HomeMy WebLinkAboutMINUTES-05/03/1977-RegularMay 3, 1977
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council - Manager Form of Government
Regular Meeting - 5:30 P.M.
A regular meeting of the Council of the City of Fort Collins
was held on Tuesday, May 3, 1977 at 5:30 p.m. in the Council
Chambers in the City of Fort Collins City Hall. Roll call was
answered by Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson.
Staff Members Present: Brunton, Lanspery, Krempel, Bingman, Kaplan,
Waldo, Wood, Ward and Lewis.
Also: City Attorney Arthur March, Jr.
Minutes of the Adjourned Meeting of
March 29, 1977, the Organizational
Meeting of April 12, 1977 and the
Adjourned Meeting of April 12, 1977
Approved as Published
Councilman Suinn made a motion, seconded by Councilman St. Croix
to approve the minutes of the Adjourned meeting of March 29, 1977,
the Organizational meeting of April 12, 1977 and the Adjourned
meeting of April 12, 1977 as published. Yeas: Councilmembers
Bloom; Bowling, Gray, Russell, St. Croix and Suinn. Nays: None.
(Councilman Wilkinson out of room.)
Ordinance Adopted on Second Reading Amending
Chapter 33 Relating to 3.2"/ Fermented
Malt Beverage Licenses and Liquor Licenses
Following is the City Manager's memorandum on this item:
"At its April 19, 1977, meeting the Fort Collins City Council adopted
Ordinance No. 41 on first reading. This ordinance pertains to 3.2%
fermented malt beverage license and liquor sales. These amendments
are to make our City ordinance in compliance with the State Statutes.
The first amendment adds a sentence whereby the Liquor License
Authority may revoke or elect not to renew a retail license if the
facility has not been constructed and placed in operation within
two years of approval of the license application or construction
of the facility has not commenced within one year of such approval,
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The second amendment clarifies the section on hours of sale and
consumption. The present ordinance reads in part "on Sundays
between the hours of 2:00 a.m. and 8:00 a.m.". The amendment
states "on Sundays between the hours of 12:00 midnight Saturday
night and 8:00 a.m."."
Councilman Bowling made a motion, seconded by Councilman Suinn
to adopt Ordinance No. 41, 1977 on second reading. Yeas: Council -
members Bloom, Bowling, Gray, St. Croix and Suinn. Nays: Council-
man Russell. (Councilman Wilkinson out of room.)
ORDINANCE NO. 41 , 1977
BEING AN ORDINANCE AMENDING CHAPTER 33 OF THE
CODE OF THE CITY OF FORT COLLINS RELATING TO
INTOXICATING LIQUORS AND FERMENTED MALT BEVERAGES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That Section 33-4B of the Code of the City of
Fort Collins be, and the same hereby is, amended to read as
follows:
"B. The Liquor Licensing Authority may revoke or
elect not to renew a retail license if it determines
that the licensed location has been inactive, without
good cause, for at least one (1) year or, in the case
of a retail license approved for a facility which has
not been constructed, such facility has not been con-
structed and placed in operation within two (2) years
of approval of the license application or construction
of the facility has not commenced within one (1) year
of such approval. In the event that such licensed
establishment is not placed in operation within two
(2) years of approval of the license application, or
construction of the facility has not commenced within
one (1) year of such approval, then the action of the
Liquor Licensing Authority granting said license shall
be null and void and of no effect whatsoever, and the
owner of said premises shall be required to re -apply
for a license pursuant to the provisions of this Article
and any Resolution of the City as if no license had
previously been granted."
Section 2. That Article II of Chapter 33 of the Code of
the City of Fort Collins be, and the same hereby is, amended
by adding thereto after Section 33-15C an additional Section
33-15D as follows:
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"D. The Liquor Licensing Authority may revoke or
elect not to renew a fermented malt beverage license if
it determines that the licensed location has been in-
active, without good cause, for at least one (1) year
or, in the case of a fermented malt beverage license
approved for a facility which has not been constructed,
such facility has not been constructed and placed in
operation within two (2) years of approval of the license
application or construction of the facility has not
commenced within one (1) year of such approval. In the
event that such licensed establishment.is not placed in
operation within two (2) years of approval of the license
application, or construction of the facility has not com-
menced within one (1) year of such approval, then the
action of the Liquor Licensing Authority granting said
license shall be null and void and of no effect whatso-
ever, and the owner of said premises shall be required
to re -apply for a license pursuant to the provisions of
this Article and any Resolution of the City as if no
license had previously been granted."
Section 3. That Section 33-20A of the Code of the City
of Fort Collins be, and the same hereby is, amended to read as
follows:
"A. It shall be unlawful for any person to sell
fermented malt beverages between the hours of 12:00
midnight and 6:00 a.m. or on Sundays between the hours
of 12:00 midnight and 8:00 a.m. or on any general or
primary election day during polling or on the 25th day
of December, commonly called Christmas Day."
Introduced, considered favorably on first reading, and
ordered published this 19th day of April A.D. 1977,
and to be presented forte nal passage &r a 3rd day of
May A.D. 1977.
Ma
yo
ATTEST:
City Clerk (Deputy)
9 66
Passed and adopted on final reading this 3rd day of
May A.D. 1977.
ayor
ATTEST:
4
City er
First Reading: April 19, 1977 (Vote: Yeas: 5, Nays: 2)
Second Reading: May 3, 1977 (Vote: Yeas: 5, Nays: 1)
Dates Published: April 24, 1977 and May 8, 1977
'Attest:
i'e" ty Clerk
Ordinance Adopted on Second Reading Vacating
a Utility Easement in the Indian Hills
Subdivision, Eighth Filing 4
Following is the City Manager's memorandum on this item:
"At its April 19, 1977, meeting the Fort Collins City Council
adopted Ordinance No. 42, 1977, on first reading. This ordinance
vacates an easement between Lots 184 and 185 of the Indian Hills
Subdivision, Eighth Filing. We have received a new utility
easement to take the place of the one being vacated."
Councilman Suinn made a motion, seconded by Councilwoman Gray
to adopt Ordinance No. 42, 1977 on second reading. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix and Suinn.
Nays: None. (Councilman Wilkinson out of room.)
67
ORDINANCE NO. 42 , 1977
BEING AN ORDINANCE VACATING A UTILITY
EASEMENT IN THE INDIAN HILLS SUBDIVISION,
EIGHTH FILING
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
That that certain utility easement shown on the plat of
Indian Hills Subdivision, Eighth Filing, the centerline of
which is the common line between Lots 184 and 185 of said
subdivision be, and the same hereby is, vacated, abated and
abolished; provided, however, that nothing herein shall
affect the easement adjoining the West line of said Lots 184
and 185 and extending six feet East of such West line.
The easement herein vacated is not needed for any
municipal purpose, a substitute easement having been provided
therefor.
Introduced, considered favorably and ordered published
this 19th day of April, A.D. 1977, and to be presented for
final passage on the 3rd day of May, A.D. 1977.
ATTEST:
City Clerk (Deputy)
Passed and adopted on final reading this 3rd day of
May, A.D. 1977.
ATTEST:
City Clerk
9
1-M
First Reading: April 19, 1977 (Vote: Yeas: 7, Nays: 0)
Second Reading: May 3, 1977 (Vote: Yeas: 6, Nays: 0)
Dates Published: April 24, 1977 and May 8, 1977
Attest:
City Cler
Ordinance Adopted on Second Reading Amending
the Peace and Good Order Ordinance Pertaining
to Offenses Against Public Decency
Following is the City Manager's memorandum on this item:
"Ordinance No. 44, 1977, was adopted on first reading at the
April 19, 1977, Council meeting. This ordinance makes it unlawful
to promote sadomasochistic material or a sadomasochistic performance,
to promote obscenity to a minor, and to publicly display obscene
material. Prior to the adoption of this ordinance on first reading,
the City Council had several meetings on this subject and made
several changes in the proposed requirements."
Councilwoman Gray reported she had met with a group of students
from Lincoln Jr. High School, and that the students had met with
state legislators and had requested that a prohibition be added
to the state bill on the use of children for pornographic purposes.
Councilman Bowling made a motion, seconded by Councilman Russell
to adopt Ordinance No. 44, 1977 on second reading. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
ORDINANCE NO. 44 , 1977
BEING AN ORDINANCE AMENDING SECTION 84-2
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO PEACE AND GOOD ORDER, MAKING
IT UNLAWFUL TO PROMOTE SADOMASOCHISTIC
MATERIAL OR A SADOMASOCHISTIC PERFORMANCE,
TO PROMOTE OBSCENITY TO A MINOR, AND TO
PUBLICLY DISPLAY OBSCENE MATERIAL AND
PROVIDING A DEFINITION SECTION THERETO
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That Section 84-2 of the Code of the City of Fort
Collins be, and the same hereby is, amended by adding additional
sections H, I, J and K thereto, at the end thereof, to read as follows:
69 1
"H. Promoting sadomasochistic material or a sadomasochistic
performance to an adult or a minor. It shall be un aw u
for any person to promote sadomasochistic material or a
sadomasochistic performance to an adult or a minor. A
person commits promoting sadomasochistic material or a
sadomasochistic performance to an adult or a minor if
he knowingly:
a) Promotes, or possesses with intent to promote, any
sadomasochistic material to an adult or a minor; or
b) As owner, producer, director, manager, or performer,
promotes any sadomasochistic performance to an adult
or a minor.
I. Promoting obscenity to a minor. It shall be unlawful for
any person to promote obscenity to a minor. A person commits
promoting obscenity to a minor if he knowingly:
a) Promotes, or possesses with intent to promote, any
obscene material to a minor; or
b) As owner, producer, director, manager, or performer,
promotes any obscene performance or live sexual per-
formance to a minor.
J. Publicly displaying obscene material. It shall be unlawful
for any person to publicly disp ay obscene material. A
person commits publicly displaying obscene material if he
knowingly:
a) Displays publicly or causes to be displayed publicly
obscene material; or
b) Permits any public display of obscene material on
premises owned, rented, or operated by him.
K. Definitions. For the purposes of this Section 84-2,.
the following terms shall have the meanings indicated:
Cl) "Adult" means a person who has reached his eighteenth
birthday.
(2) "Commercial purposes" means any purposes connected with
the commercial sale of a product or type of product,
the commercial offering of a service, or the commercial
exhibition of any form of entertainment.
C3) "Displays publicly" means the exposure, placement,
posting, exhibition, or display, in any fashion, of
an item, in any location, public or private, in such
a manner that it may readily be seen and its contents
or character distinguished by normal unaided vision
from a public thoroughfare, a vehicle on a public
thoroughfare, or the property of another.
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(4) "Hard-core sexual conduct" means patently offensive
acts, exhibitions, representations, depictions, or
descriptions of:
a) Intrusion, however slight, actual or simulated,
by any object, any part of an animal's body, or
any part of a person's body into the genital or
anal openings of any person's body; or
b) Cunnilingus, fellatio, anilingus, masturbation,
bestiality, lewd exhibition of genitals, or
excretory functions, actual or simulated.
(5) "Live sexual performance" means any live performance
by one or more persons, or a person and an animal, which:
a) Taken as a whole, appeals to the prurient interest
of the average person, applying contemporary state-
wide standards; and
b) Presents or shows hard-core sexual conduct; and
c) Taken as a whole, lacks serious literary, artistic,
Political, or scientific value.
C61 "Material" means any physical object, facsimile,
recording, transcription, pictorial representation,
motion picture, or reproduction, whether mechanical,
electrical, or chemical, which is used as a means of
communicating sensation or emotion to human beings to
or through the visual, aural, or tactile senses, but
does not include the printed or written word.
(7). "Minor" means a person who has not reached his eighteenth
birthday.
(8) "Obscene material" means that material, as defined in
subsection (6) of this section, which:
a) Taken as a whole, appeals to the prurient interest
of the average person, applying contemporary state-
wide standards; and
b) Depicts or describes hard-core sexual conduct; and
c) Taken as a whole, lacks serious literary,.artistic,
political, or scientific value.
(g) "Obscene performance":
a) Means that performance, as defined in subsection (11)
of this section which:
(I) Taken as a whole, appeals to the prurient
interest of the average person, applying
contemporary statewide standards; and
(II) Presents or shows hard-core sexual conduct; and
(III) Taken as a whole, lacks serious literary,
artistic, political, or scientific value.
71
b) Includes a live sexual performance, as defined in
subsection (5) of this section.
(10) "Owner" includes any person who has a financial interest
in an activity or thing entitling him to participate in
the promotion, management, or proceeds of the activity or
thing. It does not include a person whose connection with
the activity or thing entitles him only to reasonable
salary or wages for services actually rendered.
(III "Performance" means a presentation or exhibition, whether
live or recorded, in a public place or place_ open to the
public.
(12) "promote" means to produce, direct, perform in, manufacture,
issue, sell, give, provide, lend, mail, deliver, transfer,
publish, distribute, circulate, disseminate, present,
exhibit, or advertise, whether or not for consideration,
or to offer or agree to do any of these things, whether or
not for consideration.
(13) "Sadomasochistic material" or "Sadomasochistic performance"
means that material, as defined in subsection (6) of this
section, or performance, as defined in subsection (11) of
this section, which:
a) Taken as a whole, appeals to the prurient interest of
the average person, applying contemporary statewide
standards; and
b) Depicts, presents, shows, or describes flagellation,
mutilation, or torture, actual or simulated, in a
sexual context; and
c) Taken as a whole, lacks serious literary, artistic,
political, or scientific value."
Introduced, considered favorably on first reading, and ordered
published this 19th day of April, A,D, 1977, and to be presented for
final passage on the 3rd day of May, A,D, 1977.
ATTEST:
City Clerk (Deputy)
72
Passed and adopted on.final reading this 3rd day of May, A.D. 1977.
ATTEST:
i ty Clerk
First Reading: April 19, 1977 (Vote: Yeas:
Second Reading: May 3, 1977 (Vote: Yeas:
Dates Published: April 24, 1977 and May 8, 1977
Attest:
City Clerk
, Nays: 0)
, Nays: 0)
4
Ordinance Adopted As Amended on Second Reading
Amending the Electrical Code
Following is the City Manager's memorandum and recommendation on
this item:
"Ordinance No. 28 was adopted on first reading at the March 15th
meeting. At the March 29, 1977, meeting the second reading was
tabled pending further study by the staff of the entire contractor
licensing fee schedule. At the same time the City Council asked
the City Administration to meet with the various contractors to
discuss .the entire fee schedule. These meetings have been held
along with meetings of the Building & Contractors Licensing Board.
This entire matter was discussed at the April 26th, 1977, Council
meeting. Enclosed is another copy of the memo on this subject
from William E. Waldo, Chief Building Inspector. This memo will
refer to Ordinance No. 28 and various other ordinances necessary
to adjust the other contractors' fees.
73 J
This amending of the electrical Code was initially brought to
the Council's attention by the City Attorney because of several
court rulings. The Colorado Court has held our present licensing
requirement invalid and it is, therefore, necessary to change
the procedure to require registration. This ordinance provides
for the registration of electricians.
Because of the meeting of the staff with the various contractors,
there are several changes in Ordinance No. 29. The last part
of 47-9C should be changed from "$15 per year, such fee shall
be applicable to all electricians
state license held." to "An annual
registering under state master's o
$5 for any person registering as a
also been added as follows: "This
on the first day of June 1977."
regardless of any type of
fee of $10 for any person
r journeyman's license, and
n apprentice." Section 6 has
ordinance shall take effect
Recommendation: The Administration recommends the following
action in connection with Ordinance No. 28, 1977:
A. Adopt a motion amending Section 47-9 C in Section 2 of the
Ordinance by deleting the portion lined out and adding the
portion in capitals, and adding Section 6.
B. Adopt the Ordinance on second reading as amended."
Councilman Russell made a motion, seconded by Councilwoman Gray
to amend the Ordinance as recommended by the administration
(Section A). Yeas: Councilmembers Bloom, Bowling, Gray, Russell,
St. Croix and Suinn. Nays: Councilman Wilkinson.
Councilman Russell made a motion, seconded by Councilman St. Croix
to adopt Ordinance No. 28, 1977 on second reading as amended.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix
and Suinn. Nays: Councilman Wilkinson.
ORDINANCE NO. 23, 1977
BEING AN ORDINANCE AMENDING CHAPTER 47 OF THE
CODE OF THE CITY OF FORT COLLINS RELATING TO
ELECTRICAL INSTALLATIONS AND LICENSING OF
ELECTRICIANS, AND REPEALING SECTIONS 47-5,
47-11, 47-12 AND 47-13 OF THE CODE
OF THE CITY OF FORT COLLINS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
1 7A
Section 1. That Section 47-4 of the Code of the City
of Fort Collins be, and the same hereby is, amended to read
as follows:
"§ 47-4. Permits required for electrical construction
work.
"No person shall do any electrical contruction work,
including the installation of new electrical apparatus
or the repairing of electrical apparatus already in
use, unless such person has first applied for and
obtained a permit describing the scope of such work.
Such permit shall give the location of the work by
street and number and shall be countersigned by the
person under whose supervision the work is to be done.
No permits for electrical contruction work shall be
issued to anyone other than a person registered as an
electrical contractor in the City. Before any permit
is issued, the Building Inspector may require that such
plans and specifications of the proposed work be furnished
as are deemed necessary. No person, firm or corporation
shall allow any person not registered as an electrician
in the City to work on any electrical construction
project, except that this provision shall not apply to
any person entitled to a permit under the exception
contained in § 73-117B of Chapter 73 of this Code.
Where work for which a permit is required by this code
is proceeded with prior to obtaining said permit, the
fee specified shall be doubled, but the payment of such
double fee shall not release any person from the obliga-
tion to fully comply with the requirements of the code
in the execution of the work nor from any other penalties
prescribed herein. This provision shall not be construed
to apply to bona fide emergency work when it shall be
established to the satisfaction of the Chief Building
Inspector that such work was urgently necessary and that it
was not practical to obtain a permit therefor before the
commencement of the work. In all such cases, a permit must
be obtained as soon as it is practical to do so, and if
there be an unreasonable delay in obtaining said permit, a
double fee as provided herein.shall be charged. A delay
beyond the succeeding regular working day shall be deemed to
be unreasonable."
75
Section 2. That Section 47-9 of the Code of the City
of Fort Collins be, and the same hereby is, amended to read
as follows:
"S 47-9. Registration required for electricians.
"A. Any and all electricians must register with
the Building Inspection Department of the City before
engaging in any electrical construction work in the
City of Fort Collins. All registrations shall expire
on the 31st day of December of each year. It shall be
unlawful for any electrician to engage in electrical
construction work without being currently registered as
required herein, and it shall further be unlawful for
any person to employ any electrician in connection with
electrical construction work in the City who is not so
registered.
"B. Any person desiring to register as an electri-
cian in the City shall pay the registration fee herein-
after provided to the Director of Finance of.the City
and obtain a receipt showing payment of such fee. Upon
presentation of a current receipt from the Director of
Finance and a current state license (or registration in
the case of an apprentice or trainee) issued by the
State Electrical Board, the Building Inspector shall
register the applicant as an electrician authorized to
engage in electrical contracting work in the City.
"C. The registration fee to be paid in order to
register as an electrician in the City shall be an
annual fee of ten dollars ($10.) for any person registering
under a state master's or journeyman's license and five
dollars ($5.) for any person registering as an apprentice.
"D. Registrations shall be valid for the period
January 1 through December 31 of any year. There shall
be no proration of registration fees for portions of a
year."
Section 3. That Section 47-10 of the Code of the City
of Fort Collins be, and the same hereby is, amended to read
as follows:
"§ 47-10. Electrical contractors.
"A. For the purpose of this section, electrical
contractor means any person, firm, partnership, corpora-
tion, association or combination thereof who undertakes
or offers to undertake for another the planning, laying
out, supervising and installing or the making of addi-
tions. alterations and repairs and the installation of
76
wiring apparatus and equipment for electric light, heat
and power. A registered professional engineer who.
plans or designs electrical installation shall not be
classed as an electrical contractor.
"B. No person shall engage in the business of
contracting for the installation of electrical work in
the City without registering as an electrical contractor
with the Building Inspection Department of the City.
In order to register as an electrical contractor, the
person desiring to engage in such business must do the
following:
"l. Be licensed as a master electrician by
the State Electrical Board and registered as an electri-
cian in the City, or have an employee so licensed and
registered. The registration as an electrical contractor
shall be valid only so long as the person registered is
licensed as a master electrician by the State Electrical
Board or employs a person licensed as a master electri-
cian by such State Board.
"2. File with the Building Inspection Depart-
ment a good and sufficient corporate surety bond in the
penal sum of five thousand dollars ($5,000.) conditioned
that all electrical work installed by said electrical
contractor or his employees shall be in accordance with
the requirements of the ordinances of the City of Fort
Collins.
"3 Submit to the Building Inspector a list
of all employees working for the electrical contractor.
At least monthly after registration as an electrical
contractor, the contractor must advise the Building
Inspection Department of any changes in the list of
employees working for such contractor. All such employees
must at all times be registered as electricians."
Section 4. If any part, section, subsection, sentence,
clause or phrase of this ordinance or of any code or standard
adopted hereby is for any reason held invalid, such decision
shall not affect the validity of the remaining sections of
this ordinance or of said standards. The City Council
hereby declares that it would have passed this ordinance and
adopted said standards in each part, section, subsection,
sentence, clause or phrase thereof, irrespective of the fact
that any one or more parts, sections, subsections, sentences,
clauses or phrases be declared invalid.
77
r
Section 5. That Sections
of the Code of the City of Fort
hereby are, repealed.
47-5, 47-11, 47-12 and 47-13
Collins be, and the same .
SECTION 6. THIS ORDINANCE SHALL TAKE EFFECT ON THE
FIRST DAY OF JUNE, 1977.
Introduced, considered favorably on first reading, and
ordered published this 15th day of March, A.D. 1977, and to
be presented for final passage on the 3rd day of May, .
A.D. 1977.
ATTEST:
City Clerk ,
Passed and adopted on fin
May, A.D. 1977.
ATTEST -
City Clerk
f` .
al reading this 3rd day of
Ax A14190
Mayo
First Reading: March 15, 1977
Second Reading: May 3, 1977
Dates Published: March 20, 1977
Attest:. �+
i
City Cler
a 78
(Vote: Yeas:
(Vote: Yeas:
and May 8, 1977
4, Nays: 1)
6, Nays: 1)
Ordinance Adopted As Amended on Second Reading
Imposing an Occupation Tax on Electrical Contractors
Following is the City Manager's memorandum on this item:
"Ordinance No. 29, 1977, is the companion to Ordinance No. 28,
1977, and provides for imposing an occupational tax on electrical
contractors.
In Section I the $250 amount is reducedto $175. The effective
date of the Ordinance is changed from the fifteenth day of April
to the first day of June, 1977."
Councilman Russell made a motion, seconded by Councilman Suinn to
amend the ordinance by changing the $250 amount to $175 in two
places in Section I and to change the effective date in Section V
from the fifteenth day of April to the first day in June, 1977.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
Councilwoman Gray made a motion, seconded by Councilman Bowling
to adopt Ordinance No. 29, 1977 on second reading as amended.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
ORDINANCE NO. 29, 1977
BEING AN ORDINANCE CONCERNING REVENUE AND
IMPOSING A BUSINESS AND OCCUPATION TAX ON
PERSONS CONDUCTING THE BUSINESS OF
AN ELECTRICAL CONTRACTOR
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1. Levy of Tax. There is hereby levied against
any person engaged in the business of being an electrical
contractor in the City of Fort Collins a tax on the privilege
of engaging in such business. The amount of such tax shall
be $175.00 for the portion of 1977 remaining after the
effective date of this ordinance and $175.00 annually for
each subsequent year.
Section 2. Payment of Tax. The tax levied by this
ordinance shall be due on the 1st day of January of each
year except 1977. The tax for the year 1977 shall be due
upon the effective date of this ordinance.
70 1
Section 3. Failure to Pay. If any person subject to
this ordinance fails to pay any tax due hereunder on the
date the same is due, the entire amount of such tax shall
bear interest at the rate of ten percent (10%) per annum
from the date of default of payment and shall be collectible
as a debt due and owing to the City by civil action in any
court of competent jurisdiction. In addition, the failure
to pay any tax due hereunder shall be a violation of the
ordinances of the City of Fort Collins, punishable as provided
in Section 1-23 of the Code of the City of Fort Collins.
Section 4. Proration.
the tax imposed hereby for
amount of tax shall be due
engages in the business of
City.
There shall be no proration of
any partial year and the full
regardless of the date any person
electrical contracting in the
Section 5. Effective Date. This ordinance shall take
effect on the first day of June, 1977, and the first payment
of the tax levied by this ordinance shall be due on such
date.
Introduced, considered favorably on first reading, and
ordered published this 15th day of March, A.D. 1977, and to
Introduced, considered favorably on first reading, and
ordered published this 15th day of March, A.D. 1977, and to
be presented for final passage on the 3rd day of May,
A.D. 1977.
ATTEST:
Ci y Clerk 1
Passed and adopted on final reading this 3rd day of
Ma A D 1977
Y,
ATTEST
City Clerk
1 80
First Reading: March 15, 1977 (Vote: Yeas: 4, Nays: 1)
Second Reading: May 3, 1977 (Vote: Yeas: 7, Nays: 0)
Dates Published: March 20, 1977 and May 8, 1977
Attest: %., •.
City Cler
Ordinance Adopted on First Reading Relating
to the Oualifications of Plumbers
Following is the City Manager's memorandum on this item:
"In connection with the study and review of the contractor's
licensing and occupation taxes the recommendations included
revisions to the fees and taxes charged to plumbers. Although
the State law revisions have not yet extended to the plumbing
field, it seems likely that this will be done in the future.
Therefore, the provisions relating to plumbers have been changed
to correspond with the changes made in the electrician area."
Councilwoman Gray made a motion, seconded by Councilman Suinn to
adopt Ordinance No. 50, 1977 on first reading. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
Ordinance Adopted on First Reading Imposing
an Occupation Tax on Plumbing Contractors or
Mechanical Contractors
Following is the City Manager's memorandum on this item:
"The changes in the occupation tax for plumbing and mechanical
contractors is part of the overall review of the entire evaluation
of the various construction professions. The original recommenda-
tion was for $250. This was reduced after meeting with the
contractors and the Licensing Board to $125."
Councilman Russell made a motion, seconded by Councilman Suinn to
adopt Ordinance No. 51, 1977 on first reading. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
Ordinance Adopted on First Reading Imposing
a Business and Occupation Tax on Heating
and Air -Conditioning Contractors
Following is the City Manager's memorandum on this item:
81 9
"In connection with our recent review of all of our occupation
taxes and permits on the various construction professions, there
was a need to have an occupation tax on heating and air-condi-
tioning contractors. Ordinance No. 52, 1977, provides for a
$125 annual occupation tax. If there is a license fee already
paid, there are provisions that part of this will be credited
against the occupation tax."
Councilwoman Gray made a motion, seconded by Councilman Suinn
to adopt Ordinance No. 52, 1977 on first reading. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
Ordinance Adopted on First Reading Relating
to the Classes of Licenses and Fees for
Buildina Contractors
Following is the City Manager's memorandum on this item:
"In connection with the overall evaluation of the licenses, fees
and occupation taxes for the various building and construction
trades, the following changes were recommended in the fees:
(1)
General
Contractor's License
(Unlimited)
from $125 to $225
(2)
Limited
Contractor's License
from $75 to
$175
(3)
Special
Contractor's License
from $50 to
$70
(4)
Jobbing
Contractor's License
from $15 to
$30
(5) An additional subsection "F" has been added to provide
for a new Mechanical Contractor's License at $50."
Councilman Suinn made a motion, seconded by Councilwoman Gray
to adopt Ordinance No. 53, 1977 on first reading. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
(Secretary's Note: This item was reconsidered, amended, then
adopted as amended later in the meeting.)
82
Ordinance Adopted on First Reading Relating
to Sheet Metal Workers' Licenses and Fees Therefor
Following is the City Manager's memorandum on this item:
"In connection with our recent review of all of our occupation
taxes and permits on various construction professions, there
was a need to have a license fee for all sheet metal workers.
Ordinance No. 54, 1977, provides a license fee of $10 for all
master or journeyman sheet metal workers and $3 for all apprentice
sheet metal workers."
Councilman Suinn made a motion, seconded by Councilman Bowling
to adopt Ordinance No. 54, 1977 on first reading. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
Ordinance Adopted on First Reading
Relating to Licenses for Gas Fitters
and Fees Therefor
Following is the City Manager's memorandum on this item:
"In connection with our recent review of all of our occupation
taxes and permits on various construction professions, there
was a need to have a license fee for all gas fitters. Ordinance
No. 55, 1977, provides a license fee of $50 for a master's license,
$10 for a journeyman's license, and $5 for an apprentice license."
Councilman Bowling made a motion, seconded by Councilman Suinn to
adopt Ordinance No. 55, 1977 on first reading. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
Meeting with Duane Miller of CSU on
Planning Parks for Urban Growth
Following is the City Manager's memorandum on this item:
"Dr. Duane Miller, a professor at CSU, prepared the original
Planning Parks for Urban Growth for the City of Fort Collins.
This was part of his Doctor's dissertation. Recently, Dr. Miller
discussed with us the possibility of having one of his classes
update this report. Dr. Miller had one of his classes prepare
the basic data on this program. At the time he embarked on this
program we told him that we would have his class make the pre-
sentation to Council during this semester. The May 3, 1977, date
appears to be the last time that we could effectively have the
83
L
students make this presentation. They made a practice presenta-
tion before the Parks and Recreation Board at its April 26, 1977,
meeting. Dr. Miller will be preparing the final written report
in the next three to four weeks."
Dr. Miller's class presented an hour presentation on the update
of the report.
Citizen Participation
Presentations of plaques of appreciation to Earl Wilkinson and
Peggy Reeves for their service on the City Council were presented.
The following proclamations were presented:
Better Hearing and Speech Month
May, 1977
Municipal Clerk's Week
May 9-15, 1977
John Amos Week
May 9-14, 1977
National Salvation Army Week
May 9-15, 1977
10
The following students from Lincoln Junior High School spoke to
their desire to have City Council prohibit the sale of pornographic
material involving children:
1. Pam Gustafson
2. Claire Morel-Seytoux
3. Dennis Gile
4. Chris Glanton
5. Debbie Leming
6. Ms. Dinkelman
Reconsideration of Ordinance No. 53. 1977
Mayor Bloom stated the Council would go back to item 21, "Hearing
and First Reading of Ordinance No. 53, 1977, Relating to the
Classes of Licenses and Fees for Building Contractors."
Councilman Bowling made a motion, seconded by Councilman Wilkinson
to reconsider action taken on Ordinance No. 53, 1977. Yeas:
Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
City Attorney March then stated if Council desired to change the
ordinance it should read as follows:
84
"Revised Section VI:
This ordinance shall be effective on June 1, 1977. In
case of any license in effect on such date only the prorata
amount of any increase in the license fee representing the
fraction of a full year which such license will be in effect
shall be due. Initial mechanical contractors' licenses shall
be issued so that the term of the license coincides.with
the term of the licensee's registration as a plumbing con-
tractor, and the license fee shall be prorated, based upon
the term of the license."
Councilman Wilkinson made a motion, seconded by Councilwoman Gray
to amend Ordinance No. 53, 1977 read by the City Attorney (above).
Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and
Wilkinson. Nays: None. (Councilman Russell out of room.)
Councilman Bowling made a motion, seconded by Councilman Wilkinson
to adopt Ordinance No. 53, 1977 as amended on first reading.
Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and
Wilkinson. Nays: None. (Councilman Russell out of room.)
Ordinance Adopted on First Reading Amending
the Zoning Ordinance with Regard to Regulating
Certain Adult Uses
Following is the City Manager's memorandum on this item:
"At its April 19, 1977, meeting the Fort Collins City Council
tabled consideration of first reading of Ordinance No. 43, 1977.
At that time the ordinance Drovided that various adult uses
would only be allowed in C-Commercial District zones. The City
Council decided that the C-Commercial was inappropriate for this
type of use and they requested that the ordinance be changed to
provide for the adult uses in the H-B, Highway Business District
zone."
Dennis Gile, student at Lincoln Jr. High School, requested the
footages be expanded from 1,000 feet to 1,500 feet for establishments
of more than one use of certain types of business. City Attorney
March stated the ordinance, as drawn, is legally defensible.
Councilman Bowling made a motion, seconded by Councilwoman Gray
to adopt Ordinance No. 43, 1977 on first reading. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
Ordinance Tabled on First Reading Creating
and Organizing Water Main Improvement District No. 7
Following is the City Manager's memorandum on this item:
85
"At the March 15, 1977, meeting the City Council took initial
action in regard to Water Main Improvement District No. 7.
This District would provide for the installation of a water
main on West Elizabeth from Overland Trail to Timber Lane. The
Engineering Services Department received a petition from a
property owner which would allow this District to be initiated
by petition; however, the petition requirements are based upon
the area of property served. Otherwise, the proposal from
Engineering (consistent with past practice) is to assess on
the basis of front footage. Therefore, we recommend the proposal
of the Director of Engineering Services to form a City initiated
District.
At the March 15, 1977, meeting the City Council also took the
following action:
1. Adopted the resolution accepting the recommendation of the
Director of Engineering Services to initiate the District.
2. Received a report from Don Parsons, City Engineer.
3. Adopted the second resolution approving the plans and speci-
fications and other details as set forth in the report from
the City Engineer. This second resolution also called for a
public hearing on this matter on May 3,1977, at 5:30 p.m.
There is some confusion and difficulties regarding this District.
Part of the area is in the Fort Collins/Loveland Water District.
We have received several objections to this project. At the
Council meeting we will discuss in more detail the justification
and problems in connection with this area. The purpose of the
public hearing is for the Council to make a final determination
as to whether or not we should continue with the project."
Director of Engineering Services, Roy A. Bingman, and City Engineer
Donald Parsons spoke to details of the district and cost breakdown
of the district.
City Attorney March stated three remonstrances had been received;
and read the following protest into the record:
a 86
IN THE MATTER OF THE PROPOSED )
WATER MAIN IMPROVE14ENT DISTRICT
NO. 7 )
PROTEST
We, the undersigned residents of Fort Collins, having
been included within the limits of Water Main Improvement
District No. 7, hereby respectfully enter our protests to
the proposed improvement district. It is our collective
belief that the proposed improvements offer absolutely no
benefits to the overwhelming majority of the residents to
be assessed. We further feel that said assessments levied
against all, and to the benefit of but a few, constitutes
an economic injustice to the unbenefitted residents of the
district.
The proposed improvements offer no benefits to protestants
Prochnow, Smith, Sperry, Barnes, Elias, and in that all of
these residents are presently being adequately serviced by
the Fort Collins -Loveland Water District. These homes have
all been served by Fort Collins -Loveland for many years and
the experience with this Company has shown that they provide
good service at fair and reasonable rates. Installation of
a second water main along West Elizabeth from Overland Trail
to the irrigation ditch affords these people no additional
1
I
87 8
utility benefits, and as such, these people should not be
expected to pay for any such project. We feel that dual
utility service is economically unfeasible, nonbeneficial,
and is unduly discriminatory to those residents against whom
assessments are made. With regard to protestants Moya and
Stevens, it is our belief that the City is also working an
undue economic hardship on these people. The homes owned by
these residents are already being served by City water.
An additional water main will not provide them any extra service,
and we therefore believe, that it is unreasonable for the City
to expect these people to pay for a second main that will
primarily benefit only the original petitioner, Mr. Edward Jaerger.
Mr. Jaerger owns two pieces of property along West Elizabeth
and uses these properties for rental units. Installation of
this main will provide service to these two lots and thus
increase the value of Mr. Jaerger's property. He may,of course,
recover his assessment outlay -by raising the rent to his tenants.
The unbenefitted residents receive no property appreciation
nor may they in turn pass on the assessment costs.
In a memorandum written by Roy Bingman to Robert Brunton
dated March 10, 1977r Mr. Bingman in his capacity as Engineering
Services Director recommends that the improvement district be
initiated by the City. He further states that "...the water
line is needed to provide adequate water service to this general
a 88
portion of the city..." We, the protestants, would argue that
if the City Engineering Department is planning to use this main
to increase water pressure to the general portion of the city,
specifically those areas lying to the north and south of West
Elizabeth along Rocky Road and Timber Lane, then the boundaries
of the water district are improperly drawn and they should be
redrafted to include all of those areas actually. receiving
increased pressure. We believe that this request is in
accordance with Section 16-5A of the City Code which states
A public work or improvement, the cost of
which, in whole or in part, is to be
assessed against the property specially
bene£itted thereby, may be initiated by
the City Council on recommendation of the
Director of Pubic Works or on petition
of the property owners to be affected
We, the undersigned, do not feel that this proposed water
main specially benefits our property. We therefore, respectfully
request that the members of the City Council, by their votes,
defeat 'Hater Main Improvement District No. 7 as proposed,
77
rloya r.-/oTevens, •!r.
2800—W. Elizabeth
uaniel E./max.ine V Moya
27 0 Elizabeth 9
Mike/'Carolyn Elias
2922 W. Elizabeth
89
r
Broda O./Charlotte W. Barnes
2838 W. Elizabeth
Veronica Sperry
2835 W. Elizabeth
na
pica hl rn u�_
.� 4 •L/ GG �/i G �/3 �y
Robert R./Frances L. Proc
2939 W. Elizabeth
W
rwa rau.wa- Liau0
i
�� �L1�l�e==-�a9
hard
L.
artlett
PO
Box
2381,
Ft, Collins
Submitted
a 90
y-�-»
City Attorney March stated further the properties in question
represent more than 50`/, of the frontage which would be assessed
in the district and accordingly, under the provisions of the
ordinance in order to initiate the district, it will be necessary
for the Council, by a two-thirds vote, to make a determination
that the public interest requires the making of the proposed
improvements.
Director of Water and Sewer Utilities Roger Krempel spoke to the
need for the improvement and to the City's participation in this
district. City Manager Brunton recommended the Council proceed
with the hearing and refer the matter back to staff to attempt
to come forward with a plan to abate the charge to people who
are on the Fort Collins/Loveland Water District, until such a
time as they come onto the City system.
Mayor Bloom then declared the hearing open; the following persons
spoke in opposition to being included in the district:
1. Leland H. Smith, 3001 W. Elizabeth
2. Evelyn Minatta, 2621 W. Elizabeth
3. Robert Prochnow, 2939 W. Elizabeth
4. Mike Elias, 2922 W. Elizabeth
Mayor Bloom declared the hearing closed.
Councilman Bowling made a motion, seconded by Councilman Suinn to
refer this matter back to the staff and table the hearing and
first reading of the ordinance to June 7, 1977. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
Ordinance Tabled on First Reading Relating
to the Creation and Organization of Sanitary
Sewer Improvement District No. 59
Following is the City Manager's memorandum on this item
"Sanitary Sew
Mulberry Stre
sanitary sewe
Services base
sanitary sewe
plated street
At the March
the following
1
er Improvement District No. 59 is located on West
et between Crestmore Drive and Taft Hill Road. This
r district was initiated by the Director of Engineering
d upon the needs in the area and the need to have a
r installed prior to the construction of the contem-
improvement district in the next several years.
15, 1977, meeting the Fort Collins City Council took
action:
(1) adopted a Resolution accepting the recommendations of
the Director of Engineering Services to initiate the
District
W
i�
1
(2) received the report from Don Parsons, City Engineer
(3) adopted the resolution approving the plans and speci-
fications and other details as set forth in the report
from the City Engineer.
At the same time the City Council established the public hearing
on this project for May 3, 1977, at 5:30 p.m."
City Engineer Donald Parsons, indentifed the area and stated there
is no City participation in this district. Mayor Bloom then declared
the hearing open.
The following persons spoke in opposition to being included in
this district:
1. Don Samuelson, 2025 West Mulberry
2. Lillian Hamilton, 2035 West Mulberry
Mayor Bloom declared the hearing closed.
Councilman Bowling made a motion, seconded by Councilman Russell
to refer this matter to the staff and table the hearing and first
reading of Ordinance No. 46, 1977 to June 7, 1977. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
IFLandings Residential P.U.D., Preliminary Plan
Approved
Following is the City Manager's memorandum on this item:
"The Landings Residential PUD is located immediately south of
Horsetooth Road and west of Warren Lake. The developer proposes
to have 166 single and multi -family units on this 43.7-acre site
zoned R-P, Planned Residential District, and R-L-P, Low Density
Residential District. There are various density factors in the
different areas with a total density of 2.7 units per acre.
At its April 11, 1977, meeting the Planning and Zoning Board voted
unanimously to approve this Preliminary Plan with several revisions
recommended by staff. The staff's recommendations were to include
in the site plan 15'/ common, active, recreational areas. Most of
the other changes were technical and minor in nature. The only
provision not met yet by the developer is the 15% common area.
We will discuss this matter in greater detail at the Council meeting.
It is hoped that the City and developer can come to an agreement
on this subject at the Council meeting. There are three suggested
alternates in resolving the matter. The Administration believes
it would be better to have smaller, individual lots and more
common areas to meet the requirements."
92
Planner II, Paul Deibel, identified the area in question and
recommended approval conditioned upon the developer complying
with the 15% requirement. City Attorney March stated the 15%
requirement could be met either by removing the estate lots
from the plan or making other adjustments or by applying for
a variance before the Zoning Board of Appeals.
Reid Rosenthal, developer, stated the intent had been to lower
the density and create a better environment. Under the ordinance
only 11 percent is classified as functional open space, thus
creating a hardship.
Councilman Suinn made a motion, seconded by Councilman Bowling
to approve the Landings Residential P.U.D., Preliminary Plan
conditioned upon the developer resolving the 15% open space
requirement. Yeas: Councilmembers Bloom, Bowling, Gray, Russell,
St. Croix, Suinn and Wilkinson. Nays: None.
Mayor Bloom declared a five minute recess at this time.
Stonehenge Residential P.U.D., Preliminary Plan
Conditionally Approved
Following is the City Manager's memorandum on this item:
"The Stonehenge Residential P.U.D. is located west of Lemay Avenue
south of Stuart and Riffenburgh School and north of Parkwood Sub-
division. The developer plans to develop a 133-unit, single-
family P.U.D. on a 43-acre site zoned R-L, Low Density Residential
District. The density is 3.2 units per acre. The Planning and
Zoning Baord at its April 11, 1977, meeting recommended unanimously
for approval, providing certain stipulations and details were
complied with. It is felt that the developer can meet all of the
requirements of the Planning and Zoning Board and staff."
City Manager Brunton stated this plan had the same problem as the
previous one.
Reid Rosenthal, developer, again spoke to the 15'/ requirements.
Councilman Bowling made a motion, seconded by Councilwoman Gray
to approve the Stonehenge Residential P.U.D., Preliminary Plan
conditioned upon the developer resolving the 15"/ open space
requirement. Yeas: Councilmembers Bloom, Bowling, Gray, Russell,
St. Croix, Suinn and Wilkinson. Nays: None.
Pinewood P.U.D. Preliminary Plan Approved
Following is the memorandum from the City Manager on this item:
93
"The Pinewood Residential P.U.D. is located south of Pinetree
Village Apartments between Stanford and Stover Streets. There
would be 20 duplex lots or 40 residential units on a 6.6 acre
site zoned R-M-P. This would be a density of 6.9 units per
acre. The plan calls for the duplexes to be constructed on
relatively small lots, but all have access to common open space.
At its April 11, 1977, meeting the Planning and Zoning Board
recommended unanimously for approval of the premliminary site
plan, providing that the necessary open space is included
within the legal area of the development, that all lots leave
access to greenbelt area, and that several minor technical
revisions are made. All of these revisions have been agreed
upon by the developer."
Mr. Ted Davis, applicant, stated he would answer questions
from Council.
Councilman Wilkinson made a motion, seconded by Councilman Bowling
to approve the Pinewood P.U.D. Preliminary Plan. Yeas: Council -
members Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays:
Councilmembers Bloom and Russell.
Wyco Industrial Plaza P.U.D., Preliminary Plan
ADDroved
1p Following is the City Manager's memorandum on this item:
"The Wyco Industrial Plaza PUD is located on the south side of
East Prospect Street east of Timberline Road. This 4.99-acre
site is zoned I-P, Industrial Park District.
The developer plans to construct four 10,000-square feet buildings
intended for heavy commerical and light industrial use. This
area will be surrounded by a larger subdivision that is now
under review. The Plan is consistent with the proposed Plan for
the larger subdivision. The developer has agreed to all of the
suggested changes made by the staff and the Planning and Zoning
Board. The Board recommended for approval subject to meeting all
of the conditions that were outlined."
Councilman Wilkinson made a motion, seconded by Councilman Bowling
to approve the Wyco Industrial Plaza P.U.D. Preliminary Plan.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
Mission Hills P.U.D., Preliminary Plan
Approved
Following is the City Manager's memorandum on this item:
9 94
"The Mission Hills Residential P.U.D. is located on the southwest
corner of Columbia Road and Lemay Avenue. The proposal is to
construct a 90-unit multi -family P.U.D. on a 7.6 acre site.
The density is 11.8 units per acre. The Planning and Zoning Board
recommended unanimously for approval of this subdivision."
Councilwoman Gray made a motion, seconded by Councilman Bowling
to approve Mission Hills P.U.D. Preliminary Plan. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
Glenmoor Subdivision, Preliminary and Final Plat
Approved
Following is the City Manager's memorandum and recommendation:
"The Glenmoor Subdivision is located on the east side of Glenmoor
Drive between Plum and Elizabeth Streets. The subdivision would
consist of 11 lots on a 2.402-acre tract zoned R-L, Low Density
Residential District.
At its March 14, 1977, meeting, the Planning and Zoning Board
unanimously recommended for approval of the Subdivision. The
Board recommended that Hinry Court be reduced from 40 to 32 feet.
This street should be adequate for a cul-de-sac, especially when
there are houses only on the south side. The Planning and Zoning
Board's recommendation that the required front yard setback for
two of the lots at the end of the cul-de-sac be reduced can only
be a recommendation to the Zoning Board of Appeals.
Recommendation: The Administration recommends that the City
Council approve the Preliminary and Final Plat of Glenmoor
Subdivision with the understanding that the street will be 32
feet wide."
Director of Planning, Lester Kaplan, spoke to storm water retention
on the site. City Attorney March stated there is a requirement
on this property that will require that Council permit that
retention strip to exist and that the City have control of it.
Councilman Bowling made a motion, seconded by Councilman Russell
to adopt the recommendation of the administration and require
that the storm water retention area be conveyed to the City.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
Proposed Street Improvement District No. 72
Mayor Bloom excused himself from discussion and voting on this
issue. Vice -Mayor Suinn assumed the Chair.
95
Following is the City Manager's memorandum and recommendation on
this item:
"Street Improvement District No. 72 is located on (1) the north
side of Drake Road from Stover Street to the east edge of Cotton-
wood Subdivision, (2) the south side of Drake Road from the east
edge of Scotch Pines, Sixth Filing to Lemay Avenue, (3) the west
side of Lemay Avenue from the west 1/4 corner of Section
30, Township 7 North, Range 68 West of the Sixth P.M. to the
south 1,313 feet of said 1/4 corner. This is a City -initiated
project. Enclosed are memorandums from Roy A. Bingman, Engineering
Services Director, and Don Parsons, City Engineer, with regard to
this project. The total cost of the project is estimated at
$250,702.34. The estimated City cost is $187,960.26. The majority
of the City cost will be covered by the use of Federal/State Urban
Systems money. This will require that the project be bid by the
State.
We are working with Woodward Governor to install the curb and
gutter, sidewalk and street improvements on the north of their
side of the property by private agreement. The concrete work
will go out for bid in the near future. The street base and
final bituminous mat will all be put in at one time. There is
also a possibility that the property owners of the former Vance
Farm might want to petition into this district. The City is the
abutting property owner for the corner of Drake and Lemay. It
would be better if we could finish this entire project at one
time; however, in order to proceed we had to exclude the property
owners of the Vance Farm.
Recommendation: The Administration recommends that the Council
take the fol ing action: (1) adopt the Resolution accepting
the recommendations of the Director of Engineering Services to
initiate the District; (2) receive the report from Don Parsons,
City Engineer, and make any inquiries the Council may have
regarding the proposed District; and (3) adopt a second Resolution
approving the plans and specifications and other details as set
forth in the report from the City Engineer and establish a public
hearing on June 7, 1977, at 5:30 p.m."
City Manager Brunton stated there would be some changes in both
resolutions because the First Christian Church has requested that
they be included in the district; further the City, as owners of
the fire station site would be included.
Following is the revised report of the City Engineer regarding the
details of the District:
96
61
The City Administration is recommending that the following streets. be in-
cluded in Street Improvement District No. 72, as provided for in Chapter 16
of the Code of Ordinances:
1. North side of Drake Road fran Stover Street to the East edge of
Cottonwood subdivision
2. South side of Drake Road from the East edge of Scotch Pines 6th
Filing to Lemay Avenue
3. West side of Lemay Avenue from 150 feet South of Holtz Drive to
Drake Road
4. East side of Lamy Avenue from the West quarter corner of Section
30, Township 7 North, Mange 68 West of the 6th P.M., to 1313 feet
South of said quarter corner.
5. East side of Lemay Avenue frorn the North right-of-way line o
Drake Road, south to a'point 1596.64 feet north of the west
quarter corner of Section 30, Township 7 North, Range 68 West
of the 6th P.M.
All of the assessable frontage in this district is the responsibility of
three organizations. All three of these organizations have indicated an interest
in initiating this district and are willing to dedicate the required right-of-
way and sign agreements waiving the limitation on assessed valuation.
A portion of the East Drake Road Storm Sewer is included in this project
to eliminate cutting the pavement in the near future. Preliminary design calls
for a 60-inch reinforced concrete pipe along the South side of Drake Road. The
cost of this construction is being designated as City cost so that it can be
assessed to the contributing area when the storm sewer district is formed.
The construction costs for the streets including the cost of street lighting
for this project are as follows:
Drake Street from Stover to Laney
Estimated construction cost: $250,702.34
Estimated City cast: $187,960.26
Oost per front foot: $ 25.13
Oust per front foot (including 178): $ 29.41
97
Lamy from Boltz.to Drake
Estimated construction cost: .-•-;------ $328,155.11
Estimated City cost: .-�^-^,=^ 05 $164,687.79
Cost per front foot: $ 28.72
Cost per front foot (including 178): $ 33.60
The city's contribution to the cost is based on the following:
1. Pavement, base and groing in excess of a local street width and
depth
2. Sturm sewer constructiop
3. one-half of the paving costs at intersections
4. City owned frontage,
Street Improvement District No. 72 has been approved for Urban Systems
funding by the State Highway Departimnt for a total of $190,000.00.
That portion of the construction adjacent to Woodward Governor will be
constructed under the same contract but will not be included in the improvement
district. Woodward Governor will pay the City directly for these improvements
under a prior agreement.
In order to proceed with the inprovement district, it is necessary for
the City Council to adopt the plans, specifications and cost estimates for the
district, and publish notice of the district.
It is also necessary to provide for the administrative expense of process-
ing the district. The following are reocauended percentages of the total cost
to cover each portion of the expense:
Engineering 6%
Legal & Publication 2%
Interest During Construction 48
Collection & Certification to the County 58
TOTAL 17%
In addition, the Council must set forth the period over which the cost of
the improvements may be paid and the rate of interest which will be earned with
the installments. It. is reoonxRerded that these be ten years and eight percent.
98
City Clerk Verna Lewis read the resolution by title.
Councilman Bowling made a motion, seconded by Councilman Wilkinson
to amend the resolution on page 2 by adding the following section:
"E. The East 1/2 of Lemay Avenue from Drake Road south
to a point 1596.64 feet north of the west quarter
corner of Section 30, Township 7 North, Range 68
West of the 6th P.M."
Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn
and Wilkinson. Nays: None. (Mayor Bloom out of room.)
Councilman Wilkinson made a motion, seconded by Councilman Bowling
to adopt the resolution as amended. Yeas: Councilmembers Bowling,
Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None.
(Mayor Bloom out of room.)
RESOLUTION' 77-30
OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPTING A
RECOMMENDATION FROM THE DIRECTOR OF ENGINEERING SERVICES
EX OFFICIO THE DIRECTOR OF PUBLIC WORKS REGARDING THE
INITIATION OF A SPECIAL IMPROVEMENT DISTRICT, STATING
THE NEED FOR, THE NATURE OF, AND THE LOCATION OF THE
IMPROVEMENTS TO BE MADE, DESCRIBING THE AREA TO BE
ASSESSED FOR THE SAKE, AND DIRECTING THE CITY ENGINEER
TO PREPARE AND PRESONT TO THE CITY COUNCIL THE NECESSARY
INFORMATION FOR THE FORMATION OF SAID DISTRICT
WHEREAS, the Director of Engineering Services ex officio
the Director of Public Works has recommended to the City
Council that a special improvement district be created for
the purpose of installing certain public improvements in the
City; and
WHEREAS, the City Council has received such recommenda-
tion and desires to cont;nue with the formation of such
special improvement district.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF FORT COLLINS:
Section 1. That the recommendation of the Director of
Engineering Services ex officio the Director of Public Works
is hereby received an$ accepted.
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Section 2. That the improvements to be constructed are
the following: The installation of concrete curb, gutter
and sidewalk, asphalt pavement, street lighting and storm
drainage facilities on streets in the district, and that
such improvement is needed in order to facilitate thd'use of
said street, increase the safety for persons using said
street, decrease the regyired maintenance on said street,
and provide better lighting on such street.
Section 3. The location of the improvements to be made
is as follows:
A. The North �/2 of Drake Road from Stover Street
east to the east boundary of the Cottonwood Subdivision.
B. The South 1/2 of Drake Road from the East
boundary of Scotch Pines subdivision, Sixth Filing, east to
Lemay Avenue.
C. The West 1/2 of Lemay Avenue from a point 150
feet South of the South line of the right-of-way of Boltz
Drive north to Drake Road.
D. The East 1/2 of Lemay Avenue from the West 1/4
corner of Section 30, Township 7 North, Range 68 West of the
6th P.M. south to a point 1,313 .feet south of such West 1/4
corner.
E. The East 1/2 of Lemay Avenue from Drake Road
south to a point 1596.64 feet north of the west quarter corner
of Section 30, Township 7 North, Range 68 West of the 6th P.M.
Section 4. The City Engineer is hereby directed to
prepare and present to the Council the following:
A. Preliminary plans and specifications of the
improvements proposed.
B. An estimate of the total cost of such improve-
ments, including the Cost of constructing the same, engineering,
legal and advertising casts, interest during construction
and until assessments are made by ordinance against the
properties benefited, an4 other incidental costs.
C. A map of the district to be assessed for the
cost of the improvements:',`
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Section 5. The City Council hereby finds and determines
that the improvements proposed to be installed on all of the
locations designated under Section 3 above are substantially
the same, and such improvements are to be consolidated into
one improvement district to be known as Consolidated Street
Improvement District No. 72, but each separate location as
designated in Section 3 Above shall be considered as a
separate area for the purpose of remonstrance and assessment.
Passed and adopted 4t a regular meeting of the City
Council held this 3rd day of May, 1977.
ATTEST•
POP
City erk
Vice Mayor Suinn acknowledged the receipt of the revised report
of the City Engineer.
City Clerk Verna Lewis read the resolution by title.
Councilman Wilkinson made a motion, seconded by Councilman Bowling
to amend the resolution on the first page by substituting in the
last line the word "paving" for "painting", by changing the costs
of improvements to Lemay Avenue, on page 2 from $131,512.85 to
$164,687.79 and by adding to Section 3; part "E" to the notice on
page 2, and by changing the cost of the improvements to Lemay
Avenue on part "B" by substituting the figures $328,155.11 for
the figures $278,542.99. Yeas: Councilmembers Bowling, Gray,
Russell, St. Croix, Suinn and Wilkinson. Nays: None. (Mayor
Bloom out of room.)
Councilwoman Gray made a motion, seconded by
to adopt the resolution as amended. Yeas:
Gray, Russell St. Croix, Suinn and Wilkinson
(Mayor Bloom out of room.)
Councilman Wilkinson
Councilmembers Bowling,
. Nays: None.
1
4
101 j
RESOLUTION 77-31
OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE
REPORT OF THE CITY ENGINEER ON THE ESTIMATES, COSTS AND
ASSESSMENTS FOR CONSOLIDATED STREET IMPROVEMENT DISTRICT
NO. 72, APPROVING THE DETAILS AND SPECIFICATIONS FOR
SUCH PROPOSED DISTRICT, DETERMINING THE AMOUNT OR
PROPORTION OF THE TOTAL COST TO BE PAID BY A METHOD
OTHER THAN ASSESSMENTS AGAINST PROPERTY IN THE DISTRICT,
THE NUMBER OF INSTALLMENTS AND THE TIME WITHIN WHICH
THE COST OF THE IMPROVEMENTS ASSESSED AGAINST PROPERTY
IN THE DISTRICT WILL BE PAYABLE, THE RATE OF INTEREST
TO BE CHARGED ON UNPAID INSTALLMENTS, THE PROPERTY TO
BE ASSESSED FOR THE IMPROVEMENTS, THE METHOD OF MAKING
SUCH ASSESSMENTS, AND THE DATE WHEN THE COUNCIL WILL
HOLD A HEARING AND CONSIDER THE ORDERING BY ORDINANCE
OF THE PROPOSED IMPROVEMENTS
WHEREAS, heretofore the City Council by resolution
directed the City Engineer to make a complete survey of
proposed Consolidated Street Improvement District No. 72,
including the preparation of a map, plans and specifications,
and estimate of cost of the improvements in said proposed
district; and
WHEREAS, the City Engineer has made his report and has
presented the details ant specifications for the proposed
district.
NOW, THEREFORE, BE FT RESOLVED BY THE COUNCIL OF THE
CITY OF FORT COLLINS:
Section 1. That the report, plans, specifications, map
and estimate as presented by the City Engineer for said
district be and the same hereby are accepted and approved.
Section 2. The following amount or proportion of the
total cost of such improvements shall,be paid by the City at
large and not by assessments against property in the district,
to -wit: All costs relating to installation of asphalt
street pavement representing the cost of improving the
street to a width greater than a residential street (40
feet) and all such costs relating to improvement of .such
street to arterial street specifications and requirements as
opposed to normal residential street specifications; all
costs relating to storm sewer construction, one-half of the
cost of paving intersootions, and the City's share of any
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costs on account of City ownership of property adjoining the
streets improved. The amount of such City cost shall not
exceed the following:
A. Improvementp to Drake Road: $187,960.26.
B. Improvementp to Lemay Avenue: $164,687.79
Section 3. The property to be assessed for the improve-
ments shall be as follows': Those properties abutting upon
the streets to be improved in the district, to -wit:
A. The North 1/2 of Drake Road from Stover Street
east to the east boundary of the Cottonwood Subdivision.
B. The South 1/2 of Drake Road .from the east
boundary .of Scotch Pines Pubdivision, Sixth Filing, east to
Lemay Avenue.
C. The West 1/2 of Lemay Avenue from a point 150
feet south of the south line of the right-of-way of Boltz
Drive north to Drake Road.
D. The East 1/2 of Lemay Avenue from the West 1/4
corner of Section 30, Township 7 North, Range 68 West of the
West 1/4
6th P.M. south to a point 1,313 feet south of such
corner.
E. The East 1/2 of Lemay Avenue from Drake Road south
to a point 1596.64 feet north of the west quarter corner of
Section 30, Township 7 North, Range 68 West of the 6th P.M.
Section 4. Assessments for.the cost of installing the
improvements in the district will be made as follows: Upon
all the lots and lands abutting on the streets improved in
proportion as the frontage of each lot or tract of land is
lands improved, with each
to the frontage of all lots and so
street specifically itemieed in Section 3 above to be considered
a separate unit for purposes of assessments.
Section 5. Said assessments shall be payable in ten
(10) equal annual installments, with interest on the unpaid
installments at the rate of eight percent (87) per annum.
Section 6. That on the 7th day of June, 1977, at the
hour of 5:30 o'clock P.M „ or as soon thereafter as the
matter may come on for hearing, in the Council Chambers of
the City Hall, City of Fqrt Collins, is the date on which
the Council of the City qi Fort Collins will consider the
ordering by ordinance of the proposed improvements and hear
all complaints and objections that may be made and filed in
writing concerning the proposed improvements by the owners
of any real estate to be Rssessed or any persons interested
generally.
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Section 7. The City Clerk be and she hereby is directed
to give notice by publipation and mailing to the owners of.
property to be assessed apd to all interested persons generally,
all as set forth in Chaptpr 16 of the Code of the City of
Fort Collins.
Passed and adopted 4t a regular meeting of the City
Council held this 3rd day`of May, 1977.
45. / ....
ATTEST
City Clerk
Ordinance Adopted on First Reading.Relating
to Specific Maximum Densities in Planned
Residential Districts
Following is the City Manager's memorandum on this item:
"Enclosed is a memo from Les Kaplan, Planning Director, with
regard to specific maximum densities and planned residential
zoning districts. We have the maximum density provision in
our conventional zoning but do not have it in all cases in
the P.U.D. In order to clarify the situation and make this
situation comfortable, the staff recommends that we pass an
ordinance to provide for maximum density in all P.U.D. zones.
The maximum densities are as follows:
R-L-P, Low Denisty Planned Residential District - 6 units/acre
R-P, Planned Residential District - 12 units/acre
R-M-P, Medium Density Planned Residential District - 20 units/
acre
This matter has been discussed with the Planning and Zoning Board
at their last meeting."
Councilman Suinn made a motion, seconded by Councilman St. Croix
to adopt Ordinance No. 45, 1977 on first reading. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
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Ordinance Tabled on First Reading Amending
the Zoning Ordinance and Defining and Classifying
Restaurants for Zoning Purposes
City Manager Brunton stated the recommendation of the administra-
tion is that this item be tabled for two weeks at the request of
the restaurant owners.
Councilman Suinn made a motion, seconded by Councilman Wilkinson
to table Ordinance No. 48, 1977 on first reading to May 17, 1977.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
Ordinance Adopted on First Reading Relating
to Immobilization of Vehicles
Following is the City Manager's memorandum on this item:
"Our Police Department has been using a "boot" to immobilize
cars with excessive amounts of tickets. The use of this device
has been infrequent. However, several corporations within the
city have received and ignored parking tickets; and since it is
a corporation, a warrant cannot be issued. Both our Police
Department and Judge Tobin suggests that a wheel boot be used in
such cases. The ordinance allowing this action was passed in 1973
Recently we discovered that it is possible to remove the boot
in some circumstances. This Ordinance would prohibit the removal
of the boot from the car and make it a separate offense."
Councilman Suinn made a motion, seconded by Councilman Wilkinson
to adopt Ordinance No. 49, 1977 on first reading. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
Other Business
City Manager Brunton stated there is a bid for trees for the
downtown redevelopment. The low bidder is Kroh Nursery at $880.00.
Councilman Suinn made a motion, seconded by Councilwoman Gray to
award the low bidder. Yeas: Councilmembers Bloom, Bowling, Gray,
Russell, St. Croix, Suinn and Wilkinson. Nays: None.
105
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Adjournment
Mayor Bloom declared the meeting adjourned at 10:15 p.m.
ATTEST:
City Clerk
9 106