HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 02/18/2014 - COMPLETE AGENDACity of Fort Collins Page 1
Karen Weitkunat, Mayor City Council Chambers
Gerry Horak, District 6, Mayor Pro Tem City Hall West
Bob Overbeck, District 1 300 LaPorte Avenue
Lisa Poppaw, District 2 Fort Collins, Colorado
Gino Campana, District 3
Wade Troxell, District 4 Cablecast on City Cable Channel 14
Ross Cunniff, District 5 on the Comcast cable system
Steve Roy Darin Atteberry Wanda Nelson
City Attorney City Manager City Clerk
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities
and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-
6001) for assistance.
Regular Meeting
February 18, 2014
Proclamations and Presentations
5:30 p.m.
None.
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
CALL MEETING TO ORDER
ROLL CALL
AGENDA REVIEW: CITY MANAGER
City Manager Review of Agenda.
City of Fort Collins Page 2
Consent Calendar Review
This Review provides an opportunity for Council and citizens to pull items from the
Consent Calendar. Anyone may request an item on this calendar be “pulled” off the
Consent Calendar and considered separately.
o Council-pulled Consent Calendar items will be considered before Discussion
Items.
o Citizen-pulled Consent Calendar items will be considered after Discussion
Items.
CITIZEN PARTICIPATION
Individuals who wish to make comments regarding items scheduled on the Consent Calendar or wish
to address the Council on items not specifically scheduled on the agenda must first be recognized by
the Mayor or Mayor Pro Tem. Before speaking, please sign in at the table in the back of the
room. The timer will buzz once when there are 30 seconds left and the light will turn yellow. The timer
will buzz again at the end of the speaker’s time. Each speaker is allowed 5 minutes. If there are more
than 6 individuals who wish to speak, the Mayor may reduce the time allowed for each individual.
● State your name and address for the record
● Applause, outbursts or other demonstrations by the audience is not allowed
● Keep comments brief; if available, provide a written copy of statement to City Clerk
CITIZEN PARTICIPATION FOLLOW-UP
Consent Calendar
The Consent Calendar is intended to allow the City Council to spend its time and energy on the
important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone
may request an item on this calendar to be "pulled" off the Consent Calendar and considered
separately. Agenda items pulled from the Consent Calendar will be considered separately under
Pulled Consent Items. The Consent Calendar consists of:
● Ordinances on First Reading that are routine;
● Ordinances on Second Reading that are routine;
● Those of no perceived controversy;
● Routine administrative actions.
1. Consideration and Approval of the Minutes of the January 21, 2014 Regular Council Meeting.
The purpose of this item is to approve the minutes from the January 21, 2014 Regular Council
Meeting.
2. Postponement of Items Relating to the Kechter Farm Annexation and Zoning to March 4, 2014.
Staff requests that Second Reading of the Kechter Farm Annexation and Zoning Ordinances
(Ordinance Nos. 005 and 006, 2014) be postponed until March 4, 2014. The final plat approval
should be considered by the Board of County Commissioners by the end of February. Under the
Intergovernmental Agreement (IGA) with Larimer County, the City has agreed to not annex lands
within the Fossil Creek Reservoir Area Plan until after final plan approval by the County. Postponing
this item until the March 4 meeting will honor the City’s commitment in the IGA.
City of Fort Collins Page 3
3. Second Reading of Ordinance No. 023, 2014 Vacating a Portion of the Fossil Boulevard Right-of-
Way as Dedicated on the Plat of Redtail.
This Ordinance, unanimously adopted on First Reading on February 4, 2014 vacates a portion of the
Fossil Boulevard right-of-way that is no longer necessary or desirable to retain for public street
purposes. The property owner adjacent to this portion of right-of-way is requesting the vacation. This
location will be the future site of the Redtail Ponds Permanent Supportive Housing project (Redtail
Second Filing).
4. First Reading of Ordinance No. 024, 2014, Appropriating Prior Year Reserves in the Keep Fort
Collins Great Fund to Fund Further Development of the West Central Neighborhoods Plan.
The purpose of this item is to appropriate $170,000 of KFCG Other Transportation Reserve funds for
consulting services associated with the Transportation Element of the West Central Neighborhoods
Plan. An update of the plan is scheduled for 2014. The requested funding enhances the overall
planning effort by including an analysis of the neighborhood transportation network, consideration of
growth on and around the Colorado State University campus, recommendations and strategies, and
detailed corridor vision and design for Prospect Road between College Avenue and Shields Street.
5. First Reading of Ordinance No. 025, 2014, Appropriating Prior Year Reserves in the Water Fund to
Fund the Replacement of the College Avenue Waterline From Mulberry Street to Buckeye Street.
The purpose of this item is to fund the replacement of the College Avenue waterline from Mulberry to
Buckeye Streets, just south of Pitkin. Ordinance No. 134, 2013 appropriated funds for the design of
this project. Design and cost estimating have been completed. This Ordinance appropriates $2.1
million from reserves for the construction of this project.
6. First Reading of Ordinance No. 026, 2014, Amending Subsection 2-31(a)(2) of the City Code,
Pertaining to Executive Sessions Held for the Purpose of Meeting with Attorneys for the City.
The purpose of this item is to amend subsection 2-31(a) of the City Code, which pertains to
executive sessions held for the purpose of meeting with attorneys for the City. The purpose of the
amendment is to more closely conform to the language in Article II, Section 11 of the City Charter.
7. First Reading of Ordinance No. 027, 2014, Approving Revisions to the Fort Collins Utilities' Electric
Construction Policies, Practices, and Procedures.
The purpose of this item is to adopt the revised Electric Construction Policies, Practices, and
Procedures (ECPPP). The ECPPP provides definition to developers and contractors related to the
construction of electrical facilities.
8. First Reading of Ordinance No. 028, 2014, Amending Chapter 26 of the City Code to Clarify the
Application of Wastewater Rates to Certain Residential Services.
The purpose of this item is to revise the City Code concerning the classification of wastewater
users and to revise rates for wastewater service charges during the period of construction.
9. Resolution 2014-011 Supporting the Grant Application for a Paths to Parks Trail Grant from the
State Board of Great Outdoors Colorado for the Fossil Creek Trail from College Avenue to Shields
Street.
The City is applying for a Great Outdoors Colorado Path to Parks Trail Grant. Staff is preparing an
application for the Fossil Creek Trail from College Avenue to Shields Street project for this grant
cycle. Great Outdoors Colorado requires a City Resolution acknowledging the application intent to
be submitted as part of the grant package.
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10. Resolution 2014-012 Approving Revised Costs and Fees for Fort Collins Municipal Court.
The purpose of this item is to revise certain costs and fees assessed by the Fort Collins Municipal
Court. Costs and fees are assessed in addition to fines or other penalties. According to the City
Charter, these costs and fees are enacted by Council, upon recommendation of the Judge. Various
costs and fees have been approved by resolution over the years. At this time, Judge Lane
recommends making some changes: increasing the Court Cost from $25 to $35 to help cover
increased Court security costs, revising the Appeal Fee amount to include a lesser amount for
appeals from a Municipal Court Referee to the Municipal Judge on a parking or civil infraction case,
and deleting the Continuance Fee.
11. Resolution 2014-013 Adopting the Recommendations of the Cultural Resources Board Regarding
Fort Fund Grant Disbursements.
The purpose of this item is to adopt the recommendations of the Cultural Resources Board to
disburse Fort Fund grants to community events from the Cultural Development and Programming
and Tourism Programming Accounts.
12. Resolution 2014-014 Authorizing a License to Enter to the U.S. Department of Justice for Use of
City-Owned Property at 215 North Mason for Nine Months.
The purpose of this item is to authorize the U.S. Department of Justice to use the Municipal
Courtroom and Waiting Area at 215 North Mason Street for Bankruptcy Creditor Meetings. There
are 10 scheduled meetings during the remainder of 2014.
END CONSENT
CONSENT CALENDAR FOLLOW-UP
This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent
Calendar.
STAFF REPORTS
COUNCILMEMBER REPORTS
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
City of Fort Collins Page 5
Discussion Items
The method of debate for discussion items is as follows:
● Mayor introduces the item number, and subject; asks if formal presentation will be
made by staff
● Staff presentation (optional)
● Mayor requests citizen comment on the item (five minute limit for each citizen)
● Council questions of staff on the item
● Council motion on the item
● Council discussion
● Final Council comments
● Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all citizens have an opportunity to speak. Please sign in at the table in the back of the room.
The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again
at the end of the speaker’s time.
13. Resolution 2014-015 Making Findings of Fact and Conclusions Regarding the Appeal of the
December 17, 2013, Administrative Hearing Officer’s Decision Regarding the Stoner Subdivision.
(staff: Jason Holland; 2 minute staff presentation; 15 minute discussion)
On December 31, 2013 an appeal was filed concerning the Administrative Hearing Officer's decision
regarding a proposed Major Amendment for Lot 2 of the Stoner Subdivision at 1017 West Magnolia
Street.
On February 4, 2014, City Council voted 5 - 1 on the motion to overturn the decision of the Hearing
Officer concluding that the Hearing Officer failed to property interpret and apply Land Use Code
Sections 3.5.1 and 4.7(A) in approving the Major Amendment because the proposed amendment
was not compatible with the established architectural character of the adjacent neighborhood,
particularly with regard to building bulk, mass, scale and rooflines.
14. Resolution 2014-017 Appointing a City Councilmember to the Colorado State University Stadium
Community Design Development Advisory Committee. (Staff: Darin Atteberry; no staff
presentation; 20 minute discussion)
The purpose of this item is to appoint a member from Council to serve as the City’s representative on
the Community Design Development Advisory Committee.
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
OTHER BUSINESS
ADJOURNMENT
A. Motion to adjourn to 6:00 p.m., Tuesday, February 25, 2014
City of Fort Collins Page 6
Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business
commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City
Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of
considering additional items of business. Any matter which has been commenced and is still pending
at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting
which have not yet been considered by the Council, will be continued to the next regular Council
meeting and will be placed first on the discussion agenda for such meeting.
Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY February 18, 2014
City Council
STAFF
Wanda Nelson, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the January 21, 2014 Regular Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the January 21, 2014 Regular Council Meeting.
ATTACHMENTS
1. January 21, 2014 (PDF)
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January 21, 2014
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, January 21,
2014, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was
answered by the following Councilmembers: Campana, Cunniff, Horak, Overbeck, Poppaw,
Troxell and Weitkunat.
Staff Members Present: Atteberry, Nelson, Roy.
Agenda Review
City Manager Atteberry recommended moving Consent Calendar Item No. 9, First Reading of
Ordinance No. 014, 2014, Waiving Certain Fees for Fort Collins Housing Authority's Redtail
Ponds Permanent Supportive Housing Project and Appropriating General Fund Reserves to Pay
Specified Fees, to the Discussion Agenda.
Citizen Participation
Eric Sutherland, 3520 Golden Currant, opposed the economic development policies of the City,
citing the closure of the North College Albertson’s. He opposed the financial incentive package
for the mall as well, stating it was illegal.
John Anderson, Fort Collins resident, opposed what he called the City’s “corporate welfare.” He
questioned the possibility of fraudulent pro-fracking petitions and opposed the new paint
schemes for the City’s police vehicles.
Cheryl Distaso, Fort Collins Community Action Network, thanked Chief Hutto for responding to
her questions regarding Police body-worn cameras and expressed concern regarding the standard
operating procedures for the cameras.
Marge Griffin, 3245 Honeysuckle Court, opposed the Boxelder Stormwater Authority’s attempts
to take her land via condemnation.
Mel Hilgenberg, 172 North College, announced community events and stated Jack Daniels is
recovering from surgery and sent his message of support for the City. He thanked the City for
replacing the recycling container at Walnut and College and encouraged affordable Dial-a-Ride
services. Additionally, he opposed the proposed on-campus stadium and encouraged Council to
adopt an emergency sales tax to generate property tax repayment for taxes taken by TIF since
1988.
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Attachment1.1: January 21, 2014 (Minutes 1/21/14)
January 21, 2014
2
Citizen Participation Follow-up
Councilmember Poppaw requested staff input regarding the falsified pro-fracking petitions. City
Clerk Nelson stated she would send the service area request to the citizen and would provide
information at the next meeting.
Mayor Pro Tem Horak stated the issue was investigated and there was not enough proof to move
forward with prosecution.
Councilmember Cunniff thanked Ms. Distaso for her comments and reminded citizens of the
January 30
th
community forum regarding Police body-worn cameras.
CONSENT CALENDAR
1. Second Reading of Ordinance No. 001, 2014, Appropriating Unanticipated Grant Revenue
in the General Fund for the Gardens on Spring Creek.
This Ordinance, unanimously adopted on First Reading on January 7, 2014, appropriates
$76,000 in grant funding received by the Gardens on Spring Creek.
2. Second Reading of Ordinance No. 002, 2014, Appropriating Unanticipated Revenue for the
Senior Center Expansion Project and Transferring Appropriations to the Cultural Services
and Facilities Fund for the Art in Public Places Program.
Ordinance No. 002, 2014, unanimously adopted on First Reading on January 7, 2014,
appropriates $400,000 to the Senior Center Expansion Project. The additional funding is
money raised by the Senior Center Expansion Committee. These funds will be used to
provide improvements to the expansion project for items requested by facility staff and
users, including completion of the Multi-purpose room as an education center.
3. Second Reading of Ordinance No. 003, 2014, Amending Section 1-15 of the City Code
Relating to General Penalties.
This Ordinance, unanimously adopted on First Reading on January 7, 2014, adjusts the
maximum fines Municipal Court may impose so they are consistent with state law. The
Ordinance has been revised on Second Reading to reflect the fact that, while the City Code
specifies the maximum monetary penalty that the Municipal Judge may currently impose, it
does not require that such amount be consistent with state law.
4. Postponement of Items Relating to the Kechter Farm Annexation and Zoning to February
18, 2014.
Staff requests that the Kechter Farm Annexation and Zoning Ordinances (Ordinance Nos.
005 and 006, 2014) be postponed until February 18, 2014. The final plat approval is
scheduled before the Board of County Commissioners on February 11. Under the
Intergovernmental Agreement (IGA) with Larimer County, the City has agreed to not annex
Packet Pg. 9
Attachment1.1: January 21, 2014 (Minutes 1/21/14)
January 21, 2014
3
lands within the Fossil Creek Reservoir Area Plan until after final plan approval by the
County. Postponing this item until the February 18 meeting will comply with that IGA.
Approval of this item will postpone the matter until that date.
5. Postponement of Second Reading of Ordinance No. 007, 2014, Authorizing the Lease of a
Portion of City-Owned Property at 225 Maple Street to Feeding Our Community Ourselves,
Inc. For Up to Five Years to March 18, 2014.
Staff is requesting that Second Reading of this Ordinance be postponed to March 18,
2014. Due to the neighborhood concerns expressed on First Reading of this item on January
7, staff is planning two public meetings with the neighborhood. The outcome of these
meetings will be included in the Council presentation at the March 18 Council meeting.
6. First Reading of Ordinance No. 010, 2014, Appropriating Unanticipated Revenue in the
General Fund for the Exterior Preservation and Reconstruction of the Avery Building at the
Intersection of College and Mountain Avenues.
The purpose of this item is to appropriate unanticipated revenues in the amount of $19,839,
received in excess of previously appropriated funds, for the Avery Building Restoration
project.
7. First Reading of Ordinance No. 011, 2014, Appropriating Unanticipated Grant Revenue in
the General Fund for the Fort Collins Police Services Victim Services Unit.
The purpose of this item is to fund the Victim Services Unit of Fort Collins Police Services
for victim advocacy services under the Colorado Victim Rights Amendment for victims of
crime and their family members. The Fort Collins Police Services Victim Services Unit has
been awarded a 12-month grant in the amount of $32,000 for the period from January 1,
2014 to December 31, 2014, by the Eighth Judicial District Victim Assistance and Law
Enforcement (V.A.L.E.) Board to help fund services provided by this team. These funds will
be used for part of the salary for the victim advocate who provides crisis intervention
services during weekday hours and is housed in the Victim Services office. These funds will
also pay for a portion of the operational expenses needed to provide 24-hour a day, 7-day a
week services to victims of crime in the community.
8. Items Relating to Bobcat Ridge Natural Area.
A. First Reading of Ordinance No. 012, 2014, Authorizing the City Manager to Enter into a
Grant Contract with History Colorado, the Colorado Historical Society for Funds to
Restore Two Historic Structures at Bobcat Ridge Natural Area.
B. First Reading of Ordinance No. 013, 2014, Appropriating Unanticipated Revenue in the
Natural Areas Fund Project to Restore Two Historic Structures at Bobcat Ridge Natural
Area.
The purpose of this item is to approve a Grant Contract with History Colorado and
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January 21, 2014
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Appropriate Unanticipated Revenue in the Natural Areas Fund for historic building
restoration. The State of Colorado awarded the City a grant of $141,877 from the State
Historical Fund to fund 71% of the estimated cost of $199,827 to restore two historic
structures at Bobcat Ridge Natural Area: the Poultry Shed and the Equipment Shed. This is
the second grant awarded by the State for historic preservation at Bobcat Ridge. The first
grant was for the restoration of a pioneer barn and log chicken shed, which have been fully
restored. To accept this grant and proceed with the project, the City must enter into a
contract with History Colorado, a 501(c)(3) operated by the Colorado Department of Higher
Education. The contract requires a twenty-year covenant on the property surrounding the
poultry and equipment sheds, which states that the City will maintain the buildings, once
restored, for twenty years and will not alter anything on the property without express written
permission of History Colorado.
The City also received a $43,000 grant from the Pulliam Charitable Trust to provide most of
the 29% in funds necessary to match the State funding. Natural Areas fund monies will be
used to fund the remaining $14,950 necessary for the project.
9. First Reading of Ordinance No. 014, 2014, Waiving Certain Fees for Fort Collins Housing
Authority's Redtail Ponds Permanent Supportive Housing Project and Appropriating
General Fund Reserves to Pay Specified Fees.
The purpose of this item is to ask City Council to determine whether certain development
and capital improvement expansion fee waivers will be provided to the Fort Collins Housing
Authority (FCHA) for the Redtail Ponds permanent supportive housing project. In March
2013, City Council limited the types of projects for which the FCHA could request fee
waivers and made these waivers discretionary. Eligible projects are those constructed for
homeless or disabled persons, or for persons whose income falls at or below 30% of the
adjusted median income of all City residents. FCHA is requesting fee waivers in the amount
of $274,199 for this housing project. This is a permissible type of project for a fee waiver
request.
10. First Reading of Ordinance No. 015, 2014, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Land Necessary for the Construction of the West Vine Basin Outfall
Project.
The purpose of this item is to receive authority for eminent domain to acquire property
interests for the West Vine Basin Outfall project. In assembling property interests for the
West Vine Basin Outfall Project, the City has encountered two properties with complicated
lending situations. Due to the degree of complication and the properties’ keystone
importance, staff proposes the use of eminent domain as the most cost effective and efficient
approach to complete the City’s desired acquisition of 12.841 acres if all the necessary
lender consents cannot be obtained in a timely way. The City has been working with the
landowners and they are agreeable to this approach.
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11. First Reading of Ordinance No. 016, 2014, Authorizing the Conveyance of a Temporary
Construction Easement and Right-of-Way on Long View Farm Open Space to the Colorado
Department of Transportation.
The purpose of this item is to convey a right-of-way and temporary construction easement to
the Colorado Department of Transportation. The Colorado Department of Transportation
(CDOT) has requested to acquire in fee approximately 0.07 acres of right-of-way along with
a temporary construction easement on Long View Farm Open Space, as part of the Hwy
392/US 287 Intersection project. The easement and right-of-way acquisition is needed to
replace an existing stormwater pipe with a large box culvert. The project will impact a small
section of a low value wetland on the property that will be mitigated through the Natural
Areas wetland mitigation fund.
12. Resolution 2014-006 Renaming Rolland Moore Drive to Botanical Lane
The purpose of this item is to rename the old Rolland Moore Drive to Botanical Lane. In
2012, Rolland Moore Drive was realigned to the south, resulting in the existing Rolland
Moore Drive stub needing to be renamed. The old Rolland Moore Drive was reclassified as
a local street on the Master Street Plan.
13. Resolution 2014-007 Approving Expenditures from the Cultural Services and Facilities
Fund to Commission an Artist to Create Art for the Nix Farm Office Building Project.
The purpose of this item is it to approve expenditures from the Cultural Services and
Facilities Fund to commission an artist to create art for the Art in Public Places Nix Farm
Office Building Project. The expenditures of $11,900 will be for design, materials,
fabrication, installation and contingency for the artist to paint a mural for the entry vestibule
of this new building.
14. Resolution 2014-008 Approving Expenditures from the Cultural Services and Facilities
Fund to Commission an Artist to Create Art for the Senior Center Expansion Project.
The purpose of this item is it to approve expenditures from the Cultural Services and
Facilities Fund to commission an artist to create art for the Art in Public Places Senior
Center Expansion Project. The expenditures of $53,068 will be for design, materials,
fabrication, installation and contingency for an artist designed functional seating element
and gate to be located in the main lobby of the Senior Center.
15. Resolution 2014-009 Making Appointments to Various Boards and Commissions.
The purpose of this item is to appoint individuals to fill vacancies that currently exist on
various boards and commissions due to resignations and expiration of terms. Interviews
occurred during December 2013 and January 2014. This Resolution appoints individuals to
fill current vacancies and expired terms. This Resolution does not fill all vacancies.
Vacancies will be re-advertised as needed.
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Attachment1.1: January 21, 2014 (Minutes 1/21/14)
January 21, 2014
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***END CONSENT***
Councilmember Campana withdrew Item Nos. 10 and 15, First Reading of Ordinance No. 015,
2014, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Land Necessary
for the Construction of the West Vine Basin Outfall Project, and Resolution 2014-009 Making
Appointments to Various Boards and Commissions from the Consent Calendar in order to allow
himself the ability to recuse himself from voting.
Councilmember Cunniff withdrew Item No. 8, Items Relating to Bobcat Ridge Natural Area,
from the Consent Calendar.
Eric Sutherland, 3520 Golden Currant, withdrew Item No. 3, Second Reading of Ordinance No.
003, 2014, Amending Section 1-15 of the City Code Relating to General Penalties, from the
Consent Calendar.
Cheryl Distaso, Fort Collins Community Action Network, withdrew Item No. 5, Postponement
of Second Reading of Ordinance No. 007, 2014, Authorizing the Lease of a Portion of City-
Owned Property at 225 Maple Street to Feeding Our Community Ourselves, Inc. For Up to Five
Years to March 18, 2014, from the Consent Calendar.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt and
approve all items not withdrawn from the Consent Calendar. Yeas: Cunniff, Horak, Weitkunat,
Overbeck, Poppaw, Troxell and Campana. Nays: none.
THE MOTION CARRIED.
Consent Calendar Follow-up
Councilmember Troxell discussed Item No. 12, Resolution 2014-006 Renaming Rolland Moore
Drive to Botanical Lane, and stated this opportunity should have been utilized to select a more
impactful street name.
Staff Reports
Jon Haukaas, Water Engineering Field Operations Manager, provided an update regarding the
Waste Innovation Fund and reviewed the City’s project regarding diversion of dirt from the
landfill.
Councilmember Cunniff commended staff work and the project.
Mayor Weitkunat commended the project.
City Attorney Roy acknowledged Kraig Ecton’s service in the City Attorney’s Office and stated
he has been appointed to serve as a County Court Judge for the 8
th
Judicial District.
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Mayor Weitkunat, Mayor Pro Tem Horak, and Councilmember Troxell commended Ecton’s
service to the City and congratulated him on his appointment.
Councilmember Reports
Mayor Pro Tem Horak reported the Impact 64 group has decided to wait to place a tax initiative
on the ballot for improved transit. He stated the Colorado Department of Transportation has
approved commuter bus service that will run from Union Station to Fort Collins.
Councilmember Cunniff reported on Council’s Legislative Review Committee meeting.
Mayor Weitkunat reported on the Airport Steering Committee meeting and stated a visioning
process has begun regarding the future of the Airport.
Items Relating to Bobcat Ridge Natural Area, Adopted on First Reading
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 012, 2014, Authorizing the City Manager to Enter into a Grant
Contract with History Colorado, the Colorado Historical Society for Funds to Restore Two
Historic Structures at Bobcat Ridge Natural Area.
B. First Reading of Ordinance No. 013, 2014, Appropriating Unanticipated Revenue in the Natural
Areas Fund Project to Restore Two Historic Structures at Bobcat Ridge Natural Area.
The purpose of this item is to approve a Grant Contract with History Colorado and Appropriate
Unanticipated Revenue in the Natural Areas Fund for historic building restoration. The State of
Colorado awarded the City a grant of $141,877 from the State Historical Fund to fund 71% of
the estimated cost of $199,827 to restore two historic structures at Bobcat Ridge Natural Area:
the Poultry Shed and the Equipment Shed. This is the second grant awarded by the State for
historic preservation at Bobcat Ridge. The first grant was for the restoration of a pioneer barn
and log chicken shed, which have been fully restored. To accept this grant and proceed with the
project, the City must enter into a contract with History Colorado, a 501(c)(3) operated by the
Colorado Department of Higher Education. The contract requires a twenty-year covenant on the
property surrounding the poultry and equipment sheds, which states that the City will maintain
the buildings, once restored, for twenty years and will not alter anything on the property without
express written permission of History Colorado.
The City also received a $43,000 grant from the Pulliam Charitable Trust to provide most of the
29% in funds necessary to match the State funding. Natural Areas fund monies will be used to
fund the remaining $14,950 necessary for the project.
BACKGROUND / DISCUSSION
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Bobcat Ridge Natural Area is rich in cultural resources as well as natural resources. With
generous donations from the Pulliam Charitable Trust, the Natural Areas Department has
already restored a historic cabin, a calving shed, an 1888 pioneer barn, and a log chicken shed;
published a book and a booklet on the history of the Bobcat Ridge area; and hired education
staff to lead many cultural interpretation programs each year for hundreds of people of all ages.
Visitors enjoy learning about the early pioneers in the area and the farming and ranching
history on Bobcat Ridge. They enjoy seeing the historic buildings and learning about how the
early pioneers worked and lived. The Pulliam Charitable Trust funded the preparation of the
application for historic designation and also funded the preparation of this grant application
and the previous grant application. Carol Tunner, retired City Historic Preservationist, was
hired to prepare the grant applications and serve as the grant administrator for the project.
Ethan Cozzens from the Operation Services Department will serve as the Project Manager.
Staff will submit a request for proposals in 2014 to select an architect/contractor team to
prepare plans for and restore the two historic structures, with targeted completion by the end of
2014. Staff and the contractor are required by the State Historic Fund to fully document each
phase of the restoration process. “Before” pictures of both structures are attached (Attachment
2). Once the project is complete, staff will provide “after” pictures to Council.
FINANCIAL / ECONOMIC IMPACTS
The $141,877 grant will fund 71% of the estimated cost of $199,827 for the project. The 29%
local cash match required by the state grant, $57,950, is being funded with a $43,000 grant from
the Pulliam Charitable Trust and $14,950 from the Natural Areas Fund.
ENVIRONMENTAL IMPACTS
There will be no environmental impacts. The structures will be restored in their current location,
requiring minimal grading around the perimeter of each structure to improve drainage away from
the structures. The limited area of vegetation disturbed by grading and by restoration efforts will be
restored immediately upon completion of the project.
BOARD / COMMISSION RECOMMENDATION
At its December 11, 2013 meeting, the Land Conservation and Stewardship Board voted
unanimously to recommend approval of the State Grant Contract.
PUBLIC OUTREACH
The preservation, restoration and interpretation of these historic structures is per the Bobcat
Ridge Natural Area Management Plan, adopted administratively in 2005 after thorough public
review.”
Councilmember Cunniff asked what policy guided the decision to allow the appropriation for the
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matching grant to come from the Natural Areas Fund. Mark Sears, Natural Areas, replied there is
no direct policy addressing historic preservation in the Natural Areas; however, the Master Plan
called for the preservation of the site’s cultural resources. He noted the previous property owners
have funded the designation of these structures to the State Historic Register and have funded the
application fees for the two grants received thus far. He stated the City will be funding about
$15,000 of the $200,000 cost to preserve the structures.
Mayor Pro Tem Horak asked how much of the Natural Area program funding comes from the
Larimer County tax. Sears replied the Larimer County tax funds approximately one-third of the
Natural Areas annual budget.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 012, 2014, on First Reading.
Councilmember Cunniff stated his question stemmed from the possibility of needing policies or
plans dictating how much of the fund should go toward various expenditures. He requested
additional information prior to Second Reading.
The vote on the motion was as follows: Yeas: Horak, Weitkunat, Overbeck, Poppaw, Troxell,
Campana and Cunniff. Nays: none.
THE MOTION CARRIED.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 013, 2014, on First Reading. Yeas: Horak, Weitkunat, Overbeck, Poppaw, Troxell, Campana
and Cunniff. Nays: none.
THE MOTION CARRIED.
Ordinance No. 015, 2014,
Authorizing the Acquisition by Eminent Domain Proceedings of Certain Land Necessary for
the Construction of the West Vine Basin Outfall Project, Adopted on First Reading
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
The purpose of this item is to receive authority for eminent domain to acquire property interests
for the West Vine Basin Outfall project. In assembling property interests for the West Vine Basin
Outfall Project, the City has encountered two properties with complicated lending situations.
Due to the degree of complication and the properties’ keystone importance, staff proposes the
use of eminent domain as the most cost effective and efficient approach to complete the City’s
desired acquisition of 12.841 acres if all the necessary lender consents cannot be obtained in a
timely way. The City has been working with the landowners and they are agreeable to this
approach.
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BACKGROUND / DISCUSSION
In 2004, City Council adopted the Stormwater Master Plan Update (Master Plan) for the City of
Fort Collins. The Master Plan included stormwater improvements for the West Vine Basin,
located in the northwest portion of the city. The existing 100-year floodplain indicates that
stormwater flows will inundate numerous properties in the basin and overtop several major
roads, including Shields Street north of Vine Drive. The Master Plan identifies a number of
proposed improvements to mitigate the boundary limits of the 100-year floodplain. Specifically,
the Master Plan calls for a stormwater outfall channel from the Cache la Poudre River south to
Vine Drive and west to the Forney Detention Pond near North Taft Hill Road and West Vine
Drive. The Outfall Channel, as currently shown in the Master Plan, would convey the 100-year
stormwater flows along the west side of Shields Street to the river, thus eliminating the need to
build a bridge or culvert system on North Shields Street.
Real Estate Services and Utilities staff have been working for over a year with the owners of two
properties on the west side of Shields Street to acquire the necessary interests for the Outfall
Channel. Both of these properties are just outside City limits in Larimer County. Larimer County
required that the landowners and the City go through the minor land division (MLD) process to
create the smaller parcels the City needs to acquire for the Outfall Channel. The County has
approved the MLD, but it still requires signatures from all lienholders and landowners before it
can be recorded in the public records.
The landowners have been cooperative throughout the entire process and agreed to the values
determined by appraisals obtained by the City. Staff has a fully executed purchase and sale
agreement for the needed parcels, with a closing date scheduled for January 31, 2014, but the
City cannot purchase the parcels until the MLD has been recorded. The agreement gave
possession and use to Utilities staff and their contractors for six months, ending June 18, 2014.
City staff has been working on obtaining all the necessary consents from the lienholders.
However, staff has not yet received signatures on the MLD and other needed consents from the
lienholders. Without their signatures, the City cannot close by the January 31. Should the
lienholders choose not to cooperate in this complex transaction so that the City can get clear
title to the property it needs, staff would like to have the option to pursue eminent domain
proceedings, if it becomes necessary, in order to secure the necessary permanent property
interests for the project in a timely way.”
Councilmember Campana withdrew from the discussion of this item due to a conflict of interest.
Eric Sutherland, 3520 Golden Currant, stated the Boxelder Stormwater Authority does not have
condemnation powers.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 015, 2014, on First Reading.
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Councilmember Cunniff noted eminent domain is being considered because the financial
situation of the properties in question is significantly encumbered. Tawyna Ernst, Real Estate
Services, replied several land owners are involved and the process has been quite slow; therefore,
the City would like to have the eminent domain option in case the lenders do not agree to the
partial releases.
The vote on the motion was as follows: Yeas: Horak, Weitkunat, Overbeck, Poppaw, Troxell and
Cunniff. Nays: none.
THE MOTION CARRIED.
Resolution 2014-009
Making Appointments to Various Boards and Commissions, Adopted
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
The purpose of this item is to appoint individuals to fill vacancies that currently exist on various
boards and commissions due to resignations and expiration of terms. Interviews occurred during
December 2013 and January 2014. This Resolution appoints individuals to fill current vacancies
and expired terms. This Resolution does not fill all vacancies. Vacancies will be re-advertised as
needed.
BACKGROUND / DISCUSSION
A vacancy currently exists on the Commission on Disability due to term expiration for Terry
Schlicting. Councilmen Bob Overbeck and Wade Troxell interviewed applicants on file and are
recommending Leslie Efrid to fill the vacancy, her term to begin immediately and set to expire on
December 31, 2017.
One vacancy currently exists on the Land Conservation and Stewardship Board due to the
resignation of Scott Quayle. Councilmen Ross Cunniff and Wade Troxell interviewed applicant
Gail Dethloff to fill this position and are recommending her appointment to begin immediately
and set to expire on December 31, 2015.
One vacancy currently exists on the Parks and Recreation Board due to term expiration for
Richard Barnhart. Councilmen Gino Campana and Ross Cunniff interviewed applicant Mary
Carlson to fill this vacancy and are recommending her appointment to begin immediately and set
to expire on December 31, 2017.
Two vacancies currently exist on the Water Board due to term expirations for Brett Bovee and
Phil Phelan. Councilmen Wade Troxell and Bob Overbeck interviewed applicants on file and are
recommending Michael Brown and Phyllis Ortman to fill the vacancies with terms to being
immediately and set to expire on December 31, 2017.
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One vacancy currently exists on Zoning Board of Appeals due to the resignation of Peter
Bohling. Mayor Karen Weitkunat and Councilman Bob Overbeck interviewed applicant Ralph
Shields for this position and are recommending his appointment to begin immediately and set to
expire on December 31, 2016.”
Councilmember Campana withdrew from the discussion of this item due to a conflict of interest.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2014-009. Yeas: Poppaw, Troxell, Cunniff, Horak, Weitkunat and Overbeck. Nays:
none.
THE MOTION CARRIED.
Ordinance No. 014, 2014,
Waiving Certain Fees for Fort Collins Housing Authority's Redtail
Ponds Permanent Supportive Housing Project and Appropriating
General Fund Reserves to Pay Specified Fees, Adopted on First Reading
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
The purpose of this item is to ask City Council to determine whether certain development and
capital improvement expansion fee waivers will be provided to the Fort Collins Housing
Authority (FCHA) for the Redtail Ponds permanent supportive housing project. In March 2013,
City Council limited the types of projects for which the FCHA could request fee waivers and
made these waivers discretionary. Eligible projects are those constructed for homeless or
disabled persons, or for persons whose income falls at or below 30% of the adjusted median
income of all City residents. FCHA is requesting fee waivers in the amount of $274,199 for this
housing project. This is a permissible type of project for a fee waiver request.
BACKGROUND / DISCUSSION
Fort Collins Housing Authority (FCHA) is seeking the waiver of certain development and capital
improvement expansion fees for the Redtail Ponds permanent supportive affordable housing
project as allowed by City Code, the Land Use Code and an Intergovernmental Agreement
between the City of Fort Collins and the Fort Collins Housing Authority dated July 3, 2013 (see
Attachment 1 for waiver request). FCHA is a partial owner of the project.
Under Colorado statutes and City of Fort Collins ordinances and resolutions dating back to
1988, projects of housing authorities are exempt from some taxes and fees. For many years, the
City has waived building permit and development review fees and some capital expansion fees
for projects of the FCHA. In March 2013, City Council amended its policies on fee waivers for
affordable housing to allow for more discretion in determining the kinds of housing authority
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sponsored projects for which City fees should be waived. By adopting Ordinance No. 037, 2013,
City Council limited the types of projects for which the FCHA could request fee waivers. These
are projects that are constructed for homeless or disabled persons, or for persons whose income
falls at or below 30% of the adjusted median income of all City residents. Furthermore, these
waivers will be granted at the discretion of City Council upon a determination that the proposed
waiver will not jeopardize the financial interests of the City or the timely construction of the
capital improvements to be funded by the fees for which a waiver is sought.
Redtail Ponds is a mixed-income 60 unit development with 40 units designed as permanent
supportive housing designed to meet the needs of homeless individuals with disabilities,
homeless veterans, and other low-income individuals whose income is 30% or less of the
adjusted median income of Fort Collins residents. (The other 20 units are for residents whose
income fall between 30% and 50% Area Median Income). In 2013, 30% of Area Median Income
(AMI) for an individual is an annual income of $15,950 and 50% of AMI is $26,550. This project
is designed to house the City’s most vulnerable populations. The project will be located at 5046
Fossil Boulevard (Attachment 2).
This project fits the definition of a project eligible for fee waivers as established in City Code,
the Land Use Code and the Intergovernmental Agreement (Attachment 3). The FCHA seeks
waivers for the fees associated with 40 of the 60 units that are reserved for these highly
vulnerable populations.
Because 40 of the 60 units at Redtail Ponds are eligible for fee waivers, 66% of the total fees is
what FCHA is requesting be waived. The fees for this project are:
City Fees Subject to Waiver Under Agreement
Fee Amount Waiver Paid by
FCHA
Development Review Fees $ 19,847 $ 13,230 $ 6,617
Building Fees 39,579 26,383 13,196
Capital Impact Expansion Fees 350,705 233,780 116,925
Storm Drainage Dev. Review
Fees
1,209 806 403
TOTAL $ 411,340 $ 274,199 $ 137,141
Funding for this $12.6 million project is a combination of city and state grants, Low Income
Housing Tax Credits, owner equity, and conventional financing. Current pro formas rely upon
the waivers to make this project successful.
The City has long been committed to affordable housing, and the need for financial support is
clearly demonstrated in the increase in the number of applications for local and federal funds
and the long waiting lists for available affordable housing in the city. Permanent supportive
housing is a national best practice proven to end chronic homelessness and save taxpayer
dollars on emergency related costs associated with homeless persons. Developing a permanent
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supportive housing program is a goal of the City’s non-profit partner Homeward 2020 in its 10
year plan to end homelessness. This project addresses Priority #1 in the Fort Collins Affordable
Housing Strategic Plan: to increase the inventory of affordable rental housing units, and Priority
#3: to increase housing and facilities for people with special needs. The location of this project
will support Transfort’s MAX Transit System and South Transit Center to supply the residents’
transportation needs.
FINANCIAL / ECONOMIC IMPACTS
For the Redtail Ponds project, the potential financial impact of a fee waiver on City funds is
$274,199. If this fee waiver is granted by City Council, $233,781 will need to be covered by
General Fund resources. See Attachment 4 for details.
Revenue Waived to be Paid by General Fund
Capital Expansion Fund $ 88,735
Street Oversizing Fund 84,452
Neighborhood Parkland Fund 60,594
General Fund Backfill Total $ 233,781
The waiver of these fees will not jeopardize the financial interests of the City or the timely
construction of the capital improvements to be funded by the fees for which a waiver is sought.
ENVIRONMENTAL IMPACTS
Affordable housing programs help provide for a healthy environment. By offering affordable
housing options to lower income people, more of Fort Collins' work force can live in the community
instead of being forced to live outside the community and commute into the city for work. This helps
reduce traffic congestion and, thus, improves air quality. The construction of this project will meet
the standards of the Enterprise Green Communities, which roughly equates to a Silver LEED
Certification level. The location of this project will promote the use of public transportation by the
Redtail Ponds residents.
BOARD / COMMISSION RECOMMENDATION
At its January 9, 2014, meeting, the Affordable Housing Board unanimously voted to support the
provision of waivers to this much needed affordable housing project. The public was given an
opportunity to comment on FCHA's request at that time. See Attachment 5.”
Sue Beck-Ferkiss, Social Sustainability Department, discussed the City’s affordable housing
programs and fee waiver qualifications. She detailed the proposed project and its fee waiver
request.
Councilmember Troxell stated this project has generated a great deal of discussion regarding
public process and asked what type of public outreach was completed. Jason Holland, Project
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Planner, replied there were three neighborhood meetings held regarding the project, one
sponsored by the City and two by the Housing Authority.
Councilmember Troxell stated residents on the east side of College Avenue were not notified
about the meetings and asked about a red line shown on a map from the Housing Authority.
Kristin Fritz, Fort Collins Housing Authority, replied the graphic referenced by Councilmember
Troxell represents a ¼ mile buffer radius around the South Transit Center which was meant to
illustrate the true transit-oriented nature of the development.
Councilmember Troxell expressed concern the notification boundary did not encompass
residential areas on the east side of College Avenue. Beck-Ferkiss replied there were multiple
rounds of outreach for this project and stated the Housing Authority initiated a voluntary public
outreach effort approximately a year prior to the City-required neighborhood meeting in August.
Julie Brewen, Fort Collins Housing Authority Executive Director, offered to provide a timeline
of the public outreach efforts for the project, beginning in November 2011.
Councilmember Troxell asked what the February 5
th
City approval date references. Beck-Ferkiss
replied the Development Review process includes a Final Development Plan process, which does
not require an action by the Planning and Zoning Board or Council, and those plans are expected
to be approved February 5
th
.
Councilmember Campana acknowledged the public outreach process but stated the appearance
was that the outreach primarily came after many people heard about the project via hearsay. He
suggested future projects should include proactive outreach. Fritz replied a proactive effort was
initiated; however, it could be improved.
Councilmember Poppaw asked about the possibility of waiving utility fees for the project.
Deputy City Manager Jones discussed the policy approved by Council in March 2013 which
stated Housing Authority fee waivers could be approved for certain projects. She went on to
detail the fees which could be considered by Council for waivers.
Councilmember Poppaw suggested revisiting the package of fees available for waivers.
Councilmember Cunniff asked who owns the property other than the Housing Authority. Beck-
Ferkiss replied this is a tax credit property involving several limited liability corporations;
however, the sole manager of all of them is the Fort Collins Housing Authority.
Councilmember Poppaw stated the Housing Authority Board learned the importance of going
above and beyond public outreach requirements.
Mayor Weitkunat discussed the importance of affordable housing in the community and noted
this project has brought awareness to the community.
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Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 014, 2014, on First Reading.
Mayor Pro Tem Horak noted affordable housing projects need to be located throughout the city
and near transit.
Tatiana Martin, Affordable Housing Board Vice-Chair, supported the item and stated the project
meets an identified need.
Councilmember Troxell expressed support for the project and stated his concern was related to
process issues.
The vote on the motion was as follows: Yeas: Weitkunat, Poppaw, Horak, Troxell, Cunniff,
Overbeck and Campana. Nays: none.
THE MOTION CARRIED.
Ordinance No. 017, 2014,
Amending Chapter 26, Section 26-712, of the City Code
Relating to Utility Manual Meter Reading Charges, Adopted on First Reading
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
The purpose of this item is to revise the language used in the City Code concerning monthly
billing charges for a site visit to obtain metering data for water and/or electric service
consumption. The data is used for monthly billing of utility services. The existing
descriptor in the table of utility bill and account charges in Section 26-712 of City Code
mistakenly references mechanical electric meters which have not been purchased by Light
& Power since 2009. The use of this descriptor has created unnecessary confusion about
the intent of this provision. The recommended change is to provide greater clarity.
BACKGROUND / DISCUSSION
The City Code provides for the optional use of metering equipment without remote
communications capability for recording water and electric services consumption. When
such “non-advanced” metering is used, a site visit is required to read water and/or
electric meters to obtain the use data used for service billing. A monthly fee for manual
meter reading was established by Ordinance No. 161, 2011. The amount of the charge is not
changed by this Ordinance. The fee is intended to recover the cost of manual meter readings for
customers who choose to have a meter that does not transmit use date and therefore must be
read manually. The manual meter reading charge is $11.00 per month for electric and/or water
service. The fee is calculated to cover the cost of labor and equipment required to make a
manual read of the meter(s) each month. All customers are eligible and encouraged to
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participate in the Advanced Meter Fort Collins program and accept updated metering
equipment that transmits data. Those customers with an “advanced meter” will not require a
manual reading and will not incur this fee. The fee is not intended to be a penalty for selecting a
manually read meter; it is an equitable means to recover the costs to read the non-advanced
meters.
The current descriptor in the table at Section 26-712 that details utility fees mistakenly
references a mechanical electric meter. Light & Power has been installing electronic
meters since the early 1990s and has been phasing out electro-mechanical meters for some
time. Light & Power has not used electro-mechanical meters as an equipment standard
since 2009. The ordinance states the intention of the Code provision more clearly. The
revision changes the description in the table to clearly communicate that the charge is for
the site visit required to read water and/or electric metering to obtain use data that will be
used for monthly service billing, and is not intended to create an entitlement on the part of
the utility customer to request or retain a mechanical meter.”
Dennis Sumner, Senior Electrical Engineer, stated this item amends Code language referencing
required site visits for customers opting out of Smart Meter service. He stated there is no
fundamental change regarding fees or meaning; this item simply clarifies confusing language.
Eric Sutherland, 3520 Golden Currant, opposed the site visit charge as being punitive. He
suggested the community should determine how to reduce peak demand.
Councilmember Cunniff stated the language was incorrect rather than confusing and suggested
reviewing the wording in other Ordinances.
Councilmember Troxell agreed this is a clarification item.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 017, 2014, on First Reading. Yeas: Campana, Cunniff, Horak, Weitkunat, Overbeck,
Poppaw and Troxell. Nays: none.
THE MOTION CARRIED.
Items Relating to the Adoption of the 2012 International Codes, Adopted on First Reading
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 018, 2014, Amending Chapter 5, Article II, Division 2, of the
City Code for the Purpose of Repealing the 2009 International Building Code (IBC) and
Adopting the 2012 International Building Code, with Amendments.
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B. First Reading of Ordinance No. 019, 2014, Amending Chapter 5, Article II, Division 2, of the
City Code for the Purpose of Repealing the 2009 International Energy Conservation Code
(IECC) and Adopting the 2012 International Energy Conservation Code, with Amendments.
C. First Reading of Ordinance No. 020, 2014, Amending Chapter 5, Article II, Division 2, of the
City Code for the Purpose of Repealing the 2009 International Residential Code (IRC) and
Adopting the 2012 International Residential Code, with Amendments.
D. First Reading of Ordinance No. 021, 2014, Amending Chapter 5, Article IV of the City Code
for the Purpose of Repealing the 2009 International Mechanical Code (IMC), and adopting
the 2012 International Mechanical Code, with Amendments.
E. First Reading of Ordinance No. 022, 2014, Amending Chapter 5, Article IV of the City Code
for the Purpose Repealing the 2009 International Fuel Gas Code (IFGC), and Adopting the
2012 International Fuel Gas Code, with Amendments.
The purpose of this item is to recommend adoption the 2012 International Codes (I-Codes). The
2012 I-Codes represent the most up-to-date construction standards establishing minimum
requirements to safeguard the public health, safety, and general welfare from hazards attributed
to the built environment within the City of Fort Collins.
STAFF RECOMMENDATION
Staff recommends adoption of the 2012 I-Codes and the associated local amendments. Key
recommendations include:
1. Proposing to amend the International Building Code (IBC) to require that new Group R-
2 (multi-family buildings) be provided with the enhanced fire-suppressions (fire-
sprinkler) system, NFPA 13, which would provide sprinkler head protection in attic
spaces not currently required to be protected. This amendment is proposed to become
effective July 1, 2014, providing sufficient time for designers and developers to make the
appropriate changes to construction documents. Please see local amendment to the IBC
Section 903.3.1.2.
2. Proposing to amend the IBC and International Residential Code (IRC) by disallowing the
use of vinyl and polypropylene siding materials on new buildings. Vinyl siding products
have been found to be contributors of flame spread in recent local fires causing extensive
damage and property loss. Vinyl siding products tend to warp and crack over time when
exposed to sunlight, especially at higher altitudes. Vinyl siding products are mostly used
on low income multi-family housing projects and have not been used on single-family
products for at least the past decade. Please see local amendments to the IBC Sections
1404.9 and 1404.12 and local amendments to the IRC Sections R703.11 and R703.11.3.
3. Proposing to amend the IBC and IRC to improve the Construction Waste Management
Plan (CWMP), currently required for new buildings only, to require recycling of
construction waste such as wood, concrete and masonry, metals, and cardboard during
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remodels and additions over 2500 square feet. Also, proposing that supporting
documentation that verifies compliance with the CWMP would be required before the
Certificate of Occupancy can be issued. Please see local amendment to the IBC Section
3602.1 and local amendment to the IRC Section R324.1.
4. Proposing to amend the IBC and IRC to require a demolition/recycling plan for all
buildings being demolished. The amendment would require the removal of all hazards
such as asbestos and lead paint, removal and recycling of all reusable components such
as cabinets, doors, windows, and fixtures. All remaining wood, concrete and masonry,
metals, and cardboard is to be recycled in accordance with a Construction Waste
Management Plan. Please see local amendment to the IBC Section 3602.1.1 and local
amendment to the IRC Section R324.1.1.
5. Proposing to amend the IRC to require fire-sprinkler systems in new duplex and new
townhome projects. This proposal is to become effective July 1, 2014. Please see local
amendment to the IRC Sections R313.1 and R313.2.
6. Proposing to amend the International Energy Conservation Code (IECC) to require an
air-tightness test in multi-family buildings that verifies that the air leakage between
dwelling units, across the common wall, meets Leadership in Energy and Environmental
Design (LEED) for Homes Multi-Family criteria of not more than .30 CFM/cubic feet/of
surface area. This criteria is equivalent to the air tightness requirements currently in
place for detached single-family homes. Recognizing that designers will need time to
incorporate construction details to meet this amendment, staff suggests that this proposal
become effective July 1, 2014. Please see local amendment to the IECC Section R402.4.1.
BACKGROUND / DISCUSSION
The International Codes and standards are reviewed and voted on by construction industry
professionals from across the country and published every three years under the oversight of the
International Code Council (ICC). The latest publications brought forth by the ICC are the
proposed 2012 International Codes intended to replace the current City-adopted 2009
International Codes.
Since 1924, the City of Fort Collins has periodically reviewed, amended, and adopted the latest
nationally recognized building standards available for the times. The City has updated the
minimum construction standards thirteen (13) times since 1924.
Locally, the rational for staff to recommend items #1 and #2 above are the result of recent highly
damaging fires at the Buffalo Run and Bull Run apartment complexes. Both complexes were
provided with the lower standard NFPA 13R fire-sprinkler system which does not require fire-
sprinkler heads in the attic. Both projects were constructed with the required fire barriers in the
attic space and these fire-barriers failed to contain the fire spread. Both fires started on the
exterior enflaming the vinyl siding products allowing the flames to travel fairly rapidly up the
exterior wall surface and into the un-protected wood constructed attic spaces. The construction
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details incorporated and the siding products used were in compliance with the codes at the time
of construction but were proved to be ineffective at retarding a fire which destroyed a dozen
apartments before the fire department arrived and extinguished these blazes. These two fire
events caused damage estimated at $400,000 and $500,000 respectively, displacing a dozen low
income families from their homes and destroying all contents and personal belongings. Over the
past decade or more, very few multi-family projects were designed with vinyl siding and no
single-family detached projects have used vinyl siding products.
Staff’s recommendation of item #5 above is based on the understanding that duplex and
townhome projects more closely resemble the multi-family projects (which are required to have
fire-sprinklers) in that, one occupant or owner has no control over the actions or accidents of a
neighbor just a wall thickness away. Requiring fire-sprinkler systems in new single-family
detached dwellings is not being recommended with this code adoption cycle.
FINANCIAL / ECONOMIC IMPACTS
The proposed Codes and local amendments will have an economic impact on construction cost
of multi-family and attached dwelling units of duplex and townhome projects.
Effective July 1, 2014, requiring new multi-family buildings to be protected with the National
Fire Protection Association’s NFPA 13 fire-sprinkler system is anticipated to increase the cost
of the fire-suppressions system by 35% over the currently allowed NFPA 13R. This calculates to
approximately $750 increase per dwelling unit of a multi-family building.
Effective July 1, 2014, requiring new duplexes and new townhomes to be provided with a fire-
sprinkler system in accordance with the IRC Section P2904 is anticipated to increase
construction cost by approximately $1.50 per square foot floor area. IRC’s P2904 fire-sprinkler
system is the most cost effective system available with current technology. The system is a
combination potable-water/fire-sprinkler system and is installed by a licensed plumber as an
extension of the building’s water plumbing system. The P2904 is not anticipated to cause leaks
any more often than current water piping systems installed in buildings and is subject to the
same freeze protections required of water piping systems in general.
Eliminating the use of vinyl siding products on new buildings is anticipated to increase the cost
of siding materials by approximately $0.41 per square foot of siding. Labor cost to install siding
is the same regardless of the materials used. This calculates to approximately $245.00 increase
per dwelling unit, but only on projects that propose the use of vinyl siding. Over the past 12
years or more, very few multi-family projects and no single-family projects have started
construction proposing the use vinyl siding products. See Attachment 2 for a breakdown of these
cost estimates.
ENVIRONMENTAL IMPACTS
Improvements being proposed to the Construction Waste Management Plan (CWMP), for new
buildings as well as remodeled buildings, will divert additional construction waste from the
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landfill. Buildings to be demolished will, for the first time in Fort Collins, be required to first
remove hazards such as lead paint and asbestos, then remove and recycle any salvageable
materials, while complying with the adopted CWMP for all remaining materials such as wood,
concrete and masonry, metals, and cardboards.
Installing fire-suppression systems in new duplexes and new townhomes is considered by many
construction industry organizations as “green building”. Several studies have been completed
that tout the environmental benefits of suppressing a building fire with sprinkler systems as
opposed to relying on fire departments to extinguish an event. The philosophy of extinguishing a
fire through the use of fire-sprinkler systems, versus containing a fire through fire-rated
construction has been a key point for the code writers, the International Code Council, since the
inception of the I-Codes in 2000. Please see Attachment 3 Residential Sprinkler Reports for the
various studies conducted.
Multi-family air testing of individual dwelling units, constructed after July 1, 2014, will need to
show air tightness similar to new single-family detached homes. It is anticipated that assuring
the air tightness of individual dwelling units will significantly improve indoor air quality by
reducing air pollutants and odors from transferring between dwelling units across common
walls or floor ceiling systems.
BOARD / COMMISSION RECOMMENDATIONS
Over the past several months, the proposed 2012 I-Codes and local amendments were
introduced to numerous City boards and commissions. While there is wide support for the
adoption of the 2012 I-Codes including the proposed fire-sprinkler changes to multi-family
buildings and requiring fire-sprinklers in attached dwellings such as duplex and townhomes,
there is concern over the construction cost increases in general. There is little to no support for
requiring fire-sprinklers in new detached single-family homes. See Attachment 4 for the list of
presentations and dates, including a brief summary of each along with minutes or actions where
provided.
PUBLIC OUTREACH
In August 2012, a committee was convened for the purpose of reviewing and recommending the
adoption of the proposed 2012 I-Codes and accompanying local amendments. The stakeholder’s
Code Review Committee represented a wide spectrum of volunteers from across the local
construction industry including private developers, builders, architects, engineers, building
officials from neighboring jurisdictions and representatives from the Building Review Board and
the Poudre Fire Authority. See Attachment 5 for a list of the members of the Code Review
Committee.
On October 2, 2013 and November 13, 2013, the Code Review Committee met and committee
members voted in support of the 2012 I-Codes and accompanying local amendments as
proposed, including the six “key recommendations” discussed above. See Attachments 6 and 7
for an abbreviated list of proposed amendments to the IBC and the IRC.
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January 21, 2014
22
Code Review Committee Conclusions:
The Committee felt that generally, there are no significant changes in the 2012 IBC that the
members considered to be controversial or overly expensive to new construction. The proposed
requirements that new multi-family buildings provide fire-sprinklers in the attic and the
elimination of vinyl siding products on new buildings were supported and considered important
discussion items. The remaining IBC and amendments were supported for adoption.
The 2012 IRC requires that all new buildings constructed under the IRC, single-family detached,
duplex, and townhomes, be provided with a fire-sprinkler system. A majority of the members
voted for support for the fire-sprinkler requirement in new duplexes and new townhomes, and
support an effective date of July 1, 2014. The committee members do not support requiring fire-
sprinkler systems in new single-family detached projects. The remaining 2012 IRC and
amendments were supported for adoption. The proposed codes were introduced to the local
Board of Realtors on two separate occasions and the Northern Colorado Home Builders
Association.”
Mike Gebo, Chief Building Official, stated staff proposes the adoption of five distinct building
codes: the International Building Code, International Residential Code, Mechanical Code, Fuel
Gas Code, and the Energy Code. The Residential Code is designed as a stand-alone code for
single-family, duplex, and townhome developments. The Mechanical, Fuel Gas, and Energy
Codes apply to commercial properties. Gebo outlined some of the proposed changes for each of
the Codes.
Francie Martinez, Fort Collins Board of Realtors Chair, offered general support for the adoption
of the 2012 Codes; however, she expressed concern regarding a local ban on vinyl siding,
particularly for single-family homes, and requested no additional recycling requirements be
incorporated until such time as adequate facilities are available to accept those materials.
Chris Hardy, Fort Collins Board of Realtors, offered general support for the adoption of the 2012
Codes and expressed concern regarding potential increased costs and unintended consequences
of the local amendments. He requested Council adopt the Codes without the local amendments
to ban vinyl siding for single-family housing and without additional recycling requirements until
such time as adequate facilities are available to accept those materials.
Angie Spangler, Fort Collins Board of Realtors, offered general support for the adoption of the
2012 Codes but requested no additional recycling requirements be incorporated until such time
as adequate facilities are available to accept those materials.
Paul Hunter, Fort Collins Board of Realtors Chair-Elect, offered general support for the adoption
of the 2012 Codes but expressed concern regarding the ban on vinyl siding for single-family
homes due to affordability concerns. He also requested no additional recycling requirements be
incorporated until such time as adequate facilities are available to accept those materials.
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Attachment1.1: January 21, 2014 (Minutes 1/21/14)
January 21, 2014
23
Tatiana Martin, Affordable Housing Board, stated the Board voted 5-1 for a recommendation on
the adoption of the 2012 International Building Code updates, with the exception that sprinkler
systems for new duplexes and single-family attached homes are not recommended due to the
increased building costs. She urged Council to not ban vinyl siding for single-family residences.
Eric Sutherland, 3520 Golden Currant, stated unless there is a market to provide a service for
recycling materials, no one will fill that niche in the economy. He supported increasing the
recycling standards.
Cindy Minatta, Fort Collins Board of Realtors, encouraged Council to focus on education versus
regulation for single-family home sprinkler systems and stated the choice of vinyl siding should
still be offered for single-family residences. She opposed increasing recycling standards until
such time as adequate facilities are available to accept those materials.
Clint Skutchan, Fort Collins Board of Realtors CEO, thanked City staff for time spent with the
Board and expressed concern regarding increased costs associated with the proposed changes.
Mayor Weitkunat asked if vinyl siding is suggested to be banned for single-family units as well
as multi-family units. Gebo replied vinyl siding has not been used in new single-family detached
projects for the last ten years due to the local requirements that a cementuous siding material be
used within five feet of a property line.
Mayor Weitkunat asked if vinyl siding would be allowed on remodel projects. Gebo replied
there is nothing in the Code regarding vinyl siding currently; the proposal is to eliminate vinyl
siding only on new buildings.
Mayor Weitkunat asked if the integrated recycling center will be used for construction items.
City Manager Atteberry replied that is the ultimate plan; however, that may not happen in the
first phase. Gebo replied the proposal to expand the construction waste recycling requirements
into remodels and additions is requiring the recycling of the same four components that are
currently recycled in new buildings.
Councilmember Troxell requested information about the City’s future plans for recycling. Bruce
Hendee, Chief Sustainability Officer, replied the plan is to have a multiple-phase recycling
facility. The first phase of the integrated recycling facility is designed and budgeted and planned
for construction to begin later in the year.
Councilmember Troxell asked about the City’s plans with regard to implementing these
requirements. Gebo replied staff has discussed identification of recycling bins and the promotion
of education for residents.
Councilmember Troxell suggested environmental sustainability staff members should be
working with builders and private sector providers prior to the implementation of the recycling
facility. Gebo replied that has occurred with staff and a CSU student has completed a survey of
recycling in construction projects.
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January 21, 2014
24
Councilmember Troxell asked about potential cost reductions during this transition period.
Councilmember Campana asked how this change regarding recycling for additions and remodels
differs from the existing regulations. Gebo replied there are no changes other than the recycling
standards being applicable to remodels.
Councilmember Campana agreed with Gebo’s statement regarding the use of vinyl siding on
single-family homes.
Councilmember Troxell asked about the new philosophy of extinguishing fires versus fire
containment. Gebo replied the International Code Council’s philosophy changed to installing
sprinkler systems to prevent fires from expanding. Additionally, if sprinklers are not required in
duplexes or townhomes, the IRC requires the fire rating of the shared wall to be increased from a
one hour rating to a two hour rating.
Tom DeMint, Poudre Fire Authority Fire Chief, replied the early suppression provided by
residential sprinklers aids in life safety, keeps fires smaller, and aids in property conservation.
Councilmember Campana stated the new requirements for fire sprinklers have lowered in cost to
make sense from a safety perspective.
Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 018, 2014, on First Reading.
Councilmember Troxell stated he would support the adoption of the Codes and expressed
appreciation for Councilmember Campana’s input and knowledge. He commended the Board of
Realtors for its input and commended staff for work on the item.
Mayor Weitkunat stated she would support the adoption of the Codes and thanked the Board of
Realtors for its input and commitment to affordable housing in the community.
The vote on the motion was as follows: Yeas: Weitkunat, Campana, Overbeck, Cunniff, Poppaw,
Horak and Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 019, 2014, on First Reading. Yeas: Weitkunat, Campana, Overbeck, Cunniff,
Poppaw, Horak and Troxell. Nays: none.
THE MOTION CARRIED.
Packet Pg. 31
Attachment1.1: January 21, 2014 (Minutes 1/21/14)
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25
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 020, 2014, on First Reading. Yeas: Weitkunat, Campana, Overbeck, Cunniff,
Poppaw, Horak and Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 021, 2014, on First Reading. Yeas: Weitkunat, Campana, Overbeck, Cunniff,
Poppaw, Horak and Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 022, 2014, on First Reading.
Mayor Pro Tem Horak commended input from the Affordable Housing Board and Board of
Realtors and commended Gebo’s work on the item.
The vote on the motion was as follows: Yeas: Weitkunat, Campana, Overbeck, Cunniff, Poppaw,
Horak and Troxell. Nays: none.
THE MOTION CARRIED.
(Secretary’s note: The Council took a brief recess at this point in the meeting.)
Items Relating to the Redevelopment of the Foothills Mall, Adopted on Second Reading
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 008, 2014, Vacating Foothills Parkway Right-of-Way
Between College Avenue and Mathews Street, and Vacating a Portion of Mathews Street.
B. Second Reading of Ordinance No. 009, 2014, Authorizing the Conveyance of a
Permanent Irrigation Ditch Easement and Right-of-Way to the Larimer County Canal
No. 2 Irrigating Company Within the South College Avenue Frontage Road.
Ordinance No. 008, 2014 vacates the right-of-way for the remaining public street portion of
Foothills Parkway from College Avenue to Mathews Street, along with a portion of the west side
of Mathews Street intersecting Foothills Parkway. Ordinance No. 009, 2014, authorizes the
conveyance of a permanent irrigation ditch easement and right-of-way to accommodate the
realignment of the Larimer No. 2 Ditch, which allows the ditch to be relocated off the Mall
property. These Ordinances were adopted on First Reading on January 14, 2014, by a vote of 6-
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January 21, 2014
26
0 (Weitkunat recused).”
Mayor Weitkunat withdrew from the discussion of this item due to a conflict of interest.
Eric Sutherland, 3520 Golden Currant, discussed disputed ownership relating to Larimer County
Canal No. 2.
Councilmember Troxell made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 008, 2014, on Second Reading.
Councilmember Cunniff asked about the deconstruction of the Tres Margaritas building and
requested information regarding auditing future debris removal from the mall project.
Additionally, he asked if photos are being taken of the existing mall in order to allow for proper
mitigation. City Manager Atteberry replied photos were being taken.
Councilmember Cunniff asked where the new mall agreement is located on the City’s webpage.
Josh Birks, Economic Health Director, replied a copy of the fully executed agreement is on the
Fort Collins Urban Renewal Authority website, as well as on the Foothills Mall section of the
main fcgov.com page.
Councilmember Cunniff suggested the development of a stronger wetland mitigation policy in
the future.
The vote on the motion was as follows: Yeas: Cunniff, Overbeck, Poppaw, Troxell, Horak and
Campana. Nays: none.
THE MOTION CARRIED.
Councilmember Troxell made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 009, 2014, on Second Reading.
Councilmember Cunniff requested information regarding the disputed ownership of the land
under the canal. Mayor Pro Tem Horak replied Mr. Sutherland was referring not to this specific
easement location but the canal on another property.
City Manager Atteberry stated the signed mall agreement can be found at
fcgov.com/foothillsmall.
Mayor Pro Tem Horak suggested the wetland mitigation policy should look more at land value
than acreage.
Councilmember Troxell asked about the current backhoe activity on the site and the fact that the
project was set to begin yesterday. Rick Richter, Director of Infrastructure Services, replied
there is a provision in the Code that allows for the construction of irrigation ditches within the
right-of-way. The easement was requested by the Ditch Company.
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January 21, 2014
27
Councilmember Campana noted there is a clearly defined policy with regard to wetland
mitigation from the perspective of developers.
The vote on the motion was as follows: Yeas: Cunniff, Overbeck, Poppaw, Troxell, Horak and
Campana. Nays: none.
THE MOTION CARRIED.
Ordinance No. 003, 2014,
Amending Section 1-15 of the City Code Relating to
General Penalties, Adopted on Second Reading
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on January 7, 2014, adjusts the
maximum fines Municipal Court may impose so they are consistent with state law. The
Ordinance has been revised on Second Reading to reflect the fact that, while the City Code
specifies the maximum monetary penalty that the Municipal Judge may currently impose, it does
not require that such amount be consistent with state law.”
Eric Sutherland, 3520 Golden Currant, opposed this item based on the fact its necessity has not
been verified and its timing has not been verified as necessary. He went on to oppose
expenditure of public funds in the City.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 003, 2014, on Second Reading. Yeas: Weitkunat, Cunniff, Overbeck, Poppaw, Troxell,
Horak and Campana. Nays: none.
THE MOTION CARRIED.
Ordinance No. 007, 2014,
Authorizing the Lease of a Portion of City-Owned Property at 225 Maple Street
to Feeding Our Community Ourselves, Inc. For Up to Five Years,
Second Reading Postponed to March 18, 2014
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
Staff is requesting that Second Reading of this Ordinance be postponed to March 18, 2014. Due
to the neighborhood concerns expressed on First Reading of this item on January 7, staff is
planning two public meetings with the neighborhood. The outcome of these meetings will be
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28
included in the Council presentation at the March 18 Council meeting.”
Councilmember Cunniff stated Ms. Distaso expressed concern regarding the necessity for the
extended period of delay. Ken Mannon, Operations Services Director, replied at least fourteen
days are required for public notification and stated the first public meeting will be Wednesday,
February 5
th
in the Community Room and the notification boundary was extended beyond the
required 800 foot radius. Additionally, a meeting is scheduled for February 19
th
at 281 North
College.
Councilmember Poppaw noted the March 18
th
date is during spring break for Poudre Schools
and CSU and asked about the impact of the postponement on the FoCo Café. Helen Matson,
Real Estate Services Manager, replied the date was chosen in order to allow time for the public
meetings. The FoCo Café has been involved and has no problems with the delay.
Councilmember Troxell made a motion, seconded by Councilmember Campana, to postpone
Second Reading of Ordinance No. 007, 2014, to March 18, 2014.
Councilmember Cunniff expressed concern regarding the selection of the March 18
th
date and
asked if information could be ready for the March 4
th
agenda. Matson replied the information
would be due to the City Clerk’s Office on the same day of the meeting.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to change the
postponement date to March 4, 2014.
Councilmember Cunniff asked if staff could have a few additional days to get the agenda item to
the City Clerk’s Office. City Manager Atteberry replied the staff team is concerned about
providing complete information to Council and is attempting to abide by the agenda process.
Additionally, he noted the FoCo Café is not concerned about the additional delay.
Councilmember Cunniff expressed concern the project is being delayed due to the City’s
mistakes. City Manager Atteberry stated staff will amend its internal process to attempt to place
the item on the March 4
th
agenda; however, he will not force the issue if it is not ready for that
agenda.
Councilmember Campana asked if the FoCo Café is still moving forward with its planning
process during this delay. Matson replied the application is not on hold and noted this series of
meetings would satisfy the neighborhood meeting requirement for a minor amendment process.
Mayor Pro Tem Horak stated he would not support the amendment stating the lease should never
have been considered prior to the land use process being complete.
Councilmember Poppaw noted the spring break timing could potentially negatively affect
attendance at the meeting by citizens and Councilmembers.
Councilmember Troxell requested clarification of the item and asked if the Planning and Zoning
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Attachment1.1: January 21, 2014 (Minutes 1/21/14)
January 21, 2014
29
process was a required step. Laurie Kadrich, Director of Community Development and
Neighborhood Services, replied this is an administrative decision which will not go before the
Planning and Zoning Board but will be reviewed administratively. She stated the land use
approval process can function and progress separately from the additional public meeting
process.
Matson stated the FoCo Café has a strong desire to work with the neighborhood and the decision
was made to have formal meetings managed by Planning staff.
Councilmember Campana stated this dialogue is precedent-setting in that neighborhood meetings
are not required regarding City-owned building leases. He stated the neighborhood meetings
should take place as required through the land use process. City Manager Atteberry agreed with
Councilmember Campana’s assessment of the situation and noted City-owned buildings are
usually leased to uses which are already allowed. Future lease agreements will go before
Council; however, he stated he did not believe requiring land use processes for every future lease
agreement would be beneficial.
Councilmember Campana stated he does not believe the City overlooked any public participation
process as the lease would have been contingent upon the land use being approved.
City Attorney Roy stated the timing in bringing forward the lease in relation to the land use
process was the aspect which was overlooked; the land use piece typically occurs first.
The vote on the amended motion was as follows: Yeas: Overbeck, Poppaw Cunniff. Nays:
Horak, Weitkunat, Troxell and Campana.
THE MOTION FAILED.
Councilmember Cunniff stated he would not support the postponement to March 18
th
.
Mayor Weitkunat stated the process broke down with respect to public participation, though she
agreed these are two separate processes.
Councilmember Campana agreed with City Attorney Roy’s comments and stated land use
decisions should be made prior to lease agreements in the future.
Councilmember Poppaw expressed frustration with the placement of controversial items on the
spring break agenda.
Mayor Pro Tem Horak noted neither the neighbors nor FoCo Café representatives appear to have
a conflict with the March 18
th
date.
The vote on the motion was as follows: Yeas: Weitkunat, Troxell, Campana and Horak. Nays:
Overbeck, Poppaw and Cunniff.
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Attachment1.1: January 21, 2014 (Minutes 1/21/14)
January 21, 2014
30
THE MOTION CARRIED.
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Attachment1.1: January 21, 2014 (Minutes 1/21/14)
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31
Other Business
Mayor Weitkunat expressed frustration with being unable to participate in a major community
decision in the mall redevelopment for the past fifteen months, due to the location of her home.
She stated she no longer believes she has a perceived conflict, as the agreement to redevelop the
mall has been approved and signed, and she plans to participate in future policy-level decisions
related to the Midtown area as would any other elected representative.
Councilmember Poppaw noted Councilmembers do have the opportunity to disagree with Ethics
Review Board decisions and continue to participate in discussions.
Adjournment
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adjourn to
Tuesday, January 28, at 6:00 p.m. so that the Council may consider any additional business that
may come before the Council, including a possible Executive Session. Yeas: Overbeck,
Poppaw, Troxell, Campana, Cunniff, Horak and Weitkunat. Nays: none.
THE MOTION CARRIED.
The meeting adjourned at 9:34 p.m.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 38
Attachment1.1: January 21, 2014 (Minutes 1/21/14)
Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY February 18, 2014
City Council
STAFF
Lindsay Ex, Senior Environmental Planner
SUBJECT
Postponement of Items Relating to the Kechter Farm Annexation and Zoning to March 4, 2014.
EXECUTIVE SUMMARY
Staff requests that Second Reading of the Kechter Farm Annexation and Zoning Ordinances (Ordinance Nos.
005 and 006, 2014) be postponed until March 4, 2014. The final plat approval should be considered by the
Board of County Commissioners by the end of February. Under the Intergovernmental Agreement (IGA) with
Larimer County, the City has agreed to not annex lands within the Fossil Creek Reservoir Area Plan until after
final plan approval by the County. Postponing this item until the March 4 meeting will honor the City’s
commitment in the IGA.
Packet Pg. 39
Agenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY February 18, 2014
City Council
STAFF
Tyler Siegmund, Civil Engineer
SUBJECT
Second Reading of Ordinance No. 023, 2014 Vacating a Portion of the Fossil Boulevard Right-of-Way as
Dedicated on the Plat of Redtail.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on February 4, 2014 vacates a portion of the Fossil
Boulevard right-of-way that is no longer necessary or desirable to retain for public street purposes. The
property owner adjacent to this portion of right-of-way is requesting the vacation. This location will be the
future site of the Redtail Ponds Permanent Supportive Housing project (Redtail Second Filing).
STAFF RECOMMENDATION
Staff recommends adoption of this Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, February 4, 2014 (w/o attachment) (PDF)
2. Ordinance 023, 2014 (PDF)
Packet Pg. 40
Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY February 4, 2014
City Council
STAFF
Tyler Siegmund, Civil Engineer
SUBJECT
First Reading of Ordinance No. 023, 2014 Vacating a Portion of the Fossil Boulevard Right-of-Way as
Dedicated on the Plat of Redtail.
EXECUTIVE SUMMARY
The purpose of this item is to vacate a portion of the Fossil Boulevard right-of-way that is no longer necessary
or desirable to retain for public street purposes. The property owner adjacent to this portion of right-of-way is
requesting the vacation. This location will be the future site of the Redtail Ponds Permanent Supportive
Housing project (Redtail Second Filing) which was approved at the Planning and Zoning Board Public Hearing
on November 21, 2013.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 2006, the Redtail development project, located northwest of Harmony Road and Fossil Creek Parkway,
platted several lots and dedicated additional right-of-way for Fossil Boulevard. This portion of the Redtail
development was not constructed and this portion of the project’s approval has expired.
The Fort Collins Housing Authority has proposed a multifamily development project at this location and no
longer needs the Fossil Boulevard right-of-way to serve the development. The Fort Collins Housing Authority
has ownership of the adjacent land. All public and private utilities were notified of the proposed vacation and
they report no objections to the vacation request.
FINANCIAL / ECONOMIC IMPACT
There are no financial impacts to the vacation of this portion of right of way.
ENVIRONMENTAL IMPACTS
There are no environmental impacts to the vacation of this portion of right-of-way.
PUBLIC OUTREACH
A memorandum requesting input was sent to the utility providers and potentially impacted City departments.
The adjacent property owner and the person requesting the vacation are one in the same and thus no letters
were sent to adjacent property owners.
ATTACHMENTS
1. Location map (PDF)
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Attachment3.1: First Reading Agenda Item Summary, February 4, 2014 (w/o attachment) (SR 023 Fossil Blvd ROW Vacation)
- 1 -
ORDINANCE NO. 023, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING A PORTION OF THE FOSSIL BOULEVARD RIGHT-OF-WAY
AS DEDICATED ON THE PLAT OF REDTAIL
WHEREAS, the plat of Redtail included a dedication to the public of right-of-way for
Fossil Boulevard; and
WHEREAS, the Fort Collins Housing Authority has requested that the City vacate a
portion of this right-of-way; and
WHEREAS, said portion of right-of-way for Fossil Boulevard is no longer necessary or
desirable to retain for street purposes; and
WHEREAS, pertinent City agencies and private utility companies have been contacted
and have reported no objection to the proposed vacation; and
WHEREAS, the rights of the residents of the City will not be prejudiced or injured by the
vacation of said street right-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the portion of the Fossil Boulevard right-of-way, more particularly
described on Exhibit "A" attached hereto and incorporated herein by this reference, is hereby
vacated, abated and abolished provided, however, that:
(1) this vacation shall not take effect until this Ordinance is recorded with the
Larimer County Clerk and Recorder; and
(2) this Ordinance shall be recorded with the Larimer County Clerk and
Recorder concurrently with the subdivision plat for the development
known as “Redtail Second Filing”; and
(3) if this Ordinance is not so recorded by November 21, 2016, then this
Ordinance shall become null and void and of no force and effect.
Packet Pg. 42
Attachment3.2: Ordinance 023, 2014 (SR 023 Fossil Blvd ROW Vacation)
- 2 -
Introduced, considered favorably on first reading, and ordered published this 4th day of
February, A.D. 2014, and to be presented for final passage on the 18th day of February, A.D.
2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 18th day of February, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 43
Attachment3.2: Ordinance 023, 2014 (SR 023 Fossil Blvd ROW Vacation)
Packet Pg. 44
Attachment3.2: Ordinance 023, 2014 (SR 023 Fossil Blvd ROW Vacation)
Packet Pg. 45
Attachment3.2: Ordinance 023, 2014 (SR 023 Fossil Blvd ROW Vacation)
Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY February 18, 2014
City Council
STAFF
Paul Sizemore, FC Moves Program Manager
SUBJECT
First Reading of Ordinance No. 024, 2014, Appropriating Prior Year Reserves in the Keep Fort Collins Great
Fund to Fund Further Development of the West Central Neighborhoods Plan.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $170,000 of KFCG Other Transportation Reserve funds for
consulting services associated with the Transportation Element of the West Central Neighborhoods Plan. An
update of the plan is scheduled for 2014. The requested funding enhances the overall planning effort by
including an analysis of the neighborhood transportation network, consideration of growth on and around the
Colorado State University campus, recommendations and strategies, and detailed corridor vision and design
for Prospect Road between College Avenue and Shields Street.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The West Central Neighborhoods Plan (1999) generally encompasses the neighborhoods south and west of
the Colorado State University (CSU) main campus. The planning area includes commercial and institutional
uses as well as the highest residential density of any planning area in the City. In the time since the plan’s
adoption, the area has developed and evolved. Additionally, CSU continues to grow its student population and
expand on-campus facilities. In order to address these changing dynamics, Planning Services is scheduled to
complete an update of the Plan in 2014.
Preliminary conversations with area residents indicate significant concerns about transportation facilities and
services, especially along the Prospect Road Corridor from College Avenue to Shields Street. The 2014
update of the West Central Neighborhoods Plan presents an opportunity to realize efficiencies by coordinating
the neighborhood plan, circulation planning, and the design of this crucial segment of Prospect Road. By
enhancing the transportation element of the plan and including preliminary design for this part of the Prospect
Corridor, the needs and concerns of the neighborhood can be better addressed. At the same time, this project
will inform a future corridor planning effort to address all seven miles of Prospect Road as contemplated by the
Transportation Master Plan. An enhanced transportation element will also provide critical baseline data for
assessing the impacts of a possible on-campus stadium.
The transportation element will promote the development of a corridor and network that are functional, safe,
and identifiable for pedestrians, bicycles, buses, and cars. The project will include a review of existing
conditions, identifying and addressing data needs, establishing a transportation vision, coordinating with CSU
regarding campus development and stadium impacts, recommending updates to existing network plans and
policies, developing design alternatives for Prospect Road, evaluating alternatives, and producing a
preliminary design (30% complete) for the preferred alternative corridor plan.
Packet Pg. 46
Agenda Item 4
Item # 4 Page 2
FINANCIAL / ECONOMIC IMPACT
This Ordinance appropriates $170,000 of KFCG Other Transportation Reserves for consulting services
associated with the development of the Transportation Element. These funds will supplement the $135,000
previously approved by City Council for consulting services to update the land use, housing, and urban design
elements of updating the Plan.
By combining the transportation and corridor planning aspects of this project with the scheduled Plan update, a
single consulting team may be used to serve both the land use and transportation needs. Considerable
efficiencies will be realized by conducting a single program of public outreach and engagement, and by sharing
data and design concepts between the land use and transportation modeling phases of the project.
ENVIRONMENTAL IMPACTS
The current transportation infrastructure in the planning area is subject to numerous deficiencies, including
narrow or absent sidewalks and bike lanes, constrained segments, and lack of parking facilities. The
Transportation Element will identify opportunities to improve the availability of modal choices and to manage
automobile congestion. Both modal shift and congestion management are factors that contribute to
improvements in greenhouse gas emissions and reductions in fossil fuel consumption.
PUBLIC OUTREACH
The recommendation to include transportation and corridor planning in the West Central Neighborhoods Plan
update is a result of preliminary public feedback received by Planning Services. Once initiated, the project will
include an extensive program of public engagement and opportunities for residents to participate in the
planning and design process.
Packet Pg. 47
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ORDINANCE NO. 024, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE KEEP FORT COLLINS
GREAT FUND TO FUND FURTHER DEVELOPMENT OF THE WEST CENTRAL
NEIGHBORHOODS PLAN
WHEREAS, the West Central Neighborhoods Plan (the “Plan”) which was established in
1999, encompasses the neighborhoods south and west of Colorado State University (“CSU”)
campus; and
WHEREAS, the Plan area includes commercial and institutional uses as well as the
highest residential density of any planning area in Fort Collins; and
WHEREAS, the Transportation element of the Plan is in need of an update in light of
CSU on-campus expansion, student population growth, additional area development, automobile
congestion mitigation needs, and deficiencies of sidewalks, bike lanes, and parking facilities; and
WHEREAS, the update will address transportation facilities and services for the
“Prospect Corridor,” (the portion of Prospect Road between Peterson Street and South Taft Hill
Road) review of existing conditions, identifying data needs, establishing a transportation vision,
CSU campus development, potential on-campus stadium impacts, updates to existing network
plans, and evaluating design alternatives for Prospect Road; and
WHEREAS, the FC Moves Department is requesting a one-time appropriation of
$170,000 from existing reserves in the Keep Fort Collins Great Other Transportation Reserve to
fund consulting services associated with the development of the Transportation Element of the
Plan update; and
WHEREAS, if appropriated, these funds will supplement $135,000 of previously
approved funding for consulting services to update the land use, housing, and urban design
elements of the Plan; and
WHEREAS, the consolidation of funds will result in considerable efficiencies in public
expenditure, outreach and engagement, sharing of data and design concepts between land use
and transportation, and utilizing a single consultation team to serve both land and transportation
updates to the Plan; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to
appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be
available from reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated for expenditure from reserves in the Keep
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Fort Collins Great Fund the sum of ONE HUNDRED SEVENTY THOUSAND DOLLARS
($170,000) to support the update of the West Central Neighborhoods Plan in 2014.
Introduced, considered favorably on first reading, and ordered published this 18th day of
February, A.D. 2014, and to be presented for final passage on the 4th day of March, A.D. 2014.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 4th day of March, A.D. 2014.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 49
Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY February 18, 2014
City Council
STAFF
Matt Fater, Utilities Special Projects Manager
Jon Haukaas, Water Engr Field Operations Mgr
Owen Randall, Chief Engineer
SUBJECT
First Reading of Ordinance No. 025, 2014, Appropriating Prior Year Reserves in the Water Fund to Fund the
Replacement of the College Avenue Waterline From Mulberry Street to Buckeye Street.
EXECUTIVE SUMMARY
The purpose of this item is to fund the replacement of the College Avenue waterline from Mulberry to Buckeye
Streets, just south of Pitkin. Ordinance No. 134, 2013 appropriated funds for the design of this project. Design
and cost estimating have been completed. This Ordinance appropriates $2.1 million from reserves for the
construction of this project.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Colorado Department of Transportation (CDOT) will be repaving Highway 287 from Berthoud to Fort
Collins, which includes College Avenue through the city. The College Avenue portion of this work is
anticipated to start in spring 2015. Fort Collins Utilities has an existing waterline under this section of roadway
that is deteriorating and undersized to serve the current and anticipated population. This waterline is in need
of replacement to improve system reliability and fire protection along College Avenue. The project has been
moved up in priority because of CDOT’s plans to repave US 287. Fort Collins Utilities is proposing to
replace the waterline in summer 2014, prior to the CDOT repaving project, in an effort to reduce future
impacts to new pavement.
The College Avenue waterline project proposes to replace the waterline in College Avenue from Mulberry
Street to Buckeye Street, as well as replace the waterline in several side streets (Myrtle, Laurel, Garfield,
Edwards, Pitkin, and Buckeye) connecting to College Avenue. The project includes replacement of 6,500 feet
of existing 4-inch to 8-inch cast iron waterline with 8-inch PVC waterline, as well as the replacement of
existing valves, service lines and fire hydrants. This project will improve system performance, reliability, and
fire protection for several decades.
FINANCIAL / ECONOMIC IMPACT
The project team has completed preliminary design and cost estimating for the project. The estimated
construction cost is $2.1 million. This project was not budgeted in the 2013/2014 budget because staff was
unaware of the CDOT paving project at that time. Staff is requesting these funds be appropriated out of
existing reserves from the Water Fund. The project will not replace existing projects already planned under
this budget cycle.
Packet Pg. 50
Agenda Item 5
Item # 5 Page 2
SOCIAL IMPACTS
The project is proposed to begin in mid-May 2014 and finish in mid-August. The impacts to the public will be in
the form of construction activities, traffic closures, and temporary water shut downs. A primary goal of the
project is to minimize these impacts through technological advances in waterline replacement, such as pipe
bursting and directional drilling. These technologies allow for the replacement of the existing waterline while
reducing the amount of open trench required during construction, minimizing traffic impacts and the overall
duration of the project.
ENVIRONMENTAL IMPACTS
Construction will utilize best practices to minimize and mitigate environmental impacts of the project. The
utilization of trenchless technology will also reduce the environmental impacts associated with excavation and
hauling that is required with a standard open cut water line installation.
PUBLIC OUTREACH
Public outreach will be a primary focus for this project. Staff is currently working on the first public notification,
expected to be sent in mid-February. Staff will also be meeting with residents and business owners
individually to coordinate construction activities.
ATTACHMENTS
1. Location Map (PDF)
Packet Pg. 51
MULBERRY STREET
S COLLEGE AVENUE
LAKE STREET
PITKIN STREET
LAUREL STREET
Project Boundary
/
College Water Line Avenue Project
Legend
College Water Main
Water Mains
Parcels
Packet Pg. 52
Attachment5.1: Location Map (College Avenue Waterline Replacement Project)
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ORDINANCE NO. 025, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE WATER FUND TO FUND THE
REPLACEMENT OF THE COLLEGE AVENUE WATERLINE FROM MULBERRY
STREET TO BUCKEYE STREET
WHEREAS, the Colorado Department of Transportation (CDOT) will be repaving
Highway 287 from Berthoud to Fort Collins, starting in the Spring of 2015, which will include
College Avenue through the City; and
WHEREAS, Fort Collins Utilities has water mains under this section of roadway that are
deteriorating and are not adequately sized to serve the current and anticipated population in the
area; and
WHEREAS, Utilities is proposing to replace these lines in 2014 ahead of the CDOT
work in order to reduce impacts to future new pavement and avoid related costs to the Water
Utility; and
WHEREAS, the College Avenue waterline project will replace the waterline in College
Avenue from Mulberry Street to Buckeye Street, and will replace the waterline in several side
streets (Myrtle, Laurel, Garfield, Edwards, Pitkin, and Buckeye) connecting to the mains in
College Avenue; and
WHEREAS, the project includes replacement of 6,500 feet of existing 4-inch to 8-inch
cast iron waterline with 8-inch PVC waterline, as well as replacement of existing valves, service
lines and fire hydrants; and
WHEREAS, Utilities has requested that $2,100,000 be appropriated from Water Fund
Reserves for the related construction work; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council to
appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be
available from reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated; and
WHEREAS, City staff has recommended that the City Council appropriate $2,100,000
from prior year reserves in the Water Fund to be used for the construction of a water main
replacement project; and
WHEREAS, the City Council has determined that the waterline project and use of Water
Fund reserves as described herein will benefit the ratepayers of the Water Utility.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated for expenditure from prior year reserves in the
Water Fund the sum of TWO MILLION, ONE HUNDRED THOUSAND DOLLARS
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($2,100,000) to be used for the construction of a water main replacement project along College
Avenue, as described herein.
Introduced, considered favorably on first reading, and ordered published this 18th day of
February, A.D. 2014, and to be presented for final passage on the 4th day of March, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 4th day of March, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 54
Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY February 18, 2014
City Council
STAFF
Steve Roy, City Attorney
SUBJECT
First Reading of Ordinance No. 026, 2014, Amending Subsection 2-31(a)(2) of the City Code, Pertaining to
Executive Sessions Held for the Purpose of Meeting with Attorneys for the City.
EXECUTIVE SUMMARY
The purpose of this item is to amend subsection 2-31(a) of the City Code, which pertains to executive sessions
held for the purpose of meeting with attorneys for the City. The purpose of the amendment is to more closely
conform to the language in Article II, Section 11 of the City Charter.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City is a home rule municipality established under Article XX, Section 6 of the Colorado Constitution and,
as such, the City has its own set of laws governing the conduct of meetings held by its local officials.
Article II, Section 11 of the City Charter states that the City Council, during the course of a regular or special
meeting, may go into executive session for certain specified purposes. Those purposes are set forth in Article
II, Section 11 of the Charter. One of the purposes for which an executive session may be held under the
Charter is the purpose of consulting with attorneys representing the City regarding specific legal questions
involving litigation or potential litigation and/or the manner in which particular policies, practices or regulations
of the City may be affected by existing or proposed provisions of federal, state or local law.
Section 2-31 of the City Code reiterates the purposes for which executive sessions may be held. Subsection
2-31(a)(2), which deals with executive sessions pertaining to legal matters, authorizes “meetings with the City
Attorney or other attorneys representing the City regarding litigation or potential litigation involving the City.”
That language does not limit such discussions to “specific legal questions.” Because the language in
Subsection 2-31(a)(2) might be construed as being in conflict with the City Charter, and because the City
Charter is the organic law of the City and supersedes any conflicting provisions of the City Code, the City
Attorney has recommended to the City Council that the wording of Code Section 2-31(a)(2) be amended to
clarify that executive session consultations with attorneys for the City regarding litigation or potential litigation
must be limited to the discussion of specific legal questions.
Packet Pg. 55
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ORDINANCE NO. 026, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SUBSECTION 2-31(A)(2) OF THE CODE OF THE
CITY OF FORT COLLINS, PERTAINING TO EXECUTIVE SESSIONS HELD
FOR THE PURPOSE OF MEETING WITH ATTORNEYS FOR THE CITY
WHEREAS, the City is a home rule municipality established under Article XX, Section 6
of the Colorado Constitution and, as such, the City has its own set of laws governing the conduct
of meetings held by its local officials; and
WHEREAS, Article II, Section 11 of the City Charter states that the City Council, during
the course of a regular or special meeting, may go into executive session; and
WHEREAS, because executive sessions are closed to the public, they may only be held
for the purposes specified in Article II, Section 11 of the Charter; and
WHEREAS, one of the purposes for which an executive session may be held under the
Charter is the purpose of consulting with attorneys representing the City regarding specific legal
questions involving litigation or potential litigation and/or the manner in which particular
policies, practices or regulations of the City may be affected by existing or proposed provisions
of federal, state or local law; and
WHEREAS, Section 2-31 of the City Code reiterates the purposes for which executive
sessions may be held; and
WHEREAS, Subsection 2-31(a)(2), which deals with executive sessions pertaining to
legal matters, authorizes “meetings with the City Attorney or other attorneys representing the
City regarding litigation or potential litigation involving the City” without limiting such
discussions to “specific legal questions”; and
WHEREAS, because the language in Subsection 2-31(a)(2) might be construed as being
in conflict with the City Charter, and because the City Charter is the organic law of the City and
supersedes any conflicting provisions of the City Code, the City Attorney has recommended to
the City Council that the wording of Code Section 2-31(a)(2) be amended to clarify that
executive session consultations with attorneys for the City regarding litigation or potential
litigation must be limited to the discussion of specific legal questions; and
WHEREAS, the City Council agrees with this recommendation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 2.31(a)(2) of the Code of the City of Fort Collins is hereby
amended to read as follows:
(2) Meetings with the City Attorney or other attorneys representing the City
regarding specific legal questions related to litigation or potential litigation involving the
Packet Pg. 56
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City and/or the manner in which particular policies, practices or regulations of the City
may be affected by existing or proposed provisions of federal, state or local law.
. . .
Introduced, considered favorably on first reading, and ordered published this 18th day of
February, A.D. 2014, and to be presented for final passage on the 4th day of March, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 4th day of March, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 57
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY February 18, 2014
City Council
STAFF
Steven Catanach, Light & Power Operations Manager
SUBJECT
First Reading of Ordinance No. 027, 2014, Approving Revisions to the Fort Collins Utilities' Electric
Construction Policies, Practices, and Procedures.
EXECUTIVE SUMMARY
The purpose of this item is to adopt the revised Electric Construction Policies, Practices, and Procedures
(ECPPP). The ECPPP provides definition to developers and contractors related to the construction of electrical
facilities.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The ECPPP establishes rules for developers and contractors in the construction of electric facilities. The last
revision of these rules was approved in 2002 (Ordinance No. 083, 2002). This version did not include vital
metering requirements and standard construction drawings. The current additions to the rules document
current practices of the Light & Power utility; it is important to have these requirements formally included and
documented in the approved ECPPP document. Out-of-date references to industry codes and standards are
updated in the current revision. Confusing definitions of terms have also been reworded to clarify. These
modifications will help developers/contractors understand the City’s requirements as well as local electric
construction industry and our internal employees.
PUBLIC OUTREACH
Light & Power held a “feedback forum” for external stakeholders (i.e. electric construction contractors and
electricians) on November 18, 2013. Invitations were sent to approximately 266 individuals and businesses.
Additionally, the draft revisions were posted on the City Web site prior to the forum to allow stakeholders to
gain familiarity with the changes. There were no attendees at the forum nor any comments from the website.
Packet Pg. 58
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ORDINANCE NO. 027, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING REVISIONS TO THE FORT COLLINS UTILITIES’
ELECTRIC CONSTRUCTION POLICIES, PRACTICES AND PROCEDURES
WHEREAS, Section 26-463 of the City Code requires that rules and regulations
applicable to electric service provided by the City, and persons receiving such electric service,
shall be adopted by the Utilities General Manager and approved by ordinance of the City
Council; and
WHEREAS, the Electric Construction Policies, Practices and Procedures were last
revised in 2002 and approved by City Council Ordinance No. 083, 2002; and
WHEREAS, the Electric Construction Policies, Practices and Procedures provide rules
and guidelines for the installation of electric service to new development, redevelopment and
remodeling; and
WHEREAS, the Utilities General Manager has recommended that changes be made to
the Electric Construction Policies, Practices and Procedures in order to clarify existing
provisions and to reflect current operating practices and terminology; and
WHEREAS, in 2013, Utilities held a public forum to review the Electric Construction
Policies, Practices and Procedures with community stakeholders, and all Electric Construction
Policies, Practices and Procedures, dated August 29, 2013, attached hereto as Exhibit “A” and
incorporated herein by this reference (the “Policies”) incorporate suggestions received from the
public and stakeholders; and
WHEREAS, the City Council desires to adopt the recommended updated Policies.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Policies are hereby approved and shall govern as policies governing all
development, redevelopment and remodeling pertaining to construction of electric service in the
City of Fort Collins.
Packet Pg. 59
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Introduced and considered favorably on first reading, and ordered published this 18th day
of February, A.D. 2014, and to be presented for final passage on the 4th day of March, A.D.
2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading this 4th day of March, A.D. 2014.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Packet Pg. 60
Electric Construction Policies,
Practices, and Procedures
Ordinance No. 027, 2014
Utilities Customer Service Office
117 N. Mason Street
Fort Collins, CO 80524
Phone: (970) 212-2900
Fort Collins Utilities
700 Wood Street
P.O. Box 580
Fort Collins, CO 80522
Phone: (970) 221-6700
Fax: (970) 221-6619
E-mail: utilities@fcgov.com
Web: www.fcgov.com/utilities
Publish Date: August 29, 2013
EXHIBIT A
Packet Pg. 61
Attachment1: Exhibit A (Electric Construction Policies-Ordinance)
1
Table of Contents
Fort Collins Utilities Electric Construction Policies, Practices and Procedures
1. Authority for Regulations ............................................................................ 3
2. Application of Policy .................................................................................... 3
3. Underground Construction Required ........................................................ 3
4. Costs ............................................................................................................... 3
4.1. New Development and Redevelopment ................................................................................ 3
4.2. Modifications to Capacity ..................................................................................................... 4
5. Residential Service Construction ................................................................ 4
5.1. Single Occupancy (single residence) ..................................................................................... 4
5.2. Multiple Occupancy (apartments)........................................................................................ 5
5.3. Mobile Home Parks ............................................................................................................... 5
6. Project Development Plan ........................................................................... 5
7. Commercial Service Construction .............................................................. 5
7.1. General .................................................................................................................................... 5
8. Metering ......................................................................................................... 6
8.1. Meter Locations and Clearances .......................................................................................... 6
8.2. Self-Contained Meter Sockets ............................................................................................... 7
8.3. Current Transformer (CT) Metering .................................................................................. 9
8.4. Mobile Home Parks – Meter Pedestals .............................................................................. 12
8.5. Commercial Meter Pedestals .............................................................................................. 13
8.6. Cold Sequence Metering ..................................................................................................... 13
9. Construction Coordination Sequence ....................................................... 14
9.1. General .................................................................................................................................. 14
9.2. Prerequisite to Construction ............................................................................................... 14
9.3. Street Crossing Option ........................................................................................................ 14
9.4. Trenching Option ................................................................................................................. 15
9.5. Joint Use Construction ........................................................................................................ 15
10. Relocation of Facilities from Vacated Easement ..................................... 15
11. Temporary Service ..................................................................................... 15
12. Working Adjacent To Overhead Lines .................................................... 16
13. Locate Policy ............................................................................................... 16
14. Contractor Access to Energized Transformer Compartments .............. 16
Packet Pg. 62
Attachment1: Exhibit A (Electric Construction Policies-Ordinance)
2
15. Other Rules and Regulations ..................................................................... 16
16. Design Drawings ......................................................................................... 16
16.1. Design drawings. .............................................................................................................. 16
16.2. Modifications: ................................................................................................................... 17
16.3. Appeals: ............................................................................................................................. 17
Glossary ............................................................................................................. 18
Packet Pg. 63
Attachment1: Exhibit A (Electric Construction Policies-Ordinance)
3
City of Fort Collins Utilities
Electric Construction Policies, Practices and Procedures
1. Authority for Regulations
This policy, and the regulations it implements, are authorized by Section 26- 463 of the Code
of the City of Fort Collins, and shall be available for public review at the Fort Collins Utility
Service Center and the Office of the City Clerk of the City of Fort Collins.
2. Application of Policy
This policy applies to all construction, new development, redevelopment or remodeling.
3. Underground Construction Required
All electric utility lines and line extensions shall be underground in accordance with the
requirements of the "Electric Service Rules and Regulations." Permanent buildings or structures
shall not be located directly over underground electric utility facilities unless approved by
Utilities Executive Director.
4. Costs
4.1. New Development and Redevelopment
Cost estimates from preliminary plats will be furnished on request to developers for
planning purposes (based on average electric costs developed by the Fort Collins
Utilities (hereinafter called the Utilities) from previously completed projects).
Developers will receive a firm price for the underground electric system for a
subdivision, mobile home park or project development plan after providing the Utilities
with:
1. one copy of the final approved subdivision plat, and
2. the number, size and location of points-of-service at which electric service is
requested.
When the developer requests the actual construction of the project be started, a payment
of fifty percent of the quoted firm price will be required. This partial payment need only
be paid on the portion of the underground electric system which is to be constructed and
not necessarily on the whole subdivision project, provided that such portion is suitable
for partial electric service. Quoted firm prices will include off-site facilities, primaries
and streetlights. The owner will be charged for electric services not paid for by the
developer.
The underground electrical system will be installed in two phases:
1. Phase one includes the installation of the primary conduit, transformer vaults,
primary conductor and customer service provisions from the transformer vault to
the nearest lot corner or on-site transformer. Upon completion of this phase of
the project, the final payment of the quoted firm price becomes due and payable.
The electrical system will be energized following receipt of payment of all
project fees and charges.
2. Phase two includes the installation of the customer's service to the lot corner or
on-site transformer or meter socket. Service will be installed upon mutual
agreement, as to point of-service and meter location. A separate charge will be
made for the service prior to installation.
Packet Pg. 64
Attachment1: Exhibit A (Electric Construction Policies-Ordinance)
4
Modifications to the development plans requiring field changes in the electric system
and unforeseen construction obstacles such as frost and rocky soil conditions will be
charged on a change order basis and will be coordinated with the developer prior to
proceeding with the work.
4.2. Modifications to Capacity
For remodeling or other modifications where the customer's electric panel capacity is
increased and where development charges have not previously been paid, development
charges (off-site facilities, primary and streetlights) are applicable to the increased
capacity on a prorated basis. All charges for on-site costs are applicable per the Line
Extension Policy of the "Electric Service Rules and Regulations".
5. Residential Service Construction
This section of the policy applies to new subdivided areas where curb (except for radius
sections) and grading have been completed but where gas and telephone utilities and paving have
not been installed (see Section 9 - Construction Coordination Sequence).
Unless capacity demand is substantially higher than normal as determined by the Utilities
Executive Director or his or her designee, residential service construction must utilize a single
phase primary system complete with transformer vaults and transformers designed to convert the
primary system voltage to the standard residential voltage of 120/240 volts, three wire single-
phase, including the three wire electric service to the meter location. For detailed metering
equipment and location information, reference Section 8 – Metering. The electric facilities will
generally be installed underground behind the curb or sidewalk with a minimum cover of 30
inches, and will generally be completely at or below grade utilizing front lot line construction.
Streetlighting will be installed in accordance with the City of Fort Collins design criteria and
standards for streets.
.
5.1. Single Occupancy (single residence)
5.1.1. Before electric service is installed, the meter socket (furnished by the owner) shall be
installed and the meter socket installation must be approved by the Building
Inspection Department.
5.1.2. A rigid non-metallic conduit attached from the socket to a point 24 inches below
finished grade, must be provided. The conduit size shall be as specified by the
Utilities and shall not be less than 2 inches inside diameter. See drawing ECPPP-1
for more details.
5.1.3. The Utilities will furnish and install the service conductors to the meter socket.
5.1.4. The Utilities will install, own and maintain all underground service wires, buses and
electrical devices up to and including provisions for connection of the customer's
service wires; such connection provision will be generally located within the
confines of the meter socket enclosure.
5.1.5. All construction and maintenance on the customer side of any provision for customer
service wire connection including the making of such service connections shall be
done by someone other than the Utilities.
5.1.6. The secondary electric service fee is to be paid at the time the building permit is
issued.
Packet Pg. 65
Attachment1: Exhibit A (Electric Construction Policies-Ordinance)
5
5.2. Multiple Occupancy (apartments)
5.2.1. Where service is provided to individual customers located in a structure designed for
multiple occupancy, meters shall be grouped for service from a single circuit
secondary service.
5.2.2. The location shall be on the exterior for multiple occupancy, unless otherwise
approved by the Utilities.
5.2.3. The owner shall furnish and install UL approved meter sockets and rigid
(non-metallic) service entrance conduit to a point 24 inches below finished grade.
The service conduit shall be not less than 2-1/2 inches inside diameter or as specified
by the Utilities.
5.2.4. The owner shall also provide a one-inch conduit from the transformer to an
accessible point inside the building near the meter installation for future use by the
Utilities.
5.2.5. At the option of the Utilities, the owner may be required to furnish and install
specified service conductors to the transformer terminals.
5.2.6. Service conductor size and insulation shall be as approved or specified by the
Utilities.
5.2.7. Trenches for secondary services to apartment complexes that are 8-plexes and larger
shall be inspected by Building Inspection.
5.3. Mobile Home Parks
5.3.1. Electric facilities will generally be installed on rear lot lines (unless otherwise
approved by the Utilities) to ganged meter sockets with breakers, and will be
installed and billed with the first phase of construction. Single-position utility meter
pedestals may also be used provided they adhere to the same sections as applies to
ganged meter sockets (Sections 5.3 and 8.4).
5.3.2. Meter sockets with breakers shall be furnished, installed and maintained by the
owners. Meter sockets and breakers shall be Utilities-approved devices (see Section 8
– Metering).
5.3.3. A 2-inch rigid non-metallic utility service conduit (or conduits as required) from the
meter sockets with a cover of 24 inches (± 6 inches) from finished grade, using a 24
inch radius 90-degree bend is to be installed by the owner and approved by the
building inspector.
5.3.4. If the meter sockets are not building mounted, a manufactured meter pedestal that
meets requirements in Section 8.4 shall be utilized.
6. Project Development Plan
The applicable service rules as described under the residential and commercial construction
headings apply.
7. Commercial Service Construction
7.1. General
7.1.1. Commercial service construction will be considered on an individual basis depending
upon size, type and characteristics of the load requirement.
7.1.2. The Utilities will endeavor to provide special service voltages and/or connections
when a Utilities-approved document is presented, provided that such document or
documents accurately and completely describe the owner's load and desired entrance
needs.
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7.1.3. Service requirements, construction costs and payment terms will be provided on
request. Early contact with the Utilities during the planning stages is essential. The
Utilities will not be obligated to provide special service voltages if planning has not
been coordinated with the Utilities.
7.1.4. Entrance requirements including location, number of phases, voltage, amperage per
meter, number of meters, and underground or overhead must be determined with the
Utilities at an early date (also see Section 8 – Metering).
7.1.5. Typically, the Utilities will provide these services:
Single phase 3 wire 120/240 volt,
Single phase 3 wire 208Y/120 volt,
Three phase 208Y/120 volt 4 wire service, or
Three phase 480Y/277 volt 4 wire service.
Other service voltages or types must be approved by the Utilities.
7.1.6. Padmounted transformers that serve commercial services shall adhere to location
clearance and work access requirements displayed in design drawings ECPPP-3,
ECPPP-5, ECPPP-6,ECPPP-7, and ECPPP-8 (see Section 16 – Design Drawings).
7.1.7. Because of planned underground service facilities and requirements to convert
overhead lines to underground, the location or characteristics of existing or prior
electric service facilities will not determine the location or service characteristics of a
new or modified electric service entrance.
7.1.8. Except when the Utilities determines that underground is not feasible, services will
be installed underground.
7.1.9. The owner will be required to furnish, install and maintain all circuits and equipment
on the customer side of the point of delivery.
7.1.10. On three phase commercial services there is a limit to the number of cables per phase
that the customer may install. For installations utilizing a 12 conductor set screw
connector on each bushing, no cable shall exceed 500 kcmil in size and no service
shall exceed 48 cables (i.e. 12 cables/bushing). For installations utilizing two-hole
crimp on lug connectors that bolt onto the 10-hole spade, no service shall exceed 40
cables (i.e. 10 cables/bushing).
7.1.11. For detailed metering equipment requirements and location information, reference
Section 8 – Metering.
7.1.12. Streetlighting will be installed in accordance with the City of Fort Collins' design
criteria and standards for streets.
8. Metering
8.1. Meter Locations and Clearances
8.1.1. The location of meters and metering equipment will be approved by Fort Collins
Utilities where they will be readily accessible at all times for reading, testing,
inspecting, and other maintenance purposes. The meter must be located for easy
reading and access by the Utilities on a side wall of the structure as close to the street
side of the structure as possible and shall not be in an enclosed or fenced area of the
property.
8.1.2. Outdoor meters will not be installed where they will interfere with traffic, sidewalks,
driveways, or where they will obstruct the opening of doors or windows, or in any
location that may be considered hazardous or cause damage to the metering
equipment.
8.1.2.1. Where service is supplied to individual customers located in a structure
designed for multiple occupancy, the individual outdoor meters will be grouped at
a point nearest the service attachment and must be as specified in the excerpts
from Article 370 of the National Electrical Code.
8.1.2.2. The mounting heights for multiple meter stacks will be no lower than 36
inches from final grade to the center of the lowest meters and will be no higher
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than 72 inches from grade to the center of the highest meters. Any variation from
these mounting heights requires prior approval from the Fort Collins Utilities
Electric Meter Shop.
8.1.3. Indoor meter installations are not acceptable without express written consent of Fort
Collins Utilities Electric Meter Shop.
8.1.4. Meter sockets will be plumb and securely fastened to the building wall (at framing
members).
8.1.5. Meter sockets will be installed 60 to 72 inches above finished grade or permanent
platform.
8.1.6. Meter sockets must NOT be installed under projections lower than six feet to allow
for reading and maintenance of equipment.
8.1.7. A minimum of three feet of clear space must be left in front of the meter for reading
and maintenance of equipment.
8.1.8. A minimum of two feet of clear space measured from any part of the meter socket to
all conduits, pipe, walls, etc. must be maintained for servicing.
8.1.9. Electric meters and CT cabinets will be located at least three feet radially from gas
meter regulators.
8.1.10. The builder is required to install the electric meter socket(s) on the same side as the
electric service ‘stub’.
8.1.11. Builders are also encouraged to install the natural gas meter(s) on the opposite side of
the house from the electric service.
8.1.12. The electric service trench must be a minimum of 3 feet from the natural gas service
trench, and the electric and gas services shall not cross each other.
8.2. Self-Contained Meter Sockets
8.2.1. All meter sockets (residential and commercial), except in the case of CT metered
facilities, shall be purchased and installed by the electrical contractor from suppliers.
All commercial self-contained meter sockets shall be cold sequenced. Please see
Section 8.2.9 and 8.6 for more information on cold sequencing.
8.2.2. The owner of the facility or residence being served is responsible for the repair and
maintenance of the meter socket, including ganged meter sockets.
8.2.3. All self-contained meter sockets rated for 320 amps and below shall be wired by the
customer.
8.2.4. Fort Collins Utilities will wire CT meter sockets from CTs to the meter socket.
8.2.5. Meter sockets shall be furnished and installed by the owner or his agent as a
contribution in aid to construction on a non-refundable basis. All meter sockets,
meter stacks, and modular metering systems will be manufactured in accordance with
the latest revision of the following: ANSI C.12.7, ANSI/UL 414, and NEMA 250, as
well as all other applicable code and standards, with revisions and modifications as
contained in the specification. They shall be labeled according to their listing and
installed and used in accordance with their rating and labeling.
8.2.6. Fort Collins Utilities reserves the right not to energize an under-rated or unapproved
meter socket.
8.2.7. Damaged meter sockets shall be replaced and installed by the owner or his agent at
no expense to Fort Collins Utilities.
8.2.8. Residential (single and multiple occupancy) Meter Sockets
8.2.8.1. This section covers installations not exceeding 320 amps or 300 volts.
8.2.8.2. Residential meter sockets shall be UL-approved, 4- or 5-terminal sockets (5-
terminal required for 120/208 volt service) and be rated for a minimum of 100
amps.
8.2.8.3. Fort Collins Utilities will connect to the line side of the residential meter
socket.
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8.2.8.4. Each meter socket shall be plainly and permanently marked to indicate
which apartment or unit it supplies. The labeling shall be located or attached to
the exterior non-removable portion of the meter socket or at the individual meter
main disconnect. The marking shall be the same as the mailing address for each
unit. The owner or developer shall be responsible for electricity delivered through
unmarked, illegible or incorrectly labeled meter sockets. All expenses incurred by
the Utilities related to correcting improperly labeled meters will be billed to the
developer or owner whose responsibility it shall be to pay such expenses within
30 days of receipt of said billing.
8.2.9. Commercial Meter Sockets
8.2.9.1. This section describes requirements for commercial self-contained meter
sockets. In addition to the requirements in this section, installations not exceeding
320-amp meter socket rules in Section 8.2.8 – Residential Meter Sockets shall
apply. All installations exceeding 320 amps shall follow rules in Section 8.3 –
Current Transformer (CT) Metering Equipment.
8.2.9.2. All commercial self-contained meter sockets, single and three-phase, shall be
cold sequenced. For cold sequence metering requirements, see Section 8.6.
8.2.9.3. The owner or his agent shall install the meter socket (furnished by the
Utilities). The owner shall furnish a one-inch conduit from the meter socket to the
phone room and a one-inch conduit from the secondary side of the transformer to
an accessible point inside the building near the meter installation for future use by
the Utilities.
8.2.10. Electrical Ratings
8.2.10.1. All sockets/housings shall be rated 300 Volts or 600 Volts as detailed in
ANSI C.12.7.
8.2.10.2. All sockets/housings shall have a minimum 10,000 ampere AISC rating.
Installations other than single family residential and mobile home parks shall
contact the Electric Meter Shop for maximum available short-circuit current,
which shall determine whether a higher AISC rating is necessary.
8.2.10.3. Meter sockets shall accommodate a minimum #4/0 AWG service conductor.
8.2.11. Construction
8.2.11.1. All line side compartments shall accommodate Fort Collins Utilities’ seal
regardless of whether the compartment is designed to house a meter.
8.2.11.2. A temporary meter cover plate is required. No metallic material is
acceptable.
8.2.11.3. A flash shield is required for 277/480 Volt services.
8.2.11.4. All meter housings shall be outdoor weather-resistant type.
8.2.12. Covers
8.2.12.1. Each socket in a multi-socket stack shall have an individual cover and
sealing provision.
8.2.12.2. Only one-piece ringless covers are acceptable.
8.2.12.3. Covers shall be designed for sealing with a padlock type seal and removable
without removing any screws, bolts, or nuts.
8.2.12.4. Cover shall be designed to prevent removal of any portion without first
removing the seal.
8.2.13. Jaws and Terminal Block
8.2.13.1. Any tension springs shall be permanently captive.
8.2.13.2. Lugs/terminals shall be suitable for use with copper or aluminum conductors.
8.2.13.3. Lugs shall be hex-head type with captive bolts.
8.2.14. Requirements for the meter socket bypass are shown in Table 8-1 below:
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Table 8-1
Socket Application Bypass Type Based on Maximum
Continuous Ampacity Rating
Up to 200 Amps 320 Amps
Residential (Single Occupancy) Horn/Lever Lever
Single-Phase Meter Pedestal (including
Mobile Home)
Horn/Lever Lever
Commercial Meter Pedestal Lever Lever
Commercial Single-Phase Lever Lever
Commercial Three-Phase Lever Lever
Ganged (Multi-Unit Dwelling):
Main “house socket”
Socket feeding individual dwelling
Horn/Lever
Horn/Lever
Lever
8.3. Current Transformer (CT) Metering
8.3.1. General
8.3.1.1. For loads exceeding 320 Amps or 300 Volts, but less than 600 Volts, meter
sockets will be furnished by the Utilities and installed by the owner or his agent.
Metering will be instrument transformer rated, with instrument transformers
furnished by the Utilities. The owner or his agent shall furnish and install a one-
inch conduit from the meter socket to the instrument transformer location.
8.3.1.2. Instrument transformers and associated equipment such as enclosures, racks,
poles, cable, terminations, insulators, etc., for primary metering shall be at the
expense of the customer on a non-refundable basis. The owner or his agent shall
install the meter socket (furnished by the Utilities), and shall furnish and install a
one-inch conduit from the meter socket to the instrument transformer location.
The owner shall furnish a one-inch conduit from the meter socket to the phone
room and a one-inch conduit from the secondary side of the transformer to an
accessible point inside the building near the meter installation for future use by
the Utilities. If the meter socket is located more than 50 feet in one direction from
the location of the instrument transformers, contact Electric Meter Shop for
approval.
8.3.1.3. Each meter socket and panel shall be plainly and permanently marked to
indicate which unit it supplies. The labeling shall be located or attached to the
exterior non-removable portion of the meter socket or at the individual meter
main disconnect. The marking is to be the same as the mailing address for each
unit. The owner or developer will be responsible for electricity delivered through
unmarked, illegible or incorrectly labeled meter sockets. All expenses incurred by
the Utilities related to correcting improperly labeled meters will be billed to the
developer or owner, whose responsibility it shall be to pay such expenses within
30 days of receipt of said billing.
8.3.1.4. Current transformers (CTs) are required if load (main size) is over 320 amps.
CT and meter socket location must be approved by Fort Collins Utilities before
installation. Under no circumstances will CTs or PTs be installed on secondary
overhead lines, in padmounted transformers or inside gutters, raceways, or
enclosures not designated for instrument transformers. Contact Electric Project
Engineering with any questions on suitable locations. All CTs will be furnished
by Fort Collins Utilities for installation by the customer. All CT’s, except in
primary metering instances, are owned and maintained by Fort Collins Utilities.
When CTs are to be mounted in the customer’s switchgear, dimensions of the
cross section of bus where CTs are to be installed shall be submitted to the Fort
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Collins Utilities Electric Meter Shop for proper CT sizing. CTs are not allowed in
any transformers.
8.3.1.5. In the event that CTs are mounted on buss bars, in customer switchgear or
CT cabinets, the customer will provide a suitable terminal for a #12 copper wire
on the neutral (and on each phase conductor in the case of window-type rather
than bar-type CTs). Such terminals may consist of any appropriate lug or a #10
screw type terminal.
8.3.1.6. All CT rated installations shall have a conduit from the electric meter socket
to the customers’ phone room which will be installed by the builder.
8.3.1.7. Any exception to the CT-metering practices outlined above or below will
require the approval of Fort Collins Utilities Electric Meter Shop prior to
installation.
8.3.2. CT Cabinet Requirements - General
8.3.2.1. Where CT cabinets are required, they will be furnished and installed on the
outside of an exterior wall by the customer.
8.3.2.2. The size of the cabinet shall allow a minimum bending space in accordance
with Section 312 of the National Electric Code. For minimum dimensions of all
types of CT cabinets and types of CTs, reference Tables 8-2, 8-3, 8-4, and 8-5
below.
Table 8-2: Single Phase 120/240V
Table 8-3: 3 Phase 4 Wire 120/208V
(or 240V)
Amps Height Width Depth
CT
Type Amps Height Width Depth
CT
Type
400 18 24 9 B 400 30 30 9 B
600 40 24 9 B 600 40 30 9 B
800 48 30 11 B/W 800 48 30 11 B/W
12001 60 33 13 W 1200 48 33 11 W
1600 60 33 13 W 1600 60 33 11 W
148x48x12 may also be used 2000 60 39 15 W
3000 75 39 24 W
Table 8-4: 3 Phase 4 Wire 277/480V Table 8-5: 3 Phase 4 Wire 277/480V with
(PT's mounted inside CT Compartment) integral PT mounting provisions
Amps Height Width Depth
CT
Type Amps Height Width Depth
CT
Type
400 40 30 9 B 400 48 36 15 B
600 48 30 11 B 600 48 36 15 B
800 48 36 11 B/W 800 48 36 15 B/W
1200 60 33 11 W 1200 60 51 24 W
1600 60 39 15 W 1600 75 63 24 W
2000 75 39 24 W 2000 75 63 24 W
3000 90 39 24 W 3000 75 63 24 W
Tables Notes:
1. CT Type – Bar (B) or Window (W). When ordering a cabinet for window-type CTs, the customer is required to
supply bars and mounting brackets.
2. All dimensions are listed in inches.
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8.3.2.3. CT cabinets shall be rated and factory labeled “NEMA 3R”. They shall also
be UL listed as Instrument Transformer or CT Enclosure.
8.3.2.4. CT cabinets shall be rated 600 volts maximum and shall have a grounding lug.
8.3.2.5. The CT cabinet shall have hinged door(s). CT cabinet doors shall be supplied
with a hasp to accept a Fort Collins Utilities padlock (5/16” diameter shackle).
All raceways and compartments ahead of the entrance shall also be sealable.
8.3.2.6. CT cabinets shall incorporate a provision (lug or terminal) for bonding line
and load side service neutrals together and to the cabinet. This termination shall
also include a terminal for connecting #12 AWG solid or stranded copper wire to
the neutral conductor within the enclosure for the purpose of providing a
secondary neutral for the meter.
8.3.2.7. CT cabinets shall be installed immediately adjacent to the associated meter
socket(s). A minimum clearance will be provided in front of the CT cabinet to
fully open the door and have at least three feet of working space. A minimum
clearance from finished grade to bottom of the CT cabinet shall be no less than 12
inches. The installation height of the CTs and/or PTs shall be between 24 inches
minimum and 72 inches maximum measured from the center of the CTs to
finished grade.
8.3.2.8. The phase arrangement on a 3-phase installation shall be A, B, C left-to-
right, top-to-bottom when viewed from the front of the switchgear, except for a 3-
phase, 4-wire delta system in accordance with 2011 NEC® Article 408.3(E)
Exception, or as may be amended. The high-leg of a 3-phase, 4-wire delta system
shall be installed in the right-hand phase position for vertical bus or the bottom
phase position for horizontal bus in the switchgear CT compartment.
8.3.2.9. CTs must be installed with the white dot (H-1) facing the line side (towards
the transformer). Any variance from these requirements must have approval of
the Electric Meter Shop.
8.3.2.10. Installations of 800 amp rating and below shall have mounting provisions for
an ABB Type CMF bar-type CT or ABB type CMV urn style CT. If urn type used
then a minimum 12" length removable bus section and CT support angles shall be
provided. The removable bus section shall have an enclosed screw type
compression terminal to accommodate a minimum #12 AWG metering potential
conductor.
8.3.2.11. Installations from 1000 to 4000 amp rating shall have a minimum 12" length
removable bus section and CT support angles which will accommodate an ABB
Type CLC window-type CT. The removable bus section shall have an enclosed
screw type compression terminal to accommodate a minimum #12 AWG
metering potential conductor.
8.3.2.12. Split core or clamp-on CTs for utility metering purposes are expressly
prohibited.
8.3.3. Wall Mounted CT Cabinet Requirements
8.3.3.1. In addition to the General CT Cabinet Requirements wall mounted CT
cabinets shall meet the requirements in this section.
8.3.3.2. 277/480V services greater than 320 amps may require Potential
Transformers (PTs). A CT cabinet with integral PT mounting provisions is the
preferred equipment (See table 8-5 for minimum dimensions). External PT
enclosures are not allowed. If the CT cabinet does not have integral PT mounting
provisions, it must be upsized to permit mounting of the PTs within the same
compartment as the CTs (See table 8-4 for minimum dimensions). An
unobstructed space, 8x8x23 inches (minimum) must be maintained at the top or
bottom of the CT compartment for PT mounting. PT mounting height must not
exceed 6 feet. No electrical conductors may be in front of PTs.
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8.3.4. Switchgear Mounted CT Cabinet Requirements
8.3.4.1. In addition to the General CT Cabinet Requirements switchgear mounted CT
cabinets shall meet the requirements in this section.
8.3.4.2. A metering neutral lug, which will accommodate one #12 AWG solid
through two #10 AWG stranded wires for the metering neutral conductors, shall
be available near the front of the CT compartment so that it can be safely accessed
even if the switchgear is energized.
8.3.4.3. All instrument transformer compartments shall have barriers between all
adjacent areas. All panels providing access to unmetered conductors shall have
fasteners that cannot be removed from the exterior.
8.3.4.4. 277/480V switchgear shall be manufactured with factory-installed provisions
for unobstructed mounting of PTs inside the same compartment as CTs.
8.3.5. Service Connection Cabinets
8.3.5.1. In addition to the General CT Cabinet Requirements service connection
cabinets shall meet the requirements in this section
8.3.5.2. Single point services to multiple buildings may be metered with a pad-
mounted service connection cabinet with or without customer disconnect switch.
The use of a service connection cabinet with a customer disconnect switch
provides the ability for the customer to de-energize their own service for
equipment maintenance without calling the Utilities to schedule an outage. It also
allows the metering and service disconnect to be located at a point that is
mutually advantageous to both the customer and the Utilities.
8.3.5.3. All buildings shall be served from the same transformer.
8.3.5.4. The maximum metered load shall not exceed 4000 amps.
8.3.5.5. Installations of 800 amps and less shall have mounting provisions for an
ABB Type CMF bar-type CT.
8.3.5.6. Installations from 1000 to 4000 amp rating shall have a minimum 12" length
removable bus section and CT support angles which will accommodate an ABB
Type CLC window-type CT. The removable bus section shall have an enclosed
screw type compression terminal to accommodate a minimum #12 AWG
metering potential conductor.
8.3.5.7. The customer shall install the pad and padmounted secondary connection
cabinet.
8.3.6. CT Wiring and Communications Conduit
8.3.6.1. In all CT metering cases, the customer will furnish and install a minimum 1
inch conduit between the meter socket and the CT location for use by Fort Collins
Utilities. Fort Collins Utilities will install and terminate conductors from the CT
secondary to the meter socket using customer-furnished conduit. The customer
will not install any conductors in this conduit. The maximum distance (total
length of conduit run) will be 50 feet with no more than three 90-degree bends in
a single pull section. If distance exceeds 50 feet, contact Electric Meter Shop for
approval.
8.3.6.2. In all commercial CT metering cases the customer will also furnish and
install a minimum ¾ inch conduit between the meter socket and the main phone
room in the facility.
8.4. Mobile Home Parks – Meter Pedestals
8.4.1. This section covers mobile home park installations utilizing single position and
ganged meter pedestals.
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8.4.2. All permanent meter pedestals shall be a manufactured product for electric metering
purposes. For temporary electric services refer to Section 11 – Temporary Service.
8.4.3. All manufactured meter pedestals shall be NEMA Type 3R rainproof construction
and UL listed.
8.4.4. Meter pedestals shall meet all requirements listed in Section 8.2 – Self Contained
Meter Sockets, excluding requirements listed in Section 8.2.9 – Commercial Meter
Sockets.
8.4.5. Meter pedestals shall have three separate isolated sections for metering equipment,
utility terminations, and customer equipment.
8.4.6. Meter sockets shall be rated for a minimum of 100 amps.
8.4.7. The mounting height from the bottom of the meter to ultimate final grade should be
36 inches.
8.4.8. Each meter position shall be plainly and permanently marked to indicate which unit
it supplies. The marking is to be the same as the mailing address for each unit. The
owner or developer will be responsible for electricity delivered through unmarked or
incorrectly labeled meter sockets.
8.4.9. Expenses incurred by the Utilities related to correcting improperly labeled meters
will be billed to the developer or owner, whose responsibility it shall be to pay such
expenses within 30 days of receipt of said billing.
8.4.10. All wiring from the customer side of the meter is to be installed, owned and
maintained by the owner. The point of delivery shall be the source side terminals of
the meter socket.
8.4.11. The Utilities will install, own, operate and maintain circuits and equipment up to the
point of delivery.
8.4.12. The Utilities shall have Utilities -sealed access to the meter socket.
8.4.13. The customer shall own, maintain and operate all breakers, receptacles and other
devices on the customer side of the point of delivery.
8.5. Commercial Meter Pedestals
8.5.1. This section covers meter pedestals in commercial applications that shall be rated for
a minimum of 100 amps but no more than 320 amps.
8.5.2. All commercial meter pedestals shall adhere to requirements in Section 8.4 with
additional requirements as follows:
8.5.2.1. Pedestal shall have a lever bypass.
8.5.2.2. Pedestal material shall be constructed of stainless steel.
8.5.3. Any exception to the meter pedestal requirements outlined above will require the
approval of Fort Collins Utilities Electric Meter Shop prior to installation.
8.6. Cold Sequence Metering
8.6.1. This section covers the requirements for installations with line-side disconnects (i.e.
cold sequence metering).
8.6.2. The cold sequence disconnect shall be furnished, owned, and maintained by the
customer.
8.6.3. Cold sequence disconnects shall be installed on the same wall directly ahead of and
within 24 inches of the electric meter.
8.6.4. Cold sequence disconnects shall contain provisions for a Utility wire seal for the
cover and a Utility padlock in the operating handle “Off” position. Wire seals are
used to secure the enclosure from unauthorized entry and to allow the customer
emergency access only. The padlock will only be used to lock disconnects in the off
position for services that are shut off.
8.6.5. Cold sequence disconnects shall not be used as the service disconnecting means and
shall not be operated by the customer except for emergency conditions.
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8.6.6. As stated in NEC Article 230.82, the cold sequence disconnect shall be capable of
interrupting the load served. The ampere rating of the cold sequence disconnect shall
not exceed the amp rating of the meter socket.
8.6.7. Acceptable cold sequence disconnects include a fusible load-make/load-break safety
or pullout switch with fault current-limiting fuses ahead of each individual meter.
Current-limiting fuses shall be selected to limit faults to 10,000 symmetrical RMS
amps at the meter. A fault-current-limiting breaker may be utilized provided that a
fault current analysis report performed and signed by a registered professional
engineer is submitted and approved by Fort Collins Utilities Electric Meter Shop.
Fault current calculations in report shall be based on worst case utility electric system
and transformer impedance.
9. Construction Coordination Sequence
9.1. General
9.1.1. Construction coordination and scheduling is the responsibility of the developer and
owner/builder. To ensure maximum economy in construction, the sequence of
installation of utilities, streets, driveways, sidewalks, etc., must be coordinated with
the Utilities.
9.1.2. Increased construction costs incurred by the Utilities due to the lack of economic
scheduling or construction coordination will be charged to the developer or
owner/builder.
9.1.3. In general, underground utilities should be installed from deepest to shallowest, i.e.
the deepest utility should be installed first, the second deepest second, etc.
9.1.4. The underground utility installation sequence diagram included herein illustrates the
typical construction plan and profile, along with typical developer and owner/builder
sequence steps. This diagram is provided as a guide to assist the developer and the
owner/builder. Actual construction sequences must be coordinated with the Utilities
on a project by project basis.
9.1.5. Changes or additions to the electric system due to development deviations will be
made at the expense of the developer or owner. A development deviation is any
variation from the prescribed sequence of development that increases the cost of
construction for the Utilities.
9.2. Prerequisite to Construction
9.2.1. The developer shall grant easements for the installation of the Utilities’ facilities.
9.2.2. All lot corners pertaining to the underground system must be staked and all final
grading on the service lines and easements completed before work will be started.
Curb (except for radius sections), gutter and final grade, adjacent to and 15 feet from
the property side of the curb, must be completed prior to the installation of the
electric facilities.
9.2.3. Concrete curb and sidewalks must be cured a minimum of 7 days to prevent damage
thereto.
9.3. Street Crossing Option
9.3.1. Upon the approval of the Utilities, a developer may install conduits at street
crossings. This option expedites the development process when street paving is
scheduled before the underground electrical system can be installed.
9.3.2. The Utilities will specify the locations of such crossings and provide all materials to
the developer.
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Attachment1: Exhibit A (Electric Construction Policies-Ordinance)
15
9.3.3. All crossings must be inspected and approved by the Utilities. A credit will be issued
to the developer in the amount of the net savings realized by the Utilities due to the
developer's installation of the conduits.
9.3.4. The developer/owner/agent is responsible for the cost and repair or replacement of
damaged or unusable conduit in street crossings provided for installation of electric
and joint use facilities.
9.4. Trenching Option
9.4.1. At the discretion of the Utilities, the developer or owner may be required to furnish
all necessary trenches, excavations and backfills to meet the requirements established
by the Utilities for the underground electric system. A credit will be given based on
trenching costs to the Utilities in average soils.
9.4.2. All trenches dug by the developer or owner will be inspected and approved by the
Utilities prior to the installation of conduits and conductors. The Utilities will, in
these cases, approve the backfill material and installation. If the excavated material
contains rock, the developer will be required to supply proper backfilling material.
9.4.3. It is the developer or owner's responsibility to coordinate all work, including the
inspection of trenches and backfill. The Utilities reserves the right to test compaction
or depth at the cost of the developer or owner.
9.5. Joint Use Construction
9.5.1. In cases where the electric trench is to be used for the installation of communications
or other utility facilities, plans shall be made with the Utilities for inclusion in the
final electrical design prior to the developer's request for scheduling and a minimum
of two weeks prior to the date that electric construction is to begin.
9.5.2. The initial planning, coordination and implementation of a joint use agreement with
the Utilities shall be the responsibility of the developer, owner and or third party
utility desiring joint use trench.
9.5.3. The Utilities will not offer joint use to those who have not completed the
coordination of their planning with the joint use parties.
9.5.4. Joint use costs will be charged to the owner/developer or third party utility to recover
engineering service, construction, installation of facilities, maintenance and
administrative costs.
10. Relocation of Facilities from Vacated Easement
In the case where an easement has been granted and electric distribution facilities have been
installed, the parties seeking to have such easement changed shall pay the Utilities the actual cost
for relocation of the Utilities’ electric distribution facilities and shall provide the necessary
alternative rights-of-way.
11. Temporary Service
11.1. Any temporary electric service lines required by the developer for construction
purposes before the underground system is completed shall be at the expense of the
developer and consistent with the provisions in the City of Fort Collins Electric
Service Rules and Regulations.
11.2. At the option of the Utilities, the developer will be billed for the actual or estimated
cost of construction, plus estimated retirement costs. There will be no charge for
recoverable materials.
11.3. For residential construction only, a 50-amp temporary power pedestal will be
provided to the developer consistent with the requirements in drawing ECPPP – 2.
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Attachment1: Exhibit A (Electric Construction Policies-Ordinance)
16
12. Working Adjacent To Overhead Lines
12.1. Any person, customer, business, or other party working within ten (10) feet of
overhead power lines carrying more than 600 volts shall provide 72 hours notice to
the Utilities of such work.
12.2. The Utilities shall coordinate the efforts to cover up or in some manner to make such
lines safe for the work or activity.
12.3. The customer, person, business or party shall pay all costs associated with making
such lines safe.
12.4. Failure to notify the Utilities 72 hours in advance of any activity within 10 feet of
overhead lines, shall relieve the Utilities of all responsibility or liability for accidents,
injuries or damages arising through or from such activities.
13. Locate Policy
Please refer to the Electric Services Rules and Regulations, as adopted and approved by
the City Council.
14. Contractor Access to Energized Transformer Compartments
14.1. The Utilities will provide access to energized transformer compartments at the
request of a licensed electrical contractor or electrician. No such access will be
allowed until the Utilities and contractor/electrician have executed an agreement
specifying the responsibilities of each party.
14.2. The contractor/electrician must take every reasonable measure to ensure that public
health, safety and welfare is protected while access to the transformer has been
granted.
15. Other Rules and Regulations
Where other published rules of the Utilities do not conflict with the above, they are
applicable. These policies are intended to supplement and not alter the Electric Service Rules and
Regulations. If a conflict does occur, the Electric Service Rules and Regulations apply.
16. Design Drawings
16.1. Design drawings identified in Sections 16.1.1 – 16.1.9 are attached as appendices to
this document and marked with the identified title. Each section describes the
requirements included in the drawing. These design drawings are intended to either
visually enhance requirements already discussed or to establish requirements that are
referenced in earlier sections of the Electric Construction Policies, Practices, and
Procedures.
16.1.1. ECPPP-1 shows requirements for an underground service meter installation.
16.1.2. ECPPP-2 shows requirements for temporary electric service installations.
16.1.3. ECPPP-3 shows clearance requirements for padmounted transformers from
buildings, windows, doors, etc.
16.1.4. ECPPP-5 shows clearance requirements for padmounted transformers from
combustible walls, fire-resistant barriers, etc.
16.1.5. ECPPP-6 shows clearance requirements for padmounted transformers from fire
escape doors, decorative combustible enclosures, etc.
16.1.6. ECPPP-7 shows clearance requirements for oil filled equipment from aesthetic
screening enclosures.
16.1.7. ECPPP-8.1 and ECPPP-8.2 show access and work clearance requirements for vaults
and padmounted equipment.
16.1.8. ECPPP-9 shows the underground utility installation sequence with attached sidewalk.
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Attachment1: Exhibit A (Electric Construction Policies-Ordinance)
17
16.1.9. ECPPP-10 shows the underground utility installation sequence with detached
sidewalk.
16.2. Modifications:
Whenever there are practical difficulties involved in carrying out the requirements
described in the design drawings referenced at Section 16 of the Electric Construction
Policies, Practices and Procedures, a Utilities official shall have the authority to grant
modifications for individual cases, upon application of the developer, provided such
Utilities official finds that the proposed design plan is in compliance with the intent and
purpose of the Electric Construction Policies, Practices and Procedures and that such
modification does not lessen health, accessibility, life and fire safety, or reliability. The
details of action granting or denying modification requests shall be recorded and entered
in the utilities department files.
16.3. Appeals:
The Utilities Executive Director is authorized to hear and decide appeals of decisions
made by the Utilities official relative to the application and interpretation of the
requirements contained in the design drawings referenced at Section 16 of the Electric
Construction Policies, Practices and Procedures. When a developer desires relief from a
decision of the Utilities official, such developer may appeal the decision to the Utilities
Executive Director stating that such decision by the Utilities official was based on
erroneous interpretation of the requirements contained in the design drawings referenced
at Section 16 of the Electric Construction Policies, Practices and Procedures. Such
appeal must be filed in writing with the Utilities Executive Director within ten days of
the developer’s receipt of notice that the Utilities facilities official has denied the
developer’s modification request. The Utilities Executive Director is authorized to rule
in favor of the developer when the Utilities Executive Director determines that the
interpretation of the applicable requirements was erroneous or when the Utilities
Executive Director determines an alternative design or plan is equivalent to the
requirements prescribed by the applicable design standard considering effectiveness, fire
resistance, durability, safety, health and reliability.
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Attachment1: Exhibit A (Electric Construction Policies-Ordinance)
18
Glossary
Building Site Charges - Charges for installing electric service lines from the street to the
residential meter or commercial transformer. Off site facilities (kVa load) charge, primary service
charge, and secondary service charge are collectively referred to as "building site charges."
Cold Sequence Disconnect – A disconnect installed on the line side of the metering
equipment capable of interrupting the load served.
Commercial service construction – Any service used primarily for the operation of a
business or, regardless of use or purpose, requiring over 200 amps or three phase is a commercial
or industrial service.
Development Charges - Charges for providing primary electric service to the lot corner of
the site, including the cost of streetlight construction. Off site facilities, primary charge and
streetlight charge are collectively referred to as "development charges."
Excavation - Any operation in which earth is moved or removed by means of any tools,
equipment or explosives and includes, but is not limited to, auguring, backfilling, ditching,
drilling, grading, plowing-in, pulling-in, ripping, scraping, trenching and tunneling.
Off Site Facilities - Delivers electric power from main substations to subdivisions and load
areas.
Off Site Facilities Charge - Cost to bring primary electric power from main substations to
subdivisions and load areas.
Point of Delivery - That point beyond which the customer is responsible for installation,
maintenance and field locating of electrical equipment. Except as otherwise specified in these
Electric Construction Policies, Practices and Procedures, the point of delivery for residential
construction applications is the source side of the electric meter socket termination lugs. For
commercial and industrial service applications, the point of delivery is the secondary lugs or
spades of the distribution transformer, or, if existing, it is the nearest junction box/vault installed
by Utilities serving the load at issue. For primary metered customers, the point of delivery is the
source-side terminations in customer-owned switchgear or as otherwise designated by Utilities.
Primary Charge - Cost to bring primary electric power at primary voltage from the
subdivision boundary to the internal loads in the subdivision.
Primary Electric Service - All cable, enclosures, switches and associated apparatus
necessary to provide primary service to the transformers or primary bus from the primary feeder.
Primary Feeder - Delivers electric power at primary voltage to the subdivision or individual
load from the off site facilities.
Primary Service Charge - Cost to bring primary voltage electric cable to pad mounted
transformers or building vaults on customer's premises.
Redevelopment - New construction on a site on which development charges have not
previously been paid, or as determined by the Utilities.
Residential service construction- Any single phase service for the exclusive use of the
individual customer for domestic purposes. Any service application requiring over 200 amps, or
three phase, regardless of purpose, is a commercial or industrial service.
Secondary Electric Service - Electric distribution service cables of 600 volts and below
from the transformer to the customer's metering point.
Secondary Service Charge - Cost to bring electric distribution service cables of 600 volts
and below from the transformer to the customer's metering point.
Streetlight Charge - The charge for the installation of new streetlights. Streetlights are
installed in accordance with the City of Fort Collins' Design Criteria and Standards for Streets.
UL - Underwriters' Laboratories, Inc.
Utilities - The City of Fort Collins Utilities (the Utilities).
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Attachment1: Exhibit A (Electric Construction Policies-Ordinance)
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY February 18, 2014
City Council
STAFF
Jon Haukaas, Water Engr Field Operations Mgr
SUBJECT
First Reading of Ordinance No. 028, 2014, Amending Chapter 26 of the City Code to Clarify the Application of
Wastewater Rates to Certain Residential Services.
EXECUTIVE SUMMARY
The purpose of this item is to revise the City Code concerning the classification of wastewater users
and to revise rates for wastewater service charges during the period of construction.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City Code currently states that wastewater service charges are not applicable during the initial
construction period. This provision dates from an earlier practice when water meters were not set
until just before the Certificate of Occupancy (CO) was issued and all water service during the
construction period was billed as a fixed amount on the building permit, regardless of the length of
construction. Ordinance No. 138, 2011 eliminated unmetered construction water rates for all services
greater than 1-inch and initiated a monthly water charge for ¾-inch and 1-inch water services.
Construction sites requiring the larger meters do not receive water service until the meter is set, at
which time it is also appropriate to start billing for wastewater service. However, many of the larger
services are needed for multifamily construction and the characteristics of the wastewater during the
construction period are more like commercial than multifamily until the CO is issued. The multi-family
wastewater rate, which includes a fixed charge for each dwelling unit, would not appropriate during
construction. The Ordinance is intended to resolve these inconsistencies.
The proposed Code changes are as follows:
Delete the Code provision that states wastewater service charges are not applicable during
construction.
Insert a provision that monthly wastewater service rates will commence when the water meter
is installed.
Clarify that wastewater services billed on the flat wastewater rate for single family and duplex
customers with a well or cistern in lieu of metered water service will commence when the
certificate of occupancy is issued.
State that Wastewater user Category D: Minor Residential User applies to multifamily buildings
during the construction period prior to the issuance of the certificate of occupancy.
Packet Pg. 90
Agenda Item 8
Item # 8 Page 2
FINANCIAL / ECONOMIC IMPACT
Wastewater charges will be charged earlier in during the construction process to more accurately
reflect the level of service provided. The proposed changes do not significantly impact Wastewater
revenues.
ENVIRONMENTAL IMPACTS
This change should not have environmental impacts.
BOARD / COMMISSION RECOMMENDATION
Staff discussed this issue with the Water Board Chair. It was agreed that this is an operational issue
that does not rise to the Policy level for the Water Board to review.
PUBLIC OUTREACH
All charges are explained to the owners and contractors when permits are issued.
Packet Pg. 91
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ORDINANCE NO. 028, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS
TO CLARIFY THE APPLICATION OF WASTEWATER RATES
TO CERTAIN RESIDENTIAL SERVICES
WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the
City Charter to fix, establish, maintain and provide for the collection of such rates, fees or
charges for utility services furnished by the City as will produce revenues sufficient to pay the
costs, expenses and other obligations of the wastewater utility, as set forth therein; and
WHEREAS, City Code Section 26-277 requires that the City Manager analyze the
operating and financial records of the wastewater utility during each calendar year and
recommend to the City Council the user rate fees or adjustments to be in effect for the following
year; and
WHEREAS, City Code Section 26-277 further requires that the user rates be revised as
necessary to assure equity of the rate system established and to assure that sufficient funds are
obtained to adequately operate and maintain the wastewater system; and
WHEREAS, the City Code does not currently specify the wastewater rates applicable to
multi-family residential units during the time they are under construction; and
WHEREAS, the City Manager has recommended that the City Council amend Chapter
26 of the City Code to specify that the rates applicable to minor nonresidential users apply to
multi-family units until a certificate of occupancy has been issued for the units; and
WHEREAS, the City Council has determined that it desires to enact the recommended
rate as specified.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 26-278(4) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-278. Classification of users.
. . .
(4) Category D: Minor nonresidential user. A minor nonresidential user is a user who
discharges only wastes of a type and strength normally discharged by private residences.
Category D shall also apply to multi-family residential units under construction during the period
of service from the installation of the water meter to the date the certificate of occupancy is
issued. All nonresidential users not subject to the provisions of Categories C, E and F shall be
classed as minor nonresidential users in Category D.
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. . .
Section 2. That Section 26-279(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-279. Service charges; categories.
. . .
(b) Service charges are not applicable during the original construction period of the building or
structure to be served. At the time a certificate of occupancy is issued for the building or
structure, the charges will begin to be assessed and will continue until the water service is
disconnected.For wastewater services with metered water service, monthly service charges shall
commence at the time the water meter is installed and continue until the water service is
disconnected. For single family and duplex flat wastewater services, monthly service charges
shall commence at the time the certificate of occupancy is issued for the building or structure and
continue until the sewer service is disconnected from the City’s system.
. . .
Section 3. That Section 26-280 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-280. Service charges established by category.
The schedule of rates for each category described in § 26-279 shall be as follows:
Category Class of
Customer
Rate
A Single-family
residential user
(flat rate)
$33.74 per month
Single-family
residential user
(metered water
use)
$15.07 per month plus $2.929 per 1,000
gallons of either winter quarter water use or
3,000 gallons, whichever is greater. For
single- family customers who have not
established a winter quarter water use at the
service address, a system average of 4,800
gallons per month shall be billed.
B Duplex (two-
family)
residential users
(flat rate)
$52.68 per month
Duplex (two-
family)
residential users
(metered water
use)
$19.52 per month plus $2.929 per 1,000
gallons of either winter quarter water use or
4,000 gallons, whichever is greater. For
duplex customers who have not established a
winter quarter water use at the service
address, a system average 7,200 gallons shall
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be billed.
C Multi-family
residential user
(more than two
dwelling units
including mobile
home parks) and
winter quarter
based
nonresidential
user
$2.929 per 1,000 gallons of winter quarter
water use, plus a base charge of $2.30 per
month per dwelling unit served. For multi-
family customers who have not established a
winter quarter water use at the service
address, a system average of 3,400 gallons
per living unit shall be billed. However,
Category D rates will apply to multi-family
residential units under construction during
the period of service from the installation of
the water meter to the date the certificate of
occupancy is issued.
D Minor
nonresidential
user
$2.929 per 1,000 gallons of water use,
measured sewage flow or winter quarter
water use, whichever is applicable, plus the
following applicable base charge:
Size of water meter (inches) Base charge
¾ or smaller $ 8.46
1 19.52
1½ 39.28
2 67.21
3 107.38
4 169.59
6 743.42
8 858.38
E and F Intermediate
nonresidential
user and
Significant
industrial user
$2.929 per 1,000 gallons of water use,
measured wastewater flow or winter quarter
water use, whichever is applicable; plus a
surcharge of $3.029 per million gallons for
each milligram per liter of suspended solids
in excess of 235 milligrams per liter; plus a
surcharge of $2.523 per million gallons for
each milligram per liter of BOD in excess of
265 milligrams per liter or a surcharge of
$1.593 per million gallons for each
milligram per liter of COD in excess of 400
milligrams per liter, or a surcharge of $4.716
per million gallons for each milligram per
liter of TOC in excess of 130 milligrams per
liter, whichever is applicable. The user shall
- 4 -
Size of water meter (inches) Base charge
¾ or smaller $ 8.46
1 19.52
1½ 39.28
2 67.21
3 107.38
4 169.59
6 743.42
8 858.38
G User outside
City limits
The rate for users outside the City limits
shall be the same as for like service inside
the City limits as is specified in Categories
A—F and H in this Section
H Special with
agreement
The rate pursuant to a special wastewater
services agreement approved by the City
Council pursuant to § 26-290 shall be set
forth in said agreement.
Section 4. That the amendments to Chapter 26 of the City Code contained herein
shall go into effect for all wastewater service provided after the effective date of this Ordinance.
Introduced and considered favorably on first reading, and ordered published this 18th day
of February, A.D. 2014, and to be presented for final passage on the 4th day of March, A.D.
2014.
______________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 4th day of March, A.D. 2014.
______________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY February 18, 2014
City Council
STAFF
Craig Foreman, Director of Park Planning & Development
SUBJECT
Resolution 2014-011 Supporting the Grant Application for a Paths to Parks Trail Grant from the State Board of
Great Outdoors Colorado for the Fossil Creek Trail from College Avenue to Shields Street.
EXECUTIVE SUMMARY
The City is applying for a Great Outdoors Colorado Path to Parks Trail Grant. Staff is preparing an application
for the Fossil Creek Trail from College Avenue to Shields Street project for this grant cycle. Great Outdoors
Colorado requires a City Resolution acknowledging the application intent to be submitted as part of the grant
package.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution
BACKGROUND / DISCUSSION
Great Outdoors Colorado provides grant opportunities for eligible government agencies. The City has been
successful in the past in obtaining numerous park, trail and open space grants. Great Outdoors Colorado
presently has available a Paths to Parks Trail grant. This grant is for trail projects with a maximum grant
amount of $1,000,000.
Citizen responses in the 2013 Paved Recreational Trail Master Plan listed the Fossil Creek Trail from College
Avenue to Shields Street segment as one of the top three needed new trail projects.
The proposed project would complete a major connection of the Fossil Creek Trail from College Avenue to
Shields Street. The project involves 1.25 miles of new concrete trail and an underpass of the Burlington
Northern Santa Fe railroad. The trail will connect to the existing Fossil Creek Trail just west of College Avenue
and terminate at the existing trail on the east side of Shields Street. The project is estimated to cost about
$1,500,000. The layout of the trail has been discussed with appropriate City staff and area residents. Design
of the project has reached the final phase for the trail and underpass. Construction of the project will begin in
2015. The grant will have a three year completion timeframe.
FINANCIAL / ECONOMIC IMPACT
Capital funding for the construction of the project will be budgeted in the Conservation Trust Fund budget in
years 2015 and 2016. Obtaining this grant will offset trail funds allowing these funds to be applied to other trail
projects.
Operation and maintenance funding for the project will be about $10,000 per year and will be budgeted starting
in the 2016 Parks budget.
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Agenda Item 9
Item # 9 Page 2
ENVIRONMENTAL IMPACTS
The trail alignment across the Red Trail Grove Natural Area has been reviewed and approved by Natural
Areas staff.
BOARD / COMMISSION RECOMMENDATION
The trail location has been reviewed by the Parks and Recreation Board and the Land Conservation and
Stewardship Board during trail updates presented to the Boards in recent years. Most recently the Boards
reviewed this trail, and others, during their review of the 2013 Paved Recreational Trail Master Plan.
PUBLIC OUTREACH
The 2008 Parks and Recreation Policy Plan included an opportunity for the community to review a map
showing future trails including the Fossil Creek Trail segment from College Avenue to Shields Street. The 2013
Paved Recreational Trail Master Plan included this proposed trail segment in information presented to the
community for their review.
ATTACHMENTS
1. Location Map (PDF)
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COLLINDALE GOLF COURSE
FOSSIL CREEK COMMUNITY PARK
SOUTHRIDGE GOLF COURSE
SOUTHRIDGE GOLF COURSE
WARREN PARK
TROUTMAN PARK
RIDGEVIEW PARK
MIRAMONT PARK
LANDINGS PARK GOLDEN MEADOWS PARK
WATER'S WAY PARK
HOMESTEAD PARK
S LEMAY AVE
S SHIELDS ST
S COLLEGE AVE
E TRILBY RD
CARPENTER RD
E HARMONY RD
S MASON ST
W TRILBY RD
W HARMONY RD
B
O
A
RD
W
ALK
D
R
J
O
H
N F
KEN
N
E
D
Y P
K
W
Y
S TIMBERLINE RD S COUNTY ROAD 11
S TIMBERLINE RD
FOSSIL CREEK TRAIL ±
GOCO GRANT APPLICATION
PROJECT
LOCATION
Legend
Paved Trail
Park
City Limits
Natural Area
Feb. 2014
ATTACHMENT 1 Packet Pg. 98
Attachment9.1: Location Map (Great Outdoors Colorado Fossil Creek Trail grant application)
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RESOLUTION 2014-011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUPPORTING THE GRANT APPLICATION FOR A PATHS TO PARKS
TRAIL GRANT FROM THE STATE BOARD OF GREAT OUTDOORS COLORADO
FOR THE FOSSIL CREEK TRAIL FROM COLLEGE AVENUE TO SHIELDS STREET
WHEREAS, the City’s Park Planning and Development Department is applying for a
Paths to Parks Trail Grant from the State Board of Great Outdoors Colorado (GOCO) in the
amount of $1,000,000 for funding for the connection of the Fossil Creek Trail from College
Avenue to Shields Street (the “Project”); and
WHEREAS, the maximum grant amount that can be awarded is $1,000,000, and the
estimated cost of the Project is $1,500,000; and
WHEREAS, as part of its grant application process, GOCO requires that the governing
body of any entity applying for grant funds pass a resolution to show that it is aware of and
supports the application, and recognizes the financial and other obligations the grant creates; and
WHEREAS, such resolution is to include an acknowledgement of the applicant’s
obligation to provide matching funds, a statement verifying ownership of the real property
necessary for the Project, and a commitment to maintain the Project in the future; and
WHEREAS, the City intends to budget matching funds for the Project in the
Conservation Trust Fund budget in years 2015 and 2016; and
WHEREAS, the Project is to be built on property either owned by the City or on long-
term easements that have been acquired by the City for trail purposes; and
WHEREAS, the estimated annual cost of maintenance for the Project is $10,000; and
WHEREAS, should the City receive a GOCO grant for the Project and complete the
Project as planned, the City intends to maintain the Project in high quality condition, subject to
the annual appropriation by the City Council of funds sufficient and intended for such purpose,
in the City Council’s discretion; and
WHEREAS, should the City receive a GOCO grant for the Project, staff will ask the City
Council, by a separate resolution, to authorize the City to enter into a Grant Agreement with
GOCO.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, that in light of the forgoing, the City Council hereby supports the City’s
application for a GOCO Paths to Parks Trails grant in the amount of $1,000,000 for the Fossil
Creek Trail Project.
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Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
18th day of February, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY February 18, 2014
City Council
STAFF
Kathleen Lane, Municipal Judge
SUBJECT
Resolution 2014-012 Approving Revised Costs and Fees for Fort Collins Municipal Court.
EXECUTIVE SUMMARY
The purpose of this item is to revise certain costs and fees assessed by the Fort Collins Municipal Court. Costs
and fees are assessed in addition to fines or other penalties. According to the City Charter, these costs and
fees are enacted by Council, upon recommendation of the Judge. Various costs and fees have been approved
by resolution over the years. At this time, Judge Lane recommends making some changes: increasing the
Court Cost from $25 to $35 to help cover increased Court security costs, revising the Appeal Fee amount to
include a lesser amount for appeals from a Municipal Court Referee to the Municipal Judge on a parking or
civil infraction case, and deleting the Continuance Fee.
STAFF RECOMMENDATION
Staff recommends adoption of this Resolution.
BACKGROUND / DISCUSSION
A detailed description of the City’s court costs and fees follows, including references to state statutes and
rules, where applicable. All costs and fees are included, even if no change is proposed, in order to maintain an
up-to-date list of all Municipal Court costs and fees. This list was last revised by Resolution 2010-001.
Cost or Fee Amount When Applicable Status
Appeal Fee
$25.00 - $200.00
deposit;
$3.00/transcript page
assessed
When appeal is filed (cost of preparing
record or transcript of proceedings must
be paid in advance)
Section 13-10-116, C.R.S.; Rule 237(b),
Colorado Municipal Court Rules
(C.M.C.R.); Rule 37(a), Colorado Rules
of Criminal Procedure.
Changed from $200 to range
of $25-$200 due to lower fee
assessed in some appeals of
Municipal Court Referee
rulings.
Collection Fee $30.00
When defendant does not appear or pay
and the case is referred to a collection
agency; applies in lieu of compact,
default, or outstanding judgment and
warrant fee; does not apply to Camera
Radar/Red Light cases per state statute
restrictions
No change
Compact Fee $30.00
When defendant (with out-of-state
driver’s license) does not appear on a
traffic case
No change
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Agenda Item 10
Item # 10 Page 2
Cost or Fee Amount When Applicable Status
Continuance
Fee
$10.00
When defendant postpones the
arraignment on a case more than once
Deleted; no longer used.
Instead, additional
postponements are carefully
screened to ensure
appropriateness of delay
Court Cost $35.00
When defendant enters a plea of guilty,
no contest, or liable after arraignment,
including deferred judgment cases, or is
found guilty/liable at trial or by default
Increased from $25.00
Default
Judgment Fee
$30.00
When defendant (with Colorado driver’s
license) does not appear on a traffic case
Per Section 42-2-118(3)(c), C.R.S., half
of this fee is remitted to the Colorado
Department of Revenue by the Court.
No change
Deferral Cost $50.00
When defendant accepts a deferred
judgment or deferred prosecution
disposition
No change
Did Not Appear
Fee
$25.00
When defendant does not appear on or
before a scheduled hearing date/time
No change
Did Not Comply
Fee
$25.00
When defendant fails to comply with
condition(s) relating to an amended
charge, deferred, or suspended penalty
No change
Did Not Pay Fee $25.00
When defendant does not pay or appear
by the payment due date
No change
Jury Fee $25.00
When adult defendant files a jury
demand in a misdemeanor case
Section 13-10-114(4), C.R.S.; Rule 223,
C.M.C.R.
No change
Outstanding
Judgment and
Warrant Fee
$30.00
Agenda Item 10
Item # 10 Page 3
In misdemeanor cases, defendants have the option of filing a Petition for Indigence to request that the Court
waive costs and fees (not fines) due to their financial situation. Those petitions are reviewed by the Judge
using the “Income Eligibility Guidelines” adopted by the Colorado Supreme Court and used by the County and
District Courts.
The costs and fees listed above are consistent with and, in some cases, slightly higher than those assessed by
other Colorado Municipal Courts, according to information we have received from those Courts.
Under the proposed Resolution, the revised costs and fees would become effective immediately.
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- 1 -
RESOLUTION 2014-012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING REVISED COSTS AND FEES
FOR FORT COLLINS MUNICIPAL COURT
WHEREAS, Section 1 of Article VII of the City Charter provides that rules of procedure,
costs and fees for the Fort Collins Municipal Court shall be enacted by the City Council upon
recommendation of the Municipal Judge; and
WHEREAS, Municipal Judge Kathleen M. Lane has recommended an increase or other
revision in certain costs and fees for cases in Municipal Court; and
WHEREAS, the City Council believes that the adoption of the revised costs and fees is in
the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the following costs and fees are hereby adopted and shall be
imposed, when applicable, in all cases filed in the Fort Collins Municipal Court and parking and
civil violations, unless such cost is specifically waived by the Judge or Referee:
Appeal Fee $25.00 - $200.00 deposit;
$3.00/pg for transcript
Collection Fee $30.00
Compact Fee $30.00
Court Cost $35.00
Default Judgment Fee $30.00
Deferral Cost $50.00
Did Not Appear Fee $25.00
Did Not Comply Fee $25.00
Did Not Pay Fee $25.00
Jury Fee $25.00
Outstanding Judgment and Warrant Fee $30.00
Parking Boot Fee $50.00
Payment Plan Fee $25.00
Packet Pg. 104
- 2 -
Personal Service Cost Actual cost of service
Returned Check Fee $25.00
Traffic Calming Surcharge See City Code
Warrant Fee $50.00
Witness Fee $5.00
Section 2. That the costs and fees adopted herein shall take effect immediately.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
18th day of February, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 105
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY February 18, 2014
City Council
STAFF
Jill Stilwell, Cultural Services and Facilities Director
SUBJECT
Resolution 2014-013 Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund
Grant Disbursements.
EXECUTIVE SUMMARY
The purpose of this item is to adopt the recommendations of the Cultural Resources Board to disburse Fort
Fund grants to community events from the Cultural Development and Programming and Tourism Programming
Accounts.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The Fort Fund grant program, established in 1989, disburses funds from the City’s Cultural Development and
Programming Account and the Tourism Programming Account in accordance with the provisions of Section 25-
244 of the City Code, where 25% of the revenue from the lodging tax funds the Cultural Development and
Programming Account utilized to support cultural events. An additional 5% of revenue from lodging tax is
dedicated to the Tourism Programming Account that supports tourism events and activities. Local non-profit
organizations may apply to Fort Fund for cultural and/or tourism event support. The City Council appointed
Cultural Resources Board reviews grant applications based on approved guidelines and makes
recommendations for Fort Fund disbursements to City Council, pursuant to Ordinance No. 28, 1992 and
Section 2-203 (3) of the City Code.
Fort Fund grants support events that enrich the cultural life of the community, promote local heritage and
diversity, provide opportunities for cultural participation, help define Fort Collins as a cultural center and tourist
destination, have wide appeal for a significant part of the community, and promote the general welfare of the
City’s inhabitants.
Fort Fund consists of a three-tiered funding system:
Tier #1 was established as an annual programming tier for organizations whose primary purpose is to present
three or more public events annually. These groups may apply for funding from Tier #1 each April.
Tier #2 allows organizations that are not eligible for Tier #1 support to apply for funding of events. Applications
for support from Tier #2 are accepted each January and June.
The Cultural Innovation Tier #3 was established to further the goal of making Fort Collins a cultural center and
destination. The Cultural Innovation Tier #3 grants address a need in the cultural activity of Fort Collins,
perpetuate the Tourism Account by generating overnight stays in local hotels, and/or develop new arts,
Packet Pg. 106
Agenda Item 11
Item # 11 Page 2
cultural, or heritage tourism activities that have the potential to impact Fort Collins’ cultural and economic
growth. Organizations may apply for funding from the Cultural Innovation Tier #3 each April.
January 2014 Funding Session
At its January 29, 2014 regular meeting, the Cultural Resources Board reviewed applications submitted for Tier
#2. The Cultural Resources Board reviewed 25 Tier #2 applications with total requests equaling $81,280.
The following table summarizes the amount and sources of available funds in 2014:
FY 2014 AVAILABLE FUNDING
AMOUNT SOURCE
$215,973 FY 2014 Cultural Development and Programming Account (CDP)
$48,750 FY 2014 Tourism Programming Account (TP)
$83,719 Unanticipated Lodging Tax and Unspent Appropriations (CDP)
$8,977 Unanticipated Lodging Tax (TP)
$357,419 Total Funding Available for 2014
FUNDS ALLOCATED TO January 2014 FUNDING SESSION
$53,945 Amount from Cultural Development and Programming Account (CDP)
$200 Amount from Tourism Programming Account (TP)
54,145 Total amount allocated to January 2015 Session
15% % of Total FY2014 Funds allocated to January 2014 Session
The Cultural Resources Board scored each application using the Funding Criteria outlined in the Fort Fund
Guidelines (attachment 1) and discussed each application at the meeting. The Board discussion is outlined in
the January 29, 2014 draft minutes (attachment 2). The Board is recommending disbursement of $51,100
from the City’s Cultural Development and Programming Account and $200 from the Tourism Programming
Account, totaling $51,300 to 21 applicants as outlined in Exhibit A (attachment 3). The requests totaled
$81,280 and $53,945 was available. Of the total amount requested and considered, 63% is being
recommended for funding with available funds.
The following table summarizes the utilization of funds from all sources.
Recommended Funding % of Total Category
$51,100 94% Cultural Development and Programming Account
$200 1% Tourism Account
$2,645 5% Unallocated
$54,145 100.0% Funds Allocated to January 2014 Session
The $7,724 of unallocated funds will be carried forward to the next 2014 funding session.
FINANCIAL / ECONOMIC IMPACT
The Fort Fund grant program, established in 1989, disburses funds from the City’s Cultural Development and
Programming Account and Tourism Programming Account in accordance with the provisions of Section 25-244
of the City Code. This Resolution would distribute $51,100 from the Cultural Development and Programming
Account and $200 from the Tourism Programming Account to local non-profit organizations. Each organization
must match the grant amount. These funds were budgeted and appropriated in the 2014 budget.
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Agenda Item 11
Item # 11 Page 3
BOARD / COMMISSION RECOMMENDATION
The Cultural Resources Board (CRB) presents recommendations to City Council on events that should receive
funding and the amounts from the available Cultural Development and Programming Account and Tourism
Programming Account.
Exhibit A to Resolution 2014-013 presents the allocations recommended by the CRB to the City Council for
Tier #2.
ATTACHMENTS
1. Fort Fund Guidelines (PDF)
2. Cultural Resources Board Meeting Draft Minutes 1-29-14 (DOC)
Packet Pg. 108
The Cultural Development & Programming and Tourism Accounts (Fort Fund) is funded by an
allocation of the lodging tax revenues. Applications are reviewed by the Cultural Resources Board
of the City of Fort Collins and recommendations to fund events are submitted to the Fort Collins
City Council for final approval.
The objective of Fort Fund is to provide funds to foster, encourage, and promote 1) cultural
development and programming, and 2) economic and tourism development. The overarching
goal for Fort Fund is to serve as a catalyst in making Fort Collins a cultural center and
destination.
Fort Fund supports events that:
• Enrich the cultural life of the Fort Collins community
• Promote local heritage and diversity
• Provide opportunities for community members to participate in, create, learn from or
experience arts and culture
• Help to define Fort Collins as a destination for arts and culture
• Elevate the community and broaden perspectives
• Have wide appeal for a significant part of the community
• Promote the general welfare of the inhabitants of the City.
The following will not be considered for funding:
• Applications for funds solely to print brochures, magazines or promotional materials, or
for capital improvements.
• Any event in which the net proceeds or profit from the event is donated by the sponsor
to another organization and/or individual.
Funds will not be disbursed directly after each funding session. Organizations recommended for
grant monies by the Cultural Resources Board must first be approved by the City Council.
Packet Pg. 109
Attachment11.1: Fort Fund Guidelines (Fort Fund January 2014)
Funding Tiers & Application Deadlines
An organization and/or event may receive funding from one or more of the following three tiers
as described below. Specific application deadlines are listed immediately following each tier.
Requests must be for a minimum of $500. Funding is subject to the amount of available funds
per funding session. The Cultural Resources Board reserves the right to not fund an organization
if it does not fully meet the criteria.
Fort Fund will now only accept one application per organization per funding session.
Colorado State University organizations are required to submit their applications
through the Sponsored Programs Office.
All applications are to be submitted to the Lincoln Center Administration Office, 417
W. Magnolia, Fort Collins, CO, 80521 by 5p.m. on the date stated. Postmark does not
qualify. Please direct all questions regarding the application process to Gail Budner at
(970) 221-6737.
TIER # 1: Annual Programming Fund
Organizations are eligible to apply for funding from Tier #1 if they meet the following criteria:
1. The primary purpose of the organization is to present three or more different public
performances, events or exhibits per year.
2. The organization has proven annual program success for three previous years.
Organizations that meet the criteria may apply for up to $15,000 per year (July 1 - June 30). The
organization must submit a mission statement stating the organizations' officially accepted
primary purpose; provide evidence of having presented three or more performances, events, or
exhibits for three previous years; submit financial statements for the three most recently
completed fiscal years; provide a list of the organization's current Board of Directors, their
business/organizational affiliations, the date they were elected to the Board and their term limit
date; and submit a Tourism Impact form. Fort Fund will only accept one Tier #1 application per
organization per calendar year. Organizations that apply for this level of funding would have to
show that no more than 35% of their projected expenses are coming from Fort Fund.
Proposal Deadline for Tier #1: First Tuesday of April, 5:00 p.m.
Requests must be for a minimum of $500 and a maximum of $15,000
Request amount cannot exceed 35% of the total projected expenses
Packet Pg. 110
Attachment11.1: Fort Fund Guidelines (Fort Fund January 2014)
TIER # 2: Special Events Fund
Organizations that present event(s) may apply for up to $5,000 for a single event or series of
events per funding session. Events would have to be held within one year of the funding session.
Fort Fund will only accept one Tier #2 application per organization per funding session at which
Tier #2 applications are accepted. The organization must submit a financial statement from the
most recently completed fiscal year and submit a Tourism Impact form. Organizations funded
under Tier #1 could apply one time per calendar year for up to $5,000 under Tier 2, but the
event cannot also be funded under Tier 1. Organizations that apply for this level of funding would
have to show that no more than 50% of their projected expenses are coming from Fort Fund.
Proposal Deadline for Tier #2: First Tuesday of January, 5p.m.; First
Tuesday of June, 5p.m.
Requests must be for a minimum of $500 and a maximum of $5,000
Request amount cannot exceed 50% of the total event expenses
Cultural Innovation Fund (CIF) - Formerly Tier #4
Organizations are eligible to apply for up to $25,000 from the CIF if they seek funding for an
activity or event that will increase Fort Collins' identity as a cultural center and tourist destination.
The term 'activity' can mean event, projects, products, exhibits, festivals, programs, etc. and can
be in the area of arts, nature, heritage, recreation, science, and /or humanities. The event or
activity must meet the eligibility requirements and the strategies outlined below:
CIF Strategies: Proposals should address specific strategies to increase Fort Collins' identity as a
cultural center and tourism destination, resulting in at least one of the following benefits:
1. Address a need in the cultural activity of Fort Collins
2. Perpetuate the Tourism Fund by generating over night stays in local hotels
3. Develop new arts, cultural, or heritage tourism activities and products that have the
potential to impact Fort Collins cultural and economic growth.
These events or activities should enrich the cultural life available in the city because they will
serve as an attraction to visitors, represent new cultural offerings or can be described as unique,
innovative or inventive.
The organization must submit a mission statement stating the organizations' officially accepted
primary purpose; provide evidence of having been in existence for at least three years; submit
financial statements for the three most recently completed fiscal years; provide a list of current
Board members; and submit a Tourism Impact form. CIF applicants may also be required to
present an oral presentation to the Cultural Resources Board.
Packet Pg. 111
Attachment11.1: Fort Fund Guidelines (Fort Fund January 2014)
Fort Fund will only accept one CIF application per organization per calendar year. Request
amount cannot exceed 50% of the total activity expenses. Request amount requires a dollar-for-
dollar cash match. Neither in-kind contributions nor Fort Fund dollars from current or previous
grants may be used in calculating the organization's match. Activities funded under the CIF shall
not be simultaneously funded under Tiers #2 of Fort Fund. CIF funded activities can only apply
for a maximum of three years and must compete each time.
Proposal Deadline for the CIF: First Tuesday of April, 5:00p.m.
Requests must be for a minimum of $500 and a maximum of $25,000
Request amount cannot exceed 50% of the total activity expenses
All applications are to be submitted to the Lincoln Center Administration Office, 417
W. Magnolia, Fort Collins, CO, 80521 by 5p.m. on the date stated. Postmark does not
qualify. Please direct all questions regarding the application process to Gail Budner,
(970) 221-6737.
Packet Pg. 112
Attachment11.1: Fort Fund Guidelines (Fort Fund January 2014)
Eligibility Requirements
Organizations chartered in Colorado with IRS non-profit status may submit an application for
consideration. Written proof of this status must accompany all applications. All organizations that
fall under the same IRS non-profit tax status will be considered the same unit for funding.
• For all Tiers, Fort Fund will only accept one application per organization per funding
session. Colorado State University organizations are required to submit their
applications through the Sponsored Programs office.
• Applications must be submitted on the forms provided at www.fcgov.com/fortfund and
must arrive at the Lincoln Center administration office by the date/time listed as the
deadline. Postmarks are not valid. Late applications will not be reviewed.
• Events must be held in Fort Collins or in the Fort Collins Growth Management Area.
• Events must be open to the general public and efforts must be made to advertise and
make the public aware of the opportunity to attend and/or participate in the event.
• Events or activities must provide a direct public benefit of a reasonably general character
to a significant number of City residents.
• Events may occur no earlier than 45 days after the application deadline.
• Events funded under Tier #1 must be completed by June 30th of the year following the
date of funding. Events funded under Tier #2 must be completed within one year of the
date of the funding session. Events funded under the CIF must be completed within 18
months of the funding session.
• The applicant organization must be in good standing with the Fort Fund program. The
applicant must not be delinquent on any previous mid-year or final Fort Fund reports;
must have used the new Fort Fund logo on promotional materials; and must have listed
the funded event on the Fort Collins Convention and Visitors Bureau website calendar.
Organizations not in good standing will not be considered for funding for one calendar
year.
• Religious, sectarian or faith-based organizations may apply for funding, but only for
events which are secular (non-religious) in nature. Fort Fund money may not be used for
events that promote religion.
• Fort Fund does not consider applications for funds solely to print brochures, magazines
or promotional materials, or for general operating support or capital improvements.
Additional Eligibility Requirements for Tier #1 and the CIF:
• The organization must have and submit an officially adopted mission statement
expressing their primary purpose.
• The organization has been in existence for a minimum of three years, and provides
financial statements for the previous three completed fiscal years prior to the application
date.
• For Tier #1, the organization must show evidence of having presented three or more
performances, events, or exhibits for three previous years.
Packet Pg. 113
Attachment11.1: Fort Fund Guidelines (Fort Fund January 2014)
Criteria For Funding
The following criteria are used by the Cultural Resourced Board to evaluate applications that have
met all the eligibility requirements. Funding is based on how well an event or activity meets
these criteria. Funding is subject to the amount of available funds per funding session. The
Cultural Resources Board reserves the right to not fund an organization if it does not fully meet
the criteria.
Fort Fund supports events that:
1. Are of the highest quality;
2. Bring awareness of the arts to the local community;
3. Aspire to bring regional and national recognition to Fort Collins;
4. Are engaging and innovative and/or original;
5. Build a wide range of arts and culture offerings;
6. Raise arts and culture quality and participation to a new level;
7. Have an impact on the community economically, culturally or both;
8. Present strong evidence of leveraging other funding sources;
All applicants are required to submit the Tourism Impact form. The information provided on the
form will be reviewed as part of the application.
Packet Pg. 114
Attachment11.1: Fort Fund Guidelines (Fort Fund January 2014)
Grant Requirements
Organizations applying for Tier #1 funding cannot apply for more than 35% of their total
projected annual expenses. Organizations applying for funding from Tier #2 may request funding
for no more than 50% of the total projected expenses for any event. Organizations applying for
the CIF cannot apply for more than 50% of their total projected expenses.
• The amount requested under Tiers #1 and #2 must be matched with either cash or a
combination of cash and in-kind services. At least one-half of the matching funds must
be cash. For example, if an event is projected to cost $2,000, the amount requested from
Fort Fund may not exceed $1,000. A $1,000 request would have to be matched with
either $1,000 in projected cash revenues or at least $500 in cash and no more than $500
of in-kind services. The CIF requires the requested amount be matched dollar-for-dollar
in cash. Neither in-kind contributions nor Fort Fund dollars from current or previous
grants may be used in calculating the organization's match for the CIF.
• Contracts for services with the City of Fort Collins must be signed prior to the issuance of
funds.
• All funds must be used for direct costs of the event(s) within the time frame as required
by contract, or returned immediately to the Cultural Development and Programming
Account. If the event changes significantly, the Cultural Resources Board must be
notified in writing. Funding for the event may be re-evaluated at that time.
• Organizations that receive funding must recognize the support of the City. All publicity
and advertisements (including posters, programs, banners, flyers, newspaper ads and
postcards) of the funded event must include the City's Fort Fund logo. If there is no
printed material, a Fort Fund banner must be exhibited at the event. Organizations must
also list the funded event on the Fort Collins Convention and Visitors Bureau website
calendar at www.visitftcollins.com/events.
• Organizations funded under Tier #1 must submit a financial mid-year and annual report
by the date required in their contract. Organizations funded under Tier #2 and the CIF
must submit a written report within sixty (60) days of the completion of an event. These
reports, which evaluate estimated attendance, promotional materials, in-kind services,
actual cash expenses and actual revenues must be submitted to the Cultural Resources
Board through the Lincoln Center Administration Office. All reports must be signed by a
representative of the organization that receives funding, verifying their accuracy. Records
of the event need to be available for inspection upon request of the Cultural Resources
Board. If the financial reports are not completed as required by contract, your
organization's future funding may be effected. All organizations must provide a final
report for previously granted funds before the contract for any new funding will be
processed.
• A member of the Cultural Resources Board may be assigned to each event to act as a
liaison between funded organizations and the Board. If tickets are required for admission
to an event and are not extended to the liaison as a courtesy, tickets will be purchased
from the Cultural Development and Programming Account.
• If the activity or event changes significantly from what was proposed in the original
application, including date, location, or content, the organization must notify the Cultural
Resources Board in writing at 417 W. Magnolia St., Fort Collins, CO 80521. Funding, even
if already distributed, may be reevaluated at that time.
Packet Pg. 115
Attachment11.1: Fort Fund Guidelines (Fort Fund January 2014)
FORT FUND OVERVIEW
Fort Fund, the City of Fort Collins’ Cultural Development & Programming and Tourism
Accounts, is funded by an allocation of the lodging tax revenues collected within the city
limits of Fort Collins. Applications are reviewed three times a year by the City of Fort
Collins Cultural Resources Board and recommendations for funding are submitted to the
Fort Collins City Council for final approval.
The objective of Fort Fund is to foster, encourage, and promote cultural and/or tourism
activities in Fort Collins.
Fort Fund offers three tiers. Tiers 1 and 2 primarily fund events that are artistic, ethnic,
historic, educational or recreational in nature and reflect the values and traditions of Fort
Collins. Events of this type will have wide appeal for a significant part of the
community, thereby advancing the good of all. The resulting economic and noneconomic
benefits of these events will promote the general welfare of the inhabitants of
Fort Collins.
FORT FUND (FORMERLY TIER 4)
CULTURAL INNOVATION FUND
The Cultural Innovation Fund embodies the above, and is primarily focused on activities that will
increase Fort Collins’ identity as a cultural center and tourist destination. The term
“activity” can mean events, projects, products, exhibits, festivals, programs, etc. These activities
can be in the area of arts, nature, heritage, recreation, science, and/or humanities and shall be
designed to develop new arts, culture or heritage tourism activities and products that have the
potential to impact Fort Collins’ economic and cultural growth and perpetuate the Tourism Fund
by generating over night stays in the city’s hotels and lodges. These activities should enrich the
cultural life available in the city because they will serve as an attraction to visitors, represent new
cultural offerings or can be described as unique, innovative or inventive. The activities should be
designed to meet the strategies and criteria as listed below.
CIF ELIGIBILITY REQUIREMENTS:
1. The applicant organization must be a non-profit organization, or the governmental
equivalent. Written proof of this status must accompany all applications. All
organizations that fall under the same IRS non profit tax status will be considered the
same unit for funding.
2. The organization has an officially adopted mission statement expressing their
primary purpose.
3. The organization has been in existence for a minimum of three years.
4. The organization can provide financial statements for the previous three
completed fiscal years from their application date.
5. Activities funded under the CIF shall not be simultaneously funded under Tier 2
of Fort Fund.
6. Funding under the CIF shall be available for a maximum of three years to any one
activity and applicants must compete each time for funding.
7. Applicants must submit a completed Tourism Impact form with their application.
8. Activities must be held in Fort Collins or in such other location as will accomplish
the CIF strategies.
9. The activities may not commence prior to thirty days following the funding
session date (funding session is the fourth Wednesday of April).
Packet Pg. 116
Attachment11.1: Fort Fund Guidelines (Fort Fund January 2014)
10. Activities funded under the CIF must be completed within 18 months of the funding
session date (the fourth Wednesday of April).
11. Activities must benefit and be accessible and/or open to the general public.
12. Religious, sectarian or ‘faith-based’ organizations may apply for funding for
activities which are secular (non-religious) in nature. Fort Fund monies
may not be used to promote religion.
13. Activities must provide a direct public benefit of reasonably general character to a
significant number of Fort Collins’ residents and meet the strategies as outlined
below.
STRATEGIES:
Proposals should address specific strategies to increase Fort Collins’ identity as a
cultural center and tourism destination, resulting in at least two of the following
benefits:
1. Address a need in the cultural activity of Fort Collins
2. Perpetuate the Tourism Fund by generating over night stays in local hotels
3. Develop new arts, cultural, or heritage tourism activities and products that have
the potential to impact Fort Collins cultural and economic growth.
Fort Fund will not fund capital improvements or projects, or any activity in which the
net profit or proceeds from the activity is donated by the sponsor to another
organization and/or individual.
CIF GRANT REQUEST AMOUNT
• Maximum Request Amount: $25,000 (a higher amount may be considered)
• Minimum Request Amount: $500
• Funding is subject to the amount available per funding session. The Cultural
Resources Board reserves the right to not fund any organization if it does not
fully meet the criteria.
• Request amount cannot exceed 50% of the total activity expenses.
• Request amount requires a dollar-for-dollar cash match.
• In-kind contributions may not be used in calculating the organization’s match.
• Fort Fund monies, from current or previous funding sessions, may not be used in
calculating the organization’s match.
• Activities funded under the CIF cannot be simultaneously funded under Tier 2
of Fort fund.
• Funding under the CIF shall be available for a maximum of three years to any one
activity and applicants must compete each time for funding.
CIF APPLICATIONS DUE: First Tuesday of April by 5:00 p.m.
To the Lincoln Center Administration Office
417 West Magnolia Street, Fort Collins
LATE APPLICATIONS WILL NOT BE ACCEPTED
Packet Pg. 117
Attachment11.1: Fort Fund Guidelines (Fort Fund January 2014)
Notification of Award: The Cultural Resources Board will review applications on the
fourth Wednesday of April, provide a recommendation for funding to City Council, who
will then approve the recommendation at a regularly scheduled Council meeting in May.
Applicants will be notified by mail after the Council meeting.
GRANT AWARD REQUIREMENTS
• Contracts for services with the City of Fort Collins must be signed prior to the
issuance of funds. The funds must be spent on the activity within 18 months of the
funding session.
• All funds must be used for direct costs of the activity within the time frame as
required by contract, or returned immediately to the Cultural Development and
Programming Account.
• If the activity changes significantly, the Cultural Resources Board must be notified
in writing. Funding, even if already distributed to the organization, may be re-evaluated
at that time.
• Organizations that receive funding must recognize the support of the City. All
publicity and advertisement of the funded activity must include the Fort Fund
logo. Downloadable images are available on the Fort Fund website at
www.fcgov.com/fortfund and a Fort Fund banner to exhibit at the activity is available through
the Lincoln Center Administration Office. Organizations must also list the funded activity on
the Fort Collins Convention and Visitors Bureau website calendar at
www.visitftcollins.com/events.
• Organizations funded under the CIF must submit a written report within sixty (60)
days of the completion of an activity. These reports, which evaluate estimated
attendance, promotional materials, in-kind services, actual cash expenses and
actual revenues, must be submitted to the Cultural Resources Board through the
Lincoln Center Administration Office. All reports must be signed by a
representative of the organization that receives funding, verifying their accuracy.
Records of the activity need to be available for inspection upon request of the
Cultural Resources Board.
• A member of the Cultural Resources Board may be assigned to each organization
receiving a CIF Grant to act as liaison between funded organizations and the
Board. If tickets are required for admission to an activity and are not extended to the
liaison as a courtesy, tickets will be then purchased from the Cultural Development and
Programming Account.
Packet Pg. 118
Attachment11.1: Fort Fund Guidelines (Fort Fund January 2014)
Cultural Resources Board
Lincoln Center
417 W. Magnolia St
Fort Collins, CO 80521
970.221-6735
970.221-6373 – fax
.
CULTURAL RESOURCES BOARD MINUTES
Regular Meeting – Wednesday, January 29, 2014
5:00 p.m.
Lincoln Center, 419 W. Magnolia Street, Fort Collins, CO 80521
Council Liaison: Wade Troxell Staff Liaison: Jill Stilwell
Chairperson: Maggie Dennis Phone: 590-3790 (cell)
Vice-Chair: Chris Clemmer
A regular meeting of the Cultural Resources Board was held on Tuesday, January 29, 2014 at 5:00 p.m.
The following members were present:
Board Members present: Janet Gilligan, Maggie Dennis, Jesse Solomon
Francisco Gutierrez, Tedi Cox, Chris Clemmer
Board Members absent: none
Staff Members present: Jill Stilwell, Gail Budner
Guests Present: Katy Schneider, Visit Fort Collins
I. Call to Order: 5:09 p.m. - Ms. Dennis
II. Consideration of agenda: Item VI was moved to Item V
III. Consideration and approval of minutes from December 19, 2013.
Ms. Cox made a motion to accept the minutes as amended.
Ms. Gilligan seconded the motion.
The motion passed unanimously.
IV. Public input: None
V. Approval of 2013 Annual Report:
The Board reviewed a draft of the 2013 Annual Report.
Ms. Dennis motioned to accept the report as amended by Ms. Stilwell prior to submission.
Ms. Gilligan seconded the motion.
The motion passed unanimously.
VI. Fort Fund - Discussion and funding recommendations:
Prior to reviewing and awarding grant monies to the Fort Fund Tier 2 applicants, the Board
discussed the eligibility and the quality of the applications and the available budget for this
session. The Board then reviewed 25 applications and developed their recommendations for
funding as outlined below and on the attached spreadsheet. Ms. Dennis disclosed her conflict
of interest and recused herself from scoring and deliberating on the Poudre River Public
Library application.
Packet Pg. 119
Attachment11.2: Cultural Resources Board Meeting Draft Minutes 1-29-14 (Fort Fund January 2014)
ALZHEIMER’S ASSOCIATION: Memories in the Making Art Auction
Location and Date: The Hilton Fort Collins; May 20, 2014
Amount Requested: $5,000 Amount Recommended: $3,000
ARCINDA: Indonesian/Asian Showcase – Fort Collins 150th Anniversary
Location and Date: CSU or FC Museum of Discovery; June 1, 2014 or TBD
Amount Requested: $1,000 Amount Recommended: $0
CITY OF FORT COLLINS RECREATIONAL DEPT.: Kites in the Park Festival
Location and Date: Spring Canyon Community Park; April 27, 2014
Amount Requested: $4,200 Amount Recommended: $4,200
CSU – Department of Art: Drawing Festival & International Drawing Exchange
Location and Date: CSU Hatton Gallery/Carnegie Community Gallery/Elysium Gallery/Gallery
in Wales; June and October, 2014
Amount Requested: $5,000 Amount Recommended: $3,500
COLORADO BACH ENSEMBLE: Bach/Handle Festival 2014
Location and Date: CSU-UCA; June 6-14, 2014
Amount Requested: $5,000 Amount Recommended: $4,000
DISABLED RESOURCE SERVICES: Wine Fest 32
Location and Date: Hilton Fort Collins, March 21, 2014
Amount Requested: $1,500 Amount Recommended: $1,200
FORT COLLINS CHAMBER MUSIC SOCIETY: Out of the Concert Hall – 150 Years of FC
Location and Date: FC Museum of Discovery/Astoria/Equinox/Crankenstein’s; July 12 & 20 and
August 17 and 31, 2014
Amount Requested: $2,900 Amount Recommended: $2,900
FORT COLLINS WIND SYMPHONY: 2014 Concert Season
Location and Date: CSU-UCA; March 1 and May 3, 2014
Amount Requested: $1,350 Amount Recommended: $1,350
HIGH PERFORMANCE DANCE THEATRE: New Visions Dance Competition
Location and Date: Lincoln Center; March 14-15, 2014
Amount Requested: $2,000 Amount Recommended: $1,000
INTERNATIONAL KEYBOARD ODYSSIAD & FESTIVAL: International Festival, U.S.A.
Location and Date: Evangelical Covenant Church; July 20-24, 2014
Amount Requested: $5,000 Amount Recommended: $2,500
JUNIOR LEAGUE OF FORT COLLINS: 32nd Annual Terrace and Garden Tour
Location and Date: City Park Neighborhood; June 21, 2014
Amount Requested: $1,500 Amount Recommended: $1,350
LARIMER CHORALE: Singing for Seniors Summer 2014
Location and Date: Christ United Methodist Church/CSU-UCA; June through August, 2014
Amount Requested: $5,000 Amount Recommended: $5,000
Packet Pg. 120
Attachment11.2: Cultural Resources Board Meeting Draft Minutes 1-29-14 (Fort Fund January 2014)
LINCOLN CENTER SUPPORT LEAGUE: 2014 Children’s Summer
Series
Location and Date: Lincoln Center; June 11 - July 16, 2014
Amount Requested: $3,000 Amount Recommended: $2,500
MOUNTAINS & PLAINS INSTITUTE FOR LIFELONG LEARNING & SERVICE:
Road Scholar Chorus of the Rockies Concert
Location and Date: First United Methodist Church; September 20-28, 2014
Amount Requested: $2,000 Amount Recommended: $1,000
NOCO ARTISTS, INC.: NoCo Artists 2014 Spring Series
Location and Date: Center for Fine Art Photography/Community Creative Center;
March 29 and May 24, 2014
Amount Requested: $2,900 Amount Recommended: $0
NORTHERN COLORADO INTERTRIBAL POWWOW ASSOCIATION: 22nd Annual
Spring Contest Powwow and Indian Market
Location: Northside Aztlan Community Center, April 19-20, 2014
Amount Requested: $5,000 Amount Recommended: $5,000
NORTHERN COLORADO WEAVERS GUILD: Fiber Celebration
Location and Date: Lincoln Center; March 14 - April 26, 2014
Amount Requested: $500 Amount Recommended: $500
OPENSTAGE THEATRE AND COMPANY: Ocean’s Eleven
Location and Date: Lincoln Center; March 15, 2014
Amount Requested: $3,000 Amount Recommended: $0
POUDRE RIVER PUBLIC LIBRARY DISTRICT: History Comes Alive @ Your Library
Location and Date: Front Range Community College/Longs Peak Center/ Old Town Library
July 25 - November 21, 2014
Amount Requested: $2,500 Amount Recommended: $1,750
PROJECT YOUTH AND CHAMBER MUSIC: Off the Hook Chamber Music Festival
Location and Date: Various venues in Old Town; June 10-22, 2014
Amount Requested: $4,930 Amount Recommended: $2,900
PUBLIC RADIO FOR THE FRONT RANGE: KRFC 11th Annual Birthday Bash
Location and Date: Lincoln Center; March 29, 2014
Amount Requested: $5,000 Amount Recommended: $0
ROCKY MOUNTAIN BIRD OBSERVATORY: Poudre RiverFest
Location and Date: Legacy Park, along the Poudre River Trail; May 10, 2014
Amount Requested: $5,000 Amount Recommended: $4,500
SUSTAINABLE LIVING ASSOCIATION: Earth Day Fort Collins
Location and Date: Civic Center Park; April 19, 2014
Amount Requested: $2,000 Amount Recommended: $1,400
ZIKR DANCE ENSEMBLE: Mysteries, Rites and Revelation
Location and Date: Lincoln Center; June 20, 2014
Amount Requested: $2,500 Amount Recommended: $0
Packet Pg. 121
Attachment11.2: Cultural Resources Board Meeting Draft Minutes 1-29-14 (Fort Fund January 2014)
Total Funding Requested by Applicants: $81,280
Total Funding Recommended for disbursement by CRB: $51,300
Total Unfunded Balance: $29,980
% of Requests Funded: 63%
Ms. Gilligan made a motion to submit these recommendations for Fort Fund disbursements to
City Council for their approval.
Mr. Gutierrez seconded the motion.
The motion passed unanimously.
Liaisons will be assigned by the Board for recently funded events at the regularly scheduled
February meeting.
VII. Other Business:
Review and approval of the revised Fort Fund report forms were tabled to the March meeting.
John Hayes notified Ms. Dennis that he was officially resigning from the Cultural Resources
Board. Ms. Stilwell has requested information from the City Clerk’s office regarding the
process of acquiring a new member.
Ms. Schneider advocated for a Board member to attend the Visit Fort Collins retreat on
February 25, 2014.
The Board requested that the April Fort Fund session be moved from April 23, to April 30,
2014.
VIII. Adjournment: 8:02 p.m.
Respectfully submitted,
Gail Budner
Administrative Clerk II
Packet Pg. 122
Attachment11.2: Cultural Resources Board Meeting Draft Minutes 1-29-14 (Fort Fund January 2014)
- 1 -
RESOLUTION 2014-013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE RECOMMENDATIONS OF THE CULTURAL RESOURCES BOARD
REGARDING FORT FUND GRANT DISBURSEMENTS
WHEREAS, the City disburses funds from the City’s Cultural Development and
Programming Account and Tourism Programming Account in accordance with the provisions of
Section 25-244 of the City Code through its Fort Fund Program; and
WHEREAS, the City’s Cultural Resources Board reviews applications for Fort Fund
monies and makes recommendations to the City Council in accordance with the provisions set
forth in Section 2-203(3) of the City Code, and in accordance with the administrative guidelines
for the Fort Fund program (the “Fort Fund Guidelines”); and
WHEREAS, pursuant to Section 25-244 of the City Code, the Cultural Development and
Programming Account was established for the purpose of funding cultural development and
programming activities and the Tourism Programming Account was established for the purpose
of funding tourist-related special events; and
WHEREAS, at its regular meeting on January 29, 2014, the Cultural Resources Board
recommended funding for various proposals as set forth on Exhibit “A”, attached and
incorporated herein by this reference, based upon the criteria and considerations set forth in
Section 2-203 and the Fort Fund Guidelines; and
WHEREAS, the proposals recommended by the Cultural Resources Board provide a
public benefit to the Fort Collins community by supporting cultural development and
programming activities within the City and promoting the use of public accommodations within
the City; and
WHEREAS, the City Council wishes to adopt the recommendations of the Cultural
Resources Board.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby finds that the distribution of funds through
the Fort Fund program as recommended by the Cultural Resources Board serves a public purpose
that benefits the community.
Section 2. That funds in the total amount of FIFTY ONE THOUSAND ONE
HUNDRED DOLLARS ($51,100) in the City’s Cultural Development and Programming
Account and TWO HUNDRED DOLLARS ($200) in the Tourism Programming Account are
hereby distributed in accordance with the recommendations of the Cultural Resources Board as
set forth on Exhibit “A”.
Packet Pg. 123
- 2 -
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
18th day of February, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 124
EXHIBIT A
FORT FUND GRANT PROGRAM
JANUARY 2014
APPLICANT PROPOSED EVENT/DATE
FUNDING
REQUESTS
CULTURAL
DEVELOPMENT &
PROGRAMMING
TOURISM
PROGRAMMING
UNFUNDED
BALANCE
PERCENT OF
REQUEST
FUNDED
Alzheimer's Association Memories in the Making Art Auction
Location: The Hilton Fort Collins May 20, 2014
This auction is a fundraising event to broaden the community's perspective around the topic of art therapy $5,000 $3,000 $0 $2,000 60%
and creation by those with memory impairment.
ARCINDA Indonesian/Asian Showcase/FC 150th Anniversary
Location: CSU or FCMOD June 1, 2014 / or TBD
This event showcases Indonesian, Javanese culture and presents a unique collaboration transposing this music $1,000 $0 $0 $1,000 0%
into modern western music.
City of Fort Collins Recreation Dept. Kites in the Park Festival
Location: Spring Canyon Community Park April 27, 2014
This is a free community event celebrating the wind, and Fort Collin's fantastic parks and trails. It caters to all ages $4,200 $4,200 $0 $0 100%
and abilities, and encourages residents to get outside and celebrate the beautiful Colorado outdoors.
CSU - Dept. of Art Drawing Festival & International Drawing Exchange
Location: Hatton Gallery/Carnegie Community Gallery/Gallery in Wales June and October 2014
This project is a drawing festival and international exchange of contemporary drawing artwork encompassing $5,000 $3,500 $0 $1,500 70%
multiple exhibitions and involving artists from Wales UK, the State of Colorado and the Fort Collins area.
Colorado Bach Ensemble Bach/Handle Festival 2014
Location: CSU / UCA June 6-14, 2014
This festival features vocal masterworks by Bach and Handel. The format allows for unique listening and learning $5,000 $4,000 $0 $1,000 80%
experiences for the audience and talks by Dr. Kim about the concerts.
Disabled Resource Services Wine Fest 32
Location: Hilton Fort Collins March 21, 2014
This is an annual Northern Colorado premier wine tasting event with a silent auction. The proceeds $1,500 $1,000 $200 $300 80%
benefit Disabled Resource Services and the people with disabilities that they serve.
Fort Collins Chamber Music Society Out of the Concert Hall - 150 Years of FC
Location: FCMOD/Astoria/Equinox/Crankenstein's July 12th & 20th and August 17th & 31st, 2014
The FCCMS is an organization of classically trained professional musicians dedicated to performing high-quality $2,900 $2,900 $0 $0 100%
music in non-traditional settings for audiences who would otherwise never be exposed to chamber music.
Fort Collins Wind Symphony 2014 Concert Season: March & May
Location: CSU / UCA March 1st and May 3rd, 2014
These concerts feature high quality concert band compositions in a wide variety of styles, performed by local $1,350 $1,350 $0 $0 100%
professional musicians.
CULTURAL RESOURCES BOARD
RECOMMENDATION
Fort Fund Tier 2: Special Events Fund
1
Packet Pg. 125
Attachment1: Exhibit A (Fort Fund January 2014 Resolution)
APPLICANT PROPOSED EVENT/DATE
FUNDING
REQUESTS
CULTURAL
DEVELOPMENT &
PROGRAMMING
TOURISM
PROGRAMMING
UNFUNDED
BALANCE
PERCENT OF
REQUEST
FUNDED
CULTURAL RESOURCES BOARD
RECOMMENDATION
High Performance Dance Theatre New Visions Dance Competition
Location: Lincoln Center March 14-15, 2014
The participants will be dancers, ages 6-18 years old. The audience will experience performances in ballet, $2,000 $1,000 $0 $1,000 50%
modern, jazz, tap, lyrical, hip hop, acro and musical theatre.
International Keyboard Odyssiad & Festival International Festival, U.S.A .
Location: Evangelical Covenant Church July 20-24, 2014
This piano competition will be held in conjunction with SKI/Colorado, a Summer Keyboard Institute. It will attract $5,000 $2,500 $0 $2,500 50%
competitors and participants from around the U.S.A. and from many foreign countries
Junior League of Fort Collins 32nd Annual Terrace and Garden Tour
Location: City Park Neighborhood June 21, 2014
This fundraising event features a self-guided tour of six private gardens that showcase a variety of styles and $1,500 $1,350 $0 $150 90%
plant life and include education on sustainability.
Larimer Chorale Singing for Seniors Summer 2014
Location: Christ United Methodist Church & CSU / UCA June-August, 2014
This community outreach program promotes the health and wellness benefits of singing. It offers seniors an $5,000 $5,000 $0 $0 100%
opportunity to sing simply for the fun of it, while gaining multiple physical and mental benefits.
Lincoln Center Support League 2014 Children's Summer Series
Location: Lincoln Center June 11,18, 25 and July 9,16, 2014
The series includes five one-hour performances that will introduce the audience of mostly young people to the $3,000 $2,500 $0 $500 83%
performing arts, a primary mission of the Support League.
Mnts & Plains Institute for Lifelong Learning & Service Road Scholar Chorus of the Rockies Concert
Location: First United Methodist Church September 20-28, 2014
The concert will be the culmination of the participant's hard work and artistry during their stay in Fort Collins. It occurs $2,000 $1,000 $0 $1,000 50%
on Father's Day and offers an opportunity for residents to see this unique group at a Sunday afternoon concert.
NoCo Artists, Inc. NoCo Artists 2014 Spring Series
Location: Center for Fine Art Photography & Community Creative Center March 29 and May 24, 2014
The events will feature woodwinds and stringed instruments performing new arrangements by local composers with $2,900 $0 $0 $2,900 0%
a theme of dreams and reveries, along with a musical recreation of a Charles de Lint novel.
N. COLO. INTERTRIBAL POWWOW ASSOC. 22nd Annual Spring Contest Powwow & Indian Market
Location: Northside Aztlan Community Center April 19-20, 2014
The audience will experience a colorful celebration of the rich , yet humble diverse cultures of the Native American $5,000 $5,000 $0 $0 100%
people over a two day schedule of events.
Northern Colorado Weavers Guild Fiber Celebration
Location: Lincoln Center March 14 - April 26, 2014
This is a juried show, marking it's 40th year. It provides a well-publicized display for fiber artists and encourages $500 $500 $0 $0 100%
members to compete with national and international peers.
OpenStage Theatre & Co. Ocean's Eleven
Location: Lincoln Center March 15, 2014
This 5th annual fundraising event pays homage to the classic 1960 "Rat Pack" film and will transform the $3,000 $0 $0 $3,000 0%
Canyon West Ballroom into a Las Vegas casino fantasy world.
2
Packet Pg. 126
Attachment1: Exhibit A (Fort Fund January 2014 Resolution)
APPLICANT PROPOSED EVENT/DATE
FUNDING
REQUESTS
CULTURAL
DEVELOPMENT &
PROGRAMMING
TOURISM
PROGRAMMING
UNFUNDED
BALANCE
PERCENT OF
REQUEST
FUNDED
CULTURAL RESOURCES BOARD
RECOMMENDATION
Opera Fort Collins Afternoon Tea with a Divo: Mad About You!
Location: Fort Collins Country Club April 27, 2014
The 5th annual theme for this fundraising event will be a Mad Hatter's Tea Party. The afternoon includes a full $3,500 $1,750 $0 $1,750 50%
British tea and a live arias performance.
Poudre River Library District History Comes Alive @ Your Library
Location: FRCC; Longs Peak Center; Old town Library July 25, September 26, October 24, November 21, 2014
The series will feature Chautauqua-credentialed performers recreating the lives of people in the frontier west. To celebrate $2,500 $1,750 $0 $750 70%
the 150th Year of Fort Collins, these performances will focus on women who influenced the development of Fort Collins.
Project Youth and Chamber Music Off the Hook Chamber Music Festival
Location: Various venues in Old Town June 10-22, 2014
The purpose of the festival is to raise awareness of the value of music education, creativity and joy for all members $4,930 $2,900 $0 $2,030 59%
of our community and to bring people of all ages together to share new musical experiences.
Public Radio for the Front Range KRFC 11th Annual Birthday Bash
Location: Lincoln Center March 29, 2014
The Birthday Bash is a big, happy celebration of Colorado music. It also increases awareness of KRFC and local $5,000 $0 $0 $5,000 0%
music and provides a fun opportunity to complete the circle of community.
Rocky Mountain Bird Observatory Poudre RiverFest
Location: Legacy Park, along the Poudre River trail May 10, 2014
This is a new, collaborative, community event that will be a free, one-day celebration of the Cache La Poudre River. $5,000 $4,500 $0 $500 90%
There will be multiple family friendly activities to explore the role of the river.
Sustainable Living Association Earth Day Fort Collins
Location: Civic Center Park April 19, 2014
The SLA helps to promote the image of Fort Collins as a city that is active in the implementation of sustainable practices. $2,000 $1,400 $0 $600 70%
This event provides attendees a chance to learn what their local government does to support environmental efforts.
Zikr Dance Ensemble Mysteries, Rites and Revelation
Location: Lincoln Center June 20, 2014
This program will include the world premiere of "Sanctuary" by Artistic Director David Taylor, along with numerous $2,500 $0 $0 $2,500 0%
other works that celebrate the diversity of transcendent dance rituals from around the world.
Total Funding Requested by Applicants $81,280
Total Funding Recommended for disbursement by CRB $51,100 $200
Total Unfunded Balance $27,480
% of Requested Amounts Funded 63%
Scores are based on application materials and Fort Fund's "Criteria for Funding."
3
Packet Pg. 127
Attachment1: Exhibit A (Fort Fund January 2014 Resolution)
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY February 18, 2014
City Council
STAFF
Helen Matson, Real Estate Services Manager
SUBJECT
Resolution 2014-014 Authorizing a License to Enter to the U.S. Department of Justice for Use of City-Owned
Property at 215 North Mason for Nine Months.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the U.S. Department of Justice to use the Municipal Courtroom and
Waiting Area at 215 North Mason Street for Bankruptcy Creditor Meetings. There are 10 scheduled meetings
during the remainder of 2014.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The United Sates Trustee Program is a division of the Department of Justice. This program is responsible for
overseeing and administering all the bankruptcy cases filed in the District of Colorado. A major component of
the bankruptcy process and the Program's oversight is conducting §341 Meetings of Creditors for every
bankruptcy case filed. Currently, these meetings are held in Denver, Fort Collins, Colorado Springs, Pueblo
and Grand Junction. In Fort Collins, these meetings have usually been held in the Larimer County Courthouse
Office Building. The Courthouse does not have room for all the required meetings, so the Program has been
looking for additional space in Fort Collins.
Their room needs include a space that is ADA accessible and can hold up to 35 people at one time. Signage
will be provided to direct participants to the courtroom and the waiting room. The §341 Meetings will not
interfere with Municipal Court employees. Signage will be provided directing people to the property rooms. If
necessary, the Program will add more staff to be in the lobby while participants are arriving. These meetings
are scheduled on Fridays, a day when the Courtroom is not currently being used. There are nine dates
confirmed with the possibility of adding one more date in May. Their use of the facility will be from 8:00 a.m. to
5:00 p.m. Judge Lane has approved their use of these spaces on Fridays.
FINANCIAL / ECONOMIC IMPACT
The Department of Justice will pay a one-time processing fee of $500 for the use of the City-owned facilities.
ATTACHMENTS
1. Location map (PDF)
Packet Pg. 128
Packet Pg. 129
Attachment12.1: Location map (Department of Justice Use of Municipal Court)
- 1 -
RESOLUTION 2014-014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING A LICENSE TO ENTER TO THE U.S. DEPARTMENT OF JUSTICE FOR
USE OF CITY-OWNED PROPERTY AT 215 NORTH MASON FOR NINE MONTHS
WHEREAS, the City is the owner of an office building located at 215 North Mason
Street, Fort Collins, Colorado, which includes the courtroom and waiting area for the Fort
Collins Municipal Court (the “Courtroom Space”); and
WHEREAS, the United States Trustee Program (the “Program”) is a division of the
United States Department of Justice (DOJ); and
WHEREAS, the Program oversees and administers all the bankruptcy cases filed in the
federal courts for the District of Colorado; and
WHEREAS, part of the Program is a Meeting of Creditors, presided over by the Case
Trustee, which a debtor is required to attend after filing bankruptcy; and
WHEREAS, in Fort Collins these meetings have usually been held in the Larimer County
Courthouse, but the Courthouse does not have room to accommodate all the required meetings,
so the DOJ has been looking for additional space; and
WHEREAS, the DOJ has asked to use the Courtroom Space for up to ten meetings in
2014; and
WHEREAS, the meetings would all be held on Fridays when the Courtroom Space is not
usually in use, and should not interfere with Municipal Court business; and
WHEREAS, the DOJ would pay a one-time processing fee of $500 for use of the
Courtroom Space; and
WHEREAS, Article XI, Section 10 of the City Charter authorizes the City Council to
permit the use or occupation of any street, alley or public place, provided that such permit shall
be revocable by the City Council at its pleasure, whether or not such right to revoke is expressly
reserved in such permit.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Manager is hereby authorized to execute a license to enter for the
DOJ to use the Courtroom Space on terms and conditions consistent with this Resolution,
together with such additional terms and conditions as the City Manager, in consultation with the
City Attorney, deems necessary or appropriate to protect the interests of the City or to effectuate
the purposes of this Resolution, including any necessary changes to the description of the license
area, as long as such changes do not materially increase the size or change the character of the
license area.
Packet Pg. 130
- 2 -
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
18th day of February, A.D. 2014.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 131
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY February 18, 2014
City Council
STAFF
Jason Holland, City Planner
SUBJECT
Resolution 2014-015 Making Findings of Fact and Conclusions Regarding the Appeal of the December 17,
2013, Administrative Hearing Officer’s Decision Regarding the Stoner Subdivision.
EXECUTIVE SUMMARY
On December 31, 2013 an appeal was filed concerning the Administrative Hearing Officer's decision regarding
a proposed Major Amendment for Lot 2 of the Stoner Subdivision at 1017 West Magnolia Street.
On February 4, 2014, City Council voted 5 - 1 on the motion to overturn the decision of the Hearing Officer
concluding that the Hearing Officer failed to property interpret and apply Land Use Code Sections 3.5.1 and
4.7(A) in approving the Major Amendment because the proposed amendment was not compatible with the
established architectural character of the adjacent neighborhood, particularly with regard to building bulk,
mass, scale and rooflines.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND
The Major Amendment proposes amended building footprint and building elevations for the approved single-
family detached dwelling on Lot 2 of the Stoner Subdivision.
The Appellant’s Notice of Appeal was based on allegations that the Hearing Officer failed to properly interpret
and apply relevant provisions of the Land use Code, specifically:
1. Article 3, Section 3.5.1 - Building and Project Compatibility
2. Article 4, Neighborhood Conservation, Low Density District (N-C-L), Section 4.7(A) - Purpose
At the February 4, 2014 hearing on the matter, Council considered said appeal, reviewed the record on appeal,
heard presentations from the Appellant and other parties-in-interest and, after discussion overturned the
Decision.
ATTACHMENTS
1. Power Point Presentation (PDF)
Packet Pg. 132
1
1
Stoner Subdivision
• Resolution Making Findings of Fact and
Conclusions Regarding the Appeal of
the Hearing Officer’s December 17, 2013
Decision
• February 4, 2014, City Council voted 5 -
1 on the motion to overturn the decision
of the Hearing Officer
2
Stoner Subdivision
Conclusion: the Hearing Officer failed to
property interpret and apply Land Use
Code Sections 3.5.1 and 4.7(A) in
approving the Major Amendment because
the proposed amendment was not
compatible with the established
architectural character of the adjacent
neighborhood, particularly with regard to
building bulk, mass, scale and rooflines.
Packet Pg. 133
Attachment13.1: Power Point Presentation (Stoner Appeal Findings)
- 1 -
RESOLUTION 2014-015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL
OF THE DECEMBER 17, 2013, ADMINISTRATIVE HEARING OFFICER
DECISION REGARDING THE STONER SUBDIVISION
WHEREAS, on December 17, 2013, Administrative Hearing Officer, Kendra L. Carberry
(the “Hearing Officer”) approved a major amendment to the Stoner Subdivision, MJA #130045)
located at 1017 West Magnolia Street (the “Decision”); and
WHEREAS, on December 31, 2013, a Notice of Appeal of the Decision was filed with
the City Clerk by a neighborhood organization known as “Protect Our Old Town Homes” (the
“Appellant”); and
WHEREAS, on February 4, 2014, the City Council, after notice given in accordance with
Chapter 2, Article II, Division 3, of the City Code, considered said appeal, reviewed the record
on appeal, heard presentations from the Appellant and other parties-in-interest and, after
discussion overturned the Decision; and
WHERES, City Code Section 2-57(g) provides that no later than the date of its regular
meeting after the hearing of an appeal, City Council shall adopt, by resolution, findings of fact in
support of its decision on the appeal.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that, pursuant to Section 2-57(g) of the City Code, the City Council hereby
makes the following findings of fact and conclusions:
1. That the grounds for appeal as stated in the Appellant’s Notice of Appeal conform
to the requirements of Section 2-48 of the City Code.
2. That the Hearing Officer failed to property interpret and apply Land Use Code
Sections 3.5.1 and 4.7(A) in approving the major amendment because the
proposed amendment was not compatible with the established architectural
character of the adjacent neighborhood.
3. That the City Council hereby overturns the decision of the Hearing Officer and
finds that the proposed major amendment to the Stoner Subdivision does not
comply with Sections 3.5.1 and 4.7(A) of the Land Use Code because it is not
compatible with the established architectural character of the adjacent
neighborhood, particularly with regard to building bulk, mass, scale and rooflines.
Packet Pg. 134
- 2 -
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
18th day of February, A.D. 2014.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 135
Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY February 18, 2014
City Council
STAFF
Darin Atteberry, City Manager
SUBJECT
Resolution 2014-017 Appointing a City Councilmember to the Colorado State University Stadium Community
Design Development Advisory Committee.
EXECUTIVE SUMMARY
The purpose of this item is to appoint a member from Council to serve as the City’s representative on the
Community Design Development Advisory Committee.
STAFF RECOMMENDATION
None.
BACKGROUND / DISCUSSION
In 2012, Colorado State University (CSU) convened a Stadium Advisory Committee to examine the feasibility
of building an on-campus stadium. A 15-person panel - the Stadium Advisory Committee - worked for seven
months, including an extensive public input process, and delivered a report to President Tony Frank in August
2012 that identified a potential site, highlighted funding options, examined potential impacts, and captured
public sentiment.
While the Stadium Advisory Committee determined it was feasible to build a stadium on campus, President
Frank ultimately decided CSU should move ahead with the project. In October 2012, the CSU System Board
of Governors voted to affirm Dr. Frank’s recommendation to begin an effort to raise private support for at least
half the cost of the stadium, as well as to begin detailed planning for the project.
At present, CSU has begun detailed planning for the design of an on-campus stadium. As part of this process,
the University is convening a Community Design Development Advisory Committee (CDDAC). This
Committee is to review a range of development elements and impact -- such as parking, traffic, noise, lighting -
and provide feedback as to how to address these issues and provide a high quality stadium for the University
and the community.
The CDDAC will include members representing a broad range of stakeholder interests, including:
Faculty
Staff
Students
Alumni
Athletic Department
Season ticket holders
Neighbors/property owners south of Prospect
Neighbors/property owners north of Prospect
SOS Hughes
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Agenda Item 14
Item # 14 Page 2
City of Fort Collins
Fort Collins Police Department
Chamber of Commerce
Community/Civic Leaders
Be Bold CSU.
The Committee will be chaired by Bob McCluskey, a business owner and former member of the Colorado
House of Representatives and the Fort Collins’ City Council.
The action before City Council is to appoint a member from Council to serve as the City’s representative on the
Community Design Development Advisory Committee.
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RESOLUTION 2014-017
OF THE CITY COUNCIL OF THE CITY OF FORT COLLINS
APPOINTING A CITY COUNCILMEMBER TO THE
COLORADO STATE UNIVERSITY STADIUM
COMMUNITY DESIGN DEVELOPMENT ADVISORY COMMITTEE
WHEREAS, Colorado State University (“CSU”) is considering replacing Hughes
Stadium, which currently serves the CSU football program; and
WHEREAS, as proposed, the new stadium (the “Proposed Stadium”) would be
constructed on CSU’s main campus within the City limits; and
WHEREAS, Dr. Tony Frank, CSU President, has announced plans to appoint a
Community Development Design Advisory Committee (the “Committee”) to provide input
regarding preliminary development designs for the Proposed Stadium and review development
issues such as parking, traffic, noise and other impacts to the City and nearby neighborhoods;
and
WHEREAS, the Committee is expected to include various stakeholders, and the City has
been invited to designate a representative of the City to serve on the Committee; and
WHEREAS, because of the potential impacts of the Proposed Stadium on the City and its
residents, the City Council believes that it would be appropriate for a City Councilmember to act
as the City’s representative on the Committee.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that _________________ is hereby appointed to serve as the City’s
representative on the Committee.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
18th day of February A.D. 2014.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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When defendant fails to pay judgment or
juvenile defendant does not appear.
Per Section 42-2-118(3)(c), C.R.S., half
of this fee is remitted to the Colorado
Department of Revenue by the Court.
No change
Parking Boot
Fee
$50.00
When vehicle is immobilized for non-
payment of parking tickets
No change
Payment Plan
Fee
$25.00
When payment plan is created or revised
to add an additional balance due
No change
Personal
Service Cost
Actual cost of service
(with a minimum
established and
revised as necessary
by Police Services)
When defendant has to be located and
personally served with a summons and
complaint and later enters a plea of
guilty, no contest, or liable to charge(s)
or is found guilty/liable at trial or by
default
No change
Returned Check
Fee
$25.00
When payment by check is returned by
bank due to insufficient funds
No change
Traffic Calming
Surcharge
See City Code See Section 1-15(g) of the City Code No change
Warrant Fee $50.00
When warrant is prepared due to failure
to appear, pay or comply
No change
Witness Fee $5.00
When subpoenaed witness appears for
trial and defendant is found guilty/liable
Section 13-10-111(4), C.R.S.
No change
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pay this calculated amount plus the
applicable base charge set forth below:
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