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HomeMy WebLinkAboutMINUTES-05/03/1977-RegularMay 3, 1977 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Regular Meeting - 5:30 P.M. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, May 3, 1977 at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Staff Members Present: Brunton, Lanspery, Krempel, Bingman, Kaplan, Waldo, Wood, Ward and Lewis. Also: City Attorney Arthur March, Jr. Minutes of the Adjourned Meeting of March 29, 1977, the Organizational Meeting of April 12, 1977 and the Adjourned Meeting of April 12, 1977 Approved as Published Councilman Suinn made a motion, seconded by Councilman St. Croix to approve the minutes of the Adjourned meeting of March 29, 1977, the Organizational meeting of April 12, 1977 and the Adjourned meeting of April 12, 1977 as published. Yeas: Councilmembers Bloom; Bowling, Gray, Russell, St. Croix and Suinn. Nays: None. (Councilman Wilkinson out of room.) Ordinance Adopted on Second Reading Amending Chapter 33 Relating to 3.2"/ Fermented Malt Beverage Licenses and Liquor Licenses Following is the City Manager's memorandum on this item: "At its April 19, 1977, meeting the Fort Collins City Council adopted Ordinance No. 41 on first reading. This ordinance pertains to 3.2% fermented malt beverage license and liquor sales. These amendments are to make our City ordinance in compliance with the State Statutes. The first amendment adds a sentence whereby the Liquor License Authority may revoke or elect not to renew a retail license if the facility has not been constructed and placed in operation within two years of approval of the license application or construction of the facility has not commenced within one year of such approval, 64 The second amendment clarifies the section on hours of sale and consumption. The present ordinance reads in part "on Sundays between the hours of 2:00 a.m. and 8:00 a.m.". The amendment states "on Sundays between the hours of 12:00 midnight Saturday night and 8:00 a.m."." Councilman Bowling made a motion, seconded by Councilman Suinn to adopt Ordinance No. 41, 1977 on second reading. Yeas: Council - members Bloom, Bowling, Gray, St. Croix and Suinn. Nays: Council- man Russell. (Councilman Wilkinson out of room.) ORDINANCE NO. 41 , 1977 BEING AN ORDINANCE AMENDING CHAPTER 33 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO INTOXICATING LIQUORS AND FERMENTED MALT BEVERAGES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 33-4B of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "B. The Liquor Licensing Authority may revoke or elect not to renew a retail license if it determines that the licensed location has been inactive, without good cause, for at least one (1) year or, in the case of a retail license approved for a facility which has not been constructed, such facility has not been con- structed and placed in operation within two (2) years of approval of the license application or construction of the facility has not commenced within one (1) year of such approval. In the event that such licensed establishment is not placed in operation within two (2) years of approval of the license application, or construction of the facility has not commenced within one (1) year of such approval, then the action of the Liquor Licensing Authority granting said license shall be null and void and of no effect whatsoever, and the owner of said premises shall be required to re -apply for a license pursuant to the provisions of this Article and any Resolution of the City as if no license had previously been granted." Section 2. That Article II of Chapter 33 of the Code of the City of Fort Collins be, and the same hereby is, amended by adding thereto after Section 33-15C an additional Section 33-15D as follows: 65 9 "D. The Liquor Licensing Authority may revoke or elect not to renew a fermented malt beverage license if it determines that the licensed location has been in- active, without good cause, for at least one (1) year or, in the case of a fermented malt beverage license approved for a facility which has not been constructed, such facility has not been constructed and placed in operation within two (2) years of approval of the license application or construction of the facility has not commenced within one (1) year of such approval. In the event that such licensed establishment.is not placed in operation within two (2) years of approval of the license application, or construction of the facility has not com- menced within one (1) year of such approval, then the action of the Liquor Licensing Authority granting said license shall be null and void and of no effect whatso- ever, and the owner of said premises shall be required to re -apply for a license pursuant to the provisions of this Article and any Resolution of the City as if no license had previously been granted." Section 3. That Section 33-20A of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "A. It shall be unlawful for any person to sell fermented malt beverages between the hours of 12:00 midnight and 6:00 a.m. or on Sundays between the hours of 12:00 midnight and 8:00 a.m. or on any general or primary election day during polling or on the 25th day of December, commonly called Christmas Day." Introduced, considered favorably on first reading, and ordered published this 19th day of April A.D. 1977, and to be presented forte nal passage &r a 3rd day of May A.D. 1977. Ma yo ATTEST: City Clerk (Deputy) 9 66 Passed and adopted on final reading this 3rd day of May A.D. 1977. ayor ATTEST: 4 City er First Reading: April 19, 1977 (Vote: Yeas: 5, Nays: 2) Second Reading: May 3, 1977 (Vote: Yeas: 5, Nays: 1) Dates Published: April 24, 1977 and May 8, 1977 'Attest: i'e" ty Clerk Ordinance Adopted on Second Reading Vacating a Utility Easement in the Indian Hills Subdivision, Eighth Filing 4 Following is the City Manager's memorandum on this item: "At its April 19, 1977, meeting the Fort Collins City Council adopted Ordinance No. 42, 1977, on first reading. This ordinance vacates an easement between Lots 184 and 185 of the Indian Hills Subdivision, Eighth Filing. We have received a new utility easement to take the place of the one being vacated." Councilman Suinn made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 42, 1977 on second reading. Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix and Suinn. Nays: None. (Councilman Wilkinson out of room.) 67 ORDINANCE NO. 42 , 1977 BEING AN ORDINANCE VACATING A UTILITY EASEMENT IN THE INDIAN HILLS SUBDIVISION, EIGHTH FILING BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That that certain utility easement shown on the plat of Indian Hills Subdivision, Eighth Filing, the centerline of which is the common line between Lots 184 and 185 of said subdivision be, and the same hereby is, vacated, abated and abolished; provided, however, that nothing herein shall affect the easement adjoining the West line of said Lots 184 and 185 and extending six feet East of such West line. The easement herein vacated is not needed for any municipal purpose, a substitute easement having been provided therefor. Introduced, considered favorably and ordered published this 19th day of April, A.D. 1977, and to be presented for final passage on the 3rd day of May, A.D. 1977. ATTEST: City Clerk (Deputy) Passed and adopted on final reading this 3rd day of May, A.D. 1977. ATTEST: City Clerk 9 1-M First Reading: April 19, 1977 (Vote: Yeas: 7, Nays: 0) Second Reading: May 3, 1977 (Vote: Yeas: 6, Nays: 0) Dates Published: April 24, 1977 and May 8, 1977 Attest: City Cler Ordinance Adopted on Second Reading Amending the Peace and Good Order Ordinance Pertaining to Offenses Against Public Decency Following is the City Manager's memorandum on this item: "Ordinance No. 44, 1977, was adopted on first reading at the April 19, 1977, Council meeting. This ordinance makes it unlawful to promote sadomasochistic material or a sadomasochistic performance, to promote obscenity to a minor, and to publicly display obscene material. Prior to the adoption of this ordinance on first reading, the City Council had several meetings on this subject and made several changes in the proposed requirements." Councilwoman Gray reported she had met with a group of students from Lincoln Jr. High School, and that the students had met with state legislators and had requested that a prohibition be added to the state bill on the use of children for pornographic purposes. Councilman Bowling made a motion, seconded by Councilman Russell to adopt Ordinance No. 44, 1977 on second reading. Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. ORDINANCE NO. 44 , 1977 BEING AN ORDINANCE AMENDING SECTION 84-2 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO PEACE AND GOOD ORDER, MAKING IT UNLAWFUL TO PROMOTE SADOMASOCHISTIC MATERIAL OR A SADOMASOCHISTIC PERFORMANCE, TO PROMOTE OBSCENITY TO A MINOR, AND TO PUBLICLY DISPLAY OBSCENE MATERIAL AND PROVIDING A DEFINITION SECTION THERETO BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 84-2 of the Code of the City of Fort Collins be, and the same hereby is, amended by adding additional sections H, I, J and K thereto, at the end thereof, to read as follows: 69 1 "H. Promoting sadomasochistic material or a sadomasochistic performance to an adult or a minor. It shall be un aw u for any person to promote sadomasochistic material or a sadomasochistic performance to an adult or a minor. A person commits promoting sadomasochistic material or a sadomasochistic performance to an adult or a minor if he knowingly: a) Promotes, or possesses with intent to promote, any sadomasochistic material to an adult or a minor; or b) As owner, producer, director, manager, or performer, promotes any sadomasochistic performance to an adult or a minor. I. Promoting obscenity to a minor. It shall be unlawful for any person to promote obscenity to a minor. A person commits promoting obscenity to a minor if he knowingly: a) Promotes, or possesses with intent to promote, any obscene material to a minor; or b) As owner, producer, director, manager, or performer, promotes any obscene performance or live sexual per- formance to a minor. J. Publicly displaying obscene material. It shall be unlawful for any person to publicly disp ay obscene material. A person commits publicly displaying obscene material if he knowingly: a) Displays publicly or causes to be displayed publicly obscene material; or b) Permits any public display of obscene material on premises owned, rented, or operated by him. K. Definitions. For the purposes of this Section 84-2,. the following terms shall have the meanings indicated: Cl) "Adult" means a person who has reached his eighteenth birthday. (2) "Commercial purposes" means any purposes connected with the commercial sale of a product or type of product, the commercial offering of a service, or the commercial exhibition of any form of entertainment. C3) "Displays publicly" means the exposure, placement, posting, exhibition, or display, in any fashion, of an item, in any location, public or private, in such a manner that it may readily be seen and its contents or character distinguished by normal unaided vision from a public thoroughfare, a vehicle on a public thoroughfare, or the property of another. 70 (4) "Hard-core sexual conduct" means patently offensive acts, exhibitions, representations, depictions, or descriptions of: a) Intrusion, however slight, actual or simulated, by any object, any part of an animal's body, or any part of a person's body into the genital or anal openings of any person's body; or b) Cunnilingus, fellatio, anilingus, masturbation, bestiality, lewd exhibition of genitals, or excretory functions, actual or simulated. (5) "Live sexual performance" means any live performance by one or more persons, or a person and an animal, which: a) Taken as a whole, appeals to the prurient interest of the average person, applying contemporary state- wide standards; and b) Presents or shows hard-core sexual conduct; and c) Taken as a whole, lacks serious literary, artistic, Political, or scientific value. C61 "Material" means any physical object, facsimile, recording, transcription, pictorial representation, motion picture, or reproduction, whether mechanical, electrical, or chemical, which is used as a means of communicating sensation or emotion to human beings to or through the visual, aural, or tactile senses, but does not include the printed or written word. (7). "Minor" means a person who has not reached his eighteenth birthday. (8) "Obscene material" means that material, as defined in subsection (6) of this section, which: a) Taken as a whole, appeals to the prurient interest of the average person, applying contemporary state- wide standards; and b) Depicts or describes hard-core sexual conduct; and c) Taken as a whole, lacks serious literary,.artistic, political, or scientific value. (g) "Obscene performance": a) Means that performance, as defined in subsection (11) of this section which: (I) Taken as a whole, appeals to the prurient interest of the average person, applying contemporary statewide standards; and (II) Presents or shows hard-core sexual conduct; and (III) Taken as a whole, lacks serious literary, artistic, political, or scientific value. 71 b) Includes a live sexual performance, as defined in subsection (5) of this section. (10) "Owner" includes any person who has a financial interest in an activity or thing entitling him to participate in the promotion, management, or proceeds of the activity or thing. It does not include a person whose connection with the activity or thing entitles him only to reasonable salary or wages for services actually rendered. (III "Performance" means a presentation or exhibition, whether live or recorded, in a public place or place_ open to the public. (12) "promote" means to produce, direct, perform in, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, or advertise, whether or not for consideration, or to offer or agree to do any of these things, whether or not for consideration. (13) "Sadomasochistic material" or "Sadomasochistic performance" means that material, as defined in subsection (6) of this section, or performance, as defined in subsection (11) of this section, which: a) Taken as a whole, appeals to the prurient interest of the average person, applying contemporary statewide standards; and b) Depicts, presents, shows, or describes flagellation, mutilation, or torture, actual or simulated, in a sexual context; and c) Taken as a whole, lacks serious literary, artistic, political, or scientific value." Introduced, considered favorably on first reading, and ordered published this 19th day of April, A,D, 1977, and to be presented for final passage on the 3rd day of May, A,D, 1977. ATTEST: City Clerk (Deputy) 72 Passed and adopted on.final reading this 3rd day of May, A.D. 1977. ATTEST: i ty Clerk First Reading: April 19, 1977 (Vote: Yeas: Second Reading: May 3, 1977 (Vote: Yeas: Dates Published: April 24, 1977 and May 8, 1977 Attest: City Clerk , Nays: 0) , Nays: 0) 4 Ordinance Adopted As Amended on Second Reading Amending the Electrical Code Following is the City Manager's memorandum and recommendation on this item: "Ordinance No. 28 was adopted on first reading at the March 15th meeting. At the March 29, 1977, meeting the second reading was tabled pending further study by the staff of the entire contractor licensing fee schedule. At the same time the City Council asked the City Administration to meet with the various contractors to discuss .the entire fee schedule. These meetings have been held along with meetings of the Building & Contractors Licensing Board. This entire matter was discussed at the April 26th, 1977, Council meeting. Enclosed is another copy of the memo on this subject from William E. Waldo, Chief Building Inspector. This memo will refer to Ordinance No. 28 and various other ordinances necessary to adjust the other contractors' fees. 73 J This amending of the electrical Code was initially brought to the Council's attention by the City Attorney because of several court rulings. The Colorado Court has held our present licensing requirement invalid and it is, therefore, necessary to change the procedure to require registration. This ordinance provides for the registration of electricians. Because of the meeting of the staff with the various contractors, there are several changes in Ordinance No. 29. The last part of 47-9C should be changed from "$15 per year, such fee shall be applicable to all electricians state license held." to "An annual registering under state master's o $5 for any person registering as a also been added as follows: "This on the first day of June 1977." regardless of any type of fee of $10 for any person r journeyman's license, and n apprentice." Section 6 has ordinance shall take effect Recommendation: The Administration recommends the following action in connection with Ordinance No. 28, 1977: A. Adopt a motion amending Section 47-9 C in Section 2 of the Ordinance by deleting the portion lined out and adding the portion in capitals, and adding Section 6. B. Adopt the Ordinance on second reading as amended." Councilman Russell made a motion, seconded by Councilwoman Gray to amend the Ordinance as recommended by the administration (Section A). Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix and Suinn. Nays: Councilman Wilkinson. Councilman Russell made a motion, seconded by Councilman St. Croix to adopt Ordinance No. 28, 1977 on second reading as amended. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix and Suinn. Nays: Councilman Wilkinson. ORDINANCE NO. 23, 1977 BEING AN ORDINANCE AMENDING CHAPTER 47 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO ELECTRICAL INSTALLATIONS AND LICENSING OF ELECTRICIANS, AND REPEALING SECTIONS 47-5, 47-11, 47-12 AND 47-13 OF THE CODE OF THE CITY OF FORT COLLINS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: 1 7A Section 1. That Section 47-4 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "§ 47-4. Permits required for electrical construction work. "No person shall do any electrical contruction work, including the installation of new electrical apparatus or the repairing of electrical apparatus already in use, unless such person has first applied for and obtained a permit describing the scope of such work. Such permit shall give the location of the work by street and number and shall be countersigned by the person under whose supervision the work is to be done. No permits for electrical contruction work shall be issued to anyone other than a person registered as an electrical contractor in the City. Before any permit is issued, the Building Inspector may require that such plans and specifications of the proposed work be furnished as are deemed necessary. No person, firm or corporation shall allow any person not registered as an electrician in the City to work on any electrical construction project, except that this provision shall not apply to any person entitled to a permit under the exception contained in § 73-117B of Chapter 73 of this Code. Where work for which a permit is required by this code is proceeded with prior to obtaining said permit, the fee specified shall be doubled, but the payment of such double fee shall not release any person from the obliga- tion to fully comply with the requirements of the code in the execution of the work nor from any other penalties prescribed herein. This provision shall not be construed to apply to bona fide emergency work when it shall be established to the satisfaction of the Chief Building Inspector that such work was urgently necessary and that it was not practical to obtain a permit therefor before the commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining said permit, a double fee as provided herein.shall be charged. A delay beyond the succeeding regular working day shall be deemed to be unreasonable." 75 Section 2. That Section 47-9 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "S 47-9. Registration required for electricians. "A. Any and all electricians must register with the Building Inspection Department of the City before engaging in any electrical construction work in the City of Fort Collins. All registrations shall expire on the 31st day of December of each year. It shall be unlawful for any electrician to engage in electrical construction work without being currently registered as required herein, and it shall further be unlawful for any person to employ any electrician in connection with electrical construction work in the City who is not so registered. "B. Any person desiring to register as an electri- cian in the City shall pay the registration fee herein- after provided to the Director of Finance of.the City and obtain a receipt showing payment of such fee. Upon presentation of a current receipt from the Director of Finance and a current state license (or registration in the case of an apprentice or trainee) issued by the State Electrical Board, the Building Inspector shall register the applicant as an electrician authorized to engage in electrical contracting work in the City. "C. The registration fee to be paid in order to register as an electrician in the City shall be an annual fee of ten dollars ($10.) for any person registering under a state master's or journeyman's license and five dollars ($5.) for any person registering as an apprentice. "D. Registrations shall be valid for the period January 1 through December 31 of any year. There shall be no proration of registration fees for portions of a year." Section 3. That Section 47-10 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "§ 47-10. Electrical contractors. "A. For the purpose of this section, electrical contractor means any person, firm, partnership, corpora- tion, association or combination thereof who undertakes or offers to undertake for another the planning, laying out, supervising and installing or the making of addi- tions. alterations and repairs and the installation of 76 wiring apparatus and equipment for electric light, heat and power. A registered professional engineer who. plans or designs electrical installation shall not be classed as an electrical contractor. "B. No person shall engage in the business of contracting for the installation of electrical work in the City without registering as an electrical contractor with the Building Inspection Department of the City. In order to register as an electrical contractor, the person desiring to engage in such business must do the following: "l. Be licensed as a master electrician by the State Electrical Board and registered as an electri- cian in the City, or have an employee so licensed and registered. The registration as an electrical contractor shall be valid only so long as the person registered is licensed as a master electrician by the State Electrical Board or employs a person licensed as a master electri- cian by such State Board. "2. File with the Building Inspection Depart- ment a good and sufficient corporate surety bond in the penal sum of five thousand dollars ($5,000.) conditioned that all electrical work installed by said electrical contractor or his employees shall be in accordance with the requirements of the ordinances of the City of Fort Collins. "3 Submit to the Building Inspector a list of all employees working for the electrical contractor. At least monthly after registration as an electrical contractor, the contractor must advise the Building Inspection Department of any changes in the list of employees working for such contractor. All such employees must at all times be registered as electricians." Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance or of any code or standard adopted hereby is for any reason held invalid, such decision shall not affect the validity of the remaining sections of this ordinance or of said standards. The City Council hereby declares that it would have passed this ordinance and adopted said standards in each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 77 r Section 5. That Sections of the Code of the City of Fort hereby are, repealed. 47-5, 47-11, 47-12 and 47-13 Collins be, and the same . SECTION 6. THIS ORDINANCE SHALL TAKE EFFECT ON THE FIRST DAY OF JUNE, 1977. Introduced, considered favorably on first reading, and ordered published this 15th day of March, A.D. 1977, and to be presented for final passage on the 3rd day of May, . A.D. 1977. ATTEST: City Clerk , Passed and adopted on fin May, A.D. 1977. ATTEST - City Clerk f` . al reading this 3rd day of Ax A14190 Mayo First Reading: March 15, 1977 Second Reading: May 3, 1977 Dates Published: March 20, 1977 Attest:. �+ i City Cler a 78 (Vote: Yeas: (Vote: Yeas: and May 8, 1977 4, Nays: 1) 6, Nays: 1) Ordinance Adopted As Amended on Second Reading Imposing an Occupation Tax on Electrical Contractors Following is the City Manager's memorandum on this item: "Ordinance No. 29, 1977, is the companion to Ordinance No. 28, 1977, and provides for imposing an occupational tax on electrical contractors. In Section I the $250 amount is reducedto $175. The effective date of the Ordinance is changed from the fifteenth day of April to the first day of June, 1977." Councilman Russell made a motion, seconded by Councilman Suinn to amend the ordinance by changing the $250 amount to $175 in two places in Section I and to change the effective date in Section V from the fifteenth day of April to the first day in June, 1977. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. Councilwoman Gray made a motion, seconded by Councilman Bowling to adopt Ordinance No. 29, 1977 on second reading as amended. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. ORDINANCE NO. 29, 1977 BEING AN ORDINANCE CONCERNING REVENUE AND IMPOSING A BUSINESS AND OCCUPATION TAX ON PERSONS CONDUCTING THE BUSINESS OF AN ELECTRICAL CONTRACTOR BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. Levy of Tax. There is hereby levied against any person engaged in the business of being an electrical contractor in the City of Fort Collins a tax on the privilege of engaging in such business. The amount of such tax shall be $175.00 for the portion of 1977 remaining after the effective date of this ordinance and $175.00 annually for each subsequent year. Section 2. Payment of Tax. The tax levied by this ordinance shall be due on the 1st day of January of each year except 1977. The tax for the year 1977 shall be due upon the effective date of this ordinance. 70 1 Section 3. Failure to Pay. If any person subject to this ordinance fails to pay any tax due hereunder on the date the same is due, the entire amount of such tax shall bear interest at the rate of ten percent (10%) per annum from the date of default of payment and shall be collectible as a debt due and owing to the City by civil action in any court of competent jurisdiction. In addition, the failure to pay any tax due hereunder shall be a violation of the ordinances of the City of Fort Collins, punishable as provided in Section 1-23 of the Code of the City of Fort Collins. Section 4. Proration. the tax imposed hereby for amount of tax shall be due engages in the business of City. There shall be no proration of any partial year and the full regardless of the date any person electrical contracting in the Section 5. Effective Date. This ordinance shall take effect on the first day of June, 1977, and the first payment of the tax levied by this ordinance shall be due on such date. Introduced, considered favorably on first reading, and ordered published this 15th day of March, A.D. 1977, and to Introduced, considered favorably on first reading, and ordered published this 15th day of March, A.D. 1977, and to be presented for final passage on the 3rd day of May, A.D. 1977. ATTEST: Ci y Clerk 1 Passed and adopted on final reading this 3rd day of Ma A D 1977 Y, ATTEST City Clerk 1 80 First Reading: March 15, 1977 (Vote: Yeas: 4, Nays: 1) Second Reading: May 3, 1977 (Vote: Yeas: 7, Nays: 0) Dates Published: March 20, 1977 and May 8, 1977 Attest: %., •. City Cler Ordinance Adopted on First Reading Relating to the Oualifications of Plumbers Following is the City Manager's memorandum on this item: "In connection with the study and review of the contractor's licensing and occupation taxes the recommendations included revisions to the fees and taxes charged to plumbers. Although the State law revisions have not yet extended to the plumbing field, it seems likely that this will be done in the future. Therefore, the provisions relating to plumbers have been changed to correspond with the changes made in the electrician area." Councilwoman Gray made a motion, seconded by Councilman Suinn to adopt Ordinance No. 50, 1977 on first reading. Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. Ordinance Adopted on First Reading Imposing an Occupation Tax on Plumbing Contractors or Mechanical Contractors Following is the City Manager's memorandum on this item: "The changes in the occupation tax for plumbing and mechanical contractors is part of the overall review of the entire evaluation of the various construction professions. The original recommenda- tion was for $250. This was reduced after meeting with the contractors and the Licensing Board to $125." Councilman Russell made a motion, seconded by Councilman Suinn to adopt Ordinance No. 51, 1977 on first reading. Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. Ordinance Adopted on First Reading Imposing a Business and Occupation Tax on Heating and Air -Conditioning Contractors Following is the City Manager's memorandum on this item: 81 9 "In connection with our recent review of all of our occupation taxes and permits on the various construction professions, there was a need to have an occupation tax on heating and air-condi- tioning contractors. Ordinance No. 52, 1977, provides for a $125 annual occupation tax. If there is a license fee already paid, there are provisions that part of this will be credited against the occupation tax." Councilwoman Gray made a motion, seconded by Councilman Suinn to adopt Ordinance No. 52, 1977 on first reading. Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. Ordinance Adopted on First Reading Relating to the Classes of Licenses and Fees for Buildina Contractors Following is the City Manager's memorandum on this item: "In connection with the overall evaluation of the licenses, fees and occupation taxes for the various building and construction trades, the following changes were recommended in the fees: (1) General Contractor's License (Unlimited) from $125 to $225 (2) Limited Contractor's License from $75 to $175 (3) Special Contractor's License from $50 to $70 (4) Jobbing Contractor's License from $15 to $30 (5) An additional subsection "F" has been added to provide for a new Mechanical Contractor's License at $50." Councilman Suinn made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 53, 1977 on first reading. Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. (Secretary's Note: This item was reconsidered, amended, then adopted as amended later in the meeting.) 82 Ordinance Adopted on First Reading Relating to Sheet Metal Workers' Licenses and Fees Therefor Following is the City Manager's memorandum on this item: "In connection with our recent review of all of our occupation taxes and permits on various construction professions, there was a need to have a license fee for all sheet metal workers. Ordinance No. 54, 1977, provides a license fee of $10 for all master or journeyman sheet metal workers and $3 for all apprentice sheet metal workers." Councilman Suinn made a motion, seconded by Councilman Bowling to adopt Ordinance No. 54, 1977 on first reading. Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. Ordinance Adopted on First Reading Relating to Licenses for Gas Fitters and Fees Therefor Following is the City Manager's memorandum on this item: "In connection with our recent review of all of our occupation taxes and permits on various construction professions, there was a need to have a license fee for all gas fitters. Ordinance No. 55, 1977, provides a license fee of $50 for a master's license, $10 for a journeyman's license, and $5 for an apprentice license." Councilman Bowling made a motion, seconded by Councilman Suinn to adopt Ordinance No. 55, 1977 on first reading. Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. Meeting with Duane Miller of CSU on Planning Parks for Urban Growth Following is the City Manager's memorandum on this item: "Dr. Duane Miller, a professor at CSU, prepared the original Planning Parks for Urban Growth for the City of Fort Collins. This was part of his Doctor's dissertation. Recently, Dr. Miller discussed with us the possibility of having one of his classes update this report. Dr. Miller had one of his classes prepare the basic data on this program. At the time he embarked on this program we told him that we would have his class make the pre- sentation to Council during this semester. The May 3, 1977, date appears to be the last time that we could effectively have the 83 L students make this presentation. They made a practice presenta- tion before the Parks and Recreation Board at its April 26, 1977, meeting. Dr. Miller will be preparing the final written report in the next three to four weeks." Dr. Miller's class presented an hour presentation on the update of the report. Citizen Participation Presentations of plaques of appreciation to Earl Wilkinson and Peggy Reeves for their service on the City Council were presented. The following proclamations were presented: Better Hearing and Speech Month May, 1977 Municipal Clerk's Week May 9-15, 1977 John Amos Week May 9-14, 1977 National Salvation Army Week May 9-15, 1977 10 The following students from Lincoln Junior High School spoke to their desire to have City Council prohibit the sale of pornographic material involving children: 1. Pam Gustafson 2. Claire Morel-Seytoux 3. Dennis Gile 4. Chris Glanton 5. Debbie Leming 6. Ms. Dinkelman Reconsideration of Ordinance No. 53. 1977 Mayor Bloom stated the Council would go back to item 21, "Hearing and First Reading of Ordinance No. 53, 1977, Relating to the Classes of Licenses and Fees for Building Contractors." Councilman Bowling made a motion, seconded by Councilman Wilkinson to reconsider action taken on Ordinance No. 53, 1977. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. City Attorney March then stated if Council desired to change the ordinance it should read as follows: 84 "Revised Section VI: This ordinance shall be effective on June 1, 1977. In case of any license in effect on such date only the prorata amount of any increase in the license fee representing the fraction of a full year which such license will be in effect shall be due. Initial mechanical contractors' licenses shall be issued so that the term of the license coincides.with the term of the licensee's registration as a plumbing con- tractor, and the license fee shall be prorated, based upon the term of the license." Councilman Wilkinson made a motion, seconded by Councilwoman Gray to amend Ordinance No. 53, 1977 read by the City Attorney (above). Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Councilman Russell out of room.) Councilman Bowling made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 53, 1977 as amended on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Councilman Russell out of room.) Ordinance Adopted on First Reading Amending the Zoning Ordinance with Regard to Regulating Certain Adult Uses Following is the City Manager's memorandum on this item: "At its April 19, 1977, meeting the Fort Collins City Council tabled consideration of first reading of Ordinance No. 43, 1977. At that time the ordinance Drovided that various adult uses would only be allowed in C-Commercial District zones. The City Council decided that the C-Commercial was inappropriate for this type of use and they requested that the ordinance be changed to provide for the adult uses in the H-B, Highway Business District zone." Dennis Gile, student at Lincoln Jr. High School, requested the footages be expanded from 1,000 feet to 1,500 feet for establishments of more than one use of certain types of business. City Attorney March stated the ordinance, as drawn, is legally defensible. Councilman Bowling made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 43, 1977 on first reading. Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. Ordinance Tabled on First Reading Creating and Organizing Water Main Improvement District No. 7 Following is the City Manager's memorandum on this item: 85 "At the March 15, 1977, meeting the City Council took initial action in regard to Water Main Improvement District No. 7. This District would provide for the installation of a water main on West Elizabeth from Overland Trail to Timber Lane. The Engineering Services Department received a petition from a property owner which would allow this District to be initiated by petition; however, the petition requirements are based upon the area of property served. Otherwise, the proposal from Engineering (consistent with past practice) is to assess on the basis of front footage. Therefore, we recommend the proposal of the Director of Engineering Services to form a City initiated District. At the March 15, 1977, meeting the City Council also took the following action: 1. Adopted the resolution accepting the recommendation of the Director of Engineering Services to initiate the District. 2. Received a report from Don Parsons, City Engineer. 3. Adopted the second resolution approving the plans and speci- fications and other details as set forth in the report from the City Engineer. This second resolution also called for a public hearing on this matter on May 3,1977, at 5:30 p.m. There is some confusion and difficulties regarding this District. Part of the area is in the Fort Collins/Loveland Water District. We have received several objections to this project. At the Council meeting we will discuss in more detail the justification and problems in connection with this area. The purpose of the public hearing is for the Council to make a final determination as to whether or not we should continue with the project." Director of Engineering Services, Roy A. Bingman, and City Engineer Donald Parsons spoke to details of the district and cost breakdown of the district. City Attorney March stated three remonstrances had been received; and read the following protest into the record: a 86 IN THE MATTER OF THE PROPOSED ) WATER MAIN IMPROVE14ENT DISTRICT NO. 7 ) PROTEST We, the undersigned residents of Fort Collins, having been included within the limits of Water Main Improvement District No. 7, hereby respectfully enter our protests to the proposed improvement district. It is our collective belief that the proposed improvements offer absolutely no benefits to the overwhelming majority of the residents to be assessed. We further feel that said assessments levied against all, and to the benefit of but a few, constitutes an economic injustice to the unbenefitted residents of the district. The proposed improvements offer no benefits to protestants Prochnow, Smith, Sperry, Barnes, Elias, and in that all of these residents are presently being adequately serviced by the Fort Collins -Loveland Water District. These homes have all been served by Fort Collins -Loveland for many years and the experience with this Company has shown that they provide good service at fair and reasonable rates. Installation of a second water main along West Elizabeth from Overland Trail to the irrigation ditch affords these people no additional 1 I 87 8 utility benefits, and as such, these people should not be expected to pay for any such project. We feel that dual utility service is economically unfeasible, nonbeneficial, and is unduly discriminatory to those residents against whom assessments are made. With regard to protestants Moya and Stevens, it is our belief that the City is also working an undue economic hardship on these people. The homes owned by these residents are already being served by City water. An additional water main will not provide them any extra service, and we therefore believe, that it is unreasonable for the City to expect these people to pay for a second main that will primarily benefit only the original petitioner, Mr. Edward Jaerger. Mr. Jaerger owns two pieces of property along West Elizabeth and uses these properties for rental units. Installation of this main will provide service to these two lots and thus increase the value of Mr. Jaerger's property. He may,of course, recover his assessment outlay -by raising the rent to his tenants. The unbenefitted residents receive no property appreciation nor may they in turn pass on the assessment costs. In a memorandum written by Roy Bingman to Robert Brunton dated March 10, 1977r Mr. Bingman in his capacity as Engineering Services Director recommends that the improvement district be initiated by the City. He further states that "...the water line is needed to provide adequate water service to this general a 88 portion of the city..." We, the protestants, would argue that if the City Engineering Department is planning to use this main to increase water pressure to the general portion of the city, specifically those areas lying to the north and south of West Elizabeth along Rocky Road and Timber Lane, then the boundaries of the water district are improperly drawn and they should be redrafted to include all of those areas actually. receiving increased pressure. We believe that this request is in accordance with Section 16-5A of the City Code which states A public work or improvement, the cost of which, in whole or in part, is to be assessed against the property specially bene£itted thereby, may be initiated by the City Council on recommendation of the Director of Pubic Works or on petition of the property owners to be affected We, the undersigned, do not feel that this proposed water main specially benefits our property. We therefore, respectfully request that the members of the City Council, by their votes, defeat 'Hater Main Improvement District No. 7 as proposed, 77 rloya r.-/oTevens, •!r. 2800—W. Elizabeth uaniel E./max.ine V Moya 27 0 Elizabeth 9 Mike/'Carolyn Elias 2922 W. Elizabeth 89 r Broda O./Charlotte W. Barnes 2838 W. Elizabeth Veronica Sperry 2835 W. Elizabeth na pica hl rn u�_ .� 4 •L/ GG �/i G �/3 �y Robert R./Frances L. Proc 2939 W. Elizabeth W rwa rau.wa- Liau0 i �� �L1�l�e==-�a9 hard L. artlett PO Box 2381, Ft, Collins Submitted a 90 y-�-» City Attorney March stated further the properties in question represent more than 50`/, of the frontage which would be assessed in the district and accordingly, under the provisions of the ordinance in order to initiate the district, it will be necessary for the Council, by a two-thirds vote, to make a determination that the public interest requires the making of the proposed improvements. Director of Water and Sewer Utilities Roger Krempel spoke to the need for the improvement and to the City's participation in this district. City Manager Brunton recommended the Council proceed with the hearing and refer the matter back to staff to attempt to come forward with a plan to abate the charge to people who are on the Fort Collins/Loveland Water District, until such a time as they come onto the City system. Mayor Bloom then declared the hearing open; the following persons spoke in opposition to being included in the district: 1. Leland H. Smith, 3001 W. Elizabeth 2. Evelyn Minatta, 2621 W. Elizabeth 3. Robert Prochnow, 2939 W. Elizabeth 4. Mike Elias, 2922 W. Elizabeth Mayor Bloom declared the hearing closed. Councilman Bowling made a motion, seconded by Councilman Suinn to refer this matter back to the staff and table the hearing and first reading of the ordinance to June 7, 1977. Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. Ordinance Tabled on First Reading Relating to the Creation and Organization of Sanitary Sewer Improvement District No. 59 Following is the City Manager's memorandum on this item "Sanitary Sew Mulberry Stre sanitary sewe Services base sanitary sewe plated street At the March the following 1 er Improvement District No. 59 is located on West et between Crestmore Drive and Taft Hill Road. This r district was initiated by the Director of Engineering d upon the needs in the area and the need to have a r installed prior to the construction of the contem- improvement district in the next several years. 15, 1977, meeting the Fort Collins City Council took action: (1) adopted a Resolution accepting the recommendations of the Director of Engineering Services to initiate the District W i� 1 (2) received the report from Don Parsons, City Engineer (3) adopted the resolution approving the plans and speci- fications and other details as set forth in the report from the City Engineer. At the same time the City Council established the public hearing on this project for May 3, 1977, at 5:30 p.m." City Engineer Donald Parsons, indentifed the area and stated there is no City participation in this district. Mayor Bloom then declared the hearing open. The following persons spoke in opposition to being included in this district: 1. Don Samuelson, 2025 West Mulberry 2. Lillian Hamilton, 2035 West Mulberry Mayor Bloom declared the hearing closed. Councilman Bowling made a motion, seconded by Councilman Russell to refer this matter to the staff and table the hearing and first reading of Ordinance No. 46, 1977 to June 7, 1977. Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. IFLandings Residential P.U.D., Preliminary Plan Approved Following is the City Manager's memorandum on this item: "The Landings Residential PUD is located immediately south of Horsetooth Road and west of Warren Lake. The developer proposes to have 166 single and multi -family units on this 43.7-acre site zoned R-P, Planned Residential District, and R-L-P, Low Density Residential District. There are various density factors in the different areas with a total density of 2.7 units per acre. At its April 11, 1977, meeting the Planning and Zoning Board voted unanimously to approve this Preliminary Plan with several revisions recommended by staff. The staff's recommendations were to include in the site plan 15'/ common, active, recreational areas. Most of the other changes were technical and minor in nature. The only provision not met yet by the developer is the 15% common area. We will discuss this matter in greater detail at the Council meeting. It is hoped that the City and developer can come to an agreement on this subject at the Council meeting. There are three suggested alternates in resolving the matter. The Administration believes it would be better to have smaller, individual lots and more common areas to meet the requirements." 92 Planner II, Paul Deibel, identified the area in question and recommended approval conditioned upon the developer complying with the 15% requirement. City Attorney March stated the 15% requirement could be met either by removing the estate lots from the plan or making other adjustments or by applying for a variance before the Zoning Board of Appeals. Reid Rosenthal, developer, stated the intent had been to lower the density and create a better environment. Under the ordinance only 11 percent is classified as functional open space, thus creating a hardship. Councilman Suinn made a motion, seconded by Councilman Bowling to approve the Landings Residential P.U.D., Preliminary Plan conditioned upon the developer resolving the 15% open space requirement. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. Mayor Bloom declared a five minute recess at this time. Stonehenge Residential P.U.D., Preliminary Plan Conditionally Approved Following is the City Manager's memorandum on this item: "The Stonehenge Residential P.U.D. is located west of Lemay Avenue south of Stuart and Riffenburgh School and north of Parkwood Sub- division. The developer plans to develop a 133-unit, single- family P.U.D. on a 43-acre site zoned R-L, Low Density Residential District. The density is 3.2 units per acre. The Planning and Zoning Baord at its April 11, 1977, meeting recommended unanimously for approval, providing certain stipulations and details were complied with. It is felt that the developer can meet all of the requirements of the Planning and Zoning Board and staff." City Manager Brunton stated this plan had the same problem as the previous one. Reid Rosenthal, developer, again spoke to the 15'/ requirements. Councilman Bowling made a motion, seconded by Councilwoman Gray to approve the Stonehenge Residential P.U.D., Preliminary Plan conditioned upon the developer resolving the 15"/ open space requirement. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. Pinewood P.U.D. Preliminary Plan Approved Following is the memorandum from the City Manager on this item: 93 "The Pinewood Residential P.U.D. is located south of Pinetree Village Apartments between Stanford and Stover Streets. There would be 20 duplex lots or 40 residential units on a 6.6 acre site zoned R-M-P. This would be a density of 6.9 units per acre. The plan calls for the duplexes to be constructed on relatively small lots, but all have access to common open space. At its April 11, 1977, meeting the Planning and Zoning Board recommended unanimously for approval of the premliminary site plan, providing that the necessary open space is included within the legal area of the development, that all lots leave access to greenbelt area, and that several minor technical revisions are made. All of these revisions have been agreed upon by the developer." Mr. Ted Davis, applicant, stated he would answer questions from Council. Councilman Wilkinson made a motion, seconded by Councilman Bowling to approve the Pinewood P.U.D. Preliminary Plan. Yeas: Council - members Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: Councilmembers Bloom and Russell. Wyco Industrial Plaza P.U.D., Preliminary Plan ADDroved 1p Following is the City Manager's memorandum on this item: "The Wyco Industrial Plaza PUD is located on the south side of East Prospect Street east of Timberline Road. This 4.99-acre site is zoned I-P, Industrial Park District. The developer plans to construct four 10,000-square feet buildings intended for heavy commerical and light industrial use. This area will be surrounded by a larger subdivision that is now under review. The Plan is consistent with the proposed Plan for the larger subdivision. The developer has agreed to all of the suggested changes made by the staff and the Planning and Zoning Board. The Board recommended for approval subject to meeting all of the conditions that were outlined." Councilman Wilkinson made a motion, seconded by Councilman Bowling to approve the Wyco Industrial Plaza P.U.D. Preliminary Plan. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. Mission Hills P.U.D., Preliminary Plan Approved Following is the City Manager's memorandum on this item: 9 94 "The Mission Hills Residential P.U.D. is located on the southwest corner of Columbia Road and Lemay Avenue. The proposal is to construct a 90-unit multi -family P.U.D. on a 7.6 acre site. The density is 11.8 units per acre. The Planning and Zoning Board recommended unanimously for approval of this subdivision." Councilwoman Gray made a motion, seconded by Councilman Bowling to approve Mission Hills P.U.D. Preliminary Plan. Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. Glenmoor Subdivision, Preliminary and Final Plat Approved Following is the City Manager's memorandum and recommendation: "The Glenmoor Subdivision is located on the east side of Glenmoor Drive between Plum and Elizabeth Streets. The subdivision would consist of 11 lots on a 2.402-acre tract zoned R-L, Low Density Residential District. At its March 14, 1977, meeting, the Planning and Zoning Board unanimously recommended for approval of the Subdivision. The Board recommended that Hinry Court be reduced from 40 to 32 feet. This street should be adequate for a cul-de-sac, especially when there are houses only on the south side. The Planning and Zoning Board's recommendation that the required front yard setback for two of the lots at the end of the cul-de-sac be reduced can only be a recommendation to the Zoning Board of Appeals. Recommendation: The Administration recommends that the City Council approve the Preliminary and Final Plat of Glenmoor Subdivision with the understanding that the street will be 32 feet wide." Director of Planning, Lester Kaplan, spoke to storm water retention on the site. City Attorney March stated there is a requirement on this property that will require that Council permit that retention strip to exist and that the City have control of it. Councilman Bowling made a motion, seconded by Councilman Russell to adopt the recommendation of the administration and require that the storm water retention area be conveyed to the City. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. Proposed Street Improvement District No. 72 Mayor Bloom excused himself from discussion and voting on this issue. Vice -Mayor Suinn assumed the Chair. 95 Following is the City Manager's memorandum and recommendation on this item: "Street Improvement District No. 72 is located on (1) the north side of Drake Road from Stover Street to the east edge of Cotton- wood Subdivision, (2) the south side of Drake Road from the east edge of Scotch Pines, Sixth Filing to Lemay Avenue, (3) the west side of Lemay Avenue from the west 1/4 corner of Section 30, Township 7 North, Range 68 West of the Sixth P.M. to the south 1,313 feet of said 1/4 corner. This is a City -initiated project. Enclosed are memorandums from Roy A. Bingman, Engineering Services Director, and Don Parsons, City Engineer, with regard to this project. The total cost of the project is estimated at $250,702.34. The estimated City cost is $187,960.26. The majority of the City cost will be covered by the use of Federal/State Urban Systems money. This will require that the project be bid by the State. We are working with Woodward Governor to install the curb and gutter, sidewalk and street improvements on the north of their side of the property by private agreement. The concrete work will go out for bid in the near future. The street base and final bituminous mat will all be put in at one time. There is also a possibility that the property owners of the former Vance Farm might want to petition into this district. The City is the abutting property owner for the corner of Drake and Lemay. It would be better if we could finish this entire project at one time; however, in order to proceed we had to exclude the property owners of the Vance Farm. Recommendation: The Administration recommends that the Council take the fol ing action: (1) adopt the Resolution accepting the recommendations of the Director of Engineering Services to initiate the District; (2) receive the report from Don Parsons, City Engineer, and make any inquiries the Council may have regarding the proposed District; and (3) adopt a second Resolution approving the plans and specifications and other details as set forth in the report from the City Engineer and establish a public hearing on June 7, 1977, at 5:30 p.m." City Manager Brunton stated there would be some changes in both resolutions because the First Christian Church has requested that they be included in the district; further the City, as owners of the fire station site would be included. Following is the revised report of the City Engineer regarding the details of the District: 96 61 The City Administration is recommending that the following streets. be in- cluded in Street Improvement District No. 72, as provided for in Chapter 16 of the Code of Ordinances: 1. North side of Drake Road fran Stover Street to the East edge of Cottonwood subdivision 2. South side of Drake Road from the East edge of Scotch Pines 6th Filing to Lemay Avenue 3. West side of Lemay Avenue from 150 feet South of Holtz Drive to Drake Road 4. East side of Lamy Avenue from the West quarter corner of Section 30, Township 7 North, Mange 68 West of the 6th P.M., to 1313 feet South of said quarter corner. 5. East side of Lemay Avenue frorn the North right-of-way line o Drake Road, south to a'point 1596.64 feet north of the west quarter corner of Section 30, Township 7 North, Range 68 West of the 6th P.M. All of the assessable frontage in this district is the responsibility of three organizations. All three of these organizations have indicated an interest in initiating this district and are willing to dedicate the required right-of- way and sign agreements waiving the limitation on assessed valuation. A portion of the East Drake Road Storm Sewer is included in this project to eliminate cutting the pavement in the near future. Preliminary design calls for a 60-inch reinforced concrete pipe along the South side of Drake Road. The cost of this construction is being designated as City cost so that it can be assessed to the contributing area when the storm sewer district is formed. The construction costs for the streets including the cost of street lighting for this project are as follows: Drake Street from Stover to Laney Estimated construction cost: $250,702.34 Estimated City cast: $187,960.26 Oost per front foot: $ 25.13 Oust per front foot (including 178): $ 29.41 97 Lamy from Boltz.to Drake Estimated construction cost: .-•-;------ $328,155.11 Estimated City cost: .-�^-^,=^ 05 $164,687.79 Cost per front foot: $ 28.72 Cost per front foot (including 178): $ 33.60 The city's contribution to the cost is based on the following: 1. Pavement, base and groing in excess of a local street width and depth 2. Sturm sewer constructiop 3. one-half of the paving costs at intersections 4. City owned frontage, Street Improvement District No. 72 has been approved for Urban Systems funding by the State Highway Departimnt for a total of $190,000.00. That portion of the construction adjacent to Woodward Governor will be constructed under the same contract but will not be included in the improvement district. Woodward Governor will pay the City directly for these improvements under a prior agreement. In order to proceed with the inprovement district, it is necessary for the City Council to adopt the plans, specifications and cost estimates for the district, and publish notice of the district. It is also necessary to provide for the administrative expense of process- ing the district. The following are reocauended percentages of the total cost to cover each portion of the expense: Engineering 6% Legal & Publication 2% Interest During Construction 48 Collection & Certification to the County 58 TOTAL 17% In addition, the Council must set forth the period over which the cost of the improvements may be paid and the rate of interest which will be earned with the installments. It. is reoonxRerded that these be ten years and eight percent. 98 City Clerk Verna Lewis read the resolution by title. Councilman Bowling made a motion, seconded by Councilman Wilkinson to amend the resolution on page 2 by adding the following section: "E. The East 1/2 of Lemay Avenue from Drake Road south to a point 1596.64 feet north of the west quarter corner of Section 30, Township 7 North, Range 68 West of the 6th P.M." Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. (Mayor Bloom out of room.) Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt the resolution as amended. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. (Mayor Bloom out of room.) RESOLUTION' 77-30 OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPTING A RECOMMENDATION FROM THE DIRECTOR OF ENGINEERING SERVICES EX OFFICIO THE DIRECTOR OF PUBLIC WORKS REGARDING THE INITIATION OF A SPECIAL IMPROVEMENT DISTRICT, STATING THE NEED FOR, THE NATURE OF, AND THE LOCATION OF THE IMPROVEMENTS TO BE MADE, DESCRIBING THE AREA TO BE ASSESSED FOR THE SAKE, AND DIRECTING THE CITY ENGINEER TO PREPARE AND PRESONT TO THE CITY COUNCIL THE NECESSARY INFORMATION FOR THE FORMATION OF SAID DISTRICT WHEREAS, the Director of Engineering Services ex officio the Director of Public Works has recommended to the City Council that a special improvement district be created for the purpose of installing certain public improvements in the City; and WHEREAS, the City Council has received such recommenda- tion and desires to cont;nue with the formation of such special improvement district. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the recommendation of the Director of Engineering Services ex officio the Director of Public Works is hereby received an$ accepted. 99 1 Section 2. That the improvements to be constructed are the following: The installation of concrete curb, gutter and sidewalk, asphalt pavement, street lighting and storm drainage facilities on streets in the district, and that such improvement is needed in order to facilitate thd'use of said street, increase the safety for persons using said street, decrease the regyired maintenance on said street, and provide better lighting on such street. Section 3. The location of the improvements to be made is as follows: A. The North �/2 of Drake Road from Stover Street east to the east boundary of the Cottonwood Subdivision. B. The South 1/2 of Drake Road from the East boundary of Scotch Pines subdivision, Sixth Filing, east to Lemay Avenue. C. The West 1/2 of Lemay Avenue from a point 150 feet South of the South line of the right-of-way of Boltz Drive north to Drake Road. D. The East 1/2 of Lemay Avenue from the West 1/4 corner of Section 30, Township 7 North, Range 68 West of the 6th P.M. south to a point 1,313 .feet south of such West 1/4 corner. E. The East 1/2 of Lemay Avenue from Drake Road south to a point 1596.64 feet north of the west quarter corner of Section 30, Township 7 North, Range 68 West of the 6th P.M. Section 4. The City Engineer is hereby directed to prepare and present to the Council the following: A. Preliminary plans and specifications of the improvements proposed. B. An estimate of the total cost of such improve- ments, including the Cost of constructing the same, engineering, legal and advertising casts, interest during construction and until assessments are made by ordinance against the properties benefited, an4 other incidental costs. C. A map of the district to be assessed for the cost of the improvements:',` 9 100 Section 5. The City Council hereby finds and determines that the improvements proposed to be installed on all of the locations designated under Section 3 above are substantially the same, and such improvements are to be consolidated into one improvement district to be known as Consolidated Street Improvement District No. 72, but each separate location as designated in Section 3 Above shall be considered as a separate area for the purpose of remonstrance and assessment. Passed and adopted 4t a regular meeting of the City Council held this 3rd day of May, 1977. ATTEST• POP City erk Vice Mayor Suinn acknowledged the receipt of the revised report of the City Engineer. City Clerk Verna Lewis read the resolution by title. Councilman Wilkinson made a motion, seconded by Councilman Bowling to amend the resolution on the first page by substituting in the last line the word "paving" for "painting", by changing the costs of improvements to Lemay Avenue, on page 2 from $131,512.85 to $164,687.79 and by adding to Section 3; part "E" to the notice on page 2, and by changing the cost of the improvements to Lemay Avenue on part "B" by substituting the figures $328,155.11 for the figures $278,542.99. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. (Mayor Bloom out of room.) Councilwoman Gray made a motion, seconded by to adopt the resolution as amended. Yeas: Gray, Russell St. Croix, Suinn and Wilkinson (Mayor Bloom out of room.) Councilman Wilkinson Councilmembers Bowling, . Nays: None. 1 4 101 j RESOLUTION 77-31 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE REPORT OF THE CITY ENGINEER ON THE ESTIMATES, COSTS AND ASSESSMENTS FOR CONSOLIDATED STREET IMPROVEMENT DISTRICT NO. 72, APPROVING THE DETAILS AND SPECIFICATIONS FOR SUCH PROPOSED DISTRICT, DETERMINING THE AMOUNT OR PROPORTION OF THE TOTAL COST TO BE PAID BY A METHOD OTHER THAN ASSESSMENTS AGAINST PROPERTY IN THE DISTRICT, THE NUMBER OF INSTALLMENTS AND THE TIME WITHIN WHICH THE COST OF THE IMPROVEMENTS ASSESSED AGAINST PROPERTY IN THE DISTRICT WILL BE PAYABLE, THE RATE OF INTEREST TO BE CHARGED ON UNPAID INSTALLMENTS, THE PROPERTY TO BE ASSESSED FOR THE IMPROVEMENTS, THE METHOD OF MAKING SUCH ASSESSMENTS, AND THE DATE WHEN THE COUNCIL WILL HOLD A HEARING AND CONSIDER THE ORDERING BY ORDINANCE OF THE PROPOSED IMPROVEMENTS WHEREAS, heretofore the City Council by resolution directed the City Engineer to make a complete survey of proposed Consolidated Street Improvement District No. 72, including the preparation of a map, plans and specifications, and estimate of cost of the improvements in said proposed district; and WHEREAS, the City Engineer has made his report and has presented the details ant specifications for the proposed district. NOW, THEREFORE, BE FT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the report, plans, specifications, map and estimate as presented by the City Engineer for said district be and the same hereby are accepted and approved. Section 2. The following amount or proportion of the total cost of such improvements shall,be paid by the City at large and not by assessments against property in the district, to -wit: All costs relating to installation of asphalt street pavement representing the cost of improving the street to a width greater than a residential street (40 feet) and all such costs relating to improvement of .such street to arterial street specifications and requirements as opposed to normal residential street specifications; all costs relating to storm sewer construction, one-half of the cost of paving intersootions, and the City's share of any 102 costs on account of City ownership of property adjoining the streets improved. The amount of such City cost shall not exceed the following: A. Improvementp to Drake Road: $187,960.26. B. Improvementp to Lemay Avenue: $164,687.79 Section 3. The property to be assessed for the improve- ments shall be as follows': Those properties abutting upon the streets to be improved in the district, to -wit: A. The North 1/2 of Drake Road from Stover Street east to the east boundary of the Cottonwood Subdivision. B. The South 1/2 of Drake Road .from the east boundary .of Scotch Pines Pubdivision, Sixth Filing, east to Lemay Avenue. C. The West 1/2 of Lemay Avenue from a point 150 feet south of the south line of the right-of-way of Boltz Drive north to Drake Road. D. The East 1/2 of Lemay Avenue from the West 1/4 corner of Section 30, Township 7 North, Range 68 West of the West 1/4 6th P.M. south to a point 1,313 feet south of such corner. E. The East 1/2 of Lemay Avenue from Drake Road south to a point 1596.64 feet north of the west quarter corner of Section 30, Township 7 North, Range 68 West of the 6th P.M. Section 4. Assessments for.the cost of installing the improvements in the district will be made as follows: Upon all the lots and lands abutting on the streets improved in proportion as the frontage of each lot or tract of land is lands improved, with each to the frontage of all lots and so street specifically itemieed in Section 3 above to be considered a separate unit for purposes of assessments. Section 5. Said assessments shall be payable in ten (10) equal annual installments, with interest on the unpaid installments at the rate of eight percent (87) per annum. Section 6. That on the 7th day of June, 1977, at the hour of 5:30 o'clock P.M „ or as soon thereafter as the matter may come on for hearing, in the Council Chambers of the City Hall, City of Fqrt Collins, is the date on which the Council of the City qi Fort Collins will consider the ordering by ordinance of the proposed improvements and hear all complaints and objections that may be made and filed in writing concerning the proposed improvements by the owners of any real estate to be Rssessed or any persons interested generally. 103 r Section 7. The City Clerk be and she hereby is directed to give notice by publipation and mailing to the owners of. property to be assessed apd to all interested persons generally, all as set forth in Chaptpr 16 of the Code of the City of Fort Collins. Passed and adopted 4t a regular meeting of the City Council held this 3rd day`of May, 1977. 45. / .... ATTEST City Clerk Ordinance Adopted on First Reading.Relating to Specific Maximum Densities in Planned Residential Districts Following is the City Manager's memorandum on this item: "Enclosed is a memo from Les Kaplan, Planning Director, with regard to specific maximum densities and planned residential zoning districts. We have the maximum density provision in our conventional zoning but do not have it in all cases in the P.U.D. In order to clarify the situation and make this situation comfortable, the staff recommends that we pass an ordinance to provide for maximum density in all P.U.D. zones. The maximum densities are as follows: R-L-P, Low Denisty Planned Residential District - 6 units/acre R-P, Planned Residential District - 12 units/acre R-M-P, Medium Density Planned Residential District - 20 units/ acre This matter has been discussed with the Planning and Zoning Board at their last meeting." Councilman Suinn made a motion, seconded by Councilman St. Croix to adopt Ordinance No. 45, 1977 on first reading. Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. 104 Ordinance Tabled on First Reading Amending the Zoning Ordinance and Defining and Classifying Restaurants for Zoning Purposes City Manager Brunton stated the recommendation of the administra- tion is that this item be tabled for two weeks at the request of the restaurant owners. Councilman Suinn made a motion, seconded by Councilman Wilkinson to table Ordinance No. 48, 1977 on first reading to May 17, 1977. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. Ordinance Adopted on First Reading Relating to Immobilization of Vehicles Following is the City Manager's memorandum on this item: "Our Police Department has been using a "boot" to immobilize cars with excessive amounts of tickets. The use of this device has been infrequent. However, several corporations within the city have received and ignored parking tickets; and since it is a corporation, a warrant cannot be issued. Both our Police Department and Judge Tobin suggests that a wheel boot be used in such cases. The ordinance allowing this action was passed in 1973 Recently we discovered that it is possible to remove the boot in some circumstances. This Ordinance would prohibit the removal of the boot from the car and make it a separate offense." Councilman Suinn made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 49, 1977 on first reading. Yeas: Council - members Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. Other Business City Manager Brunton stated there is a bid for trees for the downtown redevelopment. The low bidder is Kroh Nursery at $880.00. Councilman Suinn made a motion, seconded by Councilwoman Gray to award the low bidder. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. 105 1 Adjournment Mayor Bloom declared the meeting adjourned at 10:15 p.m. ATTEST: City Clerk 9 106