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HomeMy WebLinkAboutMINUTES-08/03/1976-RegularAugust 3, 1976 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, August 3, 1976, 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, Reeves, Suinn and Wilkinson. (Councilman Russell appeared during item i[4') Staff Members Present: Brunton, Bingman, Holmes, Thexton, Deibel, Kaplan, Phillips, Harding, Jones, Smith, Liley and Lewis. Also: City Attorney Arthur March, Jr. Minutes of Regular Meeting of July 20, 1976 Approved as Published Councilman Bloom made a motion, seconded by Councilman Suinn to ' approve the minutes of the regular meeting of July 20, 1976 as published. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None. Ordinance Adopted on Second Reading Relating to Police and Fire Alarms The required notice for this hearing was published in the Fort Collins Coloradoan on July 19, and July 26, 1976. Written notices were also mailed to alarm customers on June 30, 1976 and July 9, 1976 advising of the August 3, 1976 hearing date. Mr. Jerry Nix, Manager of Foothills Discount Liquor Store, inquired if Council would be adopting the entire ordinance as drawn and terminating City services on a given date. City Attorney March stated that Section 11 does terminate City service at a given date. Mr. Nix then spoke at great length in opposition to the City terminating the alarm monitoring service. Police Chief Ralph Smith spoke to the work load of the dispatchers in answering the current alarms and the probability of having to hire additional personnel should more alarms be added. 29 Mr. R. W. Osterhout, President of Guardian Security Services, spoke to the response time and added that the Association of Chiefs of Police recommend that the police agencies get out of the alarm business and leave it to private enterprise. Councilman Suinn made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 47, 1976 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: Councilwoman Reeves. ORDINANCE NO. 47 , 1976 BEING AN ORDINANCE ENACTING COMPREHENSIVE REGULATIONS RELATING TO ,BURGLARY, ROBBERY, FIRE, AND OTHER ALARMS, ESTABLISHING MINIMUM STANDARDS AND CONTROLS FOR SUCH ALARMS, AND THE BUSINESS OF INSTALLING, SERVICING AND MAINTAINING SUCH ALARMS, PROVIDING FOR THE TERMINATION OF ANY ALARMS NOW CONNECTED DIRECTLY TO THE CITY POLICE OR FIRE DEPARTMENTS, ADOPTING BY REFERENCE THERETO THE FOLLOWING CODES OR STANDARDS: UL STANDARD NO. 365 ENTITLED "STANDARD FOR SAFETY, POLICE STATION CONNECTED BURGLAR ALARM UNITS AND SYSTEMS" PROMULGATED BY UNDER- WRITERS LABORATORIES, INC.; UL STANDARD NO. 609 ENTITLED "STANDARD FOR SAFETY, LOCAL BURGLAR ALARM SYSTEMS" PROMULGATED BY UNDERWRITERS LABORATORIES, INC.; UL STANDARD NO. 611 ENTITLED, "STANDARD FOR SAFETY, CENTRAL - STATION BURGLAR -ALARM UNITS AND SYSTEMS" PROMULGATED BY UNDERWRITERS LABORATORIES, INC.; UL STANDARD NO. 634 ' ENTITLED "STANDARD FOR SAFETY, CONNECTORS AND SWITCHES FOR USE WITH BURGLAR ALARM SYSTEMS" PROMULGATED BY UNDERWRITERS LABORATORIES, INC.; UL STANDARD NO. 636 ENTITLED "STANDARD FOR SAFETY, HOLDUP ALARM UNITS AND SYSTEMS" PROMULGATED BY UNDERWRITERS LABORABOTIRS, INC; UL STANDARD NO. 639 ENTITLED "STANDARD FOR SAFETY, INTRUSION -DETECTION UNITS" PROMULGATED BY UNDERWRITERS LABORATORIES, INC.; UL STANDARD NO. 681 ENTITLED "STANDARD FOR SAFETY, INSTALLATION AND CLASSIFICATION OF MERCANTILE AND BANK BURGLAR -ALARM SYSTEMS" PROMULGATED BY UNDER- WRITERS LABORATORIES, INC.; AND UL STANDARD NO. 1023 ENTITLED "STANDARD FOR SAFETY, HOUSEHOLD BURGLAR ALARM SYSTEM UNITS" PROMULGATED BY UNDERWRITERS LABORATORIES, INC.; AND REPEALING ALL ORDINANCES OF THE CITY OF FORT COLLINS IN CONFLICT OR INCONSISTENT HEREWITH. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: 30 1 Section 1. Title and Purpose. A. Short Title. This ordinance shall be known and may be cited as the "alarm permit ordinance". B. Purpose. The purpose of this ordinance is to establish standards and controls concerning intrusion, robbery, fire and other alarm systems for businesses and agents within the City of Fort Collins, to require permits therefor, to establish fees, to establish and maintain effective and professional relations and communications between alarm companies, customers, appropriate City depart- ments and related individuals and firms. Section 2. Definitions. For the purpose of this ordinance, the words and phrases hereinafter set forth shall have the meaning set forth in this section unless it is apparent from the context that a different meaning is intended: ALARM BUSINESS: Means the business by any individual, partnership, corporation or other entity engaged in selling, leasing, renting, maintaining, servicing, repairing, testing,-* altering, replacing, moving or installing any alarm system in the City of -Fort Collins, or causing any alarm or alarm ' system to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed in or on any building, structure, or facility in the City, or any business acting as a receiver of such alarm or alarm system. ALARM SYSTEM: Means any mechanical or electrical (AC/DC) device or system which is designed or used for the detection of an unauthorized entry into a building, structure or facility or for the detection of fire or other hazard to life or property or used for mechanically or electronically alerting others to the commission of an unlawful act, whether installed within or without a building. Devices designed or used to register unmonitored alarms audible or visible on the interior only of the protected building, structure or area are not included within this definition, or within this, ordinance. APPELLANT: Means a person who takes and perfects an appeal to the City Council of any decision under this ordinance made by any part of the City Administration. APPLICANT: Means a person, firm or corporation who, or which files an application for a new or renewal permit or license as provided in this ordinance. 31 AUDIBLE ALARM: Means a device which generates an audible sound on the premises when it is actuated. CENTRAL STATION PROTECTIVE SYSTEM: A system, or group of systems, operated for its customers by a person, firm or corporation, in which the operations of electrical protection circuits and devices are transmitted, recorded in, maintained and supervised from a central location, having trained operators and guards in attendance at all times that have the duty to take appropriate action upon receipt of a signal or message, including the immediate relaying of messages by direct line to the communication center of the Fire Depart- ment or the Police Department and meeting the requirements of, and listed by, Underwriters Laboratories, Inc., or any other recognized testing laboratory. _ CITY: Means the City of Fort Collins. CITY COUNCIL: Means the City Council of the City of Fort Collins. DAY: Means a calendar day. DIRECT LINE: A telephone company supplied leased circuit or ring -down circuit leading directly to the communi- cations center of the Fire Department, the Police Department, ' Central Station, Modified Central Station or Answering Service that is for the use only to report emergency messages and signals on a person -to -person basis. FALSE ALARM: Means an alarm signal necessitating response by the Fort Collins Police Department or Fire Department where an emergency situation does not exist. LICENSED ANSWERING SERVICE: A telephone answering service which has obtained a license from the City by meeting certain standards and paying the required fee, so as to operate a telephone answering service that includes the service whereby trained employees in attendance at all times receive pre-recorded voice messages from automatic protection devices reporting an emergency at a stated location, and who have the duty to relay immediately by live voice any such emergency message over a special trunkline to the communi- cations center of the Fire Department or Police Department. MAINTENANCE CONTRACT: Means an agreement in writing with a licensed alarm business to perform servicing, repairing, altering, moving, installing, or maintaining of an alarm system for a certain contractual period of time. 32 1 MODIFIED CENTRAL STATION: A Central Station operated for its customers by a person, firm or corporation with a license obtained from the City by meeting certain standards and paying the required fee, as herein specified, which ' provides at all times monitoring and relay servicesfor customers in connection with automatic protection devices, but which does not provide all the services of a Central Station Protective System. NOTICE: Means written notice, given by personal service upon the addressee, or given by United States mail, postage prepaid, addressed to the person to be notified at his last known address. Service of such notice shall be effective upon the completion of personal service, or upon the placing of the same in the custody of the United States Postal Service. PERMITTEE: Means any person, firm, partnership, associa- tion, or corporation who, or which shall be granted a permit or license as provided herein, and his or its agents and representatives. PERSON: Means a natural person, firm, partnership, association, or corporation. SUBSCRIBER: Means any person who purchases, leases, contracts for or -otherwise obtains an alarm system, or obtains a contract for the servicing or maintenance of an ' alarm system from an alarm business. Section 3. Alarm Committee. The City Administration is authorized to form an Alarm Committee composed of repre- sentatives of the Police Department, Fire Department, Building Inspection Division and licensed alarm businesses, answering services and telephone company representatives, which shall act as an advisory body to the City Council to assist in determining policy concerning alarms. Section 4. Standards, Regulations and Duties. A. Promulgation of Standards and Regulations. Any alarm system installed within the City or any part of the same and all devices and agencies acting under this ordinance shall conform to the requirements of the standards herein- after adopted in this section. The City Building Inspection Department shall inspect and approve all alarm systems installed within the City and shall issue a permit for the same authorizing such system under this ordinance. Any system which does not meet the requirements of this ordinance shall not be approved and shall not be put in service until any deficiencies have been corrected and such correction approved by the City Building Department. 33 B. Construction Standards (Residential). All intrusion detection alarm systems and components thereof used in residential applications shall meet or exceed the require- ments of UL Standard No. 639 entitled "Standard for Safety, Intrusion -Detection Units" Promulgated by Underwriters Laboratories, Inc. and the requirements of UL Standard No. 1023 entitled "Standard for Safety, Household Burglar -Alarm System Units" Promulgated by Underwriters Laboratories, Inc. Additionally, all such systems shall include a standby power source as specified in said UL Standard No. 1023, Section 19. All fire alarm systems used in residential application shall meet or exceed Standard No. 43 of the Uniform Building Code of the City of Fort Collins. C. Construction Standards (Mercantile/Commercial). All intrusion detection alarm systems and components thereof used in mercantile or commercial building applications shall meet or exceed the requirements of the following standards promulgated by Underwriters Laboratories, Inc., to -wit: UL Standard No. 365 entitled "Standard for Safety, Police Station Connected Burglar Alarm Units and Systems", UL Standard No. 609 entitled "Standard for Safety, Local Burglar Alarm Units and Systems", UL Standard No. 634 entitled "Standard for Safety, Connectors and Switches for Use with Burglar Alarm Systems", UL Standard No. 639 entitled "Standard for Safety, Intrusion -Detection Units", as such standards are applicable to the particular application. All such ' systems shall include a standby power source as specified in said UL Standard No. 609, Section 61. All robbery (holdup) alarm units and systems used in mercantile or commercial building applications shall meet or exceed the requirements of UL Standard No. 636 entitled "Standard for Safety, Holdup Alarm Units and Systems" promul- gated by Underwriters Laboratories, Inc. All such systems utilizing manually operated switches to initiate an alarm such as push buttons shall use only switches that are protected from being accidentally engaged and which once engaged cannot be reset without a key or other control device. All such systems shall include a standby power source as specified in said UL Standard No. 636, Section 35. All fire and/or smoke detection alarm systems and components thereof used in mercantile or commercial building applications shall meet or exceed the requirements of Standard No. 43 of the Uniform Building Code adopted by the City of Fort Collins. 34 D. Installation Standards. All installation of alarm systems and components thereof shall be in accordance with the provisions and requirements of the Uniform Building Code, the National.Electrical Code, the National Fire Protection Association Code, as all of such codes are in effect in the City of Fort Collins, and the installation specifications set forth in the applicable standards set forth in Parts B and C above. All installation of protective wiring and devices connected to intrusion detection systems on mercantile or commercial premises and on mercentile, commercial or bank safes and vaults shall meet or exceed the requirements of.UL Standard No. 681, entitled "Standard for Safety, Installation and Classification of Mercantile and Bank Burglar -Alarm Systems Promulgated by Underwriters Laboratories, Inc. E. Performance Standards. All alarm systems shall be afforded a thirty (30) day .adjustment period commencing with the date of activation in order that the system may be brought to maximum efficiency. During that period of time, no false alarms shall be charged against the system; however, emergency response by appropriate public agencies of the City may be restricted or curtailed if in the determination of the Chief of that agency the number of false alarms becomes excessive. ' After the adjustment period ends, the criteria for {n determining the reliability of an alarm system shall be its performance. Any alarm system may be deemed "unreliable" should it signal more than: Two (2) false alarms in any 30 day period; or Four (4) false alarms in any 90 day period; or Six (6) false alarms in any 180 day period; or Eight (8) false alarms in any 360 day period. In the event of an excessive number of false alarms as herein indicated, the Chief of the Police Department or Fire Department may declare the alarm "unreliable" and restrict or curtail the response of that department to that alarm system until such time as the subscriber or alarm business can show a material change in circumstances. In the event that the alarm system deficiencies have not been corrected within thirty (30) days from the date the system was declared "unreliable", the City may suspend the system's Certificate of Compliance in accordance with the provisions of Section 9 of this ordinance. 35 F. Maintenance Standards. The Maintenance Contract. required for each alarm system shall be in writing and shall I be for the duration of the Certificate of Compliance (Alarm System), usually one year or fraction thereof. The Maintenance Contract shall provide for the following minimum services: 1. Repairs which may be necessary from time to time to maintain reliability and efficiency of the system, such as replacement of worn components, deteriorated batteries, etc.; and 2. Repairs which may be necessary due to an attack on the system, or an initiation of the system which results in damage to system components; and 3. Operational testing of all system components at least once every six months, with a complete report thereof being maintained on file by the Alarm Business maintaining the system. Said report shall be made available for inspection upon the request of any Police Officer, Fireman, City Building Inspector, or the system Subscriber. Trouble calls regarding an alarm system for which an Alarm Business has a Maintenance Contract shall be responded ' to on the same day if the call is received before 12:00 noon; trouble calls received by the Alarm Business after 12:00 noon shall be responded to as soon as possible and in no case later than the business day following receipt of the call (UL-365, Paragraph 43.5). All operational testing of alarm systems and/or components thereof shall be undertaken only after the monitoring agency has been notified of the impending test. If the alarm system is unmonitored and of the type that registers an alarm on the protected premises or transmits a pre-recorded message, no operational testing shall take place unless the Police Department has been notified of the impending test. G. Central Station Standards. A Central Station shall meet all the requirements of, and shall be listed by, Under- writers Laboratories, Inc., or other recognized testing laboratory, as a Central Station with appropriate inspection and certification by such laboratory. A Central Station shall carry liability insurance related to alarm monitoring and covering acts, errors, and omissions on the part of the Station's employees in a minimum amount of $300,000. 36 1 H. Modified Central Station Standards. A Modified Central Station shall meet the requirements of Sections 48, 49, 51, 52, 53, 54, 55, 56 and 57 of UL Standard No. 611 entitled,, "Standard for Safety, Central Station Burglar Alarm Units and Systems." All persons employed by a Modified Central Station shall be properly selected and their backgrounds investigated prior to employment. They shall be trained, equipped, and disciplined to insure reliable performance of their duties. A Modified Central Station shall carry liability insurance related to alarm monitoring and covering acts, errors, and omissions on the part of the Station's employees in a minimum amount of $300,000. I. Licensed Answering Service Standards. A Licensed Answering Service shall meet the requirements of Sections 48, 49, 51, 52, 55.4 and 56 of said UL Standard No. 611. All persons employed by a Licensed Answering Service shall be properly selected and their backgrounds investigated prior to employment. They shall be trained, equipped, and disciplined to insure reliable performance of their duties. A Licensed Answering Service shall carry liability insurance related to alarm monitoring and covering acts, ' errors, and omissions on the part of the Service's employees in a minimum amount of $100,000. J. Chang—e of Location. If the location of the Police or Fire Communication facilities should be changed at any time, all permittees shall be required to make the necessary changes at their expense to comply with the requirements of this ordinance and the City shall not be responsible for any resulting cost of moving alarm systems, direct line communi- cations, parts thereof, or any other such expense. K. Public Primary Trunk Lines. No emergency device shall be used which transmits a pre-recorded message or other signal directly to the Police, Fire or City Communi- cations Centers. All such devices shall terminate at other facilities. L. Removal of Devices. In addition to any other remedy provided by law, the Police Chief or Fire Chief may whenever he shall have knowledge of the use any cabinet, device or attachment, or telephone terminal not operated or maintained in accordance with the provisions of this article, or contrary to these regulations, order the removal of the same from Police, Fire or City communication facilities, and ' it shall be unlawful to disobey such order. 37 M. Audible Alarms. Every person utilizing an audible alarm shall notify the Police Department or Fire Department of the names and telephone numbers of the persons to be notified to render repairs or service and secure the premises during the hour of the day or night that the alarm may be actuated. Such notice shall be provided before the system is activated, and all such information shall be kept current. N. Display of License. Every person engaged in the business of repairing, servicing, altering, replacing, removing, designing, leasing, maintaining, testing, or installing alarm systems shall carry on his person at all times while so engaged, a valid Fort Collins, Colorado, Special Contractor (Alarm) License or Telephone Employee identification and shall display such permit to any Police Officer, Fireman, or Subscriber upon request. O. Notification. Any Central Receiving Station, Modified Central Station, or Licensed Answering Service, upon receipt of an alarm signal indicating that an illegal act, fire or other emergency situation has taken place, shall immediately notify the Police Department or Fire Department. P. The standards set forth in subsections of this ordinance promulgated by Underwriters Laboratories, Inc., are hereby adopted by reference, pur.to the power conferred upon the City Council by St;-cion 7 of Article II ' of the Code of the City of Fort Collins. Such standards do not contain any separate penalty provision. All of such standards are promulgated by Underwriters Laboratories, Inc., 207 East Ohio Street, Chicago, Illinois, 60611. The edition, impression date, and other pertinent information relating to the standard adopted is as follows: STANDARD NO. EDITION IMPRESSION DATE OTHER UL 634 3rd June 29, 1973 UL 365 1st March 25, 1975 As revised by transmittal dated March 3, 1976 UL 609 7th January, 1972 UL 611 loth June, 1972 UL 681 8th June, 1972 UL 639 3rd December, 1971 As revised by eratta sheet dated April 16, 1973 UL 1023 1st Second (as revised to Sept. 12, 1972) November, 1972 UL 636 6th July 27, 1973 38 At least three copies of each standard herein adopted, all certified by the Mayor and City Clerk to be true copies of ' such standards as adopted by this ordinance, shall be kept on file in the office of the City Clerk available for public inspection. One copy of each such standards shall be kept in the office of the Building Inspector of the City and one copy shall be kept in the office of the Chief of the Fire Department and one copy in the office of the Chief of the Police Department of the Citv. . The Citv Clerk shall maintain a reasonable supply of copies of the standards adopted by this ordinance to be available for purchase by the public at a moderate price. Section 5. Permit Required. A. Alarm Business Permit. No person shall engage in, conduct, operate, or carry on an alarm business without first applying for and receiving an Alarm Business Permit therefor in accordance with provisions of this ordinance. B. Special Contractor (Alarm) License. No person shall engage in the business of repairing, servicing, altering, replacing, removing, designing, maintaining, testing, or installing alarm systems on or in any building, structure, or facility without first applying for and receiving a Special Contractor (Alarm) License therefor in accordance ' with the provisions of this ordinance. V C. Building Permit. No person shall install an alarm or alarm system --as defined in this ordinance without first applying for and receiving a Building Permit as required by this ordinance. 1 D. Certificate of Compliance (Alarm System). No person shall use an alarm or alarm system as defined in this ordinance unless said alarm or alarm system has been inspected by the City Building Inspector and a Certificate of Compliance (Alarm System) has been issued. No person shall receive a Certificate of Compliance (Alarm System) or renewal of such Certificate without a written Maintenance Contract with a licensed Alarm Business who shall be responsible for maintenance of the alarm or alarm system for the duration of the Certificate of Compliance (Alarm System). The Certificate of Compliance (Alarm System) shall be kept on the premises where the alarm system is located. 3° E. Exceptions. (1) Any alarm system in operation within the City ' prior to the adoption of this ordinance shall be permitted to continue without fee and without a Certificate of Compliance (Alarm System) until July 1, 1977; provided that a written Maintenance Contract is in effect to service and maintain such alarm system with a licensed alarm business until such date. After July 1, 1977, all such alarm systems shall be subject to all rules, regulations, fees and requirements set forth in this ordinance. (2) The provisions of this ordinance are not applicable to audible alarms affixed to motor vehicles or trailers, other than mobile homes, or to devices designed or used to register audible or visible alarms on the interior only of protected buildings, structures or areas. Section 6. Issuance of Permits. A. Issuing Authority. The issuing authority for any license or permit issued hereunder shall be the Finance Department. B. Approving Authority. The approving authority for any license or permit issued hereunder shall be the Building Inspection Division. C. Application Forms. Applications for all permits ' and licenses required hereunder shall be filed with the Finance Department and shall be accompanied by the requisite fee. The fee is established to cover part of the cost of investigating and processing the applications and permits and is not refundable. The Finance Department shall prescribe the form of the application and request such information as is necessary to evaluate and act upon the permit application. The application for alarm systems shall require the name, address and telephone number of the person who will render service or repairs during any hour of the day or night. D. Alarm Business and Special Contractor (Alarm) License Application Investigations. Every application for an Alarm Business or Special Contractor (Alarm) License shall require fingerprints and photograph of the applicant or agent applying for applicant if the applicant is not a natural person. The Police Chief shall conduct an appropriate investigation of the applicant to determine whether said permit or license shall be issued. The Police Chief may require additional information of the applicants which he deems necessary to conduct his investigation, with the 40 1 1 exception of companies' blueprints or diagrams. Alarm blueprints and diagrams shall be deemed to be the property of the agency with whom the business has a contract. The permit or license, whether it be a new application or a renewal, shall be denied by the Police Chief, if: (1)' The character or reputation of the applicant is determined to be inimical to the safety or general welfare of the community; or (2) The applicant or Special Contractor (Alarm) the standards and regulations of this ordinance; or for the Alarm Business Permit License does not comply with adopted pursuant to Section.4 (3) The applicant, his employee or agent has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit or license or in any report or record required to be filed with any City agency; or (4) The applicant has had a similar type permit or license previously revoked for good cause within the past year, unless the applicant can show a material change in circumstances since the date of revocation; or (5) The applicant or any employee has demonstrated an inability to effectively install and/or service alarms and/or alarm synstems in a manner ensuring their reliability and lack of false alarms. E. Certificate of Compliance (Alarm Systems). A Certificate of Compliance (Alarm Systems) shall be issued upon approval of the Building Inspection Division. Such approval shall signify compliance with the standards and regulations adopted and requirements set forth in Section 4 of this ordinance. Said Certificate shall be issued to the person using or possessing the alarm system. Alarm Businesses shall procure and process applications for their Subscribers. The Subscribers shall forward the completed application to the Alarm Business servicing the system and the permit fee shall be collected from the Subscriber by the Alarm Business and transmitted together with the.apolication forthwith to the Finance Deparmtent. Section 7. Appeal Procedure. The procedure for any appeal of a decision by the City shall be to the City Council of the City of Fort Collins. 41 Section 8. Permits and Fees. A. Alarm Business Permit. The fee for an Alarm Business Permit shall be twenty five dollars ($25.) per year. Such fee shall be tendered upon application for the permit. The Alarm Business Permit shall expire July 1 of each year and must be renewed prior to its expiration date. No portion of the permit fee shall be prorated because of any partial year. B. License. The fee for Special Contractor (Alarm) Licenses shall be fifty dollars ($50.) per year. Such fee shall be tendered at time of application for a license. All such licenses shall expire on July 1 of each year and must be renewed within thirty (30) days of their expiration date. No portion of such license fee shall be prorated because of any partial year. C. Certificate. The fee for a Certificate of Compliance (Alarm System) shall be ten dollars ($10.) which shall be due and payable within ten (10) days of the installation of an operable alarm system by any person possessing or using an alarm system, proprietory alarm, fire alarm, or other emergency alarm within the City. Each such Certificate shall expire on July 1 of each year and must be renewed within thirty (30) days prior to the expiration date. No portion of any Certificate fee shall be refunded because of , any partial year. Application for renewal of such Certificate shall be processed in the same manner as applications for the initial Certificate, except that no inspection shall be required if the alarm system is considered to have performed properly in the preceding year. Section 9. Suspension and Revocation. A. Grounds. The following shall constitute grounds for suspension or revocation of any license, permit or certificate issued hereunder. (1) The violation of any of the provisions of this ordinance; or (2) The failure to comply with requirements set forth or standards or regulations adopted by this ordinance; or (3) Where any Alarm Business permittee or Special Contractor is convicted of any crime involving larceny, burglary, fraud or other crime which would cause the honesty of the same to be suspect; or (4) Where an alarm system actuates excessive false alarms and thereby constitutes a public nuisance; or 42 1 1 (5) Where the applicant or permittee, his employee or agent has knowingly made any false, misleading or fradulent statement of a material fact in the application for a permit or license or in any report or record required to be filed with any City agency; or (6) Where the applicant or permittee has had a similar type permit or license previously revoked for good cause within the past year unless the applicant can show a material change in circumstances since the date of revocation. Determinations for suspension or revocation of any license, permit or certificate issued hereunder shall be made by the Building and Contractors' Licensing Board of the City in the same manner as set forth in Section 73-124 of the Code of the City of Fort Collins for suspension or revocation of contractors' licenses. B. Procedure. The determination of the Building and Contractors' Licensing Board with regard to matters of suspension or revocation shall be appealable to the City Council, provided a notice of appeal is filed with the City Clerk within ten (10) days after the action of the Board. :a The City Clerk shall transmit such appeal to the City Council at the next meeting of the City Council held not less than two (2) days after filing of the notice of appeal. Upon receipt of the appeal, the City Council shall set a time for hearing of the appeal and shall give notice to the person making the appeal of the time and place of the same. Appeals shall be heard and decided as determined by the Council from time to time. Any order of suspension or revocation made by the Building and Contractors' Licensing Board shall be effective upon delivery of the same personally to the person holding the license, permit or certificate, or if the same is served by deposit in the mails, then forty-eight (48) hours after the time of deposit in the mail. All revocations or suspensions shall remain effective pending determination of any appeal to the City Council. All appeals shall be heard by the City Council within thirty-one (31) days after the date of the City Council meeting at which the appeal was presented. Section 10. Violation of Ordinance. The conviction of any person for violation of any provision of this ordinance shall not relieve such person from paying any permit or license fee required by this ordinance. Each day that any violation of this ordinance continues shall be a separate offense punishable as such., 43 Section 11. Existing Systems. All alarm systems in the City now serviced by direct connection to the City Police Department or Fire Department may continue for a period of 180 days after the effective date of this ordinance. upon the expiration of such period, City departments will no longer service such alarm systems through direct connection and the connection with the City departments shall be termi- nated. In order to effect the transition from direct service to a City department to subscription with a Central Station, Modified Central Station or Licensed Answering Service for a period of one year from the date of this ordinance, no license shall be granted to operate a Central Station, a Modified Central Station or a Licensed Answering Service providing services regulated by this ordinance until the applicant has filed with the City Council a schedule of proposed charges to subscribers for such service and the Council has approved such schedule. During such one year period, no person operating under this ordinance shall charge any rate for subscribers greater than that set forth in the schedule approved by the City Council. Such persons may submit proposed amendments to their rates to the City Council for approval. After such one year period, this provision regarding approval of rates shall no longer apply. ' Section 12. Savings Clause. 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 to be 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. Section 13. Repeal. All ordinances and parts of ordinances in conflict or inconsistent with the provisions of this ordinance are hereby repealed. 44 Introduced, considered favorably on first reading, and ordered published this 6th day July, A.D. 1976, and to be presented for final passage on the 3rd day of August, A.D. 1976. Mayo — ATTEST: 7 _ ti ti City Clerk Passed and adopted on final reading this 3rd day of August, A.D. 1976. ATTEST Mayor Mayor City Clerk —O ' First Reading: July 6, 1976 (Vote: Yeas: 7, Nays: 0) Second Reading: August 3, 1976 (Vote: Yeas: 6, Nays: 1) Dates Published: _July 11, 1976 and August 8, 1976 Attest: _ _ City Clerk Ordinance Adopted on Second Reading Vacating a Portion of Mason Street Following is the City Manager's memorandum on this item "Ordinance No. 59, 1976, was adopted on first reading at the July 20, 1976, meeting. The First National Bank, owner of the adjoining property, has requested that a portion of the street dedicated as an extension of Mason Street adjoining Tract 1 of the extension of K-Mart Plaza be vacated.. The City Council recently considered the question of whether Mason Street should be extended in this area, and a determination was made that it was not feasible to extend the streets through these lands. 45 :A. In other action the owner of the property concerned has agreed to dedicate and improve the street in front of the shopping center buildings in order to provide access between Century Mall and the K-Mart improvements. In view of this, it appears reasonable to vacate the dedication for Mason Street. We have also been advised that this vacation is required in order to complete a proposed sale of the property and that time is becoming critical. At the July 20, 1976, meeting the Fort Collins City Council showed concern about the bikeway through this area. They suggested that a bikeway on part of the easement be considered. The Administration was requested to review this matter and report back prior to consideration of final adoption." Councilman Bowling inquired if Mr. Williams, representing the First National Bank was interested in trying to help solve the bikeway problem and screening in that area. Mr. Williams stated the bank no longer owned the property; the owners had assumed everything was taken care of when Council had made a decision on Mason Street and they were unaware that they had to have a vacation of a dedicated piece of property which they were unaware had been dedicated. Mr. Williams stated he objected to having a 298 foot easement put on the property because it is in the middle of two properties with no easement. Roy A. Bingman stated he felt Mr. Williams had a valid point as there is no other property virtually from Drake Road north to Stuart Street that has been required to dedicate an easement Planning Director Les Kaplan stated Council would be seeing K-Mart Plaza again in a probable revision of the P.U.D. Councilman Russell made a motion, seconded by Councilman Suinn to adopt Ordinance No. 59, 1976 on second reading. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. ORDINANCE NO. 59, 1976 BEING AN ORDINANCE VACATING A PORTION OF MASON STREET ADJOINING TRACT 1 OF THE EXTENSION OF K 1IMART PLAZA • IN THE CITY OF FORT COLLINS WHEREAS, the owners of the property adjoining the same have petitioned the City Council to vacate a street dedicated as a portion of Mason Street in the city; and WHEREAS, the City Council has heretofore caused a study to be conducted as to the feasibility of extending Mason Street in this area and has determined that such street cannot feasibly be installed in this area; and 46 1 1 1 WHEREAS, portions of Mason Street were dedicated prior to such study and determinations; and WHEREAS, it appears that the portion of Mason Street hereinafter described is not needed for municipal purposes and will not be needed for municipal purposes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the following described portion of Mason Street heretofore dedicated to the City of Fort Collins to wit a strip of land 59.4 feet in width described as beginning at a point which is south 89 , 48 minutes, 43 seconds, west 701.47 feet from the southeast corner of tract 1 of the extension of K-Mart Plaza and run thence north 00 , 33 minutes, east 289.62 feet, thence east 55.49 feet, thence 'south 000, 33 minutes west, 289.62 feet more or less to a point which is north 890, 48 minutes, 43 seconds east from the point of the beginning thence south 89 , 48 minutes, 43 seconds, west 55.49 feet more or less to the point of beginning, be and the same hereby is vacated, abated and abolished. Introduced, considered favorably on first reading and ordered published _ this 20th dayof Jul A.D. 1976 and to be y, presented for final passage on the 3rd day of August, A.-D. 1976. ATTEST: City Clerk Mayor Passed and adopted on final reading this 3rd day of August, A.D. 1976. ATTEST: City Clerk 47 First Reading: Second Reading: Dates Published Attest: City Clerk July 20, 1976 August 3, 1976 July 25, 1976 (Vote: Yeas: (Vote: Yeas: and August 8, 1976 6, Nays:0) 6, Nays: 0) Replat of the Swallow Subdivision Final Plat Approved Following is the City Manager's memorandum on this item: "The Swallow Subdivision is located on both sides of Swallow Road which is south of Drake Road between College Avenue and the Colorado & Southern Railroad tracks. The overall plan for a through collector street on Swallow between College and Shields had to be abandoned when the City could not obtain the right of way over the railroad tracks of the Colorado & Southern Railroad Company. Swallow Road in this area was subsequently narrowed in width. The adjacent landowners have this technical replat in order to reduce the right of way in this area from 80 feet to 74 feet. At its July 12, 1976, meeting the Fort Collins Planning and Zoning Board voted unanimously to recommend approval of this replat." Councilwoman Reeves made a motion, seconded by Councilwoman Gray to approve the replat of the Swallow Subdivision Final Plat. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Amendment to Agreement with Mountain Air, Inc. Approved Following is the City Manager's memorandum and recommendation on this item: "At its July 6,'1976, meeting the City Council considered an amend- ment to an agreement with Mountain Air, Inc. The requested amend- ment was to increase the fixed base operator's fee to manage the Fort Collins -Loveland Airport from $300 per month to $500 per month. The recommendation was passed by the Airport Board by a 5 to 3 vote. The three people who voted "no" had previously voted for an increase to $700 per month. At the July 6, 1976, meeting the Fort Collins.City Council did not take any action on this matter. They requested the Administration to send them material on the Airport. Under separate cover are (1) the original Memorandum of Agreement and Resolution adopted in November 1963 48 1 I L7 between the City of Fort Collins and the City of Loveland; (2) the master agreement with the Goodrich Aviation Company of Colorado, Inc., ---now the Mountain Air, Inc.---; (3) a copy of the Farm Lease. The Airport Board is at the present time reviewing the necessity of having a farm management lease during the budget discussions for 1977. one of the major problems at the Airport is that we have one contract serving two purposes; namely, the fixed base operator and the manager of the airport. Many of us would like to have a separate manager at the airport; however, at this stage we are too small from our financial operation to justify a separate manager. The Board and the two administrators will continue to think of ways to improve the airport service. The Loveland City Council approved the amendment to the airport agreement by a unanimous vote. Enclosed is a copy of Jean A. Gaines'letter to Mayor Earl Wilkinson. Recommendation: The Administration recommneds that the Airport agreement be amended to read as follows: "The City agrees to pay for such service operator a fee of $6,000 per year, payable $500 per month commencing the first day of January 1976 and on the first day of each month thereafter." Councilwoman Reeves made a motion, seconded by Councilman Suinn to approve the recommendation of the administration. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: Councilman -Russell. Cultural Resources Board Following is the City Manager's memorandum and recommendation on this item: "At its July 27, 1976, work session, the Fort Collins City Council received a report from Reid Burton and staff on the auditorium. The auditorium project had been worked out through a special committee of DTT. When Stearns -Roger presented their final figures, the City Council directed the staff to investigate the cost analysis and economic feasibility of this project. 'At that meeting, Ray Dixon, the Chairman of the Cultural Resources Board, requested that their group be considered in an advisory capacity for all cultural capacities. A copy of the auditorium analysis is being sent to each member of the Cultural Resources Board. This board is advisory to the City Council in all cultural matters. We concur that we should ,consult them in all matters affecting the auditorium, art museum, Pioneer Museum, Avery House and other historic landmarks in the future. 49 Recommendation: The Administration recommends that the City Council establish the policy of directing all cultural programs and policies to the Cultural Resources Board for their review and recommendations back to the Council." Councilman Bowling made a motion, seconded by Councilman Russell to approve the recommendation of the administration. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Citizen Participation Bob Ocheltree, Airport Board Chairman, stated there was one item from the Airport Board, that being, approval of an engineering contract with M&I, Inc. Consulting Engineers and the Cities of Fort Collins and Loveland, for completion of the ramp expansion at the airport. City Manager Brunton stated this is a standard agreement that ,FAA requires. Councilman Bowling made a motion, seconded by Councilwoman Gray to approve the engineering contract with M&I, Inc. subject to approval of the contract by the City Attorney. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: Council - members Bloom and Suinn. Presentation of Boards and Commissions Member Certificates Mayor Wilkinson presented plaques of appreciation to retiring members of the Boards and Commissions in attendance: 1. Preston Davis - DT22Steering Committee 2. Melvin Johnson - DT 2Steering Committee 3. Buford Plemmons - DT Steering Committee Those not in attendance but to receive plaques are as follows: 1. Charles Patchen - DT2 Steering Committee 2. Mary E. Greenwall - Election Board 3. Gary Garwood- -Golf Board 4. David Moore Jr. - Human Relations Commission 5. Sam Van Why - Human Relations Commission 6. Rudy Baldivia - Liquor Licensing Authority 7. Gladys Eddy - Parks and Recreation Board 8. Don Pulliam - Personnel Board 9. Gordon Moderhak - Planning and Zoning Board 10. Duane Woodard - Planning and Zoning Board 50 11. Henry G. Hauser - Zoning Board of Appeals 12. Lyle Vigil - Housing Authority 13. Steward Case - Golf Board Report from the City Manager a. City Manager Brunton reported on the City of Fort Collins in the recent Big Thompson Flood; the Fire Department was alerted and responded with a person; fifteen police officers provided assistance, and the City provided a ton of chlorine for their water treatment. b. City Manager Brunton expressed his appreciation to Council- woman Gray in assisting to set up a meeting with Governor Lamm to submit a letter on the Joe Wright application. C. Rosita Bachmann, Human Rights Officer, is again sponsoring four seminars on Equal Employment Opportunity, sponsored by Acme Personnel Service, Fort Collins Human Rights Office, CSU Office of Equal Opportunity and the Fort Collins Chamber of Commerce. Report from City Council Representatives on Committees ' a. Councilman Bowling stated the Air Quality Committee meeting has been cancelled and the COG meeting has been rescheduled to August 11, 1976. b. Councilwoman Reeves reported the Human Resources Board will meet August 6, 1976 at 4:00 P.M. Final Plat of Eldorado Springs Subdivision, Third Filing Renamed and Approved (Silverwood Village First Filin This item had been tabled at the July 20, 1976 Council meeting Councilwoman Reeves made a motion, seconded by Councilman Bloom to remove this item from the table for consideration. Yeas: Councilmembers Bloom, Bowling, Reeves, Suinn and Wilkinson. Nays: None. ,(Gray and Russell out of room). Paul Deibel, Planner II, stated this item had been tabled at the request of the Homeowner's Association; access had been an item of concern. The Planning and Zoning Board had recommended approval with the stipulation that building permits not be issued beyond 161 feet from the common point of access. 51 Z _ Mr. Richard Dempsey, 2630 Shadow Mountain Drive, stated there appeared to be some confusion between the developers and the Homeowner's Association. The Homeowner's Association had met with the developers and it had been agreed that if it was the desire of the association to exclude any further residence in this development and in another filing, they would accept it; the Homeowner's Association also suggested that the name of the subdivision be changed and that a fence would be constructed between the shoreline to the area beyond Granada Drive. Mr. Gary Haxton, representing Lake Sherwood, stated all the questions that had been asked had been answered in a letter to the Homeowner's Association's attorney agreeing to the suggestions. Councilman Bloom inquired if the street names were going to be a problem to the Police and Fire Departments. Paul Deibel stated the Police and Fire Departments had looked at the names and had seen no problem. Councilwoman Gray made a motion, seconded by Councilwoman Reeves to approve the name change from Eldorado Springs, Third Filing to Silverwood Village, First Filing and approve the plat. Yeas: Councilmembers Bloom, Gray, Reeves, Suinn and Wilkinson. Nays: None. (Bowling and Russell out of room.) Final Plat of Eldorado Springs Subdivision ' Fourth Filing (Silverwood Village, Second Filing) Tabled This item had been tabled at the July 20, 1976 Council meeting. Councilman Bloom made a motion, seconded by Councilwoman Reeves to remove this item from the table for consideration. Yeas: Council - members Bloom, Gray, Reeves, Suinn and Wilkinson. Nays: None. (Bowling and Russell out of room.) Planner II Paul Deibel stated this is a proposal for 10 lots on 2.7 acres in an area that was previously designated as a church. The staff and Planning and Zoning Board had recommended approval. Councilman Bloom stated he felt this subdivision presented considerable problems in access both to and from Drake Road; this entrance is just beyond a rise in the road and just beyond a curve which makes visibility questionable. Councilman Bloom further recommended the layout be turned 90' and let the access not be on Drake Road. Planner II Paul Deibel stated the Traffic Engineer, Joe Rice, had looked at this area and had not seen it as a problem. 52 Planning Director Les Kaplan stated if the area were turned as recommended, the area could not develop because there would be no access to a dedicated street. Mayor Wilkinson stated he did not share.Councilman Bloom's concern as there were only ten homes proposed. Gary Haxton stated that at the time the area was platted, three acres had seemed to be the right size for a church. Now, the area appeared to be too big for a small church and too small for a big church. Councilman Bloom made a motion, seconded by Councilwoman Reeves that the plat for Silverwood Village Second Riling be denied. Yeas: Councilmembers Bloom, Bowling and Reeves. Nays: Council - members Gray, Suinn and Wilkinson. (Russell out of room.) City Attorney March stated that motion did not carry and Council has taken no action. Mr. Haxton stated he would appeal to the Council --if this is not approved that piece of land will just sit there and be in weeds,' the physical barriers to the east and south are the reason for ` this proposed configuration. Mr. Richard Dempsey, 2630 Shadow Mountain Drive, stated he supported, approval of the plat. Councilman Bowling made a motion, seconded by Councilwoman Gray to table this item until it comes back at the developer's request. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves and Suinn. Nays: Councilman Wilkinson. (Russell out of room.) Petition to Revise the Zoning Ordinance Regulations Concerning Veterinary Medicine Facilities Referred to Citv Attorney for Ordinance Preparation Following is a portion of the City Manager's memorandum and recommendation on this item: "The request -is for the following revisions to the zoning ordinance: (1) define and allow small animal veterinary hospitals and clinics in the B-H, B-P, H-B, and B-G zones; (2) allow small animal veterinary clinics as home occupations, and (3) add additional requirements to adequately regulate any potential external effects of these uses. Under separate cover we are sending you an extensive memo from Tom J. Johnson on this subject. 53 At its July 12, 1976, meeting the Planning and Zoning Board by a 5 to 1 vote recommended to the City Council the following changes to the zoning ordinance: (1) add definitions of "veterinary hospital", "small animal veterinary hospital", and "small animal veterinary clinics"; (2) amend the R-H zone to allow only small animal veterinary clinics; (3) amend the B-H, B-P, H-B, and B-G zones to allow both small animal clinics and hospitals, and (4) add regulations of external effects of veterinary facilities as suggested by staff. The Planning and Zoning Board recommended that this use not be added as a permissable accessory use. All of these items will be discussed at greater length at the meeting. Recommendation: The Administration recommends that the City Council instruct the City Attorney to draw the necessary ordinance amending the zoning ordinance to provide for the recommendations of the Planning and Zoning Board and planning staff as recommended or as subsequently revised after the City Council meeting." Dr. Tom J. Johnson who initiated the petition, presented a slide presentation on his request for amendment of the zoning ordinance as it relates to veterinary medical facilities. Planner II, Paul Deibel, addressed the Planning and Zoning Board recommendation below: Add definitions of "veterinary hospital", "small animal veterinary hospital" and "small animal veterinary clinic" as suggested by staff. Amend the R-H zone to allow only "small animal veterinary clinics." Amend the B-L, B-P, H-B and B-G zones to allow both small animal clinics and hospitals. Add regulations of external effects of veterinary facilities as suggested by staff." Councilman Suinn made a motion; seconded by Councilwoman Gray that the City Attorney be directed to draw an ordinance in which no change be made in the residential area, that clinics or hospitals be permitted in the planned business or highway business, that clinics only be allowed in the limited and general business zone, that regulations of external effects of veterinary facilities be included as well as the definitions recommended by the staff. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: Councilwoman Reeves. 54 j 1 1 Revising R-H and B-L Zones to Require Site and Landscape Review Referred Back to Staff Following is the City Manager's memorandum on this item: "The Planning and Zoning Board has considered the possibility of requiring site and landscape review for all uses in Limited Business Zone and for possible uses in the High Density Residential Zone. At their last meeting the Planning and Zoning Board recommended to the Council that this requirement be adopted. The City Attorney's office has expressed reservations on this and will have a report available for the Council by the time of the Council meeting." City Attorney Arthur March stated Assistant City Attorney Lucia Liley had, prepared a memorandum on this item. Planner II Paul Deibel spoke to the background and this item: "This is a staff initiated proposal to require approval of a site/ landscape plan by the Planning and Zoning Board prior to commercial development on any lot in the R-H, High Density Residential District, or B-L, Limited Business District zones. This is currently the practice for "B-L uses" in the H-B zone and is not to be confused with planned unit, development. It would apply on a lot -by -lot basis as do the other standard zoning requirements and the plan- review/approval process would end with the Planning and Zoning Board (unless referred to the City Council on appeal.) At this time, the Council is being asked only to approve the general idea. If the Council approves, the staff will then proceed to prepare the specific legal language of the ordinance change as well as a supplementary set of administrative guidelines or -- standards for non P.U.D. site/landscape plans which would then be brought back to the Planning and Zoning Board and City Council for review and approval." Assistant City Attorney Liley stated the concerns with the proposed amendment from a legal standpoint were centered aroun& due process notions. Following is a portion of the memorandum on this item: DUE PROCESS The primary issue with regard to due process is whether or not the proposed amendment is so unreasonable and arbitrary as to violate due process concepts of both the federal and state constitutions. With respect to zoning, the proposed amendment could violate the due process notions in one of three ways: 1) by precluding any reasonable use to which a piece of property could be put; 2) by lacking a substantial or reasonable relationship to public health, safety, morals or general welfare; and/or 3) by lacking adequate guidelines to insure against arbitrary and discriminatory application 55 of the proposal. "Confiscatory Taking" Either of the first two violations above would amount to a confiscatory taking of property without just compensation there- fore and would thus constitute a violation of due process. An examination of the pertinent case law must be made in order to determine whether the proposed amendment would be confiscatory. City Attorney March stated that in the past, any time the City has had this kind of requirement, the City has also had some lower use a person could make of their property without meeting the requirement. Mayor Wilkinson stated that based on Council and staff comments, this item would be referred back to staff for a future report. Ordinance Adopted on First Reading Being the Storm Drainage Ordinance Following is the City Manager's memorandum on this item: "The storm drainage problems in Fort Collins are quite confusing and complicated. Sometime ago the City Council formed an interim ' Storm Drainage Board for the purpose of developing a basic ordinance with which to deal with storm drainage funding problems and the difficulties of implementing local drainage ordinances. The storm drainage committee consisting of Charlie Muenzberg, Chairman, Vic Meline, Dr. Bill Fead, Sandy Thayer and Bill Bartran have finally completed a proposed ordinance for presentation to the City Council. The ordinance provides for drainage studies of individual basins, for recommendations for facilities, for fees to pay for facilities, and for drainage fees in connection with new development. The ordinance also provides for recommendations regarding the City-wide facilities and methods of financing such. Major budget considerations connected with the new ordinance and which might affect the 1977 Budget include the following. (1) There is a need for a long-term financing plan for City-wide improvements. Although $2,000,000 is committed from the current capital program, approximately $15,000,000 is required for the entire Spring Creek system over a ten to twenty year period. This could require as much as $3 per month per utility account as one example of financing. An alternate source might be $500,000 per year from sales tax or other revenue. (2) Another budget consideration is the number of in-depth studies necessary to properly evaluate individual drainage basins within the City and final engineering design of Spring Creek system as is necessary for construction. A great deal,of preliminary and final 56 work is involved affecting staffing levels and budgeting requirements. This ordinance calls for a five to seven member board to be appointed for four-year terms on a staggered basis. It is hoped that the City Council will appoint the present members to the board subject to their acceptance." Director of Engineering Services Roy A. Bingman summarized the action of the committee to date. Councilmembers inquired into specifics of the ordinance. Councilwoman Reeves made a motion, seconded by Councilman Suinn to adopt Ordinance No. 61, 1976 on first reading: Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Colorado Nuclear Initiative Following is a portion of the City Manager's memorandum on this item: "An amendment is being proposed to the Colorado Constitution whi-ch will seriously impair the ability to construct nuclear power plants. This initiative item is similar to the one in California which was soundly defeated by the electorate there. At the recent APPA Conference in Anaheim the Councilmembers attending held several presentations dealing with this subject. It is the administration's=position that the passage of this initiative item would not be in the best interests of the State or its citizens and would certainly be damaging to the electric utility industry. Attached for City Council consideration is a proposed resolution expressing opposition to the nuclear initiative. Also attached is a copy of a petition for the initiative and a brief paper setting forth some of the arguments on this issue pro and con. Stan Case will be available at the Council meeting with further information as the Council desires." City Manager Brunton stated the. request for the resolution has come from the'Platte River Power Authority. Those speaking to this item are as follows: 1. Ralph Monteen, Chairperson of the Northern Colorado Branch of the Friends of the Earth Organization, spoke in support of a "yes" vote on the nuclear initiative. 2. Steve Smith, 315 North Hollywood, spoke in opposition to the proposed resolution. 57 3. Joel Gaalswyk, 1525 Crestmore, spoke in opposition to the proposed resolution. 4. Dan Lyons, 2608 Killdeer, raised questions regarding nuclear power. 5. Agnes Liley, 618 South Grant, requested Council not vote on this issue this evening. 6. Mike Stumpe, 8201, Whedbee, agreed with Miss Liley and requested Council not decide on this issue this evening. Director of Utilities Stan Case spoke to the previous comments made by various speakers and spoke to his desire to have City Council adopt the proposed resolution and the questionable wording on the initiative. Councilwoman Gray made a motion, seconded by Councilman Suinn to table this item indefinitely. Yeas: Councilmembers Gray and Suinn. Nays: Councilmembers Bloom, Bowling, Reeves, Russell and Wilkinson. Councilman Russell made a motion, seconded by Councilman Bowling to table this item. Yeas: Councilmembers Bowling, Gray, Russell, and Suinn. Nays: Councilmembers Bloom, Reeves and Wilkinson. Consideration of Action on the Seven -Year , Capital Program Scheduled to September 7, 1976 City Manager Brunton stated the administration has prepared some additional figures with some assumptions through the year 1980. Following is the summary as presented: A. Facts 1. July 1, 1976, fund balance - $1,671,252 includes $1,006,928 in cash and $664,324 in encumbrances. 2. Total project disbursements through June 30, 1976 - $4,196,585. B. Proiected Cash Flow Assumptions - 1. $500,000 will be disbursed in September of 1976, for Open Space for the Pine Ridge property. 2. Land acquisition costs for the bypass segment of the downtown project will start in January, 1977. (January - $50,000; February - $100,000; March - $185,000) Total for bypass portion - $335,000. Total project cost - $500,000. 58 3. Work on the Pioneer Museum will begin with costs incurred in October, 1976. 4. The majority of the street program will be completed by December, 1976 ($1,625,060). 5. The start of a $2,400,000 Auditorium/Art Complex will take place in January, 1977 with costs being incurred in February, 1977. 6. $150,000 will be dispursed in November and December, 1976, for temporary quarters for City Hall requirements. 7. The tax on food and an annual 10% increase in sales tax revenue is anticipated through 1980. C. Results - 1. In May, 1977, a deficit cash position of $188,881 takes place as a result of the above expenditures. The deficit position increases monthly thereafter until October, 1978. D. Alternatives 1. Defer an attempted purchase of $500,000 for the Pine Ridge property until late 1978. Result - a deficit fund cash position 'occurs in September, 1977 ($43,097) 2. The Pine Ridge, property purchase is deferred, and no participation above the original budget of $250,000 for the downtown Project is permitted. Result - no deficit cash position takes place. Ri 3. Expenditures for temporary City Hall quarters are deferred, or a lease arrangement requiring a payment of approximately $10,000 per month instead of lump -sum payments of $75,000 in November and December of 1976 are made. The Pine Ridge purchase is deferred. No expenditures are made in 1978 for the storm sewer project ($285,000). Result - no deficit cash position takes place. 4. The Auditorium/Art Complex project is deferred one year. Result - no deficit cash position takes place.. 5. Defer the $150,000 expenditure for temporary City Hall quarters; limit downtown participation to $250,000; defer sewer program expenditures until 1978 (285,000). Result - no deficit cash position takes place. 6. Impact of removal of the tax on food if eliminated in July, 1977. 59 Those wishing to provide citizen input were as follows: a. Ray Dixon, Cultural Resources Board, stated spokespeople from the Arts and Humanities Council, the Council's Committee on the Auditorium/Arts Complex, the Cultural Resources Board and others have met and agreed that there are two most needed projects remaining in the Capital Improvements Program; the Auditorium/Arts Complex and the expansion of City Hall. Mr. Dixon concluded his remarks by saying We believe the plans and specifications for both facilities should be completed by early 1977 and contracts let as soon as possible after that date." b. Frank Johnson speaking as co -Chairman of the Citizen's Advisory Committee for the auditorium endorsed the report previously given by Mr. Dixon. C. Bob Clark, member of the Auditorium/Arts Center Complex Committee reaffirmed what had been stated by Mr. Dixon and Mr. Johnson. d. Nick Leonard, Chairman of DT2 Steering Committee, stated the -committee had initiated two new task forces, one of which will be studying the operation and maintenance of the auditorium costs and the other will be looking into the City Hall. e. Henry Caulfield Jr., a member of the Board of Directors of the Poudre Valley Green Belt Association, stated he recommended Council not take action that would preclude acquisition of the open space projects. f. Jim Bailey, member of the Poudre Valley Green Belt Association, challenged the assumption that the two most important things left in the Capital Improvements Program are the two buildings. g. Herb Brauer, 421 South Howes, questioned whether the City could afford a 2.6 million dollar auditorium. Councilmembers discussed procedures for reaching decisions on this item. Councilman Bowling made a motion, seconded by Councilman Russell that Council set the first Council meeting in September for the discussion, hearing and decision on the Capital`Improvements Program priorities and discuss at the same meeting the procedure for addressing the extension of the one percent sales tax. Yeas: Councilmembers Bowling, Russell,. Suinn and Wilkinson. Nays: Councilmembers Bloom, Gray and Reeves. 60 Tennis Reservation Svstem Authorized to Continue Through 1976 Following is the City Manager's memorandum and recommendation on this item: 'We have been discussing for some time the possibility of having a reservation system at some of our tennis courts. This is quite well accepted and utilized at many municipal tennis courts. To be effective there should be four to six courts at one location. This was planned for the new Rolland Moore Park tennis courts with 10 or more courts that we hope will be built in the next decade. In February of 1976 the Fort Collins Tennis Association recommended that a reservation -fee system be implemented at the six Edora Park tennis courts. The matter was discussed with staff and with the Parks and Recreation Board. There were many changes in the original recommendation from the Tennis Association of 50 cents per person per hour. The Council finally approved a rate of $2.50 per court for 90 minutes (or 40 plus cents per person per hour if four are playing). At that meeting, Councilman Suinn requested a report be made at the end of the season. Because of some bad weather and some reluctance on the part of some tennis players to pay any fee, our program has not been too ' successful to date. Enclosed are the May and June Reservation System reports from Jean Helburg. We hope to have the July report by the Council meeting on August 3. It should be clearly understood that although there might be some minor differences, our relation has been and is excellent with the Fort Collins Tennis Association. Its membership is a good positive force for promoting tennis in the City. Because of the complaints and the revenue situation, the matter was discussed at a recent work session. It was and is the recommendation of the administration that we keep the rates and regulations the same for the remainder of this year. There are several good reasons for having a reservation system. Primarily it gives the busy person an opportunity to play tennis without waiting a half an hour plus. (I have had several comments in the last week from people who like the system.) Also, it would be nice if some day we made a little money from tennis (without making the cost too high). There are several other reasons why we would like to continue the system the rest of this year. (1) We feel the system should have a fair chance to prove itself. (2) We have invested $895 in initial equipment; (3) We have hired personnel for the 19.76 season to supervise the program. 61 Recommendation: The Administration recommends that we keep the present reservation system until the end of the 1976 season and report back to the Council then." Councilwoman Reeves made a motion, seconded by Councilman Bowling to approve the recommendation of the administration. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves and Suinn. Nays: Councilmembers Russell and Wilkinson. Report on Sliding Scale Recreation Fees for Large Families and Low Income Persons Following is the City Manager's recommendation on this.item: "Recommendation: Unless there are good reasons for having.a sliding scale within the administrative realm of feasibility, the administration recommends that we drop any further consideration of the sliding scale program. It should be clearly understood that we are happy to continue with our outreach program and other programs." Mayor Wilkinson acknowledged acceptance of this report. No further action taken on this item. Pine Ridge Propertv Acquisition Tabled Following is the City Manager's memorandum and recommendation on this item: "At its November 25, 1975, meeting the Fort Collins City Council by a 4 to 3 vote authorized the City to proceed with the acquisition of the Pine Ridge property. The Pine Ridge property consists of 331 acres directly south of the Hughes CSU Football Stadium. The suggested purchase price at that time was $400,000 to be bought on an option basis to work with the cash flow. This has been a difficult acquisition program for many reasons including the following. (1) There are many limited and several general partners owning the land. (2) The group has somewhere between $600,000 and $900,000 tied up in this project in cash and mortgages. (3) The outstanding mortgages are for considerably more than the initial purchase price. (4) There are two appraisals on the property, one for $475,000 and one for $630,000. Enclosed are copies of some. of the correspondence on this project. The City's initial and second offer were turned down. On May 17, 1976, we sent a letter to the group through their real estate agent offering $500,000 cash subject to Council approval. It was obvious that it would be difficult, if not impossible, to close on this deal unless we could pay for the thing all at one time. We ' 62 did not like to do this because it would have an adverse effect on our cash flow. The group subsequently came back ' with a memo from Don Cook, cc -general partner to agents Mike Donaldson and Jeff Bowen that they would only sell the property for a cash sale price of no less than $600,000." This matter was discussed at an executive session of the Council. Although no decision was made and no additional instructions given, it appeared that there was no strong desire to negotiate any further. It still appears to us that the $500,000 recommended price was a fair and equitable settle- ment even though it was much higher than we would like to pay for the property. We feel that there is no room for negotiations or discussions at the present time. Recommendation: The Administration recommends that the negotiations on the possible acquisition of the Pine Ridge property be terminated and that the cash flow sheets be revised accordingly. We can have the new cash flow sheets for the whole capital program available for the August loth work session." City Manager Brunton stated he memorandum had been written,of $550,000.00 would be accepted. was in receipt,since the above a letter advising that Councilman Bowling made a motion, seconded by Councilman Russell to table a decision on this item to September 1, 1976, Yeas: Councilmembers Bowling, Russell, Suinn and Wilkinson. Nays: Councilmembers Bloom, Gray and Reeves. Purchase of Maxwell Property Approved City Attorney Arthur March, Jr. stated that the contract for the Maxwell property is based on a purchase schedule of five years. Following is a portion of a memorandum from Eldon Holmes setting out the purchasing policy of this piece of property: First payment 1976 - $47,000 Parcel #2, 1977 - $48,880 Parcel'#3, 1978 - $50,760 Parcel #4, 1979 - $52,640 Parcel #5, 1980 - $40,890 Councilman Bowling made a motion, seconded by Councilwoman Reeves to purchase the Maxwell property per the above terms. Yeas: Councilmembers Bowling, Gray, Reeves, Russell and Suinn. Nays: Councilmembers Bloom and Wilkinson. 63 Ordinance Adopted on Second Reading Annexing the Woodward Governor Property to the City Following is the City Manager's memorandum on this item: ' "At its July 20, 1976, meeting the Fort Collins City Council adopted the aforementioned ordinance on first reading. In 1974 and 1975, the City of Fort Collins entered into an agreement with the Woodward Governor Company whereby they would voluntarily annex their property into the City which is located on the northwest corner of Drake Road and Lemay Avenue. The agreement stipulated certain conditions on street improvements and also stated that the property would be zoned IG, General Industrial District." Counicilman Bowling made a motion, seconded by Councilman Suinn to adopt Ordinance No. 53, 1976 on second reading. Yeas: Councilmembers :Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. (Councilman Bloom out of room.) ORDINANCE NO: 53 , 1976 BEING AN ORDINANCE ANNEXING PROPERTY KNOWN AS THE WOODWARD GOVERNOR ANNEXATION TO THE CITY OF FORT COLLINS WHEREAS, heretofore, a written petition, together with ' four prints of an annexation map was filed with the City Clerk of the City of Fort Collins requesting the annexation of certain territory more particularly described below to the City, and WHEREAS, the City Council has found and determined and does hereby find and determine that said petition is in substantial compliance with the provisions of Colorado Revised Statutes, 1973, Section 31-8-107 as amended, and WHEREAS, the owners of 100% of the property to be annexed have petitioned for said annexation, and WHEREAS,'not less than one -sixth (1/6th) of the perim- eter of the area to be annexed is contiguous with the City of Fort Collins and a community of interest exists between the territory to be annexed and the City of Fort Collins and the territory to be annexed is urban or will be urbanized in the near future and such territory is integrated or is capable of being integrated with the City of Fort Collins, and 64 1 WHEREAS, none of the provisions of Colorado Revised Statutes, 1973, Section 31-8-105, as amended, are violated by the annexation of this territory to the City, and WHEREAS, no election is required under the provisions of Colorado Revised Statutes, 1973, Section 31-8-107(2), as amended, and no additional terms and conditions are to be imposed in connection with this annexation, and WHEREAS, the territory is eligible for annexation and the City Council desires to annex the same to the City of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That all of the territory more particularly described as situate in the County of Larimer, State of Colorado, to -wit: A tract of land„situate in the SE 1/4 of the SE 1/4 of Section 24, and in the NE 1/4 of Section 25, Township 7 North, Range 69 West of the Sixth P.M., Larimer County, Colorado, which considering the South line of said Section 24 as bearing S 89045' W and with all bearings ' contained herein relative thereto is contained within the boundary lines which begin at the SE corner of said Section 24,•thence S 00°36' E 123.68 feet, thence S 89022'30" W-17.20 feet, thence along the arc of a 191.00 foot radius curve to the right a distance of 102.92 feet, the long chord of which bears N 75°11'15" W 101.68 feet, thence N 59°45' W 139.77 feet, thence along the arc of a 191.00 foot radius curve to the left a distance of 101.67 feet, the long chord of which bears N 75000' W 100.48 feet, thence S 89°45' W 989.35 feet to the SW corner of the SE 1/4 of the SE 1/4 of said Section 24, thence N 00°08'15" W 1323.51 feet to the NW corner of the SE 1/4 of the SE 1/4 of said Section 24, thence N 89042' E 1319.34 feet to the NE corner of the SE 1/4 of the SE 1/4 of said Section 24, thence S 00113'30" E 1324.67 feet to the point of beginning; containing 40.6323 acres. be and it hereby is annexed to the City of Fort Collins and made a part of said City to be known as the Woodward Governor Annexation to the City of Fort Collins. 1 65 Section 2. That in annexing said territory -to the City of Fort Collins, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the territory hereby annexed except as may be provided by the ordinances of the City of Fort Collins. _ _ - Introduced, considered favorably on first reading, and ordered published this 20th day of July , A.D. 1976, and to be presented for final passage on the 3rd day of August A.D. 1976. A ATTES Mayor6' City Clerk Passed and adopted on final reading this 3rd day of August , A.D. 1976. An ATTEST: City Clerk First Reading: July 20, 1976 Second Reading: August 3, 1976 Dates Published: July 25, 1976 Attest: City Clerk Mayor (Vote: Yeas: (Vote: Yeas: and August 8, 1976 5, Nays: 0) 7, Nays: 0) Ordinance Adopted on First Reading Zoning .the Woodward Governor Annexation Following is the City Manager's memorandLun on this item: "Ordinance No. 53, 1976, which will be up for final reading at the August 3rd meeting annexes the Woodward Governor Property located on the northwest corner of Drake Road and lemay Avenue to the City of Fort Collins. This annexation is in accordance with the agreement that was negotiated in 1974 and adopted in 1975. As a condition of the voluntary annexation agreement, the City agreed to give Woodward Governor an IG zoning." Councilman Suirn made a motion, seconded by Councilmen Bowling to adopt Ordinance No. 53, 1976 on first reading. Yeas: Cotmcilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. (Councilman Bloom out of room.) 66 1 1 1 1 1 1 Ordinance Adopted on Second Reading Amending Ordinance No. 34. 1976 Relating to Sewer Plant Investment Fees Following is the City Manager's memorandum on this item: "Ordinance No. 55, 1976, was adopted on first reading at the July 20th, 1976, Council meeting. There was one correction made on the submitted ordinance before final reading. In the category "B & C", the $515 for each additional dwelling unit was changed to $580. This ordinance is required to correct an error in the sequence of adopting the former sewer plant investment fee ordinances. Early in 1976, we adopted Ordinance No. 25 which was a comprehensive sewer utility ordinance which made changes in all parts of the sewer ordinance including the plant investment fees. When Ordinance No. 34 was adopted, it failed to take notice of the changes accomplished by Ordinance No. 25 and referred back to an earlier ordinance. This ordinance therefore clarifies the entire sewer plant investment fee program. We still expect to review the plant investment fees each. year." Councilwoman Gray made a motion, seconded by Councilman Russell to adopt Ordinance No: 55, 1976 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. ORDINANCE NO. 55 , 1976 BEING AN ORDINANCE AMENDING ORDINANCE NO. 34, 1976, RELATING TO CONNECTION FEES FOR THE SEWER UTILITY AND AMENDING ORDINANCE NO. 34, 1976, AND ORDINANCE NO. 25, 1976 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Ordinance No. 34, 1976, be, and the same hereby is, amended -to read as follows: "ORDINANCE NO. 34, 1976, BEING AN ORDINANCE AMENDING SECTION 112-83 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO CONNECTION FEES FOR THE SEWER UTILITY 67 "BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: "That Section 112-83 of the Code of the City of Fort Collins as enacted by Ordinance No. 25, 1976, be, and the same hereby is, amended by deleting therefrom the schedule contained in subsection C thereof and by substituting therefor the following schedule, to -wit: 'Category Utility Investment Fee Tap Charge A $797.00 $190.00 B & C $197.00 (for first $190.00 dwelling unit) $580.00 (for each additional dwelling unit) D,E & F Non-residential Water Meter Size (in inches) 3/4 $ 797.00 $190.00 1 1,333.00 190.00 1 1/2 2,651.00 190.00 2 4,252.00 215.00 3 7,976.00 215.00 4 13,308.00 215.00 6 26,477.00 225.00 G (Same as equivalent category) III Negotiated"' Introduced, considered favorably on first reading, and ordered published this 20th day of July, A.D. 1976, and to be presented for final passage on the 3rd day of August, A.D. 1976. ATTE City Clerk Mayor 1 1 Passed and adopted on final reading this 3rd day of August, A.D. 1976. ATTEST: ayor Crty C erk Cl First Reading: July 20, 1976 (Vote: Yeas: 6, Nays: 0) Second Reading: August 3, 1976 (Vote: Yeas: 7, Nays: 0) Dates Published: July 25, 1976 and August 8, 1976 Attest: tv Clerk Ordinance Adopted on Second Reading Regarding Telephone Occupation Tax ' "At its July 20,..1976, meeting the Fort Collins City Council adopted the aforementioned ordinance on first reading. At this meeting City Attorney, Arthur E. March, Jr., presented a compre- hensive report on the Mountain Bell Occupation Tax situation. Because of the legal question surrounding the occupation tax as a gross receipt tax, it was the final recommendation that the City impose a flat tax at this time and continue to study this matter to try to find a better method of tax for future years. At the same time, it was implied that the City would continue to pursue the lawsuit on the percent occupation tax with the hope that this would be upheld in a court case. The Council added the amount of $35,000 for the portion of 1976 remaining after the effective date of this ordinance and-$90,000 annually each subsequent year. In the fall of 1977, we will review this matter again to determine the type and amount that should be collected.'.' Councilman Bowling made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 56, 1976 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. ' 69 ORDINANCE NO. 56 , 1976 ' BEING AN ORDINANCE CONCERNING REVENUE AND IMPOSING A BUSINESS AND OCCUPATION TAX ON ALL TELEPHONE UTILITY COMPANIES OPERATING WITHIN THE CITY OF FORT COLLINS, PROVIDING FOR THE COLLECTION OF SUCH TAX AND PENALTIES WITH RESPECT THERETO BE IT ORDAINED BY THE COUNCIL OF THE.CITY OF FORT COLLINS: Section 1. Levy of Tax. There is hereby levied against every telephone utility company engaged in the business of furnishing local exchange telephone service within the City of Fort Collins (hereinafter the "City") a tax on the privi- lege of engaging in such business. The amount of such tax shall be $ 27,500.00 for the portion of 1976 remaining after the effective date of this ordinance and $90,000.00 annually for each subsequent year. Section 2. Payment of Tax. The tax levied by this ordinance shall be due on the first day of January of each year except the year 1976. The tax for years subsequent to 1976 shall be payable in twelve (12) equal monthly install- ments, each installment to be paid on the first business day of each calendar month. The tax for the remaining portion of 1976 shall be due on the effective date of this ordinance and shall be payable in equal monthly installments payable on the first day of each calendar month commencing with the first full month after the effective date of this ordinance. Section 3. Local Purpose. The tax provided herein is upon the affected occupations and business in their performance of local functions and is not a tax upon those functions relating to interstate commerce. Section 4. Failure to Pay. If any telephone utility company subject to this ordinance fails -to pay any install- ment of the taxes due under this ordinance on the date the same is due, the entire unpaid portion of the annual tax imposed herein shall immediately be due and payable in full and the same shall bear interest at the rate of ten percent (10%) per annum from the date of default of payment. The full amount of the tax, together with all interest accruing thereon, shall be and is hereby declared to be a debt due and owing from such utility to the City which shall be due and collectible from such company by civil action in any court of competent jurisdiction. 1 . 70 Section 5. Prior Occupation Tax. In enacting this ordinance, the City Council recognizes that an occupation tax on the business of furnishing local exchange telephone service within the City was previously imposed on Mountain States Telephone and Telegraph Company by virtue of an agreement for the payment of an occupation tax equal to two percent (2%) of the gross exchange revenues within the City of Fort Collins, such agreement being evidenced by a resolu- tion adopted by the City Council on April 3, 1942. Any tax owing by virtue of such agreement which accrued prior to the effective date of this ordinance shall remain unconditionally due and payable and shall constitute a debt owing to the City payable in conformity with the terms and provisions of the agreement as evidenced by the resolution referred to above and all of the terms and.provisions of said agreement and of the resolution evidencing the same shall be and remain in full force and effect for the purpose of the collection and payment of any and all such taxes due and payable thereunder, notwithstanding the provisions of this ordinance. From and after the effective date of this ordinance, the previous agreement for the payment of an occupation tax and the resolution evidencing the same dated April 3, 1942, shall be cancelled and of no other force and effect and the tax herein provided shall be in lieu of all other occupation ' taxes on the privilege of doing business within the City of Fort Collins on -any telephone utility company, subject to the provisions of this ordinance. Section 6. Effective Date. This ordinance shall take effect on August 31, 1976, and the first payment of the tax levied by this ordinance shall be due on September 1, 1976. Introduced, considered favorably on first reading, and ordered published this 20th day of July , A.D. 1976, and to be presented for final passage on the 3rd day of August A.D. 1976. ATTEST: City Clerk Passed and adopted on final reading this 3rd day of August , A.D. 1976. ATTEST: Mayor City Clerk 71 First Reading: Second Reading: Dates Published Attest: Lty Clerk July 20, 1976 August 3, 1976 July 25, 1976 (Vote: Yeas: 6, Nays: 0) (Vote: Yeas: 7, Nays: 0) and August 8, 1976 Ordinance Adooted on Second Reading Amending the Code Relating to Liquor Licenses Following is the City Manager's memorandum on this item: "Ordinance No. 57, 1976, was adopted on first reading at the July 20, 1976 meeting. This ordinance was required due to several changes made in the Beer Act and Colorado Liquor Code. The three major changes are (1) recognition of a new tavern license, (2) recognition of a new arts license, and (3) clarification on the revoking of inactive licenses." Councilwoman Reeves made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 57, 1976 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: Councilman Russell. ORDINANCE NO, 57, 1976 BEING AN ORDINANCE AMENDING CHAPTER 33 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO ALCOHOLIC BEVERAGES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Section 33-4 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: 1 33-4. Term of License, A. All liquor licenses granted by the Liquor Licensing Authority except special events permits and arts licenses shall be ,granted for a period of one year from the date of their issu- ance unless revoked or suspended," 72 1 1 1 1 1 That Section 33-5 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "§ 33-5, License tax assessed, B,. There is hereby levied and assessed for each year an annual occupations license tax upon the business of manufacturing or selling malt, vinous or spirituous liquors in the city as such occupations are classified in Section 12-47-.106 and Section 12-•47-124 (43), C,R,S,, 19.73, as amended, as follows: 1. Retail liquor store license, the sum of five hundred dollars ($500.), 2. Liquor licensed drugstore, the sum of five hundred dollars ($500,), 3. Beer and wine license, the sum of four hundred dollars ($400,), 4. Hotel and restaurant liquor license and tavern license the sum of one thousand five hundred dollars ($1,500.) 5, Extended hours hotel and restaurant license, extended hours beer and wine license, extended hours tavern license and extended hours club license, the sum of one hundred fifty dollars ($150.). 6. Club license, the sum of five hundred dollars ($500.). That Section 33-10 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "§ 33-10. Special Licenses. A. Special Event Permit. In accordance with the provisions of the laws of the State of Colorado, the local licensing authority may grant a'soecial event permit to any organization meeting the requirements for. such permit as established by the laws of the State of Colo- rado. In addition to the fees required to be paid to the State of Colorado for such Permit, there shall be Paid to the .., City of Fort Collins a fee of twenty-five dollars ($25) for each day that the permit allows the sale of malt, vinous, or spirituous liquor. Such fees shall be paid prior to the issuance of any such permit." 73 B. Arts License. In accordance with the provisions of the laws of the State of . Colorado, the local licensinq authority, may grant an arts license to any organization meeting the requirements for such license as established by the laws of the State of Colorado, In addition to the fees required to be paid to the State of Colorado for such permit, there shall be paid to the City of Fort Collins a fee of one hundred dollars ($100.) for each license allowing the sale of malt, vinous or spirituous liquor, Such fees shall be paid prior to the issuance of any such per- mit." That Section 33-14 of the Code of the City of Fort Collins, be and the same hereby is, amended to read as follows: "§ 33-14. Classifications and conditions of license, The local licensing authority may revoke or elect not to re- new a retail license if it determines that the licensed lo- cation has been inactive, without good cause, forat leastfora one year or, in the case of a retail license approved facility which has not been constructed, such facility hasonot been constructed and placed in operation within two years approval of the license application or construction of the facility has not commenced within one year of such approval," Introduced, considered favorably on first rreaadi1g76and ordered o be ore- lished this loth day of July August ,A.D, 1976, sented for fi'nai passage on t e 3rd day of ATTEST: Ci C erk 74 Mayor , 1 Passed and adopted on final reading this 3rd day of August A.D, 1976, Mayor ATTEST: City Clerk First Reading: July 20, 1976 (Vote: Yeas: 5, Nays: 1) Second Reading: August 3, 1976 (Vote: Yeas: 6, Nays: 1) Dates Published: July 25, 1976 and August 8, 1976 Attest: t City Clerk Ordinance Adopted on First Reading Vacating Certain Easements in the Bruce E. Miller Cedarwood Subdivision, Second and Fourth Filings . Following is the City Manager's memorandum on this item: "Previously, the City Council had approved the plats of the Second and Fourth Filings of the Bruce E. Miller Cedarwood Subdivision. Certain lots in these two filings were replatted as part of the Fifth Filing of Cedarwood Subdivision. Therefore, the easements in the Second and Fourth Filings are no longer required. This vacation of certain easements affects Lots 24, 25 and 26 of Bruce E. Miller Cedarwood Subdivision, Second Filing, and Lots 30, 31, 42, 43 and 44 of Bruce E. Miller Cedarwood Subdivision, Fourth Filing." Councilwoman Gray made a motion, seconded by Councilman Bowling to adopt Ordinance No. 62, 1976 on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. 75 Petition for Bike Lanes on Lindenmeier Road Received Following is the City Manager's memorandum on this item: "Petitions were previously received asking that the City Council participate in installation of bike lanes in the Andersonville area. The Administration has considered this request and a memo is enclosed from Roy Bingman on this subject. Recommendation: In view of the fact that no funds are available or this project at this time, the Administration recommends that no special action be taken on this request at this time; that the matter be considered as a part of the City's overall bikeway plan, and that the person submitting the petition be advised of this action." There was no action taken on this item. Resolution Approved Authorizing the Condemnation of Property at 321 Maple Street Following is the City Manager's memorandum on this item "The Administration has been negotiating for the acquisition of the property at 321 Maple Street. This property is needed for , the eventual expansion of the City Hall site. This appeared to be an appropriate time to acquire the property as it is now on the market for sale. So far our negotiations have not been successful, and we have not been able to come close to resolving the discrepancy between the asking price and our appraisal of the property. The enclosed Resolution would authorize the acquisition by condemnation procedures. Up to the time of the Council meeting the Land Acquisition Office will continue to negotiate for the land acquisition of the property; and if they are successful, the resolution will not be needed. Recommendation: Unless the Administration has successfully negotiated a proposed contract for purchase of the property by the time of the Council meeting, it is recommended that the Resolution be adopted authorizing acquisition of the property by condemnation." Councilman Bowling made a motion, seconded by Councilwoman Reeves to approve the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. 76 7 1 1 RESOLUTION 76-44 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS IN THE CITY WHEREAS, the City of Fort Collins desires to acquire the property hereinafter described as a part of the municipal building facilities of the City; and WHEREAS, the City has attempted to negotiate with the owner of said property for the acquisition of the same but has been unsuccessful in such negotiations and it appears it is necessary to acquire such property through proceedings in eminent domain. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1.' The City Council hereby finds and determines that it is necessary that the City of Fort Collins acquire the following described property situate in the City of Fort Collins, County of Latimer, State of Colorado, to -wit: The East one-half of Lot 1, Block 42, City of Fort Collins, Colorado. Section 2. The City Council hereby finds and determines that it is not possible to acquire such property by negotia- tion with the owner of the same and therefore authorizes the City Attorney and the other proper officials of the City to acquire such property for the City by eminent domain proceedings. Passed and adopted at a regular meeting of the City Council held this 3rd day_of August, A.D. 1976. ATTEST: ty C erk 77 Resolution Approved Adopting Amendments to the Rules of Procedure of the Liquor Licensing Authority Following is the City Manager's memorandum on this item: "The enclosed resolution is a companion to Ordinance No. 57, 1976, which is necessary to comply with recent changes in the Colorado 3.2% Beer Act and the Colorado Liquor Code. This resolution changes the amount to be charged as an application fee for all classes of 3.2% and liquor licenses from $300.00 to $350.00 and changes the ownership transfer fee from $50.00 to $150.00. All charges are to be used to defray expenses incurred by the City to process the application. At the July 28, 1976 regular meeting of the Liquor Licensing Authority, the Authority reviewed the proposed changes and recommended that the City Council approve the changes." Councilwoman Reeves made a motion, seconded by Councilwoman Gray to approve the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. RESOLUTION 76-45 OF THE COUNCIL OF THE CITY OF FORT COLLINS , ADOPTING AMENDMENTS TO THE RULES OF. PROCEDURE OF THE LIQUOR LICENSING AUTHORITY WHEREAS, the State of Colorado has recently enacted laws changing the Colorado Beer Code and Colorado Liquor Code, and WHEREAS, the Liquor Licensing Authority has reviewed the proposed amendments to the rules of procedure set forth below and recommends :adoption of such rules by the City Council in order to bring said rules of procedure relating to alcoholic beverages into harmony with State law, and WHEREAS, the City Council approves the proposed amendments to the rules of procedure governing the Liquor Licensing Authority. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that §33-30 , being a Rule of Procedure of the Liquor Licensing Authority of the City of Fort Collins be, and the same hereby is amended to read as follows: 78 I'§33-30. Applications, fees and hearings. U B. At the time of submitting the application, the applicant shall pay an application fee of three hundred fifty dollars ($350.) to the city. Such fee shall be used to defray the expense incurred by the city for the review, investigation, supplies, publications and posting of premises, services of a reporter and the transcript of proceedings and all other services of personnel of the City of Fort Collins which pertain to the application. Such application fee shall apply only to applications for new licenses, to appli— cations for the transfer of location of an existing license and to applications for substantial enlargement, modification or expansion of licensed premises as defined in these rules." BE IT FURTHER RESOLVED that §33-39 being a Rule of Procedure of the Liquor Licensing Authority of the City of Fort Collins be, and the same hereby is amended to read as follows: " §33-39 New licenses; policies and procedures. F. An application fee of three hundred fifty dollars ($350.) shall be submitted with the application. The fee shall be used to defray the expense incurred by the city for the review, investi— gation, supplies, publication and posting of premises, services of a reporter and the transcript of proceedings and all other services of personnel of the city which pertain to the application." BE IT FURTHER RESOLVED that §33-40 ,being a Rule of Procedure of the Liquor Licensing Authority of the City of Fort Collins be, and the same hereby is amended to read as follows: " §33-40• Change of ownership of licensed premises. H. A transfer fee of one hundred fifty dollars ($150.) shall be deposited with the application, the same to cover the work of investigation and review by the City Clerk and Police Department." BE IT FURTHER RESOLVED that §33-41 , being a Rule of Procedure of the Liquor Licensing Authority of the City of Fort Collins be, and,the same hereby is amended to read as follows: 79 " §33-41 . Transfers of location; expansions. B. The policies and ,procedures for such change of licensed premises shall be the same as those set forth in §33-41 hereof, except information and investigation regarding the applicant shall not be required. The application fee of three hundred dollars ($350.) shall be charged; provided however, that in the case of an enlargement of the premises not exceeding twenty-five percent (25%) of the original licensed premises, the fee charged shall be one hundred fifty dollars ($150.) and publication and posting of the premises and services of a reporter at the hearing shall not be required, unless otherwise ordered by the Liquor Licensing Authority." Passed and adopted at a regular meeting of the City Council held this 3rd day of August , A.D. 1976. ATTEST: City Clerk Various Deeds and Easements Approved Following is the City Manager's memorandum on this item: "The deeds and easements listed below are in connection with the Urban System Project for the construction of a Lincoln Street Bridge. Although the City had to sign and finally accept the easements, the right-of-way people from the State Highway Depart- ment provided for the negotiations to obtain this property. The right of way is necessary to provide improved alignment of the bridge. The cost of the right of way is included in the total project cost which includes 74'/ Federal participation. 1. Dwight S. Miller and Dorothy M. Miller - consideration, $3,000. 80 1 �l 2. Winnifred B. Brainard - consideration, $2,250. 3. Reid Burton Construction Co. - consideration, $350." Councilman Bowling made a motion, seconded by Councilman Russell to accept the deeds and easements as presented. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Adjournment Councilman Bowling made a motion, seconded by Councilman Russell to adjourn. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. ' ATTEST: City nerk 81 I