use or store hazardous materials or hazardous waste.
- Support legislation 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.
- Support legislation to encourage pollution prevention programs (PPP) as preferred
hazardous materials and hazardous waste management strategies.
- Support legislation that strengthens the enforcement of state hazardous materials
regulations.
- Oppose legislation that restricts the City from adopting local strategies for hazardous
materials and waste reduction.
HOME RULE
The City of Fort Collins is a home rule municipality. We strongly believe in the importance of
Article XX of the Colorado Constitution which grants home rule municipalities "full right of
self-government in local and municipal matters." Home rule is of utmost importance to the City
of Fort Collins, and is a concept that the City generally fights strongly to protect.
The Fort Collins City Council believes that the principle of home rule authority affords the
citizens of Fort Collins greater access to local government and greater opportunity for
participation in and contribution to the decision making process, thereby enhancing the quality of
life in the community and the ability of local government to respond to the needs of its citizens.
Therefore, the Fort Collins City Council supports the following policy statements:
- Support legislative efforts to strengthen home rule authority of local municipal
governments.
- Oppose legislation that mandates State or federal intercession in matters of local concern
and which unnecessarily or adversely affects the City's ability to manage pursuant to its
home rule authority.
INVESTMENTS
The Fort Collins City Council has adopted investment policies to be used by the City . The
policies are reviewed and updated periodically to ensure the quality of portfolio, maintain
9
liquidity and to maximize the earnings of the portfolio.
Therefore, the Fort Collins City Council supports the following policy statements:
- Support legislation designed to protect the investments of government entities.
- Support legislation that provides for adequate investment disclosure including market
value reporting.
- Oppose any legislation that would require municipalities to participate in investments that
do not meet the objectives set forth in the City's policies.
- Oppose restrictions on the City's ability to adopt its own investment policies.
LIGHT AND POWER
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 produced more energy
than they consumed, the excess power would flow into the utility system and the meter would
run backwards reflecting a negative net energy flow.
In 1997 Colorado State House Bill 1305 titled"A BILL FOR AN ACT CONCERNING NET
ENERGY METERING FOR ELECTRIC POWER" was introduced by Representative Mark
Udall in the House Transportation and Energy Committee. The bill did not make it out of
committee and, at that time, was opposed by the Colorado Association of Municipal Utilities
(CAMU) for reasons related to deregulation issues, not the bill per se. It is expected that the
legislature will again take up legislation on Net Metering.
It is the position of the Fort Collins Electric Board that City Council should support net metering
legislation as a way to promote renewable energy if the following items are addressed:
1. Safety -- for the protection of Utility Employees and the public the facility must be in
accordance with applicable codes and standards. These include National Electrical Code
and Utility requirements;
2. Cost recovery -- reasonable fixed costs of transmission, distribution and generation backup
are recovered from the customers on the program; and
10
3. Energy Credit-- that generated energy from the customer would be credited at the
appropriate cost reduction to the Utility.
Retail WheeliM
Retail wheeling permits delivery of electric power to customers from a third party over the local
distributor's lines. The City of Fort Collins does not oppose retail wheeling per se. However,the
City of Fort Collins has adopted guidelines developed by the Colorado Association of Municipal
Utilities (CAMU) to guide the discussion of retail wheeling in Colorado.
The Colorado electric utility industry has always delivered high-quality, reliable power at
comparatively low rates. the 29 municipally-owned electric systems in Colorado, which supply
electric service to over 600,000 citizens, are concerned about the impact that retail wheeling may
have on our state and this industry. While the Colorado Association of Municipal Utilities
(CAMU) favors the availability of low cost electric supply to all customers, there are several
issues that must be resolved before retail wheeling can become a service of benefit to Colorado
consumers and the Colorado electric industry. The electric utility industry is currently very
unsettled with active debate being carried on about a number of serious issues, including FERC
jurisdiction over transmission access, the potential disposition of federal hydro power facilities,
mergers and acquisition, etc.
Therefore, specific legislation mandating retail wheeling is premature.
It is imperative, due to the broad public policy implications, that state official and affected
interests study the benefits, risks, implications, and impacts of retail wheeling on the customers
of Colorado guided by the following principles:
1. We oppose any federal and/or state mandate requiring municipal utilities to
implement retail wheeling. In order to preserve local control, municipal utilities must
be given a local control choice option to determine the extent to which retail wheeling
may be implemented and the rules governing implementation.
2. Customers that may be unable to take advantage of retail wheeling opportunities,
including residential, commercial and small industrial customers, must be
protected from adverse rate effects.
3. The constitutional and statutory right of consumer-owned utilities to establish their own
rates must be retained.
4. Rates,terms and conditions for retail wheeling service offered by municipally-owned
utilities must be established by the local governing body. The provisions of C.R.S.
Article 40-3.5-101, et seq. must apply to wheeling rates for service outside municipal
boundaries.
11
5. For reasons of health, safety, aesthetics and the rational and efficient use of the public
right-of-way, any retail competition legislation must prohibit the unnecessary and
economically wasteful duplication of distribution facilities. Customers must not be
allowed to bypass the facilities of the incumbent utility.
6. The distribution utility must retain the right to meter and bill all customers (including
retail wheeling customers), retain the right to investigate and claim recovery for energy
diversion, and retain the right to disconnect service for non-payment.
7. All industry sectors must be subject to identical requirements concerning open meetings
and public records.
8. Full recovery of the costs associated with the ownership of the distribution system that
delivers the electric supply to the retail wheeling customer must be allowed. These
costs 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.
9. The responsibility of the retail wheeling customer to secure back-up power must be
clarified to ensure the integrity of the system for the protection of the other customers
receiving service over the distribution system.
10. There must be a method of recovering the costs associated with power supply assets,
generation fuel costs, power purchase contracts, production costs, and other costs, that
are "stranded"when a sales customer switches to retail wheeling service.
11. The extent of the obligation, or lack thereof, on the part of the distribution utility to
provide sales service to former retailing wheeling customers who request to return to
sales service must be defined, including the opportunity for full cost recovery.
12. In order to promote regional equity, the creation of retail competition in Colorado must
not occur until reciprocal competitive retail markets are created in states adjacent to
Colorado.
13. Industry participants must be prohibited from engaging in unfair competitive practices,
such as discriminatory or predatory pricing.
14. The incumbent serving utility must be given a right of first refusal to match any
bonafide offer to provide comparable power at comparable prices to retain existing
customers.
15. Any legislation mandating retail wheeling must contain an "effective date" sufficient to
afford utility providers with adequate time to prepare themselves for competition.
12
16. Reliability and quality of service must not be degraded in any way.
Tax-Exempt Financing
Because the Fort Collins Light and Power department has been debt free,tax-exempt financing
has not been an issue in the past. However it may be an issue for Platte River Power Authority
and could become an issue for the City if it moves into areas of natural gas supply,
telecommunications, etc. It would be in the interests of the City of Fort Collins to support the
CAMU (Colorado Association of Municipal Utilities) position regarding tax-exemption
financing which follows:
CAME supports the use of tax-exempt financing for facilities owned by municipal utilities and
political subdivisions of the states. CAMU is opposed to any changes in the tax laws which
would limit use of tax-exempt financing of facilities. The following important points need to be
considered:
- Public power systems are eligible to issue tax-exempt bonds because they are entities of
state and local government, providing local choice and local control,just as private
power companies are eligible to enjoy certain tax benefits afforded all private corporations.
- The underlying principle behind public power's ability to issue tax-exempt bonds lies in
our federalist system. State and local governments are not allowed to tax the revenue
raising instruments of the federal government; likewise, the federal government should
not tax the revenue raising instruments relied upon by the state and local
governments.
- 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 which 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.
- Language to restrict a public power community's ability to sell power from existing
facilities could lead to default of existing bonds. This not only jeopardizes the financial
stability of the local government, but also presents substantial risk to bondholders.
Because tax-exempt bonds have been considered to be safe investments, those affected will
be people who can least sustain a financial loss.
- 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 impeded by open
meetings and public records legislation, have vast resources at their disposal, and exercise
substantial political strength.
13
- 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.
MUNICIPAL UTILITY SERVICE TERRITORY
Cities and towns provide a number of services to their citizens as directed by the local electorate.
These services can include the provision of electricity through a municipally owned and operated
utility. As new areas are annexed, the citizens should have the right to the same services as
provided to other citizens. Through local elections, those citizens have the ability to determine
how and what type of service they receive. Federal or state preemption of this right deprives
citizens of their ability to choose.
In Colorado, existing law provides compensation to a utility that may lose electric load through
annexation. Additionally, the citizens of a city may determine that competing electric utilities are
acceptable, or the citizens may have an election to grant a franchise to another utility.
Therefore, the Fort Collins City Council supports the following policy statements:
- Support efforts that allow citizens to determine the level and extent of municipal services
they will receive thus preserving the home rule authority of local municipal governments.
- Oppose efforts that limit either a municipality's rights to annexation or to provide
municipal utility services to any of its citizens.
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 fullfill many roles within our urban environment. They provide habitat for
wildlife, maintain scenic beauty, protect water quality, help treat stormwater runoff, store
floodwater, provide buffer zones between communities and differing land uses, provide
opportunities for passive and active recreation, enhance educational opportunities, and improve
the urban setting for people.
The City uses many tools in our land protection program, including: fee-simple acquisition of
land and water, conservation easements, incentives for voluntary efforts by private landowners,
education and outreach, and zoning and development standards within our land use code. The
City works in partnership with other communities, Larimer County, private land trusts, Great
Outdoors Colorado, community groups, and state and federal agencies to achieve community and
regional conservation goals.
14
Based on adopted plans and policies,the City has the following positions regarding legislation
that affects natural areas and open lands.
- Oppose legislation that restricts local government environmental and land use regulatory
authority as now authorized by the Colorado Constitution and Colorado case law.
- Support legislation that provides tax incentives for voluntary land conservation by private
landowners.
- Oppose legislation that reduces the effectiveness of existing federal and state protection for
wetlands, wildlife habitats, and other sensitive natural areas.
- Support reauthorization of the Colorado lottery to maintain continued funding for the
Conservation Trust Fund and the Great Outdoors Colorado Trust Fund.
- Support additional funding for state and federal land conservation programs.
OBSOLETE SUBDIVISIONS,VACATION OF
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 Fort Collins City Council supports the following policy statement:
- Support legislation which would allow the County to review all subdivisions up to 160
acres, and which would allow jurisdictions to vacate obsolete plats and subdivisions, where
appropriate.
PLANNING AND LAND USE
Effective local land use planning and land development regulation contributes greatly to the
quality of life enjoyed by Fort Collins residents. State action and legislation can greatly effect the
ability of local governments to develop and implement land use plans for their communities.
Therefore,the City Of Fort Collins supports the following policy statements:
- Support legislation and establishment of programs to remove barriers to effective local land
use planning and land development regulation.
15
- Support legislation and establishment of programs to encourage and enable
intergovernmental or regional cooperation in land use planning and land development
regulation.
- Oppose legislation that would inappropriately limit local government authority to regulate
land development.
- Oppose legislation that would extend the definition of a compensable taking beyond the
provisions of existing court decisions and case law.
- Oppose legislation that would broaden the definition of vested property right beyond the
provisions current of state law.
PRIVATIZATION
The City of Fort Collins spends approximately fifty-eight percent of its budget on outside
contracts for goods and services. This level of privatization has given the citizens of Fort Collins
good quality and cost efficiency for many years.
The Fort Collins City Council supports the following policy statements:
- Support provision of services through private enterprise when in the public good.
- Support local control of the awarding of contracts and the accountability of local officials
for those actions.
- Oppose mandates that increase the complexity and cost of service without improving those
services.
PUBLIC SAFETY AND VIOLENCE PREVENTION
The Fort Collins City Council recognizes the critical importance of maintaining public order,
providing a safe environment, and protecting the lives and property of the citizens of Fort
Collins. The City Council is particularly concerned with the issue of violence, particularly youth
violence, in the community and has adopted this matter as one of its policy agenda items.
Therefore,the Fort Collins City Council supports the following policy statements:
- Support legislation which has the potential of reducing incidents of violence in the
community, with special attention to legislation directed towards the escalating problem of
youth violence.
16
- Support legislation which impacts youth violence problems through the development of
treatment and intervention programs.
- Support legislation which provides greater protection to victims of domestic violence.
- Support legislation that respects the City's right to utilize camera radar and to establish fine
levels associated with its use.
- Support legislation requiring the state to support the use of camera radar, recognizing it as
an effective tool, not a money making device as reported by the legislature.
- Support legislation that continues the current law regarding permits to carry concealed
weapons. If lieu of any legislative changes, the Colorado Bureau of Investigation(CBI)
should coordinate the entire effort.
PUBLIC SAFETY PENSIONS
The Fort Collins City Council recognizes police officer and firefighter pension, death and
disability benefits are unique and are jointly funded by the state and local governments. Changes
in state funding levels for these benefits may affect the City's ability to provide public safety
services and place new financial burdens on the City.
Therefore, the Fort Collins City Council supports the following policy statement:
- Oppose legislation that reduces current state funding of these benefits or shifts funding to
local governments beyond current proportions.
RECYCLING AND SOLID WASTE
Waste collection and recycling responsibilities in Fort Collins are shared by private businesses,
the City of Fort Collins, and Larimer County. Solid waste and recycling collection services are
provided by private businesses in Fort Collins. Private haulers deliver waste to the Larimer
County Landfill, which is owned jointly by Larimer County, the City of Fort Collins, and the City
of Loveland. The majority of collected recyclables are delivered to the Larimer County
Recycling Center which is owned by Larimer County and operated by a private company. The
City of Fort Collins regulates the operation of private trash haulers through licensing
requirements which include a mandate to provide recycling collection service to both the
residential and commercial sectors. In addition, the City provides a variety of public information
and outreach programs to encourage recycling in the community.
17
Therefore, the Fort Collins City Council supports the following policy statements:
- Support legislation that develops an integrated waste management plan for Colorado that
emphasizes, in priority order, waste reduction, reuse and recycling.
- Support legislation that provides incentives and funding for efforts by local government
and private enterprise to promote waste reduction, reuse and recycling.
- Support legislation that encourage procurement of products made from recycled materials
by federal, state and local government.
- Support legislation that expands state and regional markets for materials collected in local
recycling programs.
- Support legislation that broaden the regulatory authority of local government to ensure the
efficient collection and processing of recyclable material and solid waste.
- 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.
- Oppose legislation that limits the ability of local government to provide waste or recycling
collection or processing services to citizens.
SALES AND USE TAX
The City of Fort Collins levies, administers and collects its own sales and use taxes under its
home rule authority. Sales and use tax collections comprise about 57% of General Fund
revenues. These revenues would decrease dramatically if the City were forced to adopt the much
narrower State sales tax base and revert to centralized State collection of revenues.
Therefore, the Council of City of Fort Collins supports the following policy statements:
- Support legislation that maintains local control over base, rates, collections and
administration of sales and use taxes.
- Support cooperative efforts of the State, municipal and business entities to simplify sales
and use tax collection and maintain uniform definitions.
- Support cooperative audits by governmental agencies in order to provide better customer
service and minimize disruption to major taxpayers.
18
- Oppose legislation that creates State sales and use tax exemptions that would contradict
current compatible State and local interpretations.
- Oppose legislation at the State and Federal level which preempts local authority to impose
and collect sales and use taxes.
SOVEREIGN AND GOVERNMENTAL IMMUNITY
The Fort Collins City Council recognizes that the complexity and diversity of City operations and
services required to meet the needs of the citizens of Fort Collins may expose the City and its
officers and employees to liability for damage and injury. The Council further recognizes that
City officers and employees must be confident that they have the City's support in the lawful and
proper performance of their assigned duties and responsibilities.
Therefore, the Fort Collins City Council supports the following policy statements:
- Support legislation that protects the interests of municipalities and their officers and
employees in the lawful and proper performance of their duties and responsibilities.
- Support legislation that discourages baseless and frivolous claims and demands that can be
made against municipalities and their officers and employees.
- Oppose legislation that expands or increases municipal liability, or, conversely, further
limits municipal immunity.
SPECIAL IMPROVEMENT DISTRICTS
The City of Fort Collins intends to maintain special improvement districts as a viable financial
tool for needed infrastructure improvements. It provides adequate and accurate disclosure to
investors purchasing special assessment bonds.
The Council of the City of Fort Collins supports the following policy statements:
- Support the ability of local government to create special improvement districts.
- Support legislation that facilitates the collection of delinquent assessments and strengthens
or maintains the lien position of those assessments.
- Support legislation that enables lienholders to foreclose special assessment liens quickly
and reduce carrying costs.
19
- Support any reduction in the complexities of obtaining clear title to properties acquired
through the Treasurer's Deed process.
TELECOMMUNICATIONS
The Fort Collins City Council encourages the development of advanced telecommunication
services and systems to enhance economic development, public policy development, and citizen
involvement in the community and in local government.
The Fort Collins City Council endorses legislation that supports the following policy statements:
- The City supports public access to municipal and community information in order to
promote citizen involvement in the community and local government. Greater public
access to broad and diverse information will promote deliberative democracy and will
enhance public policy development
- The City supports legislation that protects the individual right to privacy and the right of
access to public records for citizens using the information infrastructure.
- The City supports and advocates universal access to telecommunications services by all
citizens, as well as by the commercial, educational and governmental sectors.
- The City supports efforts to establish an open marketplace for telecommunications services
in a competitively neutral environment. An integral component of this open marketplace is
the appropriate application of regulations to functionally equivalent telecommunications
services as permitted by law. Therefore, the City strongly supports the preservation of local
authority in relation to matters of local impact, including:
- Establishing zoning requirements and siting standards for above ground
telecommunications transceiver structures such as antenna towers and satellite
dishes;
- Adhering to construction standards, permitting, scheduling, and cost recovery;
- Adhering to customer service standards that are not otherwise provided for at the
federal or state levels;
- Mitigating negative impact on local infrastructures (such as streets) and cost
recovery; managing methods of facilities installation (pedestals, overhead,
underground);
20
- Collecting sales tax revenue as permitted by law from merchandise purchases made
via electronic media;
- Granting franchises to companies providing telecommunications services. Such
authority helps ensure the local government's ability to negotiate, in the public
interest, for cable channel space, institutional networks and Public, Educational and
Governmental programming.
- The use of public streets and other ROW for the installation of telecommunications
facilities to engage in private, for-profit enterprise demands a fair payment for the
use of public assets as permitted by law. The City supports application of fair and
reasonable fees in a competitively neutral and nondiscriminatory manner for all users
of the Rights of Way (ROW) including telecommunications service providers. Such
fees should fully recover the City's direct and indirect costs related to the use of the
ROW, such as street maintenance and replacement, and they should compensate the
City for the fair value of the property interest that is being provided.
- The City recognizes that telecommunications resources have considerable value. The City
should help safeguard citizens against market inequities by maximizing their ability to
utilize and facilitate access to telecommunications resources. In order to provide the best
possible government and educational services, the City will continue to enhance and
advance its own internal use of telecommunications. To meet these objectives,
telecommunications infrastructure and services may be provided through activities of the
Fort Collins Electric Utility.
- Adequate spectrum allocation of public radio frequencies for public safety, emergency
services, public works and other public use is vital to the City's ability to safeguard
citizens. The City will continue to monitor and negotiate for appropriate allocation of all
telecommunications resources.
- The City of Fort Collins supports legislation providing for the ability to charge for the cost
of acquisition, compilation, or provision of, or access to, electronic and hardcopy public
data and information.
- Our computerized society may face an enormous challenge to modify or replace computer
hardware and software necessary to provide on-going services constituents during the
change of century,the Year 2000 challenge. All aspects of service provision could be
affected, including public health and safety. The City of Fort Collins supports legislation
adopting funding, standards and priorities for this effort.
21
TRANSPORTATION
The City of Fort Collins is actively interested in issues that impact the transportation of people
and commodities via all modes. It encourages the use of alternative transportation whenever
appropriate.
Therefore, the Fort Collins City Council supports the following policies:
- Support programs that implement cooperation between local governments and federal,
state, and county agencies to help meet basic transportation needs, such as: transportation
demand management programs; transit; street, highway, road and bridge construction and
maintenance; and safe corridors for bicyclists and pedestrians.
- Support the current allocation formula of 60% state, 22% counties, and 18% municipalities
for Highway User Tax Fund (HUTF) revenues. Support legislation to share back with
local governments any appropriation for transportation from the state general fund on the
same formula basis as now applies to HUTF: 60-22-18. Support legislation to allocate the
state sales tax collected on the sales of motor vehicle-related accessories to the Highway
Users Tax Fund.
- Support legislation to fund analysis and implementation of the linkages between
commuters and rail/transit alternatives.
- Support legislation that facilitates regional planning for alternative transportation and
reduction in single occupant vehicle usage.
- Support legislation that increases funding for highway projects with flexibility for all
transportation modes.
- Support release and utilization of federal transportation trust funds and motor fuel taxes for
their transportation purposes.
- Support the reauthorization of the Intermodal Surface Transportation Efficiency Act
(ISTEA)with amendments as endorsed by the North Front Range Transportation and Air
Quality Planning Council.
- Support limitation on "off-the-top" diversions for the State Patrol and for the Ports of Entry
from the Highway Users Tax Fund. Support changing budget support for these functions
to the state general fund to allow HUTF monies to flow to the direct transportation needs
for which they are intended.
22
WATER UTILITIES
The Fort Collins City Council recognizes the critical importance of maintaining drinking water,
stormwater and wastewater utility services in a financially sound, reliable, safe, and
environmentally acceptable manner. The City supports legislative measures to further this goal.
Since Fort Collins' Water Utilities is governed by City Council, an elected board, it is important
to maintain the greatest degree of local control over planning and operation. To that end, it is
important to minimize legislative and regulatory impacts on the operations of the utility, thereby
allowing local government to act in its own best interests. As a business, it is necessary to
maintain and enhance the utility's competitive advantage. Furthermore, it is also important to
balance economic growth with quality of life, including protection of the environment.
Therefore,the Fort Collins City Council supports the following policy statements:
General
- Support legislation that reasonably limits liabilities of the Water, Stormwater and
Wastewater operations.
- Support legislation that maintains state primacy over federally mandated water, stormwater
and wastewater environmental regulatory programs.
- Support water quality legislation that results in reasonable water quality control regulations
that are cost effective and can show identifiable benefits.
- Support legislation that would require election of directors for water conservancy districts.
- Support legislation that enables local development of watershed protection efforts.
- Support legislation that encourages cooperation between the City of Fort Collins Water
Utilities and other water and wastewater treatment providers.
Water
- Support water conservation legislation that maximizes local control and takes into
consideration local plans in place and water conservation activities which reflect local
conditions.
- Support legislation which limits the federal government's ability to affect water rights other
than through procedures established under Colorado's appropriation doctrine.
- Support adequate state and federal funding of mandated programs under the Safe Drinking
Water Act.
23
- Oppose any drinking water legislation or regulations that are not founded on sound and
comprehensive scientific research.
- Oppose any drinking water legislation or regulations which do not consider the potential
impact of the proposed legislation or regulation on other contaminants and contaminant
removal processes.
Wastewater
- Support adequate state and federal funding of mandated programs under the Clean Water
Act.
- Support water quality legislation which provides states with more flexibility to tailor
federal legislation and regulations to local conditions.
- Oppose any clean water legislation or regulations that are not founded on sound and
comprehensive scientific research.
- Oppose any clean water legislation or regulations which do not consider the potential
impact of the proposed legislation or regulation on other contaminants and contaminant
removal processes.
WORKERS' COMPENSATION
The City of Fort Collins City Council recognizes the dual purpose of the workers' compensation
system - providing benefits promptly to injured employees in a cost effective manner, and
minimizing costly litigation. Council also recognizes that the City's self-insurance program is a
cost efficient method to insure workers' compensation and that government intervention or
taxation can negatively impact the City.
Therefore, the Fort Collins City Council supports the following policy statements:
- Support legislation that improves administrative efficiency of the Division of Workers'
Compensation.
- Oppose legislation that increases insurance premium costs to employers.
- Oppose legislation that would add administrative burdens or taxes to self insurance
programs.
- Oppose legislation that would promote litigation.
24