HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 04/18/2017 - COMPLETE AGENDACity of Fort Collins Page 1
Wade Troxell, Mayor City Council Chambers
Gerry Horak, District 6, Mayor Pro Tem City Hall West
Bob Overbeck, District 1 300 LaPorte Avenue
Ray Martinez, District 2 Fort Collins, Colorado
Ken Summers, District 3
Kristin Stephens, District 4 Cablecast on FCTV Channel 14
Ross Cunniff, District 5 and Channel 881 on the Comcast cable system
Carrie Daggett Darin Atteberry Wanda Winkelmann
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 (V/TDD: Dial
711 for Relay Colorado) for assistance.
Regular Meeting
April 18, 2017
(Amended 4/18/17)
Proclamations and Presentations
5:15 p.m.
A. Proclamation Declaring April 23-29, 2017 as National Volunteer Week.
B. Proclamation Declaring the Month of April as Sexual Assault Awareness Month.
C. Proclamation Declaring April 2017 as Fair Housing Month.
D. Proclamation Declaring April 21, 2017 as Arbor Day.
E. Proclamation Declaring April 2017 as Local Music Appreciation Month.
F. Proclamation Declaring the Month of April 2017 as Child Abuse and Awareness Month.
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
CALL MEETING TO ORDER
ROLL CALL
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AGENDA REVIEW: CITY MANAGER
City Manager Review of Agenda.
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 may comment regarding items scheduled on the Consent Calendar and items not
specifically scheduled on the agenda. Comments regarding land use projects for which a development
application has been filed should be submitted in the development review process** and not to the
Council.
Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping
purposes).
All speakers will be asked by the presiding officer to identify themselves by raising their hand,
and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for
those who are not able to stand while waiting).
The presiding officer will determine and announce the length of time allowed for each speaker.
Each speaker will be asked to state his or her name and general address for the record, and to
keep comments brief. Any written comments or materials intended for the Council should be
provided to the City Clerk.
A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of
speaking time remain, and will beep again and turn red when a speaker’s time to speak has
ended.
[**For questions about the development review process or the status of any particular development,
citizens should consult the Development Review Center page on the City’s website at
fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.]
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. Items remaining on the Consent Calendar will be approved by City Council with
one vote. 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.
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1. Consideration and Approval of the Minutes of the February 21, 2017 Regular Council Meeting and
the February 28, 2017 Special Council Meeting.
The purpose of this item is to approve the minutes from the February 21, 2017 Regular Council
meeting and the February 28, 2017 Special Council meeting.
2. Second Reading of Ordinance No. 029, 2017, Amending Chapter 15, Article XI of the Code of the
City of Fort Collins Related to the Regulation and Licensure of Dealers in Secondhand Property.
This Ordinance, unanimously adopted on First Reading on February 21, 2017, updates and revises
Article XI of Chapter 15 of the Fort Collins City Code. Article XI addresses the regulation and
licensure of dealers in secondhand property within the City of Fort Collins. The proposed changes
will update the outdated provisions to comply with current state law, local practice and procedure,
and fill in any gaps in the existing provisions. Such changes include modifying the definition of a
secondhand dealer to include a person who buys secondhand property and eliminating the
restriction on issuance or renewal of a license because of any felony by the licensee, to be
consistent with state law.
Changes to this Ordinance were made between First and Second Reading to: (1) clarify the
definition of secondhand property to exclude donated property, exclude cellular telephones passed
between cellphone carriers and their customers, and to further clarify that secondhand property is
property “previously owned and used by another person”; (2) place a limit of ten years on convictions
in an applicant’s criminal history for which they may be denied a Secondhand Dealer’s License; and
(3) clarify that dealers must have a separate license for each location at which they deal in
secondhand property.
3. Second Reading of Ordinance No. 039, 2017, Appropriating Prior Year Reserves in the
Transportation Fund for Regional Contribution to Larimer County for North I-25 Improvements.
This Ordinance, unanimously adopted on First Reading on March 28, 2017, appropriates
Transportation Reserve funds in the amount of $445,947, to be remitted to Larimer County as part of
an annual regional contribution of local matching funds for the Colorado Department of
Transportation’s (CDOT) North I-25 Improvements Project. With Resolution 2016-077, adopted on
October 4, 2016, Council authorized the Mayor to enter into an intergovernmental agreement (IGA)
with Larimer County and participating local agencies, including the City, to contribute local matching
funds for this purpose. This is the first of five annual installments of these payments to Larimer
County under the IGA. Local matching fund commitments accelerate the improvements to I-25 in
Northern Colorado.
4. Second Reading of Ordinance No. 040, 2017, Appropriating Unanticipated Grant Revenue From the
North Front Range Metropolitan Planning Organization and the Colorado Department of
Transportation in the Capital Projects Fund for the Horsetooth Road and College Avenue
Intersection Improvements Project.
This Ordinance, unanimously adopted on First Reading on March 21, 2017, appropriates funds for
the design, right-of-way acquisition, and construction of the Horsetooth Road and College Avenue
Intersection Improvements Project. The City was approved for two federally funded grants: (1) from
the North Front Range Metropolitan Planning Organization category Surface Transportation
Program, for operational and safety improvements; and (2) a Highway Safety Improvement Program
grant awarded through the Colorado Department of Transportation. The grant applications were
based on the addition of northbound and southbound dual left turn lanes. Single left turn lanes
currently exist for northbound and southbound traffic. Additionally, the project may include right turn
pockets, multi-modal improvements, median and landscaping improvements, and pavement
improvements.
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5. Second Reading of Ordinance No. 042, 2017, Amending Chapter 26 of the Code of the City of Fort
Collins to Clarify the Acceptance of Water Certificates Issued Pursuant to an Agreement Dated May
10, 1971, (Commonly Known as “Josh Ames Certificates”) to Meet Raw Water Requirements.
This Ordinance, unanimously adopted on First Reading on March 21, 2017, amends certain sections
of Chapter 26 of the City Code to clarify how Josh Ames Certificates are used to meet the City Code
raw water requirements for treated water service. These Code amendments address issues
concerning water certificates the City issued under a May 10, 1971, agreement with The Josh Ames
Ditch Company (Josh Ames Certificates), which have and will otherwise continue to raise disputes
with the holders of such certificates.
The phrase “commonly known as Josh Ames Certificates’” has been added to the title of the
Ordinance for clarity and ease of future reference.
6. Second Reading of Ordinance No. 047, 2017, Appropriating Funds Related to Additional 2017
Budget Transfers to Meet Fund Accounting Requirements.
This Ordinance, unanimously adopted on First Reading on March 21, 2017, authorizes moving of
funding from one fund to another. This action has no impact on service delivery of the programs and
services funded in the 2017 Budget and there are no funding shortfalls. Rather, this appropriation
moves funding from the fund where the Offer was funded to the fund where the actual expenses will
occur.
7. Second Reading of Ordinance No. 048, 2017, Appropriating Unanticipated Grant Revenue from the
Colorado Off-System Bridge Program in the Capital Projects Fund for the Riverside Avenue Bridge
Replacement Project.
This Ordinance, unanimously adopted on First Reading on March 21, 2017, appropriates
unanticipated grant funds in the Capital Projects Fund for the replacement of the Riverside Avenue
Bridge because it is progressing towards deterioration and does not have the desired load carrying
capacity.
8. Second Reading of Ordinance No. 050, 2017, Amending Section 23-116 of the Code of the City of
Fort Collins Regarding Permits and Licenses to Enter on Real Property.
This Ordinance, unanimously adopted on First Reading on March 21, 2017, amends Section 23-116
of the City Code to authorize the City Manager to grant a permit or license for the use or occupation
of any real property owned in the name of the City for a period of up to five years. The existing
language in the City Code specifies that the City Manager may grant a permit or license for a period
of up to one year.
9. Public Hearing and Second Reading of Ordinance No. 052, 2017, Amending Chapter 19 of the Code
of the City of Fort Collins to Adopt the Colorado Rules of Civil Procedure to Govern the Procedures
for Civil Actions Filed in Municipal Court and to Add City Code Section 1-24 to Clarify that Civil
Actions Arising Under the City's Ordinances are not Intended to Create by Implication Claims for
Monetary Damages for the Benefit of Third Parties.
This Ordinance, unanimously adopted on First Reading on March 28, 2017, adopts for Municipal
Court the Colorado Rules of Civil Procedure to be used to govern the procedures for civil actions
filed in Municipal Court that do not arise from violations of the City Charter or Code.
Three recitals have been added to this Ordinance between First and Second Reading to reflect the
publication of the notice of public hearing required in Article II, Section 7 of the City Charter. Such
publication is required when a code of laws, like the Colorado Rules of Civil Procedure, is being
adopted by reference into the City Code. The published Notice of Public Hearing has also been
attached as Exhibit “A” to the Ordinance.
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Sections 3 and 4 of the Ordinance have also been amended to clarify that the Municipal Court civil
actions to which the Colorado Rules of Civil Procedure will be applicable will not include any actions
for violations, offenses or infractions of City ordinances. The Ordinance already provides that these
new procedural rules are not applicable to actions for violations, offenses and infractions under the
City Charter and Code.
10. First Reading of Ordinance No. 053, 2017, Appropriating Prior Year Reserves in the Transportation
Fund for Consulting Services Related to Interstate 25 (I-25) Traffic Solution Efforts.
The purpose of this item is to renew a one-year contract with a lobbying and communications firm
(Capitol Solutions) to advocate for solutions to Interstate 25 traffic congestion and to appropriate
$30,000 from the Transportation Fund reserves to pay for these services. City leaders are working in
partnership with regional partners to identify and pursue funding for the I-25 corridor in Northern
Colorado. Numerous regional efforts, initiatives, and actions have been taken or are underway to
urge the Colorado legislature and Colorado Department of Transportation (CDOT) to accelerate
improvements to Interstate 25 (I-25) and find long-term sustainable funding for the State’s
transportation infrastructure needs. This $30,000 appropriation for services will continue to augment
and enhance regional efforts and ensure Fort Collins has representation in discussions on I-25. This
item supports the adopted recommendations of the 2011 North I-25 Environmental Impact Statement
(EIS), and also supports Council priority for I-25 funding; Strategic Plan Objectives: Transportation
6.1, 6.4; and Council legislative priority re: I-25 funding.
11. First Reading of Ordinance No. 054, 2017, Appropriating Prior Year Reserves in the General Fund
for Waste Reduction and Diversion Projects Approved as Part of the Waste Innovation Program.
The purpose of this item is to shift $150,000 accumulated during 2016 in the Waste Innovation Fund
account into the City’s General Fund account for approved projects to develop new organizational
processes that enable departments to divert more waste material from landfill disposal.
12. First Reading of Ordinance No. 055, 2017, Appropriating Prior Year Reserves in the Storm
Drainage Fund to Perform Stream Rehabilitation Improvements on McClellands Creek in Connection
with the Twin Silo Park Development Project and Transferring Appropriations to the Cultural
Services and Facilities Fund for the Art in Public Places Program
The purpose of this item is to appropriate $454,500 from prior year reserves in the Storm Drainage
Fund to perform stream rehabilitation improvements on McClellands Creek and authorizing transfers
to the Cultural Services Fund for the Art in Public Places (APP) program in connection with the Twin
Silos Park project.
13. Public Hearing and First Reading of Ordinance No, 056, 2017, Amending Chapter 9 of the Code of
the City of Fort Collins and Adopting by Reference the 2015 International Fire Code, with
Amendments.
The purpose of this item is to adopt the 2015 International Fire Code as amended. The International
Code Council (ICC) publishes updated codes every three years. The Poudre Fire Authority Board of
Directors has reviewed and approved this code package and is requesting the code be adopted as
amended.
Poudre Fire Authority (PFA) is responsible for the enforcement and administration of the
International Fire Code (IFC) within the City of Fort Collins. Every three years, the IFC is updated by
the International Code Council (ICC) with the most recent update published in 2015. Poudre Fire
Authority routinely reviews new codes, proposes local amendments and then seeks adoption of the
code changes by the City Council. The proposed amendments, developed in conjunction with the
local Fire Code Review Committee, include several changes to the local code. There were a few
significant changes to the published code including provisions related to hyperbaric facilities, removal
of abandoned wiring in plenums, protection of elevators for fire service access and occupant
evacuation, carbon dioxide systems and multi-story tents/membrane structures and temporary stage
canopies. Local amendments include new provisions limiting bon fire size, restricting solid fuel
outdoor fireplaces and fire pits at commercial properties and clarifying language to provide
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consistency across PFA’s jurisdiction as well as the long standing local provisions for fire sprinkler
protection and egress.
14. First Reading of Ordinance No. 057, 2017, Adopting the Fort Collins Utilities Water and Wastewater
Design Criteria Manual.
The purpose of this item is to adopt a Water and Wastewater Criteria Manual that establishes
minimum standards for designing public improvements within the Fort Collins Utilities (FCU) water
and wastewater service areas.
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
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 (three 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.
15. Second Reading of Ordinance No. 051, 2017, Appropriating Prior Year Reserves in the General
Fund to Support the Idea 2 Product 3D Printing Community Center. (staff: Josh Birks; no staff
presentation; 5 minute discussion)
This Ordinance, adopted on First Reading on March 21, 2017 by a vote of 6-0 (Troxell recused),
appropriates General Fund Reserves to support the relocation of the Idea 2 Product (I2P) laboratory
and develop a 3D Printing Community Center. The City through the proposed appropriation will
pledge $150,000 to support the relocation and construction of the 3D Printing Community Center
within the Fort Collins community. The funds will be pledged contingent upon the ability of I2P, the
operator of the 3D Printing Community Center, to raise a total (including the City's pledge) of $3.0
million from private sources, other communities, and grants. The pledge will terminate at the end of
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2017 unless I2P has successfully raised funds and may be renewed at City Council's option in future
years.
16. First Reading of Ordinance No. 058, 2017, Reappropriating Funds Previously Appropriated in 2016
But Not Expended and Not Encumbered in 2016. (staff: Lawrence Pollack: 15 minute staff
presentation; 30 minute discussion)
City Council authorized expenditures in 2016 for various purposes. The authorized expenditures
were not spent or could not be encumbered in 2016 because:
there was not sufficient time to complete bidding in 2016 and therefore, there was no known
vendor or binding contract as required to expend or encumber the monies
the project for which the dollars were originally appropriated by Council could not be completed
during 2016 and reappropriation of those dollars is necessary for completion of the project in
2017
to carry on programs, services, and facility improvements in 2017 with unspent dollars previously
appropriated in 2016.
In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual
fund balances at the end of 2016 and reflect no change in Council policies.
Monies reappropriated for each City fund by this Ordinance are as follows:
Fund
2016
Amended
Budget
Reappropriation
Amount
% of 2016
Amended
Budget
General Fund $143,734,196 $948,174 0.7%
Keep Fort Collins Great Fund 25,849,423 691,195 2.7%
Light and Power Fund 143,023,302 107,933 0.1%
Data and Communications
Fund 11,544,230 301,600 2.6%
TOTAL $324,151,151 $2,048,902 0.6%
17. First Reading of Ordinance No. 059, 2017, Making Various Amendments to the Land Use Code.
(staff: Ted Shepard; 5 minute staff presentation; 30 minute discussion)
The purpose of this item is to adopt a variety of revisions, clarifications and additions to the Land Use
Code that have been identified since the last update in December 2015.
18. Items Relating to the Sales Tax Code. (staff: Tiana Smith; 5 minute staff presentation; 15 minute
discussion)
A. First Reading of Ordinance No. 060, 2017, Amending Article II of Chapter 25 and Division 2 in
Article IX of Chapter 26 of the Code of the City of Fort Collins Concerning the City’s Tax and
Utility Refund Programs.
B. First Reading of Ordinance No. 061, 2017, Amending Article III of Chapter 25 of the Code of the
City of Fort Collins Concerning the Imposition, Collection, and Enforcement of the City’s Sale
and Use Taxes.
C. First Reading of Ordinance No. 062, 2017, Amending Article IV of Chapter 25 of the Code of the
City of Fort Collins Concerning the City’s Lodging Tax.
The purpose of this item is to amend Code Chapter 25 to update definitions and align for consistency
the sales and use tax and lodging tax provisions related to the collection and enforcement of these
taxes. It also makes various amendments to the City Code provisions providing for the City’s tax and
utility rebate programs established in Code Chapters 25 and 26 (City Rebate Programs). The
philosophy of the Sales Tax department is to be business friendly in its operations and to ensure that
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the processes in place are user-friendly and that taxpayers can remit taxes with ease. For the
administration of the City Rebate Programs, the intention is to help as many qualified, low-income,
disabled and senior individuals in the community as possible. In order to deliver on both of these
objectives, the Sales Tax Department is recommending the following changes to City Code:
Update definitions to allow more flexibility in the administration of the City Rebate Program
resulting in the ability to help more income-qualified individuals
Adopt definitions recommended by the Colorado Municipal League
Align threshold amounts that set taxpayer filing frequency to align with the State of Colorado
Revise the collection and enforcement provisions in the Sales and Use Tax Code to conform to
the Sales Tax Department’s current practices and to add these collection and enforcement
provisions to the Lodging Tax Code for consistency.
19. Resolution 2017-037 Appointing an Unaffiliated Member to the Boxelder Basin Regional Stormwater
Authority Board of Directors by Mutual Agreement of Fort Collins and Larimer County. (staff:
Wanda Winkelmann; no staff presentation; 5 minute discussion)
THIS ITEM IS WITHDRAWN FROM CONSIDERATION
The purpose of this item is to appoint a Director to the Boxelder Basin Regional Stormwater Authority
Board of Directors to fill the seat jointly appointed by the City of Fort Collins and Larimer County.
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
OTHER BUSINESS
A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers
(Three or more individual Councilmembers may direct the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances not
originating from the Council's Policy Agenda or initiated by staff.)
B. Consideration of a motion to postpone First Reading of Ordinance No. 049, 2017, Amending
Chapter 7.5 and 8 of the Code of the City of Fort Collins for Phased Increases of the Capital
Expansion Fees to May 16, 2017.
This item was considered on First Reading on March 21, 2017, when Council decided to
postpone further discussion until May 2. Staff has requested consideration of this item be
postponed to May 16.
ADJOURNMENT
A. Council will consider a motion to adjourn to 6:00 p.m., Tuesday, April 25, 2017.
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.
PROCLAMATION
WHEREAS, volunteers can connect with local community service opportunities through
hundreds of community service organizations; and
WHEREAS, individuals and communities are at the center of social change, discovering
their power to make a difference; and
WHEREAS, during this week, all over the nation, service projects will be performed and
volunteers recognized for their commitment to service; and
WHEREAS, our country’s volunteer and national service member force of more than 63
million is a great treasure; and
WHEREAS, April is a month for volunteers, with the occurrences of National Service
Recognition Day, CSUnity, Earth Day, and United Way’s National Volunteer Month; and
WHEREAS, Fort Collins has the 6
th
largest volunteer rate of any mid-sized city in the
country at 38%; and
WHEREAS, volunteers are vital to our future as a caring and productive nation.
NOW, THEREFORE, I, Wade Troxell, Mayor of Fort Collins do hereby proclaim April
23-29, 2017 as
NATIONAL VOLUNTEER WEEK
in Fort Collins, and urge my fellow citizens to volunteer in their respective communities. By
volunteering and recognizing those who serve, we can come together to make a difference.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 18th day of April, A.D. 2017.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
Packet Pg. 9
PROCLAMATION
WHEREAS, sexual assault affects women, children, and men of all racial, cultural, and
economic backgrounds; and
WHEREAS, in addition to the immediate physical and emotional costs, sexual assault
may also have associated consequences of post-traumatic stress disorder, substance abuse,
depression, homelessness, eating disorders, and suicide; and
WHEREAS, sexual assault can be devastating for not only the survivor, but also for the
family and friends of the survivor; and
WHEREAS, no one person, organization, agency, or community can eliminate sexual
assault on their own, we can work together to educate our entire population about what can be
done to prevent sexual assault, support victim/survivors and their loved ones, and increase
support for agencies providing services to victim/survivors; and
WHEREAS, Sexual Assault Awareness Month provides an excellent opportunity for
citizens to learn more about preventing sexual violence.
NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby
declare the month of April 2017 as
SEXUAL ASSAULT AWARENESS MONTH
in the city of Fort Collins.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 18th day of April, A.D. 2017.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
Packet Pg. 10
PROCLAMATION
WHEREAS, Title VIII of the Civil Rights Act, which guarantees fair housing for all
residents of the United States, was signed into law in April 1968; and
WHEREAS, the month of April is nationally recognized as Fair Housing Month as a
time to reflect on and reaffirm our national commitment to the ideal that fair housing opportunity
is available to everyone in the United States without regard to race, color, religion, national
origin, sex, familial status and disability; and
WHEREAS, this year celebrates the 49th anniversary of the Fair Housing Act, and
reflects on our current efforts to foster sustainable, inclusive communities of opportunity for all;
and
WHEREAS, the State of Colorado passed its own Fair Housing Act in 1959, and
provided additional fair housing protections for creed, ancestry, sexual orientation, and marital
status; and
WHEREAS, the City of Fort Collins City Code prohibits discriminatory housing
practices; and
WHEREAS, the City welcomes this opportunity to acknowledge our many community
partners who are committed to addressing barriers to fair housing choice and educating all
citizens concerning their rights regarding equal housing opportunity; and
WHEREAS, this year, those partners are represented by the Fort Collins Board of
Realtors for their inclusive educational and outreach efforts and dedication to promoting access
to homeownership opportunity.
NOW THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby
decree that every person should live free from the fear of housing discrimination, and I declare
April 2017 as
FAIR HOUSING MONTH
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 18th day of April, A.D. 2017.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
Packet Pg. 11
PROCLAMATION
WHEREAS, in 1872 more than a million trees were planted in Nebraska to celebrate the
first Arbor Day, which is now observed throughout the nation and the world; and
WHEREAS, trees in our city increase property values, enhance the economic vitality of
business areas, and beautify our community as well as help conserve energy use by shading and
cooling buildings and pavement; and
WHEREAS, trees can reduce the erosion of our precious topsoil, cut heating and cooling
costs, moderate the temperature, clean the air, produce oxygen, provide habitat for wildlife and
can help offset the greenhouse effect by turning carbon dioxide, the primary cause of global
warming, into life-giving oxygen; and
WHEREAS, Fort Collins has been recognized as a Tree City USA by the National Arbor
Day Foundation for 38 years; and
WHEREAS, the City wishes to recognize Shepardson Elementary School, which has
been selected as the Arbor Day School site for this year’s tree planting ceremony to be held on
April 21; and
WHEREAS, the City also wishes to recognize the Platte River Power Authority for
maintaining a strong commitment to the environment when planning new sources of electricity
whether through wind power, hydroelectricity, or planting trees; and
WHEREAS, the Platte River Power Authority focuses on the future through green-tinted
glasses and has given the City $1,750 to purchase the trees that will be planted for Arbor Day.
NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby
proclaim April 21, 2017 as
ARBOR DAY
in Fort Collins and urge all citizens to support efforts to protect our trees and woodlands and to
support our city’s urban forestry program by planting trees for present and future generations.
We thank the Platte River Power Authority for its generous donation and Fort Collins Wholesale
Nursery for its donation and contribution to the celebration of Arbor Day.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 18th day of April, A.D. 2017.
_______________________________
Mayor
ATTEST:
_________________________________
City Clerk
Packet Pg. 12
PROCLAMATION
WHEREAS, music is an important element in the creative fabric that envelops Fort
Collins; and
WHEREAS, local musicians work hard to provide entertainment for people from all
walks of life, and helps to bring about a better quality of life in those who experience it; and
WHEREAS, musicians help stimulate the local economy by bringing citizens out of their
homes and into the community where they enjoy the arts in relaxed settings and spend money at
local establishments; and
WHEREAS, more and more musicians in Northern Colorado are gaining national
recognition for the music that they have created here, and have inspired musicians from many
other parts of the world to come to Fort Collins to experience what makes this city so special;
and
WHEREAS, local music brings our community together to celebrate creativity and
diversity.
NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby
declare my appreciation to the musicians and music lovers in this city and proclaim April 2017
as
LOCAL MUSIC APPRECIATION MONTH
and I urge all citizens to join me in recognizing the great contributions made by local musicians
to help make Fort Collins and important cultural center.
IN WITNESS WHEREOF, I have set my hand and the seal of the City of Fort Collins
this 18th day of April, A.D. 2017.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
Packet Pg. 13
PROCLAMATION
WHEREAS, child abuse and neglect affects men, women, and children of all racial,
cultural, and economic backgrounds; and
WHEREAS, in addition to the immediate physical and emotional costs, child abuse and
neglect also has associated consequences of post-traumatic stress disorder, substance abuse,
depression, homelessness, eating disorders, self-harm, and suicide; and
WHEREAS, child abuse and neglect prevention is a community responsibility and
finding solutions depends on involvement from every member of the community; and
WHEREAS, effective child abuse and neglect prevention programs succeed because of
partnerships among agencies, schools, religious organizations, law enforcement agencies, the
business community and governments. We can work together to educate our entire population
about what can be done to prevent child abuse and neglect, support victim/survivors and their
family members, and increase support for agencies providing services to victim/survivors; and
WHEREAS, Child Abuse and Neglect Awareness Month provides an excellent
opportunity for citizens to learn more about preventing child abuse and neglect. Preventing child
abuse and neglect is the responsibility of everyone, “if you see something, say something.”
NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby
declare the month of April 2017 as
CHILD ABUSE AND AWARENESS MONTH
in the city of Fort Collins.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 18th day of April, A.D. 2017.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY April 18, 2017
City Council
STAFF
Wanda Winkelmann, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the February 21, 2017 Regular Council Meeting and the
February 28, 2017 Special Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the February 21, 2017 Regular Council meeting and
the February 28, 2017 Special Council meeting.
ATTACHMENTS
1. February 21, 2017 (PDF)
2. February 28, 2017 (PDF)
1
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February 21, 2017
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
ROLL CALL
PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Winkelmann
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry noted the Resolutions for Item No. 20, Items Relating to the Old Towns
Neighborhood Plan, have been amended to state the Planning and Zoning Board recommends
adoption of the Plan and the Design Guidelines.
CITIZEN PARTICIPATION
Mike Pruznick discussed board and commission appointments and stated Council should have
identified the accident regarding a citizen slipping on ice as still an ongoing investigation. He
questioned the Prospect and College intersection design.
Merie Delffs opposed the proposed ordinance relating to appropriate use of public spaces.
Shane Sheridan opposed proposed ordinance relating to appropriate use of public spaces.
Lisa Eaton stated she is a short-term rental landlord and argued the duration of stay does not
change the use from residential.
Sharon Overacker opposed regulations on short-term rentals.
Fran Levine opposed the proposed ordinance relating to appropriate use of public spaces.
Laura Jacobsen opposed regulations on short-term rentals and stated managing them is very
similar to managing long-term rentals.
Paul Patterson suggested revisions to the short-term rental ordinance.
Brad Clements opposed regulations on short-term rentals.
Jen Petrik supported the proposed ordinance relating to appropriate use of public spaces and
opposed regulations on short-term rentals.
Steve Raimer opposed the proposed ordinance relating to appropriate use of public spaces.
Nicholas (no last name given) opposed the proposed ordinance relating to appropriate use of
public spaces.
Lloyd Crumb opposed regulations on short-term rentals.
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Raisa Slutsky-Moore opposed the proposed ordinance relating to appropriate use of public
spaces.
Kathryn Dubiel discussed the intention of the short-term rental regulations.
Sidna Rachid opposed the proposed ordinance relating to appropriate use of public spaces.
Lynn Thompson, Fort Collins Homeless Coalition, opposed the proposed ordinance relating to
appropriate use of public spaces as being punitive and noted there are no low-income storage
lockers in Fort Collins that are available 24/7.
Dolores Williams supported regulations on short-term rentals.
Marie O’Connell opposed the proposed ordinance relating to appropriate use of public spaces.
Zach Heath opposed the proposed ordinance relating to appropriate use of public spaces.
Gerry Vermont started reading a letter from the ACLU to Council regarding the proposed
appropriate use of public space ordinance and its criminalization of homelessness.
Michelle Haefele opposed the permanent grandfathering of short-term rentals.
Ian Johnston, Fort Collins for Progress, continued reading a letter from the ACLU to Council
regarding the proposed appropriate use of public space ordinance and its criminalization of
homelessness.
Carlos Scott opposed regulations on short-term rentals.
Holly Michaelson, Fort Collins for Progress, opposed the proposed ordinance relating to
appropriate use of public spaces.
Jessica Hazlett opposed the proposed ordinance relating to appropriate use of public spaces.
Chris Jacobsen opposed regulations on short-term rentals.
Alexa Sample opposed the proposed ordinance relating to appropriate use of public spaces.
Forrest Carlson opposed the proposed ordinance relating to appropriate use of public spaces.
Margaret Mitchell opposed the grandfathering clause in the proposed short-term rental
regulations and opposed the proposed ordinance relating to appropriate use of public spaces.
Mark McFann opposed regulations on short-term rentals.
Michael (no last name given) opposed the proposed ordinance relating to appropriate use of
public spaces and encouraged additional investment in affordable housing.
Courtney Cluett-Suarez stated she owns a cleaning business which cleans short-term rentals and
discussed the need for short-term rentals in the community, stating the properties are often in
better condition than those rented as long-term rentals.
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Sarah (no last name given) opposed the proposed ordinance relating to appropriate use of public
spaces.
BJ (no last name given) stated she cleans short-term rentals exclusively and that is her sole
source of income. The properties are often in better condition than those rented as long-term
rentals.
Juliana Cullen opposed the proposed ordinance relating to appropriate use of public spaces.
Graham Tuttle opposed the proposed ordinance relating to appropriate use of public spaces.
Nevan Mandel opposed the proposed ordinance relating to appropriate use of public spaces as
they are discriminatory.
Alida Villatoro opposed the proposed ordinance relating to appropriate use of public spaces.
Cheryl Distaso, Homeless Coalition, opposed the proposed ordinance relating to appropriate use
of public spaces, citing discriminatory enforcement.
Monte Barry discussed being bit by a dog in Old Town and questioned whether a citation was
issued.
Kevin Harper showed images of a new 6-foot sidewalk on West Prospect, a quarter-mile from
his property, and questioned why he has been asked to provide land for a 10-foot sidewalk.
Cheryl Schaff opposed regulations on short-term rentals and discussed the benefits of such
rentals in Fort Collins. She stated police calls to long-term rentals far exceed those to short-term
rentals.
Holly Sample opposed the proposed ordinance relating to appropriate use of public spaces.
Jeff Jensen opposed regulations on short-term rentals.
CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Martinez noted no decisions have been made regarding the proposed ordinance
relating to appropriate use of public spaces. He requested information regarding the
effectiveness of such ordinances. City Manager Atteberry replied that response will be provided
for Council and the public.
Councilmember Martinez requested information regarding the City’s efforts with respect to
homelessness. Jeff Mihelich, Deputy City Manager, discussed the new emergency weather
shelter plan and noted every person seeking shelter was provided with such during the last four
winter storms. He also discussed the new “safe place to rest” model which expands shelters
throughout the city during inclement weather and other projects such as Redtail Ponds.
Councilmember Martinez requested Mr. Barry receive follow-up regarding the dog bite he
received and again noted no decisions have been made regarding the appropriate use of public
space ordinance.
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Councilmember Campana discussed the progression of possible solutions regarding the
appropriate use of public space issue and noted it is a dynamic process for Council and the City.
Specifically, there was no Council support for limiting time spent on public benches; however,
there is support for resolving disruptive behavior.
Councilmember Overbeck requested Mr. Barry receive follow-up regarding the dog bite he
received. An open house will be held on February 23
rd
regarding the appropriate use of public
space and requested a follow-up memo regarding Mr. Harper’s comments.
Councilmember Cunniff supported additional locker space and housing such as Redtail Ponds.
He supported the need for additional jail space given significant aggressive behaviors for which
there is no appropriate remedy. Regarding short-term rentals, he stated the proposal would allow
a lodging-style use in several zones and grandfather the use in residential zones. The proposal
would advance the interest of making more housing stock available, in certain zones, for housing
uses.
Councilmember Stephens noted the City works with non-profits to ensure shelter and bed space;
however, it does not open and organize housing on its own. She noted multiple offenders of
some municipal laws currently have no consequences.
Mayor Troxell discussed community resources such as Neighbor to Neighbor and Homelessness
Prevention Initiative.
Councilmember Cunniff suggested enforcing the no-smoking ordinance more broadly in order to
address concerns regarding inequitable enforcement.
CONSENT CALENDAR
Eric Sutherland withdrew Item Nos. 10, First Reading of Ordinance No. 035, 2017, Amending
Chapter 26 of the Code of the City of Fort Collins to Revise Electric Rates, Fees and Charges for
Customers Participating in Community Solar Projects, and 12, First Reading of Ordinance No.
031, 2017, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning
Purposes the Property Included in the Mail Creek Crossing Second Annexation to the City of
Fort Collins, Colorado, and Approving Corresponding Changes to the Sign District Map, from
the Consent Agenda.
Allen Eckland withdrew Item No. 11, First Reading of Ordinance No. 030, 2017, Annexing
Property Known as the Mail Creek Crossing Second Annexation to the City of Fort Collins,
Colorado, from the Consent Agenda.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
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1. Consideration and Approval of the Minutes of the January 31, 2017 Special Council Meeting
and the February 7, 2017 Regular Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the January 31, 2017 Special Council
meeting and the February 7, 2017 Regular Council meeting.
2. Second Reading of Ordinance No. 021, 2017, Amending Land Use Code Section 3.4.1, Natural
Habitats and Features. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 7, 2017, amends various Land
Use Code requirements related to the protection and mitigation of impacts to prairie dog colonies,
sensitive and specially valued species, and other natural habitats and features on development sites.
3. Second Reading of Ordinance No. 022, 2017, Authorizing the City Manager to Enter into a
Lease Agreement with the Landowners Association for Phantom Canyon Ranches for
Recreational Use of Halligan Reservoir and Certain Surrounding Lands. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 7, 2017 authorizes a lease
agreement between the City of Fort Collins and the Landowners Association for Phantom Canyon
Ranches (the Association) for recreational use of Halligan Reservoir and certain real property
adjacent to Halligan Reservoir owned by the City (Halligan Property). The Association has leased the
recreational rights to the Halligan Property for fishing, boating, and similar activities since 1988.
Historically, the North Poudre Irrigation Company (NPIC) leased the recreational rights for Halligan
Reservoir to the Association. Because the City now owns the Halligan Property, it has the right to
lease recreational use of it. The Lease Agreement would maintain historic leasing practices and will
benefit the City in various ways, such as gaining certain rights to access to the Reservoir using the
Association’s Meadow Creek Road, assisting in the monitoring and maintenance of the Halligan
Property, facilitating the ongoing federal permitting process for the enlargement of Halligan
Reservoir, and generating a revenue stream. The Lease Agreement provides for three ten-year
terms, but allows for early termination by the City, if the enlargement of Halligan Reservoir receives
authorization or if the City decides to no longer pursue the enlargement of Halligan Reservoir.
4. Second Reading of Ordinance No. 023, 2017, Annexing Property Known as the Rennat
Annexation to the City of Fort Collins, Colorado. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 7, 2017, annexes 57.83 acres
located at 6015 South Timberline Road into the City of Fort Collins. The parcel became an enclave
with the annexation of the Hansen Farm Annexation on February 15, 2013. As of February 15, 2016,
the City was authorized to annex the enclave in accordance with State Statute 31-12-106. Staff is
recommending placement into the Residential Neighborhood Sign district. The Rennat Annexation is
situated between the Union Pacific Railroad/Southridge Golf Course to the west and South
Timberline Road to the east. A related item to zone the proposed annexation presented as the next
item on this Agenda.
5. Second Reading of Ordinance No. 024, 2017, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Rennat Annexation
to the City of Fort Collins, Colorado, and Approving Corresponding Amendments to the Sign
District Map. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be
considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2015-091.
This Ordinance, unanimously adopted on First Reading on February 7, 2017, zones the property
included in the Rennat Annexation into the Low Density Mixed-Use Neighborhood (LMN), Medium
Density Mixed-Use Neighborhood (MMN), and Neighborhood Commercial (NC) zone districts.
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6. Second Reading of Ordinance No. 025, 2017, Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for That Certain Property Known as the
Gateway at Prospect Rezoning and Making Corresponding Changes to the Sign District Map.
(Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be
considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2015-091.
This Ordinance, unanimously adopted on First Reading on February 7, 2017, amends the existing
zoning on a parcel of vacant land located at the northwest quadrant of I-25 and East Prospect Road.
The .43-acre site includes 12.40 acres of land currently zoned L-M-N, Low Density Mixed-Use
Neighborhood and 10.03 acres of land currently zoned E, Employment. The proposed rezoning
amends the zoning map for the entire site to M-M-N, Medium Density Mixed-Use Neighborhood
Zone District. A change was made to Section 4 of this Ordinance to correct a Land Use Code
section number.
7. First Reading of Ordinance No. 027, 2017, Appropriating Prior Year Reserves and
Unanticipated Revenue in the General Fund for Cultural Development and Programming
Activities, Tourism Programming, and Convention and Visitor Program Services. (Adopted)
The purpose of this item is to appropriate $355,985, of which $221,578 is proposed for 2017 Cultural
Development and Programming Activities (Fort Fund), $14,560 is proposed for 2017 Tourism
Programming (Fort Fund), and $119,847 is proposed for 2017 Convention and Visitors Program
activities, from a combination of Unanticipated Revenue (Lodging Tax) and Prior Year Reserves
(unspent appropriations) in the General Fund Lodging Tax Reserves.
Lodging taxes are annually collected by the City of Fort Collins for Cultural Development and
Tourism programming activities. Anticipated revenue is projected through each Budgeting for
Outcomes (BFO) cycle and then adjusted annually as needed based on actual collections. Lodging
tax revenue collected in 2016 was $355,985 above projected collections.
8. First Reading of Ordinance No. 028, 2017, Amending the Fort Collins Traffic Code Restricting
Parking in Bicycle Lanes. (Adopted)
The purpose of this item is to amend sections of the Fort Collins Traffic Code to clarify regulations
relating to bike lanes. The amendment to Section 1013 clarifies that bicycle lanes can be identified
by signs or pavement markings and that parking in bike lanes is prohibited. The amendment to
Section 1204 includes bike lanes in the list of locations where parking is prohibited.
9. First Reading of Ordinance No. 029, 2017, Amending Chapter 15, Article XI of the Code of the
City of Fort Collins Related to the Regulation and Licensure of Dealers in Secondhand
Property. (Adopted)
The purpose of this item is to update and revise Article XI of Chapter 15 of the Fort Collins City
Code. Article XI addresses the regulation and licensure of dealers in secondhand property within the
City of Fort Collins. The proposed changes will update the outdated provisions to comply with current
state law, local practice and procedure, and fill in any gaps in the existing provisions. Such changes
include modifying the definition of a secondhand dealer to include a person who buys secondhand
property and eliminating the restriction on issuance or renewal of a license because of any felony by
the licensee, to be consistent with state law.
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10. First Reading of Ordnance No. 032, 2017, Annexing Property Known as the Lehman-
Timberline Annexation to the City of Fort Collins, Colorado. (Adopted)
The purpose of this item is to annex 5.684 acres, parcel located at 5830 South Timberline Road,
between Mail Creek Ditch and Bacon Elementary School. The initiating resolution was adopted on
January 17, 2017. A related item to zone the proposed annexation is presented as the next item on
this Agenda.
11. First Reading of Ordinance No. 033, 2017, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Lehman-Timberline
Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to
the Sign District Map. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be
considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2017-017.
The purpose of this item is to place the property included in the Lehman-Timberline annexation into
the Low Density Mixed-Use Neighborhood (LMN), zone district.
12. First Reading of Ordinance No. 034, 2017, Expanding the Boundaries of the Fort Collins
Downtown Development Authority and Amending the Plan of Development of the Authority.
(Adopted)
The purpose of this item is to request an expansion of the boundaries of the Fort Collins Downtown
Development Authority (DDA) and amend the DDA’s Plan of Development to include the property at
221 East Oak Street and adjacent rights-of-way (ROW) on East Oak Street and Mathews Street.
The property is a commercially zoned vacant lot at the southwest corner of East Oak Street and
Mathews Street. The ROW is being added as a housekeeping step to more efficiently describe the
overall DDA boundary. There is no impact to the City from the inclusion of this ROW.
13. Resolution 2017-018 Authorizing the Assignment of the City's Private Activity Bond
Allocation for 2017 to Housing Catalyst to Finance the Rehabilitation of Affordable Housing
Units at The Village on Shields. (Adopted)
The purpose of this item is to assign the City's 2017 Private Activity Bond (PAB) allocation in the
amount of $8,046,750 to Housing Catalyst (HC) for the purpose of the rehabilitation of 285 units of
affordable housing located at the Village on Shields. Annually, the City receives a PAB allocation
from the State of Colorado. If the City does not use or assign this allocation, it is returned to the State
on September 15. Via this assignment, the City will not incur debt and this will not affect the City's
credit rating. There have not been any other requests to use the 2017 PAB allocation.
14. Resolution 2017-019 Approving Fort Fund Grant Disbursements. (Adopted)
The purpose of this item is to approve Fort Fund grants from the Cultural Development and
Programming and Tourism Programming Accounts for the selected community and tourism events,
based upon the recommendations of the Cultural Resources Board.
15. Resolution 2017-020 Ratifying the Appointment of Valerie Arnold to the Poudre River Library
District Board of Trustees (Adopted)
The purpose of this item is to appoint Valerie Arnold to the Poudre River Library District Board of
Directors to fill a vacancy that will exist due to the March 2017 term expiration for Jennifer Birks.
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16. Resolution 2017-021 Making an Appointment to the Transportation Board of the City of Fort
Collins. (Adopted)
The purpose of this item is to appoint Karl Ayers to fill a vacancy that currently exists on the
Transportation Board due to the resignation of Tim Sutton.
END CONSENT
CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff expressed concern regarding Item No. 16, Resolution 2017-018
Authorizing the Assignment of the City's Private Activity Bond Allocation for 2017 to Housing
Catalyst to Finance the Rehabilitation of Affordable Housing Units at The Village on Shields, in
terms of the process before the Housing Authority and the way the unit cost was determined.
Councilmember Overbeck expressed concern regarding the likely late timing of Council hearing
Item No. 23, Resolution 2017-025 Accepting Advisory Opinion and Recommendation No. 2017-
01 of the Ethics Review Board.
STAFF REPORTS
Mayan Smith, Publicity Marketing Technician, provided an overview of the City’s social media
use on various platforms. She discussed the types of information communicated including snow
removal, road closures, street sweeping, and neighborhood meetings.
Kate Kimble, Police Services, stated their goal in utilizing social media is to connect with the
community. Messages regarding missing persons or suspects can be amplified through social
media.
Madeline Noblett, Poudre Fire Authority, discussed the use of social media from the perspective
of Poudre Fire Authority.
Councilmembers Overbeck and Martinez thanked the social media staff members for their work.
COUNCILMEMBER REPORTS
Councilmember Stephens thanked the leaders of the Islamic Center of Fort Collins for hosting an
open house.
Mayor Pro Tem Horak reported on the Boxelder Basin Regional Stormwater Authority
mediation with property owners.
Councilmember Overbeck also thanked the leaders of the Islamic Center and discussed House
Bill 1102 regarding an exhibition of motor vehicle exhaust.
Councilmember Campana reported on the second Business Community Inclusion meeting.
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DISCUSSION ITEMS
17. Items Relating to the Old Town Neighborhoods Plan. (Adopted)
A. Resolution 2017-022 Adopting the Old Town Neighborhoods Plan as an Element of the
Comprehensive Plan (City Plan), and Repealing the 1986 East Side Neighborhood Plan, and the
1989 West Side Neighborhood Plan.
B. Resolution 2017-023 Adopting the Old Town Neighborhoods Design Guidelines, Representing
an Implementation Action of the Old Town Neighborhoods Plan.
C. First Reading of Ordinance No. 036, 2017, Repealing Ordinance No. 013, 1996, Regarding
Adoption of the Neighborhood Character Design Guidelines for the Eastside and Westside
Neighborhoods in Fort Collins.
The purpose of this item is to adopt the Old Town Neighborhoods Plan (Plan) and the Old Town
Neighborhoods Design Guidelines (Guidelines). The Old Town Neighborhoods Plan represents
a combined update of the original East Side and West Side Neighborhood Plans developed in the
1980s. The Old Town Neighborhoods generally encompass the predominantly residential
neighborhoods to the west and southeast of Downtown. The Plan provides a renewed vision and
policy guidance for the two neighborhoods, and incorporates details on programs, strategies, and
actions to support and implement the neighborhood vision. Extensive public engagement was
conducted over the course of the planning process beginning in 2015. The process involved
continuous feedback from residents in the neighborhoods, stakeholder groups, community
organizations, and City leadership.
The Old Town Neighborhoods Design Guidelines represent a follow-up implementation item from
both the 2013 Eastside Westside Character Study, and the Old Town Neighborhoods Plan. The
Guidelines provide illustrations, ideas, and guidance on compatible design for historic resources,
new construction, and home additions in the Neighborhood Conservation Low Density (NCL) and
Neighborhood Conservation Medium Density (NCM) zone districts of the Old Town Neighborhoods.
The application of the Design Guidelines is voluntary and advisory, not regulatory.
Pete Wray, City Planner, stated the Old Town Neighborhoods Plan represents a combined update
of the original Eastside and Westside Neighborhood Plans that were adopted in the 1980s. It
strives to address emerging issues, update the neighborhood vision, and provide new policy
guidance and implementation strategies. Wray discussed citizen participation efforts and
collaboration with the Downtown Plan outreach opportunities.
Wray highlighted the Plan’s goals for connectivity, compatibility of uses, supporting character
with design standards, and encouraging opportunities for accessory housing units where feasible.
The only implementation strategy being brought forward concurrent with the Plan at this time, is
the new neighborhood design guidelines, a voluntary document. Other recommendations are
ongoing and are recommended for additional outreach. The new voluntary guidelines are
designed to complement existing standards in the Land Use Code.
Gina Janett commended the design guidelines as being thorough; however, she stated standards
were discussed at the open houses and noted the guidelines are voluntary. She encouraged the
City to have aggressive outreach with the guidelines and suggested the City hold classes for
realtors. She also discussed transition buffers and accessory dwellings.
Jennifer Bray, Affordable Housing Board, stated accessory dwelling units need to be examined
citywide and encouraged innovative affordable housing options.
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Michelle Haefele suggested incentives for the voluntary guidelines should be strengthened and
the accessory dwelling unit change be scaled back.
Chris Marshall discussed abstract language in the guidelines.
Councilmember Cunniff asked about regulatory changes. Cameron Gloss, Planning Manager,
replied there are no proposed changes to the 2013 design standards.
Councilmember Cunniff asked if it would be possible to remove the references to accessory
dwelling units (ADUs) in the context of dwelling without harming the integrity of the rest of the
document. Gloss replied additional staff research would be needed; however, additional public
comment asking staff to investigate the option for adding internal or external ADUs in various
districts was received. Wray stated there was general support for being more flexible for
considering additional provisions for ADUs.
Councilmember Cunniff commended the design guidelines but remained concerned about the
definition of ADU given the density of the downtown residential zones.
Councilmember Martinez asked what the current design standards regulate. Gloss replied they
regulate mass, scale, height, and floor area permitted on a lot. The suggested guidelines are
voluntary.
Councilmember Martinez asked if there are any plans to widen Mulberry or Shields as part of
this planning process. Wray replied in the negative but noted improvements are planned within
the existing right-of-way.
Councilmember Martinez discussed the importance of ensuring pedestrian push buttons are
reachable for individuals in wheel chairs ahead of time rather than needing to retrofit the
intersections later.
Councilmember Martinez asked about the recommendations from the Planning and Zoning
Board and Affordable Housing Board. Gloss replied both Boards unanimously recommended
approval.
Councilmember Overbeck commended the reference to the Climate Action Plan and supported
the inclusion of bike and pedestrian enhancements along Shields and Mulberry.
Councilmember Campana commended staff work on the Plan. He requested information
regarding the approval process for an ADU. Gloss replied an applicant would go through a
development review process for a carriage house if density standards within the zone district are
met. Size limitations and rear lot coverage requirements also exist. Given the number of lots
which meet the existing requirements, the discussion regarding revising density standards has
occurred.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Resolution 2017-022.
Councilmember Cunniff stated he would like additional discussion regarding ADUs. He
suggested specific resolution language addressing the issue and stated residents of Old Town
neighborhoods do not want opportunities for additional dwelling units. Wray discussed survey
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results indicating people do want to explore options for additional flexibility relating to ADUs;
however, there are varying opinions.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to amend the
Resolution to add a whereas clause indicating Council has directed staff to consider existing
residents of the affected neighborhoods as a primary source of outreach for accessory dwelling
unit ordinance implementation.
Mayor Pro Tem Horak and Councilmember Campana accepted the amendment as friendly.
RESULT: RESOLUTION 2017-022 ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2017-023.
RESULT: RESOLUTION 2017-023 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 036, 2017, on First Reading
RESULT: ORDINANCE NO. 036, 2017, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
(**Secretary's Note: The Council took a brief recess at this point in the meeting.)
18. Resolution 2017-023 Directing the City Manager or His Designees to Meet with the Northern
Colorado Water Conservancy District to Engage in Discussions and Negotiations Regarding
the Northern Integrated Supply Project. (Adopted as Amended)
The purpose of this item is to consider a resolution that would direct the City Manager and/or his
designees to discuss and explore the City’s and Northern Colorado Water Conservancy District
(Northern Water) Water’s mutual interests pertaining to the Northern Integrated Supply Project
(NISP). Staff would meet with Northern Water to discuss the City’s key goals and issues related to
NISP, while regularly reporting to City Council. If mutual interests can potentially be met, staff would
be authorized to negotiate and prepare draft agreements that would be presented to Council for its
review and possible approval.
John Stokes, Natural Areas Director, stated staff brought this recommendation forward to
increase the City’s sphere of influence and is not the result of Council direction. He discussed
improvements to the Poudre River corridor which have been made by the City over the years,
including floodplain preservation and trails.
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Stokes described the Northern Integrated Water Supply Project (NISP) as a water supply and
storage project being proposed by a partnership in the Northern Colorado area. It includes a
large off-stream reservoir, Glade Reservoir, which would be north of Ted’s Place on Highway
287. The project will require various permits prior to completion.
Jennifer Shanahan, Watershed Planner, stated the common goal among City staff is to have a
supportive impact on watershed services for the Poudre. She detailed the planned data-driven
approach and projects related to the watershed.
Stokes discussed the previous comments on the NISP project made by Council and stated this
recommendation would authorize staff to meet with Northern Water to discuss the City’s key
goals and objectives related to NISP while regularly reporting back to Council, and if mutual
interests could be met, City staff would be authorized to negotiate and bring back concepts to
Council for review. The best alternative to negotiating an outcome is to comment, as a
stakeholder, but to not engage in direct discussions or negotiations with the project proponent.
Kevin Jones, Chamber of Commerce, supported the Resolution.
Eric Sutherland questioned the party with whom negotiations will occur.
LeRoy Poff stated the Poudre needs peak flows in order to function properly and the City needs
to hold fast to that goal.
Ellen Brinks stated the amount of wildlife in the river area has already decreased and the River
health should not be allowed to deteriorate further.
Katie Hoffner stated the NISP project should be a non-negotiable deal for the community and
opposed any negotiation efforts.
Joe Piesman opposed the NISP project and negotiation efforts.
Will Walters, Sierra Club, opposed NISP and the Resolution.
Katie Rupsis, Sierra Club, opposed NISP and the Resolution.
Francis Richardson, Sierra Club, opposed NISP and the Resolution.
Cynthia Hernandez, Sierra Club, opposed NISP and the Resolution.
Ted Walkup opposed the Resolution stating a mitigation agreement is never for the purpose of
helping a project be denied.
Renee Walkup opposed the Resolution.
Arlene Swan opposed NISP.
Christopher Smith supported the Resolution and the project.
Ken Summers supported the Resolution.
Todd Simmons opposed NISP and the Resolution.
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Nancy York opposed NISP and the Resolution.
Gina Janett opposed NISP and the Resolution.
Delores Williams opposed NISP and stated the life of the Poudre is not negotiable.
Cordelia Stone opposed NISP and the Resolution.
Scott (no last name given) opposed the Resolution.
Phil Arnheart opposed NISP and the Resolution.
Juan Carlo supported the Resolution.
Harry Rose noted the Land Conservation and Stewardship Board and Natural Resource Advisory
Board voted unanimously to oppose the Resolution.
Doug Henderson, 350 Group, opposed NISP and the Resolution.
Carol Hossan opposed NISP and the Resolution.
Charles Kop opposed NISP and the Resolution.
Rico Moore opposed NISP and the Resolution.
Mike Pruznick opposed NISP.
Alexa Sample opposed the Resolution and stated there is no version of NISP that will not
compromise the health of the Poudre.
Judy Harrington opposed the Resolution and stated attempts to negotiate at this point will not be
productive.
Doug Swartz opposed NISP and the Resolution.
Rebecca Shelly opposed NISP and the Resolution.
Phil Kissel opposed NISP and the Resolution.
Dr. Ed Hall opposed NISP and stated there are problems with the Environmental Impact
Statement.
Brett Bovee, Water Board, supported the Resolution.
Katie Wallace, New Belgium Brewery, opposed NISP and the Resolution.
Joe McGrane opposed NISP and the Resolution.
Andrew Lemley opposed the Resolution.
Shane Sheridan opposed the Resolution.
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Donna Braginetz opposed NISP and the Resolution.
Sarah Pitts supported the Resolution.
Mark Easter, Save the Poudre Board Chair, opposed the Resolution.
Zach Heath opposed NISP and the Resolution.
William Brown supported the Resolution.
Dick Leffler supported the Resolution.
Avery Informer opposed NISP and the Resolution.
Mike Barry opposed NISP and the Resolution.
Emily Heinz opposed NISP and stated additional citizen outreach, input and involvement needs
to occur. She suggested the Resolution be modified to remove the word “negotiate.”
Evan Stafford opposed NISP and the Resolution.
Elizabeth Hudetz opposed NISP and the Resolution.
Ward Luthi opposed NISP and the Resolution.
Eric Wilkensen, Northern Water, supported the Resolution.
Dick Livington opposed NISP.
Gary Wockner, Save the Poudre, opposed NISP and the Resolution.
Mike Antonucci discussed making ocean water potable.
Kwon Atlas opposed NISP and the Resolution.
Lauren Atlas opposed the Resolution.
Councilmember Cunniff asked if the Poudre wildlife corridor stops at I-25.
Councilmember Overbeck reported the EPA stated there was insufficient information in the
supplemental draft EIS in 2015. He asked if it is possible for the EPA to veto this project.
Stokes replied the EPA administrator could deny the project; however, that option has been
exercised extremely rarely.
Councilmember Stephens requested staff input regarding public statements that negotiating now
is too early in the process. Stokes replied the final EIS is scheduled to be published at the end of
the year. The Army Corps of Engineers would then take public comment and make a record of
decision where they would choose the least environmentally damaging practicable alternative.
He could not state specifically how long that process could take.
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Councilmember Campana noted Council took a position of “cannot support” rather than
“oppose” in 2015. He asked if any design changes have been made since that time. Stokes
replied two main changes affecting Fort Collins have occurred: water will not be delivered into
Horsetooth Reservoir from Glade Reservoir and Northern has proposed a conveyance refinement
which delivers water to the Poudre during low-flow months. Both changes are viewed as
positive from the perspective of Fort Collins; however, Fort Collins did not engage in
conversations with Northern to suggest either of those changes.
Councilmember Campana asked why the term “negotiate” is included in the Resolution. Stokes
replied there are advantages to negotiating and there is a possibility give and take could be
beneficial to the City.
Mayor Pro Tem Horak asked if staff believes the project is inevitable. Stokes replied there is a
strong likelihood the project will be permitted and could go to court; however, it is ultimately not
likely to be denied. The project has a purpose and need, and at this point the job of the Corps is
to determine the least environmentally damaging practicable alternative.
Council and staff discussed the fact there is no express regulatory requirement that a
conservation alternative be required.
Mayor Pro Tem Horak requested staff input regarding the thresholds for peak flows. Shanahan
replied staff has developed some ideas around possible ways certain short-duration thresholds
could be met.
Councilmember Cunniff asked if the population carrying capacity of Northern Colorado with
respect to water has ever been modeled. Stokes replied a mass balance equation for Northern
Colorado has not been modeled; however, that type of modeling has been done in the state water
plan.
Councilmember Cunniff requested staff opinion regarding which parts of the Resolution would
authorize staff to enter into actual negotiations. Stokes replied the Resolution references
potential agreements.
Councilmember Cunniff expressed concern about the possibility of agreements being crafted
prior to Council’s input. He stated staff should be constrained by Council’s 2015 Resolution.
Mayor Troxell stated the Resolution language offers variability in interpretation and involves
ongoing Council input.
Councilmember Campana made a motion, seconded by Mayor Pro Tem Horak, to adopt
Resolution 2017-024 with the following changes: delete “and negotiations” from the Resolution
title, delete “including through potential agreements between the City and Northern” from the
sixth whereas clause and Section 2.
Councilmember Martinez suggested changing “negotiations” to “solutions.”
Councilmember Cunniff suggested changing the language to address solely the City’s interests
rather than mutual interests. He asked if notes from City meetings with Northern could be made
public. Stokes replied in the affirmative and stated staff has a goal of informing the public of
Poudre health related issues.
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Mayor Troxell suggested leaving the two sections in the Resolution and replacing “agreement”
with “solutions” to allow for a future public process leading up to an agreement, and replacing
“negotiations” with “explore solutions” in the title.
Councilmember Campana and Mayor Pro Tem Horak accepted the change as a friendly
amendment.
Councilmember Overbeck stated he would not support the motion given concerns this moves the
City away from concerns expressed about the project in 2008.
Councilmember Cunniff stated he would not support the motion as it references Northern’s
interests; the City’s job is to advocate for its interests.
Mayor Troxell stated he would support the motion as it is important for Fort Collins to be at the
table representing its interests.
Councilmember Martinez stated he would support the motion to open dialogue for solutions.
Councilmember Stephens stated she would support the Resolution in order to codify the existing
practice and ensure Fort Collins is able to represent its interests; however, she is skeptical that
any resolution will allay her concerns about major issues of the project.
Councilmember Campana commended improvements made to the Poudre in the City and stated
it is the City’s duty to stay engaged in this process.
Councilmember Cunniff suggested an amendment to strike the words “and the Northern Water’s
mutual” from the first whereas clause and additional language changes.
Councilmember Campana and Mayor Pro Tem Horak accepted the amendment as friendly.
Councilmember Overbeck suggested including a statement referencing the 2008 Resolution in
which Council took a position of opposition to the NISP project.
Councilmember Campana and Mayor Pro Tem Horak accepted the amendment as friendly.
Mayor Pro Tem Horak noted this will give staff a tool they have requested.
RESULT: RESOLUTION 2017-024 ADOPTED AS AMENDED [6 TO 1]
MOVER: Gino Campana, District 3
SECONDER: Gerry Horak, District 6
AYES: Martinez, Stephens, Campana, Troxell, Cunniff, Horak
NAYS: Overbeck
MOTION TO EXTEND THE MEETING BEYOND 10:30 p.m.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to extend the
meeting beyond 10:30 PM to consider additional items of business.
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RESULT: MOTION TO EXTEND MEETING ADOPTED [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
NAYS: Martinez
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
19. First Reading of Ordinance No. 037, 2017, Amending Section 2-568 of the Code of the City of
Fort Collins Proscribing Certain Actions in the Event a City Board or Commission Member
has Declared a Conflict of Interest and Establishing a Related Variance Procedure. (Adopted
on First Reading)
The purpose of this item is to amend Section 2-568(a) and 2-568 (c) of the City Code to clarify
certain actions in the event a City board or commission member has declared a conflict of interest
and establish a related variance procedure.
Laurie Kadrich, Planning, Development and Transportation Director, stated this item would
clarify certain actions once a City board or commission member has declared a conflict of
interest, and establish a related variance procedure.
Councilmember Cunniff made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 037, 2017, on First Reading.
Councilmember Cunniff stated this item would allow boardmembers with conflicts the same
rights and privileges as any member of the public while ensuring they do not influence their
board.
RESULT: ORDINANCE NO. 037, 2017 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
20. Resolution 2017-025 Accepting Advisory Opinion and Recommendation No. 2017-01 of the
Ethics Review Board. (Adopted)
The purpose of this item is to submit the opinion of the Ethics Review Board to Council for its
consideration and possible approval.
Councilmember Campana recused himself from this topic as he requested the Ethics Review
Board review.
City Attorney Daggett noted Councilmember Campana initiated this inquiry of the Ethics
Review Board to clarify when, under the City Charter and City Code, City Councilmembers who
have declared a conflict of interest regarding a matter may discuss that matter in his or her
personal or professional capacity with City staff. The Ethics opinion clarifies there is not a
provision that prevents a Councilmember from communicating with staff in their non-
Councilmember, non-official capacity.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt
Resolution 2017-025.
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Councilmember Cunniff noted the Ethics Review Board has recommended further development
of City Code to define influencing.
Councilmember Overbeck requested Ethic review items be considered earlier in the evening.
RESULT: ADOPTED [6 TO 0]
MOVER: Gerry Horak, District 6
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
RECUSED: Campana
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
21. First Reading of Ordinance No. 035, 2017, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Electric Rates, Fees and Charges for Customers Participating in
Community Solar Projects. (Adopted on First Reading)
The purpose of this item is to expand the definition of “community solar projects” in Chapter 26 of the
City Code to include both “subscriber-based” and “program-managed” community solar projects, and
to establish a net metering rate applicable to the Solar Affordability Program (SAP), a new program-
managed community solar project. The SAP will rely on energy generated by the 64 kilowatt
photovoltaic system installed at 518 N. Loomis Street (the “Loomis Project”) to serve income
qualified customers and be administered according to program objectives established by the Utilities
Executive Director pursuant to City Code Sections 26-464(h) and 26-465(h).
In addition, this item provides background on the income qualified SAP which will provide
participating Fort Collins electric customers with direct bill credits for a one year period. During that
time, SAP households will participate in efficiency and conservation installations customized to each
household, drawing on resources from Utility Services, Larimer County and the State of Colorado.
Program households will also participate in energy saving education and complete efficiency
upgrades. Combined, the efficiency and education opportunities will enable program households to
permanently reduce their electric expenses and usage. Over the life of the SAP, hundreds of
qualifying households will benefit from a reduced energy burden as individual participants in the
program, and the benefits of additional renewable energy generation will be realized across the
residential rate class. The proposed credit rate for SAP and other dedicated program-managed
community solar project customers is the same rate as that currently available to customers of
subscriber-owned community solar projects, like the Riverside Community Solar project.
Eric Sutherland discussed the Energy Efficiency Program and noted rate payers make these
programs happen. He opposed this item.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 035, 2017, on First Reading.
Councilmember Stephens stated she would like to see programs that would make a bigger impact
on more families.
RESULT: ORDINANCE NO. 035, 2017, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
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MOTION TO SUSPEND THE RULES
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to suspend the
rules to extend the meeting past 12:00 AM.
RESULT: MOTION TO SUSPEND RULES ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
22. First Reading of Ordinance No. 030, 2017, Annexing Property Known as the Mail Creek
Crossing Second Annexation to the City of Fort Collins, Colorado. (Adopted on First
Reading)
The purpose of this item is to is to annex 43.698 acres, consisting of 11 parcels located in the
southeast quadrant into the City of Fort Collins. The initiating resolution was adopted on January 17,
2017. The subject properties are located on the eastern edge of South Timberline Road and bisected
by Kechter Road. A related item to zone the annexed properties is presented as the next item on this
Agenda.
Allen Eckland opposed the annexation stating the existing County zoning is a better fit than City
zoning. He expressed concern regarding the grandfathering of his land uses and potential future
additions and stated property owners should not be responsible for any associated fees.
Ted Shepard, Chief Planner, stated it has been the City’s policy since its incorporation to annex
enclaves. This aids in delivering public services and maintaining emergency response times.
Shepard referenced the Code sections addressing non-conforming uses. Regarding fees, Shepard
stated the mill levy property tax and utilities will be less or approximately the same. An
intergovernmental agreement exists with Larimer County regarding the annexation of contiguous
or enclaved properties.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt
Ordinance No. 030, 2017, on First Reading.
RESULT: ORDINANCE NO. 030, 2017, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
23. First Reading of Ordinance No. 031, 2017, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Mail Creek Crossing
Second Annexation to the City of Fort Collins, Colorado, and Approving Corresponding
Changes to the Sign District Map. (Adopted on First Reading)
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be
considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2017-017.
The purpose of this item is to zone 43.698 acre, 11-parcel enclave into the City of Fort Collins. The
initiating resolution was adopted on January 17, 2017. The subject properties are located on the east
edge of South Timberline Road and are bisected by Kechter Road.
Mayor Troxell noted this is a quasi-judicial matter.
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City Attorney Daggett outlined the quasi-judicial process relating to zoning.
Ted Shepard, Chief Planner, stated zoning occurs in accordance with the Structure Plan Map
upon a property being annexed. The zoning for this property will be Urban Estate per the
Structure Plan Map.
Eric Sutherland stated a law or regulation by which the application is being measured is required
for a quasi-judicial matter. He questioned what is necessary for the City to change zoning.
Shepard clarified this is not a rezoning but a new zoning for which the basis is the Fossil Creek
Reservoir Area Plan adopted by the City and County in 1999.
City Attorney Daggett displayed the standard from the Land Use Code for decisions of this type.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 031, 2017, on First Reading.
Councilmember Cunniff requested a follow-up memo on why this process is considered quasi-
judicial.
RESULT: ORDINANCE NO. 031, 2017, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
OTHER BUSINESS
City Manager Atteberry discussed the outreach process and options in the Ordinance regarding
the appropriate use of public spaces.
Councilmember Martinez suggested removing the time limit for sitting on benches from the
Ordinance.
Councilmember Campana suggested removing the prohibition of reclining or lying down on a
chair, bench or other objects designed for sitting.
Councilmember Martinez requested videos such as the rolling coal video be previewed for
language prior to public airing.
Councilmember Cunniff discussed a request he received from the Audubon Society to designate
the Poudre River urban corridor as an important bird area. He requested and received Council
support for staff to prepare a Resolution.
Councilmembers discussed the possibility of placing lockers for homeless residents in the
downtown area.
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ADJOURNMENT
The meeting adjourned at 12:31 AM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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February 28, 2017
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Special Meeting – 7:00 PM
ROLL CALL
PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Winkelmann
DISCUSSION ITEMS
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to go into
executive session for the purpose of meeting with the City's attorneys and City management staff
to discuss the following matters as permitted under City Code Section 2-31(a)(2) and Colorado
Revised Statutes Section 24-6-402(4)(b): (1) specifically related to litigation or potential
litigation regarding the City's public nudity ordinance; and (2) the manner in which particular
policies, practices or regulations of the City related to the City's public nudity ordinance may be
affected by existing or proposed revisions of federal, state or local law.
Councilmember Martinez noted the City Attorney's office needed more time to complete its
research into this matter.
RESULT: DEFEATED [3 TO 4]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Stephens, Campana, Troxell
NAYS: Martinez, Overbeck, Cunniff, Horak
ADJOURNMENT
The meeting adjourned at 6:03 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY April 18, 2017
City Council
STAFF
Russell Reed, Police Lieutenant
SUBJECT
Second Reading of Ordinance No. 029, 2017, Amending Chapter 15, Article XI of the Code of the City of Fort
Collins Related to the Regulation and Licensure of Dealers in Secondhand Property.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on February 21, 2017, updates and revises Article XI
of Chapter 15 of the Fort Collins City Code. Article XI addresses the regulation and licensure of dealers in
secondhand property within the City of Fort Collins. The proposed changes will update the outdated provisions
to comply with current state law, local practice and procedure, and fill in any gaps in the existing provisions.
Such changes include modifying the definition of a secondhand dealer to include a person who buys
secondhand property and eliminating the restriction on issuance or renewal of a license because of any felony
by the licensee, to be consistent with state law.
Changes to this Ordinance were made between First and Second Reading to: (1) clarify the definition of
secondhand property to exclude donated property, exclude cellular telephones passed between cellphone
carriers and their customers, and to further clarify that secondhand property is property “previously owned and
used by another person”; (2) place a limit of ten years on convictions in an applicant’s criminal history for which
they may be denied a Secondhand Dealer’s License; and (3) clarify that dealers must have a separate license
for each location at which they deal in secondhand property.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, February 21, 2017 (PDF)
2
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Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY February 21, 2017
City Council
STAFF
Russell Reed, Police Lieutenant
SUBJECT
First Reading of Ordinance No. 029, 2017, Amending Chapter 15, Article XI of the Code of the City of Fort
Collins Related to the Regulation and Licensure of Dealers in Secondhand Property.
EXECUTIVE SUMMARY
The purpose of this item is to update and revise Article XI of Chapter 15 of the Fort Collins City Code. Article XI
addresses the regulation and licensure of dealers in secondhand property within the City of Fort Collins. The
proposed changes will update the outdated provisions to comply with current state law, local practice and
procedure, and fill in any gaps in the existing provisions. Such changes include modifying the definition of a
secondhand dealer to include a person who buys secondhand property and eliminating the restriction on
issuance or renewal of a license because of any felony by the licensee, to be consistent with state law.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
A loophole in the current ordinance has allowed various entities to visit Fort Collins for short periods of time
such as a weekend, to purchase coins, valuable metals or other secondhand property, and to leave town, all
without adhering to the regulations and standards that apply to permanent secondhand property businesses.
The proposed addition of buyers to the definition of secondhand dealer will close this loophole.
The changes to definitions and restrictions on applicants bring the City Code into line with recent changes in
Colorado law.
The change requiring electronic record keeping eliminates the currently required antiquated system in which
police employees have to pick up paper slips from secondhand dealers and enter them by hand into the
system. All pawn stores currently use electronic reporting, and the majority of secondhand dealers do so
voluntarily. The service is free to businesses and provides real time entry of sold property which can be
matched to property reported stolen to detect potential criminal transactions.
CITY FINANCIAL IMPACTS
These proposed changes will reduce cost to the City by eliminating the need for employees to drive to
locations and pick up pawn slips for entry by hand into the tracking software.
PUBLIC OUTREACH
Detective Dave Grant personally contacted all of the permanent second hand dealers in the City and explained
the proposed changes and how electronic reporting works. He explained the current loophole that benefits out
of town “gold buyers” and how FCPS is trying to level the playing field for local businesses as well as update
the ordinance regarding law and technology. He also contacted every hotel that hosts out-of-town property
ATTACHMENT 1
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Attachment: First Reading Agenda Item Summary, February 21, 2017 (5484 : SR 029 Secondhand Property Dealers)
Agenda Item 9
Item # 9 Page 2
“buyers” to explain the proposed changes and what will need to be done for compliance to those changes.
Leadsonline is a current service that provides real-time entry of sold property which can be matched to
property reported stolen and only takes an internet connection to use and is free to businesses. Thus, the
impact on businesses is negligible while the benefits for local business and law enforcement alike are
significant.
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Attachment: First Reading Agenda Item Summary, February 21, 2017 (5484 : SR 029 Secondhand Property Dealers)
-1-
ORDINANCE NO. 029, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 15, ARTICLE XI OF THE CITY CODE RELATED TO THE
REGULATION AND LICENSURE OF DEALERS IN SECONDHAND PROPERTY
WHEREAS, Chapter 15, Article XI of the City Code addresses the regulation and
licensure of dealers in secondhand property within the City; and
WHEREAS, Fort Collins Police Services (“FCPS”) noticed a loophole in the current
Code provisions that excludes from the definition of “secondhand dealer” those businesses that
only boughtbuy secondhand property within the City but diddo not sell it within the City from
the definition of “secondhand dealer,” and therefore currently allows that activity without a
license or compliance with the City’s regulationspersons who just come into the City to buy
secondhand property and then sell that property at a location outside the City, to do so without a
secondhand dealers license and compliance with the City’s regulations applicable to secondhand
dealers; and
WHEREAS, FCPS therefore recommends modifying the definition of secondhand dealer
in Section 15-316 of the City Code to include any person who operates any portion of his or her
business within the City to buy secondhand property; and
WHEREAS, FCPS further recommends modifying the definition of secondhand dealer to
exempt out businesses that sell donated tangible personal property and telecommunication
providers selling cell phones; and
WHEREAS, in order to be consistent with state law, FCPS also recommends eliminating
the prohibition inmodifying Section 15-318 of the City Code on issuing or renewing a license to
a person who has been convicted of any felonyto add crimes, including felony property related
crimes and burglary, that bear a direct relationship between the crime and the licensee’s position
and responsibilities as a licensed secondhand dealer; and
WHEREAS, further FCPS recommends narrowing the scope of criminal histories to only
include ten years prior to submission of an application for a secondhand dealer license to allow
for persons that have been rehabilitated and are ready to accept the responsibilities of a law-
abiding and productive member of society; and
WHEREAS, in order to eliminate the use of outdated reporting methods, FCPS also
recommends amending Section 15-321 of the City Code to require secondhand dealers to
electronically transmit to FCPS reports of soldpurchased property that can be matched to records
of stolen property to detect criminal transactions; and
WHEREAS, FCPS also recommends amending the definition of “secondhand property”
to clarify that it is property “previously owned and used by another person” and to state in
Article XI that every secondhand dealer shall obtain a separate license for each business location;
and
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WHEREAS, the City Council believes that such amendments are in the best interest of
the citizens of Fort Collins and necessary for the public’s health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 15-316 of the Code of the City of Fort Collins is hereby
amended to read as follow:
Sec. 15-316. Definitions.
The following words, terms and phrases, when used in this Article, shall have the
meanings ascribed to them in this Section:
Barter shall mean to trade goods or services without the exchange of money.
Barterer shall mean a trader who exchanges goods and not money.
. . .
Flea market shall mean a temporary or permanent market place, indoors or outdoors,
wherein a booth or other space is provided by an owner or operator for a fee or
compensation, to a vendor to exhibit and offer secondhand goods for sale or barter to the
general public.
. . .
Secondhand dealer shall mean any person who operates any portion of his or her business
to buy, accepts on consignment, sell or barter secondhand property; and any owner or
operator of a flea market, provided, however, that this definition and the terms of this
Article shall not apply to the following:
(1) A person or organization selling or bartering secondhand property at an exhibition
or show which is intended to display and advertise a particular commodity or class of
product, including, but not limited to, antique exhibitions, firearm exhibitions, home and
garden shows and recreational vehicle shows;
(2) A person or organization that is charitable, nonprofit, recreational, fraternal or
political in nature or that is exempt from taxation pursuant to Section 501(c)(3) of the
Internal Revenue Code of 1986;
(3) A person buying, selling or bartering firewood, Christmas trees, plants, food
products, agricultural products, fungible goods, pets, or livestock;
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(4) A person buying, selling or bartering arts and crafts, but only if the arts and crafts
are jewelry or items crafted of gold, silver, or other precious metals, and are sold or
bartered by the artist or craftsman who created them, or his or her immediate family, or
his or her regular employees;
(5) A person accepting on consignment, selling or bartering secondhand property that
was not originally purchased by such person for resale, so long as such person does not
accept on consignment, sell or barter secondhand property more than five (5) weekend
periods in one (1) calendar year as verified by a declaration to be prepared by the seller.
For purposes of this Subsection, weekend period means during the period beginning
Friday through the immediately following Monday;
(6) An individual vendor renting a booth or space in a flea market, except that each
individual vendor shall be subject to the requirements in § 15-327.
(7) A person, organization or business that sells donated secondhand property.
Secondhand property shall mean the following items of tangible personal property
previously owned, tangible personal property and used by another person;
(1) Camera equipment, including, but not limited to: cameras, camera lenses, slide or
movie projectors, projector screens, flashguns, light meters, enlargers, tripods, binoculars,
telescopes, microscopes and video recording cameras and their components;
(2) Entertainment equipment, including, but not limited to: televisions, phonographs,
tape recorders, video recorders/players, radios, tuners, speakers, turntables, amplifiers,
musical instruments, record changers, citizens' band broadcasting units and receivers,
video game systems, video games, and compact disc players;
(3) Sporting goods and jewelry, including, but not limited to: skis, ski poles, ski
boots, ski bindings, in-line skates, snowboards, skateboards, golf clubs, guns, jewelry,
precious or semi-precious metals or stones, coins, luggage, boots and furs;
(4) Home/office equipment, including, but not limited to: typewriters, adding
machines, calculators, computers and any other computer components, portable air
conditioners, cash registers, copying machines, dictating machines, automatic telephone
answering machines, sewing machines, fax machines, cellular or mobile telephones and
pagers, but shall not include cellular or mobile telephones bartered, purchased or sold in
connection with a cell phone service contract provided by a telecommunications
provider;
. . .
Section 3. That Section 15-318(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
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Sec. 15-318. Application for secondhand dealer license; renewal; limitation on use;
appeals.
. . .
(b) No license shall be renewed or issued to the following persons under the
provisions of this Article:
(1) Subject to the provisions contained in Section 24-5-101, C.R.S., a person
who has been convicted of: any crime of which fraud or intent to defraud was an
element, whether in this State or elsewhere; any crime of embezzlement or
larceny against an employer or business; or any criminal conviction or civil
violation related to any law or ordinance pertaining to the secondhand dealer or
pawn industry;Subject to any applicable provisions of C.R.S. § 24-5-101, any
person that has been released within the ten (10) years immediately preceding the
application from any form of incarceration or court-ordered supervision, including
a deferred sentence, resulting from a conviction of: any property-related crime
that is a felony under federal law or the law of any state; any crime of which fraud
or intent to defraud was an element, whether in this State or elsewhere; any crime
of embezzlement, larceny or burglary against an employer or business; or any
criminal conviction or civil violation related to any law or ordinance pertaining to
the secondhand dealer or pawn industry;
. . .
(d) Each Llicenses shall be limited to use at a single business location as the premises
specified in the application and, therefore, a secondhand dealer with more than one (1)
business location must have a license for each location. No such lLicenses shall beare
not transferrable.
. . .
Section 4. That Section 15-320 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-320. Keeping of records required.
Every dealer licensed under this Article shall keep at his or her place of business an
accurate, detailed record of every article of secondhand property acquired by purchase,
consignment or barter. Such record shall include, and the seller, consignor or barterer
transacting with the dealer must provide at the time of the sale, consignment or barter, the
following:
(1) The name and date of birth of the consignor, seller or barterer;
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(2) The current street address of the consignor's, seller's or barterer's
residence;
(3) The date, time and place of the consignment, sale or barter, and the
purchase price or other monetary amount of the transaction;
(4) An accurate and detailed account and description of the item consigned,
sold or bartered, including, but not limited to, any and all trademarks,
identification numbers, serial numbers, owner-applied numbers, model numbers,
brand names or other identifying marks on such item;
(5) The identification number from any of the following forms of
identification of the consignor, seller or barterer:
a. An identification card issued in accordance with Section 42-2-302,
C.R.S.;
b. A valid state driver's license;
c. A valid driver's license containing a picture issued by another
state;
d. A military identification card;
e. A valid passport;
f. An alien registration card; or
g. A non-picture identification document issued by a state or federal
government entity, if in addition to the document, the secondhand dealer
also obtains a clear imprint of the consignor's, seller's or barterer's right
index finger (or in the event the right index finger is missing, then the
customer's left index finger).
(6) A written declaration of ownership obtained from and signed by the seller,
consignor or barterer in the presence of the secondhand dealer stating:
a. Whether the property that is the subject of the transaction is solely
owned by the consignor, seller or barterer and if not solely owned,
attaching a power of attorney from all co-owners of the property
authorizing the seller, consignor or barterer to sell or otherwise dispose of
such property;
b. How long the seller, consignor or barterer has owned the property;
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c. Whether the consignor, seller or barterer or someone else found the
property; and
d. If the property was found, a detailed description of the
circumstances under which the property was found.
(7) A declaration by the secondhand dealer that the secondhand dealer is the rightful
owner of the secondhand property and a description of how the secondhand dealer
obtained the property, including the serial number of such property, if available, or a
copy of the bill of sale of such property; and
(8) A declaration by the secondhand dealer that the secondhand dealer has knowledge
of the requirement that a record of the sale or barter be transmitted electronically to the
local law enforcement agency in a manner as determined by the Chief of Police, as
required by § 15-321 and by Section 18-13-114(1), C.R.S.
Section 5. That Section 15-321(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-321. Records to be sent to police and open to inspection.
(a) Every secondhand dealer shall make such record as required by § 15-320 upon
forms to be delivered to such dealer by Police Services or upon a reasonable facsimile
thereof, having been approved by the Chief of Police. A secondhand dealer shall transmit
electronically in a manner established by the Chief of Police the record of the
consignment, sale or barter to Police Services within three (3) days of the date of such
consignment, sale or barter and shall keep a paper copy of such record for at least three
(3) years after the date of the consignment, sale or barter.
. . .
Section 6. That Section 15-322 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-322. Records for sales tax collection for flea market sales.
(a) Every secondhand dealer or any person who is a dealer of new goods who is a
retailer and sells such goods at a flea market or similar facility or any nonpermanent
location shall keep and preserve suitable records of consignments, barters or sales made
and such other books or accounts as may be necessary to determine the amount of tax for
the collection of which the dealer is liable under Title 39, Article 26, Part 1, C.R.S.
(b) It is the duty of every such person to keep and preserve for a period of three (3)
years all invoices of goods and merchandise purchased for resale. All such books,
invoices and other records shall be open for examination at any time by the Executive
Director of the State Department of Revenue, said Director's duly authorized agents or
any peace officer.
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(c) In the case of flea markets and similar facilities in which secondhand property is
offered for sale, on consignment or barter, the operator thereof shall inform each
secondhand dealer of the requirements of this Article and shall provide the form for
recording the information required by § 15-320.
(d) In the case of flea markets and similar facilities in which secondhand property is
offered for sale, consignment or barter, the operator thereof shall record the name and
address of each secondhand dealer offering secondhand property for sale, consignment or
barter at the flea market or similar facility, and the identification number of such dealer as
obtained from any of the forms of identification enumerated in Paragraph 15-320(5).
Such record shall be mailed or delivered by the operator to Police Services within three
(3) days of the date the secondhand dealer offered secondhand property for sale,
consignment or barter at the flea market or similar facility. A copy of such record shall be
retained by each secondhand dealer offering secondhand property for sale, consignment
or barter at the flea market or similar facility.
Section 7. That Section 15-323 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-323. Notice; penalties.
Except in the case of flea markets and similar facilities as provided in this Article, every
secondhand dealer shall conspicuously post a notice to be provided by Police Services in
a place clearly visible to all buyers and barterers which sets forth the provisions of this
Article and of Sections 18-13-114 through 18-13-116, C.R.S., and which sets forth the
penalties for violating such sections and for violating Section 18-4-410, C.R.S.,
concerning theft by receiving. Such notification shall include information to the effect
that stolen property may be confiscated by any peace officer and returned to the rightful
owner without compensation to the buyer. Said notice may also include information
regarding any reimbursement policy of the dealer. In the case of flea markets and similar
facilities, the operator shall post the notice required by this Section in such a manner as to
be obvious to all persons who enter the flea market or similar facility.
Section 8. That Section 15-324(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-324. Certain property to be held and inspection of premises.
(a) Every secondhand dealer shall keep all secondhand property acquired by purchase
or barter for a period of thirty (30) days before it is sold and, during such period of time,
such property shall not be changed in form or packaging or altered in any other way;
provided, however, that serialized property, and stamped and assayed gold and silver
bullion and gold coins, may be sold or transferred after ten (10) days, so long as the
secondhand dealer records:
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(1) The identity and residential address of any person to whom the
secondhand dealer sells or transfers such property by any means provided for in
Paragraph 15-320(6), and
(2) The date, time and place of such sale or transfer.
. . .
Section 9. That Section 15-325 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-325. Purchase from minors prohibited.
No secondhand dealer shall acquire by purchase or barter any secondhand personal
property from any person under the age of eighteen (18) without the written consent of
their parent or legal guardian.
Section 10. That Section 15-328 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-328. Violations and penalties.
In addition to the revocation, denial or suspension of any license issued, any person who
shall violate any of the provisions of this Article, and any person who barters with a
secondhand dealer or any secondhand dealer who knowingly gives false information with
respect to the information required by § 15-320 shall be guilty of a misdemeanor,
punishable in accordance with § 1-15.
Introduced, considered favorably on first reading, and ordered published this 21st day of
February, A.D. 2017, and to be presented for final passage on the 18th day of April, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Passed and adopted on final reading on the 18th day of April, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Agenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY April 18, 2017
City Council
STAFF
Mark Jackson, PDT Deputy Director
SUBJECT
Second Reading of Ordinance No. 039, 2017, Appropriating Prior Year Reserves in the Transportation Fund
for Regional Contribution to Larimer County for North I-25 Improvements.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 28, 2017, appropriates Transportation
Reserve funds in the amount of $445,947, to be remitted to Larimer County as part of an annual regional
contribution of local matching funds for the Colorado Department of Transportation’s (CDOT) North I-25
Improvements Project. With Resolution 2016-077, adopted on October 4, 2016, Council authorized the Mayor
to enter into an intergovernmental agreement (IGA) with Larimer County and participating local agencies,
including the City, to contribute local matching funds for this purpose. This is the first of five annual installments
of these payments to Larimer County under the IGA. Local matching fund commitments accelerate the
improvements to I-25 in Northern Colorado.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, March 28, 2017 (w/o attachments) (PDF)
2. Ordinance No. 039, 2017 (PDF)
3
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Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY March 28, 2017
City Council
STAFF
Mark Jackson, PDT Deputy Director
SUBJECT
First Reading of Ordinance No. 039, 2017, Appropriating Prior Year Reserves in the Transportation Fund for
Regional Contribution to Larimer County for North I-25 Improvements.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate Transportation Reserve funds in the amount of $445,947, to be
remitted to Larimer County as part of an annual regional contribution of local matching funds for the Colorado
Department of Transportation’s (CDOT) North I-25 Improvements Project. With Resolution 2016-077, adopted
on October 4, 2016, Council authorized the Mayor to enter into an intergovernmental agreement (IGA) with
Larimer County and participating local agencies, including the City, to contribute local matching funds for this
purpose. This is the first of five annual installments of these payments to Larimer County under the IGA. Local
matching fund commitments accelerate the improvements to I-25 in Northern Colorado.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Council adopted Resolution 2015-100 (Attachment 1) on November 17, 2015, stating its support for a Larimer
County proposal to use increased County mill levy funds as a method to facilitate funding for Interstate 25 (I-
25) improvements. Larimer County proposed to temporarily reapportion part of its General Fund mill levy funds
to the County’s Road and Bridge Fund for a period of five years. These reapportioned funds are estimated to
generate a total of $10 million over the course of the five year period. The increase in the County Road and
Bridge Mill Levy revenues received by the City and the other municipalities will be available to fund
construction of roads and streets within their boundaries. The County proposed using these contributions as a
local match for improvements on the I-25 Corridor within Larimer County. All eight Larimer County
municipalities adopted resolutions supporting the proposal.
Council adopted Resolution 2016-077 (Attachment 2) on October 4, 2016, authorizing the Mayor to enter into
an IGA with Larimer County and other local agencies for the purpose of providing local funds to Larimer
County to be contributed to the North I-25 Corridor Improvements Project as described above. This regional
collaboration and agreement will result in $10 million of matching funds to help accelerate the project. The IGA
was fully executed on December 27, 2016 (Attachment 3). Fort Collins’ total contribution to this five year
funding commitment is $2,229,735. Fort Collins’ annual share of funds is $445,947 in each of the five years.
This appropriation request authorizes fulfillment of the first annual payment per the IGA.
The North I-25 Improvements project will begin construction in late 2017 and is scheduled to be completed by
December 2020. The $237 million project is funded using federal, state and local dollars. The project
boundaries are State Highway 14 (Mulberry Road) on the north and State Highway 402 in Loveland to the
south. It will add a third managed lane in each direction, make key improvements to bridges, connect the
regional bicycle/pedestrian trail under I-25, and provide an additional park and ride with bus slip ramps at
Kendall Parkway in Loveland. Improvements will help ease congestion, provide additional multi-modal capacity
ATTACHMENT 1
3.1
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Attachment: First Reading Agenda Item Summary, March 28, 2017 (w/o attachments) (5483 : SR 039 I-25 Appropriation)
Agenda Item 2
Item # 2 Page 2
for auto and bus traffic, make key bicycle/pedestrian trail linkages, and improve safety and stormwater issues.
(Attachment 4)
CITY FINANCIAL IMPACTS
Larimer County’s proposal does not modify the total mill levy, and does not decrease the amount of Road and
Bridge Levy funds currently received by the City of Fort Collins. Creation of a source of local match funding is
advantageous in order to take advantage of funding partnerships and grant opportunities that may arise to help
improve the I-25 corridor. This contribution, combined with additional commitments from regional agencies and
private development, results in $25 million identified and committed for local match. This regional collaboration
and commitment helped accelerate the schedule for I-25 improvements in Northern Colorado by fifteen years.
The City of Fort Collins’ Transportation Reserve Fund estimated balance at year end 2016 is $12.5 million. Of
those funds, approximately $6 million are undesignated and can be used for unforeseen needs. The local
share amount of Larimer County Road & Bridge Levy funds received by Fort Collins in 2016 was $1.05 million,
an increase of $500,000 over the amount received in 2015.
BOARD / COMMISSION RECOMMENDATION
Staff presented information related to the IGA with Larimer County as well as overall North I-25 Improvements
Project updates to the Transportation Board at their February and November 2016 meetings. Board response
was positive and supportive.
PUBLIC OUTREACH
The Colorado Department of Transportation (CDOT) held numerous open house meetings and provided
project information for many years about I-25 improvements, including the I-25 Environmental Impact
Statement (2011), and more recent improvements including the I-25/SH-392 interchange, Berthoud Hill
Climbing Lane project and Crossroad Boulevard Bridge Improvement project. City of Fort Collins has been an
active partner in CDOT efforts impacting Fort Collins.
ATTACHMENTS
1. Resolution 2015-100 (PDF)
2. Resolution 2016-077 (PDF)
3. North I-25 Funding IGA, December 27, 2016 (PDF)
4. I-25 Project Fact Sheet (PDF)
3.1
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Attachment: First Reading Agenda Item Summary, March 28, 2017 (w/o attachments) (5483 : SR 039 I-25 Appropriation)
-1-
ORDINANCE NO. 039, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE
TRANSPORTATION FUND FOR REGIONAL CONTRIBUTION
TO LARIMER COUNTY FOR NORTH I-25 IMPROVEMENTS
WHEREAS, on November 17, 2015, City Council passed Resolution 2015-100 stating its
support for a Larimer County proposal to use increased County mill levy funds as a method to
facilitate funding for Interstate 25 (I-25) improvements; and
WHEREAS, on October 4, 2016, City Council passed Resolution 2016-077 authorizing
the Mayor to enter into an Intergovernmental Agreement with Larimer County (the “IGA”) and
other local agencies for the purpose of providing local funds to Larimer County to be used as a
contribution to the North I-25 Corridor Improvements Project; and
WHEREAS, the IGA was signed by the parties and dated December 27, 2016; and
WHEREAS, the $237 million North I-25 Improvements project will begin construction in
late 2017 and is scheduled to be completed by December 2020; and
WHEREAS, the project boundaries are State Highway 14 (Mulberry Road) on the north
and State Highway 402 in Loveland to the south and the project will add a third managed lane in
each direction, make key improvements to bridges, connect the regional bicycle/pedestrian trail
under I-25, and provide an additional park and ride with bus slip ramps at Kendall Parkway in
Loveland; and
WHEREAS, the purpose of this item is to appropriate Transportation Fund reserves in the
amount of $445,947 to be remitted to Larimer County as part of an annual (five year) regional
contribution of local matching funds under the IGA for CDOT’s North I-25 Improvements
Project; and
WHEREAS, this is the first of five annual payments to Larimer County under the IGA,
with a total funding commitment from the City of $2,229,735; and
WHEREAS, Fort Collins received approximately $1.05 million in 2016 from the Larimer
County Road and Bridge Fund representing an incremental increase in revenue from increased
property valuations of approximately $500,000.00 for 2016; and
WHEREAS, the increase in the City’s share of the County Road and Bridge Mill Levy
revenues will be utilized to fund construction of roads and streets within its corporate boundaries
in accordance with C.R.S. §43-2-202(4), making other funds available from the City’s
Transportation Fund reserves for contribution to the Project; 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
3.2
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Attachment: Ordinance No. 039, 2017 (5483 : SR 039 I-25 Appropriation)
-2-
WHEREAS, City staff have determined that the appropriations as described herein are
available and previously unappropriated in the Transportation Fund; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated for expenditure from prior year reserves
in the Transportation Fund the sum of FOUR HUNDRED FORTY-FIVE THOUSAND NINE
HUNDRED FORTY-SEVEN DOLLARS ($445,947) for regional contribution to Larimer
County under the IGA for North I-25 Improvements.
Introduced, considered favorably on first reading, and ordered published this 28th day of
March, A.D. 2017, and to be presented for final passage on the 18th day of April, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 18th day of April, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
3.2
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Attachment: Ordinance No. 039, 2017 (5483 : SR 039 I-25 Appropriation)
Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY April 18, 2017
City Council
STAFF
Caleb Feaver, Civil Engineer I
Dean Klingner, Engineer & Capital Project Manager
SUBJECT
Second Reading of Ordinance No. 040, 2017, Appropriating Unanticipated Grant Revenue From the North
Front Range Metropolitan Planning Organization and the Colorado Department of Transportation in the Capital
Projects Fund for the Horsetooth Road and College Avenue Intersection Improvements Project.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 21, 2017, appropriates funds for the design,
right-of-way acquisition, and construction of the Horsetooth Road and College Avenue Intersection
Improvements Project. The City was approved for two federally funded grants: (1) from the North Front
Range Metropolitan Planning Organization category Surface Transportation Program, for operational and
safety improvements; and (2) a Highway Safety Improvement Program grant awarded through the Colorado
Department of Transportation. The grant applications were based on the addition of northbound and
southbound dual left turn lanes. Single left turn lanes currently exist for northbound and southbound traffic.
Additionally, the project may include right turn pockets, multi-modal improvements, median and landscaping
improvements, and pavement improvements.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, March 21, 2017 (w/o attachments) (PDF)
2. Ordinance No. 040, 2017 (PDF)
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Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY March 21, 2017
City Council
STAFF
Caleb Feaver, Civil Engineer I
Dean Klingner, Engineer & Capital Project Manager
SUBJECT
Items Relating to the Horsetooth Road and College Avenue Intersection.
EXECUTIVE SUMMARY
A. Resolution 2017-027 Authorizing the Execution of an Intergovernmental Agreement Between the City and
the Colorado Department of Transportation for the Horsetooth Road and College Avenue Intersection
Improvements Project.
B. First Reading of Ordinance No. 040, 2017, Appropriating Unanticipated Grant Revenue From the North
Front Range Metropolitan Planning Organization and the Colorado Department of Transportation in the
Capital Projects Fund for the Horsetooth Road and College Avenue Intersection Improvements Project.
The purpose of this item is to authorize the Mayor to sign an intergovernmental agreement to receive grant
funds (IGA), and to appropriate funds for the design, right-of-way acquisition, and construction of the
Horsetooth Road and College Avenue Intersection Improvements Project. The City was approved for two
federally funded grants, one through the North Front Range Metropolitan Planning Organization (“NFRMPO”),
category Surface Transportation Program (STP-Metro), for operational and safety improvements; and the
second a Highway Safety Improvement Program (HSIP) grant awarded through the Colorado Department of
Transportation (CDOT). The grant applications were based on the addition of northbound and southbound dual
left turn lanes. Single left turn lanes currently exist for northbound and southbound traffic. Additionally, the
project may include right turn pockets, multi-modal improvements, median and landscaping improvements, and
pavement improvements.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City Engineering Department completed an Arterial Intersection Prioritization Study in 2011, which listed
the Horsetooth Road and College Avenue intersection as one of the locations for needed safety and
operational improvements. Existing problems identified at this intersection include a high number of left turn
crashes for northbound and southbound traffic and heavy congestion during peak traffic periods. The project
will include multi-modal facility improvements in order to create a safer and more efficient intersection for all
types of users. According to the Arterial Intersection Prioritization Study, benefits will include delay reduction of
18.1 vehicle hours of travel per day and an estimated accident reduction of 25% (9.3 fewer accidents per
year).
The adopted Midtown in Motion Plan identifies conceptual traffic and multi-modal improvements at this
intersection. City staff will seek opportunities to incorporate identified improvements while balancing contextual
sensitivity and budget constraints. A Project location map is included as Attachment 1.
ATTACHMENT 1
4.1
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Attachment: First Reading Agenda Item Summary, March 21, 2017 (w/o attachments) (5482 : SR 040 Horsetooth/College Intersection)
Agenda Item 9
Item # 9 Page 2
Project Goals:
Improve safety for vehicle, bicycle, pedestrian and other multi-modal travel
Reduce congestion for vehicle travel
Upgrade the intersection to current Americans with Disabilities Act (ADA) standards
CITY FINANCIAL IMPACTS
The Ordinance authorizes the appropriation of unanticipated federal grant revenue from the STP-Metro Grant
and from the Highway Safety Improvement Program in the Capital Projects Fund for the Horsetooth Road and
College Avenue Intersection Improvements Project for design, right-of-way acquisition and construction of the
Horsetooth Road and College Avenue Intersection Improvements Project.
The grants become available in three different Colorado Department of Transportation fiscal years. The City
applied for the STP-Metro grant through the NFRMPO as part of the 2016-2019 Call for Projects. The STP-
Metro grant was awarded through a competitive process. The City applied for the Highway Safety
Improvement Program grant through the Colorado Department of Transportation, and was awarded the funds
through a competitive process.
The following table lists the funding sources and amounts associated with the grants and BFO funding:
Funding Summary
Funding Source Funding Amount
STP-Metro Grant $2,368,000
HSIP Grant $1,000,000
2017-2018 City Budget (BFO) Process $1,000,000
Total $4,368,000
Local matching funds for the grants in the amount of $603,361 will be applied from money previously
appropriated in the 2017-2018 City Budget. The grants are not eligible for Art in Public Places (APP) per
applicable regulations. However, APP for the local matching funds has already been appropriated.
Depending on final scope of improvements, current funding sources may not be sufficient for construction.
Staff is currently seeking additional funding opportunities, including grants and the CCIP ¼ cent sales tax
funding dedicated to arterial intersection improvements.
BOARD / COMMISSION RECOMMENDATION
The project will be presented to the Transportation Board for comment after the preliminary design phase is
completed.
PUBLIC OUTREACH
City staff will develop a project website through the Engineering homepage as the first resource for public
outreach. A detailed communication plan will be developed and implemented starting in the preliminary design
phase and continuing through construction. The communication plan will highlight milestone dates, affected
interests and specific outreach methods.
The project team will host one or more public open houses and keep the project website updated with current
information.
ATTACHMENTS
1. Project Location Map (PDF)
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-1-
ORDINANCE NO. 040, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE FROM THE
NORTH FRONT RANGE METROPOLITAN PLANNING ORGANIZATION
AND THE COLORADO DEPARTMENT OF TRANSPORTATION IN
THE CAPITAL PROJECTS FUND FOR THE HORSETOOTH ROAD AND
COLLEGE AVENUE INTERSECTION IMPROVEMENTS PROJECT
WHEREAS, the City Engineering Department completed an Arterial Intersection
Prioritization Study in 2011, which listed the Horsetooth Road and College Avenue intersection
as one of the locations for needed safety and operational improvements; and
WHEREAS, existing problems identified at this intersection include a high number of
left turn crashes for northbound and southbound traffic and heavy congestion during peak traffic
periods; and
WHEREAS, the City was approved for two federally funded grants, one through the
North Front Range Metropolitan Planning Organization (NFRMPO), category Surface
Transportation Program (STP-Metro), for operational and safety improvements of $2,368,000;
and the second a Highway Safety Improvement Program (HSIP) grant awarded through the
Colorado Department of Transportation (“CDOT”) of $1,000,000, contingent upon the City
entering into an Intergovernmental Agreement (“IGA”) with CDOT; and
WHEREAS, the IGA addresses the addition of northbound and southbound dual left turn
lanes, traffic signal improvements, and restriping; and
WHEREAS, local funds of $1,000,000 for this project were previously appropriated in
the 2017-2018 City Budget, including the required funding for the Art in Public Places program;
and
WHEREAS, the IGA requires the City to provide a $603,361 match; and
WHEREAS, the purpose of this Ordinance is to appropriate unanticipated grant revenue
for the design, right-of-way acquisition, and construction of the Horsetooth Road and College
Avenue Intersection Improvements Project; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year, provided that the
total amount of such supplemental appropriations, in combination with all previous
appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated
revenues to be received during the fiscal year; and
WHEREAS, City staff has determined that the appropriation of the revenue as described
herein will not cause the total amount appropriated in the Capital Projects Fund to exceed the
current estimate of actual and anticipated revenues to be received in that fund during any fiscal
year.
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Attachment: Ordinance No. 040, 2017 (5482 : SR 040 Horsetooth/College Intersection)
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated for expenditure from unanticipated grant
revenue in the Capital Projects Fund the sum of THREE MILLION THREE HUNDRED
SIXTY-EIGHT THOUSAND DOLLARS ($3,368,000) for the Horsetooth Road and College
Avenue Intersection Improvements Project.
Introduced, considered favorably on first reading, and ordered published this 21st day of
March, A.D. 2017, and to be presented for final passage on the 18th day of April, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 18th day of April, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
4.2
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Attachment: Ordinance No. 040, 2017 (5482 : SR 040 Horsetooth/College Intersection)
Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY April 18, 2017
City Council
STAFF
Carol Webb, Water Resources/Treatmnt Opns Mgr
Kevin Gertig, Utilities Executive Director
SUBJECT
Second Reading of Ordinance No. 042, 2017, Amending Chapter 26 of the Code of the City of Fort Collins to
Clarify the Acceptance of Water Certificates Issued Pursuant to an Agreement Dated May 10, 1971,
(Commonly Known as “Josh Ames Certificates”) to Meet Raw Water Requirements.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 21, 2017, amends certain sections of
Chapter 26 of the City Code to clarify how Josh Ames Certificates are used to meet the City Code raw water
requirements for treated water service. These Code amendments address issues concerning water
certificates the City issued under a May 10, 1971, agreement with The Josh Ames Ditch Company (Josh Ames
Certificates), which have and will otherwise continue to raise disputes with the holders of such certificates.
The phrase “commonly known as Josh Ames Certificates’” has been added to the title of the Ordinance for
clarity and ease of future reference.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, March 21, 2017 (w/o attachments) (PDF)
5
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Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY March 21, 2017
City Council
STAFF
Carol Webb, Water Resources/Treatmnt Opns Mgr
Kevin Gertig, Utilities Executive Director
SUBJECT
Items Relating to the Resolution of Issues Concerning Josh Ames Water Certificates.
EXECUTIVE SUMMARY
A. Resolution 2017-028 Authorizing the City Manager to Execute Agreements with the Holders of Water
Certificates Issued Pursuant to an Agreement Dated May 10, 1971.
B. First Reading of Ordinance No. 042, 2017, Amending Chapter 26 of the Code of the City of Fort Collins to
Clarify the Acceptance of Water Certificates Issued Pursuant to an Agreement Dated May 10, 1971, to
Meet Raw Water Requirements.
The purpose of this item is to comprehensively address issues concerning water certificates the City issued
under a May 10, 1971, agreement with The Josh Ames Ditch Company (Josh Ames Certificates), which have
and will otherwise continue to raise disputes with the holders of such certificates. As set forth in this item,
these issues and disputes are to be addressed through two related proposals. The first proposal is a
resolution authorizing the City Manager to enter into agreements with the holders of Josh Ames Certificates in
order to treat those certificates as being equivalent to three acre-foot rights per Josh Ames Certificate. The
second proposal is an ordinance amending certain sections of Chapter 26 of the City Code to clarify how Josh
Ames Certificates are used to meet the City Code raw water requirements for treated water service.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
BACKGROUND / DISCUSSION
Historical Background
The Josh Ames Irrigating Ditch (Ditch) was constructed in 1867 for irrigation purposes. A water right was
decreed to the Ditch (Josh Ames Water Right). The Ditch and the Josh Ames Water Right came under the
ownership of the Josh Ames Ditch Company (Josh Ames Company).
In the late 1960s and early 1970s, the City sought to increase its water supply to meet growing demands. The
City entered into an agreement, dated February 18, 1971, with the North Poudre Irrigation Company (North
Poudre). Pursuant to that agreement, North Poudre conveyed its interests in Joe Wright Reservoir and the
Michigan Ditch system to the City, and in exchange, the City agreed to provide North Poudre with the
equivalent of 3,355 acre-feet of water per year (or rights equivalent thereto).
ATTACHMENT 1
5.1
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Attachment: First Reading Agenda Item Summary, March 21, 2017 (w/o attachments) (5477 : SR 042 Water Certificate Code Chg)
Agenda Item 13
Item # 13 Page 2
The City used water attributable to the Josh Ames Water Right to meet part of this obligation to North Poudre.
The City acquired the Josh Ames Water Right from the Josh Ames Company pursuant to a May 10, 1971
agreement (Josh Ames Agreement). The City then changed the Josh Ames Water Right through a Water
Court proceeding so that North Poudre could use it. Specifically, the City changed the Josh Ames Water Right
in Water Court Case No. W-1424, in which the Water Court decreed that the Josh Ames Water Right can be
used in the North Poudre system, with the ten-year average annual diversions under the Josh Ames Water
Right not to exceed 1,757 acre feet. The City then conveyed the Josh Ames Water Right to North Poudre.
Terms of the Josh Ames Agreement
Under the Josh Ames Agreement, the Josh Ames Company agreed to convey the Josh Ames Water Right to
the City, and in exchange, the City agreed to deliver to the Josh Ames Company certain “water certificates”
(referred to here as “Josh Ames Certificates”). The Josh Ames Agreement provides that the owner of a Josh
Ames Certificate is entitled to use it, upon the annexation of land into the City, to fulfill the City’s water
furnishing requirement for one-eighth acre of land. Specifically, Paragraph 3 of the Josh Ames Agreement
states:
Each certificate will entitle the owner, upon annexation of property to The City of Fort Collins, to fulfill
any requirement for the furnishing of water imposed by The City of Fort Collins, in the ratio of one-eight
(1/8) acre of land for each certificate surrendered to the City. Each such certificate shall be accepted
by the City as fulfilling water requirements for annexation in the ratio of one certificate for each one-
eighth (1/8) acre of land annexed, whatever may be the requirements of present or future ordinances
effecting such annexation.
Paragraph 5 of the Josh Ames Agreement states:
Each certificate shall be freely transferable by the holder, by endorsement on the certificate itself; it
being the intent hereof that the certificate may be used to fulfill water requirements for any lands to be
annexed by the City, and not limited to lands now irrigated by the Josh Ames Ditch.
City Code at the Time of the Josh Ames Agreement
Under City Code at the time the Josh Ames Agreement was negotiated and executed, all premises requesting
original water service, including but not limited to properties included in all proposed annexations, had to
furnish water rights to the City in the amount of two acre-feet of water per acre to be served, or to make a cash
payment. Subsequent revisions to City Code in 1971 and 1974 increased the amount of water required to be
furnished to the City to four and a half acre-feet of water per acre to be served (net acres) though subdividers
also had the option to furnish to the City three acre-feet of water per acre if they calculated the total area of the
proposed subdivision, including all street, rights-of-way, common areas, parks and the like (gross acres).
Revisions to City Code After the Josh Ames Agreement
The City enacted Ordinance No. 123, 1983 on October 18, 1983. As stated in this Ordinance, the water
furnishing requirements based upon an acre-foot volume of water per acre of land to be served may be
insufficient to adequately compensate the City for the actual water usage of a development requiring water
service in certain circumstances. The Director of Water Utilities was thus empowered to determine that the
acreage-based requirements were inadequate to compensate the City for the actual water usage of a
development requiring water service, to determine the volume of raw water necessary to so compensate the
City, and to require the furnishing thereof.
The City enacted Ordinance No.012, 1984 on February 7, 1984. Through this Ordinance, the City replaced the
previous approach of requiring that applicants furnish water rights to the City based on a certain acre-foot
amount of water per acre to be served with a new approach that is still in use today. Under this new approach,
applicants for residential water service must furnish water rights to the City based on a formula factoring in the
number of dwelling units and the number of net acres. Applicants for nonresidential water service must furnish
water rights to the City based on their tap size or the applicant’s estimated peak annual use. For applicants for
5.1
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Agenda Item 13
Item # 13 Page 3
nonresidential water service, the amount of the water rights furnished to the City also becomes the basis for
the annual allotment for the applicant. When a nonresidential customer uses more water than the annual
allotment, a raw water surcharge is assessed on the volume of water used in excess of the annual allotment.
Neither ordinance expressly addressed Josh Ames Certificates.
Acceptance of Josh Ames Certificates
Josh Ames Certificates are thus based on the acreage of the subject land whereas City Code is not. The issue
of how to handle the use of Josh Ames Certificates under the Josh Ames Agreement and City Code to meet
City Code’s water furnishing requirement, now called the raw water requirement (RWR), has historically been
challenging for the City.
To address these challenges, staff developed an internal policy, dated October 16, 2006 (Policy) that outlined
two methods under which Josh Ames Certificates may be accepted.
The first method under the Policy is identified as the “Area Method.” Under the Area Method, the area of a
parcel is used to determine the number of Josh Ames Certificates required with each certificate satisfying the
RWR for one-eighth acre.
The second method under the Policy is identified as the “Acre-Foot Method.” Under the Acre-Foot Method, the
value of each Josh Ames Certificate is 0.5625 acre-foot per certificate. The 0.5625 acre-foot per certificate
value is based on a RWR of four and half acre-feet per acre of land to be served (net acres) divided by eight
Josh Ames Certificates needed per acre (4.5 acre-feet per acre / 8 certificates per acre). The RWR used in
this calculation was the largest historical RWR under the acreage-based approach. If the water furnishing
requirement of 2 acre-feet per acre in effect at the time of the Josh Ames Agreement were used, each Josh
Ames Certificate would only be worth 0.25 acre-feet. A total of 5,768 Josh Ames Certificates were originally
issued to shareholders of the Josh Ames Company pursuant to the Josh Ames Agreement. The 0.25 acre-feet
value per certificate thus closely aligns with the 1,757 acre-feet original yield of the Josh Ames Water Right.
The Policy was intended to provide clear guidelines to staff on how to apply Josh Ames Certificates to the
RWR under City Code. However, application of the Policy has not addressed all challenges, including the
application of annual allotments to nonresidential customers utilizing Josh Ames Certificates to satisfy the
RWR under the Area Method.
Proposed Agreement
Staff initially proposed amendments to City Code in 2015 (as discussed below) to expressly address the use of
Josh Ames Certificates to meet the RWR and related issues. Certain Josh Ames Certificate holders voiced
strong opposition to the proposed amendments. City staff engaged in discussions with certain certificate
holders over a period of approximately one year to discuss their concerns and potential alternative options. A
result of that discussion is a proposed agreement that provides current Josh Ames Certificate holders with up
to one year from the date of the below Code changes go into effect to have their Josh Ames Certificates
treated as being equivalent to three acre foot rights per Josh Ames Certificate. Josh Ames Certificates that are
not made subject to such an agreement within that period would be subject to clarifications outlined in the
proposed City Code amendments. Staff notes that the resolution authorizing the City Manager to enter into
such agreements with Josh Ames Certificate holders would be contingent upon the proposed Code changes
going into effect.
Proposed Code Changes
City Code does not expressly address how the acreage-based Josh Ames Certificates should be accepted to
meet the RWR. The proposed Code changes would expressly address this issue.
The proposed Subsection 26-149(g)(1) would expressly set forth how Josh Ames Certificates are to be
accepted to meet the RWR and how an annual allotment is to be applied. Pursuant to the terms of the Josh
Ames Agreement, this proposed subsection states that the City will continue to meet the RWR upon the
5.1
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Attachment: First Reading Agenda Item Summary, March 21, 2017 (w/o attachments) (5477 : SR 042 Water Certificate Code Chg)
Agenda Item 13
Item # 13 Page 4
annexation of land into the City, each certificate shall be accepted by the City as fulfilling the RWR in the ratio
of one certificate for each one-eighth acre of land annexed. The holders of Josh Ames Certificates thus
continue to benefit from the terms of the Josh Ames Agreement and the City continues to meet its obligations
under the Josh Ames Agreement.
Under Subsection 26-149(d), an annual allotment must be imposed on all nonresidential applicants applying
for water service after March 1, 1984. However, as discussed above, it is not entirely clear how the annual
allotment is to be calculated for applicants using Josh Ames Certificates to meet the RWR. Under City Code
Subsections 26-149(c)-(d), when an applicant is using a tap that is larger than two inches or has more than
one tap, the annual allotment is calculated based on the applicant’s estimate of peak annual use, as accepted
and approved by the Utilities Executive Director. It is not expressly clear under current City Code how the
annual allotment is to be calculated when an applicant has one tap two inches or smaller. The proposed
Subsection 26-149(g) applies the rationale of City Code Subsections 26-149(c)-(d) to all applicants using Josh
Ames Certificates to meet the RWR and states that an annual allotment must be imposed for applicants
requesting nonresidential water service that is equal to the applicant’s estimate of peak annual use on the
annexed land.
An applicant using Josh Ames Certificates to meet the RWR will still have to meet all other applicable
requirements and pay all other applicable fees for water service, such as water plant investment fees (WPIFs).
The Josh Ames Agreement contains a limitation that the City is only obligated to accept Josh Ames
Certificates upon annexation. The proposed Subsection 26-149(g) provides a one hundred day period, which
is based on the sum of the 90 day period during which land annexed into the City has to be zoned and the 10
day period after which ordinances typically go into effect. This also provides applicants with a reasonable
period of time of over three months to request water service under the Josh Ames Agreement.
The proposed Subsection 26-149(g)(2) would codify the City’s historical practice of accepting Josh Ames
Certificates when the City was not obligated to do so under the Josh Ames Agreement, such as at times when
land was not being annexed into the City. This subsection requires that Josh Ames Certificates be accepted
as equaling 0.5625 acre-feet of water, which is consistent with historical practice and conforms to the
reasonable expectations of the owners of Josh Ames Certificates. As noted above, the 0.5625 acre-feet of
water per certificate is also a significantly larger value than each certificate would be worth using the water
furnishing requirement in effect at the time the Agreement was executed.
CITY FINANCIAL IMPACTS
Continuing to accept Josh Ames Certificates utilizing the current processes has a negative financial impact on
the City. When Josh Ames Certificates are accepted by the City for new development, the City does not
receive cash or water rights to serve future development. Instead, the development must be served by current
financial and water resources.
In addition, the current approach does not allow the City to adequately plan for its raw water needs. When
Josh Ames Certificates are accepted using the “Area Method,” the acre-foot value of each certificate varies
significantly, which creates challenges for planning for supplies for future development. The proposed
agreement with Josh Ames Certificate holders and concurrently proposed Code amendments are intended to
address the current uncertainty regarding the acre-foot value of each certificate and the associated financial
impacts articulated above.
BOARD / COMMISSION RECOMMENDATION
The Water Board discussed the proposed Josh Ames City Code amendments in its October 15, 2015 meeting.
However, the Water Board did not make a recommendation pending the outcome of future discussions with
Josh Ames Certificate holders. Water Board will consider this item at its March 16, 2017, meeting.
5.1
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Agenda Item 13
Item # 13 Page 5
PUBLIC OUTREACH
Significant public outreach to known Josh Ames Certificate holders was conducted on this item in 2015,
including:
Direct communication with all known current and past Josh Ames Certificate holders and legal
representatives, either via email or phone.
Direct communication with Key Account Customers who have utilized Josh Ames Certificates with Utilities
in the past, via email and phone.
Public notice in the Coloradoan notifying the public of the proposed Code change. This ran from
September 8 through September 17.
Public open house on September 24, 2015, which included formal presentations explaining the proposed
Code change.
Following this outreach and throughout 2016, staff met with certain Josh Ames Certificate holders regarding
the City’s proposal and some potential options to address their concerns, which resulted in the proposed
agreement discussed above. Outreach conducted since that time is similar in nature to that conducted in 2015,
with the addition of articulating the agreement option for certificate holders. For instance, a meeting with Josh
Ames Certificate holders was held on March 2, 2017. To date, certificate holders who have contacted City
staff are amenable to the proposed agreement and associated Code amendments.
5.1
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Attachment: First Reading Agenda Item Summary, March 21, 2017 (w/o attachments) (5477 : SR 042 Water Certificate Code Chg)
-1-
ORDINANCE NO. 042, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS
TO CLARIFY THE ACCEPTANCE OF WATER CERTIFICATES ISSUED PURSUANT TO
AN AGREEMENT, DATED MAY 10, 1971, (COMMONLY KNOWN AS “JOSH AMES
CERTIFICATES”) TO MEET RAW WATER REQUIREMENTS
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 water utility, as set forth therein; and
WHEREAS, the City entered into an Agreement with the Josh Ames Ditch Company,
dated May 10, 1971, pursuant to which certain water certificates (the “Josh Ames Certificates”)
were created and pursuant to which the owners of such water certificates are entitled to use them,
upon the annexation of land into the City, to fulfill the City’s water furnishing requirement for
one-eighth acre of land; and
WHEREAS, in Ordinance No. 123, 1983, and Ordinance No. 012, 1984, the City Code
was amended to base the requirements for furnishing raw water for City water service on factors
other than the acreage of the subject land; and
WHEREAS, there has since been a lack of clarity regarding how the Josh Ames
Certificates are to be used to meet City’s raw water furnishing requirements under City Code;
and
WHEREAS, it is to the benefit of the City and to Utilities ratepayers to clarify City Code
regarding this matter in a manner consistent with the Agreement dated May 10, 1971; and
WHEREAS, the City Manager and City staff have recommended to the City Council that
the following changes be made.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 26-149 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-149. Raw water requirement; nonresidential service.
. . .
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(g) Notwithstanding any other provisions of this Division, water certificates issued by
the City under the Agreement, dated May 10, 1971, between the City and the Josh Ames
Ditch Company, shall be subject to the following:
(1) If such certificates are used to meet the RWR upon the annexation of land
into the City, each certificate shall be accepted by the City as fulfilling the RWR
in the ratio of one certificate for each one-eighth (1/8) acre of land annexed, and if
nonresidential service to the annexed land is requested, an annual allotment shall
be imposed that is equal to the applicant’s estimate of peak annual use on the
annexed land, provided that such estimate does not exceed the amount of water,
as determined by the Utilities Executive Director, that can reasonably be delivered
through the number and size of taps in the water service permit issued for the
annexed land, that such estimate is based on the applicant’s documented intended
use(s) of the annexed land, and that such estimate is first approved and accepted
by the Utilities Executive Director. For the purposes of this subsection, “upon the
annexation of land into the City” refers to the one hundred (100) day period
beginning on the day the ordinance of annexation is approved by Council on
second reading.
(2) If such certificates are used for purposes related to water service from
Utilities under this Section 26 at any time other than upon the annexation of land
into the City pursuant to the foregoing subsection, each certificate shall be
accepted by the City and calculated as equaling nine-sixteenths (9/16) acre foot of
water, and an annual allotment shall be imposed pursuant to this Section.
(h) Applicants seeking a temporary water connection under Subsection 26-120(e)(1)
shall meet the RWR and shall be assigned an annual allotment as set forth in this
Subsection. The RWR for such applicants shall be three times the maximum estimated
amount of water that would be applied to the subject native vegetation during one
irrigation season, as determined by the Utilities Executive Director. The annual allotment
shall for such applicants shall be the maximum estimated amount of water that would be
applied to the subject native vegetation during one irrigation season, as determined by the
Utilities Executive Director.
Section 3. That Section 26-150 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-150. Raw water requirements; satisfaction.
(a) The RWR imposed pursuant to this Division may be satisfied by one (1) or more
of the following methods:
(1) Water rights acceptable to the City may be transferred to the City. The
Water Board determines which water rights are acceptable to the City and
determines the appropriate conversion factors to be used in determining the yield
Packet Pg. 67
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from each of the acceptable sources. The determinations of the board are final and
conclusive.
(2) Water certificates issued by the City may be submitted in satisfaction of
the RWR. The value of each certificate shall be as stated on the face of the
certificate and pursuant to § 26-149(g), if and to the extent applicable.
. . .
Introduced, considered favorably on first reading, and ordered published this 21st
day of March, A.D. 2017, and to be presented for final passage on the 18th day of April, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 18th day of April, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY April 18, 2017
City Council
STAFF
Lawrence Pollack, Budget Director
Mike Beckstead, Chief Financial Officer
SUBJECT
Second Reading of Ordinance No. 047, 2017, Appropriating Funds Related to Additional 2017 Budget
Transfers to Meet Fund Accounting Requirements.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 21, 2017, authorizes moving of funding from
one fund to another. This action has no impact on service delivery of the programs and services funded in the
2017 Budget and there are no funding shortfalls. Rather, this appropriation moves funding from the fund
where the Offer was funded to the fund where the actual expenses will occur.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, March 21, 2017 (w/o attachments) (PDF)
2. Ordinance No. 047, 2017 (PDF)
6
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Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY March 21, 2017
City Council
STAFF
Lawrence Pollack, Budget Director
Mike Beckstead, Chief Financial Officer
SUBJECT
First Reading of Ordinance No. 047, 2017, Appropriating Funds Related to Additional 2017 Budget Transfers
to Meet Fund Accounting Requirements.
EXECUTIVE SUMMARY
The purpose of this item is to authorize additional appropriations for 2017 budget transfers required to
authorize moving the source of funding to the funds where the appropriations for the 2017 Budget were
actually approved. This action has no impact on service delivery of the programs and services funded in the
2017 Budget and there are no funding shortfalls. Rather, this appropriation moves funding from the fund
where the Offer was funded to the fund where the actual expenses will occur.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Governmental fund accounting adds complexities to our financial processes; one of which is transfers, or the
“double counting” referenced in the budget documents. There are a number of reports that are run during the
development of the budget that need to be reconciled to ensure that all funds supporting various offers in the
budget have the necessary appropriation to move that revenue into the fund where the expenses will be
incurred for those Offers.
The process documentation for the various steps of our budget process is comprehensive, but did not include
some steps traditionally completed by long term City staff. With staff retirement, the complete methodology for
balancing transfers of money between funds was inadvertently not documented in its entirety. When preparing
to load the adopted budget into our financial software system, it was discovered that two important reports
necessary to ensure all required transfers had been accounted for had not been completed and reconciled.
Thus, while all offers funded in the 2017 Annual Appropriation Ordinance are fully funded and there is no
adverse impact to City programs and services, this additional appropriation is necessary to move money from
one fund to another. For example, an intersection improvement project in the Capital Projects Fund that is
funded by the Transportation Fund needs an equivalent appropriation in both funds. This appropriation will
authorize the movement of some funding that needs to move from one fund to another.
The total net additional appropriation is $1,924,263. This is derived from a total new appropriation of
$2,482,970 that is offset by a decreased need for a capital projects transfer of ($558,707). This action would
increase the City’s total 2017 Budget, but since we exclude transfers when calculating the 2017 Net City
Budget, there is no change to the 2017 Net City Budget and there is no need for actual additional funding.
ATTACHMENT 1
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Attachment: First Reading Agenda Item Summary, March 21, 2017 (w/o attachments) (5479 : SR 047 Budget Transfers)
Agenda Item 5
Item # 5 Page 2
The process documentation has now been updated to ensure all necessary transfers between funds have
been identified going forward.
This agenda item was reviewed and discussed at the Council Finance Committee which recommended
this be brought forward for Council consideration on consent.
CITY FINANCIAL IMPACTS
Although this ordinance is an appropriation to move money from one fund to another, there is no financial
impact to the overall net 2017 City Budget. This appropriation is part of the double counting that is a technical
requirement of governmental fund accounting. This increased appropriation would be “backed out” when
calculating the net city budget and that is why there is no change to the 2017 Net City Budget adopted by
Council in November 2016.
6.1
Packet Pg. 71
Attachment: First Reading Agenda Item Summary, March 21, 2017 (w/o attachments) (5479 : SR 047 Budget Transfers)
-1-
ORDINANCE NO. 047, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING
FUNDS RELATED TO ADDITIONAL 2017 BUDGET TRANSFERS TO
MEET FUND ACCOUNTING REQUIREMENTS
WHEREAS, on November 15, 2016, the City Council adopted on second reading
Ordinance No. 126, 2016, approving the biennial budget for the years beginning on January 1,
2017, and January 1, 2018; and
WHEREAS, the purpose of this item is to authorize additional appropriations for 2017
budget transfers required to authorize moving the source of funding to the funds where the
appropriations for the 2017 Budget were actually approved; and
WHEREAS, this action has no impact on service delivery of the programs and services
funded in the 2017 Budget and there are no funding shortfalls; and
WHEREAS, the total net additional appropriation is $1,924,263 which is derived from a
total new appropriation of $2,482,970 offset by a decreased need for a capital projects transfer of
($558,707); and
WHEREAS, this action would increase the City’s total 2017 Budget, but since transfers
are excluded when calculating the 2017 Net City Budget, there is no change to the 2017 Net City
Budget and no need for additional funding for programs and services; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year, provided that the
total amount of such supplemental appropriations, in combination with all previous
appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated
revenues to be received during the fiscal year; and
WHEREAS, City staff has determined that the appropriation of the revenue as described
herein will not cause the total amount appropriated in the funds listed below to exceed the
current estimate of actual and anticipated revenues to be received in that fund during any fiscal
year.
WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to
transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof
from one fund or capital project to another fund or capital project, provided that the purpose for
which the transferred funds are to be expended remains unchanged; the purpose for which the
funds were initially appropriated no longer exists; or the proposed transfer is from a fund or
capital project in which the amount appropriated exceeds the amount needed to accomplish the
purpose specified in the appropriation ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
6.2
Packet Pg. 72
Attachment: Ordinance No. 047, 2017 (5479 : SR 047 Budget Transfers)
-2-
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2: That the following funds are hereby appropriated for expenditure in the funds
listed below.
2017 Proposed Additional Appropriations
Existing 2017
Budget
Amount of
Adjustment
Amended 2017
Budget
General Fund $152,285,306 $286,716 $152,572,022
General Improvement District 1 158,107 90,000 248,107
Transportation Fund 26,352,802 2,012,675 28,365,477
Utility CS&A Fund 17,210,746 93,579 17,304,325
Total new appropriation $2,482,970
Introduced, considered favorably on first reading, and ordered published this 21st day of
March, A.D. 2017, and to be presented for final passage on the 18th day of April, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 18th day of April, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
6.2
Packet Pg. 73
Attachment: Ordinance No. 047, 2017 (5479 : SR 047 Budget Transfers)
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY April 18, 2017
City Council
STAFF
Jin Wang, Civil Engineer
SUBJECT
Second Reading of Ordinance No. 048, 2017, Appropriating Unanticipated Grant Revenue from the Colorado
Off-System Bridge Program in the Capital Projects Fund for the Riverside Avenue Bridge Replacement
Project.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 21, 2017, appropriates unanticipated grant
funds in the Capital Projects Fund for the replacement of the Riverside Avenue Bridge because it is
progressing towards deterioration and does not have the desired load carrying capacity.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, March 21, 2017 (w/o attachments) (PDF)
2. Ordinance No. 048, 2017 (PDF)
7
Packet Pg. 74
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY March 21, 2017
City Council
STAFF
Jin Wang, Civil Engineer
SUBJECT
Items Relating to the Riverside Bridge Replacement.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 048, 2017, Appropriating Unanticipated Grant Revenue from the Colorado
Off-System Bridge Program in the Capital Projects Fund for the Riverside Avenue Bridge Replacement
Project.
B. Resolution 2017-031 Authorizing the Execution of an Intergovernmental Agreement (IGA) between the City
and the Colorado Department of Transportation (CDOT) for replacement of the Riverside Avenue Bridge.
The purpose of this item is to appropriate unanticipated grant funds in the Capital Projects Fund for the
replacement of the Riverside Avenue Bridge because it is progressing towards deterioration and does not have
the desired load carrying capacity. Additionally, this item authorizes the Mayor to execute an
Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (CDOT) related to the
grant funds.
The City of Fort Collins Engineering Department has applied for, and was awarded, a grant from the federally
funded Colorado Off-System Bridge Program in the amount of $1,156,000. The IGA between the City and
CDOT is for the replacement of the Riverside Avenue Bridge over Spring Creek.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
BACKGROUND / DISCUSSION
Bridges are an important element of the roadway network. A road will not be able to function if it is
disconnected because of a bridge that has failed. Based on federal bridge inspection standards, the Riverside
Avenue Bridge is identified as in need of replacement because the bridge is progressing towards deterioration
and does not have the desired load carrying capacity. Replacement of the Riverside Avenue Bridge will avoid
capacity and safety issues on the connected roads.
This bridge is a top priority for replacement. The City has received two grants totaling approximately $1.1M.
These grants are based on the cost to replace the existing bridge as-is. The previous BFO offer has been
approved to provide an opportunity to solve multiple problems simultaneously. These include: (1) raising the
bridge height to provide additional capacity in flood events, (2) increasing the low clearance and raising the
elevation of the frequently flooded Spring Creek Trail, and (3) adding sidewalk on the bridge.
The new bridge will include aesthetic improvements, and is currently scheduled to begin construction in the fall
of 2018 through the end of 2018.
ATTACHMENT 1
7.1
Packet Pg. 75
Attachment: First Reading Agenda Item Summary, March 21, 2017 (w/o attachments) (5481 : SR 048 Riverside Bridge Replacement)
Agenda Item 8
Item # 8 Page 2
CITY FINANCIAL IMPACTS
The City was awarded a grant from federally funded Colorado Off-System Bridge Program in the amount of
$1,156,000. The grant is for replacement of the Riverside Avenue Bridge near Edora Pool and Ice Center
(EPIC). The federal grant award has presented the opportunity to offset the cost of this bridge replacement and
free up the offset funds for the design of other high priority bridge projects. The grant is not eligible for Art in
Public Places (APP) per CDOT guidelines. However, APP for the local matching fund has already been
appropriated.
The total amount of this grant is $1,445,000, including the previously appropriated City match of 20% equaling
$289,000. The current project funding for the Riverside Avenue Bridge Replacement Project is $2,745,223,
which is to be funded as follows:
Federal Funds $1,156,000
Local Agency Matching Funds (2017 City Bridge Program) $ 289,000
City Funds (BFO Offer 1.4, 2017) $1,300,223
Total Federal and City Funds $2,745,223
Additional funds, if needed, will be funded out of the City Bridge Program.
PUBLIC OUTREACH
The Project Team has met with EPIC Center staff and City Utilities, who is doing the Spring Creek Stream
Restoration. They are also working with utility companies that have services over, under and through the
existing bridge. Public outreach will be intensified prior to and during construction of the replacement bridge.
ATTACHMENTS
1. Location map (PDF)
2. Bridge Conceptual Designs (PDF)
7.1
Packet Pg. 76
Attachment: First Reading Agenda Item Summary, March 21, 2017 (w/o attachments) (5481 : SR 048 Riverside Bridge Replacement)
-1-
ORDINANCE NO. 048, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE FROM THE
COLORADO OFF-SYSTEM BRIDGE PROGRAM IN THE CAPITAL PROJECTS
FUND FOR THE RIVERSIDE AVENUE BRIDGE REPLACEMENT PROJECT
WHEREAS, the City of Fort Collins Engineering Department has applied for and was
awarded a grant from the federally funded Colorado Off-System Bridge Program in the amount
of $1,156,000 for the replacement of the Riverside Avenue Bridge over Spring Creek; and
WHEREAS, based on federal bridge inspection standards, the Riverside Avenue Bridge
is identified as in need of replacement because it is progressing towards deterioration and does
not have the desired load carrying capacity; and
WHEREAS, local matching funds of $289,000 (20%) for the grant were previously
appropriated in the 2017-2018 City budget; and
WHEREAS, additional project funds of $1,300,223 were previously appropriated in the
2017-2018 City budget, including the required funding for the Art in Public Places program; and
WHEREAS, the $1,156,000 grant is unanticipated revenue requiring appropriation in
order to authorize its expenditure; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year, provided that the
total amount of such supplemental appropriations, in combination with all previous
appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated
revenues to be received during the fiscal year; and
WHEREAS, City staff has determined that the appropriation of the revenue as described
herein will not cause the total amount appropriated in the Capital Projects Fund to exceed the
current estimate of actual and anticipated revenues to be received in that fund during any fiscal
year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated for expenditure from unanticipated grant
revenue in the Capital Projects Fund the sum of ONE MILLION ONE HUNDRED FIFTY-SIX
THOUSAND DOLLARS ($1,156,000) for the Riverside Avenue Bridge Replacement Project.
7.2
Packet Pg. 77
Attachment: Ordinance No. 048, 2017 (5481 : SR 048 Riverside Bridge Replacement)
-2-
Introduced, considered favorably on first reading, and ordered published this 21st day of
March, A.D. 2017, and to be presented for final passage on the 18th day of April, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 18th day of April, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
7.2
Packet Pg. 78
Attachment: Ordinance No. 048, 2017 (5481 : SR 048 Riverside Bridge Replacement)
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY April 18, 2017
City Council
STAFF
Helen Matson, Real Estate Services Manager
SUBJECT
Second Reading of Ordinance No. 050, 2017, Amending Section 23-116 of the Code of the City of Fort Collins
Regarding Permits and Licenses to Enter on Real Property.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 21, 2017, amends Section 23-116 of the City
Code to authorize the City Manager to grant a permit or license for the use or occupation of any real property
owned in the name of the City for a period of up to five years. The existing language in the City Code specifies
that the City Manager may grant a permit or license for a period of up to one year.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, March 21, 2017 (w/o attachments) (PDF)
2. Ordinance No. 050, 2017 (PDF)
8
Packet Pg. 79
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY March 21, 2017
City Council
STAFF
Helen Matson, Real Estate Services Manager
SUBJECT
First Reading of Ordinance No. 050, 2017, Amending Section 23-116 of the Code of the City of Fort Collins
Regarding Permits and Licenses to Enter on Real Property.
EXECUTIVE SUMMARY
The purpose of this item is to amend Section 23-116 of the City Code to authorize the City Manager to grant a
permit or license for the use or occupation of any real property owned in the name of the City for a period of up
to five years. The existing language in the City Code specifies that the City Manager may grant a permit or
license for a period of up to one year.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In October 2009, Council adopted Ordinance No. 092, 2009, which authorized the City Manager to grant
licenses or permits for the use of any real property owned by the City for a period of time up to one year,
subject to revocation by the City Manager. Five years later, Council adopted Ordinance No. 085, 2014, which
granted authority to the City Manager to approve leasing of City property for a period of five years or less.
Currently, leases for more than five years and licenses for more than one year require City Council approval.
A license or permit is a temporary use of City property which can be terminated at the will of the City and does
not give exclusive use of the property. A lease does grant exclusive use of a property and may not be
terminated at will. The City Manager's authority is inconsistent between a license and a lease.
The City receives requests to use City property for more than one year. Currently, the City Manager needs to
receive authorization from City Council for these requests, even though the City Manager is authorized to
approve a lease of City-owned property for up to five years.
City staff recommends that this inconsistency in City Manager’s authority under the City Code be corrected by
amending Section 23-116 of the City Code to allow the maximum length of a permit or license approval from
one year to five years.
Per Section 23-116, the City Manager’s authority to issue a permit or license is not intended to take the place
of other administrative processes for approving the use of City property provided for in the Charter, City Code
or Land Use Code
CITY FINANCIAL IMPACTS
There will be no financial impact to the City from this change. The change would reduce the amount of staff
time required to process requests for permits longer than one year.
ATTACHMENT 1
8.1
Packet Pg. 80
Attachment: First Reading Agenda Item Summary, March 21, 2017 (w/o attachments) (5476 : SR 050 Permits/Licenses to Enter)
-1-
ORDINANCE NO. 050, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 23-116 OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING PERMITS AND LICENSES TO ENTER ON REAL PROPERTY
WHEREAS, Article XI, Section 10 of the City Charter authorizes the City Council to
grant a permit for the use or occupation of any street, alley or public place, with such permit
being revocable by the City Council at its pleasure; and
WHEREAS, on October 6, 2009, the City Council approved Ordinance No. 092, 2009,
giving authority to the City Manager to grant licenses or permits for the use or occupation of any
real property owned in the name of the City, on certain terms and conditions, for up to one year,
subject to revocation at the pleasure of the City Manager; and
WHEREAS, on July 1, 2014, the City Council approved Ordinance No. 085, 2014, which
granted authority to the City Manager to lease, for a definite term of five years or less, any
interest in real property owned in the name of the City; and
WHEREAS, a license or permit is a less significant right to use property than a lease,
because a license does not grant exclusive use of a property the way a lease does, and a license
can be terminated at the will of the property owner; and
WHEREAS, the City often receives requests for a license or permit to use a portion of
City property for more than one year, which requests must currently be approved by the City
Council, even though the City Manager could approve a more significant lease without City
Council approval; and
WHEREAS, in order to correct this inconsistency in the City Manager’s authority under
the City Code and facilitate the approval of minor licenses and permits for use of City property,
City staff is recommending that Section 23-116 of the City Code be amended to increase the
maximum length of a permit or license the City Manager can grant from one year to five years;
and
WHEREAS, the City Council finds it is in the best interests of the City to make the City
Manager’s authority to grant licenses and permits for the use of City property consistent in
duration with the City Manager’s authority to lease property.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 23-116 of the City Code is hereby amended to read as
follows:
Sec. 23-116. - Permits and licenses to enter on real property.
8.2
Packet Pg. 81
Attachment: Ordinance No. 050, 2017 (5476 : SR 050 Permits/Licenses to Enter)
-2-
(a) The City Manager is authorized to grant a permit or license for the use or occupation
of any real property owned in the name of the City, provided such use or occupation:
(1) will be completed no later than five (5) years from the effective date of the
permit;
(2) does not involve the installation of any permanent fixtures or improvements on
the property; and
(3) cannot be authorized entirely through other administrative processes provided
for in the Charter, Code or Land Use Code.
(b) Any such permit or license may include such conditions and requirements as the City
Manager deems necessary and appropriate to protect the interests of the City, and shall be
revocable at the pleasure of the City Manager, whether or not such right to revoke is
expressly reserved in such permit or license.
(c) The City Manager shall promptly notify the City Council of the granting of any
permit or license pursuant to this Section.
Introduced, considered favorably on first reading, and ordered published this 21st day of
March, A.D. 2017, and to be presented for final passage on the 18th day of April, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 18th day of April, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
8.2
Packet Pg. 82
Attachment: Ordinance No. 050, 2017 (5476 : SR 050 Permits/Licenses to Enter)
Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY April 18, 2017
City Council
STAFF
Judge Kathleen M. Lane, Municipal Judge
Carrie Daggett, City Attorney
SUBJECT
Public Hearing and Second Reading of Ordinance No. 052, 2017, Amending Chapter 19 of the Code of the
City of Fort Collins to Adopt the Colorado Rules of Civil Procedure to Govern the Procedures for Civil Actions
Filed in Municipal Court and to Add City Code Section 1-24 to Clarify that Civil Actions Arising Under the City's
Ordinances are not Intended to Create by Implication Claims for Monetary Damages for the Benefit of Third
Parties.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 28, 2017, adopts for Municipal Court the
Colorado Rules of Civil Procedure to be used to govern the procedures for civil actions filed in Municipal Court
that do not arise from violations of the City Charter or Code.
Three recitals have been added to this Ordinance between First and Second Reading to reflect the publication
of the notice of public hearing required in Article II, Section 7 of the City Charter. Such publication is required
when a code of laws, like the Colorado Rules of Civil Procedure, is being adopted by reference into the City
Code. The published Notice of Public Hearing has also been attached as Exhibit “A” to the Ordinance.
Sections 3 and 4 of the Ordinance have also been amended to clarify that the Municipal Court civil actions to
which the Colorado Rules of Civil Procedure will be applicable will not include any actions for violations,
offenses or infractions of City ordinances. The Ordinance already provides that these new procedural rules
are not applicable to actions for violations, offenses and infractions under the City Charter and Code.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, March 28, 2017 (w/o attachments) (PDF)
9
Packet Pg. 83
Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY March 28, 2017
City Council
STAFF
Judge Kathleen M. Lane, Municipal Judge
Carrie Daggett, City Attorney
SUBJECT
First Reading of Ordinance No. 052, 2017, Amending Chapter 19 of the Code of the City of Fort Collins to
Adopt the Colorado Rules of Civil Procedure to Govern the Procedures for Civil Actions Filed in Municipal
Court and to Add City Code Section 1-24 to Clarify that Civil Actions Arising Under the City's Ordinances are
not Intended to Create by Implication Claims for Monetary Damages for the Benefit of Third Parties.
EXECUTIVE SUMMARY
The purpose of this item is to adopt for Municipal Court the Colorado Rules of Civil Procedure to be used to
govern the procedures for civil actions filed in Municipal Court that do not arise from violations of the City
Charter or Code.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
As a home rule municipality, the City is granted in Article XX, Section 6.c. of the Colorado Constitution the
home rule power to create a municipal court and to define and regulate its “jurisdiction, powers and duties”. In
City Charter Article VII, Section 1, the City has created its Municipal Court and vested it “with original
jurisdiction of all causes arising under the City’s Charter and ordinances,” and further provides that the Court’s
“[r]ules of procedure . . . shall be enacted by the Council upon recommendation of the Municipal Judge”.
The City Council has previously adopted in Code Section 19-3 the “Colorado Municipal Court Rules of
Procedure” promulgated by the Colorado Supreme Court, which govern the procedures in municipal courts in
“municipal charter and ordinance violation cases,” and Council has also adopted various other rules of
procedure in Chapter 19, all related to governing the procedures in Municipal Court for the City’s prosecution
of misdemeanor, traffic, parking and civil violations, offenses and infractions under the City Charter, Code and
ordinances (collectively “Current Rules of Procedure”). In granting the Municipal Court “original jurisdiction of
all causes arising under the City’s Charter and ordinances,” the Court also has jurisdiction over causes arising
under the City Code that are unrelated to violations of the Charter or Code, for example this can include
jurisdiction to consider civil actions filed with the Municipal Court to challenge quasi-judicial decisions made by
City Council and other City officials.
The Current Rules of Procedure do not provide the necessary rules of procedure needed by the Municipal
Court to adequately, properly and expeditiously consider a civil action filed with it that does not involve a
violation of the Charter or Code and needed by the litigants in that civil action to guide them in presenting their
cases to the Court. The rules of procedure that would provide such adequate, proper and expeditious
procedures for the Municipal Court and the needed guidance to litigants are found in the Colorado Rules of
Civil Procedure adopted by the Colorado Supreme Court to govern the procedures in all civil actions filed in
Colorado’s district courts. Pursuant to Charter Article VII, Section 1, Municipal Judge Kathleen Lane has
ATTACHMENT 1
9.1
Packet Pg. 84
Attachment: First Reading Agenda Item Summary, March 28, 2017 (w/o attachments) (5480 : SR 052 Muni Court Rules)
Agenda Item 4
Item # 4 Page 2
recommended to the Council that it adopt the Colorado Rules of Civil Procedure for the Municipal Court to use,
as applicable, to govern the procedures for civil actions filed with it.
A civil action has recently been filed in Municipal Court to challenge a quasi-judicial decision Council rendered
in February denying an appeal from a decision of the Planning and Zoning Board granting a land use
application, so this Ordinance’s adoption of the Colorado Rules of Civil Procedures is being made retroactive
to January 1, 2017, so this newly filed civil action can proceed under these rules.
This Ordinance also adds a Section 1-24 to the Code to clarify that with respect to those civil actions filed in
Municipal Court over which it has jurisdiction, that the provisions of the Code are not intended to create by
implication for the benefit of any person not the City, a cause of action for monetary damages or amounts
unless made expressly clear in such provisions.
9.1
Packet Pg. 85
Attachment: First Reading Agenda Item Summary, March 28, 2017 (w/o attachments) (5480 : SR 052 Muni Court Rules)
-1-
ORDINANCE NO. 052, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 19 OF THE CODE OF THE CITY OF FORT COLLINS
TO ADOPT THE COLORADO RULES OF CIVIL PROCEDURE TO GOVERN
THE PROCEDURES AND TO ADD CITY CODE SECTION 1-24 TO CLARIFY
THAT CIVIL ACTIONS ARISING UNDER THE CITY’S ORDINANCES ARE NOT
INTENDED TO CREATE BY IMPLICATION CLAIMS FOR MONETARY
DAMAGES FOR THE BENEFIT OF THIRD PARTIES
WHEREAS, as a home rule municipality, the City is granted in Article XX, Section 6.c.
of the Colorado Constitution the home rule power to create a municipal court and to define and
regulate its “jurisdiction, powers and duties”; and
WHEREAS, in City Charter Article VII, Section 1, the City has created its Municipal
Court and vested it “with original jurisdiction of all causes arising under the City’s Charter and
ordinances,” and further provides that the Court’s “[r]ules of procedure . . . shall be enacted by
the Council upon recommendation of the Municipal Judge”; and
WHEREAS, the City Council has previously adopted in Code Section 19-3 the
“Colorado Municipal Court Rules of Procedure” promulgated by the Colorado Supreme Court,
which govern the procedures in municipal courts in “municipal charter and ordinance violation
cases,” and Council has also adopted various other rules of procedure in Chapter 19, all related to
governing the procedures in Municipal Court for the City’s prosecution of misdemeanor, traffic,
parking and civil violations, offenses and infractions under the City Charter, Code and
ordinances (collectively “Current Rules of Procedure”); and
WHEREAS, in granting the Municipal Court “original jurisdiction of all causes arising
under the City’s Charter and ordinances,” the Court also has jurisdiction over causes arising
under the City Code that are unrelated to violations of the Charter or Code, for example this can
include jurisdiction to consider civil actions filed with the Municipal Court to challenge quasi-
judicial decisions made by City Council and other City officials; and
WHEREAS, the Current Rules of Procedure do not provide the necessary rules of
procedure needed by the Municipal Court to adequately, properly and expeditiously consider a
civil action filed with it that does not involve a violation of the Charter or Code and needed by
the litigants in that civil action to guide them in presenting their cases to the Court; and
WHEREAS, the rules of procedure that would provide such adequate, proper and
expeditious procedures for the Municipal Court and the needed guidance to litigants are found in
the Colorado Rules of Civil Procedure adopted by the Colorado Supreme Court to govern the
procedures in all civil actions filed in Colorado’s district courts: and
WHEREAS, pursuant to Charter Article VII, Section 1, Municipal Judge Kathleen Lane
has recommended to the Council that it adopt the Colorado Rules of Civil Procedure for the
Municipal Court to use, as applicable, to govern the procedures for civil actions filed with it; and
Packet Pg. 86
-2-
WHEREAS, a civil action has recently been filed in Municipal Court to challenge a
quasi-judicial decision Council rendered in February denying an appeal from a decision of the
Planning and Zoning Board granting a land use application, so this Ordinance’s adoption of the
Colorado Rules of Civil Procedures is necessary to allow this newly filed civil action to proceed
under these rules; and
WHEREAS, this Ordinance also adds a Section 1-24 to the Code to clarify that with
respect to those civil actions filed in Municipal Court over which it has jurisdiction, that the
provisions of the Code are not intended to create by implication for the benefit of any person not
the City, a cause of action for monetary damages or amounts unless made expressly clear in such
provisions; and
WHEREAS, pursuant to the City Charter Article II, Section 7, City Council may enact
any ordinance which adopts a code by reference in whole or in part provided that before adoption
of such ordinance the Council hold a public hearing thereon and that notice of the hearing is
published twice in a newspaper of general circulation published in the City, with one of such
publications occurring at least eight (8) days preceding the hearing and the other publication
occurring at least fifteen (15) days preceding the hearing; and
WHEREAS, in compliance with Article II, Section 7, the City Clerk published in the Fort
Collins Coloradoan such notice of hearing concerning adoption of the Colorado Rules of Civil
Procedure on April 2, 2017, and April 9, 2017,; and
WHEREAS, attached as Exhibit “A” and incorporated herein by reference is the Notice
of Public Hearing dated April 2, 2017, that was so published and which the Council hereby finds
meets the requirements of Article II, Section 7 of the City Charter.
WHEREAS, the City Council hereby finds and determines, in the exercise of the City’s
home rule authority, that adoption of this Ordinance is necessary for the just, orderly and
expeditious resolution of civil actions filed in Municipal Court.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Chapter 1 of the Code of the City of Fort Collins is hereby amended
by the addition of a new Section 1-24 which reads in its entirety as follows:
Sec. 1-24. - No implied civil causes of action for damages.
The provisions of this Code and other City ordinances are not intended to create by implication
for the benefit of any person not the City any civil cause of action, right of action, chose in action
or any other kind of civil action or legal claim of liability for monetary damages or amounts.
Packet Pg. 87
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Any such civil action or legal claim for monetary damages or amounts created in this Code or
any City ordinance must be expressly stated and clearly intended in the Code provision creating
it.
Section 3. That Section 19-3 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-3. - Rules of procedure.
(a) The Colorado Municipal Court Rules of Procedure, as amended, the rules for traffic
infractions contained in Article IV of this Chapter, the provisions of this Chapter, and the
procedures adopted by the Municipal Judge which are not inconsistent therewith, are adopted
herein by reference and shall govern the procedures in the Municipal Court in all cases arising
from misdemeanor, traffic, parking and civil violations, offenses and infractions under the
Charter, and Code and City ordinances.
(b) The Colorado Rules of Civil Procedure, as amended, shall govern the procedures in
Municipal Court in all civil actions for a cause arising under the Charter, or Code and City
ordinances and as needed for the Municipal Court to determine whether it has jurisdiction over
a cause in a civil action, but not for actions for violations, offenses and infractions of the
Charter, or Code and City ordinances which are to be governed by the procedures established
in Subsection (a) of this Section. References to the district court in the Colorado Rules of Civil
Procedure shall be deemed to refer to the Municipal Court. In addition, the Municipal Court
shall liberally construe, administer and apply these rules as applicable in each civil action to
secure the just, speedy and inexpensive determination of that civil action. In these civil
actions, the Municipal Court shall be vested with the full authority to provide civil remedies,
including, without limitation, equitable, injunctive and declaratory relief and to award costs
and attorney fees to the full extent permitted by law. It shall also have the power in those
actions to compel the attendance of witnesses, to punish for contempt of court and to enforce
any award of equitable, declaratory or injunctive relief through its contempt power in
accordance with the applicable provisions of the Colorado Rules of Civil Procedure, as
amended.
Section 4. That the rules of procedure adopted in Code Section 19-3(b) of this
Ordinance shall be applicable as of the effective date of this Ordinance with respect to all civil
actions in Municipal Court as of the effective date of this Ordinancenot arising from violations of
the City’s Charter, Code or ordinances.
Introduced, considered favorably on first reading, and ordered published this 28th day of
March, A.D. 2017, and to be presented for final passage on the 18th day of April, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Passed and adopted on final reading on the 18th day of April, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 89
NOTICE OF PUBLIC HEARING
NOTICE is hereby given of a public hearing to be held before the City Council of the
City of Fort Collins, Colorado, on the 18th day of April, A.D., 2017 at 6:00 p.m., or as soon
thereafter as the matter may come on for hearing, in the Council Chambers at the City Hall, 300
LaPorte Avenue, Fort Collins, Colorado for the purpose of considering the adoption of an
ordinance adopting by reference the Colorado Rules of Civil Procedure promulgated by the
Colorado Supreme Court, located at 2 East 14
th
Avenue, Denver, Colorado 80203.
Not less than one (1) copy of said Code has been, and now is on file in the Fort Collins
City Attorney’s Office and one copy is on file in the Office of the City Clerk of the City of Fort
Collins and is available for public inspection.
The purpose of the adoption of the Colorado Rules of Civil Procedure by said ordinance
is to provide the rules of procedure that will govern those civil actions filed in the Fort Collins
Municipal Court that do not involve the prosecution of violations of the City Charter or
ordinance.
This notice is given and published by order of the City of Fort Collins, Colorado.
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 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Dated at Fort Collins, Colorado this 2nd day of April, A.D. 2017.
Wanda Winkelmann
City Clerk
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Attachment: Exhibit A (5491 : SR 052 Muni Court Rules - 2nd Reading Changes ORD)
Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY April 18, 2017
City Council
STAFF
Mark Jackson, PDT Deputy Director
SUBJECT
First Reading of Ordinance No. 053, 2017, Appropriating Prior Year Reserves in the Transportation Fund for
Consulting Services Related to Interstate 25 (I-25) Traffic Solution Efforts.
EXECUTIVE SUMMARY
The purpose of this item is to renew a one-year contract with a lobbying and communications firm (Capitol
Solutions) to advocate for solutions to Interstate 25 traffic congestion and to appropriate $30,000 from the
Transportation Fund reserves to pay for these services. City leaders are working in partnership with regional
partners to identify and pursue funding for the I-25 corridor in Northern Colorado. Numerous regional efforts,
initiatives, and actions have been taken or are underway to urge the Colorado legislature and Colorado
Department of Transportation (CDOT) to accelerate improvements to Interstate 25 (I-25) and find long-term
sustainable funding for the State’s transportation infrastructure needs. This $30,000 appropriation for services
will continue to augment and enhance regional efforts and ensure Fort Collins has representation in
discussions on I-25. This item supports the adopted recommendations of the 2011 North I-25 Environmental
Impact Statement (EIS), and also supports Council priority for I-25 funding; Strategic Plan Objectives:
Transportation 6.1, 6.4; and Council legislative priority re: I-25 funding.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Numerous efforts, initiatives, and actions have been taken or are underway to urge the Colorado legislature
and Colorado Department of Transportation (CDOT) to accelerate improvements to Interstate 25 (I-25). Plans
for road capacity and transit improvements were identified in the North I-25 Environmental Impact Statement
(2011), but funds needed to make these changes were not identified by CDOT in the foreseeable future. I-25 is
the key interstate linkage in Northern Colorado, and serves as a major freight route as well as traveler
connection between the Denver metro area to the south. Current infrastructure deficiencies, combined with
increasing travel demand on the corridor result in safety and congestion issues along the Northern Colorado I-
25 Corridor.
Sandra Hagen Solin, Founder and CEO of Capitol Solutions, was retained in 2016 by the FIX I-25 Coalition to
lead advocacy for solutions to I-25. The City contracts directly with Capitol Solutions for the purpose of I-25
advocacy, as do several other local agencies in Northern Colorado.
In 2016, Capitol Solutions held numerous conversations with CDOT officials, area legislators, legislative
leaders in both parties, the Governor’s office, and business associations around Colorado. As a result of that
work, transportation funding legislation was introduced during the 2017 General Assembly Session. In addition,
CDOT and the State of Colorado have committed funds necessary to make improvements to I-25 between SH-
14 (Mulberry) and SH-402 (south Loveland). Construction will begin in late 2017 and completion is expected by
end of 2020.
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Agenda Item 10
Item # 10 Page 2
CITY FINANCIAL IMPACTS
The City would appropriate $30,000 from Transportation fund reserves to continue to retain the services of
Capitol Solutions. Financial impact of this request to the City Transportation Fund reserves is negligible.
Failure to make improvements to the Northern I-25 Corridor may have an adverse economic impact on
Northern Colorado.
BOARD / COMMISSION RECOMMENDATION
The I-25 Improvements Project (as part of the 2011 North I-25 Environmental Impact Statement) was
presented to the Transportation Board. The Transportation Board received two briefings on the I-25 project in
2016 and one to date in 2017. No action was taken but feedback was positive.
PUBLIC OUTREACH
The I-25 Improvements Project (as part of the 2011 North I-25 Environmental Impact Statement) conducted
significant public outreach in Fort Collins. CDOT, in conjunction with other regional agency partners, will
continue to provide significant communication and information resources throughout the I-25 project using a
variety of media.
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ORDINANCE NO. 053, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE
TRANSPORTATION FUND FOR CONSULTING SERVICES
RELATED TO INTERSTATE 25 (I-25) TRAFFIC SOLUTION EFFORTS
WHEREAS, numerous efforts, initiatives, and actions have been taken or are underway
to urge the Colorado legislature and Colorado Department of Transportation (CDOT) to
accelerate improvements to North Interstate 25 (I-25); and
WHEREAS, plans for road capacity and transit improvements were identified in the
North I-25 Environmental Impact Statement from 2011, but funds needed to make these changes
are not identified by CDOT in the foreseeable future; and
WHEREAS, local governments and business organizations in the Larimer and Weld
County area have coalesced around the goal of securing funding to widen North I-25; and
WHEREAS, Sandra Hagen Solin, Founder and CEO of Capitol Solutions, was retained
by the FIX I-25 coalition to lead advocacy for solutions to I-25; and
WHEREAS, the Director of Purchasing and Risk Management as the City’s Purchasing
Agent has the authority pursuant to City Code Section 8-161 to approve an exemption to the
competitive bidding process; and
WHEREAS, the City seeks to renew a one-year contract and appropriate $30,000 for the
services of Capitol Solutions for the purpose of I-25 advocacy; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year, provided that the
total amount of such supplemental appropriations, in combination with all previous
appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated
revenues to be received during the fiscal year; and
WHEREAS, City staff have determined that the appropriations as described herein are
available and previously unappropriated in the Transportation Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated for expenditure from prior year reserves
in the Transportation Fund the sum of THIRTY THOUSAND DOLLARS ($30,000) for the
services of Capitol Solutions for the purpose of I-25 advocacy.
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Introduced, considered favorably on first reading, and ordered published this 18th day of
April, A.D. 2017, and to be presented for final passage on the 2nd day of May, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 2nd day of May, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 94
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY April 18, 2017
City Council
STAFF
Susie Gordon, Environmental Program Manager
SUBJECT
First Reading of Ordinance No. 054, 2017, Appropriating Prior Year Reserves in the General Fund for Waste
Reduction and Diversion Projects Approved as Part of the Waste Innovation Program.
EXECUTIVE SUMMARY
The purpose of this item is to shift $150,000 accumulated during 2016 in the Waste Innovation Fund account
into the City’s General Fund account for approved projects to develop new organizational processes that
enable departments to divert more waste material from landfill disposal.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City Manager created a fund in 2010 to pay for new projects that improve the City’s organizational ability
to divert waste generated by municipal activities from being disposed in the Larimer County landfill. Discarded
material and trash that City crews self-haul to the landfill is charged only 35 cents per cubic yard by Larimer
County Solid Waste Department, which is passed through in payment to the state for landfill regulatory
management and monitoring programs.
The balance of the regular “tipping fee” at the landfill ($6.05 per cubic yard) is placed in the City’s Waste
Innovation Program (WIP) fund. WIP revenues are received from 15 City departments that self-haul various
types of waste to the landfill in truckloads.
An interdepartmental group of employees participates in reviewing proposals that are received from
departments. Members of this group are also “waste reduction champions” throughout the organization and
communicate with crews about how to best apply Best Management Practices in City operations.
During 2017, four applications have been received (requesting nearly $60,000 in funding) for waste
reduction/recycling projects, ranging from the purchase of soils screening/recovery equipment to sanitizing
systems that kill bed-bugs, which may be present in mattresses and couches that are “dumped” on City rights-
of-way, thereby enabling some of these articles of furniture to be put back into use. During the remainder of
the year, additional projects that are proposed will also be eligible for funding from the Waste Innovation
Program.
CITY FINANCIAL IMPACTS
The appropriation will make $150,000 available for emerging City organization waste reduction projects. The
2017 expenditures include $59,250 to fund four projects that were submitted in Q1 for approval. Staff
proposals that are submitted to the Waste Innovation Program during Q2-4 will continue to be competitively
reviewed and awarded, thereafter enabling new cost-savings measures to be put into practice by field crews
throughout the organization.
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Agenda Item 11
Item # 11 Page 2
WIP funds are intended to help City departments reduce their trash sent to the landfill, thereby reducing costs
and methane emissions, extending the lifespan of the Larimer County landfill, and recovering reusable
products and commodities.
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ORDINANCE NO. 054, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND
FOR WASTE REDUCTION AND DIVERSION PROJECTS APPROVED
AS PART OF THE WASTE INNOVATION PROGRAM
WHEREAS, in 2010, the City created the Waste Innovation Program (the “WIP”) fund
where revenues collected for the program are held in a reserve account in the General Fund; and
WHEREAS, the funds are used to administer grants that allow City departments to
initiate new waste diversion and recycling projects with special attention to departments that
have larger quantities of waste that is self-hauled to the Larimer County Landfill; and
WHEREAS, an interdepartmental group of employees reviews proposals for
incorporating waste reduction, promoting recycling strategies, and awarding funds when requests
are received from participating City departments; and
WHEREAS, in 2017 to date four applications have been received (requesting $59,250 in
funding) for waste reduction/recycling projects, ranging from the purchase of soils
screening/recovery equipment to sanitizing systems that kill bed-bugs, which may be present in
mattresses and couches that are “dumped” on City rights-of-way, thereby enabling some of these
articles of furniture to be put back into use; and
WHEREAS, staff proposals that are submitted to the Waste Innovation Program during
the remainder of 2017 will continue to be competitively reviewed and additional projects that are
approved will be eligible for funding from the Waste Innovation Program; 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 have determined that the appropriations as described herein are
available and previously unappropriated in the General Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated for expenditure from prior year reserves
in the General Fund the sum ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) for
waste reduction and diversion projects to be approved as part of the Waste Innovation Program.
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Introduced, considered favorably on first reading, and ordered published this 18th day of
April, A.D. 2017, and to be presented for final passage on the 2nd day of May, A.D. 2017.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 2nd day of May, A.D. 2017.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 98
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY April 18, 2017
City Council
STAFF
Jon Haukaas, Operations Mgr-Water Engineer & Field Svc
Lance Smith, Utilities Strategic Finance Director
Kurt Friesen, Director of Park Planning & Development
Ken Sampley, Water Systems Engineering Manager
SUBJECT
First Reading of Ordinance No. 055, 2017, Appropriating Prior Year Reserves in the Storm Drainage Fund to
Perform Stream Rehabilitation Improvements on McClellands Creek in Connection with the Twin Silo Park
Development Project and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in
Public Places Program
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $454,500 from prior year reserves in the Storm Drainage Fund to
perform stream rehabilitation improvements on McClellands Creek and authorizing transfers to the Cultural
Services Fund for the Art in Public Places (APP) program in connection with the Twin Silos Park project.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City of Fort Collins has been constructing stream rehabilitation activities along McClellands Creek in
southeast Fort Collins as a joint effort between the Stormwater Utility and Parks Planning. The latest phase
includes approximately 2,200 linear feet of McClellands Creek within the new Twin Silo Park. The project
includes channel modifications to stabilize the channel and banks and improve the quality of the aquatic and
riparian habitat within McClellands Creek and its associated floodplain. The channel improvement activities will
realign portions of the channel, installing three riffle grade-control structures and bank protection, and grading
and stabilizing the channel banks.
Local development and the construction of Lady Moon Drive has increased flows and affected McClellands
Creek, resulting in increased sinuosity and severe degradation of the stream channel and banks between
Ziegler Road and Lady Moon Drive. Within the project area, erosion and undercutting is prevalent along the
channel banks.
McClellands Creek in the project area consists typically of a 3- to 10-foot-wide channel. Within the project area,
portions of the channel banks are eroded from 1 to 6 feet. Wetland vegetation has become limited to narrow
fringes along the channel edge or shallow terraces immediately adjacent to the active channel. The vegetation
along McClellands Creek primarily consists of dense stands of reed canarygrass, narrowleaf cattail wetlands,
and other prevalent herbaceous wetland vegetation. Scattered crack willow and cottonwood trees are also
present along the creek channel. Several of the trees in the project area are damaged or hollow. An
abandoned ditch lateral, the Dixon Canyon Lateral, branches off from McClellands Creek at the west end of
the project area on the north side of the creek. The ditch lateral consists of a dry upland vegetated swale.
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Agenda Item 12
Item # 12 Page 2
The Park's proposed recreation facility enhancements and site amenities were to be constructed concurrently
with the stream work under a single contract. The proposed enhancements and amenities include constructing
a designated creek play area, relocating two pedestrian bridges and constructing one raised pedestrian bridge
and one at-grade creek crossing, and installing three stormwater outfall structures at a total cost of $450,000.
The stream improvements and recreation facility enhancements address separate issues, but can be
constructed more economically and with less overall impact if designed and constructed concurrently.
In addition to committing reserves for the stream restoration, funds in the amount of $3,510 will be set aside in
the Storm Drainage Fund for the APP program for acquisition of artwork and $990 will be transferred to the
Cultural Services Fund to the APP program for ongoing maintenance of the art per §23-304 of the Code.
CITY FINANCIAL IMPACTS
As of December 31, 2015, available reserves in the Storm Drainage fund were $4.1M and are estimated to
increase slightly; therefore, adequate funding is available for this appropriation and required transfers to the
Cultural Services Fund for the APP program.
BOARD / COMMISSION RECOMMENDATION
The Water Board previously approved the Stream Rehabilitation Program. This reach of McClelland’s Creek
was prioritized for design and construction with the Twin Silos (previously referred to as Southeast Community)
Park in advance of the Stream Rehabilitation Program prioritization process. The project was a high priority
due to the necessity to construct it in coordination with the City Capital Improvement Project, the Twin Silos
Park.
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ORDINANCE NO. 055, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE STORM DRAINAGE FUND TO
PERFORM STREAM RESTORATION WORK ON MCCLELLANDS CREEK IN
CONNECTION WITH THE TWIN SILO PARK DEVELOPMENT PROJECT AND
TRANSFERRING APPROPRIATIONS TO THE CULTURAL SERVICES
AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM
WHEREAS, local development and the construction of Lady Moon Drive has
increased flows and affected McClellands Creek, resulting in severe degradation of the stream
channel and banks between Ziegler Road and Lady Moon Drive, causing erosion and
undercutting along the channel banks within the project area; and
WHEREAS, the City of Fort Collins has been constructing stream rehabilitation activities
along McClellands Creek in southeast Fort Collins as a joint effort between the Stormwater
Utility and Parks Planning; and
WHEREAS, City staff has recommended stream rehabilitation activities along
approximately 2,200 linear feet of McClellands Creek in the new Twin Silo Park (the “Park”),
including channel modifications to stabilize the channel and banks, and improve the quality of
the aquatic and riparian habitat within McClellands Creek and its associated floodplain, and to
mitigate storm drainage impacts and enhance stormwater management (collectively, the
“McClellands Creek Stream Restoration Project”); and
WHEREAS, the Park's proposed recreation facility enhancements and site amenities,
which will be constructed concurrently with the Project under a single contract, include
constructing a designated creek play area, relocating two pedestrian bridges, installing
stormwater outfall structures, and constructing one raised pedestrian bridge and one at-grade
creek crossing (the “Twin Silo Park Development Project”); and
WHEREAS, the McClellands Creek Stream Restoration Project and Twin Silo Park
Development Project address separate issues, but can be constructed more economically and
with less overall impact if designed and constructed concurrently; and
WHEREAS, the Water Board previously approved the Stream Restoration Program and
the Project has been prioritized due to the ability to construct it in coordination with the Park
Improvements Project; and
WHEREAS, Utilities is requesting $454,500 from the Storm Drainage Fund Reserves to
cover costs of the Project ($450,000) in conjunction with the Twin Silo Park Development
Project and the one percent (1%) required for the Art in Public Places Program (“APP”) under
City Code Section 23-304(a) ($4,500); 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
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available from reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated; and
WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to
transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof
from one fund (project) to another fund (project), provided that the purpose for which the
transferred funds are to be expended remains unchanged; and
WHEREAS, in accordance with Article XII, Section 6 of the City Charter, the
appropriation of reserves for the Project from the Storm Drainage Fund and the transfer of a
portion of those unexpended and unencumbered appropriated funds to the APP program
established by City Code Section 23-304(a) will be used for stormwater purposes and
improvements in connection with the Park Improvements Project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated for expenditure from prior year reserves
in the Storm Drainage Fund the sum of FOUR HUNDRED FIFTY FOUR THOUSAND FIVE
HUNDRED DOLLARS ($454,500) as follows:
Twin Silo Park Development Project (stream restoration
work on McClellands Creek)
$450,000
Art in Public Places Project (Artwork) 3,510
Art in Public Places Project (transfer to Cultural Services
Fund for APP Maintenance & Operations)
990
TOTAL $454,500
Section 3. That the unexpended appropriated amount of NINE HUNDRED AND
NINETY DOLLARS ($990) is authorized for transfer to the Art in Public Places Projects from
the Storm Drainage Fund to the Cultural Services and Facilities Fund and appropriated therein
for the Art in Public Places Program Maintenance and Operations
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Introduced, considered favorably on first reading, and ordered published this 18th day of
April, A.D. 2017, and to be presented for final passage on the 2nd day of May, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 2nd day of May, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 103
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY April 18, 2017
City Council
STAFF
Bob Poncelow, Fire Marshal
SUBJECT
Public Hearing and First Reading of Ordinance No, 056, 2017, Amending Chapter 9 of the Code of the City of
Fort Collins and Adopting by Reference the 2015 International Fire Code, with Amendments.
EXECUTIVE SUMMARY
The purpose of this item is to adopt the 2015 International Fire Code as amended. The International Code
Council (ICC) publishes updated codes every three years. The Poudre Fire Authority Board of Directors has
reviewed and approved this code package and is requesting the code be adopted as amended.
Poudre Fire Authority (PFA) is responsible for the enforcement and administration of the International Fire
Code (IFC) within the City of Fort Collins. Every three years, the IFC is updated by the International Code
Council (ICC) with the most recent update published in 2015. Poudre Fire Authority routinely reviews new
codes, proposes local amendments and then seeks adoption of the code changes by the City Council. The
proposed amendments, developed in conjunction with the local Fire Code Review Committee, include several
changes to the local code. There were a few significant changes to the published code including provisions
related to hyperbaric facilities, removal of abandoned wiring in plenums, protection of elevators for fire service
access and occupant evacuation, carbon dioxide systems and multi-story tents/membrane structures and
temporary stage canopies. Local amendments include new provisions limiting bon fire size, restricting solid
fuel outdoor fireplaces and fire pits at commercial properties and clarifying language to provide consistency
across PFA’s jurisdiction as well as the long standing local provisions for fire sprinkler protection and egress.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
At its April 2016 PFA Board meeting, the PFA Board adopted Resolution 16-6 appointing the Fire Code
Review Committee (FCRC). (Attachment 2) This volunteer committee was asked to review the 2015
International Fire Code (IFC) and the proposed amendments.
The FCRC completed its work on Thursday November 17, 2016 with a unanimous recommendation to adopt
the 2015 IFC along with the accompanying amendments. (Attachment 4) At its December 13, 2016, meeting
the PFA Board unanimously approved the IFC adoption and amendments with Resolution 16-16.
(Attachment 1)
The FCRC met for five months in order to review the IFC. PFA Fire Prevention staff participated in this review
with the FCRC, which included detailed discussions of every code chapter and section. Existing language and
new published changes to the IFC were reviewed along with current local and proposed IFC amendments.
This process provides both staff and committee members important insights about community issues/concerns
and the IFC. The work and commitment shown by the FCRC has provided PFA with a quality community
safety resource, tailored to local community needs.
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Agenda Item 13
Item # 13 Page 2
The FCRC reviewed all the proposed changes including changes that will be adopted as part of the 2015
International Building Code (IBC) adoption for the City of Fort Collins, including local amendments to the IBC.
Since Chapter 9 (Fire Protection Systems) and Chapter 10 (Means of Egress) is the same in the IBC and IFC
as published by the International Code Council (ICC) it is essential that local amendments between the IBC
and IFC be correlated and, as the building department is primarily tasked with the enforcement of Chapters 9
and 10, it makes sense for the IFC to be amended in the same way the local building official amended the IBC.
The 2015 IFC contains new provisions for the installation of alarms or ventilation where carbon dioxide (CO2)
is used for the dispensing of beverages. This section was amended locally to include all use of CO2 as there
is significant CO2 use in the marijuana industry within the PFA jurisdiction. This provision has the potential to
impact many businesses (especially food and beverage establishments) although the cost of the
detectors/alarms is relatively low and estimated to be around $150 per site that is often included as part of the
installation by the beverage distributer. This change is directly related to several incidents across the country,
including fatalities, where workers and subsequently responders were overcome in oxygen deficient
atmospheres.
The committee’s primary goal was the reduction of local amendments to the code. They were able to reduce
the total number, as well as focus the amendments that were brought forward on local community needs. It
would appear that this effort was a failure as there are a significant number of amendments, but many of them
resulted from a formatting change in the code that eliminated a table and resulted in individual amendments in
each occupancy type to achieve the same fire protection mandates that have existed locally in the Building and
Fire Codes since the 1980’s.
The Poudre Valley Fire Protection District (PVFPD) adopted the 2015 IFC at its February 27, 2017 meeting,
covering the unincorporated areas of Larimer and Weld Counties. The PVFPD adoption is currently awaiting
ratification by the Larimer and Weld County Commissioners. The Town of Timnath adopted the 2015 IFC with
amendments on second reading March 14, 2017. The amendments for these other adoptions are very similar
to this amendment package, with the primary differences being in the correlation of the amendments that were
made to the IBC by the other jurisdictions. Additionally, the restrictions on the sale and possession of
fireworks are not part of the PVFPD (Larimer and Weld County) Adoption.
CITY FINANCIAL IMPACTS
No financial impacts are anticipated.
BOARD / COMMISSION RECOMMENDATION
The Poudre Fire Authority Board of Directors reviewed these amendments at its December 16, 2016 meeting
and unanimously passed Resolution 16-16, recommending adoption of the 2015 IFC as amended to the City of
Fort Collins, Town of Timnath and the Poudre Valley Fire Protection District (PVFPD).
Adoption of the 2015 IFC as Amended has been unanimously recommended by the Fire Code Review
Committee (Attachment 4) and the Poudre Fire Authority Board of Directors. (Attachment 3)
PUBLIC OUTREACH
The Fire Code Review Committee was appointed by the PFA Board of Directors and provided a cross section
of code users and those impacted by the codes. This group met eight times and unanimously supported the
final adoption and amendments. The PFA Board of Directors reviewed and by resolution recommended that
the 2015 IFC as Amended be adopted by the City of Fort Collins, the Town of Timnath and the Poudre Valley
Fire Protection District. During open and advertised meetings, the Town of Timnath and the PVFPD have both
adopted the 2015 IFC as amended.
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Agenda Item 13
Item # 13 Page 3
ATTACHMENTS
1. PFA Board of Directors Resolution 16-16 (PDF)
2. Fire Code Committee (PDF)
3. PFA Board minutes, December 13, 2016 (PDF)
4. Fire Code Committee minutes, November 17, 2016 (PDF)
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ATTACHMENT 1
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Attachment: PFA Board of Directors Resolution 16-16 (5438 : Fire Code)
ATTACHMENT 2
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Attachment: Fire Code Committee (5438 : Fire Code)
POUDRE FIRE AUTHORITY
BOARD OF DIRECTORS MEETING
December 13, 2016
The Poudre Fire Authority Board of Directors met on December 13, 2016 at 8:30 a.m. at
new Station 8, 4800 Signal Tree Drive, Timnath, Colorado. Directors Mike DiTullio,
Gerry Horak, Kristin Stephens, Dave Pusey, and Darin Atteberry were present. Also
present were Fire Chief Tom DeMint, Budget and Finance Supervisor Kirsten Howard
and Recording Secretary Shawn Williams.
Pledge of Allegiance
Mike DiTullio called the meeting to order at 9:00 a.m.
Consent Agenda
1. November 15, 2016 Minutes
Dave Pusey asked that the November 15, 2016 Minutes be amended on Page 5, Item
8, to infer Gerry Horak stated he did not think the “survey” was a good idea.
Dave Pusey made a motion to approve the November 15, 2016 Minutes as amended.
Kristin Stephens seconded the motion. The motion passed by unanimous vote of the
Board.
Staff Report
Discussion Items
2. International Fire Code Recommendation
Bob Poncelow provided a PowerPoint Presentation on the 2015 International Fire Code.
Bob introduced guests Mike Gebo, Chief Building Official for the City of Fort Collins, and
Ned Sparks Fire Marshal for Loveland Fire & Rescue.
Darin Atteberry stated he has spoken with micro-distillery businesses, most of which are
very complimentary of PFA fire code requirements. Darin stated it is the desire of these
businesses that PFA continue to stay within current practices and not just the highest
restrictions that can be imposed.
Darin Atteberry asked Mike Gebo if he would like to comment. Mike Gebo stated he
was present in support of the adoption of the 2015 International Fire Code and advised
he will be coming before the Board next month with the 2015 International Building
Code.
ATTACHMENT 3
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Attachment: PFA Board minutes, December 13, 2016 (5438 : Fire Code)
PoudreFireAuthorityBoard12Ͳ13Ͳ16
Page2of3
Gerry Horak made a motion to pursue adoption of the 2015 International Fire Code and
Resolution 16-16. Kristin Stephens seconded the motion. The motion passed by
unanimous vote of the Board.
3. Written Agreement with Local 1945
Tom DeMint advised attorney Dino Ross helped guide PFA in the development of the
resolution for PFA to enter into a collective bargaining agreement with Local 1945. Mike
DiTullio stated he felt this was a great move and he was glad it is voluntary as the Board
represents management and employees and not choosing sides. Darin Atteberry stated
he appreciates the interest-based negotiations. Gerry Horak stated he felt the Board’s
interest was in the folks in the area who are paying property taxes. Gerry stated he did
not think it was the job of the Board to make sure labor is well represented but to make
sure the outcomes of labor are the best citizens get for their money. Tom DeMint stated
he agreed it is all about a high level of service to citizens.
Gerry Horak made a motion to approve Resolution No 16-17 to grant limited recognition
of Local 1945 to determine if a mutually acceptable collective bargaining agreement can
be developed. Darin Atteberry seconded the motion. The motion passed by unanimous
vote of the Board.
4. 800 MHz Radio Purchase
Mike Gress addressed the Board on the 800 MHz Radio Purchase. Mike advised
Motorola provided a substantial discount on the purchase of radios making the
purchase possible with current PFA available capital funds. Mike stated PFA has been
unsuccessful in receiving a grant for the purchase of radios. Mike stated that radios will
allow for individual radio assignment to each firefighter.
Gerry Horak made a motion to approve the 800 MHz Radio Purchase and Resolution
16-18. Kristin Stephens seconded the motion. The motion passed by unanimous vote
of the Board.
5. 2017 Budget
Ann Turnquist provided a PowerPoint Presentation on the 2017 Budget and the
changes made since the preliminary 2017 Budget was presented to the Board. Darin
Atteberry and Gerry Horak both asked staff to be more transparent about things like the
IT position going into next year’s budget process.
Darin Atteberry stated there was a significant change in salaries from 3.5 to 5.5 and
asked if there was a contract that skewed this? Ann Turnquist stated comparison
agency West Metro had signed a new contract with increases over a three year period.
Darin Atteberry stated he felt it is the tail wagging the dog, and PFA is vulnerable to
others who negotiate contracts.
Darin Atteberry stated he appreciates the budget process and that there were no
surprises and staff had kept the Board well informed. Darin commended Ann Turnquist
and stated she was doing an amazing job. Darin stated he was thankful for Ann’s
professionalism and competencies.
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Attachment: PFA Board minutes, December 13, 2016 (5438 : Fire Code)
PoudreFireAuthority
2015InternationalFireCode
ReviewCommitteeMeetingMinutes
November17,2016
11:00amto12:30pm
1. ChiefDeMintComments
Inattendance,TonyDeKrey,TerryFarrill,DustinDeBaere,GaryCantwell,Bob
Poncelow,ToddParker,AlanKee,SteveWimp,JohnHolcombe,SteveEberle
TomDeMintthankedthecommittee.
2. October6thmeetingreviewandquestions
Bobreviewedlastmeeting.Noonehadquestions.
3. ReviewofAmendmentPackage
Firstfewsectionsoftheamendmentpackageincludeboilerplatelanguageright
outoftheoldamendmentpackage.Oncetheattorney’sgetdonewithit,itmay
changealittle.
Copiesofthecodearenowgoingtobe$100.Items3,4,5and6areboilerplate.
Theboardofappealsgoestothebuildingdepartmentthatisusedforthatarea.
AnewSection114isadded.Acoupleweeksagotherewasanoilspillreported
byanoilcompany.Theysaiditwas150gallonsitwas150barrels.Intheold
UFC’stherewasarequirementforreportingnotonlyfiresbuthazardous
materialsspills.Thisiswhatisdrivingaddingthisbackintothecode.Wetook
theoldlanguageandnowhaveaddeditbackinbecausecurrentcodeonly
requiresfirestobereported.
Dwelling,DwellingunitandTownhousearenotgoingtobeinallamendment
packages,onlythecity.Thosedefinitionswillcoincidewiththejurisdictions.
Section307.2.2isaddedtoclarifybonfiresizelimitsandapprovedfuels.
Outdoorfireplacesandfirepitshasbeenrevisedtolimittheseappliancestogas
orliquidfuelsonlyatoccupanciesotherthanoneandtwofamilydwellingsand
includesexistingprovisionsforsafeoperation.
ATTACHMENT 4
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Attachment: Fire Code Committee minutes, November 17, 2016 (5438 : Fire Code)
Section308prohibitsallskylanterns.Section503isrevisedtoprovidea
referencetoAppendixDandtoestablishthelongͲtermminimumheightfor
overhangsandcanopies.
Section505includeschangestotheaddressingrequirementstoclarifyapproved
addressandwayfindingsignage.ThisisprimarilyrelatedtoMultiͲFamily
complexesandisanattempttostandardizeaddressingwithinacomplex.
Section507eliminatesoftheterm“reservoir”becausetheyarenotareliable
watersourceforfirefightinginourareaaswellasprovidingareferenceto
AppendixCandrevisinghydrantspacingtomeetlocalstandards.
Section605wasrevisedtomeetthelocalstandardsforSolarPVonroofsthat
weredevelopedinconjunctionwiththelocalinstallersandproviders.Section
609wasaddedtoprovideareferencetheNFPA96Standardforsolidfuel
cookingappliancesasthisisbecomingamorecommoncommercialcooking
appliance.
ThechangestoSections903.2.1through903.2.12provideupdatedcode
formattingchangesthatmaintainthelongstanding“5000squarefootrule”for
theinstallationofautomaticfiresprinklersystems.Priorversionsofthecode
includedatable(903)thatnolongeriscompatiblewiththecurrentcodeformat.
Thesechangesdonotchangethecurrentcode,butsimplychangethewayitis
wordedtobeclearerandmoreconsistent.
Section903.3.1.2isrevisedtocontinuetherestrictionsontheuseofNFPA13R
(residential)systemsandlanguageisincludedtoclarifywhentheuseofthese
limitedcoveragesystemsispermitted.Section904.12.6.4establishesthat
changingthepositionofcookingappliancesunderafireextinguishingsystem
canimpacttheoperationofthesystemandthereforemustbeevaluatedandthe
hoodextinguishingsystemmustmeetthestandard.Section907.2.11isaCity
IBCamendmentforsmokedetectorsthatrequiresretrofittingsmokedetection
inGroupRoccupanciesandisincludedinthefirecodetocorrelateandprovide
consistency.
ThePFAexperiencesveryfewunwanted(false)alarms(weonlyhaveabouta4Ͳ
5%ratefalsealarmratecomparedto15Ͳ20%nationally)andwetakeitvery
seriously.Staffisverydiligent,andfollowsuponthemeveryweek.
AmendmentstoChapter10aretakendirectlyfromtheamendmentsthatare
partoftheamendmentstotheIBCbyCityofFortCollins.Section1009.8was
revisedtoclarifylocalexpectationsfortwoͲwaycommunicationsystemsat
elevatorlobbies,whichwasanewsectioninthe2012IFCandIBC.This
requirementwascausingconfusionandissueswithinthedesignand
constructioncommunity.Thisprovisionrequiredatwowaycommunication
systematelevatorsandithascausedalotofconfusionforusandmanyothers.
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Attachment: Fire Code Committee minutes, November 17, 2016 (5438 : Fire Code)
Weworkedwiththebuildingdepartmentanddecidedthattheseareonly
requiredifitisanareaofrefuge.SteveE.(UCH)askedhowitaffectshealthcare
becausealotoftimesthosesystemsarerequired.Bobsaidthatthoseareasof
refugearedrivenbylifesafetycodenotbuildingcode.
Section5001exception10,Section5701.2andSection5704.3.3wereallrevised
toclarifythattheoperationofadistilleryincludingstorageinwoodenbarrels
andcaskscanbeinaccordancewiththeindustrystandardsaspublishedbythe
DistilledSpiritsCounciloftheUnitedStates(DISCUS).
Section5307isanewsectioninthe2015IFCtorequirealarmsorventilationfor
CO2storageanduseinbeveragedispensingwhenallowedquantitiesare
exceeded.Thisnewcodeisbasedonseveralincidentsacrossthecountrywhere
workersandemergencyresponderswereinjuredorkilledduetoO2deficient
atmosphereswhenleaksoccurred.Thissectionwasamendedtoeliminatethe
referencetobeveragedispensingsinceCO2useisalsocommonintheMarijuana
industryandthesameasphyxiationhazardsarepresent.
Chapter56ͲFireworksisamendedtocontinuetheprohibitionagainstthesale,
possession,oruseoffireworksinthecitylimits.Theserestrictionsarealsoin
placeinTimnathbutnotinunincorporatedareasofthePFAjurisdiction.
ReferencedStandards(Chapter80wasrevisedtoincludetheDISCUSstandard
andNFPA96asreferencedearlier.AppendixAisdeletedandAppendixB,Cand
Darerevisedentirelytocontinuecurrentprovisionforwatersupplyandaccess
relatedtothefiresprinklerprovisions(5,000squarefoot)thathavebeenpartof
thelocalamendmentsformanyyears.Minorchangesweremadeinaneffortto
bringthewatersupplyandaccessrequirementsforthePFA,LovelandFire
Rescue,Windsor/SeveranceFireandEstesFireDistrictintocloseralignment.
ThisincludedareductionofAerialFireAccessroadsfrom30feetto26feet.Two
minortyposinAppendixDwereidentifiedandcorrected.
AppendixF(HazardMarking–NFPA704M)wasagainadoptedandanew
AppendixLrelatingtoFirefighterAirReplenishmentsystemsinHighͲrise
buildingswasalsodiscussedandrecommendedforinclusionaspublished.
AdoptionofAppendixL.
JimL.followeduponsomethingNickHaweshadsaidatanearliermeetingabout
firelanesneedingtobededicatedeasement.Itwasdecidedtoleavethatas
partofthedevelopmentreviewprocessandstaffwouldworktodevelop
acceptablelanguageandprocesssinceitdoesnotclearlyfitintofirecode.
Discussionincludedtheadvantageofmakingitadedicatedeasementforfireor
emergencyaccesssothatin30yearsitisstilladedicatedemergencyaccess.
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Attachment: Fire Code Committee minutes, November 17, 2016 (5438 : Fire Code)
Bobsaidthecityhasstartedareviewofthedevelopmentreviewprocessand
thiswillbepartofthatdiscussion.
RonG.askedthecommitteeiftheprovisionsin5307dealingwithCO2should
includeallinertgassesandnotjustCO2.SteveE.saidthatothercompaniesare
startingtocomeupwithwaystouseCO2andotherinertgases.Bobsaidhe
doesn’thaveaproblemdoingthatbuttheCO2problemisthatitisheavierthan
airandthatispartoftheproblem.ForexampleNitrogenisverycommon,but
wearenotseeingtheissuesinceitdispersesmoreeasily.TonyD.saidheuses
similarstandardsoncampusforheliumasanexample.Bobsaidmaybeweneed
tolookatthequantityofgasusedifthosestandardskickin.Thecommittee
decidedtomaintainthecurrentproposedlanguagerelatingtoCO2butthatstaff
needstomonitorthisissuebeforethenextadoptioncycle.
4. NextSteps
AlanK.askedwhentheCountydraftwouldbedone.Bobstatedhewouldwork
withEriconthatbutitwouldbeafterthePVFPDadoptioninFebruary.Bobhas
tohavetheamendmentpackagereadyforthePFABoardDecember8thmeeting
andhewillstartgettingtheadoptionpackagesreadyfortheotherjurisdictions
alongwiththeRatificationsfortheCountyCommissioners(WeldandLarimer).
TheAuthorityBoardhasnoenforcementauthoritybutastheenforcingagency,
theyrecommendacodetotheadoptingjurisdictions.
ThePVFPDBoardwilladoptfortheenforcementoutsidetheCityofFortCollins
orTownofTimnath.WewillworkwiththeBuildingDepartmentstoincludeall
oftheirlocalamendmentsandaddthemtothedocument.Thehopeistohave
thecodetoCitycouncilinFebruaryorMarch.Questionswereraisedastothe
adoptionoutsideofanincorporatedjurisdiction.Bobexplainedthatafter
adoptionbythePVFPDBoard,thecodeisthenpresentedtotheCounty
Commissionerswhoratifythedocuments.Iftheydon’tratifyit,wecan’t
enforceithowevertheexistingcodestaysineffect.Commissionershavebeen
verysupportiveinthepastunlesstherearelocalrequirementsforresidential
sprinklersorrestrictionsonfireworks.Theseitemsusuallysolicitanegative
response,howeverinunincorporatedareas,theseprovisionsarenotchanging.
Hopefullybysecondquarterofnextyearwewillbeoperatingunderthe2015
code.Itgoesinforcebasedonwhattheadoptingentitystates.
Vote:Allpresentsupportedandendorsedthelocalamendmentpackageandthe
2015InternationalFireCodewitharecommendationtothePFABoardof
DirectorstorecommendthedocumentforadoptiontotheCityofFortCollins,
TownofTimnathandPVFPDBoard.
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Attachment: Fire Code Committee minutes, November 17, 2016 (5438 : Fire Code)
5. Thanks….BobexpressedtheappreciationofthePFAandinparticularthestaffof
CommunitySafetyandServiceforthetimeanddedicationthecommitteehad
madetotheprocess.Themeetingandprocesswasadjourned.
Meetingclosedat12:02
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Attachment: Fire Code Committee minutes, November 17, 2016 (5438 : Fire Code)
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ORDINANCE NO. 056, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 9 OF THE CODE OF THE CITY
OF FORT COLLINS AND ADOPTING BY REFERENCE THE
2015 INTERNATIONAL FIRE CODE, WITH AMENDMENTS
WHEREAS, the City has previously adopted the 2012 International Fire Code (“IFC”),
with amendments in order to minimize the human suffering and property loss from fire; and
WHEREAS, the 2015 edition of the IFC represents the most current version now
available; and
WHEREAS, a Fire Code Review Committee, formed by the Poudre Fire Authority
(“PFA”) in 2016 for the purpose of reviewing the 2015 IFC, has unanimously recommended that
the jurisdictions being served by the PFA adopt the 2015 IFC with certain amendments tailored
to the circumstances in Fort Collins and jurisdictions served by the PFA; and
WHEREAS, the Fire Prevention staff of the PFA, working in conjunction with the Fire
Code Review Committee, has also reviewed the 2015 IFC and the amendments proposed by the
Committee and has recommended that the jurisdictions being served by the PFA adopt the 2015
IFC with the local amendments; and
WHEREAS, at its December 13, 2016, meeting, the PFA Board of Directors approved
Resolution 16-16 recommending that the 2015 IFC with the local amendments be adopted by
those jurisdictions being served by the PFA; and
WHEREAS, the City Council has determined that it is in the best interests of the health,
safety and welfare of the City and its citizens that the 2015 IFC with the local amendments in
substantially the form recommended by the Fire Code Review Committee and the PFA staff be
adopted; and
WHEREAS, pursuant to the City Charter II, Section 7, City Council may enact any
ordinance which adopts a code by reference in whole or in part provided that before adoption of
such ordinance the Council hold a public hearing thereon and that notice of the hearing is
published twice in a newspaper of general circulation published in the City, with one of such
publications occurring at least eight (8) days preceding the hearing and the other publication
occurring at least fifteen (15) days preceding the hearing; and
WHEREAS, in compliance with Article II, Section 7, the City Clerk published in the Fort
Collins Coloradoan such notice of hearing concerning adoption of the 2015 International Fire
Code on April 2, 2017, and April 9, 2017; and
WHEREAS, attached as Exhibit “A” and incorporated herein by reference is the Notice
of Public Hearing dated April 2, 2107, that was so published and which the Council hereby finds
meets the requirements of Article II, Section 7 of the City Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
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Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 9-1 of the Code of the City of Fort Collins is hereby
repealed in its entirety and reenacted to read as follows:
Sec. 9-1. Adoption of the International Fire Code, 2015 Edition.
Pursuant to the authority conferred by Article II, Section 7 of the Charter and by Section
31-16-20l et seq., C.R.S., there is hereby adopted by reference as the fire code of the
City, for the purposes of safeguarding of life and property from fire and explosion
hazards arising from the storage, handling and use of hazardous substances, materials and
devices, and from conditions hazardous to life or property in the occupancy of buildings
and premises, International Fire Code, 2015 Edition, as promulgated by the International
Code Council. Except as any portion of this fire code is hereinafter added to, deleted,
modified or amended in this Chapter, this fire code shall include all articles and
appendices in the International Fire Code, 2015 Edition. Not less than three (3) copies of
this fire code shall be on file in the office of the Fire Marshal and may be inspected at
regular business hours and purchased from the Fire Prevention Bureau at a price not to
exceed one hundred dollars ($100.00) per copy. The provisions of this fire code shall be
controlling within the limits of the City of Fort Collins.
Section 3. That Section 9-2 of the Code of the City of Fort Collins is hereby
repealed in its entirety and reenacted to read as follows:
Sec. 9-2. Amendments, additions, and deletions.
The following articles, sections, divisions, subsections and appendices of the
International Fire Code, 2015 Edition, are hereby added, amended, deleted and
renumbered, except as noted, to read as follows:
(1) Section 101.1 Title is hereby amended to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of Fort
Collins, hereinafter referred to as “this code”.
(2) Section 103.4 Liability and 103.4.1 Legal defense are hereby amended to read as
follows:
103.4 Liability. The fire code official, member of the board of appeals, officer or
employee charged with the enforcement of this code, while acting for the jurisdiction, in
good faith and without malice in the discharge of the duties required by this code or other
pertinent law or ordinance, shall not thereby be rendered civilly or criminally liable
personally, and is hereby relieved from all personal liability for any damage accruing to
persons or property as a result of an act or by reason of an act or omission in the
discharge of official duties, unless such act or omission is willful and wanton, as provided
in the Colorado Governmental Immunity Act, CRS Section 24-10-101 et seq.
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103.4.1 Legal defense. Any suit or criminal complaint instituted against any officer or
employee because of an act or omission performed by that officer or employee in the
lawful discharge of duties and under the provisions of this code, unless such act or
omission is willful and wanton, as provided in the Colorado Governmental Immunity
Act, CRS Section 24-10-101 et seq., shall be defended by the legal representatives of the
jurisdiction until the final termination of the proceedings. The fire code official or any
subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in
pursuance of the provisions of this code; and any officer of the department of fire
prevention, acting in good faith and without malice, shall be free from liability for acts
performed under any of its provisions or by reason of any act or omission in the
performance of official duties in connection therewith.
(3) Section 108.1 Board of appeals established is hereby amended to read as follows:
108.1 Board of appeals established. In order to hear and decide appeals of orders,
decisions or determinations made by the fire code official relative to the application and
interpretation of this code, there shall be and is hereby created a board of appeals to be
known as the Fire Board of Appeals. The members of the City of Fort Collins Building
Review Board, as appointed from time to time, shall constitute the Fire Board of Appeals.
The board of appeals shall be appointed by the governing body and shall hold office at its
pleasure. The fire code official shall be an ex officio member of said board but shall not
have a vote on any matter before the board. The board shall adopt rules of procedure for
conducting its business, and shall render all decisions and findings in writing to the
appellant with a duplicate copy to the fire code official. Application for an appeal and all
process and procedures for an appeal shall be as stipulated in the International Building
Code, Section 113, as amended and adopted by the City of Fort Collins. This section shall
not be applicable to the appeal of fees or fine amounts, which shall be appealed to the
Fire Chief pursuant to established policies in accordance with Section 113.5 of this Code.
(4) Section 108.3 is hereby deleted in its entirety.
(5) Section 109.4 Violation penalties is hereby amended to read as follows:
109.4 Violation penalties. Persons who shall violate a provision of this code or shall fail
to comply with any of the requirements thereof or who shall erect, install, alter, repair or
do work in violation of the approved construction documents or directive of the fire code
official, or of a permit or certificate used under provisions of this code, shall be guilty of
a misdemeanor, punishable by a fine of not more than [AMOUNT] dollars or by
imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment
and upon conviction shall be subject to the penalties, costs and orders as provided by
Section l-15 of the City Code. Each day that a violation continues after due notice has
been served shall be is deemed a separate offense.
(6) Section 109.5 Work commencing before permit issuance is hereby added to read as
follows:
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109.5 Work commencing before permit issuance. In addition to penalties set forth in
Section 109.4, any person or firm who, before obtaining the necessary permit(s),
commences any construction of, or work on, a building, structure, fire protection system,
fire alarm system, fire extinguishing system that is not otherwise exempted from
obtaining a permit, shall be subject to a processing and penalty fine in addition to the
standard prescribed permit fee. Such additional fine shall be equal to the permit fee,
except that such fine shall not be less than $50 nor more than $1,000 for the first such
violation. A person or firm committing the same such violation repeatedly is subject to
processing and penalty fines equal to double the amount of the permit fee or double the
amount of the preceding violation, whichever is greater, for every same such subsequent
violation committed thereafter within any 180-day period.
(7) A new Section 114 Reporting of emergencies and false alarms is hereby added to read as
follows:
SECTION 114 - REPORTING OF EMERGENCIES AND FALSE ALARMS
114.1 General. Reporting of emergencies and false alarms shall comply with Section
114.
114.2 Reporting Emergencies. In the event a fire occurs or the discovery of a fire,
smoke or unauthorized release of flammable, combustible or hazardous materials on any
property occurs, the owner, owner’s authorized representative, or occupant shall
immediately report such condition to the fire department.
114.3 False Alarms. False alarms shall not be given, signaled or transmitted or caused
or permitted to be given, signaled or transmitted in any manner.
(8) Section 202, Definitions, is hereby amended or added in alphabetical sequence in the
following respects:
DWELLING. A building that contains one or two dwelling units used, intended or
designed to be used, rented, leased, let or hired out to be occupied for living purposes.
Dwelling shall mean a building used exclusively for residential occupancy and for
permitted accessory uses, including single-family dwellings, two-family dwellings and
multi-family dwellings. The term dwelling shall not include hotels, motels, homeless
shelters, seasonal overflow shelters, tents or other structures designed or used primarily
for temporary occupancy. Any dwelling shall be deemed to be a principal building.
DWELLING UNIT. A single unit providing complete, independent living facilities for
one or more persons, including permanent provisions for living, sleeping, eating, cooking
and sanitation. Dwelling unit shall mean one or more rooms and a single kitchen and at
least one bathroom, designed, occupied or intended for occupancy as separate quarters for
the exclusive use of a single family for living, cooking and sanitary purposes, located in a
single-family, two-family or multi-family dwelling or mixed-use building.
SLEEPING ROOM (BEDROOM). A habitable room within a dwelling or other
housing unit designed primarily for the purpose of sleeping. The presence of a bed, cot,
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mattress, or other similar furnishing used for sleeping purposes shall be prima facie
evidence that such space or room is a sleeping room. The presence of closets or similar
storage facilities shall not be considered relevant factors in determining whether or not a
room is a sleeping room.
TOWNHOUSE. A single-family dwelling unit constructed in as part of a group of three
two or more attached individual dwelling units, in which each unit extends from the
foundation to roof and with open space on at least two sides. each of which is separated
from the other from the foundation to the roof and is located entirely on a separately
recorded and platted parcel of land bounded by property lines, which parcel is deeded
exclusively for such single-family dwelling.
(9) A new subsection 307.2.2 Time and atmospheric restrictions is hereby added to read as
follows:
307.2.2 Time and atmospheric restrictions. Open burning shall only be performed
when time and atmospheric conditions comply with the limits set forth in the Open
Burning Permit.
(10) Section 307.4.1 is hereby amended to read as follows:
307.4.1 Bonfires. A bonfire shall not be conducted within 50 100 feet (15 240mm 30m)
of a structure or combustible material unless the fire is contained in a barbecue pit.
Conditions that could cause a fire to spread within 50 100 feet (15 240mm 30m) of a
structure shall be eliminated prior to ignition.
307.4.1.1 Bonfire Size. The fuel package pile for a bonfire must be approved prior to
ignition and shall not exceed 10 feet (3048 mm) in diameter and 8 feet (2438 mm) in
height unless approved by the fire code official. Based on atmospheric conditions,
location, adjacent structures, combustible materials or wildland fire danger ratings,
smaller fuel package piles may be required. Fuels for a bonfire shall be clean, dry
untreated wood products only. Fuel shall not be added to the bonfire once it is ignited
without prior approval of the fire code official.
(11) Section 307.4.3 Portable Outdoor fireplaces is hereby amended to read as follows:
307.4.3 Portable Outdoor fireplaces. Portable oOutdoor fireplaces shall be used in
accordance with the manufacturer’s instructions. and shall not be operated within 15 feet
(3048 mm) of a structure or combustible material. Outdoor fireplaces shall not be placed
closer to combustibles than stated in the manufacturer’s instructions. If the
manufacturer’s instructions are not available, or do not establish a distance requirement,
such fireplaces shall not be operated within 15 feet (4572 mm) of a structure or
combustible material. Outdoor fireplaces shall not be operated underneath a structure of
any type. Outdoor fireplaces shall be gas or liquid fueled.
Exception: Portable outdoor fireplaces used at one- and two-family dwellings may use
approved solid fuels if located at least 15 feet (4572 mm) from a structure or combustible
material.
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(12) Section 308.1.6.3 Sky lanterns is hereby amended to read as follows:
308.1.6.3 Sky lanterns. A person shall not release or cause to be released a tethered or an
untethered sky lantern.
(13) Section 503.1 Where required is hereby amended to read as follows:
503.1 Where required. Fire apparatus access roads shall be provided and maintained in
accordance with Sections 503.1.1 through 503.1.3 and Appendix D “Fire Apparatus
Access Roads”.
(14) Section 503.2 Specifications is hereby amended to read as follows:
503.2 Specifications. Fire apparatus access roads shall be installed and arranged in
accordance with Sections 503.2.1 through 503.2.8 and Appendix D “Fire Apparatus
Access Roads”.
(15) Section 503.2.1 Dimensions is hereby amended to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of
not less than 20 feet (6096 mm), exclusive of shoulders, except for approved security
gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less
than 13 14 feet 6 inches(4115 4267 mm).
(16) Section 505.1 Address identification is hereby amended to read as follows:
505.1 Address Identification. New and existing buildings or facilities shall be provided
with approved address identification. The address identification shall be legible, sized in
accordance with Table 505.1.3 and placed in a position that is visible from the street or
road fronting the property. Address identification characters shall contrast with their
background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers
shall not be spelled out. Each character shall be not less than 4 inches (102 mm) high
with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code
official, address identification shall be provided in additional approved locations to
facilitate emergency response. Where access is by means of a private road and the
building cannot be viewed from the public way, a monument, pole or other sign or means
shall be used to identify the structure. Address identification shall be maintained.
505.1.1 Addresses shall be assigned by the governmental entity having
jurisdiction (Fort Collins, Timnath, or County) and shall comply with the Larimer
County Street Naming and Addressing Standards as contained in the Larimer
County Urban Area Street Standards.
Table 505.1.3
Distance from street curb to building Letter/number size
1 - 100 feet 8 inches
1
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101 - 150 feet 10 inches
1
151 - 200 feet 12 inches
1
201 - 350 feet 14 inches
2
351 - 500 feet 16 inches
2
501 - 700 feet 20 inches
2
In excess of 700 feet As approved by the Fire Code Official
3
For SI: 1 foot = 304.8mm, 1 inch = 25.4 mm
1
8”- 12” numbers shall be a minimum 1” stroke
2
13”- 20” numbers shall be a minimum 1 ½” stroke
3
21” and larger shall have proportional strokes to ensure visibility
505.1.4 The address numerals for one and two family dwellings shall be a
minimum of four inches posted on a contrasting background. If bronze or
brass numerals are used, they shall only be posted on a black background for
visibility.
505.1.5 Monument signs may be used in lieu of address numerals on the building
as approved by the fire code official.
505.1.6 Buildings with multiple suites, apartments or units shall have the
individual suites, apartments or units provided with individual identification
numbers in sequential order. Suites, apartments or units located on the first floor
shall be identified by numbers within the 100 range or series; suites, apartments or
units located on the second
floor shall be identified by numbers within the 200
range or series; suites, apartments or units located on the third floor units shall be
identified by numbers within the 300 range or series. Higher floors shall follow
this same numbering scheme.
505.1.7 Buildings, either individually or part of a multi- building complex, that
have emergency access lanes on sides other than on the addressed street side,
shall have the address numbers and street name on each side that fronts the fire
lane.
505.1.8 Buildings that are addressed on one street, but are accessible from an
adjoining street, shall have the address number and street name on each side
that is adjacent to that other street.
505.1.9 Approved signage shall be provided in conspicuous locations within
buildings to provide clear direction to locate any suite, apartment or unit within
the building.
505.1.10 Multiple building complexes shall be provided with approved signage
as needed to direct first responders to individual buildings.
505.1.11 Multiple building complexes that have a single street address for the
entire complex shall utilize alpha or numeric characters to identify the individual
buildings. Such identification shall be assigned to the buildings in a sequential
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order following a clock-wise direction starting at the main entrance to the
complex.
(17) Section 507.2 Type of water supply is hereby amended to read as follows:
507.2 Type of water supply. A water supply shall consist of reservoirs pressure tanks,
elevated tanks, water mains or other fixed systems capable of providing the required
sustainable fire flow.
(18) Section 507.5 Fire hydrant systems and Section 507.5.1 Where required are hereby
amended to read as follows:
507.5 Fire hydrant systems. Fire hydrant systems shall comply with Sections 507.5.1
through 507.5.6 and Appendix C.
507.5.1 Where required. Where a portion of the facility or building hereafter
constructed or moved into or within the jurisdiction is more than 400 300 feet
(122 91 m) from a hydrant on a fire apparatus access road, as measured by an
approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the fire code official.
Exceptions:
1. For Group R-3 and Group U and one- and two-family dwelling
occupancies, the distance requirement shall be 600 400 feet (183 121 m).
2. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 m).
(18) Subsection 605.11.1.1 Roof access points is hereby amended to read as follows:
605.11.1.1 Roof access points. Roof access points shall be located in areas that do not
require the placement of ground ladders over openings such as windows or doors, and
located at strong points of building construction in locations where the access point does
not conflict with overhead obstructions such as tree limbs, wires or signs. All access
pathways required under this Section 605.11.1.1 shall be provided in a structurally strong
location on the building capable of supporting the live load of firefighters accessing the
roof.
(19) Subsection 605.11.1.2 Solar photovoltaic systems for Group R-3 buildings is hereby
amended to read as follows:
605.11.1.2 Solar photovoltaic systems for Group R-3 buildings. Solar photovoltaic
systems for Group R-3 buildings shall comply with Sections 605.11.1.2.1 through
605.11.1.2.5.
Exception: These requirements shall not apply to structures designed and
constructed in accordance with the International Residential Code.
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605.11.1.2.1 Size of solar photovoltaic array. Each photovoltaic array shall be limited
to 150 feet (45,720 mm) by 150 feet (45,720 mm). Multiple arrays shall be separated by a
3-foot-wide (914 mm) clear access pathway.
605.11.1.2.2 Hip roof layouts. Panels and modules installed on Group R-3 buildings
with hip roof layouts shall be located in a manner that provides a 3-foot-wide (914 mm)
clear access pathway from the eave to the ridge on each roof slope where panels and
modules are located. The access pathway shall be at a location on the building capable of
supporting the fire fighters accessing the roof.
Exceptions:
1. These requirements shall not apply to roofs with slopes of two units
vertical in 12 units horizontal (2:12) or less.
2. These requirements shall not apply to roofs where each panel/module
array area on the roof is 1,000 square feet (92.90 m²) or less in size, no
continuous section of panels/modules is larger than 150 feet (45.7 m) in
length or width, a clear access pathway of not less than 12-inch-width
(305 mm) is provided along each side of all horizontal ridges, and a clear
access pathway of not less than 30-inch-width (762 mm)is provided from
the eave to the ridge of one roof slope where panels/modules are located.
3. These requirements shall not apply to roofs where each panel/module
array area on the roof is 1,000 square feet (92.90 m²) or less in size, no
continuous section of panels/modules is larger than 150 feet (45.7 m) in
length or width, a clear access pathway of not less than 12-inch-width
(305 mm) is provided along each side of all horizontal ridges, and, where
panels/modules are to be placed on both sides of a hip, a clear access
pathway of not less than 18-inch-width (457 mm) is provided along each
side of such hip.
605.11.1.2.3 Single-ridge roofs. Panels and modules installed on Group R-3 buildings
with a single ridge shall be located in a manner that provides two, 3-foot-wide (914 mm)
access pathways from the eave to the ridge on each roof slope where panels and modules
are located.
Exceptions:
1. This requirement shall not apply to roofs with slopes of two units vertical
in 12 units horizontal (2:12) or less.
2. This requirement shall not apply to roofs where each panel/module array
area on the roof is 1,000 square feet (92.90 m²) or less in size, no
continuous section of panels/modules is larger than 150 feet (45.7 m) in
length or width, and a clear access pathway of not less than 12-inch-width
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(305 mm) is provided along each side of the horizontal ridge provided
that:
a. The total combined area of solar array does not exceed 33%, as
measured in plan view, of the total roof area of the structure; or
b. A 30-inch-wide (762 mm) clear access path is provided from the
eave to the ridge of a roof slope where panels/modules are located.
605.11.1.2.4 Roofs with hips and valleys. Panels and modules installed on Group R-3
buildings with roof hips and valleys shall not be located closer than 18 inches (457 mm)
to a hip or a valley where panels/modules are to be placed on both sides of a hip or
valley. Where panels are to be located on only one side of a hip or valley that is of equal
length, the panels shall be permitted to be placed directly adjacent to the hip or valley.
Exceptions:
1. These requirements shall not apply to roofs with slopes of two units
vertical in 12 units horizontal (2:12) or less.
2. These requirements shall not apply to roofs where a 30-inch-wide (762
mm) clear access pathway is provided from the eave to the ridge as well as
12-inch-wide (305 mm) clear access pathways along each side of any
horizontal ridge.
605.11.1.2.5 Allowance for smoke ventilation operations. Panels and modules installed
on Group R-3 buildings shall be located not less than 3 feet (914 mm) from the ridge in
order to allow for fire department smoke ventilation operations.
Exception: Panels and modules shall be permitted to be located up to the roof
ridge where an alternative ventilation method approved by the fire chief has been
provided or where the fire chief has determined vertical ventilation techniques
will not be employed.
(20) Subsection 605.11.2 Ground mounted photovoltaic arrays is hereby amended to read as
follows:
605.11.2 Ground-mounted photovoltaic arrays. Ground-mounted photovoltaic arrays
shall comply with Section 605.11 and this section. Setback requirements shall not apply
to ground-mounted, free-standing photovoltaic arrays. A clear, brush-free area of 10 feet
(3048 mm) shall be required for ground-mounted photovoltaic arrays with no vegetation
in this area exceeding 18 inches (457 mm).
(21) A new subsection 609.5 Solid-fuel fired cooking appliances is hereby added and reads as
follows:
Section 609.5 Solid-fuel fired cooking appliances. Solid-fueled commercial cooking
appliances shall comply with applicable provisions of NFPA 96.
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(22) Section 903.2.1.1 Group A-1 is hereby amended to read as follows:
903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for fire areas
containing Group A-1 occupancies and intervening floors of the building where one of
the following conditions exists:
1. The fire area exceeds 12,000 5000 square feet (1115 464.5 m
2
).
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than a level of exit discharge
serving such occupancies.
4. The fire area contains a multi-theater complex.
(23) Section 903.2.1.3 Group A-3 is hereby amended to read as follows:
903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for fire areas
containing Group A-3 occupancies and intervening floors of the building where one of
the following conditions exists:
1. The fire area exceeds 12,000 5000 square feet (1115 464.5 m
2
).
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than a level of exit discharge
serving such occupancies.
(24) Section 903.2.1.4 Group A-4 is hereby amended to read as follows:
903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for fire areas
containing Group A-4 occupancies and intervening floors of the building where one of
the following conditions exists:
1. The fire area exceeds 12,000 5000 square feet (1115 464.5 m
2
).
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than a level of exit discharge
serving such occupancies.
(25) A new Section 903.2.1.8 Group B is hereby added and reads as follows:
903.2.1.8 Group B. An automatic sprinkler system shall be provided for fire areas
containing Group B occupancies when the fire area exceeds 5000 square feet (464.5 m
2
).
(26) Section 903.2.3 Group E is hereby amended to read as follows:
903.2.3 Group E. An automatic sprinkler system shall be provided for Group E
occupancies as follows:
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1. Throughout all Group E fire areas greater than 12,000 5000 square feet
(1115 464.5 m
2
) in area.
2. Throughout every portion of educational buildings below the lowest level
of exit discharge serving that portion of the building.
Exception: An automatic sprinkler system is not required in any area below the
lowest level of exit discharge serving that area where every classroom throughout
the building has not fewer than one exterior exit door at ground level.
(27) Section 903.2.4 Group F-1 is hereby amended to read as follows:
903.2.4 Group F-1. An automatic sprinkler system shall be provided throughout all
buildings containing a Group F-1 occupancy where one of the following conditions
exists:
1. A Group F-1 fire area exceeds 12,000 5000 square feet (1115 464.5 m
2
).
2. A Group F-1 fire area is located more than three stories above grade
plane.
3. The combined area of all Group F-1 fire areas on all floors, including any
mezzanines, exceeds 24,000 square feet (2230 m
2
).
43. A Group F-1 occupancy used for the manufacture of upholstered furniture
or mattresses exceeds 2500 square feet (232 m
2
).
(28) A new Section 903.2.4.2 Group F-2 is hereby added and reads as follows:
903.2.4.2 Group F-2. An automatic sprinkler system shall be provided throughout all
buildings containing a Group F-2 occupancy where one of the following conditions
exists:
1. A Group F-2 fire area exceeds 5000 square feet (464.5 m
2
).
2. A Group F-2 fire area is located more than three stories above grade plane.
(29) Section 903.2.6 Group I is hereby amended to read as follows:
903.2.6 Group I. An automatic sprinkler system shall be provided throughout buildings
with a Group I fire area.
Exceptions:
1. An automatic sprinkler system installed in accordance with Section 903.3.1.2
shall be permitted in Group I-1 Condition 1 facilities.
2 1. An automatic sprinkler system is not required where Group I-4 day care
facilities are at the level of exit discharge and where every room where care is
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provided has not fewer than one exterior exit door and the fire area does not
exceed 5000 square feet (464.5 m
2
).
32. In buildings where Group I-4 day care is provided on levels other than the
level of exit discharge, an automatic sprinkler system in accordance with Section
903.3.1.1 shall be installed on the entire floor where care is provided, all floors
between the level of care and the level of exit discharge, and all floors below the
level of exit discharge other than areas classified as an open parking garage.
(30) Section 903.2.7 Group M is hereby amended to read as follows:
903.2.7 Group M. An automatic sprinkler system shall be provided throughout
buildings containing a Group M occupancy where one of the following conditions exists:
1. A Group M fire area exceeds 12,000 5000 square feet (1115 464.5 m
2
).
2. A Group M fire area is located more than three stories above grade plane.
3. The combined area of all Group M fire areas on all floors, including any
mezzanines, exceeds 24,000 square feet (2230 m
2
).
43. A Group M occupancy used for the display and sale of upholstered
furniture or mattresses exceeds 5000 square feet (464 m
2
).
(31) Section 903.2.9 Group S-1 is hereby amended to read as follows:
903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all
buildings containing a Group S-1 occupancy where one of the following conditions
exists:
1. A Group S-1 fire area exceeds 12,000 5000 square feet (1115 464.5 m
2
).
2. A Group S-1 fire area is located more than three stories above grade
plane.
3. The combined area of all Group S-1 fire areas on all floors, including any
mezzanines, exceeds 24,000 square feet (2230 m
2
).
43. A Group S-1 fire area used for the storage of commercial motor vehicle
where the fire area exceeds 5000 square feet (464 m
2
).
54. A Group S-1 occupancy used for the storage of upholstered furniture or
mattresses exceeds 2500 square (232 m
2
).
(32) Section 903.2.9.1 Repair Garages is hereby amended to read as follows:
903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout
all buildings used as repair garages in accordance with Section 406.8 of the International
Building Code, as shownfollows:
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1. Buildings having two or more stories above grade plane, including
basements, with a fire area containing a repair garage exceeding 10,000
5000 square feet (929 464.5 m
2
).
2. Buildings not more than one story above grade plane, with a fire area
containing a repair garage exceeding 12,000 5000 square feet (1115 464.5
m
2
).
3. Buildings with repair garages servicing vehicles parked in basements.
4. A Group S-1 fire area used for the repair of commercial motor vehicles
where the fire area exceeds 5000 square feet (464 m
2
).
(33) Section 903.2.10 Group S-2 enclosed parking garages is hereby deleted and a new
Section 903.2.10 Group S-2 is hereby added to read as follows:
903.2.10 Group S-2 enclosed parking garages. An automatic sprinkler system shall be
provided throughout buildings classified as enclosed parking garages in accordance with
Section 406.6 where either of the following conditions exists:
1. Where the fire area of the enclosed parking garage exceeds 12,000 square
feet (1115 m2).
2. Where the enclosed parking garage is located beneath other groups.
Exception: Enclosed parking garages located beneath Group R-3 occupancies.
903.2.10 Group S-2. An automatic sprinkler system shall be provided throughout all
buildings containing a Group S-2 occupancy where one of the following conditions
exists:
1. A Group S-2 fire area exceeds 5000 square feet (464.5 m
2
).
2. A Group S-2 fire area is located more than three stories above grade
plane.
Exception: open parking garages
(34) A new subsection 903.2.10.2 Group S-2 enclosed parking garages is hereby added to
read as follows:
903.2.10.2 Group S-2 enclosed parking garages. An automatic sprinkler system shall
be provided throughout buildings classified as enclosed parking garages in accordance
with Section 406.6 of the International Building Code where either of the following
conditions exists:
1. Where the fire area of the enclosed parking garage exceeds 5000 square
feet (464.5 m
2
).
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2. Where the enclosed parking is located beneath other groups.
Exception: Enclosed parking garages located beneath Group R-3 occupancies.
(35) Section 903.2.11.1.3 Basements is hereby amended to read as follows:
903.2.11.1.3 Basements. Where any portion of a basement is located more than 75 feet
(22 860 mm) from openings required by Section 903.2.11.1, or where walls, partitions or
other obstructions are installed that restrict the application of water from hose streams,
the basement shall be equipped throughout with an approved automatic sprinkler system.
(36) Section 903.3.1.2 NFPA 13R sprinkler systems is hereby amended to read as follows:
903.3.1.2 NFPA 13R sprinkler systems. Automatic sprinkler systems in Group R
occupancies up to and including four stories in height in buildings not exceeding 60 feet
(18 288mm) in height above grade plane shall be permitted to be installed throughout in
accordance with NFPA 13R Section 903.3.1.1.
Exception: NFPA 13R is allowed when the following conditions exist:
1. The building does not contain more than 6 individual dwelling units and the units
are separated from each other with a 1 hour fire wall.
2. The building does not contain more than 12 individual dwelling units and is
divided into no more than 6 individual dwellings units (complying with number 1
above) by a minimum 2 hour fire wall.
The number of stories of Group R occupancies constructed in accordance with Sections
510.2 and 510.4 of the International Building Code shall be measured from the horizontal
assembly creating separate buildings.
(37) A new Subsection 904.12.6.4 Existing automatic fire extinguishing systems is hereby
added to read as follows:
904.12.6.4 Existing automatic fire extinguishing systems. Where changes in the
cooking media, positioning of cooking equipment or replacement of cooking equipment
occur in existing commercial cooking systems, the automatic fire extinguishing system
shall be required to comply with the applicable provisions of Sections 904.12 through
904.12.4.
(38) Section 907.2.11 Single- and multiple-station smoke alarms is amended by adding a
second paragraph thereto to read as follows:
When one or more sleeping rooms are added or created in existing Group R Occupancies,
the entire building shall be provided with smoke detectors located and installed as
required for new Group R occupancies described herein.
(39) A new subsection 907.8.6, is hereby added to read as follows:
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907.8.6 Excessive False Alarms. An excessive number of false alarms shall be defined
as 2 alarm activations for a fire alarm system within a 60 day period provided that any
such activations are not the result of a cause reasonably beyond the control of the owner,
tenant or operator of the building. In the event of an excessive number of false alarms, the
fire code official may order the building owner, tenant or operator of the building, or
party responsible for the building to take reasonable actions necessary to prevent false
alarms. These actions may include: repair or replacement of the faulty alarm components,
addition of tamper proof devices, modification of system design, and repair of other
building components which affect alarm system performance. The fire code official may
also require the building owner, tenant or operator or party responsible for the building to
obtain an approved maintenance contract with a qualified fire alarm maintenance
technician as required by NFPA 72 to provide continuous maintenance service of the
system.
(40) Section 1009.3 Stairways, Exceptions are amended to read as follows:
Exceptions:
1. Exit access stairways providing means of egress from mezzanines are permitted as
part of an accessible means of egress.
2. The clear width of 48 inches (1219 mm) between handrails is not required in
buildings not more than 4 stories above grade plane equipped throughout with an
automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2.
3. The clear width of 48 inches (1219 mm) between handrails is not required for
stairways accessed from a refuge area in conjunction with a horizontal exit.
4. Areas of refuge are not required at exit access stairways where two-way
communication is provided at the elevator landing in accordance with Section
1009.8.
54. Areas of refuge are not required at exit access stairways in buildings not more
than 4 stories above grade plane equipped throughout with an automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2.
65. Areas of refuge are not required at stairways serving open parking garages.
76. Areas of refuge are not required for smoke protected assembly seating areas
complying with Section 1029.6.2.
87. Areas of refuge are not required at stairways in Group R-2 occupancies.
98. Areas of refuge are not required for stairways accessed from a refuge area in
conjunction with a horizontal exit.
(41) Section 1009.4 Elevators is amended to read as follows:
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1009.4 Elevators. In order to be considered part of an accessible means of egress, an
elevator shall comply with the emergency operation and signaling device requirements of
Section 2.27 of ASME A17.1/CSA B44. Standby power shall be provided in accordance
with Section 604 of this code and with Chapter 27 and Section 3003 of the International
Building Code. The elevator shall be accessed from an area of refuge complying with
Section 1009.6.
(42) Section 1009.4 Elevators is further amended by adding a new exception number 6 to read
as follows:
6. Elevators in buildings not more than 4 stories above grade plane are not required
to be considered an accessible means of egress when the building is equipped
throughout with an automatic sprinkler system installed in accordance with
Section 903.3.1.1 or 903.3.1.2.
(43) Section 1009.6 Areas of refuge is hereby amended to read as follows:
1009.6 Areas of refuge Areas of refuge are not required in buildings not more than 4
stories above grade plane. Every required area of refuge shall be accessible from the
space it serves by an accessible means of egress.
(44) Section 1009.8 Two-way communication Exception 1 is amended to read as follows:
Exception:
1. Two-way communication systems are not required at the elevator landing serving
each elevator or bank of elevators where the two-way communication system is
provided within of buildings not required to provide areas of refuge in accordance
with Sections 1009.6.51009.6.
(45) Section 1010.1.5 Floor elevation is amended by adding a second paragraph to read as
follows:
All exterior steps, slabs, walks, decks and patios serving as exterior door landings or
exterior stairs shall be adequately and permanently secured in place by approved methods
to prevent such landings or stairs from being undermined or subject to significant
displacement due to improper placement of supporting backfill or due to inadequate
anchoring methods.
(46) Section 1010.1.5 Floor elevation is further amended by adding a new Exception 7 to
read as follows:
7. Exterior doors serving individual dwelling units, other than the main entrance
door to a dwelling unit, may open at one intervening exterior step that is equally
spaced between the interior floor level above and exterior landing below,
provided that the step has a minimum tread depth of 12 inches (305 mm), a
maximum riser height of 7 ¾ inches (7.75”) (197 mm), and a minimum width
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equal to the door width, and further provided that the door does not swing over
the step.
(47) Section 1010.1.5 Floor elevation is amended by adding a second paragraph after the
exceptions, to read as follows:
All exterior steps, slabs, walks, decks and patios serving as exterior door landings or
exterior stairs shall be adequately and permanently secured in place by approved methods
to prevent such landings or stairs from being undermined or subject to significant
displacement due to improper placement of supporting backfill or due to inadequate
anchoring methods.
(48) Section 1011.11 Handrails is hereby amended to read as follows:
1011.11 Handrails. Stairways of more than 1 riser shall have handrails on each side and
shall comply with Section 1014. Where glass is used to provide the handrail, the handrail
shall also comply with Section 2407 of the International Building Code.
(49) Section 1015.8 Window openings first paragraph is hereby amended to read as follows:
1015.8 Window openings. Windows in Group R-2 and R-3 buildings including dwelling
units, where the top of the sill of an operable window opening is located less than 36
inches 24 inches (610 mm) above the finished floor and more than 72 inches (1829 mm)
above the finished grade or other surface below on the exterior of the building, shall
comply with one of the following:
. . .
(49) A new Section 1015.9 Below grade openings is hereby added and reads as follows:
1015.9 Below grade openings. All area wells, stair wells and light wells attached to any
building that are located less than 36 inches (914 mm) from the nearest intended walking
surface and deeper than 36 inches (914 mm) below the surrounding ground level, creating
an opening with a horizontal dimension greater than 24 inches (610 mm) measured
perpendicularly from the building, with the side walls of such well having a slope steeper
than 2 horizontal to 1 vertical, shall be protected with guardrails conforming to this
Section around the entire opening, or be provided with an equivalent barrier.
Exceptions:
1. The access side of stairways need not be barricaded.
2. Area wells provided for emergency escape and rescue windows may be protected
with approved grates or covers that comply with Section 1029.4 of this code.
3. Covers and grates may be used over stairways and other openings used
exclusively for service access or for admitting light or ventilation.
(50) Section 1030.1 General Exception 1 is hereby amended to read as follows:
Exceptions:
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1. Basements with a ceiling height of less than 80 inches (2032 mm) 72 inches
(1828.8 mm) shall not be required to have emergency escape and rescue
openings.
(51) A new subsection 1030.3.1 Minimum height from floor is added to read as follows:
1030.3.1 Minimum height from floor. Emergency escape and rescue window openings
that are located more than 72 inches (1829 mm) above the finished grade shall have a sill
height of not less than 24 inches (609 mm) measured from the finished interior side floor.
Exception:
Emergency escape and rescue openings located over a roof surface with a slope of 4:12
or less and extending a minimum of 5 feet (1524 mm) horizontally outward from the
window shall not be required to meet this minimum sill height requirement.
(52) Section 1030.5 Window Wells is amended by adding a new exception to read as follows:
Exceptions:
With the window in the full open position, the bottom window well step may encroach a
maximum of 12 inches (304 mm) into the minimum horizontal projection, provided the
well meets the criteria of 1 and 2 below:
1. The bottom of the well is not less than 36 inches wide (914 mm), centered
horizontally on the openable portion of the emergency escape and rescue door or
window, and
2. An unobstructed clear horizontal projection of 36 inches (914 mm) is maintained
at the centerline of the openable portion of the emergency escape and rescue door
or window.
(53) A new Section 1030.5.3 Drainage is hereby added to read as follows:
1030.5.3 Drainage. All window wells shall be designed for proper drainage by
connecting to the building’s foundation drainage system required by Section 1805.4.2 or
by an approved alternative method. The inlet to the drainage system shall be a minimum
of 4 inches (101 mm) below the window sill. Where no drains are required, the window
well surface shall be a minimum of 4 inches (101 mm) below the window sill.
Exceptions:
1. A drainage system for window wells is not required when the foundation is on
well-drained soil or sand-gravel mixture soils as determined by the foundation
engineer of record.
2. A drainage system is not required for new window wells on additions to existing
dwellings.
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(54) Section 5001.1 Scope Exception 10 is hereby amended to read as follows:
Exceptions:
10. The production, processing and storage of distilled spirits and wines in wooden
barrels and casks when the facility is in conformance with the DISCUS
“Recommended Fire Protection Practices for Distilled Spirits Beverage
Facilities”.
(55) The title of Section 5307 is hereby amended to read as follows:
SECTION 5307
CARBON DIOXIDE (CO2) SYSTEMS USED IN
BEVERAGE DISPENSING APPLICATIONS
(56) Section 5307.1 is hereby amended to read as follows:
5307.1 General. Carbon dioxide systems with more than 100 pounds (45.4 kg) of carbon
dioxide used in beverage dispensing applications shall comply with Sections 5307.2
through 5307.5.2.
(57) Section 5601.1.3 is hereby amended to read as follows:
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of
fireworks are prohibited.
Exceptions:
1. Storage and handling of fireworks as allowed in Section 5604.
2. Manufacture, assembly and testing of fireworks as allowed in Section 5605.
32. The use of fireworks for display as allowed in Section 5608.
4. The possession, storage, sale, handling and use of specific types of Division 1.4G
fireworks where allowed by applicable laws, ordinances and regulations,
provided such fireworks and facilities comply with NFPA 1124, CPSC 16 CFR
Parts 1500 and 1507, and DOTn 49 CFR Parts 100-185, for consumer fireworks.
(58) Section 5701.2 Nonapplicability 10 is hereby amended to read as follows:
10. The production, processing and storage of distilled spirits and wines in wooden
barrels and casks when the facility is in conformance with the DISCUS
“Recommended Fire Protection Practices for Distilled Spirits Beverage
Facilities”.
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(59) Section 5704.3.3 Indoor storage Exception 2 is hereby amended to read as follows:
5704.3.3 Indoor storage. Storage of flammable and combustible liquids inside buildings
in containers and portable tanks shall be in accordance with Sections 5704.3.3.1 through
5704.3.3.10.
Exceptions:
1. Liquids in the fuel tanks of motor vehicles, aircraft, boats or portable or stationary
engines.
2. The production, processing and storage of distilled spirits and wines in wooden
barrels and casks when the facility is in conformance with the DISCUS
“Recommended Fire Protection Practices for Distilled Spirits Beverage
Facilities”.
(60) The exception in Section 6109.13 Protection of Containers is hereby deleted:
6109.13 Protection of containers. LP-gas containers shall be stored within a suitable
enclosure or otherwise protected against tampering. Vehicle impact protection shall be
provided as required by Section 6107.4.
Exception: Vehicle impact protection shall not be required for protection of LP-gas
containers where the containers are kept in lockable, ventilated cabinets of metal
construction.
(61) Chapter 80 Referenced Standards is hereby amended by adding the following additional
referenced standard in alphabetical and numerical sequence:
DISCUS Distilled Spirits Council of the United States
1250 Eye Street, NW Suite 400
Washington, DC 20005
____________________________________________________________________________
Standard reference
number
Title Referenced in code section number
3rd Edition, June 2005 Recommended Fire
Protection Practices for Distilled Spirits Beverage
Facilities
5001.1, 5701.2, 5704.3.3
__________________________________________________________
NFPA National Fire Protection Association
1 Batterymarch Park
Quincy, MA 02169-7471
__________________________________________________________
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Standard reference
number
Title Referenced in code section number
96-14 Standard for Ventilation Control and Fire
Protection of Commercial Cooking Operations
609.5
__________________________________________________________
(62) Appendix A is deleted in its entirety.
(63) Appendix B is deleted in its entirety and readopted to read as follows:
APPENDIX B
FIRE-FLOW REQUIREMENTS FOR BUILDINGS
SECTION B101 GENERAL
B101.1 Scope. The procedure for determining fire-flow requirements for buildings or
portions of buildings hereafter constructed shall be in accordance with this appendix.
This appendix does not apply to structures other than buildings.
SECTION B102 DEFINITIONS
B102.1 Definitions. For the purpose of this appendix, certain terms are defined as
follows:
FIRE-FLOW. The flow rate of a water supply, measured at 20 pounds per square inch
(psi) (138 kPa) residual pressure, that is available for firefighting.
FIRE-FLOW CALCULATION AREA. The floor area, in square feet (m²), used to
determine the required fire flow.
SECTION B103 MODIFICATIONS
B103.1 Decreases. The fire chief is authorized to reduce the fire-flow requirements
for isolated buildings or a group of buildings in rural areas or small communities
where the development of full fire-flow requirements is impractical.
B103.2 Increases. The fire chief is authorized to increase the fire-flow requirements
where conditions indicate an unusual susceptibility to group fires or conflagrations.
An increase shall not be more than twice that required for the building under
consideration.
B103.3 Areas without water supply systems. For information regarding water
supplies for fire-fighting purposes in rural and suburban areas in which adequate and
reliable water supply systems do not exist, the fire code official is authorized to
utilize NFPA 1142 or the International Wildland-Urban Interface Code.
SECTION B104 FIRE-FLOW CALCULATION AREA
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B104.1 General. The fire-flow calculation area shall be the total floor area of all
floor levels within the exterior walls, and under the horizontal projections of the roof
of a building, except as modified in Section B104.3.
B 104.2 Area separation. Portions of buildings which are separated by fire walls
without openings, constructed in accordance with the International Building Code,
are allowed to be considered as separate fire-flow calculation areas.
B104.3 Type 1A and Type 1B construction. The fire-flow calculation area of
buildings constructed of Type 1A and Type 1B construction shall be the area of the
three largest successive floors.
Exception:
Fire-flow calculation area for open parking garages shall be determined by the
area of the largest floor.
SECTION B105 FIRE-FLOW REQUIREMENTS FOR BUILDINGS
B105.1 One- and two-family dwellings. The minimum fire-flow requirements for
one- and two-family dwellings shall be 1,000 gallons per minute in urban areas and
500 gallons per minute in rural areas.
Exception:
A reduction in required fire flow of 50 percent, as approved, is allowed when the
building is provided with an approved automatic sprinkler system.
B105.2 Buildings other than one- and two-family dwellings. The minimum fire-
flow and flow duration for buildings other than one- and two-family dwellings shall
be as specified in Table B105.
TABLE B105
APPLICATION FIRE FLOW
REQUIREMENTS
(gpm)
SPACING
BETWEEN
HYDRANTS
(feet)
a,b,c
MAXIMUM
DISTANCE FROM
THE CLOSEST
POINT ON A
BUILDING TO A
HYDRANT (feet)
Commercial 1500 600 300
d
Urban --O n e and
Two Family Dwelling
1000 800 400
Rural --O n e and
Two Family Dwelling
500 800 400
For SI: 1 foot = 304.8 mm, 1 gallon = 3.81 l
a. Reduce by 100 feet for dead-end streets or roads.
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b. Where streets are provided with median dividers that cannot be crossed by fire
fighters pulling hose lines, or are arterial streets, hydrant spacing shall average
500 feet (152 m) on each side of the street and be arranged on an alternating basis.
c. Where new water mains are extended along streets where hydrants are not needed
for protection of structures or similar fire problems, fire hydrants shall be
provided at spacing not to exceed 1,000 feet (305 m) to provide for transportation
hazards.
d. For buildings equipped with a standpipe, see Section 507.5.1.1.
B105.3 Water supply for buildings equipped with an automatic sprinkler system.
For buildings equipped with an approved automatic sprinkler system, the water supply shall be
capable of providing the greater of:
1. The automatic sprinkler system demand, including hose stream allowance.
2. The required fire-flow.
SECTION B106 REFERENCED STANDARDS
ICC IBC-15 International Building Code B104.2,
ICC IFC --- 15 International Fire Code Table B105.1(1) & B105.2
ICC IWUIC-15 International Wildland-Urban Interface Code B103.3
ICC IRC --- 15 International Residential Code Table B105.1(1)
NFPA 1142-12 Standard on Water Supplies for Suburban and Rural Fire Fighting
B103.3
(64) Appendix C is deleted in its entirety and readopted to read as follows:
APPENDIX C
FIRE HYDRANT LOCATIONS AND DISTRIBUTION
SECTION C101 GENERAL
C101.1 Scope. Fire hydrants shall be provided in accordance with this appendix
for the protection of buildings, or portions of buildings, hereafter constructed or
moved into the jurisdiction.
SECTION C102 LOCATION
C102.1 Fire hydrant locations. Fire hydrants shall be provided along required fire
apparatus access roads and adjacent public streets.
SECTION C103 NUMBER OF FIRE HYDRANTS
C103.1 Fire hydrants available. The number of fire hydrants available to a
complex or subdivision shall not be less than that determined by spacing
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requirements listed in Table B105 when applied to fire apparatus access roads and
perimeter public streets from which fire operations could be conducted.
SECTION C104 CONSIDERATION OF EXISTING FIRE HYDRANTS
C104.1 Existing fire hydrants. Existing fire hydrants on public streets are allowed
to be considered as available. Existing fire hydrants on adjacent properties shall not
be considered available unless fire apparatus access roads extend between
properties and easements are established to prevent obstruction of such roads.
SECTION C105 DISTRIBUTION OF FIRE HYDRANTS
C105.1 Hydrant spacing. The average spacing between fire hydrants shall not
exceed that listed in Table B105.
Exception:
The fire chief is authorized to accept a deficiency of up to 10 percent where
existing fire hydrants provide all or a portion of the required fire hydrant service.
Regardless of the average spacing, fire hydrants shall be located such that all points
on streets and access roads adjacent to a building are within the distances listed in
Table B105.
(65) Appendix D is deleted in its entirety and readopted to read as follows:
APPENDIX D
FIRE APPARATUS ACCESS ROADS
SECTION D101 GENERAL
D10l.1 Scope. Fire apparatus access roads shall be in accordance with this appendix and all
other applicable requirements of the International Fire Code.
SECTION D102 REQUIRED ACCESS
D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed
shall be accessible to fire department apparatus by way of an approved fire apparatus access
road with an asphalt, concrete or other approved driving surface capable of supporting the
imposed load of fire apparatus weighing at least 80 000 pounds (36,287 kg).
D102.2 Access road construction. All access roadways must be all weather driving surfaces
capable of supporting fire apparatus. Surface shall be asphalt, concrete, or compacted road base
and engineered for the imposed loads.
D102.2.1 Temporary emergency access. Compacted road base or chip shall only be used for a
temporary emergency access. Temporary access shall be available as long as the site is under
construction. Thereafter permanent fire lanes shall be accessible and unobstructed at all times.
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D102.2.2 Permanent emergency access. All permanent points of access shall be hard decks
consisting of asphalt or concrete designed to HS 20 or support 40 ton (36,287 kg). Compacted
road base or other surfaces engineered and capable of supporting the imposed loads may be
approved for ground mounted solar installations, cell towers and similar isolated facilities and
structures when approved by the fire code official.
D102.2.2 Installation timing. All required access roads must be installed and serviceable before
aboveground construction begins.
SECTION D103 MINIMUM SPECIFICATIONS
D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus
access road, the minimum road width shall be 26 feet (7925 mm) exclusive of shoulders. (See
Figure Dl03.1).
D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade. Exception:
Grades steeper than 10 percent as approved by the fire code official. (See section D105.5 for
aerial fire apparatus access roads.)
D103.3 Turning radius. The minimum turning radius shall be 25 feet (7.6 m) inside radius and
50 feet (15.2m) outside radius.
D103.4 Angle of Approach/Departure. Grade changes upon a fire apparatus access road or
when entering or exiting from or to a fire apparatus access road, shall not exceed a 10% angle of
approach or angle of departure.
Figure D103.1
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D103.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (46 m) shall be
provided with width and turnaround provisions in accordance with Table D103.4.
TABLE D103.4
REQUIREMENTS FOR DEAD-END FIRE APPARATUS ACCESS ROADS
LENGTH(feet) WIDTH(feet) TURNAROUNDS
REQUIRED
0-150 20 None required
151-660 20 100-foot hammerhead,
100-foot Cul-de-sac in
accordance with Figure
D103.1
Over 660 Special Approval Required
For SI: 1 foot = 304.8 mm
D103.5.1 Second Point of Access Required. A second point of access shall be required when
the primary access roadway exceeds 660 feet (201 m) in length.
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Exception: Where all dwelling units beyond 660 feet (201 m) are equipped throughout
with an approved automatic sprinkler system in accordance with Section 903.3.1.1,
903.3.1.2 or 903.3.1.3.3, access from two directions shall not be required.
D103.5.2 Third Point of Access Required. A third point of access will be required when any
access road exceeds a distance of 1,320 feet (1/4 mile) (402 m) in length.
Exception: Where all dwelling units beyond 660 feet (201 m) are equipped throughout
with an approved automatic sprinkler system in accordance with Section
903.3.1.1,903.3.1.2 or 903.3.1.3.3, access from only two directions shall be required.
D103.5.3 Fourth Point of Access Required. A fourth point of access will be required when
access road exceeds a distance of 2640 feet (1/2 mile) (804 m) in length.
Exception: Where all dwelling units beyond 660 feet (201 m) are equipped throughout
with an approved automatic sprinkler system in accordance with Section 903.3.1.1,
903.3.1.2 or 903.3.1.3.3, access from only three directions shall be required.
D103.5.4 Access location. Where two or more points of access are required, they shall be
placed a distance apart equal to not less than one half of the length of the maximum overall
diagonal dimension of the property or area to be served, measured in a straight line.
D103.6 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall
comply with all of the following criteria:
1. Where a single gate is provided the gate width shall be not less than 20 feet (6096
mm). Where a fire apparatus road consists of a divided roadway, the gate shall be
not less than 12 feet (3658 mm).
2. Gates shall be of the swinging or sliding type.
3. Construction of gates shall be of materials that allow manual operation by one
person.
4. Gate components shall be maintained in an operative condition at all times and
replaced or repaired when defective.
5. Electric gates shall be equipped with a means of opening the gate by fire
department personnel for emergency access. Emergency opening devices shall be
approved by the fire code official.
6. Methods of locking the gate shall be approved by the fire code official.
7. Manual opening gates shall not be locked with a padlock or chain and
padlock unless the padlock is approved by the fire code official and is compatible
with the approved Key Boxes in use by the fire department.
8. Gate design and locking device specifications shall be submitted for approval
by the fire code official prior to installation.
9. Electric gate operators, where provided, shall be listed in accordance with UL325
10. Gates intended for automatic operation shall be designed, constructed and
installed to comply with the requirements of ASTM F 2200.
D103.7 Signs. Where required by the fire code official, fire apparatus access roads shall be
marked with permanent NO PARKING-FIRE LANE signs complying with Figure D 103.6.
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Signs shall have a minimum dimension of 12 inches (305 mm) wide by 18 inches (457 mm) high
and have red letters on a white reflective background. Signs shall be posted on one or both sides
of the fire apparatus access road as required by section D103.6.1 or D103.6.2.
D103.7.1 Roads 20 to 26 feet in width. Fire lane signs as specified in D103.6 shall be posted on
both sides of fire apparatus access roads that are 20 to 26 feet wide (6096 to 7925 mm).
D103.7.2 Roads more than 26 feet in width. Fire lane signs as specified in D103.6 shall be
posted on one side of fire apparatus access roads more than 26 feet wide (7925 mm) and less
than 32 feet wide (9754 mm).
SECTION D 104
COMMERCIAL AND INDUSTRIAL DEVELOPMENTS
D104.1 Buildings exceeding three stories or 30 feet in height. Buildings or facilities exceeding
30 feet (9144 mm) or three stories in height shall have at least two means of fire apparatus access
for each structure.
Exception: Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height may
have a single approved fire apparatus access road when the buildings are equipped throughout
with approved automatic sprinkler systems.
D104.2 Buildings exceeding 62,000 square feet in area. Buildings or facilities having a gross
building area of more than 62 000 square feet (5760 m
2
) shall be provided with two separate and
approved fire apparatus access roads.
Exception: Projects having a gross building area of up to 124,000 square feet (11 520 m
2
) that
have a single approved fire apparatus access road when all buildings are equipped throughout
with approved automatic sprinkler systems.
D104.3 Remoteness. Where two access roads are required, they shall be placed a distance apart
equal to not less than one half of the length of the maximum overall diagonal dimension of the
lot or area to be served, measured in a straight line between accesses.
SECTION D105
AERIAL FIRE APPARATUS ACCESS ROADS
D105.1 Where required. Where the vertical distance between the grade plane and the highest
roof surface exceeds 30 feet (9144 mm), approved aerial fire apparatus access roads shall be
provided. For purposes of this section, the highest roof surface shall be determined by
measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the
top of parapet walls, whichever is greater.
D105.2 Width. Aerial Fire apparatus access roads shall have a minimum unobstructed width of
26 feet (7925 mm), exclusive of shoulders, in the immediate vicinity of any building or portion
of building more than 30 feet (9144 mm) in height if the fire apparatus access road is not a dead
end. Dead end fire apparatus access roads for aerial apparatus access shall be a minimum of 30
feet (9144 mm) wide.
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D105.3 Proximity to building. At least one of the required access routes meeting this condition
shall be located within a minimum of 15 feet (4572 mm) and a maximum of 30 feet (9144 mm)
from the building, and shall be positioned parallel to one entire side of the building. The side of
the building on which the aerial fire apparatus access road is positioned shall be approved by the
fire code official.
D105.4 Obstructions. Overhead utility and power lines shall not be located over the aerial fire
apparatus access road or between the aerial fire apparatus road and the building. Other
obstructions shall be permitted to be placed with the approval of the fire code official.
D105.5 Grade. Aerial fire apparatus access roads adjacent to the building shall not exceed 5%
in grade.
SECTION D 106
MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENTS
D106.1 Projects having more than 100 dwelling units. Multiple-family residential projects
having more than 100 dwelling units shall be equipped throughout with two separate and
approved fire apparatus access roads.
Exception: Projects having up to 200 dwelling units may have a single approved fire apparatus
access road when all buildings, including nonresidential occupancies, are equipped throughout
with approved automatic sprinkler systems installed in accordance with Section 903.3.1.1.
D106.2 Projects having more than 200 dwelling units. Multiple-family residential projects
having more than 200 dwelling units shall be provided with two separate and approved fire
apparatus access roads regardless of whether they are equipped with an approved automatic
sprinkler system.
SECTION D 107
ONE- OR TWO-FAMILY RESIDENTIAL DEVELOPMENTS
D107.1 One- or two-family dwelling residential developments. Developments of one-family
or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with
two separate and approved fire apparatus access roads and that comply with Section Dl03.4.
Exceptions: Where there are more than 30 dwelling units on a single public or private
fire apparatus access road and all dwelling units are equipped throughout with an
approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or
903.3.1.3, access from two directions shall not be required.
The number of dwelling units on a single fire apparatus access road shall not exceed 30
dwelling units unless fire apparatus access roads will connect with future development, as
determined by the fire code official.
D108 REFERENCED STANDARDS
ASTM F 2200-05 Standard Specification for Automated Vehicular Gate Construction D103.5
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ICC IFC-12 International Fire Code D101.5, D107.1
UL 325-02 Door, Drapery, Gate, Louver, and Window Operators and Systems, with Revisions
through February 2006 D103.5
(66) Appendix F is hereby adopted in its entirety.
(67) Appendix L is hereby adopted in its entirety.
Introduced, considered favorably on first reading, and ordered published this 18th day of
April, A.D. 2017, and to be presented for final passage on the 2nd day of May, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 2nd day of May, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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NOTICE OF PUBLIC HEARING
NOTICE is hereby given of a public hearing to be held before the City Council of the
City of Fort Collins, Colorado, on the 18th day of April, A.D., 2017 at 6:00 p.m., or as soon
thereafter as the matter may come on for hearing, in the Council Chambers at the City Hall, 300
LaPorte Avenue, Fort Collins, Colorado for the purpose of considering the adoption of an
ordinance adopting by reference the 2015 International Fire Code promulgated by the
International Code Council, Inc, 4051 West Flossmoor Road, Country Club Hills, IL 60478, with
local amendments.
Not less than one (1) copy of said Code has been, and now is on file in the Poudre Fire
Authority Fire Prevention Bureau and one copy is on file in the Office of the City Clerk of the
City of Fort Collins and is available for public inspection.
The purpose of the International Fire Code adopted by said ordinance is to provide for
protection of public health and safety and general welfare regarding fire prevention and
suppression.
This notice is given and published by order of the City of Fort Collins, Colorado.
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 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Dated at Fort Collins, Colorado this 2nd day of April, A.D. 2017.
Wanda Winkelmann
City Clerk
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Attachment: Exhibit A (5437 : Fire Code ORD)
Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY April 18, 2017
City Council
STAFF
Shane Boyle, Civil Engineer III
SUBJECT
First Reading of Ordinance No. 057, 2017, Adopting the Fort Collins Utilities Water and Wastewater Design
Criteria Manual.
EXECUTIVE SUMMARY
The purpose of this item is to adopt a Water and Wastewater Criteria Manual that establishes minimum
standards for designing public improvements within the Fort Collins Utilities (FCU) water and wastewater
service areas.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Chapter 26 of the City Code for the City of Fort Collins and the Water and Wastewater Design Criteria Manual
(“Criteria Manual”) set forth the minimum standards for designing public improvements in the Fort Collins
Utilities (FCU) water and wastewater service areas. All public water and sanitary sewer improvements must
comply with the FCU Water Distribution System and Wastewater Collection System Master Plans. Materials
and installation of the water, wastewater improvements shall comply with the “City of Fort Collins - Water,
Wastewater, and Stormwater Development Construction Standards.” The Planning Department administers
the Fort Collins Land Use Code which defines the various processes required for development projects within
the City. The Fort Collins Engineering Development Review Division administers the Larimer County Urban
Area Street Standards (LCUASS) which set forth standards for certain public improvements within City right-of-
way (ROW) and public easements.
Prior to 2016, FCU relied on the City Code requirements and Standard Construction Specifications. The
Criteria Manual development was initiated in 2015 in order to establish the governing criteria and provide
additional guidance for the public water distribution and wastewater collection improvements that are designed
and installed in conjunction with the City’s Development Review Process and are within areas wherein FCU
owns and operates such systems. The Criteria Manual, with all future amendments, establishes minimum
design standards for providing and maintaining the public water distribution and wastewater collection
systems. Whenever the requirements of the Criteria Manual are found to be inconsistent with any other
adopted standards, regulations or codes, the more restrictive criteria, standards, regulations or codes shall
control.
The Criteria Manual states that the project Design Engineer is responsible for compliance with the applicable
criteria as well as other applicable design and construction standards in the preparation of engineering and
construction documents for review and acceptance by FCU. The provisions of the Criteria Manual are
minimum requirements that do not preclude the use of more restrictive standards by the Design Engineer. The
design of all public improvements shall be by or under the direction of a Professional Engineer duly registered
and licensed by the State of Colorado. Adherence to the Criteria Manual does not remove the Developer’s
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Agenda Item 14
Item # 14 Page 2
responsibility to investigate and obtain any other regulatory permits or approvals from local, regional, state or
federal agencies that may be required for a particular project.
CITY FINANCIAL IMPACTS
No financial impacts are anticipated, other than staff time already invested in the preparation of the Water and
Wastewater Design Criteria Manual.
BOARD / COMMISSION RECOMMENDATION
At its December 15, 2016 meeting, the Water Board recommended unanimously that City Council adopt the
Water and Wastewater Design Criteria Manual. Attachment 1 is an Excerpt from the Approved Water Board
Meeting Minutes.
PUBLIC OUTREACH
A stakeholder group consisting of local developers, engineers, and contractors, as well as appropriate City
Staff was established to review and comment on the Water and Wastewater Design Criteria Manual. The
Criteria Manual was distributed to the stakeholder group for comment on October 12, 2016. No major
comments were received. The draft Criteria Manual will be posted on the Utilities webpage to provide public
notice and to solicit public comments.
ATTACHMENTS
1. Water Board minutes, December 15, 2016 (PDF)
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3
Water Board Minutes
December 15, 2016
Discussion Highlights
Board members commented on and inquired about various topics, including whether the vinyl
siding ban is local (Mr. Gebo confirmed that it is; adopted in 2012); reaction of the vinyl industry
association toward the City’s vinyl siding ban; whether anyone from water conservation groups
have approached Mr. Gebo about water sprinkler systems in relation to codes (no); and how
much of code drives the industry to energy efficiency; and whether the code committee was
unanimous in its support of proposed local amendments (yes).
Board Member Duncan Eccleston moved that Water Board express its support for the
water-related code changes and local refinements and also that the City consider rapid
adoption of graywater systems as they relate to the 2015 international plumbing codes.
Board Member Lori Brunswig seconded the motion.
Discussion of the motion: Board members discussed graywater issues and related Colorado State
University research; state statute allows local control for Cities to adopt ordinances (Ms. Webb
will research a draft of the model ordinance and steps to proceed with including this in City
Code; plumber liability issues, requirements in the ordinance that enacts the code, and questions
on ownership of the water. Ms. Webb stated she’ll talk with Water Conservation staff and bring
the information back to the board; state regulations on graywater exist. Board members discussed
delaying action on recommending approval of the proposed code changes until then.
Vote on the Motion: it passed 7 -1 with one nay (Board Member Ortman)
Reason for Nay Vote: Opposed until there’s a way to assess the City’s liability, which would
include the definition of graywater, whether it’s a combination of blackwater and graywater. Ms.
Webb replied the regulation’s graywater definition is strict; it does not include blackwater; and
stated staff would bring this issue to the board again.
Water/Wastewater Criteria Manual Adoption
(Attachments available upon request)
Civil Engineer III Shane Boyle summarized the manual highlights and reason for the manual
creation. City Code contains minimum standards for designing public improvements in the Fort
Collins Utilities (FCU) Water and Wastewater service areas; all public water and sanitary sewer
improvements must comply with FCU Water Distribution System and Wastewater Collection
System Master Plans; requires compliance of materials and installation of water, wastewater and
stormwater improvements; staff asks for adoption of the manual because no formally adopted
water/wastewater criteria manual exists; City informally uses industry standards for design of
water utilities infrastructure; the new manual sets forth design standards for water utilities
infrastructure; adopted into City Code for clarity and consistency.
Discussion Highlights
Board members commented and inquired about various related topics, such as how future
technology might affect the manual in the future (Mr. Boyle explained the manual allows for
variances); whether there’s an industry body that manages the criteria, such as with the building
(;&(537)520$33529(':$7(5%2$5'0,187(6
ATTACHMENT 1
14.1
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Attachment: Water Board minutes, December 15, 2016 (5460 : Water/Wastewater Criteria Manual)
14.1
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Attachment: Water Board minutes, December 15, 2016 (5460 : Water/Wastewater Criteria Manual)
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ORDINANCE NO. 057, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE FORT COLLINS UTILITIES
WATER AND WASTEWATER DESIGN CRITERIA MANUAL
WHEREAS, the City owns and operates Fort Collins Utilities, which includes a water
utility and a wastewater utility; and
WHEREAS, Section 26-29(a) of the City Code states that the Utilities Executive Director
shall promulgate Water Utilities Development Construction Standards, which shall constitute
standard specifications governing the depth, size, slope, alignment, materials or construction of,
among other things, water and wastewater fixtures, lines and other improvements, as well as the
methods to be used in the excavation, placement, joining, testing, trenching and backfilling, and
such other technical specifications as may apply to construction of water and wastewater
infrastructure; and
WHEREAS, Section 26-29(a) of the City Code further states that said specifications shall
be effective upon approval by the City Council by ordinance, will have the same force and effect
as provisions of Chapter 26 of the City Code, and shall be enforceable pursuant to the terms of
Chapter 26 of the City Code and as provided in Section 1-15 of the City Code; and
WHEREAS, Section 26-29(a)-(b) of the City Code states that the Utilities Executive
Director may administratively adopt minor additions, revisions and corrections to the Water
Utilities Development Construction Standards as may, in the judgment of the Utilities Executive
Director, be necessary to better conform to good engineering and/or construction standards and
practice, provided that the Utilities Executive Director shall approve only those proposed
technical revisions that:
(1) are consistent with all existing policies relevant to the revisions,
(2) do not result in any significant additional cost to persons affected by the revision,
and
(3) do not materially alter the standard or level of service to be accomplished through
the specified infrastructure.
and;
WHEREAS, Section 26-29(b) of the City Code further states that, upon adoption of any
technical revisions pursuant to the authority of that subsection, the Utilities Executive Director
shall provide to the City Clerk documentation of such technical revisions specifying the date
upon which they shall become effective, and shall maintain said documentation on file in the
permanent records of the City Clerk and Utility Services and available for public inspection; and
WHEREAS, Section 26-52 of the City Code states that the Utilities Executive Director
may promulgate such rules, regulations, policies and procedures consistent with the provisions of
Article III of Chapter 26 of the City Code as the Utilities Executive Director may deem
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necessary for the proper administration of the water utility and the requirements of Article III of
Chapter 26 of the City Code, including the establishment of standard specifications for
construction of service lines and other technical specifications as provided in Section 26-29 of
the City Code; and
WHEREAS, Section 26-52 of the City Code further states such rules and regulations are
effective upon the approval by the City Council by ordinance and will have the same force and
effect as provisions of Chapter 26 of the City Code, and shall be enforceable pursuant to the
terms of Chapter 26 of the City Code and as provided in Section 1-15 of the City Code, and that
a user’s failure to abide by all effective rules, regulations, policies and procedures promulgated
by the Utilities Executive Director is the same as a violation of Article III of Chapter 26 of the
City Code; and
WHEREAS, Fort Collins Utilities has prepared the Fort Collins Utilities Water and
Wastewater Design Criteria Manual (“Manual”), attached hereto as Exhibit “A”, pursuant to
Sections 26-29 and 26-52 of the City Code; and
WHEREAS, following outreach to potentially-impacted stakeholders, City staff and the
Water Board recommend that the Manual be adopted by City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby approves the Manual pursuant to Sections
26-29 and 26-52 of the City Code.
Section 3. That the Utilities Executive Director may administratively adopt minor
additions, revisions and corrections to the water service-related provisions of the Manual
pursuant to Section 26-29(b) of the City Code, or any successor sections.
Introduced, considered favorably on first reading, and ordered published this 18th day of
April, A.D. 2017, and to be presented for final passage on the 2nd day of May, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Passed and adopted on final reading on the 2nd day of May, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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EXHIBIT A
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Attachment: Exhibit A (5485 : Water/Wastewater Criteria Manual ORD)
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1.01 Intent……………………………………………………………..……… 1
1.02 Revisions and Updated Criteria………………………………………… 1
1.03 Other Related Standards………………………………………………… 1
1.04 Definitions………………………………………………………………. 2
1.05 Variances and Appeals………………………………………………….. 4
1.06 Enforcement and Inspection…………………………………………….. 5
1.07 Public Water and Wastewater Extension and Oversizing………………. 5
1.08 Easements……………………………………………………………….. 5
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2.01 General………………………………………………………………… 6
2.02 Utility Plans………………………………………………………………. 6
2.03 Water System Plans……………………………………………………. ...7
2.04 Wastewater System Plans…………………………………………………8
2.05 Utility Standard Details……………………………………………………9
2.06 Final Utility Plans………………………………………………………... 9
2.07 Record Drawings…………………………………………………………. 9
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3.01 General…………………………………………………………………...10
3.02 Water/Wastewater Demand Analysis Report…………………………… 10
3.03 Water System Modeling………………………………………………... 10
3.04 FCU Water Service Area………………………………………………...10
3.05 Pressure Zones………………………………………………………….. 11
3.06 Water Distribution System Design and Layout………………………... 11
A. General…………………………………………………………... 11
B. Hydraulic Parameters……………………………………………. 12
C. Water Main Size…………………………………………………. 12
D. Pipe Material…………………………………………………….. 12
E. Alignment………………………………………………………... 13
F. Water Main Depth……………………………………………….. 13
G. Lowerings………………………………………………………... 13
H. Connections to Existing Distribution System…………………… 14
I. Valves…………………………………………………………… 15
J. Fire Hydrants……………………………………………………. 15
K. Thrust Restraint………………………......................................... 16
L. Services………………………………………………………….. 17
M. Meters……………………………………………………………. 19
N. Borings…………………………………………………………… 20
O. Corrosion Control and Cathodic Protection……………………... 20
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Attachment: Exhibit A (5485 : Water/Wastewater Criteria Manual ORD)
P. Casing Pipe……………………………………………………… 21
Q. Phased Installations and Stub-outs………………………………. 21
3.07 Separation from Other Utilities and Buildings………………………… 22
3.08 Ditch Crossings………………………………………………………… 23
3.09 Roundabout Crossings…………………………………………………. 23
3.10 Landscape Separation Distances………………………………………. 24
3.11 Abandonment of Mains and Services………………………………….. 24
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4.01 General………………………………………………………………… 25
4.02 Water/Wastewater Demand Analysis Report………………………….. 25
4.03 Wastewater System Modeling…………………………………………..25
4.04 FCU Wastewater Service Area………………………………………… 25
4.05 Wastewater Pump Stations……………………………………………… 26
4.06 Wastewater Collection System Design and Layout…………………… 26
A. General…………………………………………………………… 26
B. Hydraulic Design………………………………………………… 26
C. Pipe Material…………………………………………………….. 27
D. Alignment………………………………………………………... 27
E. Sewer Depth……………………………………………………... 28
F. Groundwater Barriers……………………………………………. 28
G. Manholes………………………………………………………… 28
H. Services………………………………………………………….. 30
I. Subdrains………………………………………………………… 31
J. Borings…………………………………………………………… 31
K. Casing Pipe………………………………………………………. 31
L. Phased Installations and Stub-outs………………………………. 32
4.07 Separation from other Utilities………………………………………… 32
4.08 Ditch Crossings………………………………………………………… 33
4.09 Roundabout Crossings…………………………………………………. 33
4.10 Landscape Separation Distances………………………………………. 34
4.11 Abandonment of Mains and Services………………………………….. 34
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Appendix A - Utility Plan Checklist
Appendix B - Utility Maps
Water Utility Service Areas
Water Pressure Zones
Wastewater Utility Service Areas
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Attachment: Exhibit A (5485 : Water/Wastewater Criteria Manual ORD)
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1.01 INTENT
A. These Design Criteria, hereinafter referred to as the “Criteria”, shall be known as the Fort
Collins Utilities (FCU) Water and Wastewater Design Criteria and shall be the governing
Criteria for the public water distribution and wastewater collection improvements that are
designed and installed in conjunction with the City’s Development Review Process and are
within areas wherein FCU owns and operates such systems.
B. These Criteria,with all future amendments, establish minimum design standards for
providing and maintaining the public water distribution and wastewater collection systems.
Whenever the requirements of these Criteria are found to be inconsistent with any other
adopted standards, regulations or codes, the more restrictive criteria, standards, regulations
or codes shall control.
C. The Design Engineer is responsible for compliance with these Criteria as well as other
applicable design and construction standards in the preparation of engineering and
construction documents for review and acceptance by FCU. The provisions of these Criteria
are minimum requirements that do not preclude the use of more restrictive standards by the
Design Engineer.
D. The design of all public improvements shall be by or under the direction of a Professional
Engineer duly registered and licensed by the State of Colorado.
E. Adherence to these Criteria does not remove the Developer’s responsibility to investigate
and obtain any other regulatory permits or approvals from local, regional, state or federal
agencies that may be required for a particular project.
1.02 REVISIONS AND UPDATED CRITERIA
The Criteria may be amended as new technology is developed or as a need for revision is
demonstrated and proven through experience and use. FCU will maintain these Criteria and any
amendments thereto and will post these Criteria and amendments on the City’s website. FCU does
not keep a database of holders of these Criteria. It shall be the responsibility of each holder to
verify the most current Criteria are being used for any Development Project.
1.03 OTHER RELATED STANDARDS
A. Chapter 26 of City Code and these Criteria set forth the minimum standards for designing
public improvements in the FCU water and wastewater service areas.
B. All public water and sanitary sewer improvements shall comply with the FCU Water
Distribution System and Wastewater Collection System Master Plans.
C. All public stormwater improvements shall comply with the Fort Collins Stormwater Criteria
Manual.
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D. Materials and installation of the water, wastewater and stormwater improvements shall
comply with the City of Fort Collins - Water, Wastewater, Stormwater Development
Construction Standards.
E. The Planning Department administers the Fort Collins Land Use Code which defines the
various processes required for development projects within the City.
F. Engineering Development Review administers the Larimer County Urban Area Street
Standards (LCUASS) which set forth standards for certain public improvements within City
R.O.W. and public easements.
1.04 DEFINITIONS
AASHTO – American Association of State Highway and Transportation Officials.
AWWA – American Water Works Association.
City - City of Fort Collins.
City Code - The latest officially adopted City Code of Fort Collins, Colorado
Contractor - A person, partnership or corporation duly licensed and bonded in the City of Fort
Collins in accordance with the requirements of the City Code.
CP – Cathodic Protection or Cathodically Protected.
Design Engineer - The partnership, corporation or individual who is registered as a Professional
Engineer according to Colorado Statutes, who is hired by the Developer/Owner to conduct
engineering design services and who may be empowered by the Developer/Owner to act as his/her
agent for the project.
Developer or Developer/Owner – This includes the person or persons, public or private, legally
responsible for construction of improvements within a specific development.
DI / DIP – Ductile iron / ductile iron pipe.
Distribution Main – The portion of the water or waste water system that conveys water or
wastewater to or from the transmission mains for use at a neighborhood scale.
Easement – A right granted by the property owner permitting a designated part or interest of the
property to be used by others for specific use or purpose.
FCU – Fort Collins Water, Wastewater and Stormwater Utilities.
FDP (Final Development Plan) – Final plans submitted after the public hearing as outlined in the
City’s Development Review Process.
GPM – Gallons per minute.
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HDPE – High density polyethylene.
Inspector - The authorized representative of the City assigned to make detailed inspections for
contract performances, standards and contract compliance.
LCUASS – Larimer County Urban Area Street Standards.
May - A permissive condition. No requirement for design or application is intended.
MJ – Mechanical joint.
Non-Potable – Water that is not treated to drinking water standards and is not suitable or intended
for human consumption.
Owner – Any person having title or rights of ownership in the surface of real property or
leasehold interest therein.
PDP - Project Development Plan
Professional Engineer – A registered engineer licensed by the State of Colorado with expertise
and qualifications in the areas covering the scope of work.
PSI – Pounds per square inch of pressure.
PVC – Polyvinyl chloride.
Record Drawings - Detailed drawings which have been prepared by a Professional Engineer
registered and licensed by the State of Colorado, upon completion and prior to final acceptance,
and show actual construction and contain field dimensions, elevations, details, changes made to
the Construction Drawings by modification, details which were not included on the Construction
Drawings, and horizontal and vertical locations of underground utilities which have been impacted
by the utility installation. Record Drawings are usually Construction Drawings which have been
modified to contain the information listed above.
R.O.W. or Right-of-Way - A general term denoting land, property, or interest therein, usually in a
strip acquired for or devoted to a street or utility.
Sewer – In these Criteria, sewer shall refer to sanitary sewer.
Shall - A mandatory condition. Where certain requirements in the design or application are
described with the “shall” stipulation, it is mandatory that these requirements be met.
Should - An advisory condition. Where the word “should” is used, it is considered to be advisable
usage, recommended be not mandatory. Deviations may be allowed when reasons are given which
show that the intent of the standard is met.
Street - A general term denoting a public way for purposes of vehicular travel, including the entire
area within the R.O.W. (including alleyways).
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Storm Drain - Any conduit and appurtenance intended for the reception and transfer of
stormwater.
Storm Drainage Design Criteria - The current City of Fort Collins Stormwater Criteria Manual.
Transmission Main – Typically, a main larger than 16 inches in diameter used to convey water to
the distribution system or wastewater from the distribution system to the wastewater treatment
plant.
Utility - Utilities Executive Director or his/her authorized representative.
Utility Plans - Details and working drawings including plan, profile and detail sheets of proposed
improvements for development projects approved by the Engineer/Utility.
1.05 VARIANCES
A. Any design that does not conform to these Criteria must be approved by the Utilities
Executive Director. Variances from these Criteria will be considered administratively on a
case-by-case basis following a written request for a variance prepared by a Professional
Engineer and submitted to the FCU Water Utilities Senior Development Review Engineer.
To assist with plan preparation, designers may submit variance requests, along with
documentation to support the variance, for informal advisory consideration prior to formal
submittal of utility plans. Such advisory consideration shall not be binding on FCU but may
help guide the designer in the preparation of plans.
B. Variances requested as part of the formal submittal of utility plans shall be shown on the
plans and shall also be specifically substantiated and justified in a letter addressed to
Utilities Executive Director. A summary of all approved variances shall be listed in the
general notes on the approved plans.
C. The variance request shall include, at minimum, the following:
1. Identifying Issue: Identification of the standard to be varied and the reason that
the standard is not feasible or not in the public interest.
2. Proposed Alternate Design: Identification of the proposed alternate design or
construction criteria.
3. Comparison to FCU Criteria: A thorough description of the variance request
including the impact on capital and maintenance requirements, costs and how
the proposed design compares to the Criteria.
1. Justification: The Professional Engineer must determine and state that the
variance will not be detrimental to public health, safety and welfare and will not
reduce the design life of the improvement nor cause FCU additional
maintenance costs. The proposed plan must advance the public purpose of the
Criteria sought to be varied equally or better than would compliance with these
Criteria.
D. Approval or Denial of Variance: Based upon review of the utility plans and additional
information submitted and an analysis of the process set forth in this Subsection 1.05 C., the
Utilities Executive Director may approve or deny the variance request. If the request is
approved, the plans will continue to be reviewed and approved within the typical review
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process. If the request is denied, the Developer shall subsequently submit revised plans in
compliance with these Criteria. A written response outlining the basis for all approvals or
denials of variance requests will be provided by the FCU Water Utilities Senior Development
Review Engineer.
1.06 ENFORCEMENT AND INSPECTION
A. These Criteria are enforceable by the City at any point in the City’s Development Review
Process, including installation and inspection of the public improvements.
B. Inspection services during construction are provided by the City’s Engineering Department.
1.07 PUBLIC WATER AND WASTEWATER EXTENSION AND OVERSIZING
A. As indicated in City Code Section 26-369 (d), Developer shall install water mains and sanitary
sewers to the farthest point or points of the property to be served when in the opinion of the
Utilities Executive Director such extension is desirable to provide for future extensions of the
water and wastewater systems.
B. If FCU requires a Developer to install water mains and sanitary sewers for a subdivision or
development of a size or capacity greater than that necessary to serve the new development, the
City shall pay the extra expense caused by the oversizing as outlined in City Code Section 26-
371.
1.08 EASEMENTS
A. All City-owned public utilities including water and wastewater facilities shall be located in
public R.O.W. or public utility easement.
B. Minimum easement widths are listed in the table below. In certain limited situations when a
sanitary sewer is less than 10 feet deep, the sanitary sewer easement width may be reduced
to 20 feet if approved by FCU. At the discretion of FCU, wider easements may be required
where the depth of a utility or the number of utilities occupying the easement necessitates
additional width to satisfy standards for utility separations, trenching excavations,
maintenance access and safety.
Minimum Easement Requirements for Water Mains and Sanitary Sewers
Utility Minimum Easement Width
Water main 20 feet (centered on the main)
Sanitary Sewer 30 feet (centered on the main)
Combined Water and Sewer 35 feet
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2.01 GENERAL
A. Utility plans for public water and wastewater improvements shall be prepared and submitted
in accordance with these Criteria.
B. To assist with preparation of the utility plans, Appendix A includes a checklist outlining the
information required. Refer to the checklist for additional requirements. This checklist is
required to be completely filled out by the Engineer who prepared the Utility Plan and
submitted with the Utility Plan submittal.
C. As a minimum, the utility plan set shall include:
1. Cover sheet
2. General and construction notes
3. Overall utility plan
4. Plan and profile sheets as required
5. Applicable standard construction details
2.02 UTILITY PLANS
A. Refer to Utility Plan Checklist in Appendix A for Project Development Plan (PDP) and Final
Plan (FP) submittal items.
B. Scale on the plan views shall be 1 inch = 20 feet, 30 feet, 40 feet or 50 feet. These sheets
may also include details and designs for lowerings, crossings or special items to clarify the
intent of the information shown on that particular sheet.
C. Plan and profile sheets are required for all water mains 12-inch and larger and for all sanitary
sewer mains. On minor projects, the water main profile may be omitted if approved by the
FCU Water Utilities Senior Development Review Engineer. A specific profile view or
design detail shall be included for each lowering or crossing as noted in Section 3.06 G. of
these Criteria.
D. All projects must use benchmarks documented in the current City of Fort Collins Vertical
Control Network. Assumed vertical datums or adjustment equations are not allowed.
E. All construction or sequence phasing shall be clearly noted such that each phase is depicted in
a “stand alone” manner. In some cases, water mains or sanitary sewers may be required to
extend beyond a particular phase to provide acceptable redundancy for water or discharge
points for sewer. In these cases, the plan sheets shall clearly show the applicable phase lines,
design, details, R.O.W., easements, etc. to accommodate such extensions beyond a particular
phase.
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F. On plan and profile drawings, longitudinal stationing based upon centerline of main shall be
included for all water and sanitary sewer mains and related appurtenances (e.g. service
connections, valves, fittings, fire hydrants, manholes, vaults, blow-offs, air release/vacuum
valves, etc.). Stationing for water mains shall generally read in ascending order in the
direction of the north arrow or from left to right and for sanitary sewers shall be from
downstream to upstream.
G. Horizontal locations for all proposed and existing water mains and sanitary sewers shall be
dimensioned from the centerline of the R.O.W. or easement. In some cases, additional
dimensioning may be required for purposes of clarity and future reference.
H. Existing structures, wet and dry utilities and ground surfaces shall be included on all plan
views (shown as phantom lines and shapes). These existing items shall be dimensioned in a
manner that clearly shows the relationship to the proposed water mains and sanitary sewers.
This shall include but is not limited to:
1. All water, wastewater, storm drainage, electric, cable television, communications lines
and any related appurtenances.
2. Drainage and irrigation ditches or swales
3. Fence lines and gates
4. Bridges and culverts
5. Curb lines and other roadway features
6. Existing landscape features
7. Other items required by FCU
2.03 WATER SYSTEM PLANS
A. The following shall be clearly shown and labeled:
1. Pipe material, diameter, lengths between fittings, valves, fire hydrants and
appurtenances, etc.
2. All fittings and water main appurtenances
3. Services with size and curb stop locations
4. Location and size of all water meter pits and vaults
5. Casings including material, diameter, thickness and length
6. All lowerings and vertical sweeps
7. Match lines with and sheet numbers
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8. Phase lines
9. Hatching or labeling to indicate beginning and end of all portions of the water main
being restrained with restrained lengths clearly shown and labeled
B. Water main profiles shall include the following:
1. Existing ground profile shown as dashed line
2. Proposed ground profile shown as solid line
3. All items required in 2.03 A. of these Criteria with longitudinal stationing and design
elevations for each item noted
4. Depths of water main relative to proposed ground profile
5. All utility crossings (existing and proposed) with longitudinal stationing and
elevations noted
5. Groundwater barriers based upon groundwater levels
2.04 WASTEWATER SYSTEM PLANS
A. The following items shall be clearly shown and labeled:
1. Size, type and class of all portions of sanitary sewer with lengths between manholes
2. Manholes with diameter, longitudinal stationing and any special features
3. Service lines with diameter and longitudinal stationing
4. Casings with material, diameter, thickness or class of pipe, longitudinal stationing of
beginning and ending points
5. Sewer joint encasements and longitudinal stationing
6. Grease interceptors
7. Sand and oil interceptors
8. Match lines with longitudinal stationing and sheet numbers
9. Phase lines with longitudinal stationing
B. Profiles are required for all sanitary sewers and shall include the following:
1. Existing ground profile shown as dashed line
2. Proposed ground profile shown as solid line
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3. All items required in 2.04 A. of these criteria with the design elevations of each item
noted
4. All manhole rim and inflow/outflow invert elevations
5. All utility crossings (existing and proposed) with elevations noted
6. Pipe joint encasements with type of encasement and longitudinal stationing noted
7. Groundwater barriers based upon groundwater levels
2.05 UTILITY STANDARD DETAILS
A. A copy of each applicable Standard Construction Detail Drawing shall be included on the
Utility Plan detail sheet. All Standard Construction Details shall be shown as originally
prepared by FCU and shall not be altered without first obtaining written approval from the
FCU Water Utilities Senior Development Review Engineer.
1. If alteration is approved by FCU, the Standard Construction Drawing must clearly
show “Revised – Project Name” in bold letters near the title block of the drawing.
B. All other non-standard details (e.g. lowerings, special construction items, crossings, etc.)
shall be included on the appropriate plan or plan and profile sheet.
C. Lists of the Standard Construction Detail Drawings are included in the City of Fort Collins
Water, Wastewater, Stormwater Development Construction Standards.
2.06 FINAL UTILITY PLANS
A. An electronic version, in a format acceptable to the City, of the final utility plans shall be
provided to FCU at the time that the final Mylar plans are submitted. The electronic plans
shall include all approval signatures and Design Engineer’s seal and signature.
2.07 RECORD DRAWINGS
A. Utility plans shall be updated per the currently approved Water, Wastewater, Stormwater
Development Construction Standards with all design and construction changes that occurred
after plan approval.
B. Record drawings shall be prepared with a cooperative effort of a Professional Engineer and
the Contractor as follows:
1. Document dimensions, grades/slopes, lengths, elevations and details that in the
opinion of FCU or the Engineering Department Inspector were substantially different
from the approved utility plans.
2. Include horizontal and vertical locations of underground utilities not shown on the
original approved utility plans.
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3. Drawings are prepared in a manner that shows changes legibly and denotes the change
by clouding or similar means to clarify the change or revision that was made.
4. Drawings are clearly labeled RECORD DRAWING in bold font and be signed and
sealed by the Professional Engineer.
5. Submit one copyas blue or black-line sheets to the Engineering Department Inspector
for review. Once approved by the Engineering Department Inspector, submit six (6)
sets of paper copies and one (1) set of reproducible double matte mylars all in a 24-
inch x 36-inch format.
C. Following approval of the Record Drawings, the Professional Engineer completing the
Record Drawings shall provide the following to FCU in AutoCAD version 2007 or newer:
Horizontal coordinates, elevations, utility linework and other pertinent information for the
purposes of FCU revising and maintaining the utility mapping system.
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3.01 GENERAL
These Criteria typically apply to potable water distribution mains 16-inch diameter and smaller.
Larger mains are considered transmission mains. If a development project includes any
construction of or modification to a transmission main, contact the FCU Water Utilities Senior
Development Review Engineer and the FCU Water Engineering Capital Projects Division for
design and construction requirements.
3.02 WATER/WASTEWATER DEMAND ANALYSIS REPORT
In conjunction with the City’s Development Review Process, FCU may require that the Design
Engineer submit a Water/Wastewater Demand Analysis Report at the time of PDP. If the analysis
report is required, a meeting with FCU Water Utilities Senior Development Review Engineer must
be held to determine the outline and scope of the report.
3.03 WATER SYSTEM MODELING
If, during the development review process, FCU determines that a dynamic analysis is needed for
proper sizing of water mains, FCU will assist with the necessary modeling to evaluate the
proposed project and associated demands with detailed information provided by the Design
Engineer.
3.04 FCU WATER SERVICE AREA
A. FCU provides water service to a portion of the area inside City limits and other areas to the
northwest of the City including parts of the community of Laporte, Colorado. (See Water
Utility Service Areas Map in Appendix B for a map current as of the date of the adoption of
this manual.)
B. Other portions of Fort Collins receive water service from the following water districts:
East Larimer County Water District (ELCO)
232 S Link Lane
Fort Collins, CO 80524
Telephone: 970-493-2044
Fort Collins-Loveland Water District
5150 Snead Drive
Fort Collins, CO 80525
Telephone: 970-226-3104
Northern Colorado Water Association
4389 E Co Rd 70
Wellington, CO 80549
Telephone: 970-568-3975
Sunset Water District
Telephone: 970-491-3237
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West Fort Collins Water District
2711 N Overland Trail
Laporte, CO 80535
Telephone: 970-484-4881
C. When designing water main extensions, it is important to avoid designing/constructing
mains which would interconnect with these various utilities.
3.05 PRESSURE ZONES
Within the FCU water service area, there are two pressure zones. The Foothills Pressure Zone is
located in the western part of the city and extends northwest to the Laporte, Colorado area. The
Main Pressure Zone covers the remainder of the Fort Collins Utility’s water service area. (See
Water Pressure Zones Map in Appendix B) It is important to avoid interconnecting water mains
serving the two distinctly separate pressure zones.
3.06 WATER DISTRIBUTION SYSTEM DESIGN AND LAYOUT
A. General
1. Each development shall have redundant sources of water supply to provide a
combination of adequate fire flow, uninterrupted customer service and acceptable
water quality. Redundancy is typically achieved by making at least two separate and
distinct connections to the existing Public Water System. Based upon the magnitude
and water demands of a proposed development project, FCU may require a greater
number of connections.
2. All distribution mains shall be looped into the existing and proposed distribution
system to ensure at least two feed sources and to maintain system reliability except
where allowed as follows. Permanent dead end mains are discouraged and should be
avoided when practical. The most common exceptions are cul-de-sacs. If a dead end
main is approved by FCU (temporary or permanent), there must be a fire hydrant at
the end for flushing. Where allowed, the length of permanent dead ends shall be
limited to a maximum of 660 feet.
3. Additionally, it is critically important within each development that the site layout be
designed in a manner that accommodates acceptable access for maintenance and
replacement of the system by FCU, including adequately designed all-weather access
for mains installed outside of a public roadway. The Design Engineer shall make
adequate provisions for utility separation requirements and easements outlined in these
Criteria.
B. Hydraulic Parameters
1. Pressure – The distribution system shall be designed to provide a minimum pressure of
40 psi under maximum hour demand flow and a residual pressure of 20 psi at ground
surface elevation under maximum demand condition plus fire flow required by Poudre
Fire Authority.
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2. Velocity – All water mains (with the exception of fire hydrant laterals) shall be
designed for a maximum velocity of 10 feet per second at peak hour demand plus
design fire flow.
C. Water Main Size
1. Allowable Distribution Main Sizes: 6, 8, 12 and 16-inch diameters. Minimum size is
typically 8-inch with the exception of short cul-de-sacs and fire hydrant laterals.
2. Section Lines and Quarter Section Lines: Minimum size is 12-inch unless a larger
main is included in the Distribution System Master Plan.
3. All public water main sizes shall comply with the FCU Water Distribution System
Master Plans.
4. Plan and profile drawings are required in the utility plans for all water mains 12-inch
and larger. On minor projects, the water main profile may be omitted if approved by
the FCU Water Utilities Senior Development Review Engineer.
D. Pipe Material
1. Water mains up to and including 12-inch in diameter shall be cement-mortar lined
ductile iron pipe (DIP) in accordance with AWWA C151 or polyvinyl chloride (PVC)
pipe in accordance with AWWA C900.
2. Water mains 16-inch and larger shall be cement-mortar lined ductile iron pipe (DIP) in
accordance with AWWA C151 or polyvinyl chloride (PVC) pipe in accordance with
AWWA C905.
3. All ductile iron pipe (DIP) shall be installed with polywrap in accordance with
AWWA C105.
4. All polyvinyl chloride (PVC) pipe shall be installed with tracer wire.
E. Alignment
1. Within platted streets, sanitary sewers are typically on the centerline of the street and
water mains are a minimum of 10 feet from the sewer. In addition, the water main
shall be a minimum of 5 feet from the face of curb.
2. Straight Alignment - In general, water mains shall be laid with straight alignments
with manufactured, ductile iron, mechanical joint bends.
3. Curved Alignment – If allowed, water mains installed in curved portions of street
R.O.W.s or easements may be designed utilizing pipe joint deflection.
a. DIP – Pipe joint deflection for DIP shall not exceed 80% of the manufacturer’s
recommended allowable joint deflection.
b. PVC – Pipe joint deflection for PVC pipe shall not exceed 1 degree per section
of pipe. Bending of the pipe is not allowed.
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F. Water Main Depth
Normal depth of cover for all distribution mains is a minimum 4.5 feet to a maximum of 5.5
feet measured from finished grade to top of water main. Depths of cover outside of this
range require approval from the FCU Senior Water Development Review Engineer with
input from Water Field Operations staff. If less than 4.5 feet of cover is allowed, the Design
Engineer must design the thickness and extent of the insulation to be provided to mitigate the
shallower depth of cover and include a detail showing the placement and dimensions of the
insulation and the specifications for the insulation which is suitable for underground
applications.
G. Lowerings
1. In cases where the normal water main depth results in a conflict with other utilities, the
water main shall be lowered to mitigate the conflict. Combination air release / vacuum
valves shall be required at high points that are created by the lowering of 12-inch and
larger water mains and may be required on smaller mains at the discretion of FCU.
2. When the lowering is crossing below another pipeline 18-inch or larger, a bank of
multiple pipelines or a box culvert, the water main shall be installed in a casing. Refer
to Section 3.06 P. of these Criteria for details regarding the casing materials.
a. Casing shall extend a minimum of 10 feet beyond each side of the pipeline or
other utility above.
b. 18” of vertical separation is required between the top of the casing pipe and the
bottom of the other utility.
c. Water main shall be restrained through the casing utilizing restrained joint pipe
or approved joint restraint devices. The use of tie-rods is not allowed.
d. Isolation valves are required at both ends of these lowerings 40 feet back from
the end of the casing and shall be restrained in accordance with the Standard
Detail for Restrained Pipe Lengths for Dead Ends to prevent the valve from
“blowing off” when the piping in the lowering area is disassembled for repair or
replacement.
e. No services or connections are allowed between the isolation valves.
3. All lowerings are subject to the clearance standards contained in these Criteria.
4. Lowerings may be designed utilizing manufactured bends or pipe joint deflections.
a. Manufactured bends shall be mechanical joint (MJ) fittings restrained by
approved mechanical joint restraints with restrained lengths in accordance with
the Standard Detail for Restrained Lengths w/ Approved Joint Restraints for
Lowerings.
b. Pipe joint deflection for DIP shall not exceed eighty percent (80%) of the pipe
manufacturer’s recommendation for maximum joint deflection.
c. Pipe joint deflection for PVC pipe shall not exceed one degree per section of
pipe. Bending of the pipe is not allowed.
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5. All lowerings shall be labeled on the utility plans
6. When fittings are used, a detail for each lowering is required on the utility plans
showing size and elevation of both utilities, fittings, valves, distance between fittings,
casing diameter and thickness (if applicable) and other pertinent information.
7. When pipe joint deflection is used, indicate on the utility plans the water main station
where the deflection starts and ends.
8. Valves may be required at both ends of lowerings other than those noted in Section
3.06 G. 2. C. and, if required, shall be restrained or located sufficiently back from
lowering to prevent the valve from “blowing off” when the piping in the lowering area
is disassembled for repair or replacement.
9. No water services, fire hydrants or fire lines shall be connected to the water main
within the lowering area.
H. Connections to Existing Distribution System
1. FCU seeks to achieve a reliable and redundant water supply for its customers and to
minimize interruptions of service. A service interruption for the purpose of installing
a new water main connection to the existing distribution system must be closely
coordinated with and approved by FCU. Each request for a service interruption will
be evaluated from the standpoint of the impacts on customer water needs, water
quality, fire protection requirements and other pertinent factors that may arise for a
particular development proposal.
2. Connections to the existing system may be made by installing a wet tap or by cutting
in a tee. The preferred approach is to install a wet tap. Each connection will be
reviewed by FCU to determine which method will be required.
3. At the discretion of FCU, a valve may be required at each new connection point to
allow for isolation from the existing system.
I. Valves
1. Gate valves shall be used on all mains up to and including 12-inch.
2. Butterfly valves shall be used on all mains 16-inch and larger and shall be installed in a
valve vault (See Butterfly Valve Vault Standard Detail).
3. Valves are required at all crosses and tees. The minimum number of valves at these
locations is generally the number of connections minus one. For example, a cross
fitting has four connections; therefore, the design should include a minimum of three
valves.
4. No more than 600 feet of water main shall be located between isolation valves. On
transmission water mains with no service connections, valve placement will be
evaluated on a case by case basis.
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5. No more than one fire hydrant shall be located between isolation valves.
6. Valves are required on both sides of stream crossings, railroad crossings and bored
crossings. Valves shall be located back from the crossing or restrained in such a
manner as to prevent the valve from “blowing off” when the pipe is disassembled
between the valves for maintenance or replacement. No water services shall be
connected to the water main between these valves.
7. Valves may be required on both sides of water main lowerings (See Section 3.06 G. of
these Criteria).
8. FCU may require installation of additional valves not shown on the plans when
determined necessary in the field with coordination of the Owner/Developer and/or
Design Engineer.
9. Valves shall be located to provide maximum accessibility and shall not be placed in
areas subject to routine parking and storage operations.
10. Combination air release / vacuum valves are required at high points on all water mains
12-inch and larger and at all other locations as required by FCU.
J. Fire Hydrants
1. All fire protection, fire flow and fire hydrant requirements are subject to the approval
of the Poudre Fire Authority.
2. Hydrant Spacing and Flow
Maximum Distance
Building to Hydrant (*)
Maximum Distance
Between Hydrants (*)
Minimum Flow
at 20 psi
Single-Family
Residential
400 Feet 800 Feet 1,000 gpm
Multi-Family
Residential &
Commercial
300 Feet 600 Feet 1,500 gpm
(*) Distance measured on path of vehicle travel
3. Where water mains are extended along streets through areas that will not be developed
(open space, parks, etc.), hydrants shall be provided at spacing not to exceed 1,000
feet.
4. Hydrants shall be located at intersections whenever possible. Mid-block hydrants
shall be installed at the extension of a property line at a location that avoids conflicts
with dry utility service lines.
5. Fire hydrants shall be placed at the end of all cul-de-sacs. The hydrant valve shall be
located in the paved street a minimum of 5 feet from the curb and gutter. The hydrant,
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gate valve, all pipe joints and fittings from the hydrant to a point a minimum of 100
feet upstream of the valve shall be restrained in accordance with the City of Fort
Collins - Water, Wastewater, Stormwater Development Construction Standards.
6. Hydrants laterals must be restrained at connection to main (swivel tee with gate valve
or wet tap with gate valve), at hydrant and at all joints between the distribution main
and the hydrant with approved joint restraint devices.
7. Fire hydrant assemblies are required on all permanent or temporary dead end water
mains. The hydrant lateral shall be at a right angle to the distribution main installed
with a swivel tee. (See Fire Hydrant Installation Standard Detail).
8. A 3 foot radius in all directions around the hydrant shall be free of all obstructions.
9. Where hydrants are vulnerable to vehicular damage, hydrant shall be protected by fire
hydrant guard posts.
10. All fire hydrants shall have 6 foot depth of bury with fire hydrant flange above
finished grade by 0.1 to 0.2 feet.
11. Hydrants shall be located within the public R.O.W. or utility easement.
K. Thrust Restraint
1. The preferred method of thrust restraint shall be accomplished by restraining pipe
joints and fittings with approved joint restraint devices on all water main fittings and
appurtenances to provide reaction support due to unbalanced thrust forces. The
minimum required restrained joint lengths shall be in accordance with the Standard
Details in these Criteria and the EBAA Iron - Restraint Length Calculator v7.1.2. The
Design Engineer is responsible for determining that the minimum lengths listed in the
Standard Details are adequate to provide the necessary thrust restraint for situations
encountered on the project.
2. The basis for the restrained joint length calculations is listed on the Standard Details.
If the circumstances are different than those listed, the Design Engineer shall submit
revised calculations to FCU for approval.
3. Restrained pipe lengths shall be clearly shown and detailed on the utility plans and
final Record Drawings.
4. Approved joint restraint devices shall be used on all joints and fittings for fire hydrant
installations from the connection at the water main to the connection of the hydrant to
the fire hydrant lateral. (See Standard Detail)
5. Approved joint restraint devices shall be used on all pipe joints within a casing pipe.
6. Approved joint restraint devices are listed in the City of Fort Collins - Water,
Wastewater, Stormwater Development Construction Standards.
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7. With prior approval from FCU, concrete thrust blocks may be used when conditions
make it impractical to use restrained joints for thrust restraint or if requested by the
Contractor, at the discretion of FCU.
8. When a new connection is installed on the existing FCU distribution system by cutting
in a tee or installing a wet tap, a concrete thrust block shall be used for thrust restraint
behind the tee or tapping saddle. This applies to connections for fire hydrants, fire
lines, distribution mains or large domestic services.
L. Services
1. General
a. Water services shall be located a minimum of 10 feet from sewer services,
sanitary sewers, storm sewers and other non-potable pipelines.
b. Water services shall not be installed in the same trench with other utilities. The
only exception will be a fire line that will serve the same building. In this
situation, the domestic water service and the fire line shall be a minimum of 5
feet apart.
c. All portions of service lines shall be installed with a minimum of 4.5 feet of
cover and a maximum of 5.5 feet of cover from final finished grade.
d. Service taps shall be connected directly to FCU water system distribution mains
and shall not be connected to any fire hydrant lateral or fire service line.
e. Services shall be perpendicular to the main from the location of connection to a
point beyond the curb stop (and meter pit where applicable).
f. Service shall be the same size as the meter from the location of connection at the
main to a point 5 feet beyond the meter unless otherwise approved by the FCU
Water Utilities Senior Development Review Engineer. At the point 5 feet
beyond the meter, the size of the service line may be increased to reduce
hydraulic losses.
g. All services ¾-inch through 2-inch shall have a curb stop located within R.O.W.
or utility easement adjacent to the R.O.W.
h. The shut-off/control valve for all services larger than 2-inch shall be an
approved gate valve at the point of connection to the distribution system water
main. The valve shall be restrained to the main at the point of connection with a
swivel tee, tapping sleeve or other approved joint restraint device.
i. Connection for a 3-inch service shall be 4-inch tap with a 4-inch valve and a 4-
inch by 3-inch reducer located at the point of connection at the water main.
j. Services from a property shall connect directly to a public water main without
crossing another private property. This requirement does not apply to the
common, private service lines serving single-family attached dwellings.
k. Materials:
(1) ¾-inch & 1-inch services shall be Type K copper.
(2) 1½-inch & 2-inch services shall be Type K copper or HDPE with tracer
wire.
(3) Services larger than 2-inch shall be DI or PVC with tracer wire.
l. No service connections are allowed within a water main lowering.
m. No service connections are allowed within 10 feet of a utility crossing.
n. Domestic water services and fire lines for a given lot shall be connected the
FCU water main within the confines of the property lines extended.
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o. Domestic water services and fire lines that are not used with the development
shall be abandoned at the main in accordance with Section 3.11 of these Criteria.
2. Domestic Services
a. General
(1) Curb stops shall be located within R.O.W. or utility easement
approximately 1 foot from the property line or back of easement
boundary.
(2) Mixed use buildings must have separate water services for the residential
and commercial portions of the building.
(3) Sizing of water service lines for multi-family and commercial buildings
shall be done by the Design Engineer. When requested, the sizing
calculations shall be submitted to FCU for review and approval.
b. Single Family
(1) Each single family lot shall have a separate ¾-inch water service line
connecting directly to a FCU distribution system water main without
crossing another property.
(2) Water service shall be placed near the center of the lot in a location that
will not be under a drive, tree or structure.
c. Single Family with Carriage House
(1) On a single family lot, water service may be extended from the principal
residence to a carriage house if approved by FCU, if the water service has
adequate capacity for both buildings and if the buildings are on a single
platted lot under single ownership, and as otherwise consistent with City
Code.
d. Duplex
(1) Each dwelling unit in a duplex shall have a separate water service
extending from an FCU water main.
e. Multi-Family
(1) Each multi-family building shall have a separate water service connecting
directly to a FCU distribution system main without crossing another
property; however, FCU may require a multi-family building to have more
than one service.
f. Single Family Attached Dwellings
(1) For single family attached dwellings where each dwelling unit is on a
separate platted lot, each unit must have a separate shut-off and meter;
however, if approved by FCU, a common, private water service can be
extended across property lines to serve up to six units with each unit
having a separate shut-off and meter connecting to the common, private
water service line. (See City Code Section 26-94)
g. Non-Residential
(1) Each non-residential building shall have a separate water service
connecting directly to a FCU distribution system main without crossing
another property; however, FCU may require a non-residential building to
have more than one service.
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3. Irrigation Services
a. Separate irrigation services and meters connecting to distribution system mains
are allowed subject to fees and charges included in Chapter 26 of City Code.
b. Each separate irrigation service must connect directly to an FCU distribution
system main and must not cross another property to reach the property being
irrigated.
c. An approved backflow device in compliance with all applicable City regulations
will be required on all irrigation services.
d. Sizing of water service lines for irrigation services shall be done by the Design
Engineer. When requested, the sizing calculations shall be submitted to FCU for
review.
e. The final capacity of a water service/meter is dependent on the system pressure
and water tap size. There is no guarantee of available flow based on meter size.
4. Fire Services
a. Fire sprinkler lines 2-inch and smaller shall have a curb stop located within
R.O.W. or utility easement adjacent to the R.O.W.
b. Fire sprinkler lines larger than 2-inch shall have an approved gate valve at the
point of connection to the FCU distribution system water main.
c. No domestic water service taps are allowed to connect to a fire line.
M. Meters
1. All domestic and irrigation water services connected to the FCU water distribution
system shall be metered.
2. Water meter sizes allowed include ¾, 1, 1½, 2, 3, 4, and 6-inch.
3. Single family residences shall be limited to one ¾-inch meter and service.
4. Meter locations:
a. ¾-inch meters may be installed within a building or outside in a water meter pit.
(See Standard Detail Drawings for interior and exterior meter settings.)
b. Meters 1-inch and larger shall be installed outside in meter pits/vaults.
c. Modifications to the meter locations may be approved by the Utilities Executive
Director or his/her assigned delegate during the Development Review process.
5. Interior meters shall be located where the water service enters the building and shall
not be in crawl spaces. In commercial buildings, interior meters must be installed in a
mechanical or fire riser room.
6. Exterior meters (¾-inch through 2-inch) shall be installed within 2 feet of the curb
stop.
7. Exterior meters shall be located in landscaped areas. The only exception to this is in
commercial areas where there is no landscaped area between the street and the
building.
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8. Modification, alteration or relocation of metering equipment must be approved by
FCU before any such modification, alteration or relocation occurs.
8. The Design Engineer/Developer is responsible for determining the potential loadings
on meter pits/vaults and shall provide adequate structural strength for these loadings.
FCU may require AASHTO HS-20 loadings at its option.
10. Meter installations must be located to provide protection from freezing and frost
damage.
N. Borings
1. Water mains through City of Fort Collins or another agency’s R.O.W. or easement
may require a bored casing pipe to facilitate main installation. The type of bored
casing material and its properties will be specified by the agency granting permission
for the crossing. Such crossings are subject to the approval of FCU to avoid conflicts
between the requirements or standards between the City and the agency granting
permission to cross.
a. A letter, permit or approved crossing application from the agency granting
permission to cross must be provided to FCU prior to boring.
b. The City will not accept any crossings that require an annual user or crossing fee
be paid to the agency granting permission to cross. All bored crossing fees, if
applicable, shall be paid by the developer prior to boring.
c. Valves are required at each end of the boring.
O. Corrosion Control and Cathodic Protection
1. Certain existing water mains within the FCU water transmission and distribution
system are equipped with cathodic protection (CP) systems.
a. All existing CP test stations shall be shown on the utility plans with notes to
protect in place.
b. When a new DIP water main is being connected to an existing CP main, the new
main must be isolated from the CP main by installing a short section of PVC
pipe (See Standard Detail).
c. When a new DIP water main is installed and is crossing a CP main, a CP test
station may be required to monitor the integrity of the CP system.
2. If the use of DIP water main or steel casing is proposed, the Design Engineer shall
have a soil resistivity survey of the construction area performed by a certified
Geotechnical Engineer to evaluate the corrosion potential of the soil and to make
recommendations on any corrosion protection measures such as pipe type or cathodic
protection. The FCU Water Utilities Senior Development Review Engineer will
review the soil resistivity report, the Engineer’s recommendations and the service
history for the water system corrosion in the area and will determine the type of pipe
to be used or the type of corrosion protection to be provided prior to approval of the
utility plans.
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a. The distance between the soil sample locations for the survey shall be at the
discretion of FCU; however, testing frequency shall not be less than one test for
every 400 feet of pipe.
b. Soil samples shall be taken at pipe depth.
3. All joints on the proposed DIP water main shall be bonded with the use of copper wire
exothermically welded to the sections of DIP main.
P. Casing Pipe
1. Casing pipe shall be steel unless otherwise approved by the Water Utilities Senior
Development Review Engineer; however, FCU reserves the right to require a specific
casing pipe material for any public water main installation.
2. Each casing pipe installation shall be specifically designed by the Design Engineer.
3. If steel casing pipe is to be used, a soil resistivity analysis shall be performed and the
need for cathodic protection shall be evaluated in accordance with Section 3.06 O. 2.
of this Criteria.
a. A 20 pound anode and CP test station is required on both ends on a steel casing
pipe. The anode wire and the test station wire shall be exothermically welded to
the steel casing pipe.
Q. Phased Installations and Stub-outs
1. If phasing of the water distribution system improvements is proposed by the
developer, the phasing shall be clearly defined and shown in the utility plans.
2. The proposed phasing shall maintain looping integrity within the system.
3. The phased system design shall meet all water demands and fire flow requirements for
the portion of the development being served.
4. An inline valve and fire hydrant (temporary or permanent) shall be required at the end
of each phase or stub-out. The fire hydrant assembly shall be constructed with the
hydrant off the side of the street (See for Fire Hydrant Installation Standard Detail).
5. Phased water mains/stub-outs shall be valved such that only one valve needs to be
closed when the main is extended and no customers are without service. The valve
must be appropriately restrained to prevent the valve from “blowing off” when the
water line is exposed and the thrust blocking is removed for extension of the main.
6. Stub-outs not utilized shall be abandoned in accordance with these criteria.
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3.07 SEPARATION FROM OTHER UTILITIES AND BUILDINGS
A. Horizontal
1. Wet Utilities: Sanitary sewers, storm sewers, non-potable/reclaimed pipelines, etc.
running parallel to a public water main or related appurtenance shall not be closer than
10 feet.
2. District Water Mains: If a water main is proposed to be installed parallel to a District
water main, the FCU separation requirement is 10 feet; however, the District should
also be contacted to determine if the District has any additional requirements.
3. Dry Utilities: Natural gas, electric, cable TV, telephone/communication, etc. running
parallel to a public water main or related appurtenance shall be no closer than 10 feet.
In certain situations, there may be some flexibility to this requirement; however, this
would be an exception to the normal requirement and would only be allowed with the
approval of the FCU Water Utilities Senior Development Review Engineer.
4. Buildings and Structures: Water mains shall be a minimum of 15 feet from all
buildings and structures.
B. Vertical – When a water main crosses another public or private utility, irrigation or drainage
ditch or natural stream, the crossing design shall protect the water main and other utility’s
structural integrity, prevent contamination of the main and mitigate future system impacts
and costs of repair. The entity responsible for the utility, ditch, railroad or other structure
crossed may also impose additional criteria.
1. All crossings shall be clearly identified and dimensioned on the plan view and profile
view on the utility plans.
2. Water Crossing over Wastewater/Stormwater/Other non-potable Systems – When a
public water main crosses these types of systems, the water main shall cross above
with a minimum of 18-inches vertical clearance from the system and maintain the
minimum depth of cover required by these Criteria.
a. A vertical clearance of less than 18-inches may be allowed with prior approval
of the FCU Water Utilities Senior Development Review Engineer. In these
cases, all joints of the non-potable utility within 10 feet of the water main shall
be wrapped with butyl adhesive tape or all piping of the non-potable system
within 10 feet of the water main shall be C900/C905 PVC as required by the
FCU Water, Wastewater, Stormwater Development Construction Standards.
3. Water Crossing under Wastewater/Stormwater/Other Non-Potable Systems - When a
public water main crosses under these types of systems, the water main should
maintain 18-inches of vertical clearance from such systems. All joints of the
wastewater/stormwater/other non-potable utility within 10 feet of the water main shall
be wrapped with butyl adhesive tape or the piping of the non-potable system within 10
feet of the water main shall be C900/C905 PVC as required by the FCU Water,
Wastewater, Stormwater Development Construction Standards.
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a. For wastewater, stormwater or other non-potable pipelines 18-inch and larger,
the water main shall be installed in a casing pipe. The casing shall extend a
minimum of 10 feet beyond each side of the crossing.
3.08 DITCH CROSSINGS
A. When a water main is crossing a Named Ditch Company, the Developer shall contact the
Ditch Company and obtain all permits and approvals for each crossing. In addition to the
requirements of these Criteria, the Ditch Company may add to or modify the requirements of
these Criteria, provided the requirements are more stringent. All permit/crossing fees and
costs shall be paid by the Developer.
1. Steel Casing – The casing shall be of sufficient length so that the ends of the casing
may be exposed without excavating in the ditch R.O.W. or easement and a minimum
of 10 feet beyond any toe or top of slope to ditch. The steel casing pipe shall be in
accordance with Section 3.06 P. of these Criteria.
2. Cut-off Walls – A clay or concrete cut-off wall shall be placed on both ends of the
casing pipe. The cut-off wall shall extend to 1 foot above the maximum free surface
water elevation of the ditch (or as required by the Ditch Company). (Refer to Standard
Details.)
3. Cover – Cover over the casing shall be 3 feet or more from flowline of ditch to top of
casing.
4. Ditch Repair – All ditches shall be restored according to the Ditch Company’s
requirements.
B. Valves are required on both sides of the ditch crossing. Valves shall be located back from
the crossing or restrained in such a manner as to prevent the valve from “blowing off” when
the pipe is disassembled between the valves for maintenance or replacement. No water
services shall be connected to the water main between these valves.
3.09 ROUNDABOUT CROSSSINGS
A. Where an existing or proposed water main crosses a roundabout, the following design
criteria shall apply:
1. All valves, fittings, fire hydrants, services and appurtenances shall be located outside
the center median of the roundabout. It shall be the Developer’s responsibility to
relocate any of these existing facilities outside of the center median.
a. If there are no water mains connecting from a perpendicular alignment, the
water main may be installed in a casing pipe through the roundabout median. It
shall be the Developer’s responsibility to re-construct and install any existing
water main in a casing.
(1) If the water main is installed in a casing, isolation valves shall be installed
on both sides of the roundabout 40 feet from each end of the casing and
shall be restrained in accordance with the Standard Detail for Restrained
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Pipe Lengths for Dead Ends to prevent the valve from “blowing off” when
the piping in the roundabout area is disassembled for repair or
replacement.
(2) Approved joint restraint devices shall be used on all pipe joints within a
casing pipe.
(3) No services or connections are allowed between the isolation valves.
b. If there are water mains connecting from a perpendicular alignment, all water
mains shall be routed around the center median. (See Standard Detail) It shall
be the Developer’s responsibility to re-locate any existing water mains.
2. Water service taps shall be located a minimum of 5 feet outside the roundabout center
median. It will be the Developer’s responsibility to relocate any service taps outside
of the median.
3.10 LANDSCAPE SEPARATION DISTANCES
A. Trees – Trees shall be a minimum of 10 feet from all water mains and fire hydrants and 6
feet from water services including curb stops and meter pits/vaults.
B. Shrubs – Shrubs shall be a minimum of 4 feet from water mains, fire hydrants and water
services.
3.11 ABANDONMENT OF MAINS AND SERVICES
A. Any water mains or water services that were installed and will not be used (such as in the
case of a replat or change in project layout) shall be abandoned at the main. This shall
include excavating at the main and disconnecting the line to be abandoned as directed by
FCU Field Operations Staff. Each situation will be evaluated on a case-by-case basis to
determine if the valve at the connection point is to be removed. All fire hydrants, valve
boxes, curb stops and meter pits/vaults associated with the main being abandoned shall be
removed.
B. When a water main is to be abandoned and the main will not be under a proposed building,
the main may be abandoned in place and left in the ground if approved by FCU and labeled
accordingly on the City approved utility plans. The abandoned main shall be drained and
both ends shall be plugged with concrete. Mains 12-inch and larger shall be flash filled in
accordance with the City of Fort Collins - Water, Wastewater, Stormwater Development
Construction Standards.
C. Any existing water services within or adjacent to a site being re-developed that are not being
used shall be abandoned at the main as directed by FCU Field Operations Staff. This shall
include the removal of the curb stop box or valve box on the abandoned service and removal
of any meter pits/vaults.
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4.01 GENERAL
These Criteria typically apply to sanitary sewers 15-inch diameter and smaller. Larger sanitary
sewers are classified as interceptor sewers. If a development project includes any construction of
or modification to an interceptor sewer, contact the FCU Water Utilities Senior Development
Review Engineer and the FCU Water Engineering Capital Projects Division for design and
construction requirements.
4.02 WATER/WASTEWATER DEMAND ANALYSIS REPORT
In conjunction with the City’s Development Review Process, FCU may require that the Design
Engineer submit a Water/Wastewater Demand Analysis Report at the time of PDP. If the analysis
report is required, a meeting with FCU Water Utilities Senior Development Review Engineer must
be held to determine the outline and scope of the report.
4.03 WASTEWATER SYSTEM MODELING
If dynamic analysis is needed for proper sizing of sanitary sewers, FCU will assist with the
necessary modeling to evaluate the proposed project and associated demands with detailed
information provided by the Design Engineer.
4.04 FCU WASTEWATER SERVICE AREA
A. FCU provides wastewater service to a portion of the area inside City limits and other areas
to the northwest of the City including parts of the community of Laporte, Colorado. (See
Wastewater Utility Service Areas Map in Appendix B for a map current as of the date of
adoption of this manual.)
B. Certain portions of Fort Collins receive wastewater service from the following districts:
Boxelder Sanitation District
3201 E Mulberry, Suite Q
Fort Collins, CO 80524
Telephone: 970-498-0604
Cherry Hills Sanitation District
512 N Link Lane
Fort Collins, CO 80524
Telephone: 970-493-6130
South Fort Collins Sanitation District
5150 Snead Drive
Fort Collins, CO 80525
Telephone: 970-226-3104
C. When designing sanitary sewer extensions, it is important to avoid designing/constructing
mains which would interconnect with these various utilities.
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4.05 WASTEWATER PUMP STATIONS
Pump stations are generally discouraged. FCU currently has no public pump stations in the
Wastewater Collection System. If a FCU pump station is to be considered, it must be a regional
station serving a large area rather than a station serving an individual subdivision or development.
All pump stations must be approved by the Water Engineering and Field Services Manager. If
allowed, the details and requirements pertaining to the type, design and construction of the pump
station will be determined at that time.
4.06 WASTEWATER COLLECTION SYSTEM DESIGN AND LAYOUT
A. General
1. Each property or lot shall have frontage on public R.O.W. so that any service lines will
not cross another property.
2. The design and layout of the system must provide for the extension of the sanitary
sewers to adjacent properties that may develop in the future.
3. Utility locations, alignments and separations noted herein are required for new
developments and redeveloping areas.
4. It is very important within each development or redevelopment area that the site layout
be designed in such a manner that accommodates acceptable access for future
maintenance by FCU. This includes providing adequate separation distances from
other utilities and structures and providing the easements necessary for future
maintenance activities.
5. Sanitary sewers shall extend across the entire frontage of a property unless otherwise
approved by FCU.
6. No connections to the wastewater collection system are allowed which would add
surface water or groundwater to the wastewater system. This includes roof drains,
drainage tiles, foundation drains, area drains, etc.
7. Floor drains internal to covered parking that collect drainage from drippings off
parked vehicles or water used for washing down internal floors shall be connected to
the sanitary sewer using appropriate sand and oil interceptors. The drainage from the
top floor of a parking facility which is subject to runoff caused by precipitation events
shall not be discharged to the sanitary sewer system.
B. Hydraulic Design
1. Design Flows: Wastewater design flows shall be the peak daily flow plus wet weather
infiltration and inflow (I&I). The per capita or per acre flow contributions and I&I
flow contributions are subject to the approval of the FCU Water Utilities Senior
Development Review Engineer.
2. Manning’s Equation using Mannings Coefficient of n = 0.013 shall be used for sizing
sewers.
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3. Minimum sizes: Minimum size for public sanitary sewers is 8-inch. Minimum size
for private sewer services is 4-inch.
4. Depth of Flow: The maximum allowable depth to diameter ratio for sanitary sewer
flows at peak flow conditions is d/D = 0.5 for sewers up to and including 15-inch. For
sewers larger than 15-inch, contact the FCU Water Utilities Senior Development
Review Engineer and the FCU Water Engineering Capital Projects Division for design
and construction requirements.
5. Velocity: Sanitary sewers shall be designed so that the design flow velocity is at least
2 feet per second and does not exceed 10 feet per second.
6. Slope: The following table gives the minimum and maximum allowable slopes for
sanitary sewers. All sanitary sewers shall be designed and constructed with constant
slope between manholes.
Diameter
(Inches)
Minimum Slope
(Percent)
Maximum Slope
(Percent)
Services
4
6
2.0%
1.0%
21.0%
12.2%
Mains
8
10
12
15
0.40%
0.28%
0.22%
0.15%
8.4%
6.1%
4.9%
3.6%
C. Pipe Material
1. The only pipe material for gravity sanitary sewers currently included in the City of
Fort Collins – Water, Wastewater, Stormwater Development Construction Standards is
polyvinyl chloride (PVC) pipe. If an alternate material is proposed, it shall be
evaluated in accordance with Section 01000 and Section 01600 of the City of Fort
Collins - Water, Wastewater, Stormwater Development Construction Standards and
Section 1.05 of these Criteria.
D. Alignment
1. Within platted streets, sanitary sewers are typically on the centerline of the street and
water mains are a minimum of 10 feet from the sewer. If this location is not possible,
the sanitary sewer should be aligned such that the manholes are in the center of a
travel lane so as to not be in a wheel path. In those situations, the sanitary sewers must
also be a minimum of 5 feet from the curb and gutter.
2. No curvilinear sanitary sewers are allowed.
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E. Sewer Depth
1. Minimum cover above top of sanitary sewers shall be 4 feet.
2. Depths greater than 20 feet require approval of the FCU Water Utilities Senior
Development Review Engineer and may require greater separation distances from
other utilities, structures and landscaping and may require additional easement width.
F. Groundwater Barriers
1. In situations where groundwater is known or found to be above the elevation of the
sanitary sewer or if there is a possibility that groundwater may be diverted by the
construction of the new water mains and sanitary sewers, groundwater barriers shall be
constructed within the sanitary sewer trench to prevent groundwater migration or
diversion along the sewer main.
2. Groundwater barriers are typically located upstream of manholes and shall be spaced a
maximum of 400 feet apart.
3. Groundwater barriers shall extend through the full depth of the granular bedding/pipe
zone material and project 1 foot beyond each side of the trench wall. In addition, the
groundwater barrier shall extend to a point 1 foot above the maximum peak wet season
subsurface groundwater level but not less than 3 feet above the top of pipe.
4. Groundwater barriers shall be installed on both sides of all natural waterways, ponds,
lakes or irrigations ditches.
5. Groundwater barriers shall be shown and labeled on the sanitary sewer plan and
profile sheets of the utility plans.
G. Manholes
1. Manholes are required at any change in size, slope or direction of a sanitary sewer, at
connecting points with other sanitary sewers and at the end of a sanitary sewer line.
2. When a pipe is stubbed out of a manhole for a future sewer connection, the stub-out
shall be no more than 2 feet long.
3. Manholes shall not have less than 90 degrees between incoming and outgoing sanitary
sewers.
4. Manholes are required at points where services larger than 6-inch diameter connect to
sanitary sewers.
5. Maximum spacing between manholes shall be 500 feet with typical spacing at 400
feet.
6. Manholes shall have a minimum 0.1 foot drop in invert elevation for straight through
manholes. Manholes with change in horizontal flow direction greater than 30 degrees
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shall have 0.2 foot drop between incoming invert elevation(s) and outgoing invert
elevation.
7. Manholes with more than 2 feet between inlet and outlet invert elevations shall be
constructed with an outside drop connection.
8. No inside drop connections are allowed.
9. When there is a change in size of sanitary sewer at a manhole, the crowns of the two
sewers shall be set at the same elevation. However, if a lateral sanitary sewer is
connecting to an interceptor sewer (18-inch or larger in diameter), the invert of the
lateral sewer should be set at the crown of the interceptor.
10. Minimum diameter for manholes is listed in the Standard Manhole Detail Drawing.
Larger manholes may be required to accommodate multiple incoming mains or large
radius horizontal flow channel bends.
11. Manhole invert channels shall be formed with smooth curves having as large a radius
as the manhole will permit to minimize turbulence. The flow channel shall be U-
shaped with a height equal to three-fourths the diameter of the outgoing sanitary
sewer.
12. Manholes shall maintain a minimum clearance of 5 feet from curb and gutter and 10
feet from cross pans to the outside edge of the manhole.
13. If subject to flooding, manhole shall have a bolted, water-tight ring and cover. Bolted,
water-tight ring and covers shall be noted and labeled on the sewer plan and profile
drawings.
14. When connection is proposed to an existing manhole, FCU will assess the condition of
the manhole to determine if special construction, repair or replacement by developer
will be required.
15. All connections to existing manholes shall be made by core drilling and grout sealing
the opening into the manhole above the manhole bench. The Design Engineer shall
use the elevation of the top of the bench as the starting elevation for the new sewer, or
if connecting to an interceptor sewer, use the criteria contained in 4.06 G. 9. When
connection is above the manhole bench, add a note to construct/form a new invert to
direct the flow to the existing, main channel.
16. All weather access roads shall be required to manholes located outside of street
R.O.W. Access roads shall be a minimum of 15 feet wide and designed and
constructed to support maintenance vehicles weighing 40 tons. Carsonite marker posts
(provided by FCU) shall be placed at all manholes outside of street R.O.W.
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H. Services
1. General
a. Within the R.O.W., services shall be perpendicular to the sanitary sewer main.
b. Sanitary sewer services shall be a minimum of 10 feet from all water services.
c. Sanitary sewer services shall not be installed in trenches with other utilities.
d. Sanitary sewer services for a given property must be installed on the sanitary
sewer main within the confines of the property lines extended.
e. Mixed use buildings must have separate sewer services for the residential and
commercial portions of the building.
f. Sanitary sewer services are not allowed to connect at manholes unless approved
by FCU Water Utilities Senior Development Review Engineer.
g. For sanitary sewer services 8-inch or larger, a manhole is required at the point of
connection.
h. Connection of 6-inch service to an 8-inch sewer must be made by cutting in a
tee or wye fitting or installing a manhole.
i. Sanitary sewer services that are not used shall be abandoned at the main in
accordance with Section 4.11 of these Criteria.
2. Residential
a. Single Family
(1) Each single family lot shall have a separate sewer service line connecting
directly to a FCU sanitary sewer without crossing another property.
(2) Services shall be located in the downstream portion of each lot a
minimum of 10 feet from the water service for that portion located within
public R.O.W. or easement.
b. Single Family with Carriage House
(1) On a single family lot, sewer service may be extended from the principal
residence to a carriage house if approved by FCU, if the sewer service has
adequate capacity for both buildings and if the buildings are on a single
platted lot under single ownership, and as otherwise consistent with City
Code.
c. Duplex
(1) Each dwelling unit in a duplex shall have a separate sewer service
extending from an FCU sanitary sewer main.
d. Multi-Family
(1) Each multi-family building shall have a separate sewer service connecting
directly to a FCU sanitary sewer without crossing another property;
however, FCU may require a multi-family building to have more than one
service.
f. Single Family Attached Dwellings
(1) For single family attached dwellings where each dwelling unit is on a
separate platted lot, each unit must have a separate sewer service with
cleanout; however, if approved by FCU, a common, private sewer service
can be extended across property lines to serve up to six units. (See City
Code Section 26-256)
g. Non-Residential
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(1) Each non-residential building shall have a separate sewer service
connecting directly to a FCU sanitary sewer without crossing another
property; however, FCU may require a non-residential building to have
more than one service.
(2) Monitoring manholes may be required on services from non-residential
facilities with high-strength waste.
(3) Grease interceptors are required on the services for all restaurants and
facilities with commercial kitchens.
(4) Sand and oil interceptors are required on services from facilities with
indoor auto service bays and from services from the portions of parking
garages that do not collect runoff from rainfall or snow melt.
(5) Details for grease interceptors and sand and oil interceptors are included
in the City of Fort Collins - Water, Wastewater, Stormwater Development
Construction Standards.
I. Subdrains
1. Subdrains shall not be connected to the wastewater collection system. Subdrains shall
only discharge to the storm drainage system or designed detention areas.
2. Subdrains may be permitted in public R.O.W. If allowed, the Developer shall be
required to submit a soils investigation and report as outlined in Chapter 5 of the
LCUASS for review and approval by the City Engineering Department.
3. Subdrains built in the public R.O.W. for private drainage shall be private
improvements and shall include provisions for maintenance by the local homeowners
association or other private entity.
4. Subdrains shall meet the requirements contained in Chapter 12 of the LCUASS.
J. Borings
1. Sanitary sewers through City of Fort Collins or another agency’s R.O.W. or easement
may require a bored casing pipe to facilitate main installation or replacement. The
type of bored casing material and its properties will be specified by the agency
granting permission for the crossing. Such crossings are subject to the approval of
FCU to avoid conflicts between the requirements or standards between the City and
the agency granting permission to cross.
a. A letter, permit or approved crossing application from the agency granting
permission to cross must be provided to FCU prior to boring.
b. The City will not accept any crossings that require an annual user or crossing fee
be paid to the agency granting permission to cross. All bored crossing fees, if
applicable, shall be paid by the developer prior to boring.
K. Casing Pipe
1. Casing pipe shall be steel unless otherwise approved by the Water Utilities Senior
Development Review Engineer; however, FCU reserves the right to require a specific
casing pipe material for any public sewer main installation.
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2. Each casing pipe installation shall be specifically designed by the Design Engineer.
3. If steel casing pipe is to be used, a soil resistivity analysis shall be performed and the
need for cathodic protection shall be evaluated in accordance with Section 3.06 O. 2.
of these Criteria.
a. A 20 pound anode and CP test station is required on both ends on a steel casing
pipe. The anode wire and the test station wire shall be exothermically welded to
the steel casing pipe.
L. Phased Installations and Stub-outs
1. If phasing of the wastewater collection system improvements is proposed by the
developer, the phasing shall be clearly defined and shown in the utility plans.
2. The phased system shall be designed for full build out of the development being
served including any additional offsite flows that must be passed through the
development.
3. The stub-out design and installation shall maintain the vertical and horizontal
alignment in accordance with these Criteria and with the City approved utility plans.
4. The system shall be designed such that a manhole is located at the phase line between
portions of the development or the sanitary sewer shall be extended to the next
manhole with the phase under construction
5. Sanitary sewer main stub-outs not utilized shall be abandoned in accordance with
these Criteria.
4.07 SEPARATION FROM OTHER UTILITIES
A. Horizontal
1. Water mains and storm drains shall be a minimum of 10 feet horizontally from any
part of the FCU wastewater collection system.
2. Dry Utilities (Natural gas, electric, cable TV, telephone/communication, etc.) shall be
a minimum of 10 feet horizontally from any part of the public wastewater collection
system.
B. Vertical – When a sanitary sewer crosses anther public or private utility, irrigation or
drainage ditch or natural stream, the crossing design shall protect the sanitary sewer and
other utility’s structural integrity, prevent contamination of the main and mitigate future
system impacts and costs of repair. The entity responsible for the utility, ditch, railroad or
other structure crossed may also impose additional criteria.
1. All crossings shall be clearly identified and dimensioned on the plan view and profile
view on the utility plans.
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2. Sanitary Sewer Over or Under a Water Main – See Section 3.07 of these Criteria.
3. Sanitary Sewer Crossing Over Storm Drainage Systems – When a public sanitary
sewer crosses over a storm sewer, the sanitary sewer should cross above with a
minimum of 18-inches vertical clearance from the storm drain system and maintain the
minimum depth of cover required by these Criteria.
a. A vertical clearance of less than 18-inches may be allowed with prior approval
of the FCU Water Utilities Senior Development Review Engineer.
4. Sanitary Sewer Crossing Under Storm Drainage System - When a public sanitary
sewer crosses under a storm drain, the sanitary sewer should have a minimum of 18-
inches of vertical clearance from the storm drain.
a. A vertical clearance of less than 18-inches may be allowed with prior approval
of the FCU Water Utilities Senior Development Review Engineer.
b. For storm drains 24-inch and larger, the sanitary sewer shall be installed in a
casing pipe.
4.08 DITCH CROSSINGS
A. When a sanitary sewer is crossing a Named Ditch Company, the Developer shall contact the
Ditch Company and obtain all permits and approvals for each crossing. In addition to the
requirements of these Criteria, the Ditch Company may add to or modify the requirements of
these Criteria, provided the requirements are more stringent. All permit/crossing fees and
costs shall be paid by the Developer.
1. Steel Casing – The casing shall be of sufficient length so that the ends of the casing
may be exposed without excavating in the ditch R.O.W. or easement and a minimum
of 10 feet beyond any toe or top of slope to ditch. The steel casing pipe shall be in
accordance with Section 4.06 K. of these Criteria.
2. Cut-Off Walls – A clay or concrete cut-off wall shall be placed on both ends of the
casing pipe. The cut-off wall shall extend to 1 foot above the maximum free surface
water elevation of the ditch (or as required by the ditch company). (Refer to Standard
Details.)
3. Cover – Cover over the casing shall be 3 feet or more from flowline of ditch to top of
casing.
4. Ditch Repair – The ditch being crossed shall be restored in accordance with the ditch
owner’s requirements.
4.09 ROUNDABOUT CROSSINGS
A. Where an existing or proposed sanitary sewer crosses a roundabout, the following design
criteria shall apply:
1. Manholes shall be located outside of the center median of the roundabout and in the
center of a travel lane.
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a. If there are no sanitary sewers connecting from a perpendicular alignment, the
sewer shall be installed in a casing pipe through the roundabout median. It shall
be the Developer’s responsibility to re-construct and install any existing sewers
in a casing. Approved joint restraint devices shall be used on all pipe joints
within a casing pipe.
b. If there are sanitary sewers connecting from a perpendicular alignment, all
sewers shall be routed around the center median with all manholes located in the
center of a travel lane. It shall be the Developer’s responsibility to re-locate any
existing sewers.
2. Sewer service taps shall be located a minimum of 5 feet outside the roundabout. It
will be the Developer’s responsibility to relocate any existing service taps outside of
the roundabout.
4.10 LANDSCAPE SEPARATION DISTANCES
A. Trees – Trees shall be a minimum of 10 feet from sanitary sewers and 6 feet from sewer
services.
B. Shrubs – Shrubs shall be a minimum of 4 feet from sanitary sewers and sewer services.
4.11 ABANDONMENT OF MAINS AND SERVICES
A. Any sanitary sewers that were installed and will not be used (such as in the case of a replat
or change in project layout) shall be abandoned at a manhole. This shall include excavating at an
existing manhole, disconnecting and plugging the line to be abandoned as directed by FCU Field
Operations Staff. Each situation will be evaluated on a case-by-case basis to determine if other
special requirements will apply.
B. All manholes on an abandoned sanitary sewer shall be removed and the ends of the sanitary
sewer shall be plugged with concrete.
C. When a sanitary sewer is to be abandoned and will not be under a proposed building, the
sanitary sewer may be abandoned in place and left in the ground if approved by FCU and labeled
accordingly on the City-approved utility plans. The ends of the sanitary sewer shall be plugged
with concrete. Sanitary sewers 12-inch and larger shall be flash filled in accordance with the City
of Fort Collins - Water, Wastewater, Stormwater Development Construction Standards.
D. Any existing sewer services within or adjacent to a site being re-developed that are not being
used shall be abandoned at the main as directed by FCU Field Operations Staff.
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Attachment: Exhibit A (5485 : Water/Wastewater Criteria Manual ORD)
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Water Utility Service Areas
Water Pressure Zones
Wastewater Utility Service Areas
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Attachment: Exhibit A (5485 : Water/Wastewater Criteria Manual ORD)
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Attachment: Exhibit A (5485 : Water/Wastewater Criteria Manual ORD)
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Attachment: Exhibit A (5485 : Water/Wastewater Criteria Manual ORD)
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Attachment: Exhibit A (5485 : Water/Wastewater Criteria Manual ORD)
Agenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY April 18, 2017
City Council
STAFF
Josh Birks, Economic Health Director
SUBJECT
Second Reading of Ordinance No. 051, 2017, Appropriating Prior Year Reserves in the General Fund to
Support the Idea 2 Product 3D Printing Community Center.
EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading on March 21, 2017 by a vote of 6-0 (Troxell recused), appropriates
General Fund Reserves to support the relocation of the Idea 2 Product (I2P) laboratory and develop a 3D
Printing Community Center. The City through the proposed appropriation will pledge $150,000 to support the
relocation and construction of the 3D Printing Community Center within the Fort Collins community. The funds
will be pledged contingent upon the ability of I2P, the operator of the 3D Printing Community Center, to raise a
total (including the City's pledge) of $3.0 million from private sources, other communities, and grants. The
pledge will terminate at the end of 2017 unless I2P has successfully raised funds and may be renewed at City
Council's option in future years.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, March 21, 2017 (w/o attachments) (PDF)
2. Ordinance No. 051, 2017 (PDF)
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Agenda Item 20
Item # 20 Page 1
AGENDA ITEM SUMMARY March 21, 2017
City Council
STAFF
Josh Birks, Economic Health Director
SUBJECT
First Reading of Ordinance No. 051, 2017, Appropriating Prior Year Reserves in the General Fund to Support
the Idea 2 Product 3D Printing Community Center.
EXECUTIVE SUMMARY
The purpose of this item is to present City Council with an Ordinance appropriating General Fund Reserves to
support the relocation of the Idea 2 Product (“I2P”) laboratory and develop a 3D Printing Community Center.
The City through the proposed appropriation will pledge $150,000 to support the relocation and construction of
the 3D Printing Community Center within the Fort Collins community. The funds will be pledged contingent
upon the ability of I2P, the operator of the 3D Printing Community Center, to raise a total (including the City's
pledge) of $3.0 million from private sources, other communities, and grants. The pledge will terminate at the
end of 2017 unless I2P has successfully raised funds and may be renewed at City Council's option in future
years.
STAFF RECOMMENDATION
Staff recommends adoption of this Ordinance on First Reading.
BACKGROUND / DISCUSSION
This funding will accelerate innovation, commercialization and entrepreneurship in Fort Collins by expanding
City support of the I2P Lab currently housed on the Colorado State University (CSU) campus.
History of Idea 2 Product
Three years ago Colorado State University (CSU) created the I2P lab with the intention of providing support for
innovators in the community. Since opening, I2P has leveraged City cluster funding to enable nearly 2,000
user sessions and trained nearly 500 new users in 3D printing and scanning. Established companies and
individual entrepreneurs alike have developed products and prototypes accelerating their innovation and
commercialization capability. There are numerous stories about the success of the current I2P lab.
The I2P Lab has received assistance through the Economic Health Office (EHO) industry cluster grant
program in both of the last two years totally $34,000. I2P has been tentatively awarded $20,000.
Future Plans
I2P has been a huge success on the CSU campus; however, it has not had the community reach stated in its
goals. In order to connect better with the entrepreneurial community and private businesses, I2P would like to
develop an off-campus 3D Printing Community Center. This center would provide a wide range of 3D printing
solutions. The facility will:
Move off CSU campus in downtown (location TBD), close to public transportation, while maintaining a
strong CSU connection and remaining a CSU entity. The current I2P Lab would move.
ATTACHMENT 1
15.1
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Attachment: First Reading Agenda Item Summary, March 21, 2017 (w/o attachments) (5478 : SR 051 3D Printing Center)
Agenda Item 20
Item # 20 Page 2
Expand I2P's community, directly enabling the "grow your own" theme adopted by the City of the 2015
Economic Health Strategic Plan - expanding workforce development, business incubation and enhancing
downtown economic viability. Fort Collins maker group is eager to use I2P II. I2P II would host STEM
groups, artist guilds, and any other groups. Funds from this offer would enable marketing.
Add new fabrication capabilities for corporate and entrepreneurial users through donations and acquisition,
i.e., more advanced 3D printing and mold-making.
Provide small office/conference spaces available to frequent users (rented monthly).
Expand training programs offered by I2P for the community.
Proposed Funding
This Ordinance will provide City support of the construction of a 3D Printing Community Center off the CSU
campus. This expansion has the intent of broadening the lab’s reach to more local and regional companies
and entrepreneurs. This will enable the lab to enhance its educational and workforce training programs and
provide advanced fabrication capabilities.
The Ordinance will match funds raised from private sources, other communities, and an anticipated grant from
the Office of Economic Development and International Trade (OEDIT) to be submitted in the second quarter of
2017. The grant application will request $1.5 million in Advance Industry Infrastructure funds to support the
construction of the new lab. The OEDIT grant has a matching requirement of 1 to 1. Therefore, I2P plans to
raise the remaining funds from two sources -fundraising (private sources and other communities) and this City
commitment.
Currently, I2P has projected fundraising of $850,000 from a number of sources. The City’s funds will be
pledged and contingent upon I2P raising the remaining funds and/or receiving the OEDIT grant. If
unsuccessful, the City’s funds can be released and used for another purpose. I2P anticipates having word on
the remaining funds and grant by June 31, 2017.
Financial Commitment: Terms & Conditions
This Ordinance appropriates $150,000 to support the proposed 3D Printing Community Center. The
commitment will be codified with a Grant Agreement (similar to those provided to Industry Cluster Grant
recipients) and include the following terms and conditions:
The funds will be pledged with the intent to support the 3D Printing Community Center and not any other
activities of I2P (the current activities of I2P may be supported through the Industry Cluster Grant process,
which will be kept separate from this pledge);
The funds will only be made available to I2P upon successfully raising $3.0 million (including the City’s
pledge);
The pledge will terminate at the end of 2017 unless I2P has successfully raised the necessary funds
The City Council may elect to renew the pledge by re-appropriating the funds in 2018, through the 2018
appropriation process, or by considering another appropriation ordinance in 2018.
Current Funding Status
I2P is currently fully engaged in a process to raise funds that will allow the lab to move off CSU’s campus and
increase its visibility and access to private companies and entrepreneurs. The goal is to raise $3.0 million, which
will provide both the capital and operating funds to move the lab and begin operating in a new environment.
Currently, I2P is confident of $850k in matching funds for a $1.5 million Office of Economic Development and
International Trade (OEDIT) grant proposal that will be submitted later this year. This leaves a gap of
approximately $650,000 to reach the stated $3.0 million goal. The City’s funds would help close the gap
significantly. The City’s funds would be contingent upon receiving the grant and raising the remaining matching
funds.
15.1
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Attachment: First Reading Agenda Item Summary, March 21, 2017 (w/o attachments) (5478 : SR 051 3D Printing Center)
Agenda Item 20
Item # 20 Page 3
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $150,000 of General Fund Reserves to be pledged to the support of a 3D
Printing Community Center. The funds will only be expended if I2P is successful at raising the balance of $3.0
million from private sources, other communities, and grants. If at the end of 2017, the funds have not been
expended they will revert back to the General Fund balance. City Council may elect to re-appropriate the funds
in 2018.
BOARD / COMMISSION RECOMMENDATION
No board or commission recommendations.
PUBLIC OUTREACH
Public outreach was completed as part of the 2017/2018 Budgeting for Outcomes process. No additional
public outreach was done on this stand-alone appropriation request.
ATTACHMENTS
1. Power Point Presentation (PDF)
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Attachment: First Reading Agenda Item Summary, March 21, 2017 (w/o attachments) (5478 : SR 051 3D Printing Center)
-1-
ORDINANCE NO. 051, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES
IN THE GENERAL FUND TO SUPPORT THE IDEA 2 PRODUCT 3D PRINTING
COMMUNITY CENTER
WHEREAS, the purpose of this item is to appropriate $150,000 from the General Fund
Reserves to support the relocation of the Idea 2 Product (“I2P”) laboratory and the construction
of a 3D Printing Community Center within the Fort Collins community; and
WHEREAS, this funding will be used to accelerate innovation, commercialization and
entrepreneurship in Fort Collins by expanding City support of the I2P Lab currently housed on
the Colorado State University campus; and
WHEREAS, the provision of these funds is contingent upon the ability of I2P, the
operator of the 3D Printing Community Center, to raise a total (including the City's pledge) of
$3.0 million from private sources, other communities, and grants, including an anticipated grant
of $1.5 million from the Office of Economic Development and International Trade to be
submitted in the second quarter of 2017; and
WHEREAS, the funds will only be made available to I2P upon successfully raising $3.0
million and are pledged with the intent to support the 3D Printing Community Center and not
any other activities of I2P; and
WHEREAS, the pledge will terminate at the end of 2017 unless I2P has successfully
raised funds, however, this funding may be reappropriated at City Council's discretion in future
years; 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 have determined that the appropriations as described herein are
available and previously unappropriated in the General Fund; and
WHEREAS, the City Council hereby finds that providing these funds to I2P will serve
the public purposes of expanding workforce development in the community, assisting in business
incubation within the City, and enhancing the Downtown’s economic viability by helping to
make this advanced technology more readily and easily available to local and regional
companies and entrepreneurs.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
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Attachment: Ordinance No. 051, 2017 (5478 : SR 051 3D Printing Center)
-2-
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated for expenditure from prior year reserves
in the General Fund the total sum of ONE HUNDRED FIFTY THOUSAND DOLLARS
($150,000) for the I2P laboratory and 3D Printing Community Center.
Introduced, considered favorably on first reading, and ordered published this 21st day of
March, A.D. 2017, and to be presented for final passage on the 18th day of April, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 18th day of April, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Attachment: Ordinance No. 051, 2017 (5478 : SR 051 3D Printing Center)
Agenda Item 16
Item # 16 Page 1
AGENDA ITEM SUMMARY April 18, 2017
City Council
STAFF
Lawrence Pollack, Budget Director
Mike Beckstead, Chief Financial Officer
SUBJECT
First Reading of Ordinance No. 058, 2017, Reappropriating Funds Previously Appropriated in 2016 But Not
Expended and Not Encumbered in 2016.
EXECUTIVE SUMMARY
City Council authorized expenditures in 2016 for various purposes. The authorized expenditures were not
spent or could not be encumbered in 2016 because:
there was not sufficient time to complete bidding in 2016 and therefore, there was no known vendor or
binding contract as required to expend or encumber the monies
the project for which the dollars were originally appropriated by Council could not be completed during
2016 and reappropriation of those dollars is necessary for completion of the project in 2017
to carry on programs, services, and facility improvements in 2017 with unspent dollars previously
appropriated in 2016.
In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund
balances at the end of 2016 and reflect no change in Council policies.
Monies reappropriated for each City fund by this Ordinance are as follows:
Fund
2016
Amended
Budget
Reappropriation
Amount
% of 2016
Amended
Budget
General Fund $143,734,196 $948,174 0.7%
Keep Fort Collins Great Fund 25,849,423 691,195 2.7%
Light and Power Fund 143,023,302 107,933 0.1%
Data and Communications
Fund 11,544,230 301,600 2.6%
TOTAL $324,151,151 $2,048,902 0.6%
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
During the February Council Finance Committee meeting, the Committee requested the executive team (ELT)
to review all 2017 reappropriation requests to ensure they were still organizational priorities and compare
those with the other potential 2017 additional funding needs which were also presented during that same
meeting.
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Agenda Item 16
Item # 16 Page 2
The ELT met and first evaluated the potential 2017 additional funding needs and came to the following
conclusions:
Police Campus West Substation Build-out: Brought forward to Council as a supplemental appropriation for
First Reading on March 7and adopted on Second Reading on March 21.
Three Jail Beds: Being brought forward to Council as a supplemental appropriation on a future TBD date
3D Printing: Being brought forward to Council as a supplemental appropriation for First Reading on March
21 and considered on Second Reading on April 18.
It was determined that all other items presented to Council Finance Committee would be postponed until
more information was solidified.
That left the original 2017 reappropriation items being considered. The ELT did a review of all of those items
and determined that they were all still organizational and community priorities. As such, those exact same
items were brought forth again for Council’s consideration.
During the March Council Finance Committee meeting, the Committee voiced concerns with year-to-date sales
tax collections and questioned whether all Reappropriation requests had to be brought forward at this time
before having a better understanding of the City’s overall revenue picture. The executive team then evaluated
the original requests and separated them out into those being brought forward in this Ordinance (totaling
$2,048,902) and those that could be postponed. The postponed requests will be included in a discussion with
the Council Finance Committee in their May 2017 meeting when an update of overall City revenue will be
discussed.
GENERAL FUND
Communications & Public Involvement
1. Engagement Platform Replacement - $4,000 (plus an additional $8,400 in KFCG totals $12,400 for
request)
Purpose for funds: Funding will be used to purchase an online public engagement platform. The online
platform offers a suite of tools that allow for additional outreach and input to significantly enhance the City's
public engagement efforts. It's customizable ‘toolbox’ approach allows for a mix of tools that leverage IAP2
(International Associations of Public Participation) best practices, and mirrors the City's in-person
approach to public engagement. This platform will be an instrumental tool in engaging residents during the
City's upcoming comprehensive plan updates.
Reason funds not expensed in 2016: Funding from 2016 was earmarked to replace the City's former
platform, MindMixer, which no longer meets the needs of the City. The City's public engagement team
researched other platforms throughout the year, but a suitable replacement platform was not identified until
Q4. Due to the selection timing, the contract was not finalized by year-end. The contract was finalized in
January, and the platform will be implemented in Q1 2017.
Environmental Services
2. CAP Initiatives and Implementation - $76,719
Purpose for funds: To complete project work on the 2016 Work Plans associated with the 2016 off-cycle
appropriations for the Road to 2020 program. The reappropriated funds will be used primarily ($50K) to
address how to divert the 70,000 ash trees in Fort Collins from landfill disposal in the event of an Emerald
Ash Borer (EAB) infestation. The remaining funds will be utilized to complete work associated with four of
the other funded projects. This work will be accomplished using consultants and/or an hourly program
intern to ensure completion in 2017.
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Agenda Item 16
Item # 16 Page 3
Reason funds not expensed in 2016: The Biomass Feasibility Study Team study, designed to explore
diverting wood waste from landfills by developing a regional biomass burner, concluded that a biomass
burner is not a suitable solution for managing the large volume of woody material anticipated to come from
dead ash trees as a result of Emerald Ash Borer (EAB). The parameters of the study were to research
biomass burning only - not other approaches to wood utilization or landfill diversion mechanisms. Although
the initial goals of the study have been achieved, no solution has been identified to address waste-wood
issues caused by an EAB infestation. Reappropriating the funds will allow staff to redesign/expand the
study to examine additional options for use of urban waste-wood from City Forestry Division activities. The
study would remain focused on the threat of EAB- generated woody material, but would also examine
options for the wood generated by private properties. This option best addresses the overall emission
reduction potential, as well as the Road to Zero Waste goals.
FC Moves
3. Lincoln Corridor Plan Neighborhood Projects - $201,199
Purpose for funds: These funds originally provided for the design and construction of a total of ten
neighborhood infrastructure projects identified in the Lincoln Corridor Plan, mostly located within the
Northside Neighborhoods (Buckingham, Andersonville, San Cristo/Via Lopez, and Alta Vista). Staff
coordinated the design and implementation of the projects with a Neighborhood Advisory Committee
comprised of neighborhood residents. Six of the ten projects have been completed, and one is being
completed in coordination with the development department. This reappropriation will fund the remaining
three projects: neighborhood art, park improvements, and brewery wayfinding.
Reason funds not expensed in 2016: These projects are a multi-year effort, including design and
construction of projects on varying timelines. Of the ten funded neighborhood projects, six have been
completed, and four are nearing completion. At the direction of Council and executive leadership, staff
worked extensively with a citizen Neighborhood Advisory Committee to ensure the projects meet the
diverse needs and desires of the neighborhoods involved. For the remaining projects, this coordination,
context sensitive design, and development of a public art approach took most of 2016. The remaining
projects are on track to be completed in 2017, if funds are reappropriated.
Natural Areas
4. Instream Water Flow - $168,445
Purpose for funds: The funds will provide for environmental flows within the urban reach of the Cache la
Poudre River. This includes both stream flow and mechanisms to measure and convey water past existing
diversion structures. Fish passageways are the preferred means to convey and measure water as
construction of these features provide for increased aquatic connectivity and thereby increase the overall
health of the Poudre River.
Reason funds not expensed in 2016: The Natural Areas Department (NAD) helped design and install one
fish passageway on the Fossil Creek Reservoir Inlet Structure. The passageway is functional but
additional work is needed to enhance the connection of the passageway to live stream flows under low
flow conditions. NAD plans to use a portion of the remaining funds (approximately $40,000) to design and
construct the modification to the passageway in 2017 and, once completed, will be able to finalize the
water measurement component of the project. In addition, Natural Areas is working with the Cache la
Poudre Reservoir Company (CLPRC) to design and install fish passage/water measurement on the
Timnath Reservoir Inlet Ditch (aka Timnath Inlet). NAD met several times in 2016 with CLPRC to discuss
designs, contracted with Anderson Consulting Engineers to develop preliminary designs, and is in the
process of developing an agreement with CLPRC outlining roles, responsibilities, funding, and operational
needs of the diversion. These conversations were not completed in time to allow construction in 2016.
This project represents multi-year planning and design and the remaining funds are needed to help
complete the construction phase planned for 2017. It’s also important to note the cost of the project will
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Agenda Item 16
Item # 16 Page 4
exceed current funding levels; therefore the remaining funds are needed to help match and leverage the
outside funding sources needed to complete the project.
Operation Services
5. Edora Pool Ice Center (EPIC) Entrance Concrete Work - $125,000
Purpose for funds: A building modification study done in late 2015 determined that the entrance to EPIC
requires some slope modifications in order to comply with current Americans with Disabilities Act
regulations. These modifications were not identified prior to starting the interior work in the EPIC lobby in
2016. Once the interior was under construction, it increased the urgency to complete the exterior work.
This modification will create fully accessible parking spaces and a compliant path of travel to the front door.
The project scope extends from the front doors to the handicap stalls in the parking lot and will include a
heating system embedded in the concrete.
Reason funds not expensed in 2016: This work was added late to the lobby renovation project that was
completed in 2016. Surveys and design took more iterations to determine the best course of action for the
modification work than originally anticipated. The design for implementation was not finalized until late
December in 2016, and there was not enough time to get bids on the work in order to tie up the funds. This
request is to complete the construction phase based on the design from 2016.
Parks
6. Median Renovation Project - $120,093
Purpose for funds: Funds will be used to renovate medians at Harmony Road and JFK Parkway.
Reason funds not expensed in 2016: Due to coordination of this project with Engineering the project was
delayed until 2017. Funds will be used to renovate medians at Harmony Road and JFK Parkway.
Social Sustainability
7. Affordable Housing and Homebuyer Assistance (HBA) Programs - $252,718 (plus an additional
$200,000 in KFCG totals $452,718 for request)
Purpose for funds: The Affordable Housing Funds and KFCG funds dedicated to housing are allocated
annually to support critical affordable housing needs in the City of Fort Collins. All funds were awarded to
housing service providers to further the goals identified in the City’s Affordable Housing Strategic Plan. The
funding awarded in the Spring Competitive process was allocated upon second reading of the ordinance
approving the allocation of the funds on May 17, 2016. The balance of funding was awarded to eligible
housing projects in the Fall 2016 Competitive Process. The first reading of the resolution approving the
allocation of the funds occurred November 15, 2016. Any un-allocated funds are intended to accumulate
in the fund to meet future affordable housing needs.
Reason funds not expensed in 2016: Although the funds were committed, it isn't always possible to
negotiate and complete project contracts prior to the year end, which means that PO’s cannot be
established. Some funds are allocated as match funding for projects receiving federal HOME/CDBG
dollars. Under federal guidelines, these projects cannot be contracted until all CDBG/HOME requirements
have been met. The HBA program is a City managed program, funds dedicated to that program aren’t
contracted or PO’d, they’re wired to closing as individual loans are approved. From the time of initial
funding commitments to completions of development, most housing projects take multiple years to
complete.
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Agenda Item 16
Item # 16 Page 5
KEEP FORT COLLINS GREAT FUND
Communications & Public Involvement
8. Engagement Platform Replacement - $8,400 (plus an additional $4,000 in General Fund totals
$12,400 for request)
Please see description in #3 under General Fund.
Natural Areas
9. Land Improvement - $90,792
Purpose for funds: This offer was funded to support extensive ecological restoration of the Poudre River
floodplain and channel improvements for the purpose improving wildlife habitat and restoring biodiversity.
Due to the complexity and scale of this work, Natural Areas requested funds and received $125K/yr to
support and match Natural Areas funding. The primary work intended include restoration planning and
construction of restoration at Kingfisher Point Natural Area.
Reason funds not expensed in 2016: The conceptual restoration plan for Kingfisher Point was completed
in 2015. In 2016 the final design process was initiated as was the permitting with FEMA and the Army
Corps of Engineers, but there wasn't time within that year to complete the projects. This reappropriation
amount is needed to complete those projects. Some may push into 2018, but this requested KFCG money
will be spent in 2017.
10. Northern Integrated Supply Project (NISP) Analysis and Response - $162,604
Purpose for funds: These funds are intended to support the City's effort and engagement with NISP (the
Northern Integrated Supply Project) planning and permitting process. This process has been underway
since 2008. The City's anticipated future engagement is likely to be extensive and will require these funds
for technical and legal assistance.
Reason funds not expensed in 2016: These funds were not used fully in 2016 because the permitting
process has not passed expected milestones. For example these funds are needed to support the City's
evaluation and response to the Final Environmental Impact Statement expected late 2017. The City's
engagement with NISP is multi-year and multifaceted and some aspects and associated processes are in
their early stages still. The money we requested was in 2015 was for use in the City's response to NISP,
which is incomplete due to the delayed timeline as determined by the Army Corps of Engineers. So in
2016 we were unable to spend this money for its intended application because the external support will be
needed (increasingly) as the process reaches the final EIS.
Parks
11. ADA Playground Improvements - $37,552
Purpose for funds: Funds will be used to upgrade aging playground infrastructure at Lee Martinez Park to
current ADA playground standards.
Reason funds not expensed in 2016: The ADA improvement funds were not spent in 2016 due to having
insufficient funds to complete the full upgrade at Lee Martinez Park playground, which delayed
construction. Funds have been secured for the full upgrade in the 2017 budget. These requested ADA
improvement funds will be added to 2017 funding to complete this project.
12. Equipment for Twin Silos Community Park - $9,771
Purpose for funds: Funds will be used to purchase equipment for Twin Silos Community Park.
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Agenda Item 16
Item # 16 Page 6
Reason funds not expensed in 2016: Funds were not spent in 2016 due to not having sufficient funds to
purchase a toolcat for Twin Silos Community Park. The requested funds will be added to 2017 equipment
funding to complete this purchase.
13. Parks Lifecycle Projects - $163,076
Purpose for funds: Funds will be used to renovate restroom/storage area at Edora Park and tennis courts
at Troutman Park.
Reason funds not expensed in 2016: Funds were not spent at the Edora restroom/storage area because
the complexity of the project delayed the bidding process. There were not sufficient funds remaining to
replace the tennis courts at Troutman Park. Re-appropriated funds will be added to 2017 funds to
complete this project.
Social Sustainability
14. Affordable Housing and Homebuyer Assistance (HBA) Programs - $200,000 (plus an additional
$252,718 in General Fund totals $452,718 for request)
Please see description in #15 under General Fund.
Traffic
15. Traffic Operations-Arterial Ped Crossing & Neighborhood Mitigation Re-installation - $19,000
Purpose for funds: Funds are intended to complete projects already underway but were not able to be fully
completed in 2016. The projects include enhanced crosswalks at Drake/Illinois (a rectangular rapid flash
beacon) and Mulberry/Sherwood (HAWK) and neighborhood calming projects on Starflower, Larkbunting
and Springfield.
Reason funds not expensed in 2016: The need to complete in 2017 instead of 2016 is due to a concrete
contractor that ran out of good weather in the fall to pour concrete, a boring contractor who couldn’t
schedule the bore in December, and the Streets Department was unable to accommodate the re-
installation of speed tables after a late season chip seal. These are neither new projects, nor whole
projects that could be eliminated. (For instance at Drake and Illinois the RRFB is already installed, but the
concrete work is not yet compete.) They are ongoing projects that were delayed across the end of year
due to weather and construction/contractor timing. We expect to complete the projects this spring.
LIGHT & POWER FUND
Economic Health Office
16. Broadband Strategic Planning - $107,933
Purpose for funds: The City of Fort Collins, local education institutions, data oriented businesses, and
community leaders recognize the increasing importance of broadband services to the community. The
purpose of the Broadband Strategic Plan is to better understand the community’s current and future
expectations regarding both residential and business broadband services and to then define a strategy for
how those expectations can best be met.
Reason funds not expensed in 2016: The broadband team accomplished many goals in 2016 including
statistically-valid market demand studies (residential and small businesses), financial feasibility analysis,
citizen outreach and multiple site visits to municipal broadband providers. December 20, 2016, Council
directed staff to develop a Broadband Utility Business Plan and continued work on due diligence with a
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potential third party alternative model. The remaining funds will be used for consultation on the due
diligence and site visits for the City's executive team to meet with failed broadband projects.
DATA & COMMUNICATIONS FUND
Information Technology
17. Electronic Plan Review Implementation - $301,600
Purpose for funds: The purpose of these funds is to continue the implementation of the Electronic Plan
Review system for the Community Development and Neighborhood Services department that was
approved by City Council on 7/19/16 per Ordinance #84. The system enables the City to provide
electronic plan review as part of the building permit and development review process that includes
streamlined processes for plan submittal, routing and review of construction/development plans, reduction
of paper, automated online access of review comments, and overall greater efficiency of the review
process.
Reason funds not expensed in 2016: As originally stated in the Agenda Item Summary, this complex
project requires about an 18-month project timeline to complete. To date, the purchase of the software
licensing, at a cost of $182,400, was completed in October 2016 and systems configuration and design
have since commenced. The requested funds will be used for the completion of this project and are for
two purposes: (1) Fund the consulting services necessary to complete the custom configuration of the
involved systems and to provide training; (2) Once the systems configuration is near completion, end user
systems will be receive hardware and minor software upgrades that will enable staff to process and review
the large-scale electronic documents efficiently at their desks and in conference rooms.
CITY FINANCIAL IMPACTS
This Ordinance increases 2017 appropriations by $2,048,902. A total of $948,174 is requested for
reappropriation in the General Fund, $691,195 from the Keep Fort Collins Great Fund and $409,533 is
requested from various other City funds. Reappropriation requests represent amounts budgeted in 2016 that
could not be encumbered at year-end. The appropriations are from 2016 prior year reserves.
ATTACHMENTS
1. Powerpoint presentation (PDF)
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4/18/17
2017 Reappropriation
ATTACHMENT 1
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2017 Reappropriation Summary
2
What qualifies for Reappropriation?
• Funds that were originally appropriated in 2016 for a specific
purpose but were not fully expensed or encumbered by the
end of the fiscal year
• Appropriate the funds from 2016 reserves into the 2017
budget for the same specific uses that were originally
proposed and approved for 2016
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Additional 2017 Review
• Budget staff reviewed to verify all requests met qualification
requirements
• Executive team reviewed to ensure alignment with organizational
priorities
• A portion of the original Reappropriation requests have been
excluded from this ordinance and will be included in the
contingency planning discussion with Council Finance in May
3
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Budget 2017 Actual 2017
Over/ (Under)
Budget
Sales & Use Tax $ 21,261 $ 21,048 $ (213)
Use Tax Incentives 0 28 28
Property Taxes 6,366 7,664 1,298
Intergovt. Shared Revenues 56 (224) (280)
Culture, Parks, Rec & Nat A. Fees 75 55 (21)
Payment in Lieu of Taxes 2,305 2,361 55
General Government Fees 1,629 2,272 643
Interest Revenue 228 237 9
Unrealized Invst. Gains/Losses 0 90 90
Other Miscellaneous 2,900 2,866 (34)
Lapsing Total 34,820 36,396 1,576
QI 2017 Q1 Revenue Summary
• Sales tax declined (1.2%)
• Adjusted for audit and filing
changes – growth at 2.6%
• Sales & Use combined $213K
short from budget = .6%
• Total GF revenue equal to or
greater than budget
Q1 Adjusted for Timing, Equal to or Better Than Budget
QI Revenue Update
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Historical Q1 Compared to Full Year
Sales Tax Only
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General Fund $ 1,636,892 $ 948,174
Keep Fort Collins Great 768,055 691,195
Transportation 30,000
Light & Power 107,933 107,933
Data & Communications 301,600 301,600
Utility Customer Service and Administration 40,608
Grand Total $ 2,885,088 $ 2,048,902
2017 Reappropriation Summary
6
Amount by Fund being requested for Reappropriation:
Original Modified
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2017 Reappropriation Highlights
7
• Affordable Housing & Homebuyer Assistance $453
• Electronic Plan Review Technology 302
• Lincoln Corridor Neighborhood Projects 201
• Instream Water Flow 168
• Parks Lifecycle Projects 163
• NISP analysis & Response 162
• EPIC Entrance Concrete Wok 125
• Median Renovations 120
• Broadband Strategic Planning 108
• All Other 246
Total $2,049
($ 000’s)
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Questions
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Back-up Slides
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Historical QI Compared to Full Year
Sales & Use Tax
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Reappropriation by Fund
GENERAL FUND:
11
Department Request Name
Amount
Requested
Comm. & Public Involvement Engagement Platform Replacement $4,000
Environmental Services CAP Initiatives and Implementation 76,719
FC Moves Lincoln Corridor Plan Neighborhood Projects 201,199
Natural Areas Instream Water Flow 168,445
Operation Services EPIC Entrance Concrete Work 125,000
Parks Median Renovation Project 120,093
Social Sustainability Affordable Housing and HBA Programs 252,718
TOTAL GENERAL FUND $948,174
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KEEP FORT COLLINS GREAT FUND:
12
Reappropriation by Fund
Department Request Name
Amount
Requested
Comm. & Public Involvement Engagement Platform Replacement $8,400
Natural Areas KFCG - Land Improvement 90,792
Natural Areas NISP Analysis and Response 162,604
Parks ADA Playground Improvements 37,552
Parks Equipment for Twin Silos Community Park 9,771
Parks Parks Lifecycle Projects 163,076
Social Sustainability Affordable Housing and HBA Programs 200,000
Traffic Traffic Operations-Arterial Ped Crossing & Neighborhood Mitigation Re-installation 19,000
TOTAL KEEP FORT COLLINS GREAT FUND $691,195
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OTHER FUNDS:
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Reappropriation by Fund
Department Request Name
Amount
Requested
Economic Health Office Broadband Strategic Planning 107,933
Information Technology Electronic Plan Review Implementation 301,600
TOTAL OTHER FUNDS $409,533
GRAND TOTAL $ 2,048,902
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Postponed Reappropriation Requests
Fund Department Request Name $ Requested
General Fund
Social Sustainability Neighborhood Renewal Project $59,328
Comm Dev& Neighborhood Svcs Development of Transition Standards for Old Town and Downtown Plans 30,000
Comm Dev& Neighborhood Svcs Land Use Code Amendments pertaining to the Downtown Plan 42,548
Comm. & Public Involvement Public Engagement - Staff IAP2 Training 10,000
Environmental Services Advanced Waste Stream Optimization 118,785
Operation Services Lincoln Center Asbestos Abatement 78,000
Parks East Park Satellite Shop 59,000
Parks Parks Lifecycle Projects 93,655
Police Information Services Police Services Dispatch Video Wall 145,000
Subtotal: $636,316
Keep Fort Collins Great Fund
Comm Dev& Neighborhood Svcs Development of Transition Standards for Old Town and Downtown Plans $5,000
FC Moves Bicycle and Pedestrian Safety Town 21,860
Information Technology Business Continuity Plan 50,000
Subtotal: $76,860
Transportation Fund
Traffic Traffic Operations-Arterial Ped Crossing & Neighborhood Mitigation Re-installation $30,000
Utility Customer Service & Admin Fund
Utility Tech. & Cust. Service Cyber Security Consulting Services $40,608
Total Postponed Reappropriation Requests: $ 783,784
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Process
Process:
• Prompt organization to submit Reappropriation requests using
standardized template
• Budget Office reviews to ensure requests meet criteria for
Reappropriation and checks the 2016 available balance to verify
unspent budget is greater than the requested amount
• Follow-up with submitter as necessary
• Budget Office and CFO determine which requests to bring forward to
City Council based on meeting qualifications
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-1-
ORDINANCE NO. 058, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REAPPROPRIATING FUNDS PREVIOUSLY APPROPRIATED IN 2016
BUT NOT EXPENDED AND NOT ENCUMBERED IN 2016
WHEREAS, City Council authorized expenditures in 2016 for various purposes in the
General Fund, Keep Fort Collins Great Fund, Light & Power Fund and the Utility Customer
Service and Administration Fund, portions of which were not spent or encumbered in 2016; and
WHEREAS, Article V, Section 11 of the City Charter requires that all appropriations
unexpended or unencumbered at the end of the fiscal year lapse to the applicable general or
special fund, except that appropriations for capital projects and federal or state grants do not
lapse until the completion of the capital project or until the expiration of the federal or state
grant; 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 have determined that the amounts to be appropriated as described
herein are available and currently unappropriated; and
WHEREAS, it is in the best interests of the City and its residents to re-appropriate funds
for the expenditures below, in furtherance of these expenditures authorized in 2016 for which
such appropriated funds were not expended and not encumbered during 2016.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated for expenditure from prior year reserves
in the General Fund the sum of NINE HUNDRED FORTY EIGHT THOUSAND ONE
HUNDRED SEVENTY FOUR DOLLARS ($948,174) for the following purposes:
Engagement Platform Replacement $4,000
CAP Initiatives and Implementation 76,719
Lincoln Corridor Plan Neighborhood Projects 201,199
Instream Water Flow 168,445
EPIC Entrance Concrete Work 125,000
Median Renovation Project 120,093
Affordable Housing and HBA Programs 252,718
Total General Fund $948,174.
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Section 3. That there is hereby appropriated for expenditure from prior year reserves
in the Keep Fort Collins Great Fund the sum of SIX HUNDRED NINETY ONE THOUSAND
ONE HUNDRED NINETY-FIVE DOLLARS ($691,195) for the following purposes:
Engagement Platform Replacement $8,400
Land Improvement 90,792
NISP Analysis and Response 162,604
ADA Playground Improvements 37,552
Equipment for Twin Silos Community Park 9,771
Parks Lifecycle Projects 163,076
Affordable Housing and HBA Programs 200,000
Traffic Operations Multiple locations 19,000
Total Keep Fort Collins Great Fund $691,195.
Section 4. That there is hereby appropriated for expenditure from prior year reserves
in the Light and Power Fund the sum of ONE HUNDRED SEVEN THOUSAND NINE
HUNDRED THIRTY-THREE DOLLARS ($107,933) for the following purpose:
Broadband Strategic Planning $107,933.
Section 5. That there is hereby appropriated for expenditure from prior year reserves
in the Data and Communications Fund the sum of THREE HUNDRED ONE THOUSAND SIX
HUNDRED ($301,600) to be used for the following purpose:
Electronic Plan Review Implementation $301,600.
Introduced, considered favorably on first reading, and ordered published this 18th day of
April, A.D. 2017, and to be presented for final passage on the 2nd day of May, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 2nd day of May, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Agenda Item 17
Item # 17 Page 1
AGENDA ITEM SUMMARY April 18, 2017
City Council
STAFF
Ted Shepard, Chief Planner
SUBJECT
First Reading of Ordinance No. 059, 2017, Making Various Amendments to the Land Use Code.
EXECUTIVE SUMMARY
The purpose of this item is to adopt a variety of revisions, clarifications and additions to the Land Use Code
that have been identified since the last update in December 2015.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Land Use Code was first adopted in March of 1997. Subsequent revisions have been recommended on a
regular basis to make changes, additions, deletions and clarifications that have been identified since the last
update. The proposed changes are offered in order to resolve implementation issues and to continuously
improve both the overall quality and “user-friendliness” of the Code. A summary of the proposed amendments
is attached.
The proposed revisions related to minor changes of use, which includes an increase in the timeframe during
which a discontinued legal non-conforming use would be grandfathered from one year to two years, was a
specific topic of discussion with the Planning and Zoning Board at multiple work sessions leading up to its
recommendation hearing. As further explanation, and as noted in the written materials, staff worked with the
ad hoc Development Review Advisory Committee and the Northern Colorado Commercial Association of
Realtors to derive the proposed abandonment period.
The fundamental objective is to craft a change of use process that is not so onerous so as to discourage
tenant changeover and thus perpetuate blighted conditions. Rather, it is in the public interest to allow modest
incremental building and site improvements versus waiting for a major redevelopment to occur, if ever.
Allowing a variety of tenants to lease older commercial buildings gives the owner more opportunities to invest
in improvements. In the past, owners would hang on to under-performing tenants by being reluctant to enter
into the City’s change of use process. Finally, with today’s complexity in obtaining financing, signing new
leases, and scheduling contractors for both building and site work, one year was seen as too limiting.
CITY FINANCIAL IMPACTS
One of the proposed changes would add Light Industrial Uses and Research Laboratories as permitted uses in
the C-L, Limited Industrial, zone district subject to Administrative (Type One) Review. These additions allow
the Land Use Code to respond to current market trends and further enable economic activity.
BOARD / COMMISSION RECOMMENDATION
At its March 16, 2017 meeting, the Planning and Zoning Board considered the proposed revisions and took
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Agenda Item 17
Item # 17 Page 2
two specific actions:
1. Voted unanimously to recommend to City Council approval of all but one of the changes.
2. Voted 3-2 to recommend to City Council approval of the change related to the establishment of Community
Based Shelter Services as an Accessory Use.
Regarding the Board’s discussion about Community Based Shelter Services, the two members who voted in
the negative expressed concern about the lack of notification to the surrounding property owners and that the
transportation element was not codified. Those voting in the affirmative were comfortable with the proposed
code revision as written and with the responses to questions from staff of the Social Sustainability Department
regarding notice and transportation.
Discussion Summary:
Notification - With this proposed change, there will be three types of shelters, Homeless Shelter, Seasonal
Overflow Shelters and the proposed Community Based Shelter. For the first two, public notice is required.
For the proposed facility, however, notice is not required because:
o Community Based Shelters are smaller (maximum capacity - 15);
o Persons and families are screened by Catholic Charities;
o Hours are limited to 10:00 pm to 6:00 am;
o Transportation is provided to and from the facility; and
o Per the Nashville, TN experience, staff anticipates that over the long term, there will be
multiple facilities that will be widely distributed throughout the community. At this broad
community scale, staff contends that any perceived neighborhood impact will be mitigated by
the relatively minor scope of each facility and established operational procedures.
Transportation - With this proposed change, transportation is not necessary to be codified because this
aspect will be covered by an Operators Agreement between the designated operator, anticipated to be
Catholic Charities, and the City of Fort Collins. These facilities will only be accessible for persons and
families to be transported by the designated operator, and codifying this aspect would be redundant.
PUBLIC OUTREACH
All of the proposed changes have been discussed and refined in conjunction with the Planning and Zoning
Board at its various work sessions during the latter part of 2016. The proposed revisions were listed on “This
Week in Development Review,” the weekly online notice that is posted on the website and sent to
approximately 820 subscribers. The items were then noted on the “Agenda” notice for the March Planning and
Zoning Board public hearing, and then post-hearing, listed again under “Recent Outcomes.” More specifically,
for the item related to Abandonment and Changes of Use, staff engaged in numerous outreach and feedback
meetings with the Development Review Advisory Committee and the Fort Collins Commercial Brokers
Association.
ATTACHMENTS
1. Land Use Code Issues List 2017 (PDF)
2. Annotated Issues Summary (PDF)
3. Annotated Ordinance Index (PDF)
4. Powerpoint presentation (PDF)
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ATTACHMENT 1
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Attachment: Land Use Code Issues List 2017 (5456 : Land Use Code Annual Update)
ATTACHMENT 2
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Monday, April 10, 2017 Page 1 of 4
Land Use Code Revisions
Annotated Ordinance Index
Ord. Section # Code Cite Revision Effect Issue
2 1.5.3 Extends the allowable abandonment period from 12 to 24 1042 Amend 1.5.3, 1.6.7 and 2.2.10 - Abandonment and
months. Changes of Use - to clarify the Change of Use process
and provide a revised definition.
3 1.6.7 Extends the allowable abandonment from 12 - 24 months. 1042 Amend 1.5.3, 1.6.7 and 2.2.10 - Abandonment and
Changes of Use - to clarify the Change of Use process
and provide a revised definition.
4 2.2.10 Clarifies the Change of Use process. 1042 Amend 1.5.3, 1.6.7 and 2.2.10 - Abandonment and
Changes of Use - to clarify the Change of Use process
and provide a revised definition.
5 2.1.2(D) Adds a reference for Basic Development Review. 1045 Amend 2.1.2(D) & (E) Overview of Development
Review Procedures - to add Basic Development
Review to the explanation of development applications.
5 2.1.2(E) Adds a refernece for Basic Development Review. 1045 Amend 2.1.2(D) & (E) Overview of Development
Review Procedures - to add Basic Development
Review to the explanation of development applications.
6 3.2.2[C](6) Adds specificity for making connections to trails. 1050 Amend 3.2.2(C)(6, 7) - On-site and Off-site Access to
Pedestrian and Bicycle Destinations - and 3.4.8(C) -
Parks and Trails - to explicity include connections
between new development and existing or planned
regional trails or regional trail spurs.
ATTACHMENT 3
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Monday, April 10, 2017 Page 2 of 4
Ord. Section # Code Cite Revision Effect Issue
6 3.2.2[C](7) Adds a specific reference to trails for bike and ped
connections.
1050 Amend 3.2.2(C)(6, 7) - On-site and Off-site Access to
Pedestrian and Bicycle Destinations - and 3.4.8(C) -
Parks and Trails - to explicity include connections
between new development and existing or planned
regional trails or regional trail spurs.
7 3.2.2(K)(1)(a)1.a. Adds Bike Share as an optional demand strategy. 1059 Amend 3.2.2(K)(1)(a)1.a. - Demand Mitigation
Strategy for Multi-Family and Mixed-Use Dwellings in
the TOD - to add the City's Bike Share Program to the
list of options to reduce the number of minimum
required parking.
8 3.4.8[C] Adds broader criteria for making bike & ped trail
connections.
1050 Amend 3.2.2(C)(6, 7) - On-site and Off-site Access to
Pedestrian and Bicycle Destinations - and 3.4.8(C) -
Parks and Trails - to explicity include connections
between new development and existing or planned
regional trails or regional trail spurs.
9 3.5.2(G)(1)(a) Allows an extra 5 feet of Multi-Family garage length. 1055 Amend 3.5.3(G)(1)(a) - Rear Walls of Multi-Familly
Garages - Perimeter Garages - to increase the allowable
length from 55 to 60 feet.
10 3.8.1(16) Adds Community Based Shelter Services as anAccessory
Use.
1039 Clarify Sections 3.8.1 & 3.8.33 - Seasonal Overflow
Shelters - to establish Community-Based Shelter
Services as an option to allow flexible & temporary
overnight shelter as an Accessory Use to Places of
Worship and Clubs and Lodges on a city-wide basis.
11 3.8.25(A) Extends the allowable abandonment from 12 to 24 months. 1042 Amend 1.5.3, 1.6.7 and 2.2.10 - Abandonment and
Changes of Use - to clarify the Change of Use process
and provide a revised definition.
12 3.8.30(A) Multi-Family in TOD no longer exempt from openspace
and setback standards.
1060 Amend 3.8.30(A) - Multi-Family Development
Standards & 4.10(D)(2) - H-M-N Dimensional
Standards - to remove exemptions for outdoor space
and minimum setbacks to reinstate outdoor space and
clarify terracing requirements.
12 3.8.30[C] Establishes a sliding scale for Multi-Family open space
based on project size.
1052 Amend 3.8.30(C) - Access to Park, Central Feature
and Gathering Space - to adjust the amount of land
area needed within a multi-family project so that it is
proportional based on the size of the project.
13 4.5(B)(2)(a)4. Adds Two-Family Attached as a Type 1 permitted use inL-
M-N
1043 Amend L-M-N and M-M-N Permitted Uses and
Housing Types - to add a new type of dwelling - Two-
Family Attached, a combination of Single Family
Attached and Two Family Dwelling, to enrich the mix
of housing choices in neighborhoods.
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Attachment: Annotated Ordinance Index (5456 : Land Use Code Annual Update)
Monday, April 10, 2017 Page 3 of 4
Ord. Section # Code Cite Revision Effect Issue
14 4.5(D)(1)(b) Allows up to 20 acres in L-M-N to be at 12 d.u./a for 1040 Amend Section 4.5(D)(1)(b) - LMN Density -
affordable housing. Affordable Housing - to increase the maximum
allowable acreage from 10 to 20 acres that allows up to
12 d.u./gross acre but with a higher degree of pulbic
benefit.
15 4.5(D)(2)[c] Adds Two-family Attached to the mix of housing types in 1043 Amend L-M-N and M-M-N Permitted Uses and
L-M-N. Housing Types - to add a new type of dwelling - Two-
Family Attached, a combination of Single Family
Attached and Two Family Dwelling, to enrich the mix
of housing choices in neighborhoods.
16 4.6(B)(2)(a) Adds Two-family Attached as a Type 1 permitted use in 1043 Amend L-M-N and M-M-N Permitted Uses and
M-M-N.. Housing Types - to add a new type of dwelling - Two-
Family Attached, a combination of Single Family
Attached and Two Family Dwelling, to enrich the mix
of housing choices in neighborhoods.
17 4.10(D)(2)[c] Re-establishes minimum required setbacks in H-M-N. 1060 Amend 3.8.30(A) - Multi-Family Development
Standards & 4.10(D)(2) - H-M-N Dimensional
Standards - to remove exemptions for outdoor space
and minimum setbacks to reinstate outdoor space and
clarify terracing requirements.
18 4.16(D)(5)(e) Allows fiber cement siding exteriors in Downtown. 1053 Amend 4.16(D)(5)(e) - Downtown Canyon Avenue
and Civic Center Districts - Building Character and
Facades - to add architectural fiber cement siding as an
acceptable exterior material for buildings.
19 4.24(B)(2) Adds two Type 1 permitted uses to C-L, Riverside Area. 1027 Amend 4.24(B) - C-L Zone Permitted Use List -
Riverside Area - to add Light Industrial Uses and
Research Laboratories as Type 1 uses as these are
similar in scope to other permitted uses in the along
Riverside Avenue.
20 5.1.2 Amends the definition of Change of Use. 1042 Amend 1.5.3, 1.6.7 and 2.2.10 - Abandonment and
Changes of Use - to clarify the Change of Use process
and provide a revised definition.
21 5.1.2 Adds a new definition for Community Based Shelter 1039 Clarify Sections 3.8.1 & 3.8.33 - Seasonal Overflow
Services. Shelters - to establish Community-Based Shelter
Services as an option to allow flexible & temporary
overnight shelter as an Accessory Use to Places of
Worship and Clubs and Lodges on a city-wide basis.
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Ord. Section # Code Cite Revision Effect Issue
22 5.1.2 Adds a definition for Two-family Attached Dwellings. 1043 Amend L-M-N and M-M-N Permitted Uses and
Housing Types - to add a new type of dwelling - Two-
Family Attached, a combination of Single Family
Attached and Two Family Dwelling, to enrich the mix
of housing choices in neighborhoods.
23 5.1.2 Amends the definitions of Group Home & Large Group 1044 Amend the two definitions for Group Homes to add
Care Facility. flexibility to allow such faciliies when not licensed or
operated by a government agency.
24 5.1.2 Amends the definition of Homeless Shelters. 1039 Clarify Sections 3.8.1 & 3.8.33 - Seasonal Overflow
Shelters - to establish Community-Based Shelter
Services as an option to allow flexible & temporary
overnight shelter as an Accessory Use to Places of
Worship and Clubs and Lodges on a city-wide basis.
25 5.1.2 Amends the definition of Seasonal Overflow Shelters. 1039 Clarify Sections 3.8.1 & 3.8.33 - Seasonal Overflow
Shelters - to establish Community-Based Shelter
Services as an option to allow flexible & temporary
overnight shelter as an Accessory Use to Places of
Worship and Clubs and Lodges on a city-wide basis.
17.3
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Attachment: Annotated Ordinance Index (5456 : Land Use Code Annual Update)
Jeff Schneider, Chair
City Council Chambers
Jeff Hansen, Vice Chair City Hall West
Jennifer Carpenter 300 Laporte Avenue
Emily Heinz Fort Collins, Colorado
Michael Hobbs
Ruth Rollins Cablecast on FCTV Channel 14 &
William Whitley Channel 881 on Comcast
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 Hearing
March 16, 2017
Member Schneider called the meeting to order at 6:00 p.m.
Roll Call: Carpenter, Hobbs, Rollins, Schneider, and Whitley
Absent: Hansen and Heinz
Staff Present: Gloss, Leeson, Yatabe, Shepard, Holland, Frickey, Langenberger, Branson, Lorson,
Mapes, Wilkinson, Hahn, Ragasa, Thiel and Cosmas
Project: 2017 Annual Revisions, Clarifications and Additions to the Land Use Code
Project Description: This is a request for a Recommendation to City Council regarding the annual
update to the Land Use Code. There are proposed revisions, clarifications and additions to the Code
that address a variety of subject areas that have arisen since the last annual update in 2015.
Recommendation: Approval
Secretary Cosmas reported that, since the work session, Staff submitted a memo to the P&Z Board to
clarify the proposed LUC revision pertaining to community-based shelters.
Planning and Zoning
Board Minutes
ATTACHMENT 4
17.4
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Attachment: Planning and Zoning Board minutes, March 16, 2017 (5456 : Land Use Code Annual Update)
Planning & Zoning Board
March 16, 2017
Page 2
Staff Presentation
Chief Planner Shepard stated that he has no formal presentation, and the code changes can be
approved in total or individually. He discussed the memo on the Community-Based Shelters.
Public Input (3 minutes per person)
None noted.
Board Deliberation
Member Carpenter requested that item #1039 be pulled from the list and discussed separately.
Member Hobbs made a motion that the Planning and Zoning Board recommend to City Council
approval of the 2017 Annual Revisions, Clarifications and Additions to the Land Use Code, with
the exception of item #1039, based upon the findings of fact contained in the staff report that is
included in the agenda materials for this hearing and the board discussion on this item. Member
Whitley seconded. Vote: 5:0.
Member Carpenter stated that she cannot support item #1039, Community-Based Shelter services, due
to the transient problems facing the City and the possibility of having unregulated shelters staffed by
volunteers. Chief Planner Shepard stated that the intent is to add to the menu of the homeless shelters
by creating more options by working with faith-based partners. The City currently has two types of land
uses to support this service: homeless shelters and seasonal overflow shelters. The proposed use
would be the third. Jackie Theil, Chief Sustainability Officer with the City, introduced the “Safe Place to
Rest” program, saying that there is no perfect solution for sheltering overnight. She is using a program
developed in Nashville, TN, as a model, citing the community-wide involvement for these issues that will
require creative solutions, especially when trying to provide temporary, flexible, and rotating options for
the homeless population. One stipulation is that there must be transportation to and from the shelter in
order to reduce impacts on neighborhoods. She feels this is a good overall complement to the current
overflow shelter system, and she has spent a significant amount of time contacting various churches to
obtain support.
Member Whitley is concerned with the lack of notification of neighbors. Member Carpenter reminded the
group that there are seasonal overflow shelters for cold nights; she is concerned with the lack of City
monitoring for this proposed program. Ms. Theil clarified that this program would be running between
November through April only; while there are cost implications for seasonal overflow, this program would
complement the original seasonal overflow program when it isn’t available. She also commented that
there will be ample City involvement (coordination oversight, budgeting, etc.). Ms. Theil stated that this
year will be a pilot program and then there will be an analysis of the program in order to determine future
needs. Chief Planner Shepard indicated that the City is trying to be proactive with establishing an
approved use, rather than waiting until a need arises and then having to go to City Council with an
emergency ordinance when the weather gets cold.
Member Carpenter will not support this program. Member Hobbs will support the program, saying be
feels that having another option for the homeless population is a good thing. Member Whitley will also
support this. Member Rollins asked for the language of the ordinance; Chief Planner Shepard read the
ordinance language, including a third distinct definition for community-based shelters as accessory uses.
Member Rollins asked if the transportation to and from the facility would be codified; Chief Planner
Shepard replied that transportation is not codified.
17.4
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Attachment: Planning and Zoning Board minutes, March 16, 2017 (5456 : Land Use Code Annual Update)
Planning & Zoning Board
March 16, 2017
Page 3
Member Whitley made a motion that the Planning and Zoning Board recommend to City Council
approval of the item #1039 of the Land Use Code, based upon the findings of fact contained in the
staff report that is included in the agenda materials for this hearing and the board discussion on
this item. Member Hobbs seconded. Chair Schneider will be supporting this change. Vote: 3:2, with
Members Carpenter and Rollins dissenting.
Other Business
None noted.
The meeting was adjourned at 11:09pm.
Cameron Gloss, Planning Director Jeff Schneider, Chair
17.4
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Attachment: Planning and Zoning Board minutes, March 16, 2017 (5456 : Land Use Code Annual Update)
1
Land Use Code Amendments
Annual Revisions – Spring - 2017
4-18-17
ATTACHMENT 5
17.5
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Attachment: Powerpoint presentation (5456 : Land Use Code Annual Update)
Change of Use Regulations 2
City of Fort Collins
3/18/2017
17.5
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Attachment: Powerpoint presentation (5456 : Land Use Code Annual Update)
Thresholds
3
Health & Life
Safety
•ADA
•Hazardous Materials
Storage
Removing Blight
•Zoning Violations
•Lack of Street edge
Landscaping
•Non-conforming Signs
Perpetuating
Infrastructure
System
•Public Sidewalk
Extensions
•Curb and Gutter
Site Improvements
•Connecting Walkways
•Landscaped Parking
areas
Low Priority Site
Improvements
•LID
•Rear and Side Facades
17.5
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Attachment: Powerpoint presentation (5456 : Land Use Code Annual Update)
Community Based Shelter Services
Locally called Safe Place to Rest
Based on Room in the Inn, Nashville, TN
Community and Mission Driven Response:
• Provides opportunity to serve Citywide
• Flexible – sites may be added or reduced as needed
• Defined as an Accessory Use
• Minimal impact: transportation provided; max 15
• Complements Homeless Shelter & Seasonal Overflow Shelter
17.5
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Attachment: Powerpoint presentation (5456 : Land Use Code Annual Update)
Safe Place to Rest Community Partners
Peak Community Church
Knights of Columbus
Geller Center
CSU RamRide
Vineyard Church of the
Rockies
City Operation Services (van)
Catholic Charities
Fort Collins Rescue Mission
CSU Slice/FRCC (student
volunteers)
University of Colorado
Health (linens)
Homeless Gear
(supplies/web hosting)
United Way
Interfaith Council
JustServe.org
Sierra Trading - donor
5
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Attachment: Powerpoint presentation (5456 : Land Use Code Annual Update)
-1-
ORDINANCE NO. 059, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING VARIOUS AMENDMENTS TO THE
CITY OF FORT COLLINS LAND USE CODE
WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City
Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and
WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding
of staff and the City Council that the Land Use Code would most likely be subject to future
amendments, not only for the purpose of clarification and correction of errors, but also for the
purpose of ensuring that the Land Use Code remains a dynamic document capable of responding
to issues identified by staff, other land use professionals and citizens of the City; and
WHEREAS, City staff and the Planning and Zoning Board have reviewed the Land Use
Code and identified and explored various issues related to the Land Use Code and have made
recommendations to the Council regarding such issues; and
WHEREAS, the City Council has determined that the recommended Land Use Code
amendments are in the best interests of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 1.5.3 of the Land Use Code is hereby amended to read as
follows:
1.5.3 - Abandonment of Use
If active operations are not carried on in a nonconforming use during a period of twelve
(12) twenty-four (24) consecutive months, the building, other structure or tract of land
where such nonconforming use previously existed shall thereafter be occupied and used
only for a conforming use. Intent to resume active operations shall not affect the
foregoing. A nonconforming home occupation business activity shall be considered to
be abandoned if the occupants of the dwelling who were conducting such
nonconforming home occupation business discontinue either their occupancy of the
dwelling or the nonconforming home occupation.
Section 3. That Section 1.6.7 of the Land Use Code is hereby amended to read as
follows:
1.6.7 - Abandonment of Use
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If active operations are not carried on in an existing limited permitted use during a
period of twelve (12) twenty-four (24) consecutive months, the building, other structure
or tract of land where such existing limited permitted use previously existed shall
thereafter be occupied and used only for a permitted use. Intent to resume active
operations shall not affect the foregoing.
Section 4. That Section 2.2.10(A) of the Land Use Code is hereby amended to read
as follows:
2.2.10 - Step 10: Amendments and Changes of Use
(A) Minor Amendments and Changes of Use. (1) Minor amendments to any approved
development plan, including any Overall Development Plan or Project Development
Plan, any site specific development plan, or the existing condition of a platted
property;, and (2) Cchanges of use, either of which meeting the applicable criteria of
below subsections 2.2.10(A)(1) or 2.2.10(A)(2), may be approved, approved with
conditions, or denied administratively by the Director and may be authorized without
additional public hearings. Such minor amendments and changes of use may be
authorized by the Director as long as the development plan, as so amended, continues to
comply with the standards of this Code to the extent reasonably feasible. Minor
amendments and changes of use shall only consist of any or all of the following:
(1) Any change to any approved development plan or any site specific development
plan which was originally subject only to administrative review and was
approved by the Director, or any change of use of any property that was
developed pursuant to a basic development review or a use-by-right review
under prior law; provided that such change would not have disqualified the
original plan from administrative review had it been requested at that time; and
provided that the change or change of use complies with all of the following
criteria applicable to the particular request for change or change of use:
. . .
(g) In the case of a change of use of any property that was developed
pursuant to a basic development review or use-by-right review under
prior law, the change of use results in the site building and parcel of
ground upon which the building is located being brought into
compliance, to the extent reasonably feasible as such extent may be
modified pursuant to below subsection 2.2.10(A)(3), with the applicable
general development standards contained in Article 3 and the applicable
district standards contained in Article 4 of this Code.
. . .
(3) Waiver of Development Standards for Changes of Use.
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(a) Applicability. The procedure and standards contained in this Section
shall apply only to changes of use reviewed pursuant to Section
2.2.10(A) of this Code.
(b) Purpose. In order for a change of use to be granted pursuant to Section
2.2.10(A), the change of use must result in the site being brought into
compliance with all applicable general development and zone district
standards to the extent reasonably feasible. The purpose of this Section
is to allow certain changes of use that do not comply with all general
development standards to the extent reasonably feasible to be granted
pursuant to Section 2.2.10(A) in order to:
1. Foster the economic feasibility for the use, maintenance and
improvement of certain legally constructed buildings and sites which do
not comply with certain Land Use Code General Development Standards
provided that:
a. Existing blight conditions have been ameliorated; and
b. Public and private improvements are made that address
essential health and life safety issues that are present on-
site.
2. Encourage the eventual upgrading of nonconforming buildings,
uses and sites.
(c) Review by Director. As part of the review conducted pursuant to Section
2.2.10(A) for a proposed change of use, the Director may waive, or
waive with conditions, any of the development standards set forth in
subsection (d) below. In order for the Director to waive, or waive with
conditions, any such development standard, the Director must find that
such waiver or waiver with conditions would not be detrimental to the
public good and that each of the following is satisfied:
1. The site for which the waiver or waiver with conditions is granted
satisfies the policies of the applicable Council adopted subarea,
corridor or neighborhood plan within which the site is located;
2. The proposed use will function without significant adverse impact
upon adjacent properties and the district within which it is located
in consideration of the waiver or waiver with conditions;
3. Existing blight conditions on the site are addressed through site
clean-up, maintenance, screening, landscaping or some
combination thereof; and
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4. The site design addresses essential health and public safety
concerns found on the site.
(d) Eligible Development Standards. The Director may grant a waiver or
waiver with conditions for the following general development standards:
1. Sections 3.2.1(4), (5) and (6) related to Parking Lot Perimeter and
Interior Landscaping, and connecting walkways.
2. Section 3.2.2 (M) Landscaping Coverage.
3. Section 3.2.4 Site Lighting, except compliance with minimum
footcandle levels described in 3.2.4(C).
4. Section 3.2.5 Trash and Recycling Enclosure design.
5. Section 3.3.5 Engineering Design standards related to water quality
standard, including Low Impact Development.
(34) Referral. In either subsection (1) or (2) above, the Director may refer the
amendment or change of use to the Administrative Hearing Officer or Planning
and Zoning Board. The referral of minor amendments to development plans or
changes of use allowed or approved under the laws of the City for the
development of land prior to the adoption of this Code shall be processed as
required for the land use or uses proposed for the amendment or change of use as
set forth in Article 4 (i.e., Type 1 review or Type 2 review) for the zone district in
which the land is located. The referral of minor amendments or changes of use to
project development plans or final plans approved under this Code shall be
reviewed and processed in the same manner as required for the original
development plan for which the amendment or change of use is sought, and, if so
referred, the decision of the Hearing Officer or Planning and Zoning Board shall
constitute a final decision, subject only to appeal as provided for development
plans under Division 2.3, 2.4 or 2.5, as applicable, for the minor amendment or
change of use.
(45) Appeals. Appeals of the decision of the Director regarding the approval, approval
with conditions or denial of, a change of use, or a minor amendment of any
approved development plan, site specific development plan, or the existing
condition of a platted property, shall be to the Planning and Zoning Board. Any
such appeal shall be taken by filing a notice of appeal of the final decision with
the Director within fourteen (14) days after the action that is the subject of the
appeal. The decision of the Planning and Zoning Board on such appeals shall
constitute a final decision appealable pursuant to Section 2.2.12 (Step 12).
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Section 5. That Section 2.1.2 (D) and (E) of the Land Use Code are hereby amended
to read as follows:
(D) Who reviews the development application? Once an applicant has determined the
type of development application to be submitted, he or she must determine the
appropriate level of development review required for the development
application. To make this determination, the applicant must refer to the provisions
of the applicable zone district in Article 4 and the provisions pertaining to the
appropriate development application. These provisions will determine whether the
permitted uses and the development application are subject to basic development
review, administrative review ("Type 1 review") or Planning and Zoning Board
review ("Type 2 review"). Identification of the required level of development
review will, in turn, determine which decision maker, the Director in the case of
administrative review ("Type 1 review"), or the Planning and Zoning Board in the
case of Planning and Zoning Board review ("Type 2 review"), will review and
make the final decision on the development application. When a development
application contains both Type 1 and Type 2 uses, it will be processed as a Type 2
review.
(E) How will the development application be processed? The review of overall
development plans, project development plans and final plans will each generally
follow the same procedural "steps" regardless of the level of review
(administrative review or Planning and Zoning Board review). The common
development review procedures contained in Division 2.2 establish a twelve-step
process equally applicable to all overall development plans, project development
plans and final plans.
The twelve (12) steps of the common development review procedures are the
same for each type of development application, whether subject to basic
development review, administrative review or Planning and Zoning Board review,
unless an exception to the common development review procedures is expressly
called for in the particular development application requirements of this Land Use
Code. In other words, each overall development plan, each project development
plan and each final plan will be subject to the twelve-step common procedure.
The twelve (12) steps include: (1) conceptual review; (2) neighborhood meeting;
(3) development application submittal; (4) determination of sufficiency; (5) staff
report; (6) notice; (7) public hearing; (8) standards; (9) conditions of approval;
(10) amendments; (11) lapse; and (12) appeals.
However, Step 1, conceptual review, applies only to the initial development
application submittal for a development project (i.e., overall development plan
when required, or project development plan when an overall development plan is
not required). Subsequent development applications for the same development
project are not subject to Step 1, conceptual review.
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Moreover, Step 2, neighborhood meeting, applies only to certain development
applications subject to Planning and Zoning Board review. Step 2, neighborhood
meeting, does not apply to development applications subject to basic development
review or administrative review. Step 3, application submittal requirements,
applies to all development applications. Applicants shall submit items and
documents in accordance with a master list of submittal requirements as
established by the City Manager. Overall development plans must comply with
only certain identified items on the master list, while project development plans
must include different items from the master list and final plans must include
different items as well. This master list is intended to assure consistency among
submittals by using a "building block" approach, with each successive
development application building upon the previous one for that project. City staff
is available to discuss the common procedures with the applicant.
Section 6. That Section 3.2.2(C)(6) and (7) of the Land Use Code is hereby amended
to read as follows:
(6) Direct On-Site Access to Pedestrian and Bicycle Destinations. The on-site
pedestrian and bicycle circulation system must be designed to provide, or
allow for, direct connections to major pedestrian and bicycle destinations
including, but not limited to, trails, parks, schools, Neighborhood Centers,
Neighborhood Commercial Districts and transit stops that are located
either within the development or adjacent to the development as required,
to the maximum extent feasible. The on-site pedestrian and bicycle
circulation system must also provide, or allow for, on-site connections to
existing or planned off-site pedestrian and bicycle facilities at points
necessary to provide direct and convenient pedestrian and bicycle travel
from the development to major pedestrian destinations located within the
neighborhood. In order to provide direct pedestrian connections to these
destinations, additional sidewalks or walkways not associated with a
street, or the extension of astreet sidewalks, such as from the end of a cul-
de-sac, or other walkways within the development, to another street or
walkway, may be required as necessary to provide for safety, efficiency
and convenience for bicycles and pedestrians both within the development
and to and from surrounding areas.
(7) Off-Site Access to Pedestrian and Bicycle Destinations. Off-site pedestrian
or bicycle facility improvements may be required in order to comply with
the requirements of Section 3.2.2(E)(1) (Parking Lot Layout), and Section
3.6.4 (Transportation Level of Service Requirements), or as necessary to
provide for safety, efficiency and convenience for bicycles and pedestrians
both within the development and to and from surrounding areas.
Section 7. That the table contained in Section 3.2.2(K)(1)(a)1.a is hereby amended to
read as follows:
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a. Multi-family dwellings and mixed-use dwellings within the Transit-
Oriented Development (TOD) Overlay Zone may reduce the required
minimum number of parking spaces by providing demand mitigation
elements as shown in the following table:
Demand Mitigation Strategy** Parking Requirement Reduction***
. . . . . .
Participation in the City’s Bike Share Program Based on Approved Alternative Compliance
. . .
. . .
Section 8. That Section 3.4.8(C) of the Land Use Code is hereby amended to read as
follows:
3.4.8 Parks and Trails
. . .
(C) General Standard . All development plans shall provide for, or accommodate or
otherwise connect to, either on-site or off-site, the parks and trails identified in the
Parks and Recreation Policy Plan Master Plan that are associated with the
development plan.
Section 9. That Section 3.5.2(G)(1)(a) of the Land Use Code is hereby amended to
read as follows:
(G) Rear Walls of Multi-Family Garages. To add visual interest and avoid the effect
of a long blank wall with no relation to human size, accessibility needs or internal
divisions within the building, the following standards for minimum wall
articulation shall apply:
(1) Perimeter Garages.
(a) Length. Any garage located with its rear wall along the perimeter
of a development and within sixty-five (65) feet of a public right-
of-way or the property line of the development site shall not
exceed fifty-five (55)sixty (60) feet in length. A minimum of seven
(7) feet of landscaping must be provided between any two (2) such
perimeter garages.
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Section 10. That Section 3.8.1 of the Land Use Code is hereby amended to read as
follows:
3.8.1 - Accessory Buildings, Structures and Uses
Accessory buildings, structures and uses (when the facts, circumstances and context of
such uses reasonably so indicate) may include but are not limited to the following:
. . .
(14) garage sales, wherein property which was not originally purchased for the
purpose of resale is sold, provided that such sales are limited to no more
than five (5) weekend periods (as defined in Section 15-316 of the City
Code) in one (1) calendar year.;
(15) hoop houses.;
(16) community based shelter services.
Section 11. That Section 3.8.25(A) of the Land Use Code is hereby amended to read
as follows:
3.8.25 - Permitted Uses: Abandonment Period/Reconstruction of Permitted Uses
(A) If, after June 25, 1999 (the effective date of the ordinance adopting this
Section), active operations are not carried on in a permitted use during a period
of twelve (12) twenty-four (24) consecutive months, or with respect to seasonal
overflow shelters sixty (60) consecutive months, the building, other structure or
tract of land where such permitted use previously existed shall thereafter be re-
occupied and used only after the building or other structure, as well as the tract
of land upon which such building or other structure is located, have, to the
extent reasonably feasible, been brought into compliance with the applicable
general development standards contained in Article 3 and the applicable district
standards contained Article 4 of this Code as determined by the Director. This
requirement shall not apply to any permitted use conducted in a building that
was less than ten (10) years old at the time that active operations ceased. Intent
to resume active operations shall not affect the foregoing.
. . .
Section 12. That Section 3.8.30 of the Land Use Code is hereby amended to read as
follows:
3.8.30 - Multi-Family Dwelling Development Standards
(A) Purpose/Applicability . The following standards apply to all multi-family
development projects that contain at least four (4) dwelling units. These
standards are intended to promote variety in building form and product, visual
interest, access to parks, pedestrian-oriented streets and compatibility with
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surrounding neighborhoods. Multi-family developments in the Transit-Oriented
Development (TOD) Overlay Zone are exempt from subsections (C) and (E) of
this Section.
. . .
(C) Access to a Park, Central Feature or Gathering Place. At least ninety (90)
percent of the dwellings in all development projects containing two (2) or more
acres shall be located within one thousand three hundred twenty (1,320) feet (one-
quarter [¼] mile) of either a neighborhood park, a privately owned park or a
central feature or gathering place that is located either within the project or within
adjacent development, which distance shall be measured along street frontage
without crossing an arterial street. Such parks, central features or gathering places
shall contain one (1) or more of the following uses:
(1) Public parks, recreation areas or other open lands.
(2) Privately owned parks, meeting the following criteria:
(a) Size. In development projects greater than two (2) acres in gross
area, such private parks must be a minimum of ten thousand
(10,000) square feet. In development projects with a gross area of
two (2) acres or less, such private parks must be a minimum of six
(6) percent of the gross site area. For projects between two (2) and
five (5) acres, the development is required to provide sufficient
outdoor gathering areas or site amenities, either public or private,
to sustain the activities associated with multi-family residential
development, to adequately serve the occupants of the
development as set forth below. Such outdoor gathering areas may
include, without limitation, small parks, playgrounds, pools, sports
courts, picnic facilities, passive open space, recreational areas,
plazas, courtyards, or naturalistic features.
For projects greater than five (5) acres and less than ten (10) acres,
the private park must be a minimum of five thousand (5,000)
square feet.
For projects greater than ten (10) acres, the private park must be a
minimum of ten thousand (10,000) square feet.
. . .
Section 13. That Section 4.5(B)(2)(a) of the Land Use Code is hereby amended to read
as follows:
(2) The following uses are permitted in the L-M-N District, subject to administrative
review:
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(a) Residential Uses:
1. Single-family detached dwellings.
2. Two-family dwellings.
3. Single-family attached dwellings.
4. Two-family attached dwellings.
45. Any residential use consisting in whole or in part of multi-family
dwellings (limited to eight [8] or less dwelling units per building) that
contain fifty (50) dwelling units or less, and seventy-five (75) bedrooms or
less.
56. Group homes for up to eight (8) developmentally disabled or elderly
persons.
67. Mixed-use dwellings.
78. Extra occupancy rental houses with four (4) or more tenants.
Section 14. That Section 4.5(D)(1)(b) of the Land Use Code is hereby amended to
read as follows:
(D) Land Use Standards.
(1) Density.
. . .
(b) The maximum density of any development plan taken as a whole
shall be nine (9) dwelling units per gross acre of residential land,
except that affordable housing projects (whether approved
pursuant to overall development plans or project development
plans) containing ten (10) acres or less may attain a maximum
density, taken as a whole, of twelve (12) dwelling units per gross
acre of residential land.
Additionally, affordable housing projects containing more than ten
(10) acres but no more than twenty (20) acres may attain a
maximum density, taken as a whole, of twelve (12) dwelling units
per gross acre of residential land so long as the term of lease or
sale of all of the dwelling units associated with the acreage
exceeding ten (10) acres, but no more than twenty (20) acres, are
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available on terms that would be affordable to households earning
sixty (60) percent or less, on average, of the area median income
for the applicable household size in the Fort Collins-Loveland
metropolitan statistical area, as published by the Department of
Housing and Urban Development. The dwelling units associated
with the acreage exceeding ten (10) acres, but no more than twenty
(20) acres, shall not be counted as contributing to the required
percentage of affordable housing units necessary to qualify as an
affordable housing project. The number of dwelling units that
must be available to those earning sixty (60) percent or less, on
average, of the area median income shall be calculated as follows:
Number of Dwelling Units That Must Be Made Available to
Households Earning Sixty (60) Percent Or Less of the Area
Median Income, Rounded to the Nearest Whole Number =
(Number of Total Dwelling Units Constructed ÷ Number of Total
Gross Acres of Residential Land) X Number of Acres Over Ten
(10) Acres, Up To A Limit of Twenty (20) Acres
. . .
Section 15. That Section 4.5(D)(2)(c) of the Land Use Code is hereby amended to
read as follows:
(c) The following list of housing types shall be used to satisfy this requirement:
. . .
6. Two-family attached dwellings, the placement of which shall be
limited to no more than two (2) dwellings per two (2) consecutive
individual lots.
67. Mixed-use dwelling units.
78. Multi-family dwellings containing more than three (3) to four (4)
units per building;
89. Multi-family dwellings containing five (5) to seven (7) units per
building.
910. Multi-family dwellings containing more than seven (7) units per
building (limited to twelve [12] dwelling units per building).
1011. Mobile home parks.
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Section 16. That Section 4.6(B)(2)(a) of the Land Use Code is hereby amended to read
as follows:
(2) The following uses are permitted in the M-M-N District, subject to administrative
review:
(a) Residential Uses:
. . .
4. Two-family attached dwellings.
45. Any residential use consisting in whole or in part of multi-family
dwellings that contain fifty (50) dwelling units or less, and
seventy-five (75) bedrooms or less.
56. Mixed-use dwellings.
67. Group homes for up to eight (8) developmentally disabled or
elderly persons.
78. Extra occupancy rental houses with more than five (5) tenants.
Section 17. That Section 4.10(D)(2) of the Land Use Code is hereby amended to read
as follows:
(2) Dimensional Standards.
(a) Maximum building height shall be five (5) stories.
(b) For all setback standards, building walls over thirty-five (35) feet in height
shall be set back an additional one (1) foot beyond the minimum required,
for each two (2) feet or fraction thereof of wall or building that exceeds
thirty-five (35) feet in height. Terracing or stepping back the mass of large
buildings is encouraged.
(c) Building setbacks shall be fifteen (15) feet from arterial streets and nine
(9) feet from non-arterial streets, five (5) feet from the side property line
and eight (8) feet from the rear property line.
Section 18. That Section 4.16(D)(5)(e) of the Land Use Code is hereby amended to
read as follows:
(5) Building Character and Facades.
. . .
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(e) Canyon Avenue and Civic Center: Exterior facade materials. All street-facing
facades shall be constructed of high quality exterior materials for the full height of
the building. Such materials, with the exception of glazing, shall include stone,
brick, clay units, terra cotta, architectural pre-cast concrete, cast stone,
prefabricated brick panels, architectural metals, architectural fiber cement siding
or any combination thereof. Except for windows, material modules shall not
exceed either five (5) feet horizontally or three (3) feet vertically without the clear
expression of a joint. For the purposes of this provision, architectural metals shall
mean metal panel systems that are either coated or anodized; metal sheets with
expressed seams; metal framing systems; or cut, stamped or cast ornamental metal
panels. Architectural metals shall not include ribbed or corrugated metal panel
systems.
. . .
Section 19. That the table contained in Section 4.24(B)(2) of the Land Use Code is
hereby amended to read as follows:
Land Use Riverside Area All Other Areas
. . .
D. INDUSTRIAL
. . . . . . . . .
Light industrial uses* Not permittedType 1 Type 2
Research laboratories* Not permittedType 1 Type 1
. . . . . . . . .
Section 20. That the definition of “Change of use” contained in Section 5.1.2 of the
Land Use Code is hereby amended to read as follows:
Change of use shall mean the act of changing the occupancy of a building or land to a
different use that is specifically listed as a "Permitted Use" in Article 4. A change of use
occurs whenever:
(1) the occupancy of a single-tenant building or of a parcel of land changes from the
most recent previously existing use to a different use;
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(2) the occupancy of a tenant space in a multi-tenant building changes to a use that is
not currently existing in another tenant space of the building or that did not
previously exist in any tenant space of the building within the last twelve (12)
twenty-four (24) months; or
(3) the most recent previously existing use of a building or land has been abandoned,
by cessation of active and continuous operations during a period of twelve (12)
twenty-four (24) consecutive months, and either the same type of use is proposed
to be reestablished or a different use that did not exist on the property is proposed
to be established.
Section 21. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition “Community based shelter services” which reads in its entirety as
follows:
Community based shelter services shall mean an accessory use to a facility owned and
operated by a place of worship, public benefit corporation as defined by the Colorado
Revised Statutes, or a tax exempt corporation as defined by Section 503 of the U.S.
Internal Revenue Code, that provides overnight accommodations on a temporary basis for
a maximum of 15 persons.
Section 22. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition “Dwelling, two-family attached” which reads in its entirety as
follows:
Dwelling, two-family attached shall mean a two-family dwelling attached to one other
two-family dwelling with each such two-family dwelling located on its own separate lot.
Section 23. That the definition of “Group home” contained in Section 5.1.2 of the
Land Use Code is hereby amended to read as follows:
Group home shall mean either of the following:
(1) Residential group home shall mean a residence operated as a single
dwelling, licensed by or operated by a governmental agency, or by an
organization that is as equally qualified as a government agency and
having a demonstrated capacity for oversight as determined by the
Director, for the purpose of providing special care or rehabilitation due to
homelessness, physical condition or illness, mental condition or illness,
elderly age or social, behavioral or disciplinary problems, provided that
authorized supervisory personnel are present on the premises.
(2) Large group care facility shall mean a residential facility that is planned,
organized, operated and maintained to offer facilities and services to a
specified population and is licensed by or operated by a governmental
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agency, or by an organization that is as equally qualified as a government
agency and having a demonstrated capacity for oversight as determined by
the Director, for the purpose of providing special care or rehabilitation due
to homelessness, physical condition or illness, mental condition or illness,
elderly age or social, behavioral or disciplinary problems, provided that
authorized supervisory personnel are present on the premises.
Section 24. That the definition of “Homeless shelters” contained in Section 5.1.2 of
the Land Use Code is hereby amended to read as follows:
Homeless shelters shall mean a fully enclosed building other than a hotel, motel, or
lodging establishment that is suitable for habitation and that provides residency only for
homeless persons at no charge at any time during the year. Community based shelter
services are exempt from this definition.
Section 25. That the definition of “Seasonal overflow shelters” contained in Section
5.1.2 of the Land Use Code is hereby amended to read as follows:
Seasonal overflow shelters shall mean a homeless shelter that allows homeless persons
to stay on its premises overnight from the beginning of November through the end of
April, unless, because of inclement weather, specific and limited exceptions to such
seasonal limitations are granted by the Director. Community based shelter services are
exempt from this definition.
Introduced, considered favorably on first reading, and ordered published this 18th day of
April, A.D. 2017, and to be presented for final passage on the 2nd day of May, A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Passed and adopted on final reading on this 2nd day of May, A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Agenda Item 18
Item # 18 Page 1
AGENDA ITEM SUMMARY April 18, 2017
City Council
STAFF
Tiana Smith, Revenue and Project Manager
SUBJECT
Items Relating to the Sales Tax Code.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 060, 2017, Amending Article II of Chapter 25 and Division 2 in Article IX of
Chapter 26 of the Code of the City of Fort Collins Concerning the City’s Tax and Utility Refund Programs.
B. First Reading of Ordinance No. 061, 2017, Amending Article III of Chapter 25 of the Code of the City of
Fort Collins Concerning the Imposition, Collection, and Enforcement of the City’s Sale and Use Taxes.
C. First Reading of Ordinance No. 062, 2017, Amending Article IV of Chapter 25 of the Code of the City of
Fort Collins Concerning the City’s Lodging Tax.
The purpose of this item is to amend Code Chapter 25 to update definitions and align for consistency the sales
and use tax and lodging tax provisions related to the collection and enforcement of these taxes. It also makes
various amendments to the City Code provisions providing for the City’s tax and utility rebate programs
established in Code Chapters 25 and 26 (City Rebate Programs). The philosophy of the Sales Tax
department is to be business friendly in its operations and to ensure that the processes in place are user-
friendly and that taxpayers can remit taxes with ease. For the administration of the City Rebate Programs, the
intention is to help as many qualified, low-income, disabled and senior individuals in the community as
possible. In order to deliver on both of these objectives, the Sales Tax Department is recommending the
following changes to City Code:
Update definitions to allow more flexibility in the administration of the City Rebate Program resulting in the
ability to help more income-qualified individuals
Adopt definitions recommended by the Colorado Municipal League
Align threshold amounts that set taxpayer filing frequency to align with the State of Colorado
Revise the collection and enforcement provisions in the Sales and Use Tax Code to conform to the Sales
Tax Department’s current practices and to add these collection and enforcement provisions to the Lodging
Tax Code for consistency.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
Since early 2016, staff from Sales Tax and City Attorney’s Office has worked with the Colorado Municipal
League on a state-wide effort to update sales tax definitions for consistency across the state and taxing
jurisdictions. The City will adopt the majority of the recommended definitions and retain some that are relevant
to the City of Fort Collins.
The Sales Tax department administers the City Rebate Programs, programs that run from August through
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Agenda Item 18
Item # 18 Page 2
October each year where low-income individuals can apply for a rebate for sales taxes paid on groceries and
low-income, senior and/or disabled individuals can also apply for a rebate on property tax and a portion of the
amount paid for utilities. While administering the City Rebate program, staff determined code language
prevented the eligibility of many otherwise qualified residents due to the way income, household and applicant
were being defined. The Code changes also extend the rebate program to applicants living within the
City’sGrowth Management Area, rather than just in the city limits of Fort Collins. By clarifying these definitions,
more low-income qualified individuals will be eligible for the rebate(s) in the future.
Some of the more substantive changes being made to the Sales and Use Tax and Lodging Tax Codes include:
Revising the definition of “food” with regard to sales tax to update the references in the definition to the
applicable federal statutes (Section 25-71 Sales and Use Tax Code Ordinance)
Clarifying that the purchase and use of “software programs,” “digital products” and “software maintenance
agreements” are considered taxable “tangible personal property” under the Sales and Use Tax Code in
accordance with the City’s past and current practices (Section 25-71)
Clarifying that the sales tax does not apply to the PILOT paid by the City’s utilities to the City’s general
fund (see definition of “price or purchase price” in Section 25-71)
Aligning for consistency the collection and enforcement provisions of the Sales and Use Tax Code and the
Lodging Tax Code
Extending the City’s time-limitation in both Codes for taking an action to collect an unpaid tax to take into
consideration that tax audits often take several years to conduct and complete (Section 25-225 of Sales
and Use Tax Code and Section 25-286 of the Lodging Tax Code)
CITY FINANCIAL IMPACTS
Although the exact number is unknown, there could be financial impact to the City by more income-qualified
individuals being eligible for the City rebate. There were approximately 15 individuals from 2016 who would
have been eligible for the rebate under the changes to City Code.
BOARD / COMMISSION RECOMMENDATION
No outreach was done to boards and commissions on this item.
Staff presented this item to the Council Finance Committee in October 2016 and the Committee supported
bringing these changes forward to Council for approval.
PUBLIC OUTREACH
A letter was sent to contractors informing them of the change to project cost reports. Additionally, upon
adoption, staff will conduct a contractor training on the changes in the second quarter of 2017.
ATTACHMENTS
1. Powerpoint presentation (PDF)
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Sales Tax Code Changes
4/18/17
City Council
1
ATTACHMENT 1
18.1
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Attachment: Powerpoint presentation (5457 : Sales Tax Code Changes)
Sales Tax Code Changes
Purpose:
1. Adopt definitions recommended by CML
2. Allow more flexibility in the administration of the City Rebate program
3. Update City Code to align for consistency throughout Chapter 25
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Attachment: Powerpoint presentation (5457 : Sales Tax Code Changes)
Definitions
Definitions establish what we tax and how
• Consistency in definitions across the state for easier comparisons between
communities
• Less confusing for citizens and entities that cross municipalities
City will retain definitions pertinent to Fort Collins (City Manager, Exempt Org)
City will not adopt definitions with TABOR implications
Other Definitions
• Food- will fix the reference to the federal statute
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Attachment: Powerpoint presentation (5457 : Sales Tax Code Changes)
City Rebate
Definition of Household
• Current- Anyone living in a house, related or not
• Future- Only a household if resources are pooled
Definition of Income
• Current- Not clear what is included and excluded for determining income
• Future- Add clarity by referencing a line on the income tax return
Definition of Applicant
• Current- Qualify for rent/utility rebate if applicant or spouse is elderly/disabled
• Future- Qualify for rent/utility if any member of the household is elderly/disabled
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Attachment: Powerpoint presentation (5457 : Sales Tax Code Changes)
City Code Alignment
• Ensure consistency in language throughout code; align sales and
use tax section with lodging tax section
• Clean up language that’s confusing for taxpayers
• Remove sections that are no longer relevant
• Still working on the redline of code with Legal
• Can bring back to Council Finance, if desired, once complete
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Attachment: Powerpoint presentation (5457 : Sales Tax Code Changes)
Backup
6
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Attachment: Powerpoint presentation (5457 : Sales Tax Code Changes)
Filing Frequency Changes
Purpose:
To be more business friendly and more closely align our filing frequency requirements with
the State’s.
Current Filing Frequency Requirements Proposed Filing Frequency Requirements
(Based on average amount remitted per month) (Based on average amount remitted per month)
7
Monthly $50 +
Quarterly $25 - $50
Annual Less than $25
Monthly $300 +
Quarterly $25 - $300
Annual Less than $25
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Attachment: Powerpoint presentation (5457 : Sales Tax Code Changes)
Filing Frequency Changes
Impact to Cash Flow:
Change per period:
Total Change:
8
Monthly Quarterly Annual
Net Change ($87K) $299K ($149K)
Monthly Quarterly Annual
Net Change ($1.05M) $1.2M ($149K)
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Attachment: Powerpoint presentation (5457 : Sales Tax Code Changes)
9
Building Permit Reconciliation
Purpose:
To provide a simplified option for reconciling the tax due on construction projects
requiring a building permit.
• Use tax deposit paid when building permit issued
• Project valuation x 50% = material valuation
• Material valuation x 3.85% = use tax deposit
• Material reconciliation performed after certificate of occupancy issued
• Compare material valuation from permit to actual material cost
• If actual material cost is higher, then additional tax due from contractor/owner
• If actual material cost is lower, then refund paid to contractor/owner
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Attachment: Powerpoint presentation (5457 : Sales Tax Code Changes)
Building Permit Reconciliation
• Current procedures
• Affidavit obtained from subcontractor outlining actual material cost
• Provide copies of material invoices if City of Fort Collins tax paid to the vendor
• Proposed procedures
• Option given to contractor
1. Obtain affidavits for subcontractors and use actual material cost
2. Use 50/50 split on all subcontractors providing labor & material
• Provide copies of material invoices if City of Fort Collins tax paid to the vendor
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Attachment: Powerpoint presentation (5457 : Sales Tax Code Changes)
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ORDINANCE NO. 060, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE II OF CHAPTER 25 AND DIVISION 2 IN ARTICLE IX OF
CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS CONCERNING THE
CITY’S TAX AND UTILITY REFUND PROGRAMS
WHEREAS, Division 2 in Article II of City Code Chapter 25 Code authorizes the refund
of the City’s property tax to low-income elderly and disabled persons residing in the City (the
“Property Tax Refund Program”); and
WHEREAS, Division 3 in Article II of City Code Chapter 25 authorizes a rebate on the
City’s sales tax charged on food purchases by low-income persons residing in the City (the
“Sales Tax Rebate Program”); and
WHEREAS, Division 5 in Article II of City Code Chapter 25 authorizes the rebate of the
City’s use tax imposed on manufacturing equipment paid by certain qualifying manufacturers
(the “Manufacturing Equipment Use Tax Rebate Program”); and
WHEREAS, Division 2 in Article IX of City Code Chapter 25 authorizes the refund of a
portion of the utility charges billed to low-income elderly and disable persons residing in the
City who receive water, wastewater, stormwater or electric utility services from the City (the
“Utility Refund Program”); and
WHEREAS, the Property Tax Refund Program, Sales Tax Rebate Program and the
Utility Refund Program (collectively, the “Low-Income Rebate Programs”) serve the public
purpose of assisting certain low-income individuals in better affording the necessities of life
related to shelter, food and utility services; and
WHEREAS, the Manufacturing Equipment Use Tax Rebate Program serves the public
purpose of encouraging manufacturers to establish, continue and expand their manufacturing
activities within the City to benefit the local economy and provide manufacturing jobs within the
City; and
WHEREAS, City staff has recently reviewed these programs and is recommending
several changes to them; and
WHEREAS, regarding the Low-Income Rebate Programs, these changes include
modifying the definitions and qualifications used to determine which low-income individuals
and households are eligible for the programs and opening these programs to not just persons
residing in the City, but also to persons residing in the City’s Growth Management Area, both of
which changes are intended to have the effect of increasing the number of people who will be
benefited by the Low-Income Rebate Programs; and
WHEREAS, the changes to the Manufacturing Equipment Use Tax Rebate Program are
more minor and have no similar effect of expanding eligibility under the program, but are
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changes to clarify, update and better describe when a qualify manufacturer is eligible for a rebate
under the Manufacturing Equipment Use Tax Rebate Program; and
WHEREAS, the City Council hereby finds and determines that adoption of this
Ordinance to modify the Low-Income Rebate Programs and the Manufacturing Equipment Use
Tax Rebate Program as proposed is in the best interests of the City and its citizens and necessary
for the public’s health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Division 2 in Article II of Chapter 25 of the Code of the City of Fort
Collins is hereby amended to read as follows:
Division 2
Ad Valorem Tax Refund
Program for the Elderly and Disabled
Sec. 25-26. - Definitions.
The following words, terms and phrases, when used in this Division, shall have the meanings
ascribed to them in this Section:
Applicant shall mean a person who applies to the City for a tax rebate under this Division 2.
Disabled individual shall mean any person who has a physical impairment from a physiological
or neurological condition or a disability attributable to mental retardation, cerebral palsy or
epilepsy which prevents the exercise of normal physical function.
Disabled person shall mean a person receiving Supplemental Security Income or Social Security
Disabled Income or certified as disabled by Foothills Gateway as Larimer County’s Community
Centered Board for Disabilities.
Dwelling Unit shall have the meaning given to it by Section 5.1.2 of the City’s Land Use Code,
as amended.
Elderly person shall mean an individual who was sixty-five (65) years of age or older in the year
in which the taxes to be rebated were levied.
Household shall mean two (2) or more persons related by blood or marriage living together
under one (1) roof. For the purposes of this provision, a person who pays property taxes or rent
on a home or dwelling unit shall be considered to be a part of the household in the dwelling unit
in which that person resides, and shall not be considered to be part of any other household. shall
mean collectively the applicant, applicant’s spouse, and applicant’s children by birth or adoption,
step children, foster children and children under legal guardianship who reside with the applicant
in the taxed dwelling unit and any other person who the applicant may claim as a dependent on
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his or her federal income tax return. Household shall also mean the applicant and persons not
related as above described, provided the applicant and such persons shall live at the same address
and pool resources for the purpose of paying living expenses, such as rent, food and utilities. The
Financial Officer’s determination shall be final with regard to eligibility as a household.
Income shall mean total income, including, but not limited to, salaries, scholarships, grants and
loans, wages, tips, employee compensation, interest, dividends, business or farm income, rents,
royalties, social security benefits, public and private pension payments, annuities, support
money, cash public assistance and relief, veterans benefits (except Medicare and service-
connected disability payments), workers' compensation and unemployment compensation
benefits and all other forms of revenue. shall mean: (1) total income of an individual as shown
on the individual’s federal income tax form on the line noted for the applicable form, as set forth
in the chart below, or if the individual is not required to file any of these tax forms with the
Internal Revenue Service, the amount that would be so reported in the most applicable form if
the individual was required to file; and (2) plus any nontaxable income including, without
limitation, individual retirement account distributions (not including rollovers), pensions and
annuities, social security benefits, disability benefits, worker’s compensation benefits and any
other nontaxable income:
I.R.S. Form 1040 Line 22 "Total Income"
I.R.S. Form
1040A
Line 15 “Total Income”
I.R.S. Form
1040EZ
Line 4 "Adjusted Gross Income"
I.R.S. Form
1040NR
Line 23 "Total Effectively Connected
Income"
Owned shall mean possessed of the legal incidents of ownership irrespective of whether the
applicant's name appears on the recorded deed for the propertyOwn shall mean having fee title or
other beneficial ownership to real property.
Sec. 25-27. - Purpose.
There is hereby enacted a tax refund program to provide relief from property taxes for low-
income elderly residentspersons and disabled persons residing in residents of the City. It is the
purpose of this tax refund program to refund to low-income elderly residentspersons and
disabled residentspersons, as defined in this Division, the City's portion of property taxes for the
preceding year which such persons have paid. This program is intended to apply to applicants
who either own or lease, and reside within, the dwelling unit for which such taxes have been paid
pursuant to the provisions of Subsection 25-31(a) below.
Sec. 25-28. - Application for refund.
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Refunds under this program shall be made to persons qualified for such refunds upon written
application made to the Financial Officer on forms to be provided by the Financial Officer. Such
applications shall be madefiled with the City between August 1 and October 31 in each year, and
shall be for the refund of the taxes levied in the prior yearinclusive, of each year for which a
refund is to be made.
Sec. 25-29. - Qualifications.
In order to be entitled to a refund under this program, the applicant for such refund must meet all
of the following applicable requirements:
(1) The applicant or other member of the applicant’s household must be an elderly or
disabled person.spouse, if living together, must be sixty-five (65) years of age or older
by August 1 of the year in which the application is submitted or be a disabled individual
as defined in this Division. No more than one (1) application shall be submitted or acted
upon in connection with any single property in the City.
(2) The applicant, or the applicant’s household member who is the qualifying elderly or
disabled person, must be a resident of the City as of August 1 of the year in which the
application is submitted and must have been a resident of the City during the entire
preceding year when the property tax to be refunded was levied against the dwelling
unit assessed.
(3) The applicant or a member of the applicant’s household must have either: (a) paid
property taxes leviedassessed in the previous year on a dwelling unit which that was
owned by the applicant and in which the applicant resided lived; or (b) the applicant, in
the alternative, must have paid rent in the previous year when the taxes were levied
assessed foron the dwelling unit or portion thereof in which the applicant residedlived.
(4) The applicant’s household shall have an annualincome in the year the tax to be refunded
was levied, together with the income for that year of all individuals in the applicant’s
household, which shall not exceed fifty (50) percent of the area median income for the
applicable household size in the Fort Collins-Loveland metropolitan statistical area,
rounded to the nearest two-hundred-fifty-dollar increment, up to a maximum household
income of fifty (50) percent of the area median income for a household of eightfour
(48), as most recently published by the United States Department of Housing and Urban
Development as of August 1December 31 of the rebate year in which the tax to be
refunded was levied.
. . .
Sec. 25-30. - Amount of refund.
(a) If the applicant meets the requirements of this Division, the City shall refund to the applicant
an amount based upon the following:
(1) In the case of an applicant who is the owner of a the dwelling unit in which the
applicant resided, that portion of the total property tax actually paid on the property
which was levied by the City for the preceding year;
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(2) In the case of a person renting the dwelling unitproperty on which City property taxes
were leviedpaid in the preceding year, an amount equal to one and forty-four one-
hundredths (1.44) percent of the total rental payments made by such applicant during
the preceding year;
. . .
(b) An applicant may be entitled to a refund based on the foregoing provisions for such
qualifying dwelling unit in which the applicant lived at different times during such year, but
in no event shall the applicant be entitled to a refund representing more than one (1)
dwelling unit for a particularthe same time period.
(c) Notwithstanding the foregoing provisions of this section, the City shall not be obligated to
refund to multiple applicants for the same dwelling unit in a total amount in excess of the
total City property taxes levied and paid for that dwelling unit in the applicable year.
Sec. 25-31. - Refunds payable only to applicant.
(a) The City shall make tax refunds pursuant to this Division only directly to the applicant who
qualifies therefor and, except as provided in Subsection (b) below, refunds shall not be paid
to anyone other than the applicant. If an applicant dies prior to receiving or cashing a refund
pursuant hereto, any check representing such refund shall be null and void, and such refund
shall not become an asset of the decedent's estate. If the decedent is survived by a spouse
who would be qualified as an applicant for such refund, the City will honor an application
for a refund by such surviving spouse, even though the application is not timely made in
accordance with the provisions of this Division.
(b) If any application for a refund is approved under the provisions of this Division, and the
applicant for such refund subsequently becomes delinquent in the payment of any utility
bill(s) owed to the City, the refund otherwise the applicant may be applied by the City in
whole or in part toward the payment of the delinquent bill(s).
Sec. 25-32. - Administration.
The Financial Officer shall administer the program established by this Division and may prepare
a rebate refund application form, adopt rules and regulations consistent with the provisions of
this Division and audit and verify the applications submitted pursuant to this Division. Any
refundrebate application form shall require the claimant to verify and sign the application under
oath. The burden of proving entitlement to a refundrebate under this Division is on the
applicantclaimant. The Financial Officer may require other reasonable information to support the
refundrebate application.
Section 3. That Division 3 in Article II of Chapter 25 of the Code of the City of Fort
Collins is hereby amended to read as follows:
Division 3
Sales Tax Rebate on Food
Sec. 25-46. - Definitions.
The following words, terms and phrases, when used in this Division, shall have the meanings
ascribed to them in this Section:
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Applicant means a person who applies to the City for a tax rebate under this Division 3.
Household shall mean spouses and their children by birth or adoption, and including foster
children and children placed in legal guardianship, herein referred to as family household.
Household shall mean no more than three (3) persons not related as above described, herein
referred to as nonfamily household. In either event such persons shall live at the same address
and pool resources for the purpose of paying shared living expenses, such as rent, food and
utilities. The City's determination shall be final with regard to eligibility as a household. shall
mean collectively the applicant, applicant’s spouse, and applicant’s children by birth or adoption,
step children, foster children and children under legal guardianship who reside with the applicant
and any other person who the applicant may claim as a dependent on his or her federal income
tax return. Household shall also mean the applicant and persons not related as above described,
provided the applicant and such persons shall live at the same address and pool resources for the
purpose of paying living expenses, such as rent, food and utilities. The City’s determination shall
be final with regard to eligibility as a household.
Income shall mean total income, including, but not limited to, salaries, scholarships, grants and
loans, wages, tips, employee compensation, interest, dividends, business or farm income, rents,
royalties, social security benefits, public and private pension payments, annuities, support
money, cash public assistance and relief, veterans benefits (except Medicare and service
connected disability payments) workers' compensation and unemployment compensation
benefits and all other forms of revenue. shall mean: (1) total income of an individual as shown
on the individual’s federal income tax form on the line noted for the applicable form, as set forth
in the chart below, or if the individual is not required to file any of these tax forms with the
Internal Revenue Service, the amount that would be so reported in the most applicable form if
the individual was required to file; and (2) plus any nontaxable income including, without
limitation, individual retirement account distributions (not including rollovers), pensions and
annuities, social security benefits, disability benefits, worker’s compensation benefits and any
other nontaxable income:
I.R.S. Form 1040 Line 22 "Total Income"
I.R.S. Form
1040A
Line 15 “Total Income”
I.R.S. Form
1040EZ
Line 4 "Adjusted Gross Income"
I.R.S. Form
1040NR
Line 23 "Total Effectively Connected
Income"
Sec. 25-47. - Establishment.
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There is hereby established a sales tax rebate program to provide relief from City sales taxes
charged on food purchasesd by low-income residentspersons residing in the City and its Growth
Management Area, as defined in § 1-2 and as amended.
Sec. 25-48. - Application for rebate.
Application for the sales tax rebate on food shall be made on forms to be provided by the City. In
order to qualify for such rebate, the application must be filed with the City between August 1 and
October 31 of each year, and shall be for the rebate of the taxes imposed and paid in the prior
year. inclusive, of each year for which a rebate is requested. Only one (1) application shall be
filed per household. If any member of the household for which the application has been filed
filing an application has filed a federal income tax return for the applicable year, a copy of such
income tax return must be attached to the application.
Sec. 25-49. - Qualifications.
In order to qualify for the sales tax rebate, the following requirements must be met: (1) Aall
members of thean applicant’s household must have resided within the City or the City’s Growth
Management Area, as defined in § 1-2 and as amended, during the rebate year for which the
application is made. prior to the commencement of the calendar year for which application is
made and at the time the application is made. The applicant’s household shall have an total
annual income which shall that does not exceed fifty (50) percent of the area median income for
the applicable household size in the Fort Collins-Loveland metropolitan statistical area, rounded
to the nearest fifty-dollar increment, up to a maximum household income of fifty (50) percent of
the area median income for a household of eight (8), as most recently published by the United
States Department of Housing and Urban Development as of August 1 of the year in which the
tax to be rebated was imposed. rebate year.
(2) Any applying household or member thereof shall be in full compliance with all
provisions of the City Code and shall not be in default of the terms of any obligation, contract or
other agreement with the City. If any application for a rebate is approved under the provisions of
this Division, and the applicant for such refund subsequently becomes delinquent in the payment
of any utility bill(s) owed to the City, the rebate otherwise due said applicant may be applied by
the City in whole or in part toward the payment of the delinquent bill(s).
Sec. 25-50. - Amount of rebate.
The rebate amount for the 2016 tax year will be sixty dollars ($60.) The amount of rebate
payable hereunder shall be in the sum of fifty-four dollars ($54.) per person per calendar year for
each person in the any eligible qualified household not to exceed eight (8) household members.
TheThis amount of the rebate will be increased annually according to the Denver-Boulder-
Greeley Consumer Price Index for Urban Consumers, as published by the Bureau of Labor
Statistics.
Sec. 25-51. - Payment.
The City shall make a single rebate payments to each qualifiedfamily households for which an
application has been properly filed by joint payment to adult members of the household and to
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parents or guardians on behalf of all children of the household. The City shall make rebate
payments to nonfamily households by joint payment to all members of the household.
Sec. 25-52. - Administration.
The Financial Officer shall administer the program established by this Division and may prepare
a rebate application form, adopt rules and regulations consistent with the provisions of this
Division and audit and verify the applications submitted pursuant to this Division. Any rebate
application form shall require the claimantapplicant to verify and sign the application under oath.
The burden of proving entitlement to a rebate under this Division is on the claimant applicant.
The Financial Officer may require other reasonable information to support the rebate application.
Section 4. That Division 5 in Article II of Chapter 25 of the Code of the City of Fort
Collins is hereby amended to read as follows:
Division 5
Manufacturing equipment use tax rebate
Sec. 25-63. - Definitions.
(a) The following words, terms and phrases, when used in this Division, shall have the
meanings ascribed to them in this Section:
Manufacturing equipment shall mean manufacturing equipment to be used in the City directly
and exclusively in the manufacture of tangible personal property for sale or profit.
Qualifying manufacturer shall mean an industrial manufacturer who, in an industrial setting,
produces a new product, article, substance or commodity that is different from and has a
distinctive name, character or use from the raw or prepared materials used to manufacture the
product.
(b) Any words, terms and phrases used in this Division not defined in Subsection (a) of this
section shall have the meaning given to them in § 25-71.
Sec. 25-64. - Establishment.
(unchanged)
Sec. 25-65. - Application for rebate.
(unchanged)
Sec. 25-66. - Qualifications.
In order to qualify for a rebate under the provisions of this Division, the following requirements
must be met:
(1) The qualifying manufacturer must have a sales and use tax licensed withfrom the City
and be classified as a "manufacturer" under the Standard Industrial Code North
American Industry Classification System (NAICS), as amended.
. . .
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(5) The qualifying manufacturer must have paid the appropriate use tax when due and not
as a consequence of a tax audit conducted by the City.
Sec. 25-67. - Amount of rebate.
The amount of rebate payable shall be in the sum set forth in a rebate schedule to be adopted by
the Financial Officer City's Finance Department consistent with rules and regulations
promulgated pursuant to § 25-69.
Sec. 25-68. - Payment.
For each qualifying manufacturer, Tthe City shall only be required to make a single annual all
rebate payments to each qualifying manufacturer by a single check. Any additional payments
shall be in the Financial Officer’s sole discretion.
Sec. 25-69. - Administration.
The Financial Officer shall administer the program established by this Division and may prepare
a rebate application form, adopt rules and regulations consistent with the provisions of this
Division, and audit and verify the applications submitted pursuant to this Division. Any rebate
application form shall require the claimantapplicant to verify and sign the application under oath.
The burden of proving entitlement to a rebate under this Division is on the claimant applicant.
The Financial Officer may require other reasonable information to support the rebate application.
Section 5. That Division 2 in Article IX of Chapter 26 of the Code of the City of Fort
Collins is hereby amended to read as follows:
Division 2
Water, Wastewater, Stormwater,
Electric Utilities Refund Program
Sec. 26-611. - Declaration of purpose.
(unchanged)
Sec. 26-612. - Requirements for qualification.
In order to qualify for the refund hereunder, the applicant must satisfy in addition to meeting the
qualifications required in § 25-29 and of this Code, the following requirements shall be met:
(1) All utility bills for the property occupied by the applicant must be paid current. If any
application for a refund is approved under the provisions of this Division, and the
applicant for such refund subsequently becomes delinquent in the payment of any utility
bill(s) owed to the City, the refund otherwise due said applicant may be applied by the
City in whole or in part toward the payment of the delinquent bill(s).
(2) Tthe property occupied by the applicant must receive water, wastewater, stormwater or
electric utility service from the City.
Sec. 26-613. - Application for refund.
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The application for a utility bill refund shall be the same application as that used to apply for an
ad valorem tax refund under the provisions of § 25-26 et seqDivision 2 in Article II of Code
Chapter 25. In order to qualify for such refund, the application must be filed within the time
limits prescribed by § 25-26 et seq., and the applicant must have the qualifications set forth
thereinin said Division 2.
Sec. 26-614. - Amount of refund.
(a) The annual amount of refund payable hereunder shall be based on the average monthly
consumption of water, wastewater, stormwater and electric services by a residential unit in
the City, determined pursuant to the administrative rules and regulations of this Division. An
applicant shall be entitled to a refund only for those utility services received.
(b) Any refund payable hereunder shall be made at the same time as the ad valorem tax refund
is made pursuant to § 25-26 et seqDivision 2 in Article II of Code Chapter 25.
Sec. 26-615. - Refund payable from general fund.
(unchanged)
Sec. 26-616. - Payment of refund to applicant.
The provisions of § 25-31 shall apply to rRefunds paid pursuant to this Division shall be paid as
provided in § 25-31.
Sec. 26-617. - Rules and regulations.
(unchanged)
Introduced, considered favorably on first reading, and ordered published this 18th day of
April, A.D. 2017, and to be presented for final passage on the 2nd day of May, A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Passed and adopted on final reading on this 2nd day of May, A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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ORDINANCE NO. 061, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE III OF CHAPTER 25 OF THE CODE OF
THE CITY OF FORT COLLINS CONCERNING THE IMPOSITION, COLLECTION,
AND ENFORCEMENT OF THE CITY’S SALES AND USE TAXES
WHEREAS, the City of Fort Collins, as home rule municipality, is granted in Article
XX, § 6.g. of the Colorado Constitution all powers necessary to levy and collect taxes for
municipal purposes, subject to any limitations in the Colorado Constitution; and
WHEREAS, on November 16, 1967, the City Council, in the exercise of its home rule
taxing powers, adopted Ordinance No. 58, 1967, to levy, collect and enforce beginning on
January 1, 1968, a sales and use tax on the purchase price of tangible personal property sold at
retail in the City and on certain taxable services provided in the City (the “Sales and Use Tax
Code”);
WHEREAS, the Sales and Use Tax Code is currently found in Article III of City Code
Chapter 25 and it has been significantly amended many times since its adoption in 1967; and
WHEREAS, since early 2016, City staff has worked with the Colorado Municipal League
(“CML”) on a statewide effort to update and make more consistent the definitions that
municipalities around state use for the imposition and collection of their respective sales and use
taxes; and
WHEREAS, in connection with this effort, City staff has also reviewed the other
provisions of the Sales and Use Tax Code to update and revise these provisions as needed for
clarification and consistency with the current practices and regulations that the Financial Officer
and the City’s Sales Tax Department follow in administering the Sales and Use Tax Code; and
WHEREAS, this Ordinance not only amends the definitions in the Sales and Use Tax
Code generally consistent with CML’s proposed definitions, but it also amends the City’s
administrative processes for the collection and enforcement of the City’s sales and use taxes as
proposed by City staff; and
WHEREAS, the City Council hereby finds that amending the Sales and Use Tax Code as
proposed in this Ordinance is in the City’s and its taxpayers’ best interests and necessary for the
publics’ health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
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Section 2. That Article III Division 1 of Chapter 25 of the Code of the City of Fort
Collins is hereby amended to read as follows:
ARTICLE III. - SALES AND USE TAX
Division 1
General Provisions; Taxes Imposed
Sec. 25-71. - Definitions.
The following words, terms and phrases, as used in this Article, shall have the following
meanings:
Access services shall mean the services furnished by a local exchange company to its customers
who provide telecommunications services which allow them to provide such telecommunication
services.
. . .
Carrier access services shall mean the services furnished by a local exchange company to its
customers, which customers use those services to provide telecommunication services to their
customers.
. . .
Coin operated device shall mean any device operated by coins or currency or any substitute
therefor.
Collection costs shall mean all of the City’s costs incurred to enforce the provisions of this
Article, which shall include, without limitation, all costs of audit, assessment, hearings,
execution, lien filings, distraint actions, litigation, locksmith fees, auction costs, bank fees,
prosecution costs and related attorney fees.
Commercial packaging materials shall mean containers, labels and/or cases, that become part of
the finished product to the purchaser, used by or sold to a person engaged in manufacturing,
compounding, wholesaling, jobbing, retailing, packaging, distributing or bottling for sale, profit
or use, and is not returnable to said person for reuse. Commercial packaging materials do not
include commercial shipping materials.
Commercial shipping materials shall mean materials that do not become part of the finished
product to the purchaser and are used exclusively in the shipping process. Commercial shipping
materials include, but are not limited to, containers, labels, pallets, banding material and
fasteners, shipping cases, shrink wrap, bubble wrap and other forms of binding, padding or
protection. Commercial shipping materials shall not include returnable kegs and similar large
containers used to sell any beverage.
Construction equipment shall mean any equipment, including mobile machinery and mobile
equipment, that is used to erect, install, alter, demolish, repair, remodel or otherwise make
improvements to any real property, building, structure or infrastructure. shall mean all pieces of
portable machinery, vehicles and other types of equipment used to demolish, build, erect or
otherwise demolish or construct buildings, roads, bridges or any other improvements.
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. . .
Consumer shall mean any individual person in the City who uses stores, distributes or otherwise
consumes in the City tangible personal property or taxable services purchased from sources
inside or outside the City.
Digital product shall mean an electronic product including, but not limited to: (1) “digital
images,” including, but not limited to, works that are generally recognized in the ordinary and
usual sense as “photographs,” “logos,” “cartoons” or “drawings”; (2) “digital audio-visual
works,” meaning a series of related images that, when shown in succession, impart an impression
of motion, together with accompanying sounds, if any; and (3) “digital audio works,” meaning
works that result from the fixation of a series of musical, spoken, or other sounds, including
ringtones (for purposes of the definition of “digital audio works,” “ringtones” means digitized
sound files that are downloaded onto a device and that may be used to alert the customer with
respect to a communication) and (4) “digital books,” meaning works that are generally
recognized in the ordinary and usual sense as “books”.
Distribution shall mean the act of distributing any article of tangible personal property for use or
consumption, which may include, but not be limited to, the distribution of advertising gifts,
shoppers guides, catalogs, directories or other property given as prizes, premiums or for goodwill
or in conjunction with the sales of other commodities or services.
District court shall mean the Larimer County District Court in the Eighth Judicial District of the
State of Colorado.
. . .
Dwelling unit shall mean a building or any portion of a building designed for occupancy as a
complete, independent living quarters for one (1) or more persons, having direct access from the
outside of the building or through a common hall and having living, sleeping, kitchen and
sanitary facilities for the exclusive use of the occupants.
Engaged in business in the City shall mean performing or providing services or selling, leasing,
renting, delivering or installing tangible personal property for storage, use or consumption within
the City. Engaged in business in the City includes, but is not limited to, any one (1) of the
following activities by a person:
. . .
(5) Makes more than one (1) delivery into the taxing jurisdiction within a twelve-month
period by any means other than a common carrier.
Exempt commercial packaging materials shall mean containers, labels and shipping cases sold to
a person engaged in manufacturing, compounding, wholesaling, jobbing, retailing, packaging,
distributing or bottling for sale, profit or use that meets all of the following conditions:
(1) Is used by the manufacturer, compounder, wholesaler, jobber, retailer, packager,
distributor or bottler to contain or label the finished product;
(2) Is transferred by said person along with and as a part of the finished product to the
purchaser; and
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(3) Is not returnable to said person for reuse.
. . .
Farm close-out sale shall mean full and final disposition of all tangible personal property
previously used by a person in the farmer or rancher in farming or ranching operations that
which are being abandoned.
Farm operations shall mean the agricultural, ranching and vitacultural production of any of the
following products for profit, including, without limitation, a business that hires out to produce
or harvest such products: (1) livestock; (2) milk; (3) honey; (4) poultry and eggs; (5) fruits,
vegetables and grains; (6) wool and plant fibers; and (7) similar products produced in
agricultural, ranching and vitacultural operations. However, farm operations shall not include
the growing, cultivation or production of marijuana in any form or for any purpose.
Financial Officer shall mean the Financial Officer of the City of Fort Collins or such other
individual person designated by the municipality; Financial Officer shall also include such
person's designee.
Food shall mean: food for domestic home consumption as defined in 7 U.S.C. § 2012(kg) as
amended, for purposes of the supplemental nutrition assistance program, or any successor
program,federal food stamp program as defined in 7 U.S.C. § 2012(ht), as amended,; except that
food does not include prepared food or food for immediate consumption; carbonated water
marketed in containers; chewing gum; seeds and plants to grow food; prepared salads and salad
bars; packaged and unpackaged cold sandwiches; deli trays; and hot or cold beverages served in
unsealed containers or cups food or drink that are vended by or through machines or non-coin-
operated coin-collecting food and snack devices on behalf of a vendor.
. . .
Gross sales shall mean the total amount received in money, credit, property or other
consideration valued in money for all sales, leases or rentals of tangible personal property or and
for the purchase of taxable services.
License shall mean a City of Fort Collins sales and use tax license issued under this Article.
. . .
Lodging services shall mean the furnishing of a rooms or other accommodations by any person,
partnership, association, corporation, estate or any other combination of individuals by whatever
name known to another person who for a consideration uses, possesses or has the right to use or
possess that any room or accommodation in a hotel, motel, inn, bed and breakfast residence,
apartment hotel, lodging house, motor hotel, guest house, guest ranch, trailer coach, mobile
home, auto camp, or trailer court or park, dwelling unit, or any similar establishment or
accommodation, for a period of less than thirty (30) consecutive days under any lease, rental,
concession, permit, right of access, license to use or other agreement or otherwise.
. . .
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Mobile machinery and self-propelled construction equipment shall mean those vehicles, self-
propelled or otherwise, whichthat are not designed primarily for the transportation of persons or
cargo over the public highways, and those motor vehicles whichthat may have originally been
designed for the transportation of persons or cargo over the public highways, but whichthat have
been redesigned or modified by the mounting thereon of special equipment or machinery, and
whichthat may be only incidentally operated or moved over the public highways. This definition
includes but is not limited to wheeled vehicles commonly used in the construction, maintenance
and repair of roadways, the drilling of wells and the digging of ditches.
. . .
Pay television shall include, but not be limited to, cable, microwave or other television service
for which a charge is imposed.
Person shall mean an individual, firm, partnership, joint venture, corporation, limited liability
company, other business entity, association, estate, estate or trust, receiver, trustee, assignee,
lessee or any person acting in a fiduciary or representative capacity, whether appointed by a
court or otherwise, or any group or combination acting as a unit.
. . .
Price or purchase price shall mean the aggregate value measured in currency paid or delivered
or promised to be paid or delivered in consummation of a sale, without any discount from the
price on account of the cost of materials used, labor or service cost, the price to the consumer but
exclusive of any direct tax imposed by the federal government or by this Article, or imposed as a
payment in lieu of taxes and/or franchise fee in Code Chapter 26 and, in the case of all retail
sales involving the exchange of property, also exclusive of the fair market value of the property
exchanged at the same time and place of the exchange, if:
. . .
Price or purchase price includes:
. . .
(5) Installation, delivery, and wheeling-in and all other charges included in the purchase
price and not separately stated.
. . .
Price or purchase price shall not include:
. . .
(2) The fair market value of property exchanged if such property is to be sold thereafter in
the retailer’s usual course of business. This is not limited to exchanges in Colorado.
Out-of-state trade-ins are an allowable adjustment to the purchase price.
(3) Discounts from the original price if such discount and the corresponding decrease in
sales tax due is actually passed on to the purchaser, and the seller is not reimbursed for
the discount by the manufacturer or someone else. An anticipated discount to be
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allowed for payment on or before a given date is not an allowable adjustment to the
purchase price in reporting gross sales.
. . .
Prosthetic devices shall mean any artificial limb, part, device or appliance for human use
whichthat replaces a body part or aids or replaces a bodily function; is designed, manufactured,
altered or adjusted to fit a particular individual; and is prescribed by a licensed practitioner of the
healing arts. Prosthetic devices include but are not limited to prescribed auditory, ophthalmic or
ocular, cardiac, dental or orthopedic devices or appliances, oxygen concentrators, and oxygen
and related accessories.
Purchase or sale shall mean the acquisition for any consideration by any person of tangible
personal property or taxable services that are purchased, leased, rented, sold, used, stored,
distributed or consumed, but excludes a bona fide gift of property or services. These terms
include capital leases, installment and credit sales, and property and services acquired by any of
the following:
(1) Transfer, either conditionally or absolutely, of title or possession or both to tangible
personal property or taxable services;
. . .
(4) Barter or exchange for other tangible personal property or services including coupons.
The terms purchase and sale do not include the following:
. . .
(2) The formation of a corporation by the owners of a business and the transfer of their
business assets to the corporation in exchange for all of the corporation's outstanding
stock, except qualifying shares, in proportion to the assets contributed;
. . .
(10)The transfer of assets from a subsidiary corporation or corporations whichthat are
owned at least eighty (80) percent by the parent corporation to a parent corporation or to
another subsidiary whichthat is owned at least eighty (80) percent by the parent
corporation, which transfer is solely in exchange for stock or securities of the parent
corporation or the subsidiary which received the assets; or
. . .
Recreation services shall mean all services relating to athletic or entertainment participation
events, including, but not limited to, pool, golf, billiards, skating, tennis, bowling, health/athletic
club memberships, coin-operated amusement devices, video games and video club memberships.
. . .
Retailer shall mean any person selling, leasing, or renting, or granting a license to use tangible
personal property or services at retail. Retailer shall include, but is not limited to, any of the
following:
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. . .
(2) Salesperson, representative, peddler or canvasser, who makes sales as a direct or
indirect agent of or obtains such property or services sold from a dealer, distributor,
supervisor or employer; and
. . .
Return shall mean the sales and use tax reporting form used to report sales and use taxany form
prescribed by the Financial Officer for computing and reporting a tax liability under this Article.
Sales tax shall mean the tax to be that is collected or required to be collected and remitted by a
retailer on sales taxed under this ArticleCode.
School shall mean a public or private school for students in kindergarten through twelfth grade or
any portion of these school grades and shall not include preschools, trade schools and post-
secondary schools.
Security system services shall mean electronic security system services. Such term does not
include nonelectronic security services such as consulting or human or guard dog patrol services.
Software program shall mean a sequence of instructions that can be measured, interpreted and
executed by an electronic device (e.g., a computer, tablet, smart phone) regardless of the means
by which it is accessed or the medium of conveyance. Software program includes pre-written
software program, which is a software program prepared for sale or license to multiple users, and
not to the special order or specifications of a single customer. Pre-written software is commonly
referred to as “canned,” “off-the-shelf “mass produced” or “standardized.” The generic term
“software,” “software application,” as well as “updates,” “upgrades,” “patches,” “user exits,” and
any items that add or extend functionality to existing software programs shall be considered a
software program. However, software program shall not include a custom software program,
which is a software program prepared to the special order or specifications of a single customer.
It shall also not include modifying software, which means software that is created by someone
other than the purchaser to alter or enhance pre-written software to create a custom program for
the purchaser. However, the pre-written software that is so modified is still considered a
software program.
Software maintenance agreement means an agreement, typically with a software provider, that
requires the purchaser of the software product to pay an additional fee for future products and/or
services in order to be allowed to use the software product. Such future products and services
may include, without limitation (1) software upgrades, including code updates, version updates,
code fix modifications, enhancements, and added or new functional capabilities loaded into
existing software, and (2) technical support. Those software maintenance agreements that are
not required to be purchased in order to use the software product and provide for only technical
support shall not be considered a software maintenance agreement for purposes of this Article.
However, those software maintenance agreements that are not required to be purchased for use
of the software, but will provide code and version updates, shall be considered a software
maintenance agreement for purposes of this Article.
Sound system services shall mean sound system services involving the provision of broadcast or
prerecorded audio programming to a building or portion thereof. Such term does not include
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installation of sound systems where the entire system becomes the property of the building
owner or the sound system service is for presentation of live performances.
Storage or storing shall mean any keeping or retention of, or exercise of dominion or control
over, tangible personal property within the City.
Tangible personal property shall mean corporeal personal property that can be one or more of
the following: seen, weighed, measured, felt or touched, stored, transported, or exchanged, or
that is in any other manner perceptible to the senses. Tangible personal property shall also
include, without limitation, digital products, software programs and software maintenance
agreements.
. . .
Tax deficiency shall mean anythe total amount of tax, penalties, interest, collection costs and
other amounts owed under this Article that is not reported or not paid on or before the due date
that the filing of any return for that amount or payment of that amount is required under this
Article.
Taxable sales shall mean gross sales less any exemptions and deductions specified in this
ArticleCode.
Taxable services shall mean services subject to tax pursuant to this ArticleCode.
Taxpayer shall mean any person obligated to collect and/or pay tax under the terms of this
ArticleCode.
Telecommunication service shall mean the service the object of which is the transmission of any
two-way interactive electronic or electromagnetic communications, including, but not limited to,
voice, image, data and any other information by the use of any means, including, but not limited
to, wire, cable, fiber optical cable, microwave, radio wave, Voice over Internet Protocol (VoIP)
or any combinations of such media, including any form of mobile two-way communication.
Telecommunication service includes but is not limited to basic local telephone service, toll
telephone service and teletypewriter service, including, but not limited to, residential and
business service, directory assistance, cellular mobile telephone or telecommunication service,
specialized mobile radio and two-way pagers and paging service, including any form of mobile
two-way communication. Telecommunication service does not include separately stated non-
transmission services which constitute computer processing applications used to act on the
information to be transmitted.
Television and entertainment services shall mean audio or visual content that can be transmitted
electronically by any means, for which a charge is imposed.
Total tax liability shall mean the total of all tax, penalties, or interest, collection costs and any
other amounts owed by a taxpayer under this Article and shall include, without limitation, sales
tax collected in excess of such tax computed on total sales.
Use shall mean the exercise for any length of time by any person within the City of any right,
power or dominion over tangible personal property or taxable services when rented, under a
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leased or when purchased at retail from sources, either within or without the City, from any
person or vendor vendor or any other person or used in the performance of a contract in the City
whether such tangible personal property is owned or not owned by the taxpayer. Use also
includes the withdrawal of items from inventory for consumption.
Use tax shall mean the tax paid or required to be paid by a consumer for using, storing,
distributing or otherwise consuming tangible personal property or taxable services inside the City
under this Article.
. . .
Wholesale sales shall mean sales to licenses retailers, jobbers, dealers or wholesalers for resale.
Sales by wholesalers to consmers are not wholesale sales. Sales by wholesalers to nonlicensed
retailers are not wholesale sales a sale by any person to a licensed retailer, jobber, dealer or
wholesaler for resale and does not include a sale by a person to a user or consumer not for resale;
this latter type of sales shall be deemed to be a retail sale and shall be subject to the provisions
under this Article.
Wholesaler shall mean any person selling to retailers, jobbers, dealers or other wholesalers, for
resale, and not for storage, use, consumption or distribution who engages in wholesale sales.
Sec. 25-72. - Legislative intent.
. . .
(b) The sales tax is a transaction tax levied upon all sales and purchases of tangible personal
property and taxable services sold or purchased by persons in the City and is collected by
the retailer and remitted to the City. The use tax is levied upon the privilege of persons in the
City to store, use, distribute or consume tangible personal property located in the City and
taxable services purchased or sold at retail and furnished within the City, whether purchased
or sold inside or outside the City, and not subject to the sales tax imposed by this Article.
The use tax is remitted to the City by the persons storing, using, distributing or consuming
the tangible personal property or taxable services. The use tax is a complement to the sales
tax, and its purposes are to equalize competition between in-City and out-of-City retailers of
tangible personal property and taxable services and to eliminate incentives for City residents
to leave the City to purchase tangible personal property and taxable services.
Sec. 25-73. - Imposition of the sales tax and exemptions.
. . .
(b) Taxable transactions and items. The sales tax shall apply, without limitation, as follows:
. . .
(4) Upon telecommunication services, including carrier access services, whether furnished
by public or private corporations or enterprises, for all intrastate telecommunication
services originating from or received on telecommunication equipment in the City if the
charge for the service is billed to a person in the City or billed to an affiliate or division
of such person in the City on behalf of a person in the City;
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(5) Upon carrier access services, whether furnished by public or private corporations or
enterprises, for all interstate telecommunication services originating from or received on
telecommunication equipment in the City if the charge for the service is billed to a
person in the City or billed to an affiliate or division of such person in the City on
behalf of a person in the City;
. . .
(8) Upon the amount paid for all prepared food or food for immediate consumption,
including cover charges, as defined in this Article;
. . .
(10) Upon television and entertainment servicespay, cable or subscription television and
sound system services, as defined in this Article; and
(11) Upon all sales of preprinted newspaper supplements, as defined in this Article.; and
(12) Upon the purchase price paid for food, but only at the tax rate of two and twenty-five
hundredths (2.25) percent of the purchase price.
(c) Transactions and items exempt from the sales tax. The following shall be exempt from the
sales tax:
. . .
(2) All sales of tangible personal property if all of the following conditions exist:
. . .
b. The articles purchased are to be delivered to the purchaser outside the City by
common carrier or by the conveyance of the retailer or by mail; and
c. The articles purchased and delivered are used outside the City.
. . .
(5) All sales to the United States or the State, or departments, institutions or political
subdivisions thereof, and all sales to the City and any department thereof when made in
the exercise of their governmental functions, provided that such purchases are supported
by official government purchase orders or charged to the governmental entity's credit
card account and are paid for by draft or warrant drawn on the governmental entity's
bank account or such purchases are made pursuant to a written agreement with the
governmental entity in which the purchaser is to make such purchases on behalf of the
governmental entity;
(6) All sales to charitable organizations of tangible personal property or taxable services to
be used in the conduct of the organization's regular activities to foster its religious or
other expressed charitable purpose, provided that the organization obtains from the City
an exempt organization license pursuant to § 25-94 and presents the license to the
vendor at the time of the sale;
(7) All sales which the City is prohibited from taxing under the Constitution or laws of the
United States or the Colorado ConstitutionState;
. . .
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(9) All sales of drugs dispensed in accordance with a prescription, all sales of prescription
drugs for animals (except prescription pet food), all sales of prosthetic devices and all
sales of medical supplies, as defined in this Article;
. . .
(11) All charges for lodging services pursuant to a written lease for a period of at least thirty
(30) consecutive days or more;
. . .
(13) All sales of tangible personal property through a coin-operated devicevending
machines; provided, however, that the owner of such vending devicemachines shall pay
a tax in the amount stated in § 25-75 on the value of the tangible personal property sold
in excess of ten cents ($0.10) per item so vended in the coin-operated devicemachines
unless the sale shall be otherwise exempt as provided in this Article;
(14) All sales of farm machinery for use in farming operationson property outside the City
and all sales of farm machinery parts for use in farming operationson property outside
the City; provided, however, that this exemption for farm machinery parts shall not
apply in the case of repairs performed or parts installed on farm machinery equipment
in the City. Trucks having a manufacturer's rated capacity of one (1) ton or less shall not
be considered farm machinery for the purposes of this Section. Nothing herein
contained shall be construed to limit any other exemption contained in this Article;
(15) All sales of feed and feed supplements and drugs for livestock or poultry and all sales
and purchases of seeds, plants and fertilizers when such sales are made for commercial
farming operations or ranching purposes;
(16) All sales of construction materials, as defined in this Article, if such materials are
picked up by the purchaser and if the purchaser of such materials presents to the vendor
a building permit or other documentation acceptable to the City evidencing that a local
sales or use tax has been paid or is required to be paid;
(17) All sales of tangible personal property or taxable services which transaction was
previously subjected to a sales or use tax lawfully imposed on the purchaser or user by
another statutory or home rule municipality in the State at a rate equal to or greater than
the rate stated in § 25-75 and such tax was collected. If the rate of the sales tax paid to
such municipalityies is less than the rate stated in § 25-75, the difference between the
tax due under this Article and the tax paid previously shall be remitted to the Financial
Officer;
(18) All occasional sales by charitable organizations and schools made for fund-raising
purposes. For purposes of this Subsection, occasional sales is defined as either of the
following:
a. Sales which occur for no more than thirty (30) days in one (1) calendar year. A sale
is deemed to occur when consideration is received by the organization for the item
sold; or
b. Sales which gross less than fifty thousand dollars ($50,000.) in one (1) calendar
year.
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(19) All sales of exempt commercial packaging materials, and commercial shipping
materials, as defined in this Article;
(20) All sales of newsprint and printers' ink used to print newspapers and all sales and
purchases of newspapers, as defined in this Article.;
(21) All sales of tangible personal property purchased in order to be sold at retail in the City
either in its original form or as an ingredient of a manufactured or compounded product,
in the regular course of business;
(22) All sales of tangible personal property to a person engaged in the business of
manufacturing or compounding for sale, profit or use of any product, which tangible
personal property becomes an ingredient or component part of the product which is
manufactured or compounded;
(23) All sales of fuel for use in a continuing activity of producing tangible personal property
or taxable services, including, but not limited to, processing, manufacturing, mining,
refining, irrigation, telecommunication services and street and railroad transportation
services; and
(24) All sales of automotive vehicles and parts and accessories therefor when used or
engaged in interstate commerce.
(d) The sale of food, as defined in this Article, is exempt from taxation under this Article in the
manner as provided below:
(1) Except as provided in Paragraphs (2) and (3) below, the sale of food, as defined in this
Article, is exempt from taxation in any amount in excess of two and twenty-five one-
hundredths (2.25) percent of the amount of the purchase price of such food.
(21) No sales or use tax shall apply to the sale of food purchased with food stamps issued
under the supplemental nutrition assistance program as defined in 7 U.S.C. § 2012(t), as
amended; and For the purposes of this Paragraph (2), food shall have the same meaning
as provided in 7 U.S.C. § 2012(g) and as amended.
(32) No sales or use tax shall apply to the sale of food purchased with funds provided by the
special supplemental food program for women, infants and children under, 42 U.S.C. §
1786, as amended. For the purposes of this subpParagraph (23), food shall have the
same meaning as provided in 42 U.S.C. § 1786, and as amended.
Sec. 25-74. - Imposition of the use tax and exemptions.
(a) There is hereby levied and there shall be paid a use tax on the full purchase price paid for or
acquisition costs of tangible personal property and taxable services brought into the City for
the purpose of using, storing, distributing or consuming such property and services within
the City. The use tax is levied upon the privilege of using, storing, distributing, or
consuming or using in the City, personally or in connection with the operation of a business,
tangible personal property or taxable services and is paid by either the retailer or the
consumer.
(b) Transactions and items exempt from the use tax. The use, storage, distribution or
consumption in the City of the following is are hereby exempted from the use tax:
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. . .
(5) Tangible personal property used, stored, distributed or consumed by the United States
or the State or departments, institutions or political subdivisions thereof and the City
and any department thereof, in their governmental capacities only;
. . .
(8) Fuel, as defined in this Article, for use in a continuing activity of producing tangible
personal property or taxable services, including, but not limited to, processing,
manufacturing, mining, refining, irrigation, telecommunication services and street and
railroad transportation services;
. . .
(12) Tangible personal property or services which the City is prohibited from taxing under
the Constitution or laws of the United States or the Colorado ConstitutionState;
(13) Drugs dispensed in accordance with a prescription, prescription drugs for animals
(excluding prescription pet food), prosthetic devices, and medical supplies, as defined in
this Article;
(14) The storage of construction materials and construction materials picked up by the
purchaser if the purchaser of such materials presents to the vendor a building permit or
other documentation acceptable to the City evidencing that a local sales or use tax has
been paid or is required to be paid;.
(15) Automotive vehicles properly titled and registered to an address outside the City;
(16) Goods manufactured in the City and sold by the manufacturer thereof directly to the
ultimate consumer when delivery of such goods is made by common, contract or
commercial carrier or by conveyance of the vendor or the purchaser to a point outside
the City for use outside the City;
(17) Cigarettes;
(18) Farm machinery and farm machinery parts for use in farming operations; provided,
however, that this exemption for farm machinery parts shall not apply to parts installed
on farm machinery in the City. Trucks having a manufacturer's rated capacity of one (1)
ton or less shall not be considered farm machinery for the purposes of this Section;
(19) Feed and feed supplements and drugs for livestock or poultry and seeds, plants and
fertilizers when used for farm operations;
(20) Commercial packaging materials and commercial shipping materials;
(21) Newsprint and printers' ink used to print newspapers and newspapers; and
(22) All other tangible personal property and taxable services that are exempt, as provided in
Sections 25-73(c) and 25-73(d), from the sales tax imposed in this Article.
Sec. 25-75. - Rate of tax.
(a) The amount of tax hereby levied is three and eight-five hundredths (3.85) percent of the
purchase price of tangible personal property or taxable services except that the amount of
use tax levied on manufacturing equipment is three (3) percent of the purchase price.
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Twenty-five one-hundredths (0.25) percent of such amount is a tax which shall expire at
midnight on December 31, 2030, the proceeds of which shall be used for the purposes of
acquiring, operating and maintaining open spaces, community separators, natural areas,
wildlife habitat, riparian areas, wetlands and valued agricultural lands, and to provide for the
appropriate use and enjoyment of these areas by the citizenry, pursuant to the provisions of
the Citizen-Initiated Ordinance No. 1, 2002. Another twenty-five one-hundredths (0.25)
percent is a tax which shall expire at midnight on December 31, 2025, the proceeds of which
shall be used for the purpose of paying the costs of planning, design, right-of-way
acquisition, incidental upgrades and other costs associated with the repair and renovation of
City streets, including, but not limited to, curbs, gutters, bridges, sidewalks, parkways,
shoulders and medians. Another twenty-five one-hundredths (0.25) percent is a tax which
shall expire at midnight on December 31, 2025, the proceeds of which shall be used for the
purpose of paying the costs of planning, design, real property acquisition, and construction,
the capital projects specified in the “Community Capital Improvement Program" and five (5)
years of operation and maintenance for those capital projects specified in Ordinance No.
013, 2015, all of which shall be subject to the terms and conditions of Ordinance No. 013,
2015. Another eighty-five one-hundredths (0.85) percent is a tax which shall expire at
midnight on December 31, 2020, the proceeds of which shall be used in accordance with the
terms and conditions of Ordinance No. 126, 2010.
. . .
Section 3. That Article III Division 2 of Chapter 25 of the Code of the City of Fort
Collins is hereby amended to read as follows:
Division 2
Licensing
Sec. 25-91. - Sales/use tax license required
(a) No person shall engage in the business of selling at retail tangible personal property and
taxable services subject to the tax imposed by this Article without first having obtained a
license therefor, which license shall be granted and issued by the Financial Officer and shall
be in full force and effect until revoked.
(b) No person shall use, store, distribute or consume any tangible personal property or taxable
services subject to the tax imposed by this Article without first having obtained a license
therefor, which license shall be granted and issued by the Financial Officer and shall be in
full force and effect until revoked.
. . .
Sec. 25-92. – Separate license required for each place of business.
(unchanged)
Sec. 25-93. – Form of license; not transferable.
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(unchanged)
Sec. 25-94. – Exempt organization license; application procedure.
(unchanged)
Sec. 25-95. – Revocation of license.
(unchanged)
Sec. 25-96. – Appeal of revocation.
(unchanged)
Section 4. That Article III Division 3 of Chapter 25 of the Code of the City of Fort
Collins is hereby amended to read as follows:
Division 3
Taxpayer Responsibilities
Sec. 25-116. – Collection of Tax.
(unchanged)
Sec. 25-117. – Tax money in possession of retailer held in trust.
(unchanged)
Sec. 25-118. - Tax on credit or secured sales; bad debts.
(a) Whenever tangible personal property is sold under a conditional sales contract or lease-
purchase agreement whereby the retailer retains title as security for all or part of the
purchase price or whenever the retailer takes a purchase money security interest on such
tangible personal property to secure all or part of the purchase price, the tax shall be
imposed on each individual payment made by the purchaser on the purchase price owed
under the terms of the conditional sales contract or lease-purchase agreement total tax based
on the total purchase price shall become immediately due and payable. This tax shall be
charged and collected by the retailer. No refund or credit shall be allowed to either party to
the transaction in case of repossession.
. . .
Sec. 25-119. - Tax on construction materials and supplies.
. . .
(b) The owner and/or contractor shall keep and preserve all invoices, receipts and statements
showing such purchases of construction materials and supplies and tangible personal
property for a period of three (3) years after completion of construction. The City may,
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within that three-year period, conduct an audit of such records of the owner and/or
contractor and any other relevant information to verify the actual cost of the construction
materials and supplies and tangible personal property used therein to determine the actual
tax due. If the actual tax due is more than that paid by the taxpayer, the Financial Officer
shall serve a notice of determination, assessment and demand for payment on the taxpayer
notifying him or her of the deficiency including penalty and interest. Service of such notice
and payment of the assessed amount shall be made in accordance with § 25-186.
Sec. 25-120. - Proration of use tax on certain construction equipment.
. . .
(c) In order to avail himself or herself of the provisions of (b) above, the taxpayer shall
substantially comply with the following procedures:
. . .
(2) The taxpayer shall file with the City an amended equipment declaration reflecting any
changes in the information contained in any previous equipment declaration no less than
once every ninety (90) days after the equipment is brought into the City or, for
equipment which is brought into the City for a project of less than ninety (90) days'
duration, no later than ten (10) days after substantial completion of the project; and
. . .
(d) If the equipment declaration is given as provided in Subsection (c) above, then as to any
item of construction equipment for which the purchase price was under two thousand five
hundred dollars ($2,500.) whichthat was brought into the City temporarily for use on a
construction project, it shall be presumed that the item was purchased in a jurisdiction
having a local sales or use tax as high as the rate stated in § 25-75 and that such local sales
or use tax was previously paid. In such case, the burden of proof in any proceeding before
the City, the Financial Officer or the District a cCourt shall be on the City to prove such
local sales or use tax was not paid.
Sec. 25-121. - Location guide available.
(unchanged)
Sec. 25-122. - Tax on automotive vehicles purchased outside City.
(unchanged)
Sec. 25-123. - Remittance of sales tax collected by retailer.
(unchanged)
Sec. 25-124. - Remittance of use tax.
(unchanged)
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Sec. 25-125. - Remittance of use tax by property owners and lessees.
(unchanged)
Sec. 25-126. - Remittance of tax on other than a monthly basis.
. . .
(b) The Financial Officer may require a bond or other financial guarantee to secure payment of
the tax on such less frequent basis and may revoke permission to pay the tax on such basis if
payment of the tax due becomes delinquent.
(c) Unless otherwise approved by the Financial Officer, taxpayers must file returns and pay
taxes as follows:
(1) A taxpayer whose monthly tax due is less than twenty-five dollars ($25.) may file
returns and pay tax, annually, quarterly or monthly.;
(2) A taxpayer whose monthly tax due is less than fiftythree hundred dollars ($50300.) may
file returns and pay tax, quarterly or monthly.;
(3) A taxpayer whose monthly tax due is fiftythree hundred dollars ($50300.) or more shall
file and pay tax monthly.;
(4) The reporting period for a final return shall end on the date of the transfer of ownership
of a business.;
(5) The reporting period for an initial use tax return shall be the calendar month of the date
of sale of the business if the business was purchased or opening day of business if the
business is new.; and
. . .
Sec. 25-127. - Form of tax returns; signatures required.
(unchanged)
Sec. 25-128. - Consolidation of returns.
(unchanged)
Sec. 25-129. - Deferred use tax payments for large base industry.
(unchanged)
Sec. 25-130. - Deferred sales and use tax payments for affordable housing projects.
All sales and use taxes for materials purchased and used in the construction of an affordable
housing projectunit as thisat term is defined in Code § 26-631 shall, upon the request of the
applicant, be deferred until the date of issuance of the certificate of occupancy (whether
temporary or permanent) for such affordable housing projectunit, or portion thereof, or until the
first day of December of the year in which the deferral was obtained, whichever first occurs. At
the time of application for any such deferral, the applicant shall pay to the City a fee in the
amount of fifty dollars ($50.) to partially defray the cost of administration. No person shall
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knowingly make any false or misleading statement of fact in order to obtain any deferral of taxes
under this Section.
Section 5. That Article III Division 4 of Chapter 25 of the Code of the City of Fort
Collins is hereby amended to read as follows:
Division 4
Refunds
Sec. 25-146. - Tax disputes.
(unchanged)
Sec. 25-147. - Procedure for refund of disputed tax.
A refund shall be made or credit allowed for the tax paid under dispute by any person who
claims that the transaction or item was not taxable or claims an exemption as provided in this
Article. Such refund shall be made by the Financial Officer after compliance with the following:
(1) Application. An application for a refund of sales or use tax paid under dispute or paid in
error by a purchaser or user who claims an exemption under Subsection 25-73(c) or
Subsection 25-74(b) shall be made within sixty (60) daysthree (3) years after the date
of purchase, storage, use or consumption of the goods or services whereon an
exemption is claimed. Such applications must be accompanied by the original paid
invoice or sales receipt and must be made upon such forms as shall be prescribed and
furnished by the Financial Officer;
(2) Burden of proof. The burden of proving that any transaction or item is not taxable or is
exempt from the tax shall be upon the person asserting such claim under such
reasonable requirements of proof as the Financial Officer may prescribe;
(3) Decisions. Upon receipt of an application, the Financial Officer shall promptly examine
the same with all due speed and shall give written notice to the applicant of his or her
decision thereon;
. . .
Sec. 25-148. - Right of refund not assignable.
(unchanged)
Sec. 25-149. - Action for recovery of refund.
(unchanged)
Section 6. That Article III Division 5 of Chapter 25 of the Code of the City of Fort
Collins is hereby amended to read as follows:
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Division 5
Administration
Sec. 25-166. - Preservation of returns and other records; confidentiality.
. . .
(e) Notwithstanding the provisions of this Section, the Financial Officer may furnish to the
taxing officials of the State or its political subdivisions, any other state or its political
subdivisions or the United States any information contained in any application, report, return
or any other document if the recipient jurisdiction agrees with the Financial Officer to grant
similar privileges to the City and if such information is to be used by the jurisdiction only
for tax-related purposes, except as provided in § 25-173(e).
Sec. 25-167. - Records and accounts to be kept.
It is the duty of every person engaged in business in the City for the transaction of which a
license is required by this Article to keep and preserve suitable records of all sales, purchases and
leases made by such person, and such other books or accounts as may be necessary to determine
the amount of tax for the collection or payment of which such person is liable hereunder. It is the
duty of every such person to keep and preserve all such books, invoices and other records for a
period of three (3) years after the later of: (a) the date that the return for the tax owed under this
Article is filed; or (b) the last date on which such return was required to be filed under this
Article. and such items These records shall be open for examination in the City at any time by
the Financial Officer.
Sec. 25-168. - Examination of returns; recomputation, credits, deficiencies.
As soon as practicable after a return is filed, the Financial Officer shall examine it. If it appears
that the correct amount of tax to be remitted may be greater or less than that shown in the return,
the tax shall be recomputed by the Financial Officer. If the amount paid exceeds that which is
due, the excess shall be refunded or credited against any subsequent remittance from the
taxpayer. If the amount paid is less than the amount due and any part of the deficiency is due to
negligence or intentional disregard of the provisions of this Article or of authorized rules and
regulations of the City with knowledge thereof but without intent to defraud, the amount of the
deficiency together with a penalty of ten (10) percent of the amount of the deficiency plus
interest on both the deficiency and the penalty at the rate imposed under § 25-188 from the date
the return and the tax was due shall be due and payable by the taxpayer within twenty-one (210)
days after written notice of determination, assessment and demand for payment is mailed to the
taxpayer by the Financial Officer as provided in § 25-186(b). If any part of the deficiency is due
to fraud with the intent to evade the tax, then there shall be added a penalty of one hundred (100)
percent of the deficiency and in such case, the amount of the deficiency, the penalty and interest
calculated as stated above shall be due and payable by the taxpayer within twenty-one (210) days
after written notice of determination, assessment and demand for payment is mailed to the
taxpayer by the Financial Officer and an additional amount of three (3) percent per month on
such amount shall be added from the date the return and tax was due until paid. The taxpayer
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may protest the notice of determination, assessment and demand for payment issued under this
section as provided in § 25-186.
Sec. 25-169. - Investigation of records relating to taxes.
For the purpose of ascertaining the correctness of a return, or for the purpose of determining the
amount of tax due from any person, whether licensed under this Article or not, the Financial
Officer may hold investigations, including audits, and hearings concerning any matters covered
by this Article, and may examine any relevant books, papers, records or memoranda of any such
person and may require by subpoena the attendance of such person, or any officer or employee
of such person, or of any person having knowledge of transactions involved, and may take
testimony and proof of the information. The Financial Officer shall have the power to administer
oaths to such persons.
Sec. 25-170. - Subpoenas and witness fees.
(unchanged)
Sec. 25-171. - Attendance of witnesses and production of evidence to be compelled by
District Judge.
(unchanged)
Sec. 25-172. - Depositions.
(unchanged)
Sec. 25-173. - Coordinated audit.
. . .
(g) The coordinated audit procedure set forth in this Section shall not apply:
. . .
(3) When a taxpayer refuses to promptly sign a waiver of thirty-six (36) months; or
. . .
Section 7. That Article III Division 6 of Chapter 25 of the Code of the City of Fort
Collins is hereby amended to read as follows:
Division 6
Enforcement
Sec. 25-186. - Failure to make return; estimate of taxes; notices; appeal; audit.
(a) If any person fails, neglects or refuses to collect tax or to file a return and pay the tax as
required by this Article, the Financial Officer shall make an estimate of the tax due based on
available information and shall add thereto a penalty equal to the sum of fifteen dollars
($15.) or ten (10) percent thereof, whichever is greater, and interest on such delinquent taxes
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at the rate imposed by § 25-188 plus one-half (0.5) percent per month from the date ofthe
return and tax was due, not exceeding eighteen (18) percent in the aggregate.
(b) The Financial Officer shall serve upon the delinquent taxpayer personally or by first-class
mail or certified mail directed to the last address of the taxpayer on file with the City written
notice of such estimated taxes, penalty and interest. Such notice shall constitute a notice of
determination, assessment and demand for payment and, which payment shall be due and
payable within twenty-one (210) days from the date the notice is mailed.
(c) The Financial Officer may at any time within three (3) years of the date a tax is due, serve
upon any taxpayer personally or by first-class mail or certified mail directed to the last
address of the taxpayer on file with the City, a written notice of audit notifying the taxpayer
that the Financial Officer will be conducting an audit of the taxpayer’s books and records to
determine the exact amount of any tax, penalty, interest, collection costs and other charges
due. Within thirty (30) days of that notice or within such longer time period as permitted by
the Financial Officer, the taxpayer shall make available to Financial Officer all of the
taxpayer’s relevant books and records requested by the Financial Officer for the audit. If as
a result of the audit the Financial Officer determines the taxpayer owes the City any
additional tax, penalties, interest, collection costs or other charges under this Article, the
Financial Officer shall serve upon the taxpayer a notice of determination, assessment and
demand for payment for such tax deficiency as provided in paragraph (b) above and
payment shall be due and payable twenty-one (21) days from the date such notice is mailed.
(cd) A taxpayer may protest of a notice of determination, assessment and demand for payment
issued to a retailer or taxpayer for failure to file a return, underpayment of tax deficiency
owed or as a result of an audit by shall be submittinged the protest in writing to the Financial
Officer within twenty-one (210) days from the date the notice of determination, assessment
and demand for payment is mailed to the taxpayer. Any such written protest shall identify
the amount of tax disputed, and the basis for the protest and be given under oath by the
taxpayer or the taxpayer’s authorized representative. Such protest may include a request for
a hearing. It shall also include a physical, post office box or email address to which the
taxpayer wishes the Financial Officer’s written order issued in paragraph (e) below to be
sent when issued.
(d) Such petition shall be in writing and shall be given under oath of the taxpayer. Such petition
may include a request for a hearing.
(e) The Financial Officer may conduct an audit of the books and records of the taxpayer to
determine the exact amount of tax due and charge the taxpayer for any amount found to be
due.
(ef) In response to the written protestpetition, if a hearing was requested, the Financial Officer
shall notify the taxpayer petitioner in writing of the time and place of the hearing. After such
hearing, or after a consideration of the facts and figures contained in the protest petition if no
hearing is requested, the Financial Officer shall make such written order in the matter as he
or she deems just and proper and shall furnish a copy of such that order to the
taxpayerpetitioner by first class or certified mail or by email as directed in the protest filed
by the taxpayer.
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(g) The Financial Officer may, at any time within three (3) years of the date the tax was due,
conduct an audit of the books and records of the taxpayer to determine the exact amount of
tax due and charge the taxpayer for any amount found to be due in excess of the amount
previously paid, whether such amount was paid pursuant to a return filed by the taxpayer or
a notice of determination, assessment and demand for payment.
Sec. 25-187. - Assessment and rRecurring assessment charge and collection costspenalty.
If any taxpayer has failed, neglected or refused to pay the tax imposed by this Article within the
time specified for payment, the Financial Officer may assess a twenty five dollar ($25.) charge
upon the issuance of each notice of determination, assessment and demand for paymentthe
following penalties, in addition to the taxes, penalties and interest provided for elsewhere in this
Article,. This charge is the additional amount being imposed to compensate the City for its
administrative and collection costs to issue the notice incurred in collecting such delinquent
taxes.: In addition, the City may include in any assessment against the taxpayer the collection
costs the City incurs in collecting the taxes, penalties, interest and other charges owed under this
Article, including, without limitation, the City’s attorney fees.
(1) Upon the first or second issuance of a notice of determination, assessment and demand
for payment within twelve (12) months, fifteen dollars ($15.) per notice;
(2) Upon the third, fourth or fifth issuance of a notice of determination, assessment and
demand for payment within twelve (12) months, twenty-five dollars ($25.) or fifteen
(15) percent of the delinquent taxes, penalties and interest, whichever is greater, per
notice;
(3) Upon the sixth or more issuance of a notice of determination, assessment and demand
for payment within twelve (12) months, fifty dollars ($50.) or thirty (30) percent of the
delinquent taxes, penalties and interest, whichever is greater, per notice.
Sec. 25-188. - Rate of interest; method of calculation.
When interest is required or permitted to be charged under any provision of this Article, thethat
annual rate of interest shall be calculated as follows:
(1) Interest at a rate of one (1) percent per month shall be calculated for each month or
portion of a month from the due date that a tax deficiency remains unpaid,; or
. . .
Sec. 25-189. - Tax constitutes lien.
(a) The sales and use tax imposed by this Article, together with all penalties, and interest,
charges collection costs and other charges pertaining thereto, is a first and prior lien upon
the goods, stock-in-trade and business fixtures in which the retailer has an ownership
interest except for goods that have been purchased in the ordinary course of business by
retail purchasers and such lien takes priority over other liens or claims of whatsoever kind or
nature on such property.
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(b) The sales and use tax imposed by this Article, together with all penalties, and interest,
charges and costs of collection pertaining thereto, is a first and prior lien on the real and
personal property of the taxpayer other than the goods, stock-in-trade and business fixtures
in which the taxpayer has an ownership interest, except as to preexisting liens or claims of a
bona fide mortgagee, pledgee, judgment creditor or purchaser whose rights have attached
prior to the filing of the notice of lien provided for in paragraph (d) below, on the property
of the taxpayer.
(c) Whenever the business or property of any taxpayer is placed in receivership, bankruptcy,
seized under distraint for nonpayment of property taxes or an assignment is made for the
benefit of creditors, all taxes, penalties, and interest, collection costs and other charges
imposed by this Article and for which the taxpayer is in any way liable under this Article are
a prior and preferred claim against all the property of the taxpayer, except as to preexisting
claims or liens of a bona fide mortgagee, pledgee, judgment creditor or purchaser whose
rights have attached prior to the filing of the notice of lien provided for in (d) below, on the
property of the taxpayer, other than the goods, stock-in-trade and business fixtures of such
taxpayer. No sheriff, receiver, assignee or other officer shall sell the property of any
taxpayer subject to the provisions of this Article under process or order of any court without
first ascertaining from the Financial Officer the amount of any taxes, penalties or interesttax
deficiency due and payable under this Article. If there areis any such taxesdeficiency,
penalties or interest due, owing or unpaid, it is the duty of such officer to first pay thethat
amount of the taxes, penalties or interest out of the proceeds of such sale before paying any
monies to judgment creditors or other claimants, except that the officer may pay costs of the
proceedings and other preexisting liens or claims as provided in this Subsection.
(d) If any tax, penalty or interest imposed by this Article and showndeficiency due by returns
filed by the taxpayer or by assessments made by the City as provided in this Article is not
paid within five (5) days after it is due, the Financial Officer may issue a notice, setting forth
the name of the taxpayer, the amount of the tax, penalties, and interest, collection costs and
other charges, the date of its accrual, and the fact that the City claims a first and prior lien
therefor on the real and personal property of the taxpayer, except as to preexisting liens or
claims of a bona fide mortgagee, pledgee, judgment creditor or purchaser whose rights have
attached prior to the filing of the notice on the property of the taxpayer, other than the goods,
stock-in-trade and business fixtures in which the taxpayer has an ownership interest. A
similar notice may also be issued by the Financial Officer for the lien on goods, stock-in-
trade and business fixtures authorized in paragraph (a) above. The notice of lien shall be
made on forms prescribed by the Financial Officer and verified by the Financial Officer and
may be filed in the office of the Cclerk and Rrecorder of any county in the state in which the
taxpayer owns real or personal property or with any person in possession of any personal
property or rights to property belonging to the taxpayer.
(e) The Financial Officer shall release any lien as shown on the records of the Ccounty Cclerk
and Rrecorder as herein provided, upon payment of all taxes, penalties, and interest,
collection costs and other charges covered thereby, in the same manner as mortgages and
judgments are released.
(f) In addition to any other remedies authorized under this Article and the law, the liens
authorized by this Section may be foreclosed and executed upon by the City in the district
court of the county in which the encumbered property is located in the same manner as
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security agreements, mortgages and judgment liens are so foreclosed and executed upon
under state law.
Sec. 25-190. - Lien on construction improvements.
(a) The full amount of unpaid taxes arising from and required to be reported pursuant to the
provisions of §§ 25-119 and 25-125, together with interest, and penalties, collection costs
and other charges as herein provided, are a first and prior lien on the property of the
taxpayer and take priority over all other liens of whatsoever kind and nature, except for liens
for general taxes created by state law and preexisting liens or claims of a bona fide
mortgagee, pledgee, judgment creditor or purchaser whose rights have attached prior to the
filing of the notice of lien provided for in § 25-189. This lien may be foreclosed and
executed upon in accordance with the provisions of § 25-189.
. . .
Sec. 25-191. - Sale of business subject to lien.
(a) Any person who sells a business or stock of goods or closes a business shall complete and
file the returns required under this Article and pay the taxes, penalties and interestany tax
deficiency due within twenty-one (210) days of the date on which such person sold the
business or stock of goods or closed the business and indicate that it is a final return, that the
business is sold or closed, and the name and address of the purchaser of the business, if any.
(b) A purchaser of a business who has acquired the furniture, fixtures and/or equipment of the
business shall withhold sufficient funds from the purchase money to cover the amount of the
taxesdeficiency, penalties and interest imposed by this Article due and unpaid until the seller
provides a receipt from the Financial Officer showing that such taxes deficiency, penalties
and interest havehas been paid. If a taxes deficiency, penalties and interest imposed by this
Article areis due and unpaid after the twenty-one (21) day period herein provided, such
purchaser of the business is personally liable for the payment of that tax deficiency the
taxes, penalties and interest imposed by this Article due and unpaid to the City to the same
extent as the seller of the business or stock of goods.
Sec. 25-192. - Certificate of discharge of lien.
(a) If any real or personal property is subject to a lien for payment of a tax deficiency due to the
City under this Article, the Financial Officer may issue a certificate of discharge of any part
of the property subject to the lien if the Financial Officer finds that the fair market value of
that part of such property remaining subject to the lien is at least twice the amount of the
unsatisfied tax deficiency liability plus the value of any liens on the property that have
priority over the City's lien.
(b) If any real or personal property is subject to a lien for payment of a tax deficiency due to the
City under this Article, the Financial Officer may issue a certificate of discharge of any part
of the property subject to the lien if the Financial Officer is paid in partial satisfaction of the
tax deficiency liability in an amount determined by the Financial Officer to be not less than
the value of the City's interest in the part of the property so discharged. In determining the
value of the part of the property to be discharged, the Financial Officer shall consider the
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fair market value of the property and the value of any liens on the property that have priority
over the City's lien.
. . .
Sec. 25-193. - Jeopardy assessment.
(a) If the Financial Officer finds that collection of the tax will be jeopardized for any reason, the
Financial Officer may declare the taxable period immediately terminated, determine the tax
deficiency and issue a notice of determination, assessment and demand for payment.
Notwithstanding the provisions of § 25-186, the tax shall then be due and payable forthwith,
and the Financial Officer may proceed to collect the tax deficiency as provided in § 25-194,
or pursue such other remedies as authorized under this Article or by law.
. . .
Sec. 25-194. - Enforcing the collection of taxes due.
(a) The Financial Officer may issue a warrant directed to any employee, agent or representative
of the City or any sheriff of any county of the State, commanding such person to distrain,
seize and sell any personal property in which the taxpayer has an ownership interest, except
such property as is exempt from the execution and sale by any statute of the State, for the
payment of tax due together with interest, and penalties, collection costs and other charges
thereon and costs of execution in the following circumstances:
(1) When any assessed tax deficiency in tax is not paid within twenty-one (210) days from
the date of mailing of the notice of determination, assessment and demand for payment
and no hearing or extension has been requested in a timely manner;
(2) When any assessed tax deficiency in tax is not paid within thirty (30)twenty-one (21)
days from the date of the notice of determination, assessment and demand for payment
and no appeal from such notice has been docketed in the County District Court within
twenty-eight (28) days after such notice during such timein a court having jurisdiction,
except that if the Financial Officer finds that collection of the tax deficiency will be
jeopardized during such period, the Financial Officer may immediately issue a distraint
warrant;
(3) When any assessed tax deficiency in tax is not paid within the time prescribed in
judgment and order of court on any appeal to a court having jurisdictionthe County
District Court;
. . .
(5) After or concurrently with the filing of a notice of lien as provided in Subsection§ 25-
189(d).
(b) The Financial Officer may apply to the Judge of the City’s Municipal Court for a warrant
authorizing the Financial Officer to search for and seize property located within the City
limits for the purpose of enforcing the collection of any taxes deficiency owed under this
Article. The Municipal Judge shall issue such warrant after the Financial Officer
demonstrates that:
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. . .
(f) In all cases of sale, the agent or sheriff making the sale shall issue a certificate of sale to
each purchaser, and such certificate is prima facie evidence of the right of the agent or
sheriff to make such sale and conclusive evidence of the regularity of the proceedings in
making the sale; it transfers to the purchaser all right, title and interest of the delinquent
taxpayer in and to the property sold. Where such property consists of certificates of
securities or other evidence of indebtedness in the possession of the agent or sheriff, the
taxpayer shall endorse such certificates to the purchaser thereof and supply the purchaser
with proof of the taxpayer's authority to transfer the same or with any other requisite that
may be necessary to obtain registration of the transfer of the certificate. Any surplus
remaining above first the City's taxes, penalties, interest, collection costs, and expenses of
making the seizure and of advertising the sale and then the amounts distributed pro rata to
other jurisdictions under recorded sales and use or personal property ad valorem tax liens
shall be returned to the property owner or such person having a legal right to the property;
and, on demand, the Financial Officer shall render an accounting in writing of the sale.
(g) In the case where a taxpayer has refused or neglected to pay any tax deficiency due to the
City under this Article and a lien has been filed as provided in Subsection§ 25-189(d), the
Financial Officer may, in addition to pursuing other collection remedies, certify the amount
of the tax deficiency, penalties and interest due, together with ten (10) percent of the
delinquent amount for costs of county collection, to the County Treasurer to be levied
against the person's property for collection by the County in the same manner as delinquent
general taxes upon such property are collected. Before certifying such amounts to the
County for collection, the Financial Officer shall provide to the property owner an
opportunity for a hearing to contest the authority of the City to impose and collectincur the
tax deficiency, or the amount thereof. The Financial Officer shall mail the notice to the
property owner by first class mail addressed to the last known owner of the property on the
records of the County Assessor. If the Financial Officer's decision after a hearing affirms the
imposition of charges, the decision shall include notice that the charges are due and payable
within ten (10) fourteen (14) days of the date of the decision and that, if not paid when due,
they will be certified to the County Treasurer for collection, along with ten (10) percent of
the charges for the cost of county collection. Whenever the Financial Officer certifies any
such amounts to the County Treasurer for collection, the Financial Officer shall record
notice of such certification with the Ccounty Clerk and Recorder.
Sec. 25-195. - Recovery of unpaid tax by action at law.
(a) In addition to other remedies provided in this Article, the Financial Officer may treat any
such taxes, penalties, or interest, collection costs and other charges due and unpaid under
this Article as a debt due to the City from the taxpayer. If a taxpayer fails to pay the tax, or
any portion thereof, or any penalty, or interest, collection costs or other charges thereon,
when due, the Financial Officer may recover at law the amount of such taxes, penalties, and
interest, collection costs and other charges in any County or District Ccourt having
jurisdictionwherein the taxpayer resides or has a principal place of business that has
jurisdiction over the amounts sought to be collected. The return filed by the taxpayer or the
notice of determination, assessment and demand for payment issued by the Financial Officer
is prima facie proof of the amount due.
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. . .
(c) Such actions may be actions in attachment, and writs of attachment may be issued to the
sheriff. In any such proceedings, no bonds shall be required of the City nor shall any sheriff
require of the Financial Officer any indemnifying bond for executing the writ of attachment
or writ of execution upon any judgment entered in such proceedings. The City may also
prosecute appeals or writs of error in such cases without the necessity of providing bond
therefor.
(d) In any case in which a taxpayer has refused or neglected to pay any tax, penalty, or interest,
collection costs and other charges due to the City under this Article and a lien has been filed
upon any real or personal property as provided in this Article or by other law, City Attorney,
at the request of the Financial Officer may cause a civil action to be filed on behalf of the
City in any court having jurisdiction over the County District Court in which is situated any
such property subject to such lien to enforce the lien and to subject suchany real or personal
property, or any right, title or interest thereto, in such property to the payment of the amount
due. The court shall decree a sale of such real property and distribute the proceeds of such
sale, according to the court's findings concerning the interest of the parties and of the City.
The proceedings in such action, the manner of sale, the period for and manner of redemption
from such sale, and the execution of deed of conveyance shall be in accordance with the law
of foreclosures of mortgages upon real property. In any such action, the court may appoint a
receiver of the property involved in such action if equity so requires.
Sec. 25-196. - City may be party in title actions.
(unchanged)
Sec. 25-197. - Injunctive relief.
(unchanged)
Sec. 25-198. - Compromise and settlement by Financial Officer.
(a) The Financial Officer may for good cause compromise and settle any actually
assessed or potential claim to taxes, penalties, and interest, collection costs and other
charges due to the City under this Article. Such good cause may include, without limitation,
legal and factual considerations, considerations of fairness and justice, and the financial
inability of the taxpayer to pay a greater amount.
(b) The Financial Officer shall prepare and retain in the files of Financial Services for
each settlement a written opinion explaining the good cause for the settlement. The opinion
shall also include a statement of: (i) the amount of the tax, penalties, and interest, collection
costs and other charges that were assessed or that could potentially be assessed; and (ii) the
amount paid by the taxpayer in accordance with the terms of the settlement agreement. In a
circumstance where the amount of the tax, penalties, and interest, collection costs and other
charges that could potentially be assessed cannot be reasonably determined, the Financial
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Officer shall state in the written opinion the reason why these amounts cannot be reasonably
determined.
. . .
(d) Notwithstanding the foregoing, the Financial Officer may not compromise and settle
a claim that waives more than one hundred thousand dollars ($100,000.) of assessed tax,
penalties, and interest, collection costs and other charges or that waives an amount of tax,
penalties, and interest, collection costs and other charges that could potentially be assessed
but the amount of that assessment cannot be reasonably determined, unless the City Manager
approves the Financial Officer's written opinion.
. . .
Sec. 25-199. - Obligations of fiduciaries and others.
(a) For purposes of this Section, an entity shall mean any estate, trust, receivership, corporation,
partnership, joint venture, association, limited liability company or any other legal entity.
(ab) For the purpose of facilitating the settlement and distribution of estates, trusts, receiverships,
other fiduciary relationships and the assets of an entity assets of corporations in the process
of or having completed the process of closing, dissolution dissolving or otherwise
terminating of the entity that have been dissolved, the Financial Officer may determine and
agree with the any fiduciary, or surviving corporate shareholder, directors, officer, member
or other principal of the entity as to upon an amount of taxes due from the entitydecedent or
from the decedent's estate, the trust, receivership or other fiduciary relationship, or
corporation for any of the periods of tax liability under this Article. Payment in accordance
with such agreement fully satisfies the tax liability for the periods that the agreement covers,
unless the entity taxpayer or any of its fiduciaries or other said surviving principals hashave
committed fraud or malfeasance or misrepresented a material fact regarding the tax or
liability therefor.
(bc) Except as provided in (de) below, any personal representative of a decedent or the estate of a
decedent, any trustee, receiver or other person acting in a fiduciary, capacity, or any
shareholder, director, officer, member or other principal of an entity of a corporation in the
process of or having completed the process of closing, dissolving or otherwise terminating
the entitydissolution or that has been dissolved who distributes the money, property or other
assets of the entity estate or fund under such person's control without having first paid any
taxes covered by this Article due from such entity decedent, decedent's estate, trust estate,
receivership or corporation and that may be assessed within the periods authorized by this
Article, is personally liable to the extent of the money, property or other assets distributed by
such person for any unpaid taxes of the entity decedent, decedent's estate, trust estate,
receivership or corporation imposed by or due under this Article and assessed within the
periods authorized by this Article.
(cd) The distributee of a any money, property or other assets decedent's estate, a trust estate or
fund and the stockholder of from any closed, dissolved or otherwise terminated entity
corporation who receives any of the property of such decedent's estate, trust estate, fund or
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corporation is liable under this Article to the same extent that the entity decedent, trust
estate, fund or corporation is liable under this Article, but in an amount not to exceed the
value of the money, property or other assets so received by the distributee.
(d) If a tax under this Article is due from a decedent or the decedent's estate, personal liability of
the persons set forth in this Section remains in effect only if a determination of the tax due is
made and notice and demand therefor issues within eighteen (18) months after the decedent's
personal representative files with the Financial Officer a written request for such
determination, filed after he or she has filed the decedent's final return or the decedent's
estate's return to which the request applies. A request for determination under this
Subsection does not extend the otherwise applicable period of limitation.
(e) If a tax under this Article is due from an entity corporation that is in the process of or has
completed the process of closing, dissolving or otherwise terminating the entity, dissolution
or has been dissolved, the personal liability of the entity’s distributees, fiduciaries,
shareholders, directors, officers, members and other principals or stockholders as provided
in this Section remains in effect only if a determination of the tax due is made and notice
and demand issued within eighteen (18) months after the entitycorporation files with the
Financial Officer a written request for such determination and, filed after it the entity has
filed the entity’scorporation's return or returns as required in this Article, but only if the
request states that the closing, dissolution or other termination of the entity was begun in
good faith before the expiration of the eighteen-month period and the closing, dissolution or
other termination is completed. A request for determination under this Subsection does not
extend the otherwise applicable period of limitation.
Sec. 25-200. - Intercity claims for recovery.
(unchanged)
Section 8. That Article III Division 7 of Chapter 25 of the Code of the City of Fort
Collins is hereby amended to read as follows:
Division 7
Miscellaneous
Sec. 25-216. - Review of decisions of Financial Officer.
The taxpayer may apply for a review of the decision of the Financial Officer in a hearing held
pursuant to § 25-169. Such review shall be in the Larimer County Ddistrict Ccourt or the City’s
Municipal Court and the proceedings shall be conducted in accordance with Rule 106(a)(4) of
the Colorado Rules of Civil Procedure. The review must be sought no later than twenty-eight
thirty (2830) days after the date of the final decision of the Financial Officer.
Sec. 25-217. - Review bond required.
For transactions consummated on or after January 1, 1986, within fifteen (15) days after making
application to under §25-216 the District Court for the review of athe decision of the Financial
Officer under this Article, the party making such application shall file with the District Ccourt a
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surety bond in twice the amount of the taxes, penalties, interest, collection costs and other
charges stated in the final decision by the Financial Officer which are contested on appeal. The
taxpayer may, at his or her option, satisfy the surety bond requirement by a savings account or
deposit in or a certificate of deposit issued by a state or national bank or by a state or federal
savings and loan association, in accordance with the provisions of Section 11-35-101(1), C.R.S.,
equal to twice the amount of taxes, penalties, interest, collection costs and other charges stated in
the final decision by the Financial Officer. The taxpayer may, at his or her option, deposit the
disputed amount with the Financial Officer in lieu of posting a surety bond. If such amount is so
deposited, no further interest shall accrue on the contested amount during the pendency of the
action. At the conclusion of the action, after appeal or after the time for such appeal has expired,
the funds deposited shall be, at the direction of the court, either retained by the Financial Officer
and applied against the amount due or returned in whole or in part to the taxpayer with interest at
the rate imposed by § 25-188 from the date it was paid to the Financial Officer. No claim for
refund of amounts deposited with the Financial Officer need be made by the taxpayer in order for
such amounts to be repaid in accordance with the direction of the court.
Sec. 25-218. - Notices.
Except as otherwise expressly provided in this Article, Aall written notices required to be mailed,
served or given to any taxpayer under the provisions of this Article shall be hand delivered or
mailed by first class mail or certified mail, postage prepaid, addressed to such taxpayer at the last
known address of the taxpayer on file with the City and shall be deemed to have been received
by the taxpayer when so mailed or delivered.
Sec. 25-219. - License and tax in addition to all other licenses and taxes.
(unchanged)
Sec. 25-220. - Hearings to be held in City.
(unchanged)
Sec. 25-221. - Administration by Financial Officer; rules and regulations.
(unchanged)
Sec. 25-222. - Violations.
. . .
(f) Except as may be otherwise provided for by rule or regulation of the Executive Director of
the Colorado Department of Revenue for the State, it is unlawful for any person who is a
resident of the City to register any motor vehicle owned by such person or to obtain a license
or to procure a certificate of title at any address other than:
. . .
(2) For any motor vehicle for which the provisions of subparagraph (1) above do not apply,
the address of the owner's residence; except that, if a motor vehicle is permanently
operated and maintained at an address other than the address of the owner's residence,
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such motor vehicle shall be registered at the address from which such motor vehicle is
permanently operated and maintained.
For purposes of this paragraph (f)Subsection, a person's residence shall be his or her principal or
primary home or place of abode, to be determined in the same manner as residency for voter
registration purposes as provided in Sections 1-2-102 and 31-10-201, C.R.S., except that "voter
registration" shall be substituted for "motor vehicle registration" as a circumstance to be taken
into account in determining such principal or primary home or place of abode.
. . .
(h) It shall be unlawful for any person other than the City to become enriched or to gain any
benefit from the collection or payment of the taxes levied by this Article, unless otherwise
authorized by law.
(i) It shall be unlawful for any officer, agent or employee of the City to divulge or make known
in any way any information classified herein as confidential, except in accordance with a
court order or as otherwise provided by this Article or other applicable law.
. . .
(l) It shall be unlawful for any person to violate any other mandatory provisions of this
Article.
Sec. 25-223. - Penalties.
(a) The penalty for violating any mandatory provision of this Article shall be a fine or
imprisonment or both in the amounts stated in § 1-15.
(b) In addition to the penalties stated in (a) above, and in addition to the penalties and interest
which may be payable under the provisions of Subsection§ 25-186(a), any person who
registers a motor vehicle in violation of Subsection§ 25-222(f) shall be subject to a civil
penalty of five hundred dollars ($500.). Such violation shall be determined by the Financial
Officer and shall be assessed by and paid to the Financial Officer according to the provisions
of §§ 25-186 and 25-222 if such motor vehicle should properly have been registered at an
address within the City. and such civil penalty may be collected by the Financial Officer in
the same manner as other penalties are collected under this Article.
Sec. 25-224. - Purpose of tax; distribution of proceeds.
(unchanged)
Sec. 25-225. - Limitations on actions to collect.
(a) Except as otherwise provided in this Section the or as waived by the taxpayer, none of the
following actions shall be taken by the City to collect any amount of taxes due and owing
under this Article for any period, together with any applicable penalties, interest, collection
costs and other charges thereon and penalties with respect thereto, imposed by this Article,
shall not be assessed, nor shall any notice of lien be filed, distraint warrant be issued, bond
be collected upon, suit for collection be instituted, nor shall any other action to collect the
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same be commenced, more than three (3) years after the later date of (i) the date on which
the tax return for that tax was filed, regardless of whether such return was filed on or after
the date required by this Article, or (ii) the last date the return for that tax was required to be
filed under this Article:
(i) issuance of notice of audit;
(ii) issuance of notice of determination, assessment and demand for payment;
(iii) notice of lien filed;
(iv) issuance of jeopardy assessment;
(v) issuance of distraint warrant;
(vi) bond collected upon;
(vii) collection lawsuit commenced; or
(viii) any other formal legal action taken.
was or is payable. If the Financial Officer takes any of the foregoing actions to determine,
collect or enforce any tax deficiency under this Article before the expiration of said three (3)
year period, any such action shall stop the running of the period of limitation established in
this section with regard to any other determination, collection or enforcement action
authorized under this Article thereafter taken by the Financial Officer to recover that tax
deficiency. In additionHowever, no lien shall continue after suchthis limitation period,
except for taxes assessed before the expiration of suchthat period, when a regarding which a
notice of lien regarding such taxes was filed prior to the expiration of suchthat period,. in
which case In such event the lien shall continue in effect for only one (1) three (3) years
after the filingit is filed of notice thereof as provided in § 25-189.
(b) For transactions consummated on or after January 1, 1986, the use tax shall not be imposed
with respect to the use, storage or consumption of tangible personal property or taxable
services in the City which occurs more than three (3) years after the most recent sale of the
property or services if, within the three (3) years following such sale, the property or
services has been significantly used in the State for the principal purpose for which it was
purchased.
. . .
(d) The ability to complete an audit will not lapse, once the taxpayer has been notified of the
audit period, until thirty (30) days after the date of the notice of determination, assessment
and demand for payment issued as a result of such audit.
(de) Nothing in this Section shall be construed to limit any right accrued or to revive any liability
barred by any statute applicable law in effect on the effective date of the any ordinance from
which this Article was derived.
(e) Notwithstanding the foregoing provisions of this section, the taxpayer and the Financial
Officer may agree in writing to an extension of any period of limitation imposed in this
section, and the period agreed on may be extended by subsequent agreement in writing.
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Sec. 25-226. - Notice of sales and use tax ordinance amendment.
(unchanged)
Sec. 25-227. - Participation in meetings.
The Financial Officer or his or her designee shall cooperate with and participate on an as-needed
basis with a permanent statewide sales and use tax committee convened by the Colorado
Municipal League which is composed of state and municipal sales and use tax and business
officials. Said committee will meet for the purpose of discussing and seeking resolution to sales
and use tax problems which may arise.
Introduced, considered favorably on first reading, and ordered published this 18th day of
April, A.D. 2017, and to be presented for final passage on the 2nd day of May, A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 2nd day of May, A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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ORDINANCE NO. 062, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE IV OF CHAPTER 25 OF THE CODE OF THE
CITY OF FORT COLLINS CONCERNING THE CITY’S LODGING TAX
WHEREAS, the City of Fort Collins, as a home rule municipality, is granted in
Article XX, § 6.g. of the Colorado Constitution all powers necessary to levy and collect taxes for
municipal purposes, subject to any limitations in the Colorado Constitution; and
WHEREAS, on February 21, 1984, the City Council, in the exercise of its home rule
taxing powers, adopted Ordinance No. 20, 1984, adding a new chapter to the City Code to levy,
collect and enforce a three percent (3%) tax on the price of lodging accommodations provided in
the City (the “Lodging Tax Code”);
WHEREAS, the Lodging Tax Code is found in Article IV of City Code Chapter 25 and
has existed in substantially its current form since its adoption in 1984 with only minor
amendments since that time; and
WHEREAS, since early 2016, City staff has worked with the Colorado Municipal League
on a statewide effort to update and make more consistent the definitions that municipalities
around state use for the imposition and collection of their respective sales and use taxes; and
WHEREAS, in connection with this effort, City staff has also reviewed the other
provisions of the City’s sales and use tax provisions found in Article III of Code Chapter 25 (the
“Sales and Use Tax Code”) to update and revise those provisions for clarification and
consistency with the current practices and regulations that the Financial Officer and the City’s
Sales Tax Department follow in administering the Sales and Use Tax Code; and
WHEREAS, as the result of these efforts, City staff has presented to City Council for its
consideration Ordinance No. 061, 2017, which significantly changes the Sales and Use Tax Code
related to not only definitions, but also to the City’s administrative processes for the collection
and enforcement of its sales and use taxes; and
WHEREAS, City staff has also conducted the same review of the Lodging Tax Code
which does not currently have the same degree of specificity and clarity with respect the
Financial Officer’s authority and powers to collect, enforce and administer the Lodging Tax
Code as are now found in the Sales and Use Tax Code and as amended if Ordinance No. 061,
2017 is adopted; and
WHEREAS, City staff therefore proposes in this Ordinance most of these same changes
to the Lodging Tax Code so both codes will be administered in essentially the same manner and
with the same requirements; and
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WHEREAS, the City Council hereby finds that collecting and enforcing the Sales and
Use Tax Code and the Lodging Tax Code in substantially the same manner is in the City’s and
its taxpayers’ best interests and necessary for the publics’ health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Article IV of Chapter 25 of the Code of the City of Fort Collins is
hereby amended to read as follows:
ARTICLE IV.
LODGING TAX
Sec. 25-241. - Definitions.
The following words, terms and phrases, when used in this Article, shall have the meanings
ascribed to them in this Section:
. . .
Collection costs shall mean all of the City’s costs incurred to enforce the provisions of this
Article, which shall include, without limitation, all costs of audit, assessment, hearings,
execution, lien filings, distraint actions, litigation, locksmith fees, auction costs, bank fees,
prosecution costs and related attorney fees.
. . .
Dwelling unit shall mean a building or any portion of a building designed for occupancy as
complete, independent living quarters for one (1) or more persons, having direct access from the
outside of the building or through a common hall and having living, sleeping, kitchen and
sanitary facilities for the exclusive use of the occupants.
Financial Officer shall mean the Financial Officer of the City of Fort Collins or such other
individual person designated by the Financial Officer.
Lodging accommodation shall mean the furnishing of a room or other accommodation by any
person to another person who for consideration uses, possesses or has the right to use or possess
that room or accommodation in a hotel, motel, inn, bed and breakfast residence, apartment hotel,
lodging house, motor hotel, guest house, guest ranch, trailer coach, mobile home, auto camp,
trailer court or park, dwelling unit, or any similar establishment or accommodation, for a period
of less than thirty (30) consecutive days under any lease, rental, concession, permit, right of
access, license to use or other agreement. shall mean the leasing, rental or furnishing of any room
or other accommodation in any hotel, apartment-hotel, motel, guesthouse, trailer court, guest
ranch, mobile home, automobile camp or any such similar place to any person who, for a
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consideration, uses, possesses or has the right to use or possess such room or other
accommodation for a total continuous duration of less than thirty (30) days.
. . .
Lodging price shall mean the gross price paid, exclusive of other taxes paid or and charges
separately stated including, without limitation, pet fees, cleaning fees, security deposits and in-
room charges for food, beverages, and telephone and video services, value given by the lodging
customer for the provision of a lodging accommodation.
Lodging provider shall mean any person furnishing a lodging accommodation or such
person’sprovider's authorized agent.
. . .
Lodging tax deficiency shall mean any amount of lodging tax, penalties, interest, collection costs
and other charges owed under this Article that is not reported or not paid on or before the date
that any return or such payment is required under this Article.
. . .
Lodging transaction shall mean the furnishing of a lodging accommodation to any person who,
for consideration, uses, possesses or has the right to use or possess that accommodationany room
or rooms in any hotel, apartment-hotel, guesthouse, guest ranch, mobile home, automobile camp,
trailer court or park under any concession permit, right of access, license to use or other
agreement, or otherwise.
Person shall mean any individual, firm, partnership, joint venture, corporation, limited liability
company, estate, or trust, receiver, trustee, assignee, lessee or any person acting in a fiduciary or
representative capacity, whether appointed by athe court or otherwise, or any group or
combination acting as a unit, and includes the plural as well as the singular number.
. . .
Sec. 25-242. - Tax levied.
On and after 11:59 p.m. March 31, 1984, there is levied and shall be paid and collected an excise
tax of three (3) percent on the lodging price paid for the leasing, rental or furnishing of any
lodging accommodation located in the City. This tax shall be in addition to the sales and use tax
as established pursuant to Article III of this Chapter. It shall be a violation of this Code for any
lodging customer of a hotel room, motel room or other lodging accommodation located in the
City to fail to pay, or for any lodging provider of such accommodation to fail to collect, the tax
levied pursuant to this Section.
Sec. 25-243. - Transactions exempt from tax.
The following lodging transactions are exempt from taxation under this Article:
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(1) All lodging accommodations provided to the United States Government; and to the
State of Colorado, its departments or institutions and political subdivisions in their
governmental capacities only, including the City;
(2) All lodging accommodations provided to charitable organizations;
(3) All lodging accommodations provided to persons which the City is prohibited from
taxing under the Constitution or laws of the United States or the State Colorado
Constitution;
(4) All lodging accommodations provided to any person for a period of at least thirty (30)
consecutive days; and
(5) Any lodging transaction, if the price of such lodging accommodation is paid in advance
on a weekly basis and does not exceed the total sum of seventy-five dollars ($75.) per
week.
Sec. 25-244. - Use of tax.
(unchanged)
Sec. 25-245. - License required for lodging providers.
(a) It shall be unlawful for any person to engage in the business of providing lodging
accommodations without first having obtained a license, which license shall be granted and
issued without fee by the Financial Officer and shall be in force and effect until revoked.
(b) WhenIn case a lodging accommodation business is transacted at two (2) or more separate
places by one (1) person, a separate license for each place of business shall be required.
(c) Such license shall be granted only upon application stating the name and address of the
person desiring such license, the name and type of lodging accommodations to be provided,
the location of the business, including the street number, and such other information as may
be reasonably required by the Financial Officer.
(d) If an application for a license is submitted by a person that previously held a license under
this Article, the Financial Officer may require that any lodging tax deficiency being owed
and due under the previous license be paid and a bond posted in an amount set by the
Financial Officer to ensure payment of lodging taxes under the new license prior to the
issuance of such new license.
(e) Each license shall be numbered and shall show the name, mailing address and place of
business of the licensee and shall be posted in a conspicuous place in the place of business
for which it is issued. No license shall be transferable.
Sec. 25-246. - Exception to licensing requirement.
(unchanged)
Sec. 25-247. - Application.
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Such license shall be granted only upon application stating the name and address of the person
desiring such license, the name of such business, the location, including the street number of
such business and such other facts as may be reasonably required by the Financial Officer.
Sec. 25-248. - Form of license; nontransferability.
Each license shall be numbered and shall show the name, mailing address and place of the
business of the licensee and shall be posted in a conspicuous place in the place of business for
which it is issued. No license shall be transferable.
Sec. 25-2479. - Revocation of license.
(unchanged)
Sec. 25-24850. - Appeal of revocation; procedure.
Any finding and order of the Financial Officer revoking the license of any person shall be subject
to review by the Larimer County District Court or the City’s Municipal Court of the district
where the business of the licensee is conducted, upon application of the aggrieved party. The
procedure of the review shall be in accordance with Rule 106(a)(4) of the Colorado Rules of
Civil Procedure, Rule 106(a)(4).
Sec. 25-24951. - Engaging in business without license to be a violation.
Any person engaged in the business of providing lodging accommodations in the City without
having secured a license, except as specifically provided herein, shall be guilty of a violation of
this Article and upon conviction shall be punished pursuant to § 1-15.
Sec. 25-2502. - Payment of tax.
(a) Every lodging provider shall be liable and responsible for the payment of the lodging tax, an
amount equal to three (3) percent of the lodging price all proceeds derived from the
providing of lodging accommodations as established pursuant to § 25-242. and any Any
such lodging provider shall file a return each month with the Financial Officer on or before
the twentieth day of each month for the preceding month and remit any amount equivalent to
the lodging tax collected to the Financial Officer.
(b) The returns to be filed by the lodging provider shall contain such information and be made
in such manner upon any on such forms as the Financial Officer may prescribe. The
Financial Officer may extend the time for filingmaking returns and paying the lodging taxes
due under such reasonable rules and regulations as the Financial Officer may prescribe, but
no such extension shall be for a greater period than is provided permitted in § 25-2535.
(c) The burden of proving that any lodging provider is exempt from collection of the lodging
tax and paying the same to the Financial Officer or from making such returns shall be on the
lodging provider under such reasonable requirements of proof as the Financial Officer may
prescribe.
(d) Except as provided in Subsection (f) below, t The lodging provider shall add the lodging tax
imposed or the average equivalent to the lodging price, showing such tax as a separate and
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distinct item and when added such tax shall constitute a part of such price and shall be a debt
from the lodging customer to the lodging provider until paid and shall be recoverable at law
in the same manner as other debts.
(e) No person other than the City may take enrichment from the collection or payment of
suchthe lodging tax or from liability for payment of the full amount of the tax as levied by §
25-242, except as otherwise provided by law.
Sec. 25-2513. - Formulation and promulgation of rules and regulations.
To provide uniform methods of adding the lodging tax or the average equivalent to the lodging
price, it shall be the duty of the Financial Officer, with the approval of the City Manager, to
formulate and promulgate appropriate rules and regulations to effectuate the purposes of this
Article.
Sec. 25-2524. - Advertisement of assumption or absorption of tax prohibited.
(unchanged)
Sec. 25-2535. - Remittance of tax on other than monthly basis.
If the accounting method regularly employed by the lodging provider in the transaction of
business, or other conditions, is such that filing lodging tax returns reports of sales made on a
calendar month basis will impose unnecessary hardship, the Financial Officer may upon written
request of the lodging provider accept the filing of returns reports at such intervals as will, in the
Financial Officer's opinion, will better suit the convenience of the lodging provider and will not
jeopardize the collection of the lodging tax. The Financial Officer may by rule permit a taxpayer
whose monthly tax collected is less than twentythree hundred dollars ($30020.) to make returns
and pay taxes at intervals greater than one (1) month.
Sec. 25-2546. - Consolidation of returns.
A lodging provider providing lodging accommodations doing business in two (2) or more places
or locations taxable hereunder may file one (1) return covering all such business activities.
Sec. 25-2557. - Excess collections; failure to remit collections.
If any lodging provider shall during any reporting period collect as a lodging tax an amount in
excess of three (3) percent of the total sales on lodging accommodations as defined imposed in §
25-242, the lodging provider shall remit to the City the full amount of the tax collected less the
amount retained as a collection expense under Subsection 25-252(e). The retention by the
lodging provider of any excess lodging tax collections over three (3) percent of the total taxable
sales of lodging accommodations by such lodging provider or the intentional failure to remit
punctually to the Financial Officer the full amount required to be remitted by the provisions of
this Article is hereby declared to be a violation of this Article.
Sec. 25-2568. - Bad debts.
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Lodging taxes paid on the amount of lodging price which are represented by accounts which are
found to be worthless and are actually and properly charged off as bad debts for the purpose of
the income tax imposed by the laws of the State may be credited upon a subsequent payment of
the lodging tax as provided in this Article, but if any such accounts are thereafter collected by the
lodging provider, a lodging tax shall be paid upon the amounts so collected.
Sec. 25-2579. - Disputes over exemption from tax; application for refund.
If a dispute arises between the lodging customer and lodging provider as to whether or not any
lodging transaction is exempt from taxation, the lodging provider shall collect and the lodging
customer shall pay such lodging tax, and the lodging provider shall issue to the lodging customer
a receipt or certificate on forms prescribed by the Financial Officer showing the names of the
lodging customer and lodging provider, the lodging accommodation furnished, the date, the
price, the amount of lodging tax paid and a brief statement of the claim of exemption. The
lodging customer may apply to the Financial Officer for a refund of such taxes. It shall be the
duty of the Financial Officer to determine the question of exemption subject to review by the
courts as herein provided. It shall be a violation of the Article for any lodging provider to fail to
collect, or for any lodging customer to fail to pay, a tax levied by this Article on the provision of
lodging accommodation on which exemption is disputed.
Sec. 25-25860. - Procedure for refund of disputed tax.
(a) A refund shall be made or credit allowed for the tax paid under dispute by any person who
claims one (1) or more exemptions as provided by this Article. Such refund shall be made by
the Financial Officer after compliance with the following conditions precedent in this
Section.
(b) Applications for refunds must be made within sixty (60)days three (3) years after the
lodging transaction on for which the exemption is claimed and must be supported by the
affidavit of the person, accompanied by the original paid invoice or sales receipt and a
certificate issued by the lodging provider, and must be made upon such forms as shall be
prescribed and furnished by the Financial Officer. The applicant must provide such other
relevant information as, which forms contain such information as the Financial Officer may
requireshall prescribe.
(c) The burden of proving that any person is exempt from paying the lodging tax shall be upon
the person asserting such claim for exemption under such reasonable requirements or proof
as the Financial Officer may prescribe.
(d) Upon receipt of such application, the Financial Officer shall examine it promptly with all
due speed and shall give notice to the applicant by an order in writing of the decision.
(e) An aggrieved applicant may, within ten (10)twenty-one (21) days after such decision is
mailed, may petition the Financial Officer for a hearing on the claim in the manner provided
in Section 25-276(c) of this Article.
Sec. 25-25961. - Right of refund not assignable.
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The right of any person to a refund under this Article shall not be assignable, and application for
a refund must be made by the person who acquired lodging accommodation and paid the lodging
tax as shown in the invoice of the sale.
Sec. 25-26062. - False statements to be a violation.
Any applicant for a refund under the provisions of this Article or any other person who shall
make any false statement in connection with an application for a refund of any lodging tax shall
be deemed guilty of a violation of this Article and punished as provided in this Article.
Sec. 25-2613. - Conviction to be evidence of fraudulent intent.
If any person is convicted under the provisions of § 25-2602, such conviction shall be prima
facie evidence that all refunds received by such person during the current year were obtained
unlawfully, and the Financial Officer is hereby empowered and directed to bring appropriate
action for recovery of such refund. A brief summary of the above mentioned penalties provisions
of §25-260 and this section shall be printed on each application form for refund.
Sec. 25-2624. - Information to be confidential.
. . .
(b) The persons charged with the custody of such returns shall not be required to produce any of
them or evidence of anything contained therein in any action or proceeding in any court,
except on behalf of the Financial Officer in an action under the provisions of this Article to
which the Financial Officer or the City is a party or on behalf of any party to an action or
proceeding under the provisions of this Article or to punish a violator thereof when the
report of facts shown by such report is directly involved in such action or proceeding, in
either of which events the court may require the production of and may admit in evidence so
much of the returns or of the facts shown thereby as are pertinent to the action or proceeding
and no more.
. . .
(d) Reports and returns shall be preserved for three (3) years from the date of filing with the
Financial Officer, after which time and thereafter until the Financial Officer with the
approval of the City Manager may orders them destroyed.
Sec. 25-2635. - Keeping of records and accounts.
It shall be the duty of every person engaged or continuing in business in the City, for the
transaction of which a license is required under this Articlehereunder, to keep and preserve
suitable records of all lodging transactions made by such person and such other books or
accounts as may be necessary to determine the amount of lodging tax for the collection of which
such person is liable hereunder this Article. All such books, invoices and other records shall be
preserved for each a lodging transaction for a period of three (3) years after the later of: (1) the
date that the return for the lodging transaction was required to be filed under this Article; or (ii)
the date the return was filed., and These records shall be open for examination in the City at any
time by the Financial Officer.
Sec. 25-266. - Divulging of confidential information to be a violation.
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Any City officer or employee, or any member of the office of, or officer or employee of, the
Financial Officer who shall divulge any information classified herein as confidential, in any
manner, except in accordance with proper judicial order or as otherwise provided by law, shall
be guilty of a violation of this Article.
Sec. 25-2647. - Examination of returns; recomputation; credits; deficiencies.
As soon as practicable after the return is filed, the Financial Officer shall examine it. If it then
appears that the correct amount of lodging tax to be remitted is greater or less than that shown in
the return, the tax shall be recomputed by the Financial Officer. If the amount paid exceeds that
which is due, the excess shall be refunded or credited against any subsequent remittance from the
same person. If the amount paid is less than the amount due, the difference, together with interest
thereon at the rate of one-half of one (1.0.5) percent per month from the time the return was due
shall be paid by the taxpayer within ten (10)twenty-one (21) days after written notice of
determination, assessment and demand for payment from the Financial Officer is sent to the
taxpayer as provided in § 25-276(b)him or her from the Financial Officer. The taxpayer may
protest the notice of determination, assessment and demand for payment issued under this section
as provided in § 25-276(c).
Sec. 25-2658. - Penalty for deficiencies due to negligence.
If any part of the deficiency in the payment of lodging tax is due to negligence, but without the
intent to defraud, there shall be added as a penalty ten (10) percent of the total amount of the
deficiency. Interest in such case shall be collected at the rate of one (1) percent per month on the
amount of such deficiency from the time the return was due from the person required to file the
return until paid, which additional amount and interest and addition shall become due and
payable within ten (10)twenty-one (21) days after written notice of determination, assessment
and demand for payment is issued by the Financial Officer as provided in § 25-276(b). The
taxpayer may protest the notice of determination, assessment and demand for payment issued
under this section as provided in § 25-276(c).
Sec. 25-2669. - Penalty for deficiencies with intent to defraud.
If any part of the deficiency in the payment of the lodging tax is due to the intent by the taxpayer
to evade the tax, then there shall be added as a penalty fifty (50) percent of the total amount of
the deficiency, and in such case the whole amount of the tax unpaid, including thethis additions,
shall become due and payable ten (10) days after written notice and demand by the Financial
Officer, and an additional one (1) percent per month of interest on such amounts shall be added
from the date the return was due until paid. This additional amount and interest shall become
due and payable within twenty-one (21) days after written notice of determination, assessment
and demand for payment is issued by the Financial Officer as provided in § 25-276(b). The
taxpayer may protest the notice of determination, assessment and demand for payment issued
under this section as provided in § 25-276(c).
Sec. 25-26770. - Investigation of tax records.
For the purpose of ascertaining the correctness of a return or for the purpose of determining the
amount of tax due from any person, the Financial Officer may hold investigations and hearings
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concerning any matters covered by this Article, and may examine any relevant books, papers,
records or memoranda of any such person. The Financial Officer may require by subpoena the
attendance of such person or any officer or employee of such person or of any person having
knowledge of such transactions and may take testimony and proof for the information. The
Financial Officer shall have power to administer oaths to such persons.
Sec. 25-26871. - Subpoenas and witness fees.
(unchanged)
Sec. 25-26972. - Attendance of witnesses and production of evidence.
(unchanged)
Sec. 25-2703. - Depositions.
(unchanged)
Sec. 25-2714. - Unpaid tax a prior lien; satisfaction of liens.
(a) The tax imposed by this Article, together with the interest, and penalties, herein provided
and the cost of collection costs and other charges imposed under this Article which may be
incurred by the City, including the City’s reasonable attorney fees, shall be and until paid
remain a first and prior lien superior to any other liens on all the tangible personal property
of the taxpayer, lodging customer or lodging provider which is located within the City and
may be foreclosed by seizing under distraint warrant and selling so much thereof as may be
necessary to discharge said lien. Such distraint warrant may be issued by the Financial
Officer whenever the taxpayer, lodging customer or lodging provider is in default in the
payment of the tax, interest, and penaltiesy, collection costs or other charges imposed under
this Article. Such warrant may be served and the goods subject to such lien seized by the
Financial Officer and may be sold by the Financial Officer at a public auction to be held ten
(10) days after notice thereof has been published in a newspaper published in the City.
(b) The Financial Officer shall forthwith levy upon sufficient tangible personal property of the
taxpayer, lodging customer or lodging provider as is necessary to satisfy the lien. The
property so levied upon shall be sold in all respects with like effect and in the same manner
as is prescribed by law in respect to executions against personal property upon judgment of a
court of record, and the remedies of garnishment shall apply.
(c) The tax imposed by this Article, together with all penalties, interest, collection costs and
other charges owed under this Article, including the City’s reasonable attorney fees, shall
also be a first and prior lien on the real property of the lodging provider, except as to
preexisting liens or claims of a bona fide mortgagee, pledgee, judgment creditor or
purchaser whose rights have attached prior to the filing of the notice of lien provided for in
paragraph (d) below, on the real property of the lodging provider.
(d) The Financial Officer may issue a notice setting forth the name of the lodging provider, the
amount of the lodging tax, penalties, interest, collection costs or other charges, the date of
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their accrual, and the fact that the City claims a first and prior lien therefor on the real
property of the lodging provider, except as to preexisting liens or claims of a bona fide
mortgagee, pledgee, judgment creditor or purchaser whose rights have attached prior to the
filing of this notice on the real property of the lodging provider. The notice of lien shall be
made on forms prescribed by the Financial Officer and verified by the Financial Officer and
may be filed in the office of the clerk and recorder of any county in the State in which the
lodging provider owns real property. The Financial Officer shall release any lien as shown
on the records of the county clerk and recorder as herein provided upon payment of all taxes,
penalties, interest and costs of collection covered thereby, in the same manner as mortgages
and judgment liens are released. The lien authorized by this Section may be foreclosed and
executed upon by the City in the district court of the county in which the lodging provider’s
real property is located in the same manner as mortgages and judgment liens are so
foreclosed and executed upon under state law.
Sec. 25-2725. - Settlement of taxes after sale of business.
Any lodging provider who shall sells or closes out its the business shall be required to complete
and file make out a return as provided in this Article within ten (10) days after the date the
provider sells or closes that sold out the business or quit the business, and if the business is sold,
the purchaser of the successor in business shall beis required to withhold a sufficient amount of
the purchase money to cover the amount of theany lodging tax deficiency due and unpaid until
such time as the former owner shall produce a receipt from the Financial Officer showing that
the taxes have been paid or a certificate that no taxes are due.
Sec. 25-2736. - Purchase of business subject to tax lien.
If the purchaser of a business shall fails to withhold the amount of purchase money, as provided
required in § 25-2725, and the lodging tax deficiency shall remainbe due and unpaid after the
ten-day period allowed, the purchaser, as well as the seller, shall be personally liable for the
payment of the lodging taxes deficiency unpaid by the sellerformer owner. Likewise, anyone
who takes any tangible business assets of or used by any lodging provider under lease, title
retaining contract or otherwise takes the same subject to the liens on property provided in § 25-
271 for any delinquent lodging taxesdeficiency owed by such provider under this Article, and
shall be liable for the payment of all delinquentthe prior owner’s lodging taxes deficiencyof such
prior owner, but not, however, to exceed the value of the property so taken or acquired.
Sec. 25-2747. - Unpaid taxes in cases of bankruptcy or receivership.
Whenever the business or property of any taxpayer subject to the provisions of this Article shall
be placed in a receivership, bankruptcy or assignment for the benefit of creditors, or is seized
under distraint for property taxes, all lodging taxes, penalties, interest, costs of collection and
other charges imposed by this Article, for which any lodging provider is in any way liable under
the terms of this Article, shall constitute a prior and preferred lien against all the property of the
taxpayer except as to preexisting claims or liens of a bona fide mortgagee, pledgee, judgment
creditor or purchaser whose rights shall have attached prior to the filing of the notice of lien as
hereinafter provided in § 25-271 on the property of the taxpayer, other than the lien on the
taxpayer’s tangible personal property,business assets of such taxpayer which lien shall be prior
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and superior to all other liens and preexisting claims. No sheriff, receiver, assignee or other
officer shall sell the property of any person subject to this Article under process or order of any
court without first ascertaining from the Financial Officer the amount of any lodging taxes
deficiency due and payable. If there are any such lodging taxes deficiency due, owing and
unpaid, it shall be the duty of such officer to first pay the amount of the lodging taxes deficiency
out of the proceeds of such sale before making payment of any monies to any judgment creditor
or other claimants of whatsoever kind or nature, except the costs of the proceedings and other
preexisting claims or liens as above provided.
Sec. 25-2758. - Tax money to be held in trust.
All sums of money paid by the lodging customer to the lodging provider as lodging taxes
imposed by this Article shall be and remain public money and the property of the City in the
hands of such lodging provider. The lodging provider shall hold the same in trust for the sole use
and benefit of the City until paid to the Financial Officer as herein provided. If the money is not
paid to the Financial Officer as required by this Article, such lodging provider shall may be
charged with punished for a violation of this Article, punishable as provided in Code Section 1-
15.
Sec. 25-2769. - Failure to make return; estimate of taxes; penalty; collection costs; notices;
appeal audit; appeal.
(a) If any person fails, neglects or refuses to collect, file make a return for or pay the lodging tax
in payment of the taxes as required by this Article, the Financial Officer shall make an
estimate, based upon such information as may be available, of the amounts of the taxes due
for the period or periods for which the taxpayer is delinquent and, upon the basis of such
estimated amount, shall compute and assess in addition thereto a penalty equal to ten (10)
percent thereof, together with interest on such delinquent taxes at the rate of one (1) percent
per month from the date when the tax assessed was due. The Financial Officer may also
assess against the taxpayer any penalties, interest, collection costs and other charges due and
owing under this Article, including, without limitation, the City’s reasonable attorney fees.
(b) Promptly thereafter tThe Financial Officer shall then serve upon give to the delinquent
taxpayer a written notice of determination, assessment and demand for payment of such
estimated taxes, penaltyies, and interest, collection costs and other charges, which notice
must be served either personally or by first class registered or certified mail directed to the
last address of the taxpayer on file with the City. Payment of the assessment stated in the
notice shall be due and payable by the taxpayer to the City within twenty-one (21) days from
the date the notice is mailed.
(c) The Financial Officer may at any time within three (3) years of the date any lodging tax is
due, serve upon any taxpayer personally or by first-class mail or certified mail directed to
the last address of the taxpayer on file with the City, a written notice of audit notifying the
taxpayer that the Financial Officer will be conducting an audit of the taxpayer’s books and
records to determine the exact amount of any tax, penalty, interest, collection costs and other
charges, due. Within thirty (30) days of that notice or within such longer time period as
permitted by the Financial Officer, the taxpayer shall make available to Financial Officer all
of the taxpayer’s relevant books and records requested by the Financial Officer for the audit.
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If as a result of the audit the Financial Officer determines the taxpayer owes the City any
additional tax, penalties or interest, collection costs or other charges, the Financial Officer
shall serve upon the taxpayer a notice of determination, assessment and demand for payment
as provide in paragraph (b) above and payment shall be due and payable twenty-one (21)
days from the date such notice is mailed.
(d) A taxpayer may protest a notice of determination, assessment and demand for payment
issued to a taxpayer for failure to file a return, underpayment of tax owed or as a result of an
audit by submitting the protest in writing to the Financial Officer within twenty-one (21)
days from the date the notice of determination, assessment and demand is mailed to the
taxpayer. Any such written protest shall identify the amount disputed, the basis for the
protest and be given under oath by the taxpayer or the taxpayer’s authorized representative.
Such protest may include a request for a hearing. It shall also include a physical, post office
box or email address to which the taxpayer wishes the Financial Officer’s written order
issued in paragraph (e) below to be sent when issued.
(e) In response to the taxpayer’s written protest, if a hearing is requested, the Financial Officer
shall notify the taxpayer in writing of the time and place of the hearing. After such hearing,
or after a consideration of the facts and figures contained in the written protest if no hearing
is requested, the Financial Officer shall make such written order in the matter as he or she
deems just and proper and shall furnish a copy of that order to the taxpayer by first class or
certified mail or by email as directed in the protest filed by the taxpayer.
(c) Such estimate shall become an assessment and such assessment shall be final and due and
payable from the taxpayer to the Financial Officer ten (10) days from the date of service of
the notice or the date of mailing by registered or certified mail. Within the ten-day period,
such delinquent taxpayer may petition the Financial Officer for a revision or modification of
such assessment and shall within such ten-day period furnish the Financial Officer the facts
and correct figures showing the correct amount of such taxes.
(fd) Such petition shall be in writing, and the facts and figures submitted shall be submitted
either in writing or orally and shall be given under oath of the taxpayer. The Financial
Officer may modify such assessment in accordance with the facts submitted. Such
assessment shall be considered theThe Financial Officer’s order issued under paragraph (e)
above shall be considered final and reviewable in Larimer County District Court or the
City’s Municipal Court in accordance with the procedures in Rule 106(a)(4) of the final
order of the Financial Officer and may be reviewed under the Colorado Rules of Civil
Procedure, Rule 106(a)(4), as provided in this Article, provided that the taxpayer gives
written notice to the Financial Officer of the intent to seek review within five (5) days after
receipt of the final order of assessment.
Sec. 25-280. - Notice of tax lien.
(a) If any taxes, penalty or interest imposed by this Article and shown by returns filed by a
taxpayer or shown by assessments duly made as provided herein are not paid within five (5)
days after the same are due, the Financial Officer shall issue a notice, setting forth the name
of the taxpayer, the amount of the tax, penalties and interest, the date of the accrual and that
the City claims a first and prior lien on the real and tangible personal property of the
taxpayer, except as to preexisting claims or liens of a bona fide mortgagee, pledgee or
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judgment creditor prior to the filing of the notice as hereinafter provided on property of the
taxpayer.
(b) Such notice shall be on forms prepared by the Financial Officer and shall be verified by the
Financial Officer and may be filed in the office of the Clerk and Recorder of any county in
this State in which the taxpayer owns real or tangible personal property. The filing of such
notice shall create such lien on such property in that county and constitute a notice thereof.
Sec. 25-281. - Release of lien.
Any lien for taxes as shown on the records of all county Clerks and Recorders as herein provided
shall, upon the payment of all taxes, penalties and interest covered thereby, be released by the
Financial Officer in the same manner as mortgages or judgments are released.
Sec. 25-277. - Jeopardy assessment.
(a) If the Financial Officer finds that collection of the lodging tax will be jeopardized for any
reason, the Financial Officer may declare the taxable period immediately terminated,
determine the lodging tax deficiency and issue a notice of determination, assessment and
demand for payment. Notwithstanding the provisions of § 25-276, the lodging tax deficiency
shall then be due and payable forthwith, and the Financial Officer may proceed to collect the
deficiency as provided in § 25-278 or pursue such other remedies authorized under this
Article or by law.
(b) If the taxpayer subject to a jeopardy assessment provides security for payment of the lodging
tax deficiency satisfactory to the Financial Officer, the Financial Officer may forego the
jeopardy assessment collection proceedings.
Sec. 25-278. - Enforcing the collection of taxes due.
(a) The Financial Officer may issue a warrant directed to any employee, agent or representative
of the City or any sheriff of any county of the state, commanding such person to distrain,
seize and sell any personal property in which the taxpayer has an ownership interest, except
such property as is exempt from the execution and sale by any state statute, for the payment
of lodging tax due together with interest, penalties, collection costs and other charges
thereon in the following circumstances:
(1) When any assessed lodging tax deficiency is not paid within twenty-one (21) days from
the date of mailing of the notice of determination, assessment and demand for payment
and no hearing or extension has been requested in a timely manner;
(2) When any assessed lodging tax deficiency is not paid within twenty-one (21) days from
the date of the notice of determination, assessment and demand for payment and no
appeal from such notice has been docketed within twenty-eight (28) days after such
notice in a court having jurisdiction, except that if the Financial Officer finds that
collection of the tax will be jeopardized during such period, the Financial Officer may
immediately issue a distraint warrant;
(3) When any assessed lodging tax deficiency is not paid within the time prescribed in
judgment and order of court on any appeal to a court having jurisdiction;
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(4) Immediately upon making a jeopardy assessment or issuing a demand for payment upon
jeopardy assessment as provided in § 25-277; or
(5) After or concurrently with the filing of a notice of lien as provided in § 25-271(d).
(b) The Financial Officer may apply to the Judge of the City’s Municipal Court for a warrant
authorizing the Financial Officer to search for and seize property located within the City
limits for the purpose of enforcing the collection of lodging tax deficiency owed under this
Article. The Municipal Judge shall issue such warrant after the Financial Officer
demonstrates that:
(1) The premises to which entry is sought contain property that is subject to levy and sale
for taxes due; and
(2) At least one (1) of the preconditions of (a) above has been satisfied; but if a jeopardy
assessment has been declared under § 25-277, the Financial Officer must set forth the
reasons that collection of the tax will be jeopardized.
(c) The procedures to be followed in issuing and executing a warrant pursuant to (b) above shall
comply with Rule 241(c) and (d) of the the Colorado Municipal Court Rules of Procedure.
(d) The taxpayer may contest a warrant issued under this section using the procedure provided
for in Rule 241(e) of the Colorado Municipal Court Rules of Procedure, except that no
proceeding to contest such warrant may be brought after five (5) days prior to the date fixed
for sale of the distrained property.
(e) The agent charged with the collection shall make or cause to be made an account of the
goods or effects distrained, and shall leave a copy of such account, signed by the agent
making such distraint, with the owner or possessor of the property, at the owner's or
possessor's usual place of abode with some family member over the age of eighteen (18)
years, at the owner's or possessor's usual place of business with a stenographer, bookkeeper
or chief clerk, or, if the taxpayer is a corporation or other business entity, with any officer,
manager, general agent or agent for process, with a statement of the sum demanded and the
time and place of sale. The agent charged with collection shall forthwith cause to be
published a notice of the time and place of sale and a description of the property to be sold
in a newspaper within the county wherein distraint is made or, in lieu thereof and in the
discretion of the Financial Officer, the agent or sheriff shall cause such notice to be publicly
posted at the county courthouse wherein such distraint is made and copies thereof shall be
posted in at least two (2) other public places within the county. The time fixed for the sale
shall not be less than ten (10) days nor more than sixty (60) days from the date of such
notification to the owner or possessor of the property and the publication or posting of such
notices. The sale may be adjourned or postponed from time to time by the agent or sheriff, if
the agent or sheriff deems it advisable, to a date certain but not for a time to exceed in all
ninety (90) days from the date first fixed for the sale. When any personal property is
advertised for sale under distraint, the agent or sheriff making the seizure shall proceed to
sell such property at public auction, offering the property at not less than a fair minimum
price that includes the expenses of making the seizure and of advertising the sale. If the
amount bid for the property at the sale does not equal the fair minimum price so fixed, the
agent or sheriff conducting the sale may declare the same to be purchased for the City. The
property so purchased may then be sold by the agent or sheriff under such regulations as
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may be prescribed for disposing of City property. The goods, chattels or effects so distrained
shall be restored to the owner or possessor if, prior to the sale, the amount due is paid
together with the fees and other charges, or they may be redeemed by any person holding a
chattel mortgage or other evidence of right of possession.
(f) In all cases of sale, the agent or sheriff making the sale shall issue a certificate of sale to
each purchaser, and such certificate is prima facie evidence of the right of the agent or
sheriff to make such sale and conclusive evidence of the regularity of the proceedings in
making the sale; it transfers to the purchaser all right, title and interest of the delinquent
taxpayer in and to the property sold. Where such property consists of certificates of
securities or other evidence of indebtedness in the possession of the agent or sheriff, the
taxpayer shall endorse such certificates to the purchaser thereof and supply the purchaser
with proof of the taxpayer's authority to transfer the same or with any other requisite that
may be necessary to obtain registration of the transfer of the certificate. Any surplus
remaining above first the City's taxes, penalties, interest, collection costs and other charges
and expenses of making the seizure and of advertising the sale and then the amounts
distributed pro rata to other jurisdictions under recorded sales and use or personal property
ad valorem tax liens shall be returned to the property owner or such person having a legal
right to the property; and, on demand, the Financial Officer shall render an accounting in
writing of the sale.
(g) In the case where a taxpayer has refused or neglected to pay any lodging tax deficiency due
to the City under this Article and a lien has been filed as provided in § 25-271(d), the
Financial Officer may, in addition to pursuing other collection remedies, certify the amount
of the tax, penalties, interest, collection costs and other charges due, together with ten (10)
percent of the delinquent amount for costs of county collection, to the county treasurer to be
levied against the person's property for collection by the County in the same manner as
delinquent general taxes upon such property are collected. Before certifying such amounts to
the county for collection, the Financial Officer shall provide to the property owner an
opportunity for a hearing to contest the authority of the City to impose and collect the
lodging tax deficiency, or the amount thereof. The Financial Officer shall mail the notice to
the property owner by first class mail addressed to the last known owner of the property in
the records of the county assessor. If the Financial Officer's decision after a hearing affirms
the imposition of the lodging tax deficiency, the decision shall include notice that the
deficiency is due and payable within fourteen (14) days of the date of the decision and that,
if not paid when due, they will be certified to the county treasurer for collection, along with
ten (10) percent of the charges for the cost of county collection. Whenever the Financial
Officer certifies any such amounts to the county treasurer for collection, the Financial
Officer shall record notice of such certification with the county clerk and recorder.
Sec. 25-27982. - Recovery of unpaid taxes by action at law or in equity.
(a) The Financial Officer may also treat any lodging tax deficiency any such taxes, penalties or
interest due and unpaid under this Article as a personal debt due the City from the lodging
provider.
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(b) In case of any failure to pay the taxes, or any portion thereof, or any penaltiesy, or interest
collection costs and other charges due under this Article, thereon, when due, the Financial
Officer may recover at law the amount of such taxes, penalties, and interest, collection costs
and other charges in any county or Ddistrict Ccourt of the county wherein the taxpayer
resides or has his or her place of business.
(c) The City Attorney, upon the request of the Financial Officer may seek injunctive or other
equitable relief in any court of competent jurisdiction to enforce provisions of this Article.
(cd) The return of the taxpayer or the assessment made by the Financial Officer as herein
provided shall be prima facie proof of the amount due.
(ed) The City Attorney is hereby authorized upon request by the Financial Officer to commence
any legal action or suit for the recovery of theany lodging tax deficiency due pursuant to this
Article.
Sec. 25-2803. - City may be party in title actions.
(unchanged)
Sec. 25-2814. - Compromise and settlement by Financial Officer.
(a) The Financial Officer may for good cause compromise and settle any actually
assessed or potential claim to lodging taxes, penalties, and interest, collection costs and
other charges due to the City under this Aarticle. Such good cause may include, without
limitation, legal and factual considerations, considerations of fairness and justice, and the
financial inability of the taxpayer to pay a greater amount.
(b) The Financial Officer shall prepare and retain in the files of Financial Services for
each settlement a written opinion explaining the good cause for the settlement. The opinion
shall also include a statement of: (i) the amount of the lodging tax, penalties, and interest,
collection costs and other charges that were assessed or that could potentially be assessed;
and (ii) the amount paid by the taxpayer in accordance with the terms of the settlement
agreement. In a circumstance where the amount of the lodging tax, penalties, and interest,
collection costs and other charges that could potentially be assessed cannot be reasonably
determined, the Financial Officer shall state in the written opinion the reason why these
amounts cannot be reasonably determined.
. . .
(d) Notwithstanding the foregoing, the Financial Officer may not compromise and settle
a claim that waives more than one hundred thousand dollars ($100,000.) of assessed lodging
tax, penalties, and interest, collection costs and other charges or that waives an amount of
tax, penalties, and interest, collection costs and other charges that could potentially be
assessed but the amount of that assessment cannot be reasonably determined, unless the City
Manager approves the Financial Officer's written opinion.
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. . .
Sec. 25-285. - Petition and hearing of aggrieved taxpayer.
If any taxpayer, having made a return and paid the tax provided for in this Article, deems himself
or herself aggrieved by the assessment made upon him or her by the Financial Officer, the
taxpayer may apply to the Financial Officer by petition, in writing, within ten (10) days after the
notice is mailed to him or her for a hearing and a correction of the amount of the tax so assessed.
The taxpayer shall set forth the reasons why such hearing should be granted and the amount by
which such tax should be reduced. The Financial Officer shall notify the petitioner, in writing, of
the time and place fixed for such hearing. After such hearing, the Financial Officer shall make
such order in the matter as is just and proper and shall furnish a copy of such order to the
petitioner.
Sec. 25-286. - Decision of Financial Officer.
Every decision of the Financial Officer shall be in writing, and notice shall be mailed to the
taxpayer within ten (10) days. All such decisions shall become final upon the expiration of thirty
(30) days. However, for purposes of review, the decision shall be final immediately.
Sec. 25-287. - Review of decisions.
The taxpayer may apply for a review of the decision by the Financial Officer in the District
Court in and for the County and in accordance with the Colorado Rules of Civil Procedure, Rule
106(a)(4).
Sec. 25-2828. - Review bond required.
Before making application to the District Court or the City’s Municipal Court, the party making
such application shall file with the Financial Officer a bond in twice the amount of the lodging
taxes, penalties, interest, and collection costs and other charges audited and stated in the
determination and decision of the Financial Officer’s order. The bond shall be issued by with a
good and sufficient surety reasonably acceptable to or at the Financial Officer or such other
security acceptable to the Financial Officer's option may deposit lawful money of the United
States in the same manner as provided in this Article.
Sec. 25-289. - Review procedures in District Court.
(a) The District Court shall determine de novo or review all questions of law and fact
determined by the Financial Officer in administering the provisions of this Article by writ
under the Colorado Rules of Civil Procedure, Rule 106(a)(4).
(b) Every writ for a determination de novo or for review shall be issued by the clerk of the
District Court upon a verified petition of the taxpayer, filed within twenty (20) days after
mailing of notice of the decision of the Financial Officer and upon proof of compliance with
this Section.
(c) The writ shall be served within five (5) days after its issuance and shall be returnable at such
time as the District Court may determine, not less than ten (10) days nor more than twenty
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(20) days after the date when the writ was issued. The Financial Officer shall forthwith
certify the record of the proceedings to the court.
(d) The procedure shall be in conformity with the Rules of Civil Procedure of the State.
Sec. 25-290. - Review of District Court decisions by Supreme Court.
The decision of the District Court may be reviewed in the State Supreme Court upon writ of
error by any party.
Sec. 25-28391. - Notices to be sent by registered or certified mail.
Except as otherwise expressly provide in this Article, Aall notices required to be given to any
taxpayer under the provisions of this Article shall be in writing and hand delivered or mailed by,
if mailed, prepaid first class or by certified or registered mail, return receipt requested, to the
taxpayer’s last-known address on file with the City, and such notice shall be deemed to have
been received by the taxpayer when so delivered or mailed.sufficient for the purposes of this
Article.
Sec. 25-28492. - Tax in addition to other taxes.
The lodging tax imposed by this Article shall be in addition to all other taxes imposed by law
except as herein otherwise provided.
Sec. 25-293. - Hearings to be held in City.
Every hearing before the Financial Officer shall be held in the City.
Sec. 25-28594. - Administrative officer designated.
The administration of all provisions of this Article is hereby vested in and shall be exercised by
the Financial Officer who shall prescribe forms and reasonable rules and regulations in
conformity with this Article for the making of returns, for the determinationascertainment,
assessment and collection of lodging taxes and other amounts imposed under this Article and for
such other proper administration and enforcement of this Article.
Sec. 25-28695. - Statute of limitations.
(a) Except as otherwise provided in this section or as waived by the taxpayer, The none of the
following actions shall be taken by the City to collect any amount of lodging taxes for any
period due and owing under this Article, together with any applicable interest, and penalties,
collection costs and other charges imposed by this Article, shall not be assessed nor shall
any notice of lien shall be filed, or distraint warrant be issued or suit for collection be
instituted or any other action to collect the same be commenced more than three (3) years
after the later of (i) the date on which the tax return for that tax was filed, regardless of
whether such return was filed on or after the date required by this Article, or (ii) the last date
the return for that tax was required to be filed by this Article:
(i) issuance of notice of audit;
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(ii) issuance of notice of determination, assessment and demand for payment;
(iii) notice of lien filed;
(iv) issuance of jeopardy assessment;
(v) issuance of distraint warrant;
(vi) bond collected upon;
(vii) collection lawsuit commenced; or
(viii) any other formal legal action taken.
was or is payable. If the Financial Officer takes any of the foregoing listed actions to
determine, collect or enforce any lodging tax deficiency under this Article before the
expiration of said three (3) year period, any such action shall stop the running of the period
of limitation established in this section with regard to any other determination, collection or
enforcement action authorized under this Article thereafter taken by the Financial Officer to
recover that lodging tax deficiency. However, Nno lien shall continue after suchthis
limitation period, except for taxes assessed before the expiration of suchthat period, and
regarding which a notice of lien waswith respect to which has been filed prior to the
expiration of suchthat period,. and in In such cases, such event suchthe lien shall continue in
effect only for one (1) three (3) years after theit is filed as provided in § 25-271filing of
notice thereof.
(b) In case of a false or fraudulent return with intent to evade the tax and in the case of failure to
file a return, the tax together with interest, and penalties and collection costs and other
charges, including reasonable attorney fees, may be assessed or proceedings for the
collection of such taxes may be begun at any time.
(c) Before the expiration of such period of limitation, the taxpayer and the Financial Officer
may agree in writing to an extension, and the period agreed on may be extended by
subsequent agreement in writing. Notwithstanding the foregoing provisions of this section,
the taxpayer and the Financial Officer may agree in writing to an extension of any period of
limitation imposed in this section, and the period agreed on may be extended by subsequent
agreement in writing.
Sec. 25-296. - Violations.
It shall be a violation of this Article for any lodging provider or any other person subject to the
tax levied herein to refuse to make any return required in this Article or to make any false or
fraudulent return or any false statements in any return; or to fail or refuse to make payment to the
Financial Officer of any taxes collected or due the City, or in any manner to evade the collection
and payment of the tax, or any part imposed by this Article. It shall be unlawful for any person or
lodging customer to fail or refuse to pay such tax or evade the payment or to aid or abet another
in any attempt to evade the payment of the tax imposed by this Article. Any person making a
false return or a return containing a false statement shall be guilty of a violation of this Article.
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Sec. 25-287. – Violations and penalty.
(a) It shall be unlawful for any lodging provider to fail to collect or for any lodging customer to
fail to pay any lodging tax, penalty, interest, collection costs or other charges levied by this
Article regardless of whether the tax liability is disputed or an exemption is claimed.
(b) It shall be unlawful for any lodging provider to retain any lodging tax collected in excess of
the rate stated in § 25-242 or to fail to remit punctually to the Financial Officer the full
amount required by the provisions of this Article, including penalties, interest, collection
costs and other charges.
(c) It shall be unlawful for any person to fail or refuse to make or file any return required to be
made or filed by this Article or to make any false or fraudulent return or any false or
fraudulent statement in any return.
(d) It shall be unlawful for any person to do business as a lodging provider without the license
required by this Article or to continue to provide a lodging accommodation after such
license is revoked.
(e) It shall be unlawful for any applicant for a tax refund under this Article to make a false
statement in connection with such application.
(f) It shall be unlawful for any lodging provider to advertise or hold out or state to the public or
to any lodging customer, directly or indirectly, that the tax or any part thereof imposed by
this Article will be assumed or absorbed by the lodging or that it will not be added to the
lodging price of the lodging accommodation to be provided, or, if added, that it or any part
thereof will be refunded.
(g) It shall be unlawful for any person other than the City to become enriched or to gain any
benefit from the collection or payment of the taxes levied by this Article, unless otherwise
authorized by law.
(h) It shall be unlawful for any person to aid or abet another in any attempt to evade the
payment of the lodging tax imposed by this Article.
(i) It shall be unlawful for any officer, agent or employee of the City to divulge or make known
in any way any information classified in this Article as confidential, except in accordance
with a court order or as otherwise provided by this Article or other applicable law.
(j) It shall be unlawful for any person to interfere with the actions of any employee or agent of
the City relating to the distraint warrant procedures in § 25-278, such interference to include
but not be limited to the removal of signs or tags placed on the premises or items of property
which are to be sold by the City pursuant to such procedure.
(k) It shall be unlawful for any person to violate any other mandatory provision of this Article.
(l) The penalty for violating any mandatory provision of this Article shall be as provided in § 1-
15.
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Introduced, considered favorably on first reading, and ordered published this 18th day of
April, A.D. 2017, and to be presented for final passage on the 2nd day of May, A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 2nd day of May, A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 350
Agenda Item 19
Item # 19 Page 1
AGENDA ITEM SUMMARY April 18, 2017
City Council
THIS ITEM HAS BEEN WITHDRAWN FROM CONSIDERATION
STAFF
Christine Macrina, Boards and Commissions Coordinator
Wanda Winkelmann, City Clerk
SUBJECT
Resolution 2017-037 Appointing an Unaffiliated Member to the Boxelder Basin Regional Stormwater Authority
Board of Directors by Mutual Agreement of Fort Collins and Larimer County.
EXECUTIVE SUMMARY
The purpose of this item is to appoint a Director to the Boxelder Basin Regional Stormwater Authority Board of
Directors to fill the seat jointly appointed by the City of Fort Collins and Larimer County.
STAFF RECOMMENDATION
Staff supports the Council’s action to appoint jointly with Larimer County a new member of the Boxelder Basin
Regional Stormwater Authority (BBRSA) Board of Directors.
BACKGROUND / DISCUSSION
The purpose of this item is to appoint a Director to the Boxelder Basin Regional Stormwater Authority (BBRSA)
Board of Directors to the seat jointly appointed by the City of Fort Collins and Larimer County. The BBRSA
Intergovernmental Agreement (IGA) specifies that its Board of Directors shall consist of five (5) Directors - one
each appointed by the City of Fort Collins, the Town of Wellington and Larimer County and then one jointly-
appointed by the City of Fort Collins and Larimer County and the other jointly-appointed by the Town of
Wellington and Larimer County. Directors are appointed for a 3 year term.
Mr. Vic Meline has acted as the Fort Collins/Larimer County Director since the inception of the Board in 2009.
He was originally selected through an advertisement and interview process conducted in the fall of 2008. Mr.
Meline has decided that he would like to conclude his service on the Board and so is not seeking
reappointment. His term expires in April 2017.
Mayor Pro Tem Gerry Horak was appointed as the Director representing the City of Fort Collins in April 2016.
Mr. Horak has worked with County representatives to conduct a search for potential candidates and will
interview candidates in cooperation with County representatives prior to the Council meeting. Updated
information will be provided prior to the Council meeting.
Staff supports this recommendation.
-1-
RESOLUTION 2017-037
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPOINTING AN UNAFFILIATED MEMBER TO THE BOXELDER BASIN
REGIONAL STORMWATER AUTHORITY BOARD OF DIRECTORS BY
MUTUAL AGREEMENT OF FORT COLLINS AND LARIMER COUNTY
WHEREAS, the City of Fort Collins (“City”), Board of Commissioners of Larimer
County, Colorado ("County") and Town of Wellington, Colorado are parties to that certain
Intergovernmental Agreement for Stormwater Cooperation and Management dated August 20,
2008, and First Amendment to Intergovernmental Agreement for Stormwater Cooperation and
Management dated June 16, 2014 (collectively, the “IGA”) for the purpose of creating the
Boxelder Basin Regional Stormwater Authority (the “Authority”); and
WHEREAS, the IGA specifies that the Authority shall be governed by a Board of
Directors (the "Board") consisting of five (5) Directors, one each appointed by the City, the
Town of Wellington, and the County and two unaffiliated members, representing the public at
large; and
WHEREAS, the IGA provides that one of the unaffiliated members of Board will be
appointed by mutual agreement of the City and the County, with the other unaffiliated member
appointed by mutual agreement the Town of Wellington and the County; and
WHERAS, the Directors serve for staggered terms of three (3) years; and
WHEREAS, Vic Meline has acted as the unaffiliated member of the Board appointed by
mutual agreement of the City and the County since the inception of the Board in 2009; and
WHEREAS, Mr. Meline has decided to conclude his service and is not seeking
reappointment to the Board; and
WHEREAS, Mr. Meline's current term will expire on April 1, 2017, or as soon thereafter
as a successor Director is approved; and
WHEREAS, Mayor Pro Tem Gerry Horak was appointed as the Director selected by the
City in April 2016; and
WHEREAS, Mayor Pro Tem Horak worked with representatives of Larimer County to
conduct a search for potential candidates and is recommending ______________________ as the
unaffiliated member of the Board to be appointed by mutual agreement of the City and the
County; and
WHEREAS, the County has indicated a willingness to agree to this appointment to serve
as the unaffiliated member appointed by mutual agreement of the City and the County to the
Authority Board.
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NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
Section 2. That ________________ is hereby appointed by the City to serve as an
unaffiliated member of the Board, subject to the mutual agreement of the County, until April 1,
2020, or until a replacement representative is designated by mutual agreement of the City and the
County.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
18th day of April, A.D. 2017.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 353
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Z͘K͘t͘ůŝŶĞƐ͕ƉƌŽƉĞƌƚLJůŝŶĞƐĂŶĚĞĂƐĞŵĞŶƚƐǁŝƚŚĚŝŵĞŶƐŝŽŶƐ
džŝƐƚŝŶŐĂŶĚƉƌŽƉŽƐĞĚƐƚƌĞĞƚƐ͕ĐƵƌďĂŶĚŐƵƚƚĞƌ͕ƐŝĚĞǁĂůŬƐ͕ŵĞĚŝĂŶƐ͕ĐƌŽƐƐͲƉĂŶƐ͕ƐƚŽƌŵ
ŝŶƚĂŬĞƐĂŶĚŽƚŚĞƌƐƚƌƵĐƚƵƌĞƐ
džŝƐƚŝŶŐĂŶĚƉƌŽƉŽƐĞĚƐĂŶŝƚĂƌLJƐĞǁĞƌƐ͕ƐĞƌǀŝĐĞƐ͕ĐŽŶŶĞĐƚŝŽŶƐƚŽĞdžŝƐƚŝŶŐƐLJƐƚĞŵĂŶĚĂůů
ĂƉƉƵƌƚĞŶĂŶĐĞƐ
džŝƐƚŝŶŐĂŶĚƉƌŽƉŽƐĞĚǁĂƚĞƌŵĂŝŶƐ͕ƐĞƌǀŝĐĞƐͬĐƵƌďƐƚŽƉƐͬŵĞƚĞƌƉŝƚƐ;ŝŶĐůƵĚŝŶŐŝƌƌŝŐĂƚŝŽŶͿ͕
ǀĂůǀĞƐ͕ĨŝƚƚŝŶŐƐ͕ĨŝƌĞŚLJĚƌĂŶƚƐ͕ĐŽŶŶĞĐƚŝŽŶƐƚŽĞdžŝƐƚŝŶŐƐLJƐƚĞŵĂŶĚĂůůĂƉƉƵƌƚĞŶĂŶĐĞƐ
džŝƐƚŝŶŐĂŶĚƉƌŽƉŽƐĞĚƐƚŽƌŵƐĞǁĞƌƐĂŶĚĂůůĂƉƉƵƌƚĞŶĂŶĐĞƐ
WƌŽƉŽƐĞĚƉƌŝǀĂƚĞƐƵďĚƌĂŝŶƐĂŶĚĐůĞĂŶŽƵƚůŽĐĂƚŝŽŶƐ
džŝƐƚŝŶŐĂŶĚƉƌŽƉŽƐĞĚĚƌLJƵƚŝůŝƚŝĞƐ;Ğ͘Ő͘ŐĂƐ͕ĞůĞĐƚƌŝĐ͕ƚĞůĞƉŚŽŶĞ͕ĐĂďůĞ͕ĞƚĐ͘Ϳ
>ŽĐĂƚŝŽŶƐŽĨĨŝdžĞĚŽďũĞĐƚƐ;Ğ͘Ő͘ƚƌĞĞƐ͕ƉŽůĞƐ͕ĨĞŶĐĞƐ͕ĞƚĐ͘Ϳ
/ƌƌŝŐĂƚŝŽŶĚŝƚĐŚĞƐ
DĂƚĐŚůŝŶĞƐǁŝƚŚĐŽƌƌĞƐƉŽŶĚŝŶŐƐŚĞĞƚŶƵŵďĞƌƐƌĞĨĞƌĞŶĐĞĚ
ďĂŶĚŽŶŵĞŶƚŽĨƐĞǁĞƌƐ
hƚŝůŝƚLJĐƌŽƐƐŝŶŐƐůĂďĞůĞĚǁŝƚŚƐŝnjĞƐ͕ĞůĞǀĂƚŝŽŶƐĂŶĚĐůĞĂƌĂŶĐĞƐ
ĂƐŝŶŐƉŝƉĞƐǁŝƚŚŵĂƚĞƌŝĂů͕ĚŝĂŵĞƚĞƌ͕ƚŚŝĐŬŶĞƐƐĂŶĚůĞŶŐƚŚŶŽƚĞĚ
&WʹWƌŽĨŝůĞŽĨĂůůƐĂŶŝƚĂƌLJƐĞǁĞƌƐ
&WͲ>ĞŶŐƚŚŽĨƐĞǁĞƌďĞƚǁĞĞŶŵĂŶŚŽůĞƐĂŶĚůŽŶŐŝƚƵĚŝŶĂůƐƚĂƚŝŽŶŝŶŐŽŶŵĂŶŚŽůĞƐĂŶĚ
ƐĞƌǀŝĐĞƐǁŝƚŚĚĞƚĂŝůĞĚůĂďĞůŝŶŐĨŽƌĐŽŶƐƚƌƵĐƚŝŽŶ
&WͲDĂŶŚŽůĞƌŝŵĂŶĚŝŶĨůŽǁͬŽƵƚĨůŽǁŝŶǀĞƌƚĞůĞǀĂƚŝŽŶƐ
&WͲ džŝƐƚŝŶŐĂŶĚƉƌŽƉŽƐĞĚŐƌŽƵŶĚƐƵƌĨĂĐĞ
&WͲ ŶĐĂƐĞŵĞŶƚĂƐƌĞƋƵŝƌĞĚǁŚĞŶƐĂŶŝƚĂƌLJĐƌŽƐƐĞƐĂďŽǀĞĂǁĂƚĞƌŵĂŝŶ
&WͲ'ƌŽƵŶĚǁĂƚĞƌďĂƌƌŝĞƌƐǁŚĞƌĞĂƉƉůŝĐĂďůĞ
&WͲĞǀĞůŽƉŵĞŶƚͬĐŽŶƐƚƌƵĐƚŝŽŶƉŚĂƐŝŶŐůŝŶĞƐ
ĞƚĂŝů^ŚĞĞƚƐ
/ŶĐůƵĚĞĚ Eͬ ZĞƋƵŝƌĞŵĞŶƚƐ
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ƉƉůŝĐĂďůĞŝƚLJŽĨ&ŽƌƚŽůůŝŶƐhƚŝůŝƚŝĞƐǁĂƚĞƌ͕ƐĂŶŝƚĂƌLJƐĞǁĞƌĂŶĚƐƚŽƌŵǁĂƚĞƌĚĞƚĂŝůƐ
ĞƚĂŝůƐŽĨƐƉĞĐŝĂůĐŽŶŶĞĐƚŝŽŶƐ͕ĐƌŽƐƐŝŶŐƐŽƌĐŽŶƐƚƌƵĐƚŝŽŶƐƉĞĐŝĨŝĐƚŽƚŚŝƐƉƌŽũĞĐƚ
1
Packet Pg. 197
Attachment: Exhibit A (5485 : Water/Wastewater Criteria Manual ORD)
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Z͘K͘t͘ůŝŶĞƐ͕ƉƌŽƉĞƌƚLJůŝŶĞƐĂŶĚĞĂƐĞŵĞŶƚƐǁŝƚŚĚŝŵĞŶƐŝŽŶƐ
džŝƐƚŝŶŐĂŶĚƉƌŽƉŽƐĞĚƐƚƌĞĞƚƐ͕ĐƵƌďĂŶĚŐƵƚƚĞƌ͕ƐŝĚĞǁĂůŬƐ͕ŵĞĚŝĂŶƐ͕ĐƌŽƐƐͲƉĂŶƐ͕ŝŶƚĂŬĞƐĂŶĚ
ŽƚŚĞƌƐƚƌƵĐƚƵƌĞƐ
džŝƐƚŝŶŐĂŶĚƉƌŽƉŽƐĞĚǁĂƚĞƌŵĂŝŶƐ͕ƐĞƌǀŝĐĞƐͬĐƵƌďƐƚŽƉƐͬŵĞƚĞƌƉŝƚƐ;ŝŶĐůƵĚŝŶŐŝƌƌŝŐĂƚŝŽŶͿ͕
ǀĂůǀĞƐ͕ĨŝƚƚŝŶŐƐ͕ĨŝƌĞŚLJĚƌĂŶƚƐ͕ĐŽŶŶĞĐƚŝŽŶƐƚŽĞdžŝƐƚŝŶŐƐLJƐƚĞŵĂŶĚĂůůĂƉƉƵƌƚĞŶĂŶĐĞƐǁŝƚŚ
ĚĞƚĂŝůĞĚůĂďĞůŝŶŐĨŽƌĐŽŶƐƚƌƵĐƚŝŽŶ
džŝƐƚŝŶŐĂŶĚƉƌŽƉŽƐĞĚƐĂŶŝƚĂƌLJƐĞǁĞƌŵĂŝŶƐ͕ƐĞƌǀŝĐĞƐĂŶĚĂůůĂƉƉƵƌƚĞŶĂŶĐĞƐ
džŝƐƚŝŶŐĂŶĚƉƌŽƉŽƐĞĚƐƚŽƌŵƐĞǁĞƌƐĂŶĚĂůůĂƉƉƵƌƚĞŶĂŶĐĞƐ
WƌŽƉŽƐĞĚƉƌŝǀĂƚĞƐƵďĚƌĂŝŶƐĂŶĚĐůĞĂŶŽƵƚůŽĐĂƚŝŽŶƐ
džŝƐƚŝŶŐĂŶĚƉƌŽƉŽƐĞĚĚƌLJƵƚŝůŝƚŝĞƐ;Ğ͘Ő͘ŐĂƐ͕ĞůĞĐƚƌŝĐ͕ƚĞůĞƉŚŽŶĞ͕ĐĂďůĞ͕ĞƚĐ͘Ϳ
>ŽĐĂƚŝŽŶƐŽĨĨŝdžĞĚŽďũĞĐƚƐ;Ğ͘Ő͘ƚƌĞĞƐ͕ƉŽůĞƐ͕ĨĞŶĐĞƐ͕ĞƚĐ͘Ϳ
/ƌƌŝŐĂƚŝŽŶĚŝƚĐŚĞƐ
DĂƚĐŚůŝŶĞƐǁŝƚŚĐŽƌƌĞƐƉŽŶĚŝŶŐƐŚĞĞƚŶƵŵďĞƌƐƌĞĨĞƌĞŶĐĞĚ
hƚŝůŝƚLJĐƌŽƐƐŝŶŐƐůĂďĞůĞĚǁŝƚŚƐŝnjĞƐ͕ĞůĞǀĂƚŝŽŶƐĂŶĚĐůĞĂƌĂŶĐĞƐ
>ŽǁĞƌŝŶŐƐƐŚŽǁŝŶŐĨŝƚƚŝŶŐƐŽƌƐǁĞĞƉƐǁŝƚŚĚŝŵĞŶƐŝŽŶƐĂŶĚĞůĞǀĂƚŝŽŶƐ
ĂƐŝŶŐƉŝƉĞƐǁŝƚŚŵĂƚĞƌŝĂů͕ĚŝĂŵĞƚĞƌ͕ƚŚŝĐŬŶĞƐƐĂŶĚůĞŶŐƚŚŶŽƚĞĚ
ďĂŶĚŽŶŵĞŶƚŽĨǁĂƚĞƌŵĂŝŶƐ
ĂƚŚŽĚŝĐWƌŽƚĞĐƚŝŽŶ;WͿƐLJƐƚĞŵƐŽŶĞdžŝƐƚŝŶŐŵĂŝŶƐŝŶĐůƵĚŝŶŐƚŚĞůŽĐĂƚŝŽŶŽĨWƚĞƐƚƐƚĂƚŝŽŶƐ
&WͲ>ĞŶŐƚŚƐŽĨǁĂƚĞƌŵĂŝŶďĞƚǁĞĞŶǀĂůǀĞƐ͕ĨŝƚƚŝŶŐƐ͕ŚLJĚƌĂŶƚƐ͕ĞƚĐ͘
&WͲZĞƐƚƌĂŝŶĞĚƉŝƉĞůĞŶŐƚŚƐĨŽƌƚŚƌƵƐƚƌĞƐƚƌĂŝŶƚĂƚĂůůĨŝƚƚŝŶŐƐ͕ůŽǁĞƌŝŶŐƐ͕ĚĞĂĚĞŶĚƐ͕ĞƚĐ͘
&WͲWŝƉĞŽƌƐƚƌĞĞƚĐĞŶƚĞƌůŝŶĞůŽŶŐŝƚƵĚŝŶĂůƐƚĂƚŝŽŶŝŶŐ
&WͲ&ŽƌǁĂƚĞƌŵĂŝŶƐϭϮͲŝŶĐŚĂŶĚůĂƌŐĞƌ͕ƉƌŽǀŝĚĞǁĂƚĞƌŵĂŝŶƉƌŽĨŝůĞĚƌĂǁŝŶŐƐƐŚŽǁŝŶŐ
ĞdžŝƐƚŝŶŐĂŶĚƉƌŽƉŽƐĞĚŐƌŽƵŶĚƐƵƌĨĂĐĞƐǁŝƚŚǁĂƚĞƌŵĂŝŶĚĞƉƚŚƐůĂďĞůĞĚ͕ĞdžŝƐƚŝŶŐĂŶĚ
ƉƌŽƉŽƐĞĚƵƚŝůŝƚLJĐƌŽƐƐŝŶŐƐĂŶĚĂůůƉĞƌƚŝŶĞŶƚƵŶĚĞƌŐƌŽƵŶĚĨĞĂƚƵƌĞƐŽƌŝŶĨŽƌŵĂƚŝŽŶ
&WͲĞǀĞůŽƉŵĞŶƚͬĐŽŶƐƚƌƵĐƚŝŽŶƉŚĂƐŝŶŐůŝŶĞƐ
1
Packet Pg. 196
Attachment: Exhibit A (5485 : Water/Wastewater Criteria Manual ORD)
Z͘K͘t͘ůŝŶĞƐ͕ƉƌŽƉĞƌƚLJůŝŶĞƐĂŶĚĞĂƐĞŵĞŶƚƐ
ƵƌďĂŶĚŐƵƚƚĞƌ͕ĐƌŽƐƐͲƉĂŶƐ͕ƐŝĚĞǁĂůŬƐ;ĂƚƚĂĐŚĞĚŽƌĚĞƚĂĐŚĞĚͿĂŶĚŵĞĚŝĂŶƐ
tĂƚĞƌ͗ džŝƐƚŝŶŐĂŶĚƉƌŽƉŽƐĞĚĚŝƐƚƌŝďƵƚŝŽŶƐLJƐƚĞŵĨĂĐŝůŝƚŝĞƐŝŶĐůƵĚŝŶŐǀĂůǀĞƐ͕ŚLJĚƌĂŶƚƐ͕ďĞŶĚƐ͕
ůŽǁĞƌŝŶŐƐ͕ĐƌŽƐƐŝŶŐƐ͕ƐĞƌǀŝĐĞƐ͕ŵĞƚĞƌƉŝƚƐͬǀĂƵůƚƐ͕ƐŝnjĞƐŽĨĂůůŵĂŝŶƐͬƐĞƌǀŝĐĞƐǁŝƚŚĚĞƚĂŝůĞĚ
ůĂďĞůŝŶŐĨŽƌĂůůŝƚĞŵƐ
tĂƐƚĞǁĂƚĞƌ͗ džŝƐƚŝŶŐĂŶĚƉƌŽƉŽƐĞĚĐŽůůĞĐƚŝŽŶƐLJƐƚĞŵĨĂĐŝůŝƚŝĞƐŝŶĐůƵĚŝŶŐŵĂŶŚŽůĞƐ͕ƐĞƌǀŝĐĞƐ͕
ĐƌŽƐƐŝŶŐƐ͕ƐŝnjĞƐŽĨĂůůŵĂŝŶƐͬƐĞƌǀŝĐĞƐtŝƚŚĚĞƚĂŝůĞĚůĂďĞůŝŶŐĨŽƌĂůůŝƚĞŵƐ
ƌLJhƚŝůŝƚŝĞƐ͗ džŝƐƚŝŶŐĂŶĚƉƌŽƉŽƐĞĚŐĂƐ͕ĞůĞĐƚƌŝĐ͕ƚĞůĞƉŚŽŶĞ͕ĐĂďůĞ͕ĞƚĐ͘
WƌŽƉŽƐĞĚƉƌŝǀĂƚĞƐƵďĚƌĂŝŶƐ;ǁŚĞƌĞĂƉƉůŝĐĂďůĞͿ
/ƌƌŝŐĂƚŝŽŶĚŝƚĐŚĞƐ
DĂƚĐŚůŝŶĞƐǁŝƚŚĐŽƌƌĞƐƉŽŶĚŝŶŐƐŚĞĞƚŶƵŵďĞƌƐƌĞĨĞƌĞŶĐĞĚ
tĂƚĞƌͬƐĂŶŝƚĂƌLJƐĞǁĞƌŵĂŝŶĂďĂŶĚŽŶŵĞŶƚƐ
&WʹĞǀĞůŽƉŵĞŶƚͬĐŽŶƐƚƌƵĐƚŝŽŶƉŚĂƐŝŶŐůŝŶĞƐ
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Packet Pg. 195
Attachment: Exhibit A (5485 : Water/Wastewater Criteria Manual ORD)