HomeMy WebLinkAboutMINUTES-12/13/1977-AdjournedDecember 13, 1977
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council - Manager Form of Government
Adjourned Meeting - 5:30 P.M.
A regular meeting of the Council of the City of Fort Collins
was held on Tuesday, December 13, 1977 at 5:30 p.m. in the
Council Chambers in the City of Fort Collins City Hall. Roll
call was answered by the following Councilmembers: Bloom,
Bowling, Gray, St. Croix, Suinn and Wilkinson. (Secretary's
Note: Councilman Russell arrived at 5:35 p.m.)
Staff Members Present: Arnold, Lanspery, Deibel, Ferluga,
Sanfilippo, Wood, Rice, Smith, Kaplan,
Bingman, Liley and Lewis.
Also: City Attorney Arthur March, Jr.
Minutes of the Regular Meeting of November 15, 1977,
and the Adjourned Meeting of November 22, 1977
Approved as Published
Councilman Wilkinson made a motion, seconded by Councilman Bowling
to approve the minutes of the Regular Meeting of November 15,
1977 and the Adjourned Meeting of November 22, 1977 as published.
Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and
Wilkinson. Nays: None.
THE MOTION CARRIED
Ordinance Adopted on Second Reading
Adopting the 1976 Building Code
This ordinance was considered on first reading at the October 26,
1977, City Council meeting. The ordinance adopts as the City
Building Code the 1976 Edition of the Uniform Building Code
promulgated by the International Conference of Building Officials.
Councilwoman Gray recommended that the Crime Prevention Bureau
be consulted on all future meetings dealing with routine revisions
to the building code.
Councilman Wilkinson made a motion, seconded by Councilman Suinn
to adopt Ordinance No. 129, 1977 on second reading. Yeas:
Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson.
Nays: None.
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December 13, 1977
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ORDINANCE NO. 129 , 1977
BEING AN ORDINANCE RELATING TO THE REGULATION OF
ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION,
REPAIR, MOVING, REMOVAL, CONVERSION, DEMOLITION.
OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND
MAINTENANCE OF BUILDINGS OR STRUCTURES IN THE
CITY OF FORT COLLINS, COLORADO; ADOPTING BY
REFERENCE THERETO THE UNIFORM BUILDING CODE,
1976 EDITION, VOLUME I, OF THE INTERNATIONAL
CONFERENCE OF BUILDING OFFICIALS, TOGETHER
WITH THE UNIFORM BUILDING CODE STANDARDS, 1976
EDITION, REPEALING ALL ORDINANCES OF THE CITY
OF FORT COLLINS, COLORADO, IN CONFLICT OR
INCONSISTENT THEREWITH AND PROVIDING A PENALTY
FOR VIOLATION OF THE PROVISIONS OF SAID
BUILDING CODE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1. Adoption. Pursuant to the power and authority
conferred on the City Council of the City of Fort Collins,
Colorado, by Part 2 of Article 16 of Title 31, C.R.S. 1973,
as amended, and Article I, Section 7, of the Charter of the
City of Fort Collins there is hereby adopted as the Building
Code of the City of Fort Collins by reference thereto the
Uniform Building Code, 1976 Edition, Volume I, together with
the Uniform Building Standards, 1976 Edition, published by
the International Conference of Building Officials, 5360
South Workman Mill Road, Whittier, California, 90601, all to
have the same force and effect as if set forth herein in
every particular. The subject matter of the adopted codes
includes comprehensive provisions and standards regulating
the erection, construction, enlargement, alteration, repair,
moving, removal, conversion, demolition, occupancy, equipment,
use, height, area and maintenance of buildings and structures
for the purpose of protecting the public health, safety and
general welfare.
Section 2. Amendments and Deletions. The Uniform
Building Code, 1976 Edition, Volume I, hereby adopted is
hereby amended and changed in the following respects:
A. Section 204 thereof is hereby deleted and the
following substituted therefor:
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December. 13, 1977
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"Sec. 204.(a) In order to determine the suitability of
alternate materials or alternate methods of construction
and to provide for reasonable interpretations of the
provisions of this code, there shall be and is hereby
created a Building Board of Appeals consisting of five
(5) members who are qualified by experience and training
to pass upon matters pertaining to building construction.
In addition to such five (5) members, the Chief Building
Inspector and the Chief of the Fire Prevention Bureau
shall be ex officio members�of the Board without vote.
The Chief Building Inspector shall act as Secretary of
the board.
"(b) The five (5) members of the Building Board of
Appeals shall be appointed by the City Council and
shall serve for a term of four (4) years at the pleasure
of the Council. Members shall serve without pay. The
appointment of any member may be terminated for non-
attendance to duties and for cause. The members of the
Building Board of Appeals heretofore in existence are
hereby appointed as members of the Building Board of
Appeals herein created to serve until their terms on
the said former Building Board of Appeals would have
expired.
"(c) Whenever the Chief Building Inspector or other
administrative official of the city charged with the
enforcement of building regulations (but specifically
not to include ,the zoning laws of the City of Fort
Collins) refuses to issue a building permit for the
reason that the proposed building or structure does not
comply with the building regulations of the city, the
person applying for the permit may file with the Building
Board of Appeals a request for relief from the decision
of the Chief Building Inspector, stating that the
refusal to issue the building permit to him was based
on an erroneous interpretation of the building regulations.
The Building Board of Appeals shall hear and decide all
appeals made to it and shall have the duty to authorize
and direct the Chief Building Inspector to issue a
permit only under the following circumstances:
"(1) When the Board determines that the interpre-
tation of the building regulations of the city by
the Building Inspector was in fact erroneous.
"(2) When the Board determines that the alternate
design, alternate materials and/or alternate
methods of construction requested by the applicant
are, in fact, equivalent to those prescribed by
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December 13,.1977
the code considering quality, strength, effective-
ness, fire resistance, durability, safety and all
other pertinent factors.
"(d) The Building Board of Appeals shall require
that sufficient evidence or proof be submitted to
substantiate any claims that may be made regarding the
design, alternate materials or alternate methods.
Unless specifically extended by the Board, the authoriza-
tion for any variance shall be valid for not more than
six (6) months from the date granted.
"(e) Persons desiring to appeal a decision of the
Chief Building Inspector to the Building Board of
Appeals shall, at the time of making such appeal, pay
to the Director of Finance a docket fee in the amount
of ten dollars ($10.). Written notice of hearings
shall be given to all parties concerned at least three
(3) days prior to the hearing or by mailing the same to
such party's last known address by regular mail. The
Board shall from time to time adopt such additional
rules and regulations as it deems necessary and advisable
for the conduct of its hearings and for carrying out
the provisions hereof.
"(f) A quorum of three (3) regularly appointed
members shall be necessary for any meeting of the
Building Board of Appeals, and the affirmative vote of
at least three (3) regularly appointed members shall be
necessary to authorize any action of the Board. The
said Board may exercise any power or perform any duty
regardless of whether the number of qualified members
appointed to the Board shall at any time be less than
five (5).
"(g) In addition to the power to determine the
suitability of alternate materials and methods of
construction and to provide interpretations of the
code, the Board of Appeals shall have the power upon
application of a property owner to authorize a variance
from the requirements of Section 104 of this code where
the Board determines that the strict application of
such requirements would result in peculiar and exceptional
practical difficulties or exceptional and undue hardship
upon the owner of the property, provided that the Board
further determines that the variance applied for is
reasonable in view of all of the circumstances considered
by the Board and the construction pursuant to the
variance would not materially increase any hazard to
life or property. In considering a request for such a
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December. 13, 1977
variance, the Board shall consider the feasibility of
following the strict requirements of the code; the use
made or proposed to be made of the property; if applicable,
the historic significance of the property; economic
factors relating to the cost of construction; and any
other factors which the Board determines are of signifi-
cance in connection with the application for a variance.
The overriding consideration in all cases shall be the
danger to life or property, and the Board shall not
approve a variance in cases where significant hazards
to life or property will continue or be created.
"(h) The Board of Appeals shall further have the
power upon application of a property owner to vary the
requirement of Sections 1602 and 1603 of the Uniform
Building Code so that properties located in Fire Zones
1 or 2 do not have to meet the additional requirements
of such zones but may meet only the requirements set
forth for properties located in Fire Zone 3. In granting
any variance hereunder, the Board of Appeals shall
consider any factor which affects life or property
safety, including the type and proximity of improvements
on adjoining properties, setbacks from the property
line for the improvements in question and the use to be
made of the improvements to be constructed. A variance
hereunder shall be allowed only if the Board determines
that the lesser requirements imposed by Fire Zone 3 are
adequate to safeguard life and property in view of all
factors considered. Variances shall not be allowed
where significant hazards to life or property will
result."
B. Table No. 3-A entitled "Building Permit Fees"
contained in Section 303(a) is amended by deleting therefrom
the first line of said table which reads as follows:
"TOTAL VALUATION FEE
11$1.00 to $500.00 $5.00"
and by substituting therefor the following:
"TOTAL VALUATION FEE
"Less than $20.00 No fee or permit
$20.00 to $500.00 $5.00"
C. Section 407 is amended by deleting therefrom the
definition of family and by substituting therefor the following:
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December. 13,.1977
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"FAMILY is an individual or two or more persons related
by blood or marriage or an unrelated group of not more
than three (3) persons living together in a dwelling
unit."
(All of the definitions in Section 407 remain unchanged.)
D. Section 413 is amended by adding in the proper
alphabetical order an additional definition for lofts as
follows:
"LOFT is an intermediate floor placed in any story or
room within individual dwelling units of Group R occupancy
that is essentially open to the atmosphere of that
story or room, except that enclosed closets less than
three (3) feet in depth and enclosed toilet rooms less
than sixty (60) square feet in area may be permitted in
conjunction therewith."
(All of the other definitions in Section 413 remain unchanged.)
E. Exception No. 4 to Section 503(d) is amended to
read as follows:
"4. In the indicated one -hour occupancy separation
between Group R,Division 3 and M Occupancy, the separation
may be limited to the installation of materials having
a U.L. Class F-45 rating, and a tight -fitting solid
wood door one and three -eighths (1-3/8) inches in
thickness will be permitted in lieu of a rated fire
assembly. Fire dampers shall not be required in ducts
piercing this separation, provided they are constructed
of No. 26 gauge galvanized steel."
F. Section 1302 is amended by adding an additional
subsection (c) thereto as follows:
"(c) Lofts. Lofts may be installed in any story
or room of individual dwelling units when they meet the
following requirements:
"l. Lofts shall not exceed 33-1/38 of the
total floor area of the story or room in which they are
installed, including separate spaces under the loft but
having a common atmosphere with the primary room.
"2. Minimum headroom below a loft shall be
7'-0" measured to the lowest projection.
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December. 13, 1977
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3. Minimum headroom above the loft floor
shall conform to the requirements of Section 1307(a)
and 1407(a).
"4. Ceilings over kitchens, storage or
furnace rooms shall be one hour rated.
"5. A stairway complying with Section 3305
shall be required from lofts having bathrooms and lofts
having greater than seventy (70) square feet of floor
area.
"6. Where lofts are intended to be used for
sleeping rooms, smoke detectors as specified in Section
1310(a) shall be required.
"7. The loft rails shall be at least thirty
six (36) inches high.
"8. The open side of the loft shall be a
minimum of sixty five percent (65%) open to the story
or room into which it projects.
"9. Light and ventilation shall be provided
according to the requirements of Section 1305(a).
"10. Any loft containing an enclosed bathroom
shall be provided with windows as required for sleeping
rooms as specified in Sections 1304 and 1404.
"ll. Lofts need not comply with the require-
ments of a story.
"EXCEPTION: Structural framing affected by the loft
shall comply with Section 2518(g)."
G. Section 1304 is amended by deleting the last para-
graph thereof and by substituting the following therefor:
"All egress or rescue windows shall meet the
following minimum requirements:
"l. A minimum net clear opening of 5.7
square feet. The minimum net clear opening height
dimension shall be 24 inches. The minimum net clear
opening width dimension shall be 20 inches. The maximum
height from the top of the floor to the finished sill
shall be 44 inches.
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December 13, 1977
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"2. Windows with a net clear openable area
of not less than 5 square feet with no dimension less
than 22 inches shall be deemed to meet the requirements
of this section, provided the finished sill heights are
not over 48 inches above the floor finish."
H. Section 1310(a) is amended by adding at the end
thereof the following:
"Whenever practical, such detectors shall be operated
from the electrical system of the structure in preference
to batteries."
I. Section 1404 is amended by deleting therefrom the
last paragraph and by substituting therefor the following:
"All egress or rescue windows shall meet the
following minimum requirements:
"1. A minimum net clear opening of 5.7
square feet. The minimum net clear opening height
dimension shall be 24 inches. The minimun net clear
opening width dimension shall be 20 inches. The maximum
height from the top of the floor to the finished sill
shall be 44 inches.
"2. Windows with a net clear openable area
of not less than 5 square feet with no dimension less
than 22 inches shall be deemed to meet the requirements
of this section, provided the finished sill heights are
not over 48 inches above the floor finish."
J. Section 1413 is amended by adding thereto at the
end thereof the following:
"Whenever practical, such detectors shall be operated
from the electrical system of the structure in preference
to batteries."
K. Chapter 14 is amended by adding thereto an additional
Section 1414 as follows:
"Sec. 1414. Lofts. Lofts may be installed in any
story or room of individual dwelling units when they
meet the following requirements:
"(1) Lofts shall not exceed 33-1/3% of the total
floor area of the story or room in which they are
installed, including separate spaces under the loft but
having a common atmosphere with the primary room.
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December 13,. 1977
"(2) Minimum headroom below a loft shall be V -0"
measured to the lowest projection.
"(3) Minimum headroom above the loft floor shall
conform to the requirements of Section 1307(a) and
1407(a).
"(4) Ceiling over kitchens, storage or furnace
rooms shall be one hour rated.
"(5) A stairway complying with Section 3305 shall
be required from lofts having bathrooms and lofts
having greater than seventy (70) square feet of floor
area.
"(6) Where lofts are intended to be used for
sleeping rooms, smoke detectors as specified in Section
1413 shall be required.
"(7) The loft rails shall be at least thirty six
(36) inches high.
"(8) The open side of the loft shall be a minimum
of sixty five percent (65%) open to the story or room
into which it projects.
"(9) Light and ventilation shall be provided
according to the requirements of Section 1405(a).
"(10) Any loft containing an enclosed bathroom
shall be provided with windows as required for sleeping
rooms as specified in Sections 1304 and 1404.
"(11) Lofts need not comply with the requirements
of a story.
"EXCEPTION: Structural framing affected by the loft
shall comply with Section 2518(g)."
L. Section 1707 is amended by inserting new sections
(b) and (c) as follows:
"(b) General - Mechanical units, ducts, piping or
structures shall not be installed, replaced or reset on
roofs without being properly supported by curbs, pads,
bases or piers which shall be flashed to the roofing in
a watertight manner. All unsupported sections of
mechanical equipment shall be a minimum of twelve (12)
inches above the plane of the roof so that they will not
obstruct the reroofing process. Mechanical units shall
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December 13,.1977
mean heating, air handling, refrigeration and ventilation
equipment, including fans, blowers and similar types of
equipment. Units shall be so located that proper
drainage from the roof will not be blocked or impeded.
"(c) Weatherproofing Roof Openings - Roof openings
surrounded by curbs shall be sheathed over solidly and
covered with a minimum of twenty-six gauge metal or
equal. All seams and mitre corners shall be riveted
and soldered in a watertight manner. Such curbs shall
be a minimum of nine (9) inches in height."
and by relettering the existing Sections (b) and (c) to (d) and
(e), respectively.
M. Section 1711(a) is amended to read as follows:
"Sec. 1711. (a) Floor and walls - nondwelling units.
"In other than dwelling units, toilet room floors shall
have a smooth, hard non -absorbent surface such as
portland cement, concrete, ceramic tile, quarry tile,
sheet vinyl inlay not less than seventy-five thousandths
(0.075) inch in thickness (wear thickness not less than
thirty-five thousandths (0.035) inch), monolithic
seamless floor systems (when installed over concrete),
ceramic floor system incorporating non -absorbent backing
materials when installed with waterproof adhesives and
other approved materials. Non -absorbent materials
shall extend upward onto the walls at least four (4)
inches.
"Where vinyl inlay or seamless systems are extended
upwards, the junction at floor and wall shall be
coved. Ceramic and quarry -type bases may be installed
with vinyl or seamless coverings if set with waterproof
adhesives.
"Walls within water closet compartments and walls
within two (2) feet of the front and sides or urinals
shall be similarly finished with approved materials to
a height of four (4) feet and, except for structural
elements, the materials used in such walls shall be of
a type which is not adversely affected by moisture.
"EXCEPTIONS:
"l. In heavy traffic areas with uncontrolled use
of toilet facilities such as service stations, transporta-
tion terminals, food and drink establishments, public
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December 13, 1977
toilet facilities and open mall toilets, floor covering
shall not include sheet vinyl inlay.
"2. Carpet and other floor coverings may be
installed in private, individual toilets with restricted
access."
N. Section 1711(b) is amended to read as follows:
"Sec. 1711. (b) Toilet facilities - Toilet facilities
and water closet compartments on the first floor and on
floors served by a ramp or elevator shall have a clear
and unobstructed access of not less than 32 inches. A
clear space, unobstructed by door swing, grab bars and
similar items, of not less than 32 inches, shall be
provided in front of the toilet stool. Grab bars shall
be provided on two sides, or one side and the back of
each toilet compartment. Toilet facilities shall be
identified by the universal symbol for the orthopedically
impaired. -
"EXCEPTIONS:
"1. In Group R Division 3 and M Occupancies and
within individual units in apartments, the clear width
of water closet compartments may be 30 inches; the
clear space in front of the toilet stool may be 24
inches; grab bars shall not be required; and facility
need not.be identified for the handicapped.
"2. Where more than one water closet compartment
is provided, only one such compartment within each
toilet room for each sex need comply with the requirements
of this subsection. For all other compartments, grab
bars shall not be required; the access may be 24 inches;
and clearances shall be as set forth in Exception No. 1
above.
"3. Where more than one (1) one-half bath compart-
ment (stool and wash basin) is provided on a floor
served by a ramp or elevator, only one such compartment
for each sex need comply with the requirements of this
subsection.
"4. In hotels and motels of Group R Division 1
Occupancies, only four percent (4%) (but no less than
one), of the total number of units shall be required to
comply with the Toilet Facilities requirements of this
subsection.
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December 13, 1977
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5. When only one water closet per building is
required for each sex, grab bars shall not be required
in the toilet facilities."
O. Section 1711(c) is amended to read as follows:
"(c) Toilet room faciliites. In other than Group
R, Division 1 Apartment House Group M, and Group R,
Division 3 Occupancies, toilet room facilities shall be
as follows:
"l. Except for the projection of bowls and
waste piping, a clear unobstructed space 26 inches in
width, 27 inches in height and 12 inches in depth shall
be provided under at least one lavatory.
"2. Where mirrors are provided, at least one
shall be installed so that the bottom of the mirror is
within 40 inches of the floor.
"3. Where towel and disposal fixtures are
provided, at least one shall be within 40 inches of the
floor."
P. Section 1711(g) is amended to read as follows:
"(g) Glazing for shower and bathtub enclosures.
Glazed openings in walls of tub and shower areas shall
be glazed with fully tempered glass, laminated safety
glass or approved plastic.
"EXCEPTION: Glazed openings with a minimum finished
sill height of five feet above the tub or shower base."
Q. An additional subsection (h) to Section 1711 is
added as follows:
"(h) Plastics. Plastics used in doors and panels
of shower and bathtub enclosure shall be of a shatter-
resistent type."
R. Section 1716 is amended by adding an Exception 6
thereto as follows:
"6. In Group R, Division 3 and M Occupancies and
within individual units in apartments, handrails may be
raised to 36 inches above the nosing of the tread."
S. Section 2305(d) is amended by adding the following
sentence at the end of the second paragraph thereof:
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December 13, 1977
"Design snowload shall be thirty (30) pounds per square
foot."
T. Table No. 29-A entitled "Foundations for Stud
Bearing Walls --Minimum Requirements" which follows Section
2909 is amended to read as follows:
"TABLE NO. 29-A - FOUNDATIONS FOR STUD BEARING
WALLS --MINIMUM REQUIREMENTS
Thickness of Width of Thickness Depth of Founda-
Number Foundation Wall Footing of Footing tion Below Natural
Of (inches) (inches) (inches) Surface of Ground
Stories and Finish Grade
Concrete Solid Unit (inches)
Masonry
1 8 8 16 8 30
2 8 8 20 10 30
3 10 10 24 12 30
"NOTE: For the purposes of Table No. 29-A only, one
(1) story means one (1) roof load plus one (1) floor
load; two (2) stories means one (1) roof load plus two
(2) floor loads; three (3) stories means one (1) roof
load plus three (3) floor loads."
U. Section 3303(i) is amended by adding at the end
thereof the following sentence:
"Where a door leads to a potentially hazardous area,
the door shall be equipped with a locking device.
V. Section 3306(d) is amended to read as follows:
"(d) Landings -Ramps having slopes greater than
one (1) vertical to fifteen (15) horizontal shall have
landings at the top and bottom and at least one inter-
mediate landing shall be provided for each five (5)
feet of rise. Top and landing and intermediate landings
shall have a dimension measured in the direction of
ramp run of not less than five (5) feet, and the top
landings of ramps required for the handicapped shall
extend one (1) foot on each side of the doorway.
"Landings at the bottom of the ramps shall have a
dimension in the direction of ramp run of not less than
six (6) feet.
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December 13, 1977
"Doors in any position shall not reduce the minimum
dimensions of the landing to less than forty two (42)
inches and shall not reduce the required width by more
than three and one-half (3-1/2) inches when fully
opened."
W. Table 33-A following Section 3321 is amended by
adding a footnote No. 8 referring to hotels and apartments
as follows:
"8. Except for apartments, in all Group R Division
1 Occupancies where access is not at grade level, a
ramp or elevator shall be provided for the floor closest
to grade."
X. Section 5108 is amended as follows:
(1) By deleting from subsection (d) thereof the
last sentence which reads as follows:
"Fees for Certificate of Inspection shall be as
specified in this section."
(2) Subsection (e) thereof is deleted.
Y. Section 5113(a) is amended by adding thereto at the
end thereof the following:
"Inspections shall be made by either a certified Elevator
Contractor or a certified Elevator Inspector."
Z. Section 5406 and Table 54D in Chapter 54 are deleted.
(Impact requirements are covered by Federal Law.)
A.A. Chapter 70 in the Appendix is hereby deleted.
Section 3. Definitions. The following terms, as used
in the Uniform Building Code, shall have the meaning indicated:
BUILDING OFFICIAL - The City Building Inspector. Such
term shall be synonymous with the Chief Building Inspector
and shall include all his designated representatives.
MUNICIPALITY or CITY - The City of Fort Collins.
Section 4. Violations and penalties. The following
section of the Uniform Building Code contains a penalty
clause which is herewith set forth in full as required by
Part 2, Article 16, Title 31, C.R.S. 1973, as amended, and
Article II, Section 7, of the Charter of the City of Fort
Collins:
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December 13, 1977
Sec. 205. It shall be unlawful for any person, firm or
corporation to erect, construct, enlarge, alter, repair,
move, improve, remove, convert or demolish, equip, use,
occupy or maintain any building or structure in the
city, or cause the same to be done, contrary to or in
violation of any of the provisions of this code.
Any person, firm or corporation violating any of the
provisions of this code shall be deemed guilty of a
misdemeanor, and each such person shall be deemed
guilty of a separate offense for each and every day or
portion thereof during which any violation of any of
the provisions of this code is committed or permitted,
and upon conviction of any such violation such person
shall be punishable by a fine of nor more than three
hundred dollars ($300.) or by imprisonment for not more
than ninety (90) days, or by both such fine and imprison-
ment.
Section 5. Fire zones. Sections 38-6 through 38-8 of the
Code of the City of Fort Collins establishing fire zones are
hereby made applicable to the Uniform Building Code herein
adopted; and the fire zones therein created shall be the fire
zones referred to in Part IV of said Uniform Building Code.
Section 6. Copies of code to be on file; sale. At
least three (3) copies of the Uniform Building Code, 1976
Edition, Volume 1, and the Uniform Building Code Standards,
1976 Edition, shall be on file in the office of the City
Clerk of the City of Fort Collins, Colorado, at least fifteen
(15) days preceding the hearing date set herein and may be
inspected by any interested persons during normal business
hours. After the public hearing thereon and final reading
and adoption by reference, the Building Code as finally
adopted shall be available for sale to the public through
the office of the City Clerk at a price not to exceed the
city's actual costs.
Section 7. Repealer; exception. Article I of Chapter
38, Sections 38-1 through 38-5.2, inclusive, of the Code of
the City of Fort Collins is hereby repealed; provided,
however, that the repeal of said Article shall not revive
any other section of any ordinance or ordinances heretofore
repealed or superseded, and provided further that such
repeal shall not make lawful any violation of the Article
hereby repealed, and provided further that construction
under any building permit heretofore taken out under the
Article herein repealed may be continued in conformance with
such repealed Article or if the owner thereof elects in
conformance with the Article herein enacted.
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December 13, 1977
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I
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Introduced, considered favorably on first reading and
ordered published this 1st day of November,_A.D. 1977, and____________
to be presented for final passage on the 13th day of_December ,
A.D. 1977. „
ATTEST:-
'ei/L
ty Clerk
Passed and adopted on final reading this
December , A.D. 1977.
ATTEST /
City Clerk
13th day of
First Reading: November 1, 1977 (Vote: Yeas: 6, Nays: 0)
Second Reading: December 13, 1977 (Vote: Yeas: 6, Nays: 0)
Dates Published: November 6, 1977 and December 18, 1977
Attest:
.r
City Clerk
Certification of Petition for Proposed Ordinance
Received
This item is certification from the City Clerk that there are
sufficient valid signatures on the petition submitted to the
City Council for a proposed ordinance prohibiting the consumption
or sale of alcoholic beverages in City facilities.
337
December. 13, 1977
STATE OF COLORADO )
COUNTY OF LARTMFR ) SS.
)
CITY OF FORT COLLINS )
I, Verna Lewis, Chairman of the Board of Elections of
the City of Fort Collins, Colorado, do hereby certify that I have
canvassed the Petition for adoption of an ordinance which was filed
with the Fort Collins City Council on the 15th day of November,
1977, and find the following results:
Number of Signatures 1,730
Number of Signatures Required 778.9 - 15%
Number of Verified Signatures 780
This Petition is, therefore, sufficient to be placed on
the ballot at a Special Election.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the City of Fort Collins, this 23rd day of November, A. D.
1977.
zZle
City Clerk and Chairman of the .
Board of Elections
338
December. 13, 1977
Councilwoman Gray made a motion, seconded by Councilman Bowling
to accept the certification results presented by the City Clerk.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, 'St. Croix,
Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Ordinance Adopted on First Reading
Calline for a Special Election on April 18. 1978
This ordinance calls for a special election so that the electorate
can consider an ordinance prohibiting the consumption or sale
of alcoholic beverages in City facilities.
Councilman Wilkinson made a motion, seconded by Councilman Bowling
to adopt Ordinance No. 139, 1977 on first reading. Yeas:
Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn
and Wilkinson. Nays: None.
THE MOTION CARRIED
Ordinance Adopted on First Read
Pertainin¢ to Election Precincts and Po
It is necessary to revise the election precincts in the City
and the polling places in order to reflect changes in City
boundaries and available polling places. This ordinance will
establish precincts and polling places which correspond as
nearly as possible with those of the County.
Councilman St. Croix made a motion, seconded by Councilman
Bowling to adopt Ordinance No. 140, 1977 on first reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Resolution Adopted Approving Transferring
Funds Between Appropriations
Following is the City Manager's memorandum on this item:
339
1
December 13, 1977
1
As required by City Charter, it is necessary during the last quarter of the
fiscal year to amend our Appropriation Ordinance to reflect revised 1971
budget estimates. Through this Resolution, we are shifting allocations among
general fund departments and water and sewer fund accounts as discussed during
the budget review process.
Listed below are specific justifications for over -expenditures in various
accounts which we have recommended transfers be made.
1977 1977 Amount of
Deparb ent/Program Adopted Revised Transfer
City Council $ 48,861 $ 54,645 $ 5,784
This transfer primarily covers the voter -
approved salary increases for the Mayor
and City Council effective April of 1977.
City Manager's Office 128,330 130,590 2,260
This transfer is needed to cover additional
printing costs associated with producing
the annual budget. It also covers the
Assistant City Manager's temporary salary
increase while serving as Interim City
Manager.
City Attorney 14,192 76,000 1,803
Legal publication costs which were not
adequately budgeted for are covered by
this transfer.
Finance $731,370 $745,487 $ 14,'117
This transfer is necessary to cover expen-
ditures associated with the purchase of
the financial system software package.
Insurance 88,000 141,306 53,306
This amount reflects the dramatic increase
in our annual liability insurance program
costs. This figure is based on our newly
approved contract with Gulf Insurance.
Engineering Services Administration 47,647 55,087 7,440
The hiring of an assistant to the Engineer-
ing Services Director in June accounts for
this increase.
340
December 13, 1977
1977 1977 Amount of
Department/Program Adopted Revised Transfer
Building Inspection 194,750 201,136 6,386
Additional building inspection personnel
were hired during 1977. we are also using
our recessionary fiords to cover additional
increases in this account.
Streets 610,273 660,980 18,030
The primary reason for this transfer is to
cover patching costs for the Water and Seger
Department which will be reimbursed as a
revenue to the general fund. Also, a small
expenditure ($2,525) is a cost associated
with the Downtown explosion.
and Recreation Administration 44,716 46,000 1,284
Increased expenditures for department
reproduction services are the reason for
this increase.
Grandview Cemetery 143,021 150,000 6,979
The cost of the cemetery administration
building addition and modifications to
the pimp system at Grandview are causes
for this transfer.
Library $434,308 $443,235 $ 8,927
Utility costs were under -budgeted
when.preparing the 1977 budget because
we had no experience with the operation
of the new Library.
Cultural Affairs 45,597 82,125 36,528
In June of 1977 we submitted the revised
Cultural Resources Budget that was
necessary for the operation of the New
Museum and the ludlow Room. This transfer
implements those changes.
341
December. 13, 1977
1977 1977 Amount of
Dep rtmnt/Program Adopted Revised Transfer
Transfers 10,000 12,500 2,500
The Cities of Ioveland and Fort Collins
sharing formula payment to the Airport
is $12,500 per City for 1977. We had
originally budgeted '$10, 000 for this
purpose.
TOTAL AMOUNT, OF MNERAL FUND TRANSFERS: $165,349
WATER FUND
Source of Supply $123,520 $156,370 $ 32,850
Due to the water shortage and the shutdown
of the Soldier Canyon outlet, it was bene-
ficial to acquire raw water from other
sources as a supplement to City reserves.
With State inspection of irrigation reser—
voirs, the City stock assessments were
also increased. The increased use of Horse -
tooth water through the Soldier Canyon Plant
also increased our user charges.
Administration and Billing 288,532 334,783 46,251
Inspection personnel on the Joe Wright
Project as well as inhouse temporary per-
sonnel to assist in the water system study
are covered. legal fees associated with
Peserved Right Claims and court hearings
on water transfers exceeded budget levels.
In addition, water conservation program
and water contamination testing and abate-
ment increased operating expenditures.
TOTAL WATER FUND TRANSFERS: $ 79,101
342
J
I
f�
Administration and Billing
The decision to request the cc u is to
resolve the requested Class "C" stream
classification caused an overrun in our
outside services expenditure account.
TOTAL SEWER FUND TRANSFER:
December 13, 1977
$174,355 $181,803 $ 7,448
$ 7,448
Councilwoman Gray made a motion, seconded by Councilman Wilkinson
to adopt the resolution. Yeas: Councilmembers Bloom, Bowling,
Grav, Russell, St. Croix, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
RESOLUTION 77-73
OF THE COUNCIL OF THE CITY OF FORT COLLINS
TRANSFERRING FUNDS BETWEEN APPROPRIATIONS
WHEREAS, the Director of Finance has recommended the transfer of
funds between appropriations pursuant to Section 15, Article V of the
City Charter as follows:
General Fund Transfers
Transfer from the following accounts:
Municipal Court
$ 2,466
Personnel
10,020
Purchasing
5,675
Building Repair and Maintenance
22,048
Employee Health and Safety
3,314
Community Projects and Open Space
2,875
Planning
5,826
Police
22,502
Fire
10,088
Recreation
8,618
Outdoor Pool
8,421
Indoor Pool
15,625
Youth Center
4,301
Parks
11,671
Forestry
10,189
Contingency
16,300
City Clerk
5,410
165 349
343
December 13, 1977
Transfer to the following accounts:
City Council $ 5,784
Finance 14,117
Insurance and Retirement 53,306
Engineering Services Administration 7,440
Building Inspection 6,386
Streets 18,030
Parks and Recreation Administration 1,284
Library 8,927
Cultural Affairs 36,528
City Attorney 1,808
Grandview Cemetery 6,979
Transfers 2,500
City Manager 2,260
$165,349
Water Fund
Transfer from the following accounts:
Purification and Treatment $ 32,850
Transmission and Distribution 46,251
$ 79.101
Transfer to the following accounts:
Source of Supply $ 32,850
Administration and Billing 46,251
$ 79,101
Sewer Fund
Transfer from the following account:
Sewage Treatment $ 7.448
Transfer to the following account:
Administration and Billing $ 7,448
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the transfers set forth above are approved and the Director
of Finance is authorized to make such transfers.
B 344
December 13, 1977
r
1
Passed and adopted atan adjourned meeting of the City Council held
on December 13, 19,1.
ATTEST:
City Clerk
Ordinance Adopted as an Emergency Ordinance
Appropriating Funds for Expenditure During 1977
Following is the City Manager's memorandum on this item:
Ordinance No.141, 1977, appropriates $18,110 in Anti -Recession Fiscal Assistanoe
funds to the General Fund for the purpose of offsetting the additional cost
of Building Inspection personnel during 1977.
According to the Anti -Recession Fiscal Assistance program regulations, the
$18,110 should be appropriated in accordance with local laws which govern
the expenditures of our wan funds. Anti -Recession Funds must be used only to
maintain basic services which have been customarily provided by each recipient,
State or unit of local government. In general, salaries and wages, enployee
benefits, materials, supplies, equipment, and other items necessary for the
maintenance of a basic service are eligible for funding under Anti -Recession
law..
During Fiscal 1977, the City added additional Plans Examiners and Building
Inspection personnel to the Building Inspection Division. The cost of these
personnel is eligible for Anti -Recession funding.
This is an emergency ordinance. ordinarily, the ordinance would have been
brought before Council on December 6. This would have allowed the normal ten-
day period for advertising the hearing and second reading of the ordinance.
Hooever, in view of Council's schedule, and the need to adjourn the December 6th
meeting to December 13th, the hearing and first reading of this ordinance must
take place today. In order for this transaction to be effective in 1977, the
hearing and second reading should occur on Decenber 20th. These actions pre-
clude the ten-day notice recuirenent, thus the necessity for consideration as
an emergency ordinance. Passage as an emergency ordinance will require five
affixmative Council votes.
345
December 13, 1977
Councilman Wilkinson made a motion, seconded by Councilman
Bowling to adopt on first reading Ordinance No. 141, 1977.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
ORDINANCE NO. 141 , 1977
BEING AN ORDINANCE APPROPRIATING FUNDS
FOR EXPENDITURE DURING 1977
WHEREAS, the City of Fort Collins was eligible for and
received anti -recession funds from the federal government
which amounted to a total of $18,110.00 received in 1977;
and
WHEREAS, in anticipation of the receipt of such funds,
the City Council authorized the City Administration to
employ additional personnel in the Building Inspection
Division in order to be able to better meet the workload of
that division; and
WHEREAS, the funds so received have not yet been appro-
priated for expenditure in 1977; and
WHEREAS, Section 15 of Article V of the Charter of the
City of Fort Collins permits the Council to authorize expend-
iture of revenue received by the City for particular purposes,
although such revenues were not anticipated in the budget.
NOW,'THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF FORT COLLINS:
Section 1. That there is hereby appropriated for
expenditure in 1977 in the General Fund the sum of $18,110.00,
which amount was received from the federal government under
its anti -recession fiscal assistance program.
Section 2. The amount appropriated in Section 1 above
shall be expended as salaries for personnel in the Building
Inspection Division.
Section 3. It is necessary and desirable that the
appropriation made herein be completed during calendar year
1977 and the City Council will not hold a meeting during
1977 at which this ordinance can be considered on second
reading. Therefore, the City Council hereby determines that
an emergency exists requiring the immediate passage of this
ordinance, and this ordinance is therefore enacted pursuant
to Section 6 of Article II of the Charter of the City of
Fort Collins as an emergency ordinance and shall be effective
upon its passage.
346
December. 13,.1977
G
the
and
(the
for
Introduced, considered favorably
City Council, finally passed as an
ordered published this 13th day of
date to which the regular meeting
December 6, 1977, was adjo--A)
ATTEST:
Ci y Clerk
by 7- members of
emergency ordinance,
December, A.D. 1977
of the City Council
Ordinance Adopted on First and Final Reading
Appropriating Funds in the Revenue Sharing
Account to the Golf Course Account and From
the Golf Account for Expenditure in 1977
Following is the City Manager's memorandum on this item:
Ordinance No.142, 1977, appropriates $33,857 to the Golf Fund and appropriates
$20,000 in the Revenue Sharing Fiord to the Golf Fund.
r1he appropriations for the Golf Fund in 1977 were $316,394. the attached 1977
budget analysis projects total expenditures in the Golf Fund of $350,251 or
$33,857 in excess of appropriations. The analysis also shows that there will
be $37,627 imre resources available than anticipated. The additional resources
are the result of a Revenue Sharing transfer in the amount of $20,000 for the
sprinkler system at City Park Nine and a $40,143 adjustment in the repaynent
schedule to the Water Fund for the Collindale Golf Course.
the additional expenditures in the City Park Nine Capital Account are the result
of paying for the construction of the sprinkler system in 1977 rather than in
1976 as explained in the attached memo of December 21, 1976. The additional
expenditures in the Collindale Capital Account are the result of paying for
expenditures on the renovation work on the maintenance building in 1977 rather
than in 1976 as anticipated.
Andy Anderson, 1421 Skyline Drive, spoke in opposition to the use
of revenue sharing funds for "pet projects."
Councilwoman Gray made a motion, seconded by Councilman Bowling
to adopt Ordinance No. 142, 1977 on first and final reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
30
December 13; 1977
_q
ORDINANCE NO. 142, 1977
BEING AN ORDINANCE APPROPRIATING FUNDS
IN THE REVENUE SHARING ACCOUNT OF THE TRUST
FUND TO THE GOLF COURSE ACCOUNT OF THE
ENTERPRISE FUND AND APPROPRIATING FUNDS FROM
THE GOLF COURSE ACCOUNT OF THE ENTERPRISE
FUND FOR EXPENDITURE IN 1977
WHEREAS, appropriated funds are available in the Revenue
Sharing Account of the Trust Fund which the City desires to
transfer for expenditure on City golf courses in order to
meet expenses in excess of the original appropriation for
golf course purposes; and
WHEREAS, resources in the Golf Course Account of the
Enterprise Fund for 1977 are greater than originally budgeted
because of a refund of overpayments on indebtedness relating
to the golf courses; and
WHEREAS, expenditures on the golf courses of the City
for 1977 will exceed the amount originally budgeted and
appropriated for such purposes and it is therefore necessary
to expend additional amounts to meet such expenditures.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF FORT COLLINS:
Section 1. There is hereby appropriated from the
Revenue Sharing Account of the Trust Fund to the Golf Course
Account of the Enterprise Fund the sum of $20,000.00.
Section 2. There is hereby appropriated for expenditure
in 1977 from the Golf Course Account of the Enterprise Fund
the additional amount of $33,857.00 for golf course purposes.
Section 3. It is necessary and desirable that the
appropriation made herein be completed during calendar year
1977 and the City Council will not hold a meeting during
1977 at which this ordinance can be considered on second
reading. Therefore, the City Council hereby determines that
an emergency exists requiring the immediate passage of this
ordinance, and this ordinance is therefore enacted pursuant
to Section 6 of Article II of the Charter of the City of
Fort Collins as an amergency ordinance and shall be effective
upon its passage.
348
December 13, 1977
r
Introduced, considered favorably
the City Council, finally passed as a
and ordered published this 13th day o
(the date to which the regular meeti-n
for December 6, 1977, was adjourned).
ATTEST:
.by �_ members of
n emergency ordinance,
f December, A.D. 1977
g of the City Council
Ordinance Adopted on First Reading
Repealing Section 42-4 of the Code of the
City of Fort Collins Relating to a Cemetery Fund
This ordinance would repeal a portion of the City Code which
provides for a Cemetery Fund. This is necessary because the
Fund is no longer needed and has not in fact been maintained.
Councilman Suinn made a motion, seconded by Councilman Wilkinson
to adopt Ordinance No. 143, 1977 on first reading. Yeas:
Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn
and Wilkinson. Nays: None.
THE MOTION CARRIED
Resolution Adopted Closing Out Accounts in
Special Assessment Funds and Transferring Remaining
Funds to the Surplus and Deficiency Fund
Following is the City Manager's memorandum on this item:
Article V, Section 20.6 of the Charter of the City of Fbrt Collins -provides.
that when outstanding securities of special improvement districts have been
paid, surplus funds remaining shall be transferred to the Surplus and Defi-
ciency Fund, and deficiencies shall be paid out of the Surplus and Deficiency
Rind.
349
December 13, 1977
r,
11
A
All outstanding securities for the following improvement districts have been
paid:
September 30, 1977
Name of Improvement District Fund Balance
Street Improvement District No. 59
$ 7,638.68
Street Improvement District No. 60
6,377.12
Street Improvement District No. 62
3,710.51
Water Improwsrent District No. 6
1,096,80
Storm Sewer District No. 14
11,632.00
Street Light Improvement District No. 4
4,819.94
Sidewalk Improvement District No. 3
2,635.14
Sidewalk Improvement District No. 4
(4,748.78)
The above districts need Council action to be closed to Surplus and Deficiency
Fund before December 31, 1977.
Councilman Bowling made a motion, seconded by Councilman Wilkinson
to adopt the resolution. Yeas: Councilmembers Bloom, Bowling,
Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
RESOLUTION 77-74
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DIRECTING THE DIRECTOR OF FINANCE TO
CLOSE OUT CERTAIN ACCOUNTS IN THE SPECIAL
ASSESSMENT FUND AND TRANSFER THE BALANCE
THEREIN TO THE SURPLUS AND DEFICIENCY ACCOUNT
OF THE SPECIAL ASSESSMENT FUND
WHEREAS, heretofore accounts in the Special Assessment
Fund were created for the following improvement districts,
to -wit: Consolidated Street Improvement District No. 59,
Street Improvement District No. 60, Consolidated Street
Improvement District No. 62, Water Main Improvement District
No. 6, Consolidated Storm Sewer District No. 14, Street
Lighting Improvement District No. 4, Consolidated Sidewalk
Improvement District No. 3 and Sidewalk improvement District
No. 4; and
WHEREAS, all outstanding bonds issued by the City in
connection with the improvement districts listed above have
been paid and retired; and
350
December.13, 1977
F
I
WHEREAS, balances remain in the accounts for the special
improvement districts listed above as follows:
Name of Improvement District
Consolidated Street Improve-
ment District No. 59
Street Improvement District
No. 60
Consolidated Street Improvement
District No. 62
Water Main Improvement District
No. 6
Consolidated Storm Sewer
District No. 14
Street Lighting Improvement
District No. 4
Consolidated Sidewalk Improve-
ment District No. 3
Sidewalk Improvement District
No. 4
9/30/77 Account Balance
$7,638.68
6,377.12
3,710.51
1,096.80
11,632.00
4,819.94
2,635.14
(4,748.78)
and
WHEREAS, Section 20.6(b) of Article 5 of the Charter of
the City of Fort Collins provides that when outstanding
securities for special improvement districts have been fully
paid, any balance on hand to the credit of the district is
to be transferred to the Surplus and Deficiency Account.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF FORT COLLINS:
Section 1. The Director of Finance is hereby authorized
and directed to close the accounts for the special improve-
ment districts listed above and to transfer all balances on
hand in said accounts to the Surplus and Deficiency Account
of the Special Assessment Fund and to pay any deficiency in
any account from the Surplus and Deficiency Account of the
Special Assessment Fund.
351
December. 13,. 1977
r
I
Section 2. Any amounts received on account of any of
such districts in the future shall be paid into the Surplus
and Deficiency Account of the Special Assessment Fund.
Passed and adopted at an adjourned meeting of the City
Council held this 13th day of December, A.D. 1977.
ATTEST:
Ci y Clerk
Resolution Tabled to December 20, 1977
Approving a Revised Pay Plan for the City
This Resolution formally adopts the 1978 Pay Plan which reflects
a 6.5% cost -of -living increase, new clerical classifications and
recommended range adjustments.
City Manager Arnold requested this item be tabled for technical
revisions.
Councilman Wilkinson made a motion, seconded by Councilman Suinn
to table this item to the December 20, 1977 regular meeting.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Ordinance Adopted on First Reading
Establishing the Salary for City Attorney
This ordinance establishes the 1978 Salary for the City Attorney.
Councilman Wilkinson made a motion, seconded by Councilman
St. Croix to adopt Ordinance No. 144, 1977 on first reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
352
December 13, 1977
Ordinance Adopted on First Reading
Establishing the Salary for the Municipal Judge
This ordinance establishes the 1978 salary for the Municipal
Judge.
Councilwoman Gray made a motion, seconded by Councilman
St. Croix to adopt Ordinance No. 145, 1977 on first reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Sole Source Purchase of Walker
Replacement Parts Awarded
Following is the City Manager's memorandum and recommendation
on this item:
This item concerns a request for sole source purchase in the amount of $51,406.10
for replacement parts for the secondary clarifier at Wastewater Treatment Plant
No. 2.
Apparently, because the parts are designed specifically for Walker Process
Equipment, other outlets have difficulty in obtaining them from the original
manufacturer. Additionally, because they are replacement parts for an existing
piece of equipment, it is advisable that the parrs be from the sane company as
the original equipment.
Recoemiendation: The Administration recommends that Council approve the sole
source purchase of Walker Rplaoement Parts.
Councilman Wilkinson made a motion, seconded by Councilwoman Gray
to adopt the recommendation of the administration. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
THE MOTION CARRIED
n
353
December 13, 1977
Bids for Street Improvement District No. 72 Awarded
Following is the City Manager's memorandum and recommendation
on this item:
On December 1, 1977, the State Highway Department received bids for construc-
tion of Lemay Avenue frm Drake Road to Boltz Drive,, and Drake Road fran.IaTlay
Avenue to Stover Street. This project is known as Street Improvement District
No. 72, and is part of our Urban Systems Program. Of the five bids received
for the work, Flatiron Paving Company of Greeley was the low bidder at $283,948.90.
Our budgeted estimate for this work is $343,808.28.
%bather permitting, paving work on the project will oormence in late March or
early April.
Pecoimendation: The Administration reconTends that Council award the contract
for construction of Urban Systems Project M5000 (1) and Street Inprovanent Dis-
trict No. 72 to Flatiron Paving Company at a cost of $283,948.90.
Mayor Bloom excused himself from consideration of this item.
Councilman Bowling made a motion, seconded by Councilman St. Croix
to adopt the recommendation of the administration. Yeas: Council -
members Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson.
Nays: None. (Mayor Bloom out of the room.)
THE MOTION CARRIED
Report on Lighting Pine, Walnut and Linden Streets
Adopted
Following is the memorandum from the Director of Engineering
Services on this item:
As requested at the Novenber 22nd City Council meeting, Engineering Services
and the Police Department reviewed the placement of street lights on Pine,
Linden, Walnut and Chestnut Streets to determine if the lighting level in
this area is sufficient for vehicle and pedestrian safety. After an inspec-
tion of the area by representatives of both departments, it was determined
that the street lighting is adequate for traffic safety but inadequate for
the amount of pedestrian activity during evening hours, from the standpoint
of police surveillance and crime prevention.
354
December 13, 1977
The attached map indicates where the existing street lights are placed and
where additional street lights could be added to i.nprove the level of lighting.
The Police Department would like to upgrade the lamp fixtures presently in
use in this area based on surveillance and crime prevention. The cost of
upgrading the present light fixtures and installing additional lights would
depend upon the type of lights that would be installed. One possibility is
to install the 50' 1000-watt metal halide lights that are being used in the
downtown area. This would involve the installation of the metal halide lights
on Pine, one block of Walnut, and one block of Linden. .The remaining lights
would be upgraded to 250-watt high pressure sodium utilizing the existing
30' poles. The Police Department would still request that 6 additional 250-
watt H.P.S. lights be installed in various alleys. The cost of this alterna-
tive is as follows:
13 metal halide lamps @ $1800 per lamp $23,400
22 H.P.S. lamps @ $175 per larrp 3,850
6 new H.P.S. lamps @ $1,000 per larrp 6,000
Total Cost $33,250
Pnother possibility would be to upgrade all the present light fixtures to high
pressure sodium lamps and install nine additional H.P.S. lamps. The cost of
this alternative would be:
30 H.P.S. lamps @ $175 $ 5,250
9 new H.P.S. lamps @ $1,000 9,000
Total Cost $14,250
Based upon an acceptable level of lighting for pedestrian safety and the cost
of regrading the lighting, Engineerinq Services and the Police Department would
recommend that the second alternative be implemented as soon as possible.
The cost associated with this recommendation ($14,250) could be funded with
part of the $58,000 in contingency for the General Inproverrent District -
Downtown Pro3ect, which includes the property owners in the Pine, Linden,
and Walnut area. If O:Yuncil should decide that we proceed as recommended,
we would review this proposal with the Downtown Implementation Task Force
before we would implement the street lighting improvements.
The annual increase in energy costs associated with the street lighting
improvements in this area is approximately $1,115.
355
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L �JJJ ® PROPOSED LITE
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December. 13,. 1977
Councilmembers requested the administration investigate the
installation of a more decorative fixture initially rather
than having to make a replacement at a later date.
Councilman Russell made a motion, seconded by Councilman Bowling
that Council accept the recommendation of the estimated $14,250
cost and accept the map of light location. Yeas: Councilmembers
Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson.
Nays: None.
THE MOTION CARRIED
Acquisition of Alta Vista Mini -Park Site Approved
It is being recommended that Council authorize the purchase of
one -quarter of an acre of land owned by Mr. Ed Anderson for
purpose of a mini -park site in the Alta Vista area at a price
of $1,000. The Colorado State Division of Parks and Outdoor
Recreation will provide $500 in matching funds for the purchase.
Councilman Wilkinson made a motion, seconded by Councilman Suinn
that Council acquire the mini -park site and authorize the admini-
stration to complete and close the purchase. Yeas: Council -
members Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson.
Nays: Councilman Bloom.
FTHE MOTION CARRIED
Golf Professional Contracts Approved
Following.is the City Manager's memorandum and recommendation
on this item:
Our contracts with Tom Peck and Bill Metier expired on December 7, 1977. We
would like approval for an additional one-year contract (with an option to
renew for one year) for each professional. The major components of each
contract are summarized below:
1. City Park Nine Golf Course
Concessionaire: Thomas M. Peck, Golf Professional
Contract Period: Calendar Year 1978
Contract Provisions: Salary of $500 per month.
357
December. 13,. 1977
Operation of golf snack bar, 'driving range and golf lessons -
all profits and fees gained are retained by Pro. The Pro
receives 75C for each senior citizen cart rental and $1.00
for all other cost rentals, with the remainder of cart rentals
property of the City. The Pro pays the City $50 per month
utilities and rent of concession area. r1he Pro pays the City
78 of his gross receipts from the sale of 3.2 beer on the
premises.
2. Collindale Golf Course
Concessionaire: Bill Metier Company
Contract Period: Calendar Year 1978
Contract Provisions: Salary of $525 per month.
Operation of golf shop, driving range and golf lessons - all
profits and fees gained are retained by Pro. Same arrangement
on cart rentals as noted above. Pro pays the City $100 per
month for utilities and rent of concession area.
The major change from the 1977 Contract is the ane-year renewal option.
The Golf Board has approved the proposed contracts.
Recommendation: The Administration reconrends approval of a one-year contract
with an option to renew for one year) to Thomas M. Peck and William Metier
It for professional services at City Park Nine and Collindale Golf Courses.
Councilman Bowling made a motion, seconded by Councilman Wilkinson
to adopt the recommendation of the administration. Yeas: Council -
members Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson.
Nays: Councilman Russell.
THE MOTION CARRIED
Other Business
Councilman Suinn introduced guests in the audience; his wife
Grace and his mother from Hawaii.
Report from the City Manager
a. City Manager Arnold reported to the Council that the Cultural
Resources Board would like Council direction regarding the criteria
for naming_ facilities; room, buildings, etc. Specifically, they
recommend that the Board draft a "naming policy" which would be
adopted by the Board and approved by the Council.
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December 13,. 1977
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Council reactions were varied on.this item, but the informal
consensus was to request the Board draft a policy and report
back to the Council, preferably at a work session.
b. Awarding of the bids on the Downtown Restroom will be
presented after the break.
C. City Manager Arnold also requested a report on the
Mechanical Code relating to ladders. The entire Code will be
on the agenda in January and revisions would be considered
at that time.
d. Councilman Suinn requested a report on sign code compliance.
Director of Engineering Services Roy A. Bingman stated he would
put together a report for the next work session. City Attorney
March reported briefly on a suit relating to sign code enforce-
ment which is scheduled for trial setting next week.
e. Mayor Bloom expressed his appreciation to City Employees
who had participated in the paving of the downtown area last
Sunday.
Report from City Council on Committees
a. Councilman Wilkinson reported on an energy conservation
program presented at the National League of Cities Conference
held in California.
It b. Councilman Suinn reported on the previous 1041 Committee
meeting. Mayor Bloom will report on the last 1041 meeting.
C. Mayor Bloom reported on the 1041 meeting held the week of
December 5, at which time a number of items had been considered
with a tabling of some for the purpose of obtaining additional
information.
d. Councilman Russell stated he had not attended the last
Platte River Power Authority meeting. The next meeting will be
held on December 22, 1977.
e. Councilwoman Gray reported there will be a Colorado Municipal
League Legislative Policy Committee meeting on December 15, 1977
in Denver.
f. Councilman Bowling reported the COG will meet December 16, 1977
to interview three candidates for the position of COG Director.
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December 13, 1977
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Adjournment
Mayor Bloom declared the meeting adjourned until 7:15 p.m.
Bid for Downtown Restrooms
Awarded
City Manager Arnold stated bids were opened this morning
(December 13, 1977); only one bid had been received from
Bargelt & Company for $26,384 which exceeds the $20,000
estimate. The Administration would like to add decorative
blocks within the EDA grant; the City Manager, therefore,
recommended the contract conditioned upon the contractor
providing a minority sub -contract.
Downtown Project Director Ferluga presented the design for
the restrooms.
Councilman Wilkinson made a motion, seconded by Councilwoman
Gray to award the bid to Bargelt & Company subject to them
securing a minority sub -contractor. Yeas: Councilmembers
Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson.
Nays: None.
THE MOTION CARRIED
Citizen Participation
a. Police Presentation to Jim Kepler and Dennis Sinnett for
Retired Reserve Officers. Police Chief Smith reported that
Lt. Sinnett served from January, 1970.to October, 1977 and
Mr. Kepler from 1968 to 1976. Mayor Bloom then presented
plaques of appreciation to these two individuals.
b. Mr. Steven Ownbey, President of Rocky Mountain Youth Inc.
and his attorney Mr. Charles Flett requested the City Council
consider making changes in the Green River Ordinance. Council
took no action on this request but Mayor Bloom recommended
that the proponents for this change arrange a meeting with
the City Attorney and the City staff and that a study be made
of their concerns and report back at a work session.
Interim Policy Agreement for the 1041
Urban Service Area Designation Program Adopted
Following is the memorandum from the Director of Planning on
this item:
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December. 13, 1977
"On November 29, 1977, the Fort Collins City Council and the
Board of Larimer County Commissioners each adopted an interim
policy statement based upon a policy recommendation from the
Steering Committee. In order to assure that City and County
revisions to the draft result in identical policy adoptions
for the jurisdictions involved, the Steering Committee, at its
December 1, 1977, meeting, approved an interim policy which
is worded as follows:
For an interim period effective immediately and until
July 1, 1978, it shall be a policy that 1) annexations,
subdivisions, rezoning, planned unit development master
plans, exemptions from subdivision regulations, special
exceptions from the zoning regulations, special reviews,
extensions, meaning water distribution lines and sanitary
sewer receptor and collector lines can only be approved
within one mile outside the Fort Collins City limits and
one-half mile inside the Fort Collins city limits, after
the Steering Committee has the opportunity to review and
make recommendations concerning the particular proposal
or petition in question relative to its impact on the
potential results of the Urban Service Area Designation
Program. Each jurisdictional entity agrees to submit such
proposals and petitions within such areas to the Steering
Committee for its review prior to official action.
To assure that this interim policy is operational immediately,
the Steering Committee also approved the following administrative
procedures and review criteria:
Administrative Procedures
1. The Steering Committee shall review all such proposals and
petitions prior to the regular review procedures in the City
and County. The scope of Steering Committee review shall be
a. to give initial comments on items at the conceptual stage,
prior to their being in completed form for submission to
the City, County, or utility districts;
b. to give advance comments on items which have been submitted
for City and County review prior to consideration by the
City and County or utility districts;
C. to provide comments on items only with respect to the
potential results of the Program and according to predeter-
mined review criteria.
2. The City, County and utility districts will individually
provide adequate information to their respective public
regarding this interim policy and the resulting requirement
of Steering Committee review.
3. Recommendations from the Steering Committee will accompany
items through additional levels of review by the City,
County and utility districts.
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December 13,. 1977
4. The Steering Committee will receive a report on the official
action taken on all items for which it has provided comment.
Review Criteria
One Mile Outside City Limits
The Steering Committee's concern should not be the merits of a
particular proposal nor its consistency with adopted ordinances.
Rather, the Committee's focus is on the relationship between the
proposal and the need to preserve options for the purpose of
designating and implementing an urban service area. This
necessarily involves considering a reasonable range of possibili-
ties for a service area, rather than evaluating a proposal
according to a pre -judgement on what the service area should
or will likely be. In this regard, the Steering Committee is
subscribing to the following, review criteria:
1. Subdivision, P.U.D.'s, Exemptions, and Rezonings
a. Is the proposal in areas which the district or
City can presently or should logically serve?
b. Is proposal in an area where the City or County
has not yet approved a land use plan or policies?
C. Is the proposal such that it would influence the
development pattern of surrounding land?
d. Is the proposal such that it is in conflict with
existing City, County or district policies or plans?
2. Annexations by the City
a. availability of water and sanitary sewer service,
b. adequacy of City services and facilities,
C. likelihood and desirability of future urbanization,
d. possible advantages of district service,
e. effects of undeveloped City properties,
f, resulting development pressures in the County.
3. Annexations by Utility Districts
a. Location of annexation with respect to desirable
pattern of urbanization,
b. proximity of City utilities,
C. contiguity with existing district territory.
One -Half Mile Inside City Limits
Unlike the one -mile outside City limits, the area one-half mile
inside the City is presumed to be appropriate for urban -type
development. The City, unlike the County, is a multi -service
jurisdiction which has been organized for the purpose of accom-
modating urbanization. Nonetheless, the impact of City decisions
upon unincorporated County areas and the utility districts can
be significant. Interim policy review criteria for areas within
the City are appropriately as follows:
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December 13, 1977
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1. Potential effects on additional urbanization in the County;
2. comparative efficiencies of district utility service;
3. possible impacts on County street system.
Exceptions to Interim Policy
It would certainly seem unfair, if not possibly illegal, for the
interim policy to result in the imposition of additional govern-
mental review procedures for items that have already received
preliminary or master plan approval by either the City, County
or districts. Therefore, the interim policy will not apply to
development of areas with approved preliminary or master plans
nor to major utility extensions already approved by district
boards or City. The City, County and utilities districts should
submit a list to the Steering Committee of their respective
exceptions to this interim policy."
Councilman Bowling made a motion, seconded by Councilman St. Croix
to adopt the final revised interim policy for the '1041' Urban
Service Area Designation. Yeas: Councilmembers Bloom, Bowling,
Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
Ordinance Adopted on First Reading, Vacating a Portion of
an Easement in the Silverwood Village. First Filing
This is an ordinance to vacate a portion of an easement on 15
residential lots located immediately west of Lake Sherwood.
Vacation of nine of the 15-foot easement is recommended.
Councilman Wilkinson made a motion, seconded by Councilman Russell
to adopt Ordinance No. 146, 1977 on first reading. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and
Wilkinson. Nays: None.
THE MOTION CARRIED
Kelger Park Subdivision, Final Plat Approved
Following is the City Manager's memorandum and recommendation
on this item:
"This is a proposal for seven multiple family lots on 1.5 acres
zoned R-M, located off Laporte Avenue west of North Shields Street.
363
December. 13,. 1977
The preliminary plat was approved by Council on November 15,
1977. It was understood that approval of the final plat would
be conditional upon the vacation 'of the access easements bordering
three sides of the property.
These easement vacations are considered under agenda item no. 28.
Recommendation: The Administration recommends approval subject
to vacation oaccess easements bordering, the project on three
sides."
Petitioner Kelsey Smith spoke to the protective covenants which
have been prepared and presented to the adjacent property owners:
Mr. Brian Blaklee, 120 North Pearl, spoke on behalf of the
adjacent property owners and specifically their concern regarding
alley access.
Councilman Bowling made a motion, seconded by Councilman Wilkinson
to adopt the recommendation of the administration. Yeas:
Councilmembers Bloom, Bowling, Russell, St. Croix and Wilkinson.
Nays: Councilmembers Gray and Suinn.
THE MOTION CARRIED
Ordinance Adopted as Amended on First Reading Vacating
Alleys A, B, and C in Grandview Addition to the City
of Fort Collins and Those Alleys East of Pearl Street
. in the Hensel Subdivision
This ordinance provides for the vacation of access easements
bordering three sides of the property within Kelger Park Subdivision.
City Attorney March recommended the ordinance be amended to provide
for utilities already in place.
Councilman Suinn made a motion seconded by Councilman Wilkinson
to amend Ordinance No. 147, 1977 by adding after the word
"abolished" the following words: "reserving,. however,' to the
City of Fort Collins an easement for all utility lines now in
place in such vacated alleys including the right to service,
remove, replace, repair and reconstruct such utility lines and
right of access thereto."
Councilman Wilkinson made a motion, seconded by Councilman Suinn
to adopt Ordinance No. 147, 1977 as amended on first reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,
Suinn and Wilkinson. Nays: None.
THE MOTION CARRIED
6
OUM
December. 13,. 1977
South Shields P.U.D., Final Plat and Plans Approved
Following is the City Manager's memorandum and recommendation
on this item:
"This proposal for a Kentucky Fried Chicken restaurant was
tabled at the November 29, 1977, Council meeting pending a
report on two items:
1. the possibility of obtaining access for the project
to Elizabeth Street, and
2. preparation of a staff report on the traffic situation
in the project area.
Access to Elizabeth Street - possible egress exists from the
project through the Campus West Parking Lot or the St. Paul's
Episcopal Church. Neither of property owners are interested
in negotiating an agreement for this access right.
Traffic Situation in Pro 'ect Area - the City Traffic Engineer
as con ucte a review o t e traffic patterns and volumes on
South Shields and on West Elizabeth Street. Because of the
numerous curb cuts on Elizabeth Street, its constant flow of
vehicular and bicycle traffic, he recommends that the KFC-PUD
take its access and egress off Shields Street with the egress
being a mandatory right turn.
Recommendation: The Administration recommends approval of the
final plat with the following provisions:
1.. that the entrance driveway be lengthened from 20 to
40 feet,
2. that the office building floor space be reduced by
240 feet, and
3. that egress from the project be limited to a right
turn only."
Councilman Bowling made a motion, seconded by Councilman Wilkinson
to adopt the recommendation of the Administration. Yeas:
Councilmembers Bloom, Bowling, Russell and Wilkinson. Nays:
Councilmembers Gray, St. Croix and Suinn.
THE MOTION CARRIED
Replat of Landings P.U.D., First Filing, Preliminary Plan
This is a proposal to replat five single-family lots in Landings,
First Filing, to allow for 20 townhouse units. The main issues
involve project density and access to the bank of Warren Lake.
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December. 13, 1977
Approval is recommended subject to some technical revisions.
Mayor Bloom excused himself from consideration on this item
due to a potential conflict of interest.
City Manager Arnold spoke to the access to the lake question
and stated he did not feel this involves the City, but rather the
developer and the Warren Lake Company.
Councilmembers requested that the staff review subsequent
developments to assure there is sufficient public access to
lakes or other possible recreational areas.
Councilman Wilkinson made a motion, seconded by Councilman Russell
to approve the Landings P.U.D., First Filing, Preliminary Plan.
Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn
and Wilkinson. Nays: None. (Mayor Bloom out of the room.)
THE MOTION CARRIED
1407 South College P.U.D. Preliminary/Final Approved
This is a request for a business development on .19 acres zoned
B-P, located on South College, south of West Pitkin. It is
proposed that the existing single-family structure be used for
professional offices. The major issues are the compatibility
with nearby uses, and traffic interruptions along College.
The Planning staff presented studies of the area and reported
on the Zoning Board of Appeals action which granted a variance
to the two acre P.U.D. requirement provided that the property
comply with the Policy Guidelines for the 1400 Block of South
College Avenue. The policy statement provides as follows:
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December. 13,.1977
Proposed Policv Guidelines
Close city and private cooperation is. necessary in order for this area to
develop in a manner which is mindful of the rights of all its property owners
and attentive to the public interest. .The transition from residential uses in
single family houses to commercial uses is underway. The existing B-P, Planned
Business District, is the appropriate zone in that it assures city site and
landscape plan review and the opportunity for public input. However, it will
'be necessary to vary the two acre requirement' of this zone in certain cases and -
with certain conditions in order to implement a general policy for this area.
Character of Development
While it is impractical to expect a continuation of residential uses on
this block, attention should be given to the preservation of its structurally
sound, architecturally significant older houses. In general the four houses
south of lot 1417 are of a•Iower quality than lot 1417 and the houses north of
it and, therefore, more conducive to removal and accommodating new commercial
development. Three other factors contribute to the potential for new construc-
tion on the area north of lot 1417: 1)1ots 141.9 thru 1435 are presently under
the same ownership; 2) this is a corner location; and 3) approximately one acre
of land. contiguous to the west of these logs is presently available for sale and
development, thereby together comprising approximately two acres and developable
as a P.U.D.
The area including lot 141.7 and north of it generally consists of houses
which should be preserved, provided that appropriate commercial uses can be
located within them. The suitability of such uses should be a function of
vehicular traffic generation to a large degree and of the compatibility between
various uses to a lesser degree. Commercialuses on these six lots should he
limited to non -retail and only low trip generating uses not to exceed twenty
(20) daily trips including those of employees.
Curbcuts on S. College Avenue
In order to avoid serious inLerruptions to the flow of traffic on S.
College Avenue, ingress and egress movements should occur on Curbcuts that are
strategically located and limited in number. The incidence of curbcuts d^pends
largely on such market forces as the timing of new development and redevelopment
and the willingness of property owners to coordinate their planning through the
:recognition.of mutual ends. 'To the extent possible the city4should limit'And locate curbcuts &on .this block as follows:
q
Maintain curbcut -to lot 1413 which is .an approved one _lot � P 11 .
-Encourage sharing -of this -curbcut with lot. 1411?either.thiough z. d4 =3
:revision .to :the P.U.D. -or a cross easement, agreement. .,,jf,,.a.,revised f,
P:U.D.; then rather ,benefits such as shared. -parking areaavailablei-
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December 13, 1977
;Shared curbcut for lots"1415 and 1417-located at the+south--end ofJot`.�
1417,:accomplished either through.P.U.D. or a cross easement agreement.';'
?„ 5
- One curbcut for lots 1419 [hru corner lot 1439, located at the north"' ?6
end of lot 1419 and connected with lot 1417 curbcut.
S. College Avenue - Prospect Street Intersection
In -order to accommodate the additional congestion at this intersection
resulting in part from the addition of commercial activities on the subject_
block, at least the northwest corner should be widened to facilitate turning �a
movements. This could be a city requirement at the time of P.U.D. review.
The alley
Unless widened and improved, the alley can not accommodate two way traffic.'_;,
The cost of improving the alley as a dedicated street is prohibitive due to �_•
the obstruction of utility poles and existing buildings.' Presently the alley .T
serves minimally to provide access to several of the lots. The importance of
a second point of ingress and egress will increase with additional commercial
uses on this block. The city's official policy concerning the improvement of
Mason Street does not call for Mason Street to be improved in this vicinity.
Many of the property.owners have complained that the alley presently functions
more as an intrusive "dragstrip" than as a benefit. Nonetheless; once additional
commercial development occurs, the alley has the potential to serve as an impor-
tant roadway, in that it will 1) help alleviate additional traffic on S. College
Avenue, 2) help reduce the number of turning movements off of and onto S.
College Avenue, and 3) serve to interconnect the commercial uses in the subject
area.
One method of improving the alley would be reroute it along the north
property line of "C" (see attached map) and north to Lake Street along the
west property line of "A". This would involve closing the existing alley from
"B" north to Lake Street. Such an improvement would be best accomplished at
the time of P.U.D. consideration for A, B, and C.
According to the City Traffic Engineer the alley should be maintained and
not -interrupted. Digress and egress turning movements from and onto Prospect
Street are difficult because of the configuration of cunccuts for Fox Shopping
Center across the street. The City Administration shnuld meet with the owners
of the Shopping Center to discuss ways of consolidating these curbcuts and
therefore, providing opportunity for greater utilization of the alley.
Planning Director Les Kaplan spoke to the following staff
recommendation:
Staff Recommendation: Conditional Approval
The staff recommends that the final plan for the 1407 S. College
P.U.D. be approved subject to several minor technical revisions
and also to a more specific definition of the permitted
"professional" uses. The City zoning ordinance defines a
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December 13, 1977
"professional office" as follows:
"PROFESSIONAL OFFICE -- An office for professionals
such as physicians, dentists, lawyers, architects,
engineers, artists, musicians, designers, teachers,
accountants, and others who through training are
qualified to perform services of a professional nature
and where no storage or sale of merchandise exists."
(Sec. 118-11)
In the opinion of both the staff and the neighboring property
owners, this definition is too broad to assure compatibility with
nearby uses and to further discourage increased traffic
interruptions along, College Avenue. The staff recommends that
the City Council consider the recommendation of the neighboring
property owners with respect to deciding upon a more limited
and acceptable definition of permitted uses for this P.11.D.
At the time of this writing, such a recommendation is being
worked out betweenthe petitioner and neighboring property owners."
Mr. Marc Middel, petitioner, spoke to the intended uses.
Mr. Kenneth Medearis, 1413 South College Avenue, requested the
specific usage for this property should be defined very specifi-
cally; and he addressed the home occupation currently being
practiced at 1415 South College Avenue, which has four to five
operators and which creates a traffic problem.
City Attorney March stated in regard to the home occupation now
at 1415, the administration will again investigate it for
compliance, however, if the City cannot establish non-compliance,
the property owners in the area can sign a complaint and the
City Attorney's office will prosecute that complaint in Municipal
Court.
This item was not before the Council at this time. (Councilmembers
did request a re -investigation of the home occupation at 1415
South College).
Petitioner Middel stated he was willing to prepare a legal
document which would speak to the uses which would be allowed
in conjunction with this P.U.D. City Attorney March advised
the Council that from an enforcement standpoint it would be
difficult to enforce any restrictions on the P.U.D. itself in
the way of occupancy, and recommended that it be done in
connection with the variance.
(Councilman Russell left the meeting at 9:30 p.m.)
Councilman Wilkinson made a motion, seconded by Councilman
St. Croix that Council approve the P.U.D. subject to a written
agreement with the property owners that they would limit
occupancy of the property to "professional uses", such as
those described in the definition of "professional office"
369
December. 13,. 1977
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but not including any which involve
clientele on the premises. Yeas:
Bowling, Gray, St. Croix, Suinn and
(Councilman Russell out of room.)
THE MOTION CARRIED
a.substantial degree of
Councilmembers Bloom,
Wilkinson. Nays: None.
Amendment of University Square P.U.D., Preliminary Plan
Tabled
This is a proposal for a motel -restaurant -office complex on
6.8 acres zoned B-P, located at the Southwest corner of Pitkin
Street and South College Avenue. The proposed amendment involves
a less intensive use of the site with the project being reduced
from 155,134 square feet to 76,000 square feet. Approval is
recommended subject to some technical revisions.
Council considered at great length the additional traffic onto
College Avenue, the ingress onto Pitkin Street and the desirability
of having a right of way for Mason Street reserved on this P.U.D.
Councilman Bowling made a motion, seconded by Councilman Suinn
to table this item and send it to the developer with the comments
regarding Mason Street. Yeas: Councilmembers Bloom, Bowling,
Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Council-
man Russell out of the room.)
THE MOTION CARRIED
Replat of Lots 109-114, Southmoor Village East,
Third Filing Approved
This proposed replat would change Pepperwood Lane from a through
street to a cul-de-sac. Approval is recommended.
Councilwoman Gray made a motion, seconded by Councilman Wilkinson
to approve the Replat of Lots 109-114, Southmoor Village East,
Third Filing. Yeas: Councilmembers Bloom, Bowling, Gray,
St. Croix, Suinn and Wilkinson. Nays,: None. (Councilman Russell
out of the room.)
Clarification of Plat of Mission Hills,
Second Filing
Following is the City Clerk's memorandum on this item
"On September 6, 1977, the City Council conditionally approved
the Final Plans and Plat for the Mission Hills P.U.D. subject
to the Landscape Maintenance Guarantee. The item was presented
to the Council in the background material and on the agenda
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December 13,. 1977
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I
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itself 'as the Mission Hills P.U.D. We have now received the
proper utility agreement and the necessary Landscape Maintenance
Guarantee in the form of protective covenants.
On November 30, 1977, the Planning Department brought to my
office the subdivision plat and the P.U.D. plans for processing
and recording. This subdivision plat is titled Mission Hills
2nd Filing. In order to avoid difficulties later, it would
appear to be necessary to have an official notation in City
Council minutes confirming the City Council's approval of the
Mission Hills 2nd Filin because at this time the minutes of
t e eptem er meeting reflect only the approval of the
Mission Hills P.U.D. Technically, without official Council
approval the plat is not an approved subdivision plat.
This type of situation could probably be avoided in the future
if the City Council agenda and background information from the
Planning Department would reflect the full legal name of the
development, since that information serves as the basis for
the City Council minutes.
We request that this item.be placed on the City Council agenda
.for December 13, 1977 for official clarification. This could
be considered as a routine item since the plat has already
been approved in principle."
Councilman Wilkinson made a motion, seconded by Councilman Bowling
to approve the Mission Hills, Second Filing Final Plat. Yeas:
Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and
Wilkinson. Nays: None. (Councilman Russell out of the room.)
THE MOTION CARRIED
Adjournment
Mayor Bloom declared the meeting ad
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