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HomeMy WebLinkAboutMINUTES-05/17/1977-RegularIt • 11 L May 17, 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 17, 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, Russell, St. Croix, and Suinn. (Secretary's Note: Wilkinson was present later in the meeting). Staff Members Present: Brunton, Deibel, Krempel, Kaplan, Lewis, Liley, and Waldo. Also: City Attorney Arthur March, Jr. Minutes of the Regular Meeting of April 19, 1977, the Adjourned Meeting of April 26, 1977, and the Adjourned Meeting of May 3, 1977, Approved as Published Councilman Suinn made a motion, seconded by Councilman St. Croix to approve the minutes of the Regular meeting of April 19, 1977, the Adjourned meeting of April 26, 1977, and the Adjourned meeting of May 3, 1977, as published. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix and Suinn. Nays: None. Ordinance Adopted on Second Reading Amending the Zoning Ordinance with Regard to Regulating Certain Adult Uses Following is the City Manager's memorandum on this item: "At the May 3, 1977, meeting the City Council adopted Ordinance No. 43, 1977, on first reading. The original ordinance pro- vided that various adult uses would be allowed only in the C, Commercial District Zone. The Council decided that the Commercial Zone was inappropriate for this type of use. Ordinance No. 43, 1977, provides for the various adult uses in H-B, Highway Business District Zone only." -107- Councilman Suinn made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 43, 1977, on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. ORDINANCE NO. _yam, 1977 BEING AN ORDINANCE AMENDING SECTION 118-62 OF THE CODE OF THE CITY OF FORT COLLINS BEING A PART OF THE ZONING ORDINANCE AND PROVIDING FOR CERTAIN ADULT USES IN THE H-B, HIGHWAY BUSINESS ZONING DISTRICT. WHEREAS, the City Council hereby finds and determines that the establishment of more than one use of certain types of businesses herein regulated within 1,000 feet of each other tends to have a deleterious effect on the surrounding residential and business areas and that allowing such businesses within close proximity tends to create a "Skid Row" atmosphere; and WHEREAS, the establishment of certain businesses in business districts, which are immediately adjacent to and which serve residential neighborhoods tends to have a deleterious effect on both the business and the residential segments of the neighborhood, causing blight and downgrading the property value; and WHEREAS, concern for, and pride in, the orderly planning and development of a neighborhood should be encouraged and fostered; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 118-62 A of the Code of the City of Fort Collins be amended and the same hereby is, to read as follows: "(11) Book Store, Adult; (12) Eating place with adult amusement or entertainment; (13) Photo Studio, Adult; (14) Theater, Adult; (15) Any use intended to provide adult amusement or entertainment; (16) Accessory buildings and uses." Section 2. That Section 118-62 of the Code of the City of Fort Collins be and the same hereby is, amended by adding additional sections G, H, and I thereto at the end thereof to read as follows: "G. Uses (11) through (15) inclusive shall not be established, operated or maintained within five hundred (500) feet of a residential district, a church and/or a school meeting all requirements of the compulsory education laws of the State of Colorado. P 1 m 1 H. Uses (11) through (15) inclusive shall not be established, operated or maintained within one thousand (1,000) feet of each other. I. Definitions. For the purposes of Section 118-62, the following terms shall have the meanings indicated: (1) Adult Amusement or Entertainment. Amusement or entertainment which is distinguished or characterized by an emphasis on material depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas" or which features topless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment. (2) Book Store, Adult. An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals and goods and items held for sale which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas", or an establishment with a segment or sections devoted to the sale or display of such material, (3) Photo Studio, Adult. An establishment which, upon payment of a fee, provides photographic equipment and/or models for the purpose of photographing "Specified Anatomical Areas". (4) Specified Anatomical Areas. Less than completely and opaquely covered; (a) human genitals, pubic region; (b) buttock;and (c) female breasts below a point above the top of the areola; (d) human male genitals in a discernibly turgid state, even if completely and opaquely covered. (5) Specified Sexual Activities. (a) Human genitals in a state of sexual stimulation; (b) Acts of human masturbation, sexual intercourse or sodomy; (c) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast. (6) Theater, Adult. A theater used for the presentation of material distinguished or characterized by an emphasis on material depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas" for observation by patrons therein." -109- Introduced, considered favorably on first reading, and ordered published this 3rd day of may , A.D. 1977, and to be presented for final passage on the 17th day of may , A.D. 1977. ATTEST: VyCT r Passed and adopted on final reading this 17th day of May , A-D. 1971. ATTEST y er First Reading: May 3, 1977 (Vote: Yeas Second Reading: May 17, 1977 (Vote: Yeas Dates Published: May 8, 1977 and May 22, 1977 Attest: City Clerk 7, Nays: 0) 7, Nays: 0) Ordinance Adopted on Second Reading Relating to Specific Maximum Densities in Planned Residential Districts Following is the City Manager's memorandum on this item: "Ordinance No. 45, 1977, was adopted on first reading at the May 3, 1977, City Council meeting. This ordinance clarifies the specific maximum densities in planned, residential zoning districts. The maximum densities in all PUD's is consistent with those in the various conventional residential districts. the maximum densities are as follows: 1 It -110- R-L-P, Low Density Planned Residential District - 6 units per acre. R-P, Planned Residential District - 12 units per acre. R-M-P, Medium Density Planned Residential District - 20 units per acre." Councilman Suinn made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 45, 1977, on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None ORDINANCE NO. 45 , 1977 BEING AN ORDINANCE AMEND N� G SECTIONS 118-41.1, 118-45 AND 118-46 AND 118-83B(2) OF THE CODE OF THE CITY OF FORT COLLINS BEING A PART OF THE ZONING ORDINANCE AND SPECIFYING THE MAXIMUM DENSITIES ALLOWABLE IN THE R-L-P, LOW DENSITY PLANNED RESIDENTIAL DISTRICT, R-P, PLANNED RESIDENTIAL DISTRICT, AND THE R-M-P, MEDIUM DENSITY PLANNED RESIDENTIAL DISTRICT. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 118-41.1 A (2) of the Code of the City of Fort Collins be and the same hereby is, amended by deleting therefrom the phrase, "with a maximum density of six (6) units per gross acre for residential uses." Section 2. That Section 118-41.1 of the Code of the City of Fort Collins be and the same hereby is, amended by adding an additional subsection D thereto, said subsection to read as follows: "D. Maximum density. For all permitted dwelling units, the maximum density shall be six (6) units per gross acre." Section 3. That Section 118-45 of the Code of the City of Fort Collins be and the same hereby is, amended by adding an additional subsection D thereto, said subsection to read as follows: "D. Maximum density. For all permitted uses, the maximum density shall be twelve (12) dwelling units per gross acre." Section 4. That Section 118-46 of the Code of the City of Fort Collins be and the same hereby is, amended by adding an additional subsection D thereto, said subsection to read as follows: "D. Maximum density. For all permitted uses, the maximum density shall be twenty (20) dwelling units per gross acre." -111- Section 5. That Section 118-83 B (2) of the Code of the City of Fort Collins be and the same hereby is, amended to read as follows: 11(2) Residential unit developments in the R-L-P, Low Density Planned Residential District, the R-P, Planned Residential District, and the R-M-P, Medium Density Planned Residential District, may have maximum densities not to exceed six CO, twelve (12) and twenty (20) dwelling units per acre, respectively. The lot area for residential unit developments in the R-P, Planned Residential District shall be at least three (3) times the total floor area of residential development. The maximum overall density of residential unit developments in all other residential zones shall be based upon the minimum area of lot requirements set forth for the applicable zoning district. The Planning and Zoning Board and the City Council shall have the right to establish general design standards which shall apply to any unit development plan based upon such factors as height, proposed housing type, unique features of the site and the surrounding neighborhood. The maximum density in any district shall not be allowed as a matter of course, and the actual density for any unit development shall be as determined in the unit development plan finally approved in accordance with the purposes and requirements of this section." Introduced, considered favorably on first reading and ordered published this 3rd day of may , A.D. 1977, and Dtolbbe presented for final passage on the 17th day of may 977. Mayor ATTEST: City C erk Passed and adopted on final A.D. 1977. reading this 17th day of May, Mayor ATTEST: tyCerc 1 41 I -112- r-, r� First Reading: Second Reading: Dates Published Attest: City Clerk May 3, 1977 May 17, 1977 May 8, 1977 and May (Vote: Yeas: 7, Nays: 0) (Vote: Yeas: 7, Nays: 0) 22, 1977 Ordinance Adopted on Second Reading Relating to Immobilization of Vehicles Following is.the City Manager's memorandum on this item: "At the May 3, 1977, meeting the City Council adopted Ordinance No. 49, 1977, on first reading. This ordinance prohibits removal of the immobilization "boot" from cars and makes this a separate offense. Our Police Department has been using the boot to immobilize cars with excessive amounts of tickets. However, the use of this device has been infrequent. Several corporations within the city have received and ignored parking tickets; and since they are corporations, a warrant cannot be issued." Councilman Russell made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 49, 1977 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. ORDINANCE NO, 49 , 1977 BEING AN ORDINANCE AMENN NG SECTION 114-185 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO IMMOBILIZATION OF VEHICLES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Section 114-185 of the Code of The City of Fort Collins be, and the same is hereby, amended by adding thereto an additional subpart D, as follows: "D. No vehicle which has been immobilized pursuant to this Section shall be moved by any person without first obtaining a release from such immobilization from the Police Department, nor shall any person deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any immobilization device attached to a vehicle, pursuant to this Section, or remove or attempt to remove said device from such vehicle. -113- Introduced, considered favorably on first reading, and ordered published this 3�r�aa day of �a�, A.D. 1977, and to be presented for=anal passage bn the 17th day of Mao _ A.D. 1977 VA 5 r ATTEST: ity Clerk Passed and adopted on final reading this 17th day of May A.D. 1977. 4 yo A ST: ty T It r--IK- Firstt Reading: May 3, 1977 (Vote: Yeas: 7, Nays: 0) Second Reading: May 17, 1977 (Vote: Yeas: 7, Nays: 0) Dates Published: May 8, 1977 and May 22, 1977 Attest: City Clerk Ordinance Adopted on Second Reading Relating to the Qualifications of Plumbers Following is the City Manager's memorandum on this item: "Ordinance No. 50, 1977, was adopted on first reading at the May 3, 1977, City Council meeting,. This Ordinance was prepared in connection with the study and review of the contractors' licensing and occupation taxes. Although the State law revision has not yet extended to the plumbing field, it is likely that this will be done in the near future. Therefore, provisions relating to plumbers have been changed to correspond with the changes made in the electricians' area." Councilman St. Croix made a motion, seconded by Councilman Suinn to adopt Ordinance No. 50, 1977 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. 1 It a -114- I ORDINANCE NO. 50 , 1977 BEING AN ORDINANCE AMENDING SECTION 86-5 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO QUALIFICATIONS OF PLUMBERS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 86-5 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "§ 86-5. Qualification of plumbers. "A. Definitions of plumbers and contractors. As used in this chapter, the terms journeyman plumber, master plumber and plumber's apprentice shall have the meanings given to them by the state law providing for the licensing of plumbers. "B. General provisions, licensing and registration. "(1) No person shall engage in the trade, business or calling of a plumber or plumbing in the City until he shall register with the Building Inspection Department of the City as a plumber. All registrations shall expire on the 31st day December of each year. It shall be unlawful for any plumber to engage in plumbing construction work without being currently registered as required herein, and it shall further be unlawful for any person to employ any plumber in connection with plumbing construction work in the City who is not so registered. "(2) Any person desiring to register as a plumber in the City shall pay the registration fee hereinafter 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 (in the case of master or journeyman plumbers) a current state license issued by the State Examining Board of Plumbers, the Building Inspector shall register the applicant as a plumber authorized to engage in plumbing contracting work in the City. "(3) The registration fee to be paid in order to register as a plumber in the City shall be ten dollars ($10.) in the case of master or journeyman plumbers, and five dollars ($5.) for an apprentice. -115- "(4) Registration 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. "(5) No person registered as an apprentice plumber shall do any work upon any job in the City unless such work is performed under the immediate personal supervision of a registered master or journeyman plumber. "C. Plumbing contractors. "(1) For the purpose of this section, plumbing 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 additions, alterations and repairs to potable water supply and distribution pipes and piping, plumbing fixtures, drainage and vent pipes, and building drains including their respective joints and connections, devices, receptables and appurtenances. A registered professional engineer who plans or designs plumbing installation shall not be classed as a plumbing contractor. "(2) No person shall engage in the business of a plumbing contractor in the City without registering as a plumbing contractor with the Building Inspection Department of the City. (Registration as a mechanical contractor includes plumbing contractor qualifications and shall be accepted in lieu of registration as a plumbing contractor.) In order to register as a plumbing contractor, the person desiring to engage in such business must do the following: "a. Be licensed as a master plumber by the State Examining Board of Plumbers and registered as a plumber in the City or have an employee so licensed and registered. The registration as a plumbing contractor shall be valid only so long as the person registered is so licensed and registered or employs a person so licensed and registered. "b. File with the Building Inspection Department a good and sufficient corporate surety bond,in the penal sum of five thousand dollars ($5,000.) conditioned that all plumbing work installed by said plumbing contractor or his employees shall be in accordance with the require- ments of the ordinances of the City of Fort Collins. 1 -116- "c. Submit to the Building Inspector a list of all employees working for the plumbing contractor. At least monthly after registration as a plumbing 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 plumbers. "D. Building and Contractors' Licensing Board duties and responsibilities. "(1) The Building and Contractors' Licensing Board established by Chapter 73 of this Code shall conduct hearings for suspension or revocation of a plumber's registration as provided in subsection H hereof. "(2) The Building and Contractors' Licensing Board may on its own motion or if requested by the applicant shall augment its membership by not more than two (2) additional registered plumbers to conduct any hearing involving suspension or revocation of a plumber's registration. "E. Suspension or revocation of registration. "(1) Any plumbing contractor registered hereunder shall be responsible for all work included in his contract, whether or not such work is done by him directly or by a subcontractor. He shall be responsible for all funds or property received by him for prosecution or completion of a specific contract or for a specific purpose. All plumbers registered hereunder shall be responsible for work performed by them that such work complies with the requirements of the ordinances of the City of Fort Collins and the job on which they are working. The Chief Building Inspector may, upon his motion, and shall, upon the verified complaint in writing of any person, convene the Building and Contractors' Licensing Board for the purpose of holding a hearing to determine whether or not any registration should be revoked or suspended. The person whose registration is in question shall be given notice in writing of the meeting of the Board, such notice to be served upon him by registered mail, postage prepaid and mailed to his last known post office address at least five (5) days' in advance of the time of such meeting. Such notice shall state the time and place of the meeting and shall advise at whose instance the complaint was made and the specific charges relied upon for suspension or revocation of registration. The Building and Contractors' Licensing Board shall have the power to suspend or revoke any registration if the holder thereof commits any one or more of the following acts or omissions: -117- "a. Willful and deliberate disregard and violation of the Plumbing Code of the City of Fort Collins or failure to comply with any of the building or zoning ordinances or health and safety ordinances or any lawful order of the Building Inspector. "b. Misrepresentation of a material fact by a plumber in registering. "c. Fraudulent use of a license or registration to obtain permits for another, or lending of a license or registration for any purpose. "d. Failure to obtain a permit for any work as required by this Code. "e. Display of incompetency or lack of knowledge in matters relevant to the subject of plumbing. "f. Adjudication of insanity or incom- petency by any competent authority. "(2) If any registration is revoked hereunder,. the person registered shall not be'reregistered under this chapter for at least twelve (12) months after the date of revocation. In suspending any registration hereunder, the Building and Contractors' Licensing Board shall state the period of suspension." Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance or 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 every part, section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases may be declared invalid. Introduced, considered favorably on first reading and ordered published this 3rd day of May, A.D. 1977, and to be presented for final passage on the 17th day of May, A.D. 1977. ATTEST - City Clerk . AF V r /.- _ .I_ 14. 1 41 1 -118- Passed and adopted on final reading May, A.D. 1977. irr A EST: Mayor y(Clerk First Reading: Second Reading: Dates Published Attest: City Clerk May 3, 1977 May 17, 1977 May 8, 1977 s 17th day of (Vote: Yeas: (Vote: Yeas: and May 22, 1977 Nays: 0) Nays: 0) Ordinance Adopted on Second Reading Imposing an Occupation Tax on Plumbing or Mechanical Contractors Following is the City Manager's memorandum on this item: "At the May 3, 1977, meeting the City Council adopted Ordinance No. 51, 1977, on first reading. The change in the occupation tax for plumbing contractors is part of the overall review of the entire evaluation of the various construction professions. The occupation tax recommended by the Building and Contractors Licensing Board and incorporated into this Ordinance is $125." Councilman Suinn made a motion, seconded by Councilman St. Croix to adopt Ordinance No. 51, 1977, on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. ORDINANCE NO. 51, 1977 BEING AN ORDINANCE CONCERNING REVENUE AND IMPOSING A BUSINESS AND OCCUPATION TAX ON PERSONS CONDUCTING THE BUSINESS OF A PLUMBING CONTRACTOR OR MECHANICAL 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 a plumbing contractor or mechanical contractor in the City of Fort Collins a tax on the privilege of engaging in such business. -119- The amount of such tax shall be $125.00 for the portion of 1977 remaining after the effective date of this ordinance and $125.00 annually for each subsequent year. If any person has previously been licensed as a plumber in the City in the year 1977.and paid a license fee in excess of $10.00, such excess amount of license fee shall be a credit on the occupation tax to be paid for the year 1977. 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. 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. There shall be no proration of the tax imposed hereby for any partial year and the full amount of tax shall be due regardless of the date any person engages in the business of plumbing contracting or mechanical contracting in the City. Section S. Effective Date. This ordinance shall take effect on the 1st 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 3rd day of May, A.D. 1977, and to be presented for final passage on the 17th day of May, A.D. 1977. A Zy LlerAkla— Passed and adopted on final reading this 17th day of May, A.D. 1977. ATTEST: C tyCer Of -9 -120- First Reading: May 3, 1977 (Vote: Yeas: 1, Nays: 01 Second Reading: May 17, 1977 (Vote: Yeas: 7, Nays: 0) Dates Published: May 8, 1977 and May 22, 1977 Attest: -- - • e k �-l�iti�/=—�• Ordinance Adopted on Second Reading Imposing a Business and Occupation Tax on Heating and Air -Conditioning, Contractors Following is the City Manager's memorandum on this item: "Ordinance No. 52, 1977, was adopted on first reading at the May 3, 1977, City Council meeting. In connection with our recent review of our occupation taxes and permits on the various construction professions, we found there was a need to have an occupation tax on heating and air-conditioning contractors. Ordinance No. 52, 1977, provides for an annual occupation tax of $125." Councilman St. Croix made a motion, seconded by Councilman Suinn to adopt Ordinance No. 52, 1977, on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. ORDINANCE NO. 52, 1977 BEING AN ORDINANCE CONCERNING REVENUE AND IMPOSING A BUSINESS AND OCCUPATION TAX ON PERSONS CONDUCTING THE BUSINESS OF A HEATING AND AIR CONDITIONING CONTRACTOR BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. Heating and Air Conditioning Contractor Defined. For the purpose -of this ordinance, a heating and air conditioning contractor means any person, firm, partner- ship, corporation, association or combination thereof who undertakes or offers to undertake for another the planning, laying out, supervising, installing or making of additions, alterations and repairs to air conditioning, warm air heating, air cooling and ventilating systems for building structures. A registered professional engineer who plans or designs heating and air conditioning installations shall not be classed as a heating and air conditioning contractor. -121- Section 2. Levy of Tax. There is hereby levied against any person engaged in the business of being a heating and air conditioning contractor in the City of Fort Collins a tax on the privilege of engaging in such business. The amount of such tax shall be $125.00 for the portion of 1977 remaining after the effective date of this ordinance and $125.00 annually for each subsequent year. If any person has previously been licensed as a heating and air conditioning contractor in the City in the year 1977 and paid a license fee in excess of $10.00, such excess amount of license fee shall be a credit on the occupation tax to be paid for the year 1977. Section 3. Payment of Tax. The tax levied by this ordinance shall be due on the lst day of January of each year except 1977. The tax for the year 1977 shall be due upon the effective date of this ordinance. Section 4. 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 5. Proration. There shall be no proration of the tax imposed hereby for any partial year and the full amount of tax shall be due regardless of the date any person engages in the business of heating and air conditioning contracting in the City. Section 6. Effective Date. This ordinance shall take effect on the lst 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 3rd day of May, A.D. 1977, and to be presented for final passage on the 17th day of May, A.D. 1977. J ATTES Mayor City Clerk -122- r �I 1 Passed and adopted on final reading this 17th day of May, A.D. 1977. ATTEST• City Clerk First Reading: May 3, 1977 (Vote: Yeas: 7, Nays: 0) Second Reading: May 17, 1977 (Vote: Yeas: 7, Nays: 0) Dates Published: May 8, 1977 and May 22, 1977 Attest: a City Clerk Ordinance Adopted on Second Reading Relating to the Classes of Licenses and Fees for Building Contractors Following is the City Manager's memorandum on this item "At the May 3, 1977, meeting the City Council adopted Ordinance No. 53, 1977, on first reading. The building contractors' licenses are not based on a calendar year. Therefore, the following amendment to the ordinance was necessary: "This Ordinance shall be effective 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." The various fees were changed as follows: 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." -123- Councilwoman Gray made a motion, seconded by Councilman Bowling to adopt Ordinance No. 53, 1977, on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. ORDINANCE NO. 53 , 1977 BEING AN ORDINANCE AMENDING SECTION 73-122 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO CLASSES OF LICENSES AND FEES FOR BUILDING CONTRACTORS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 73-122A of the Code of the City of Fort Collins be, and the same hereby is, amended by changing the second sentence thereof to read as follows: "The annual license fee shall be two hundred twenty- five dollars ($225.)." Section 2. That Section 73-122B of the Code of the City of Fort Collins be, and the same hereby is, amended by changing the last sentence thereof to read as follows: "The annual license fee shall be one hundred seventy five dollars ($175.)." Section 3. That Section 72-122C of the Code of the City of Fort Collins be, and the same hereby is, amended by changing the third sentence thereof to read as follows: "The annual license fee shall be seventy dollars ($70.)." Section 4. That Section 73-122D of the Code of the City of Fort Collins be, and the same hereby is, amended by changing the last sentence thereof to read as follows: "The annual license fee shall be thirty dollars ($30.)." Section 5. That Section 73-122 of the Code of the City of Fort Collins be, and the same hereby is, amended by adding thereto an additional subsection F as follows: "F. Mechanical contractor's license. This license shall entitled the holder thereof to contract for the installation of heating, ventilating, cooling and refrigeration systems regulated by the Uniform Mechanical Code adopted by Chapter 73 of the Code of the City of Fort Collins and to perform sheet metal work, gas fitting work and plumbing work regulated by the Uniform 1 1 -124- 1 Plumbing Code adopted by Chapter 86 of the Code of the City of Fort Collins. Any person desiring to obtain this license shall meet all requirements to register as a plumbing contractor and, in addition, the Building Inspection must determine that such person is competent to be licensed as a master sheet metal worker and a master gas fitter. The annual license fee for this license shall be fifty dollars ($50.) which shall be payable in lieu of the license fee for heating and air conditioning contractors and gas fitters. Any occupa- tional tax imposed by the ordinances of the City of Fort Collins shall be payable in addition to such license fee. The bond required for plumbing contractors shall be required for this license, but that bond shall satisfy any bonds required for work as a gas fitter or heating and air conditioning contractor." Section 6. 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 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 contractor, and the license fee shall be prorated, based upon the term of the license. Introduced, considered favorably on first reading, and ordered published this 3rd day of May, A.D. 1977, and to be presented for final passage on the 17th day of May, A.D. 1977. /I „ A mayor/ ATTEST: i Passed and adopted on final reading this 17th day of May, -125- First Reading: May 3, 1977 (Vote: Yeas: 7, Nays: 0) Second Reading: May 17, 1977 (Vote: Yeas: 7, Nays: 0) Dates Published: May 8, 1977 and May 22, 1977 Attest: Fz- � - �1� � , zz�. City Gierk Ordinance Adopted on Second Reading Relating to Sheet Metal Workers' Licenses and Fees Following is the City Manager's memorandum on this item: "Ordinance No. 54, 1977, was adopted on first reading at the May 3, 1977, City Council meeting. This Ordinance was prepared in connection with our recent review of all of our occupation taxes and permits on various construction professions. We found it necessary to have a license fee for all sheet metal workers. This Ordinance provides such license .fee at the rate of $10 for all master or journeyman sheet metal workers and $3 for all apprentice sheet metal workers." Councilman Wilkinson made a motion, seconded by Councilman Russell to adopt Ordinance No. 54, 1977, on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. ORDINANCE NO. 54, 1977 BEING AN ORDINANCE AMENDING SECTION 62-3 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO SHEET METAL WORKERS'LICENSES AND FEES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Section 62-3 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "§ 62-3. Fees for sheet metal worker's licenses. "Before any master or journeyman sheet metal worker's license shall be granted by the Building Inspection Department, the applicant shall pay to the Director of Finance a license fee of ten dollars ($10.). Before any apprentice sheet metal worker's license shall be granted by the Building Inspection Department, a license fee of three dollars ($3.) shall be paid by the applicant to the Director of Finance. All licenses shall expire on December 31 of each year and the cost of any license shall not be prorated for any portion of a year." L 4 1 -126- Introduced, considered favorably ordered published this 3rd day of May be presented for final passage on the 1977. ATTEST• • City Clerk on first reading, and , A.D. 1977, and to 17th day of May, A.D. Passed and adopted on final reading this .17thday of May, A.D. 1977. ATTEST: May C ty lerk ' First Reading: May 3, 1977 (Vote: Yeas: 7, Nays: 0) Second Reading: May 17, 1977 (Vote: Yeas: 7, Nays: 0) Dates Published: May 8, 1977 and May 22, 1977 Attest: e City Clerk Ordinance Adopted on Second Reading Relating to Licenses for Gas Fitters and Fees Following is the City Manager's memorandum on this item: "At the May 3, 1977, meeting the City Council adopted Ordinance No. 55, 1977, on first reading. This Ordinance was prepared in connection with our recent review of all occupation taxes and permits on various construction professions. We found it necessary to have a license fee for gas fitters. Ordinance No. 55 provides a license fee of $50 for a master's license, $10 for a journeyman's license, and $5 for an apprentice license." Councilwoman Gray made a motion, seconded by Councilman St. Croix to adopt Ordinance No. 55, 1977 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. -127- ORDINANCE NO. 55 , 1977 BEING AN ORDINANCE AMENDING SECTION 56-3 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO LICENSES FOR GAS FITTERS AND FEES THEREFORE il!`!t. - BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That Section 56-3C of the Code of the City of Fort Collins be, and same hereby is, amended to read as follows: "C. No person, firm or corporation shall conduct a trade, business, or calling of a gas fitter in the City of Fort Collins until he has been licensed by the Building Inspector. The Building Inspector shall conduct such testing as he deems necessary to determine whether any person applying for a license is competent therefor. If the Building Inspector determines that the applicant is competent and after payment by the applicant of a license fee of fifty dollars ($50.) in the case of an applicant for a master's license, ten dollars ($10.) in the case of an applicant for a journey- man's license, and five dollars ($5.) in the case of an applicant for an apprentice license, the Building Inspector shall issue a license to the applicant. All licenses shall expire on December 31 of each year and there shall be no proration of license fees for any portion of a year. No apprentice gas fitter shall be allowed to work except under personal supervision of a master or journeyman gas fitter properly licensed hereunder. No master or journeyman gas fitter shall allow his license to be used by any other person directly or indirectly to obtain a gas permit or do gas piping work." Introduced, considered favorably on firs ordered published this 3rd . day of May , A.D. be presented for final passage on the 17th day 1977. ATTESTr_ City Clerk t reading, and 1977, and to of May , A.D. Passed and adopted on final reading this 17thday of May, A.D. 1977. � A /7 n ATTEST: Mayo C tyClerk -128- V a a First Reading: May 3, 1977 (Vote: Yeas: Second Reading: May 17, 1977 (Vote: Yeas: Dates Published: May 8, 1977 and May 22, 1977 Attest: o ity Clerk Application for House Number Painting Permit Approved - Ordinance Referred to City Attorney 7, Nays: 0) 7, Nays: 0) Following is the City Manager's memorandum on this item: "Sections 95-77 through 95-79 of the Code of Ordinances require a Council -authorized permit to paint house numbers on curbs. The enclosed application has been received by the Engineering Department and complies with the requirements of the ordinance and the City specifications." PERMIT TO PAINT HOUSE NUMBERS ON CITY CURBS Organization Amigos de Las Americas work 491-5158 Person in Charge Frank Stermitz Telephone No. 484-6923 Address 909 Garfield, Fort Collins,:CO 80521 Area of City east of College Avenue and south of Elizabeth Disposition of,Proceeds to purchase medication and health supplies. to provide needed health care to South Americans -129- Method of Soliciting door to door solicitationduring the.mon.th of June NUPE: All painting of house numbers on curbs shall be done in accordance with.the standard specifications as follows: Height: minimum 5" number Width: minimum 1/2" stroke Color: Black on White Type: series C type letter Material: Deck paint for concrete surfaces Date. of Council Review May 17, 1977 Council Action Approved Approved Director of Community Development ' City Manager Brunton stated that the administration is recom- mending a smaller area for organization and secondly, is requesting that Council consider amending this ordinance to provide for administration's approval rather than Council approval. Councilwoman Gray made a motion, seconded by Councilman Bowling that Council grant the request and instruct the City Attorney to prepare an ordinance which would allow the administration to make these decisions unless there is an unreasonable conflict. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. Various Deeds and Easements Accented Following is the City Manager's memorandum on this item: "(1) HCI, Inc. - Street Dedication for the extension of Edin- burgh Street south of Scotch Pines, Sixth Filing Sub- division to Strachan Drive. Consideration: None. a -130- 9 (2) Public Service nection Com an it of Colorado - Right of way dedi- cation in conwStreet Improvement District No. 69. Consideration: $10,565.46. (3) Ronald L. and Rebecca Sammons - Dedication Deed for the installation, maintenance, servicing and.reinstallation of utility lines and facilities, which was required by the City in connection with the vacation of utility ease- ments in the Indian Hills, Eighth Filing Subdivision. Consideration: None. (4) James R..Pfli sen - Dedication Deed for a right of way an easement or a public road and for the installation of a pedestrian sidewalk and for the installation, reinstall- ation, servicing and maintenance of utilities in connection with development of the property at 2411 West Lake Street. Consideration: None." City Manager Brunton stated the consideration for Public Service was based on an appraisal made by Don Shannon. Councilwoman Gray made a motion, seconded by Councilman Suinn to accept the above listed deeds and easements. Yeas: Council - members Bloom, Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: Councilman Russell. Resolution Adopted Approving an Addendum to an Agreement with State Board of Agriculture Following is the City Manager's memorandum on this item: "The City of Fort Collins has a master agreement with Colorado State University concerning the furnishing of electric power. The initial agreement with the State Board of Agriculture was signed on June 18, 1973. Because of budgetary limitations and delayed action on the part of the State Legislature, the City agreed to alert CSU to any proposed rate increases. Addendum No. 4 to the original agreement provides for the present rate schedule as adopted by the City Council under Ordinance No. 13, 1977, to apply as of June 30, 1977. Also, the Addendum alerts CSU that on June 30, 1978, they should anticipate another increase of 19.8%." Councilwoman Gray made a motion, seconded by Councilman Bowling to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. -131- RESOLUTION 77-32 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN ADDENDUM TO AN AGREEMENT WITH THE STATE BOARD OF AGRICULTURE WHEREAS, the City of Fort Collins furnishes electrical power to the State Board of Agriculture under an agreement dated June 18, 1973, as amended by addendum No. 1 dated June 26, 1974, addendum No. 2 dated May 14, 1975, and addendum No. 3 dated March 17, 1976, and WHEREAS, said addendum provides that the said agreement shall not extend beyond June 30, 1977, unless the parties mutually agree to extend the agreement with rates agreed upon and satisfactory to both parties, and WHEREAS, the City Council has by ordinance revised and increased the rates established by ordinance for service from the City electric utility, and WHEREAS, addendum No. 4 to the agreement with the State Board of Agriculture has been prepared which provides for the same rates as recently adopted by ordinance of the City Council, and WHEREAS, such addendum has been approved by the City Manager and the City Attorney and the City Council desires to approve and authorize the same. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of said addendum No. 4 be and the same hereby are accepted and approved and, -132- j 7, BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they hereby anaauthorized and directed to execute said addendum for and on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the City Council held this 17th day of May, A.D. 1977. ATTEST: Mayo Resolution Adopted Ratifying and Confirming Council Approval of the Use of City Personnel and Expenditure of Funds in Opposition to Proposed Amendment No. 3 to the Colorado Constitution in the November, 1976, General Election Following is the City Manager's memorandum on this item: "The City Council previously authorized Stan Case and other Light and Power Department employees to expend time and City funds in efforts to oppose the nuclear initiative which was an issue in the November, 1976, election. For some unknown reason, this authorization does not appear in the Council minutes and the use of City personnel and funds for this purpose is being questioned by the Attorney General's office. The proposed Resolution would confirm the fact that the Council had authorized this expenditure." Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. (Councilman St. Croix out of room.) -133- 77-33 RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS RATIFYING FORMER COUNCIL ACTION AUTHORIZING THE USE OF CITY PERSONNEL AND EXPENDITURE OF CITY FUNDS TO OPPOSE AMENDMENT NO. THREE (NUCLEAR INITIATIVE), AN ISSUE IN THE NOVEMBER, 1976, ELECTION. WHEREAS, one of the issues in the November, 1976, election was a proposed amendment to the Colorado constitution, known as Amendment No. Three - Colorado Nuclear Initiative; and WHEREAS, the City Council on August 17, 1976, by resolution expressed its desire to oppose such proposed amendment; and WHEREAS, in conjunction with such resolution, the Council authorized the Electric Utilities Director, Stan Case, and other electrical department employees to spend City time and funds and to use City transportation working in opposition to such amendment; and WHEREAS, the official Council minutes do not reflect such Council authorization and such authorization is necessary to satisfy Colorado statutory requirements regarding campaign contributions. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the former Council action authorizing the use of City transportation and the expenditure of City personnel time and of City funds to oppose the proposed Amendment No. Three to the Colorado Constitution in the November, 1976, election, be, and the same hereby is, ratified. Passed and adopted at a regular meeting of the City Council held this 17th day of May, A.D. 1977. Mayor ATTEST: City Clerk -134- Request to Release Covenant on Plummer School Approved Following is the City Manager's memorandum on this item: "The former Plummer School is now privately owned. In a convey- ance of the title to this property a covenant was established restricting the property to office use and providing that use of the property for any other purpose would cause the title to go to the City Landmark Commission. The City Landmark Com- mission has been merged into the Cultural Resources Board. Stephen J. and Kay E. Roy desire to purchase this property to be used as an antique shop. They have requested that the City release any interest it might have in the property under this covenant. This matter has been presented to the Cultural Resources Board and they have approved such release. It would appear that the City would not benefit by acquiring the pro- perty and the use of the property for an antique shop is con- sistent with the historical integrity of the structure. Also, the proposed agreement will provide that the Cultural Resources Board must approve any remodeling or change of the exterior of the old school building." Councilman Bowling made a motion, seconded by Councilman Wilkinson to approve the agreement and authorize the Mayor and City Clerk to execute the same on behalf of the City. Yeas: Council - members Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. (Secretary's Note: Councilman St. Croix out of room) Resolution Approved Adopting a Retirement Plan for the City of Fort Collins Following is the City Manager's memorandum on this item: "On March 4, 1971, the City of Fort Collins adopted an Employees Retirement Plan. Unfortunately, the adopting resolution was unclear as to the alternatives that would be accepted by the City. Plan C was implemented on January 1, 1971. On April 15, 1975, the City Council authorized the increasing of the City's contribution to the Plan to 6.312%. This rate included a 10-year vesting. However, the Plan was never amended to include the 10-year vesting. The enclosed Resolution ratifies the actions of 1971 and 1975. The Administration feels there is still a need to allow a certain small amount of selective employees to be exempt from the Employees Retirement Plan. These employees would be professionals with possible lateral advances to other govern- ment jurisdictions, who would be better off with portability in their retirement system. Also, in case where an older person might be selected to fill a position with the City, our present pension system would be of no assistance. This puts us at a disadvantage in recruiting. -135- The Administration hopes to have a report on this subject to the Council sometime in the next two or three months." Councilwoman Gray made a motion, seconded by Councilman Suinn to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. 77-34 RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING A RETIREMENT PLAN FOR THE CITY OF FORT COLLINS WHEREAS, in 1971 Coates, Herfurth.and England Consulting Actuaries for the City of Fort Collins prepared four alternative employee retirement plans for the City of Fort Collins; and WHEREAS, on March 4, 1971, the City Council by resolution adopted a Retirement Plan prepared by Coates, Herfurth and England, but did not specify which alternative plan was being adopted; and WHEREAS, in April 1975, the City Council approved by motion an increase in the City's contribution rate to the Employee Retirement Plan to 6.312%, the purpose of said increase being to recognize an employee's ten year vested interest in the plan; and WHEREAS, the ten year vested interest provision has never been incorporated into any retirement plan; and WHEREAS, a final copy of the City of Fort Collins Employee Retirement Plan, including a ten year vested interest provision, has been prepared and approved by the Employee Retirement Board: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Employee Retirement Plan of the City of Fort Collins dated May 2, 1977, be adopted as the Retirement Plan for the City of Fort Collins, effective upon adoption; and BE IT FURTHER RESOLVED that said plan shall be in effect as the Retirement Plan of the City unitl further action of the City Council. Passed and adopted at a regular meeting of the City Council held on this 17thday of May, A.D. 1977. Mayor ATTEST: City Clerk -136- r A Resolution Adopted Approving the By -Laws and Rules of Procedure as Amended for the Building Contractor's Licensing Board Following is the City Manager's memorandum on this item: "This is a companion memo to Ordinance No. 56, 1977, concerning the Building Contractor's Licensing Board. The proposed resolution would approve the By -Laws and Rules of Procedure for the Board. In addition to the resolution and proposed By- laws, we have enclosed in this portion of the agenda the new Application for Contractor's License. This is in the agenda for information only. The Building Contractor's Licensing Board has approved these By-laws and Rules of Procedure and recommend passage of the Resolution approving same." City Manager Brunton and City Attorney March, Jr. spoke of the following changes: 1) Amending Article V, Section 1 by adding thereto additional subsections (d) and (e) to read as follows: (d) gas fitter license; (e) mechanical contractor's license. and 2) Amending Article V, Section 4 by adding thereto additional subsections (d) and (e) to read as follows: (d) Gas Fitters - Acts or omissions set forth in Chapter 62 of the Code. (e) Mechanical Contractors - Acts or omissions set forth in Section 85-5 E (1) of the Code, Chapter 62 of the Code, and Chapter 56 of the Code. Councilman Wilkinson made a motion, seconded by Councilman Bowling to amend the By-laws as recommended by the administration. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. Councilman Russell made a motion, seconded by Councilwoman Gray to adopt the Resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. 77-35 RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE BY-LAWS AND RULES OF PROCEDURE FOR THE BUILDING CONTRACTOR'S LICENSING BOARD WHEREAS, the City Attorney's Office has prepared and the Building Contractor's Licensing Board has approved by-laws and rules of procedure for said Board; and WHEREAS, the Building Contractor's Licensing Board has submitted such by-laws and rules of procedure to the City Council for its approval; and -137- WHEREAS, the City Council has received such by-laws and rules of procedure and desires to approve the same. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the by-laws and rules of procedure for the City of Fort Collins Building Contractor's Licensing Board presented to the City Council be, and the same hereby are accepted and approved, Passed and adopted at a regular meeting of the City Council held this 17th day of May, A.D. 1977. ayor ATTEST: y erk Ordinance Adopted on First Reading Amending the Building Contractor's Licensing Board Ordinance Following is the City Manager's memorandum on this item: "This ordinance will delete provisions of the ordinance con- cerning the Building Contractor's Licensing Board which pertain to matters normally covered by the by-laws of the Board. The attached memo from the Assistant City Attorney, Lucia Liley, explains the ordinance in more detail. The Building Contractor' Licensing Board has approved this change in the ordinance." Councilman Bowling made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 56, 1977 on first reading. Yeas: Council - members Bloom, Bowling, Cray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. Warren Lake Trunk Sewer Following is the City Manager's memorandum on this item: "This item was on the Council agenda for the May 3rd meeting and at that time the Council referred it to the Water Board for recommendation. The materials from the previous agenda are enclosed. As indicated on the memo from Roger Krempel, the matter was referred to the Water Board for its May 13th meeting, and their recommendation will be available by the time of the Council meeting of the 17th. We will present the Water Board's recommendation at the Council meeting." a =138- City Manager Brunton stated the Water Board had recommended that the City proceed with the Warren Lake Trunk Sewer. Councilman Bowling made a motion, seconded by Councilwoman Gray to authorize the Administration to proceed with the Warren Lake Trunk Sewer line. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. Rawhide Energy Project - Letter to Governor Authorized Following is the City Manager's memorandum and draft letter: "Attached is a draft of a letter to Governor Lamm regarding the proposed Rawhide Energy Project. This letter recommends that the determination of the siting of this project should be left to the Larimer County Board of County Commissioners rather than a State- wide interest determination as recommended by the State Land Use Commission." Dear Governor Lamm: Proposals have been made to the Larimer County Board of Commissioners by representatives of the State's Land Use Commission, urging the Commissioners to designate the Rawhide Energy Project a matter of State interest. Enclosed is a copy of a resolution adopted last month by the Platte River Board, and expressing its views on this important question. Also enclosed is some information on the proposed Rawhide Project. Platte River Power Authority (Platte River) is a municipally -owned utility formed by the four cities of Estes Park, Fort Collins, Longmont and Loveland to provide for their future electric energy needs under sound cost conditions and with minimum environmental impact. Three of these cities contain 75 percent of the people who live in Larimer County. In 1975, when Platte River sought a transmission line route from Loveland to Longmont, the Weld County Commissioners were faced with a similar request that the proposed transmission line be designated a matter of State interest. They concluded that land use decisions relating to electric facilities could best be made locally, following the planning input available to them from the Larimer-Weld Regional Council of Governments. As a result, the Larimer- Weld COG proceeded to hold public hearings following which it made a recom- mendation with respect to the transmission line routing. Although a greater cost was involved, the route designated by the Larimer-Weld COG was accepted by Platte River and was subsequently approved by the Weld and Larimer County Commissioners. This successful format for regional input, recommendations and local decision - making was also followed by the Latimer County Commissioners and the Weld County Commissioners with respect to the Ault -Fort Collins and the Long's Peak -Fort St. Vrain transmission lines of Platte River. At several times during these proceedings, Platte River has expressed its obligation and desire to work with affected local and regional governments. A workable relationship has emerged in which regional considerations and public input are complied by the Larimer-Weld COG, with the ultimate decision being made by the affected County Commissioners. -139- This same procedure, in greater depth, has been followed to date with respect to the Larimer County side for the Rawhide Project. Enclosed is a copy of the siting study. A substantial amount of time and effort has been expended by a highly -qualified committee of the Larimer-Weld COG whose members were selected for their expertise in a variety of fields. It seems to us that designation of the Rawhide Energy Project as a matter of State interest would necessarily reflect a lack of confidence in the Larimer-Weld COG as a regional and local planning group. At this point. in time any such lack of confidence is unfounded. As you know, the Land Use Commission has a staff of six (6) people and an annual budget of about $220,000. To bring adequate expertise to bear on a power plant siting problem it would have to retain qualified outside pro- fessionals. The Larimer-Weld COG and the Larimer County Commissioners have access to qualified professionals for advice on the Rawhide Energy Project which is at least equal to that available to the Land Use Commission. Desig- nation of Rawhide as a matter,of State interest will not increase the availa- bility of such expertise. The COG already has a special independent review in progress by a group of highly qualified citizens and its report is due May 19. The real significance of the designation of Rawhide as a matter of State interest is, however, to put the Colorado Land Use Commission in a position where its concurring approval is required and to give it legal standing to take the matter to court if the Larimer County Commissioners do not agree with the Land Use position. The obvious risk of designating a project as a matter of State interest is therefore delay, and delay is expensive to Platte River, the four cities and their citizens. Rawhide is estimated to be a $200 million project. Assuming inflation is held to 6 percent a year, or 1/2 percent per month, delay of Rawhide beyond the time necessary for the careful evaluation of its siting will begin to increase its costs in signifi- cant amounts. (One half of 1 percent per month for a $200 million project is one million dollars a month.) It is a fundamental fact of political life that in opposing a project or program the next best thing to defeating it outright is to delay it. The only effect of designation of the Rawhide Energy Project as a matter of State interest will be to prolong the procedural process and delay the time when a sound and locally sensitive decision can be made by the Larimer County Board of Commissioners. The Land Use Commission has voted to hold a hearing on the question of State interest designation on May 27. The Larimer County Board of Commissioners will be doing the same thing on June 6. It is our opinion that the Larimer County Board of Commissioners after receiving input from various studies and Larimer-Weld COG are capable of determining the siting without a State -vide interest determination. Respectfully, Arvid R. Bloom, Mayor City of Fort Collins -140- Mayor Bloom stated he had received a request that the City, over his signature, send a letter to Governor Lamm; and then called for Council comments. Councilman Bowling reported on the date set for the COG to receive the study report on the Rawhide Proiect, and that dates for hearings would then be established. Councilwoman Gray stated she felt the letter should be sent to the Land Use Commission rather than to the Governor. Further, she felt that the emphasis of the letter should be that the County Commissioners are planning to hold hearings to determine whether the Rawhide Energy Project is a matter of State-wide concern. The remaining Councilmembers stated they had no objection to the letter being sent to the Governor and that the Mayor could make changes based on the present discussion: Councilman Wilkinson made a motion, seconded by Councilman Bowling to approve the submission of a letter to Governor Lamm. Yeas: Councilmembers Bloom, Bowling, Russell, St. Croix, Suinn and Wilkinson. Nays: Councilwoman Gray. Report from City Manager The following items were reported: (a) City Manager Brunton reminded the Council that the Admin- istration would like to receive the Service Level Evaluation Forms by May 19 and the Goals and Objectives Statements by May 20. (b) The staff has been negotiating with Poudre R-1 a consider- ation that a gymnasium be built in connection with the new Southeast elementary school. This will be addressed further at the budget hearing on May 24, 1977. (c) The Administration has received a report from Ms. Nancy Hanks, Chairman of the National Endowment for the Arts, that the City's Challenge Grant for the auditorium is still pending; there are 380 applications. (d) Parks and Recreation Director, H.R. Phillips, has made a report on a comprehensive Water Conservation Program for the Parks and Recreation Department to abide by this year. (e) The Parks and Recreation Department staff, Randy Balok and Virgil Taylor, have met with Sam Keller, who had requested that there be some recreation or picnic area in connection with Laurel School. The staff feels that a few picnic tables be put in and are exploring the possibility of getting some additional land in the area. -141- (f) The Administration has received a request from the owner of the T-Shirt Affairs to use the City logo on t-shirts. City Attorney, Art March sees no problem in granting this request. (g) The Administration will be bidding the Insurance Package this week. The City Attorney is working with the City of Loveland on a possibility of pooling and possible self- insurance. (h) Chief Smith has announced that Major Assistant Chiefs will be rotated. (i) The staff is working with Dr. Karl Carson on statements and commitments on the Auditorium. A full report will be forthcoming. (j) A letter has been received from the Community Development people on requirements. The meeting for Fort Collins will be held in Cheyenne, Wyoming on May 27, 1977. (k) The Administration has received word from the Division of Water Resources that the Joe Wright plans and specifications have been approved. The City will be accepting bids on June 2, 1977, which will be reviewed by the Water Board, and then go before Council on June 7, 1977. (1) The Administration has received letters of commendation, first to John Martinez of the Police Department for the Neighborhood Watch Program; another complimenting various police officers for assistance in the apprehension of two criminals. Specifically named were Officer Deryle O'Dill, Officers Hurst, Hopkins, and Lewis, and Dispatcher Susanne Vincent. (m) The Administration has received a letter from George H. Wolf, Curriculum Services Director for the Poudre School District, thanking the City for the gift of Water Conserv- ation material. (n) The Administration has received a letter from the Chairman of the Sociology Department of C.S.U. giving thanks for the assistance of the Police Department (Jim Black, Dave Feldman, Brad Thorpe, and John Martinez), in the teaching of a class in Criminology. (o) The Water Board, at this last meeting, had requested that two Council members be added to the Water Board Urban Services Area Committee. The City Manager recommended that the entire Council be involved. 7 I 1 -142- Report from Citv Council (a) Councilman Bowling reported that there will be 100 copies of the Rawhide Study Committee report available. A press conference will be called to introduce members of the Study Committee. Councilman Bowling stated the staff of the COG and the members of the Rawhide Study Committee have worked many hours in completing this report. (b) Councilman Russell reported on the Water Works Association meeting held in Anaheim, California. (c) Councilman Suinn reported on the dedication of the Latter Day Saints Stake Center and the facility capabilities. (d) Councilman Wilkinson requested that the Mayor send a message of appreciation to the Rawhide Study Committee and the COG staff. Mayor Bloom declared this meeting recessed until 7:15 p.m. Citizen Participation 1. Proclamations Presented. The following proclamations were presente Proclamation designating Public Works Week May 22 - 28, 1977 Proclamation for Annual Sale of Buddy Poppies by Veterans of Foreign Wars Proclamation for Burglary Prevention Month for June Reco nition of Adeline Flaa on her Retirement. Mayor Bloom presente a plaque to Adeline F as for 21 years of service to the City as Children's Librarian. 3. Mrs. Dolores Williams, 1520 Hillside Drive, spoke of a road problem across from Tavelli School. She further inquired if the City Council would consider purchasing the property across the street from the school to provide an area for the school bus to turn around and to develop a new park. Mayor Bloom recommended that Mrs. Williams go to the County Commissioners and see if they could be of assistance. Ordinance Adopted on First Reading Amending the Zoning Ordinance and Defining and Classifying Restaurants for Zoning Purposes. 9 Following is the City Manager's memorandum on this item: -143- "This Ordinance clarifies the City's zoning regulations con- cerning restaurants in general and fast-food restaurants in particular. This Ordinance was initiated in response to the Planning and Zoning Board's expressed concern regarding the increased number of applications for fast-food restaurants and the ambiguity of the zoning ordinance concerning the zoning districts in which fast-food restaurants are or should be permitted. This Ordinance provides for detailed definitions of drive-in, fast-food, and standard restaurants as well as clarifying in which zoning districts such restaurants should be allowed. Enclosed is an extensive memorandum from the Planning staff on this subject. At their April 18, 1977, meeting the Planning and Zoning Board recommended for approval of this ordinance. Also included is a list of the Fort Collins' restaurants using the enclosed definitions. There would be two nonconforming users in the fast-food area and two nonconforming users in the drive-in area. Special notices have been sent to the fast-food and drive-in restaurants concerning the May 3, 1977, meeting." Councilwoman Gray made a motion, seconded by Councilman Bowling to adopt Ordinance No. 48, 1977 on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. Assignment by Mountain Air, Inc. to Max R. Hoffman of Contract for Fixed Base Operation at Fort Collins -Loveland Airport Tabled Following is the City Manager's memorandum on this item: "Mountain Air, Inc., which holds the contract for the fixed base operation at the Fort Collins -Loveland Airport, has con- tracted to assign the operation to Max R. Hoffman. Enclosed with this part of the agenda are copies of the agreement between Mountain Air and Mr. Hoffman, the proposed form of Assignment, financial statements for Mr. Hoffman, and a letter from Mr. Hoffman to the cities of Fort Collins and Loveland briefly setting forth his position. These documents have been reviewed and approved by the City Attorney and Lynn Hammond, the attorney for Loveland. The Airport Board considered this matter at its meeting on May llth and recommended approval of the assignment. The fixed base operator agreement requires approval of the cities for assignment to a third party, but this approval should be given, unless it is felt that the new operator would not have sufficient capital and/or operating knowledge to perform under the agreement. The Airport Board considered both of these a -144- questions when they recommended approving the assignment. Mr. Hoffman also desires to construct additional T-hangers in the area set aside for that purpose in order to accommodate the lease of additonal lands for this purpose as the need for the same develops over the course of the agreement." Councilman Bowling stated, "Mr. Mayor, I would like to declare the fact that I now have a conflict of interest concerning this particular metter. I am presently working for the stock- holders of Valley Airpark as Administrator of the Airport, so I withdraw." City Manager Brunton reviewed the request for an assignment of the lease, which has been recommended for approval by the Airport Board. City Attorney March made the following remarks relative to the proposed assignment: "This is an agreement that runs a period of twnety years and it is about into its tenth year approximately now. It does not have any particular restrictions on assignment, and it is my opinion and I thin Lynn Hammond's as well, for Loveland, that unless you have a reason for denying the assignment, you can not arbitrarily say no we don't like it. We have requested and in the agenda is a response to that request that Mr. Hoffman furnish us with a financial statement, with a brief statement of his operating inten- tions, and with copies of the contract under which he is acquiring the interest of Mounain Air. We have reviewed these, had no objections except that I would point out that the assignment as proposed is to Max Hoffman or Falcon Air, Ltd., Falcon Air, Ltd. being a corporation. We know nothing about the corporation and would recommend that you approve the assignment to Max Hoffman but not to Falcon Air, Ltd. I talked to the attorney representing Max Hoffman on this today and he had no objection to this other than he was unable to reach Max Hoffman, but I don't think that is any problem. The only other thing that we were concerned with, there was an assignment for security purposes to the First National Bank some time ago of Mountain Air's rights under the lease part of the agreement. That loan has been paid off, but the assignment has never been released, so we would suggest that your approval be conditional on that assignment being released. I have talked with the First National Bank that had the assignment, and there is no problem there either. It is purely a technicality. But those two things I think your action should be conditioned on. Other than that, it is my recom- mendation that you approve the assignment." Councilmembers inquired into the financial statements and upon determining that Mr. Hoffman was not available to respond, Council- woman Gray made a motion and Councilman Wilkinson seconded the motion to table this until the next official meeting and notify Mr. Hoffman to please come prepared to answer questions about the financial statement. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. (Bowling out of room). -145- Ordinance Tabled on First Reading Requiring a Franchise to Maintain Electrical Facilities in Rights of Way Following is the City Manager's memorandum on this item: "This memorandum will cover the referenced ordinance as well as the Ordinance which constitutes the next item on the agenda. Historically, the City electric utility has furnished electric service to all electric customers in the City. Until very recent times, Public Service Company and Poudre Valley REA have voluntarily disconnected their service to properties in newly annexed areas and have permitted the City to connect its utilities to customers in those areas. The City has purchased the existing facilities from the utility previously providing service on a negotiated basis which generally was based on current cost of facilities less depreciation. Lines and facilities used by the previous utility have generally been removed and City facilities installed in their place. In cases where the facilities of the other utility were still needed to serve customers out of the City, the existing lines have remained but removal and reconstruction of these lines were needed to permit installation of City facilities or in connection with improvement of right of way in which the facilities are located has generally been accomplished through cooperative efforts. The City first encountered difficulties in this area in connection with Evergreen Park. REA, which had the right to serve this area when it was outside of the City, took the position that their cert- ificate to serve continued despite annexation and that they would provide electric service to this area. In this specific case, it appears that REA has weakened from this position and that the City has served new construction in the area and expects to continue that service. Also in this particular case, there was no existing requirement for electric service at the time of annexation. Considerable difficulties were encountered in connection with the Evergreen Park area and the existing REA transmission line through the area. Although it now appears that we have reached agreement for under - grounding the existing REA line, these problems have pointed out the need to get better control over the lines of other utilities passing through the City. Difficulties have also been encountered in connection with Public Service Company. Some time ago the City entered into negotiations with Public Service Company which City personnel initially thought involved the possibility of the City acquiring the right to serve areas outside of the City which would be annexed to the City in the foreseeable future. These negotiations broke down when Public Service announced its position that they would no longer voluntarily release their rights to serve areas annexed into the City and would maintain that they continue to have the City and Public Service relating to these negotiations are enclosed with the agenda. I BE= The Administration feels that proper planning for the City electric utility and overall municipal planning requires that the City serve electricity to all areas within the City, including any newly annexed areas. The Administration further feels that the City must gain further control over the installation and maintenance of electric utility lines within City rights of way. The City Attorney has researched this question, and it is his opinion that the City has a right to require franchises from any electrical utility main- taining lines upon City rights of way and further that the City has the right to require additional franchises from any utility other than the City which might desire to serve any territory within the City. The ordinance presented under this item of the agenda pertains to the installation and maintenance of utility lines in City rights of way by other utilities. The next item on the agenda is an ordinance pertaining to the requirement for a franchise in order to serve customers within the City." The following persons spoke in opposition to this ordinance 1. Robert Moninger, Manager for the Northern Division of the Public Service Company of Colorado 2. Warren H. Price, Attorney representing Poudre Valley Rural Electric Association 3. Leon Wick, General Manager of Poudre Valley REA Councilman Russell made a motion, seconded by Councilman Wilkinson to table Ordinance No. 57, 1977 on first reading to June 21, 1977, and directed that a report be submitted on meetings between the City, REA and Public Service. Yeas: Councilmembers Bloom, Bowling„ Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. Ordinance Tabled on First Reading Requiring a Franchise to Furnish Electric Service Within the City Following is the City Manager's memorandum on this item "The background and rationale for this ordinance was explained in the memorandum covering the preceding item on the agenda." Councilman Suinn made a motion, seconded by Councilman Russell to table Ordinance No. 58, 1977 on first reading to June 21, 1977 Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. Stonehenge Subdivision, Third Filing Final Plat, Approved Following is the City Manager's memorandum on this item: "Stonehenge Subdivision, Third Filing, consists of 10 single family lots comprising 2.8 acres located on the West side of Brookwood Drive, south of Stuart Street. This tract is zoned R-L, Low Density Residential District. At its April 11 meeting, the Planning and Zoning Board unanimously recommended approval of the plat subject to elimination of a street name duplication and clarifying a utility alignment. These revisions have been made." Councilman Bowling made a motion, seconded by Councilman Suinn, to approve the Stonehenge Subdivision, Third Filing, Final Plat. Yeas: Bloom, Bowling, St. Croix, Suinn and Wilkinson. Nays: None (Councilmembers Gray and Russell out of room) -147- Foothills Park Subdivision, Second Filing and Replat of First Filing: Final Plat Approved The City Manager's memorandum states as follows: "This subdivision consists of 103 single-family lots on 24.5 acres zoned R-L-P, Low Density Planned Residential District located on the north side of Horsetooth Road between South College and South Shields. The staff recommended approval of the plat but suggested revisions involving engineering details such as easements and designation of courses and distances. The Planning and Zoning Board recommended approval of the plat subject to the staff's suggestions. The developer has made the requested changes to the plat." The Planning and Zoning Board recommendation is as follows: 1 "The Board reviewed the preliminary and final plats of this sub- division in May and July of 1976. The Board reviewed the preliminary favorably with the condition that street access north to Woodwest Subdivision be preserved. The Board voted unanimously to recommend approval of the final plat subject to several conditions suggested by staff involving additional technical data to be shown on the plat. These conditions have been met. The final plat has not been eligible for City Council approval until now because of the development's difficulty in negotiating a settle- ment with the New Mercer Ditch Company concerning the discharge of storm runoff from the subdivision into the ditch. This problem has been worked out, and utility plans have been approved by the City Engineering Office." Councilman Suinn made a motion, seconded by Councilman Bowling to approve the Foothills Park Subdivision, Second Filing and Replat of the First Filing, Final Plat. Yeas: Councilmembers Bloom, Bowling, St. Croix, Suinn, and Wilkinson. Nays: None. (Councilmembers Gray and Russell out of room) Mountaire Subdivision: Final Plat Approved The City Manager's memorandum regarding this item states in part: "This subdivision consists of 39 single family lots on 12 acres zoned R-L, Low Density Residential District, located on West Elizabeth Street 1/4 mile east of Overland Trail. The staff recommended approval of the plat but suggested the following changes to the plat: (1) indicate building set back lines on corner lots, and (2) change the name of the street formerly designated as Mountaire Court to another name because of the similarity of this name to existing, Mountain Avenue. The recommended changes have been made." -148- The Planning and Zoning Board recommendation is as follows: "The preliminary plat for this single family subdivision was reviewed favorably by the Board at its July 12, 1976, meeting. The final plat is in conformance with the preliminary, although the number of lots has been increased from 33 on the preliminary to 39 on the final. At its meeting of September 8, 1976, the Board voted unanimously to recommend approval of the plat subject to the condition as suggested by the staff for additional technical revisions to the plat concerning setbacks on corner lots and a street name duplication. (Although the plat was considered by the Board last year, it has not been eligible for City Council approval until now because final utility plans were not submitted until recently.,)" Councilman Bowling made a motion, seconded by Councilman Suinn to approve the Mountaire Subdivision, Final Plat. Yeas: Council - members Bloom, Bowling, Gray, St. Croix, and Suinn Nays: None. (Councilmen Russell and Wilkinson out of room) Cedar Village Subdivision First Filing, Final Plat, Approved The City Manager's memorandum states in part: "This is a subdivision of 90 single-family lots in the R-L-P Zone. The subdivision is located on the south side of West Drake Road between Shields and Taft Hill. The Planning and Zoning Board recommended approval of this plat subject to the following con- ditions which were suggested by the Planning Staff: (1) indicate 200-foot flood easement for Spring Creek on the plat; (2) submit plans for pedestrian bikeways along Drake Road and Spring Creek; (3) change the name of the streets on the plat designated as "Brunswick" and "Stratford" because of similarity to existing street names and continue Hastings Drive instead of changing the name to Hastings Court. Since this action by the Planning and Zoning Board, the Planning Staff has re-evaluated condition No. 2 and now recommends that the requirement for the developer to submit plans for the design of the bikeways be deleted since these will be designed in con- nection with present City programs. The other requirements have either been made or will be made by the time of the Council meeting." Councilman Bowling made a motion, seconded by Councilwoman Gray to approve the Cedar Village Subdivision First Filing, Final Plat. Yeas: Councilmembers Bloom, Bowling, Gray, St, Croix, Suinn, and Wilkinson. Nays: None. (Russell out of room) -149- Stonehenge Subdivision, Fourth Filing, Final Plat and Stonehenge P.U.D. Phase I, Final Site and Landscape Plan Approved The City Manager's memorandum regarding this item states in part: "This is a subdivision of approximately 10 acres containing 28 single-family lots in the area of Lemay and Stuart. The pre- liminary plan was previously approved by the Council subject to the final plat conforming with the active open space requirements for a P.U.D. The final plat has been revised to conform with these requirements. The Planning and Zoning Board recommended approval subject to the staff recommendations shown on page 2 of the attached memo from Paul Diebel. The developer has agreed to these conditions and they should be satisfied by the time.of the Council meeting." The comments and recommendations from the Planning and Zoning Board are as follows: "The preliminary site plan has been revised to include 15% active open space for the entire P.U.D. as per the ordinance requirement. The final plan for the first phase also includes 15% active open space. The final plan is in conformance with the preliminary. The staff recommendation to the Planning and Zoning Board was for approval of the final plat and plans for Phase I subject to the following revisions: Clarification of building envelopes and restrictions on fence bordering common greenbelt; Dedicatedstreet R.O.W. on subdivision plat should not cover landscaped islands in cul-de-sacs; The full width of Stuart Street extended to the west Stonehenge property line should be dedicated and improved with this development; 4. Standard street improvements should be more clearly de- lineated along dedicated streets; 5. Minor alterations of shrub groupings and landscape specifications. Planning and Zoning Board Recommendation 1 4 At its May 9, 1977, meeting the Board voted unanimously to recommend approval of the final plat and plans subject to revisions as specified by the staff. Utility plans have been approved and the developer has agreed to make the revisions indicated above prior to the May 17, 1977, Council agenda. On this basis we are submitting this item for the May 17 agenda." Mr. Reid Rosenthal, the developer, answered specific questions regarding the need for 15% active open space as required by ordinanc -150- 9 Councilman Suinn made a motion, seconded by Councilman Bowling to approve the Stonehenge Subdivision, Fourth Filing, Final Plat and the Stonehenge P.U.D. Phase I, Final Site and Landscape Plan. Yeas: Councilmembers Bloom, Bowling, Gray, St. Croix, Suinn, and Wilkinson. Nays: None. (Councilman Russell out of room) Termination of Riverside Subdivision, Eighth Filing, Final Plat Approved The City Manager's memorandum regarding this item states in part: "The Final Plat for Riverside Subdivision, Eighth Filing, was approved unanimously by the Planning and Zoning at their October, 1976, meeting. Since that time the land has been sold, and the owners have no need for completion of the Eighth Filing of the Riverside Subdivision. In accordance with recent practice, all petitions for rezoning and subdivision requests, including termination, come to the Council for final action." Councilman Suinn made a motion, seconded by Councilman Bowling to approve the termination of Riverside Subdivision, Eighth Filing, Final Plat. Yeas: Councilmembers Bloom, Bowling, Gray Russell, St. Croix, Suinn, and Wilkinson. Nays: None. Woodwest Subdivision Fifth Filing, Final Plat Approved The City Manager's memorandum regarding this item states as follows: "This subdivision consists of 10 single family lots on 5.5 acres zoned R-L, Low Density Residential District located on Powderhorn Drive north of Morsman Drive. The Planning and Zoning Board recommended unanimously for approval of this plat." Councilman Bowling made a motion, seconded by Councilwoman Gray to approve the Woodwest Subdivision Fifth Filing, Final Plat. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. Request for Clarification of Intent Concerning Ordinance No. 18, 1977 The City Manager's memorandum regarding this matter is as follows: "Council recently adopted Ordinance No. 18, 1977, which is enclosed. In the form as adopted the ordinance requires landscaping in connection with development in the R-H and B-L Zones. The enclosed -151- memo from Les Kaplan sets forth his position (which is also the position of the Planning and Zoning, Board) that the revisions to the ordinance should have included general site review and approval which would go beyond landscaping, into building placement and the like. In its present form it is the City Attorney's opinion that the ordinance provides for landscaping review only, and placement of buildings and other matters concerning utilization of the site are covered by the general provisions of the Zoning Ordinance as it pertains to these zones. The question which we are asking the Council to resolve is whether they intended the revision to the ordinance to go beyond the landscaping area and into general site utilization. If so, the ordinance should be revised to provide for this. Another question which is presented involves when the landscaping or other approval must be obtained. The present form of the ordinance does not require any landscaping plan approval in order to obtain a building permit and such approval is only required in connection with an occupancy permit. Therefore, the City Attorney has ruled that the Building Department should not require landscape plan approval as a condition for a building permit. The Planning Department feels that this frustrates the purpose of the ordinance since the placement of the buildings, parking and other site improvements may preclude consideration of desirable land- scaping alternatives. On the other hand, if landscaping approval is required at an earlier stage, this could cause substantial delays to a lot owner. Therefore, if Council desires to advance the time for requiring approval, the staff feels that the initial approval should be through the City staff with the land owner to have the right of appeal to the Planning and Zoning Board and ultimately the City Council if he does not agree with the staff's recommendations." Director of Planning, Les Kaplan, has set forth his position below: "There appear to be two areas in which there are different inter- pretations of Ordinance No. 18, 1977, relating to landscaping requirements in the R-H and B-L zoning districts: 1. While the ordinance requires that a landscape plan be presented and approved by the Planning and Zoning Board, it does not specify at what point in the review process. The occupancy permit, however, is tied to the installation of the landscaping on the appropriate guarantee. Is it the intent of the ordinance that the landscape plan be approved prior to the issuance of a building permit? 2. During discussions on this ordinance with the Planning and Zoning Board and the City Council, the intent of the ordinance was described as providing site and landscape plans review in R-H and B-L zoning districts. The July 28, 1976, and the January 24, 1977, Planning and Zoning Board report on this item state clearly that the Board intended that both site and landscape plans be required for multi- family residential and commercial uses in these zones. The February 15, 1977, memorandum from the City Manager concerning this ordinance states his understanding that the requirement for site and landscape plans is the intent (copies attached). -152- At the May 9, 1977, meeting of the Planning and Zoning Board, the Board again stated that they understood the ordinance would assure city review of both site and landscape plans in these two zoning districts prior to the issuance of building permits. As the ordinance now reads, it is unclear about the two above - stated areas. I suggest that these be discussed briefly with the City Council to determine its understanding of the intent of Ordinance No. 18, 1977, and that the language of this ordinance be,appropriately clarified." Councilman Wilkinson stated he felt that the landscape approval should be handled administratively. Councilman Wilkinson made a motion to refer to the City Attorney the matter of drawing an ordinance providing landscaping approval at the staff level with appeal to the Planning and Zoning Board and then to Council. Motion was seconded by Councilman Bowling, Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix,, and Wilkinson. Nays: None. (Councilman Suinn out of room) Appeal from Decision of Planning and Zoning Board Regarding Site and Landscape Plan at South Taft Hill Road and West Elizabeth Street The City Manager's memorandum regarding this item states in part: "The developer of the B-L land at South Taft Hill Road and West Elizabeth has submitted a site and landscaping plan for the proposed development. When this was first considered the Planning and Zoning Board required that an interior access way from the residential area adjoining on the west be opened and developed. The developer included this access way in his plans but advised at that time that he would request an amendment to delete this. He has now submitted this request for amendment and the Planning and Zoning Board denied that request at its meeting on May 9. This was in accordance with staff's recommendation. Included in this portion of the agenda are copies of the staff recommendations to the Planning and Zoning Board and the letter from the developer requesting the amendment. Two questions are presented by this appeal. The first question is the basic issue concerning the requirements of Ordinance No. 18, 1977, which is the subject of another memo in Item No. 37 of the agenda. As indicated in that item, the City Attorney feels that the ordinance covers only landscaping while the Planning Department feels that it should include a general site review. If Council determines that the review is limited to landscaping only, this would appear to require that the decision of the Planning and Zoning Board be reversed. If not, Council should consider the matter on its merits and decide whether to uphold the recommendations of the Planning and Zoning Board." -153- The City Attorney stated that this item is now academic. This is a specific case having to do with a misunderstanding as to the requirements of Ordinance No. 18, 1977. Councilman Wilkinson made a motion, seconded by Councilman Bowling that the site plan approval is not necessary and as such, the decision of the Planning and Zoning Board would not apply. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, and Wilkinson. Nays: None. (Councilman Suinn out of room) Community Development Act Following is part of a memorandum from Jim Woods, Housing Rehabilitation Director, and a listing of possible projects where the funds could be applied: "The City has recently received a policy memorandum from the Department of Housing and Urban Development regarding criteria for community development activities. After reviewing the HUD statements, I have prepared a project summary list which attempts to address the following items: (1) a clear statement of. need, (2) a proposed budget, (3) potential operation and maintenance costs incurred by the City, (4) my opinion on the eligibility of the project and the degree to which the project adheres to the new HUD policy. I have also ranked the eligible and possibly . eligible projects according to the degree to which they appear to meet the criteria I stated above. The intent is not to claim that one project is more worthwhile than another, but rather to give the Council a basis for comparison. Ranking Project Budget 0 & M Costs Project Number to City Eligibilit 1 Housing Rehabilitation $250,000 None Eligible 2 Street Paving for 20,000 None Eligible Andersonville/Alta Vista 3 Construction of Parking 10,000 Negligible Eligible Lot for Alta Vista Park 6 Construction Job Training, 30,000 None Eligible for low-income unemployed 4 Acquisition of sites for 50,000 None Eligible subsidized housing 7 Construction of pedestrian 12,000 Negligible Eligible and bike path along Ninth and Lincoln Streets 5 Satellite Day Care Center 200,000 None Eligible for Northside 8 Housing Code Enforcement 30,000 None Eligible 9 Northside Community Center 300,000 $63,500 Eligible 10 Renovation of Community 100,000 $ 4,000 Possible Center Basement 11 Seed Money for Local 86,000 None Posse Development Corporation 12 Parking Facilities 200,000 Poss' for Downtown -154- r 9 13 Senior Citizen a) 36,800 Day Care Program b) 50,950 Unknown 14 Improvements to Unknown None Volunteers Clearing- house" The following listed projects Council voted to undertake: 1) Housing Rehabilitation $250,000. 2) Street Paving for Andersonville/ $ 20,000. Alta Vista 3) Construction of pedestrian and bike path $ 12,000. along Ninth and Lincoln Streets 4) Renovation of Community Center Basement $100,000. 5) Seed Money for Local Development $100,000. 6) Parking facilities for Downtown $200,000. 7) Improvements to Volunteer Clearing- $ 5,600. house Possible Possible 8) Construction.Job Training for low-income $ 14,400. unemployed. Councilman Bowling made a motion, seconded by Councilman Suinn to approve the above -listed funded projects. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, Suinn, and Wilkinson. Nays: None. Resolution Adopted Approving Agreement with Union Pacific Railroad Company for Construction of an Electric Line (39850-10) The City Manager's memorandum on this item is as follows: "This agenda item and following items pertain to easements for the utility department, along and across the Union Pacific Railroad right-of-way. In recent years the Union Pacific has revised its operations and has transferred its land holdings to a subsidiary corporation. In the process effecting these changes, the Railroad re-evaluated the values of all of its properties, both those owned in connection with railroad operations and otherwise. This has caused substantial changes in their procedures for granting rights of way for utility lines, and generally these agreements have been requiring larger and more frequent payments. We have made inquiries of the Railroad as to the basis for their charges. They advise that the general charge will be a one-time fee of $150 for rights of way which run across (perpendicular) their tracks. Rights of way which run along (parallel) their tracks will involve a charge based on the Railroad's evaluation of the value of their land which is involved in the right of way. These will also involve an annual charge of $50. We have not been able to find any way of determining what their valuation of their land may be in a particular instance, nor do we understand fully the relationship between the value and the fee they charge. The City Attorney is contacting the Railroad personnel and asking for a meeting to attempt to clarify this and establish more uniform basis for obtaining needed rights of way. -155- The City utilities are re-evaluating their operations and trying not to use railroad rights of way except when absolutely necessary. The utility lines involved in the agreements in this agenda are definitely needed immediately. Therefore, we are recommending that these agreements be approved at this time even though we have not finally resolved this matter. The agreement on this item of the. agenda involves an electric line which runs perpendicular across the Railroad right of way and Horsetooth Road. The charge for this crossing is a one-time charge of $150." Council requested that a total explanation of how the charges for the rights of ways be obtained as soon as possible. Mr. March stated that he had already requested this information and as soon as he received any information, he would forward it to the Council. Councilman Bowling made a motion, seconded by Councilman Wilkinson to adopt the resolution. Yeas: Councilmembers Bowling, Gray, St. Croix, and Wilkinson. Nays: Councilmembers Bloom, Russell, and Suinn. 77-36 RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT WITH THE UNION PACIFIC RAILWAY COMPANY GRANTING THE CITY A LICENSE TO CONSTRUCT, MAINTAIN AND OPERATE AN UNDERGROUND POWER LINE ALONG THE RIGHT OF WAY OF THE RAILROAD COMPANY WHEREAS, Union Pacific Railroad Company has tendered to the City of Fort Collins, Colorado, an agreement covering the construction, maintenance and operation of an.underground power wire line across the property and under the track of the Railroad Company near Harmony, Larimer County, Colorado; such agreement being identified in the records of the Railroad Company as its C.D. No. 39850-10; and WHEREAS, the Council of the City of Fort Collins has said proposed agreement before it and has given it careful review and consideration; and WHEREAS, it is considered that the best interests of said City of Fort Collins, Colorado, will be subserved by the acceptance of said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That the terms of the agreement submitted by Union Pacific Railroad Company as aforesaid be, and the same are hereby, accepted in behalf of said City; and 1 4 I -156- That the Mayor of said City is hereby authorized, empowered and directed to execute said agreement on behalf of said City, and that the City Clerk of said City is hereby authorized and directed to attest said agreement and to attach to each duplicate original of said agreement a certified copy of this resolution. Passed and adopted at a regular meeting of the City Council held this 17th day of May. A.D. 1977. ATTEST: C y Clerk Resolution Adopted Approving Agreement with Union Pacific Railroad Company for Underground Water Line (38606-10) The City Manager's memorandum states as follows: "This agreement will renew a previous agreement granting a right of way to the Water and Sewer Department for a sanitary sewer line and a water line which runs along the Union Pacific right of way west of College Avenue in the area between Hemlock Street and Hickory Street. These lines are already in place and the charge by the Union Pacific Railroad for this right of way is $200 per year." Councilman Bowling made a motion, seconded by Councilman St. Croix to approve the resolution. Yeas: Councilmembers Bowling, Gray, St. Croix, and Wilkinson. Nays: Councilmembers Bloom, Russell, and Suinn. 77-37 RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY GRANTING A LICENSE TO THE CITY TO INSTALL AN UNDERGROUND WATER LINE WITHIN THE RIGHT OF WAY OF THE RAILRAOD COMPANY WHEREAS, Union Pacific Railroad Company has tendered to the City of Fort Collins, Colorado, an agreement covering the continued maintenance and operation of an underground water pipe line and an underground sewer pipe line on, along and across the property and under the tracks of the Railroad Company at Fort Collins, Larimer County, Colorado; such agreement being identified in the records of the Railroad Company as its C.D. No. 38606-10; and -157- WHEREAS, the Council of the City of Fort Collins has said proposed agreement before it and has given it careful review and consideration; and WHEREAS, it is considered that the best interests of said City of Fort Collins,. Colorado, will be subserved by the acceptance of said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That the terms of the agreement submitted by Union Pacific Railroad Company as aforesaid be, and the same are hereby, accepted in behalf of said City; That the Mayor of said City is hereby authorized, empowered and directed to execute said agreement on behalf of said City, and that the City Clerk of said City is hereby authorized and directed to attest said agreement and to attach to each duplicate original of said agreement a certified. copy of this resolution. Passed and adopted at a regular meeting of the City Council held this 17th day of May, A.D. 1977. ATTES ty Clerk yJo Resolution Adopted Approving Agreement with Union Pacific Railroad Company for an Electric Utility Rieht of Wav (38879-6) The City Manager's memorandum regarding this item states in part: "This resolution will approve an agreement with the Union Pacific Railroad which provides the Electric Utility Department permission to make two crossings over the railroad right of way adjoining Riverside Drive. The railroad's charge is $200 in advance and $50 per year thereafter." 1 Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt the resolution. Yeas: Councilmembers Russell, St. Croix, and Suinn. Nays: Councilmembers Bloom, Bowling, and Gray. Abstained: Councilman Wilkinson (Secretary's Note: An abstained vote counted as an affirmative vote, motion passed) SM:11 LUT 77-38 RESOOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT WITH THE UNION PACIFIC RAILWAY COMPANY GRANTING THE CITY A LICENSE TO CONSTRUCT, MAINTAIN AND OPERATE AN UNDERGROUND POWER LINE ALONG THE RIGHT OF WAY OF THE RAILROAD COMPANY WHEREAS, Union Pacific Railroad Company has tendered to the City of Fort Collins, Colorado, an agreement covering the construction, maintenance and operation of an underground power wire line across the property and under the track of the Railroad Company near Fort Collins, Larimer County, Colorado; such agreement being identified in the records of the Railroad Company as its C.D. No. 38879-6; and WHEREAS, the Council of the City of Fort Collins has said proposed agreement before it and has given it careful review and consideration; and WHEREAS, it is considered that the best interests of said City of Fort Collins, Colorado, will be subserved by the acceptance of said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That the terms of the agreement submitted by Union Pacific Railroad Company as aforesaid be, and the same are hereby, accepted in behalf of said City; and That the Mayor of said City is hereby authorized, empowered and directed to execute said agreement on behalf of said City, and that the City Clerk of said City is hereby authorized and directed to attest said agreement and to attach to each duplicate original of said agreement a certified copy of this resolution. Passed and adopted at a regular meeting of the City Council held this 17th day of May, A.D. 1977. ATTEST May�Od ' City Clerk :HMO Resolution Adopted Approving Agreement with Union Pacific Railroad Company for Construction of an Electric Line along Railroad Right of Way (38879-5) The City Manager's memorandum regarding this item follows: "This resolution approves an agreement permitting installation of an electric line along the Union Pacific right of way from Drake Road south. This right of way is needed to connect to Platte River facilities. The charge by the railroad for this is $50 per year." Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt the resolution.. Yeas: Councilmembers Russell, St. Croix, and Wilkinson. Nays: Councilmembers Bloom, Bowling and Gray. Abstained: Councilman Suinn (Secretary's Note: An abstained vote is counted as an affirmative vote, motion passed) 77-39 RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT WITH THE UNION PACIFIC RAILWAY COMPANY GRANTING THE CITY A LICENSE TO CONSTRUCT, MAINTAIN AND OPERATE AN UNDERGROUND POWER LINE ALONG THE RIGHT OF WAY OF THE RAILROAD COMPANY WHEREAS, Union Pacific Railroad Company has tendered to the City of Fort Collins, Colorado, an agreement covering the construction, maintenance and operation of an underground power wire line on and along the property of the Railroad Company near Fort Collins, Larimer County, Colorado; such agreement being identified in the records of the Railroad Company as C.D. No. 38879-5; and WHEREAS, the Council of the City of Fort Collins has said proposed agreement before it and has ,given it careful review and consideration; and WHEREAS, it is considered that the best interests of said City of Fort Collins, Colorado, will be subserved by the acceptance of said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That the terms of the agreement submitted by Union Pacific Railroad Company as aforesaid be, and the same are hereby, accepted in behalf of said City; and 1 9 -160- r 9 That the Mayor of said City is hereby authorized, empowered and directed to execute said agreement on behalf of said City, and that the City Clerk of said City is hereby authorized and directed to attest said agreement and to attach to each duplicate original of said agreement a certified copy of this resolution. Passed and adopted at a reqular meeting of the City Council held this 17th day of May, A.D. 1977. ATTES". 7 i y Clerk Agreement with Colorado and Southern Railway Company for Installation of Electric Line The City Manager's memorandum regarding this item states as follows: "The attached agreement grants the Electric Utility Department the right to install an underground electric line in the Colorado and Southern right of way south from Lake Street. The Colorado and Southern charge for this right of way is $500 which is a one-time charge. A letter explaining the rationale behind the charge is included in the agenda." Councilman Wilkinson made a motion, seconded by Councilman Bowling to approve the agreement with the Colorado and Southern Railway Company for installation of electric lines. Yeas: Councilmembers Gray, St. Croix, and Wilkinson. Nays: Councilmembers Bloom, Bowling, and Russell. Abstained: Councilman Suinn (Secretary's Note: An abstained vote is counted as an affirmative vote, motion passed) Resolution Adopted Approving Addendum to Agreement with Union Pacific Railroad Company Leasing a Park Site on Jefferson to the City The City Manager's memorandum regarding this matter is as follows: "This resolution will approve an addendum to the existing agreement under which the Union Pacific leases the park site on Jefferson adjoining the old Union Pacific Depot to the City. Under the previous agreement the Union Pacific pays the water bill which represents -161- water for the park site and the old depot. This caused substantial difficulties with the present tenant of the old depot and there does not appear to be any justification for including the cost of watering the park in his lease. The addendum will change this and make the City responsible for the cost of watering the park." Councilman Bowling made a motion, seconded by Councilman Wilkinson to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St. Croix, and Suinn. Nays: Councilman Wilkinson. 77-40 RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN ADDENDUM TO AN AGREEMENT DATED MAY 3, 1974, BETWEEN THE UNION PACIFIC RAILROAD COMPANY AND THE CITY OF FORT COLLINS FOR THE LEASE OF CERTAIN PREMISES TO THE CITY AS A PARK WHEREAS, Union Pacific Railroad Company has tendered to the City of Fort Collins, Colorado, an addendum (hereinafter the agreement) amending contract dated May 3, 1974, covering the leasing to the City of certain premises of the Railroad Company at Fort Collins, Larimer County, Colorado, to be used as a park; the addendum providing for substitution of print and amending Section 18A; such agreement being identified in the records of the Railroad Company as its C.D. No. 39591-3; and WHEREAS, the Council of the City of Fort Collins has said proposed agreement before it and has given it careful review and consideration; and WHEREAS, it is considered said City of Fort Collins will of said agreement. that the best interests of be subserved by the acceptance NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms of the agreement submitted by Union Pacific Railroad Company as aforesaid be, and.the same are hereby, accepted in behalf of said City; and BE IT FURTHER RESOLVED that the Mayor of said City is hereby authorized, empowered and directed to execute said agreement on behalf of said City, and that the City Clerk of said City is hereby authorized and directed to attest said agreement and to attach to each duplicate original of said agreement a certified copy of this resolution. 1 41 -162- Passed and adopted at a regular meeting of the City Council held this 17th day of May, A.D. 1977. r ATTES' C tyCer Other Business 1) Councilman Bowling stated that he turned a letter over to Mr. Brunton from Mr. Moe Mekelburg on behalf of the Larimer County Fair requesting to use the mobile showmobile at the Fairgrounds for their fair performance. 2) City Manager Brunton requested that Council allow time at the work session on May 31st for a report from Stan Case on the costs of conversion from Public Service Sompany and REA to City electricity. Adjournment The Mayor adjourned the meeting to May 31, 1977, at 1:30 P.M. The meeting was adjourned at 11:25 P.M. I ATTEST: Ci Clerk 1 -163-