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HomeMy WebLinkAboutMINUTES-11/07/1974-RegularNovember 7, 1974 COUNCIL OF THE CITY OP FORT COLLINS, ;:OLORADO Council -Manager Form of Government Regular Meeting - 5:30 P.M. Present: Council members Bowling, Gray, Preble, Reeves, Russell, and, Wilkinson. Absent: Mayor Fead Staff members present: Brunton, DiTulli.o, Parsons, Deibel, and Lewis. Also: City Attorney March, Jr. Minutes of Regular Meeting of October 17, 1974 and Special Meeting of October 24, 1974 approved Assistant Mayor Gray inquired if there were corrections to the minutes; hearing none she declared the minutes approved as published. Ordinance adopted on second reading adopting the 1973 Building Code City Attorney March stated if Council desired to amend the ordinance, deleting the provisions of the 1974 Building Code establishing the plan checking fee, it could be accomplished by a motion to make the changes outlined in his memorandum to the Manager of November 4, 1974. Councilwoman Reeves stated she would like to go ahead now since no changes were made in 1970. Councilman Wilkinson spoke in favor of the proposed amendment. Councilman Wilkinson made a motion seconded by Councilman Russell to amend Ordinance No. 51, 1974 by making the changes outlined. Yeas: Councilman Wilkinson. Nays: Council members Bowling, Gray, Preble, Reeves, and Russell. Councilwoman Preble made a motion seconded by Councilwoman Reeves to adopt Ordinance No. 51, 1974 on second reading. Yeas: Council members Bowling, Gray, Preble, Reeves, and Russell. Nays: Councilman Wilkinson. ORDINANCE NO. 51, 1974 BEING AN ORDINANCE RELATING TO THE REGULATION OF ERECTION, CONSTRUCTION, ENLARGEMENT, A:TERATION, REPAIR, MOVING, REMOVAL, CONVERSION, DEMOLITION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AR -A AND MAINTENANCE OF BUILDINGS OR STRUCTURES IN THE CITY OF FORT COLLINS, COLORADO, A.DOPTIAG BY REFERENCE THERETO THE UNIFORM BUILDING CODE, 1973 EDITION, OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, TOGETHER WITH THE UNIFORM BUILDING CODE STANDARDS, 1973 3DITION; REPEALING ALL ORDINANCES OF THE CITY 0" FORT COLLINS, COLORADO, IN CONFLICT OR iiJCOivSiSTLtQT THEREWITH AND PROVIDING A PENALTY FOR VIO:ATION OF THE PROVISIONS OF SAID BUILDING CODE 1 1 189 BE IT ORDAINED BY THE" COUNCIL OF THE CITY OF FORT COLLINS: Section 1. Adoption. Pursuant to the power and authority conferred j. on the City Council of the City of Fort Collins by Chapter 139, .Article 34, ' Colorado Revised Statutes, 1963, as amended, and Article II, Section 7 of the Charter of the City of Fort Collins, there is hereby adopted as the Building Code of the City of Fort Collins, by reference thereto, the Uniform Building Code, 1973 Edition, together with the Uniform Building Code Standards, 1973 Edition, published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California, 90601, all to have the same force and effect as if set forth herein in every particular. The subject matter of the adopted codes includes comprehensive provisions and standards regulating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, C area and maintenance of buildings and structures for the purpose of protecting the public health, safety and general welfare. Section 2. Amendments and Deletions. The Uniform Building Code, 1973, hereby adopted is hereby amended and changed in the following respects: a. Section 204 thereof is hereby deleted and the following sub- stituted therefor: "Sec. 204(a). In order to determine the suitability of alternate materials or alternate methods of con- struction and to provide for reasonable interpretations ' of the provisions of this Code, there shall be and is hereby created a Building Board of appeals consisting of five (S) members who are qualified by experience and training to pass upon matters pertaining to building construction. In addition to such five members, the Chief Building Inspector and the Chief of the Fire Prevention Bureau shall be ex officio members of the Board without vote. The Chief Building Inspector shall act as Secretary of the Board. "Sec. 204(b). The five (S) members of the Building Board of Appeals shall be appointed by the Ci:y Council and shall serve for a term of. four years (4) at the pleasure of the Council. Members shall serve without pay. The appointment of any member may be terminated for non- attendance to duties and for cause. Tha members of the Building P.oard of Appeals heretofore in existence are hereby appointed as members of the Buil,ling Board of Appeals herein created to serve until t:ieir terms on the said former Building Board of appcais would have expired. "Sec. 204(c). Whenever the Chief Building Inspector or other administrative official of the City charged with ' the enforcement of building regulations (but specifically not to include the zoning laws of the City of Fort Collins) refuses to issue a building permit for the reason that the 1.90 g.F,1 proposed building or structure does net Comply with the �1• building regulations of the City, the person applying for the permit may file with the Building Board of Appeals a request for relief from the decision of the Chief Building Inspector, stating that the refusal to issue the building permit to him was based on an erroneous interpretation of the building regulations. The Building Board of Appeals shall hear and decide all appeals made to it and shall have the duty to authorize and direct the Chief Building Inspector to issue a permit only under the following circumstances: "(1) 14hen the Board determines that the interpreta- tion of the building regulations of the City by the Building Inspector was in fact erroneous. "(2) When the Board determines that the alternate design, alternate materials, and/or alternate methods of construction requested by the applicant are in fact equivalent to those prescribed by the Code considering quality, strtui�;tih, ri'fectiveness, fire resistance, durability, safety and all other pertinent factors. "Sec. 204(d). The Building Board of Appeals shall require that sufficient evidence or proof be submitted to substan- tiate nny claims that may be mreL:e ;.:gardln. the design, alternate materials or alternate methods. Unless specifically extended by the Board, the authorizction for any variance shall be valid for not more than six (6) months from the date granted. "Sec. 204(e). Persons desiring to appeal a decision of the Chief Building Inspector to the Building Board of Appeals shall, at the time of making such appeal, nay to the Director of Finance a docket fee in the amount of Ten Dollars ($10.00). Written notice of hearings shall be given to all parties concerned at least three (3) days prior to the hearing or -.by mailing the same to such party's last known address by regular mail. The Board shall from time to time adout such additional rules and regulations as it deems necessary and advisable for the conduct of its hearings and for carrying out the provisions hereof. "Sec. 204(f). A quorum of three (3) regularly appointed members shall be necessary for any meeting of the Building Board of Appeals and the affirmative vote of at least three (3) regularly a?pointed members shall be necessary to authorize any action of the Board. The said Board may exercise any power or perform any duty regardless of whether the number of qualified members appointed to the Board shall at any time be less than five (5)." b. Table No. 3-A entitled Building Permit Fees, contained in Section 303(a) is amended by deleting therefrom the first line of said table which reads as follows: " TOTAL VALUATION " $1.00 to $500.00 FEE $5.00 " 1^h and by substituting therefor the following: 4 L" .sn W 1 1 " TOTAL VALUATION "Less than $20.00 $20.00 to $500.00 FEE ' No fee -Permit is required $5.00 " c. Section 407 is amended by deleting therefrom the definition of family and by substituting therefor the following: "FAMILY is an individual or two or more persons related by blood or marriage or an unrelated group of not more than three persons living together in a dwelling unit." (All of the other definitions in Section 407 remain unchanged. d. Section 1310(a) is araended by adding at the end thereof the following; "Whenever practical such detectors shall be operated from the electrical wires of the structure in preference to batteries. e. Section 1413 is amended by adding at the end thereof the following: "Whenever practical such detectors shall be operated from the electrical wires of the structure in preference to battc:ics. f. Section 1707 is amended by inserting new sections (b) and (c) as follows: "(b) General. Mechanical units, ducts, piping or structures shall not be installed, replaced or reset on roofs without being properly supported by curbs, pads, bases, or piers which shall be fl:�shod to the roofing in a watertight manner. All un:supported sections of mechanical equipment shall be a minimum of twelve inches (12") above the plane of the root` so that they will not obstruct the re -roofing process. Mechanical units shall mean heating, air handling, refrigeration and ventilating equipment including fan::, blowers and similar types of equipment. Units shalt. be so located that proper drainage from the roof will not be blocked or impeded. "(c) h'eatherproofing Roof Openings. Roof openings surrounded by curbs shall be sheati:ed ove: solid and covered with a minimum of 26 gauge metal or equal. All seams and mitre corners shall be riveted and soldered in a watertight manner. Such curbs shall be a minimum of nine (9) inches in height." and by relettering the existing sections (b) and (c) as (d) and (e), respectively. g. Section 1711(b) is amended by changing Exception 1 contained therein to read as follows: 192 P, W43 "1. In Group I and J occupancies the access and clear width of water closet compartments may be 30 inches and the clear space in front of the toilet stool may be 24 inches. Grab bars need not be provided in such occupancies nor in Group H occupancy apartment houses." h. Section 1716 is changed and amended to read as follows: "Sec. 1716. All unenclosed floor and roof openings, open and glazed sides of landings and ramps, balconies or porches which are more than 30 inches above grade, and roofs used for other than service of the building shall be protected by a guardrail. Guardrails shall be not less than 42 inches in height. Open guardrails, stair and ramp railings shall have intermediate rails or an ornamental pattern such that a sphere nine (9) inches in dianoter cannot pass through. The height of stair railings on the open sides of the stairs may be as specified in Sec. 330S(i) in lieu of guardrails. Ramps shall, in addition, have handrails as required by Sec. 3306(e). "Exceptions: ' "(1) Guardrails need not be provided on the loading side of loading docks. "(2) In group I and J-1 Occupancie3 handrails may be raised to 36 inches above the nosing of treads. "(3) In group I and J-1 Occupancie3 guardrails may be lowered to 36 inches in height. 11(4) Interior guardrails within individual dwellings or guest units of group H occupancies may be 36 inches in height. i. Section 2305(c) is amended by adding the following sentence at the end of the second paragraph thereof: "Design snowloading shall be thirty (30) pounds per square foot." j. Table 29-A--entitled "Foundations for Stud Bearing Walls -- Minimum Requirements, which follows Section 2909 is amended to read as follows: loz :n . 1 1 1 TABLE NO. 29-A--FOUNDATIONS FOR STUD BEARING WALLS --MINIMUM REQUIREMENTS (Number of Stories Thickness of Foundation Wall (Inches) Width of Footing (Inches) Thickness of Footing (Inches) Depth of Foundation Below Natural Surface of Ground and Finish Grade Inches Concrete Solid —LTn—it Masonry 1 8 8 1 36 8 30 2 1 8 8 20 10 30 3 1 10 10 24 12 30 "Note: For the purposes of Table 29-A only, 1 story means 1 roof load plus 1 floor load; 2 stories means 1 roof load plus 2 floor loads; 3 stories means 1 roof load plus 3 floor loads." k. Section 3208 is amended by deleting therefrom the figures and letter "1707(b)"and by substituting therefor the figures and letters 111707(d)" 1. Section 6003 and Section 6004 are hereby deleted. M. Chapter 70 in the Appendix and all tables and figures pertaining thereto are hereby deleted. Section 3. Definitions. a. Wherever the word "municipality" or 'city" is used in the Uniform Building Code, it shall be held to mean the City of Fort Collins. b. Wherever the word "building official" is used in the Uniform Building Code, the term shall be held to mean the City Building Inspector, which term shall be synonymous with the Chief Building Inspector and .shall include all his designated representatives. Section 4. The following sections of the Uniform Building Code contain a penalty clause which is herewith set forth in full as required by Chapter 139, Article 34, Section 4, of the Colorado Revised Statutes, 1963, as amended, and Article II, Section 7 of the Charter of the.City of Fort Collins, to -wit: "Sec. 205. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause the sai:;e to be done, contrary to or in violation of any of the provisidns of this Code. 194 "Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more then Three Hundred Dollars ($300.00) or by imprisonment of not more than Ninety (90) days, or by both such fine and imprisonment." Section S. Fire Zones. Section 38-6 through 38-8 of the Code of the City of Fort Collins establishing fire zones are hereby made applicable to the Uniform Building Code herein adopted; and the fire zones therein created shall be the fire zones referred to in part IV of said Uniform C:ii iding Code. Section 6. A public hearing on the adoption, by reference thereto of the Uniform Building Code, 1973 Edition, of the International Conference of Building Officials along with the amendments thereto and together with the Uniform Building Code Standards, 1973 Edition of the International Conference of Building Officials be, and the same hereby is, scheduled in the Council Ch:naL :s, City 11all, 300 LaPorte Avenue, Fort Collins, Colorado, at 5:30 o'clock P.M. on the 17th day of October, A.D. 1974, and the City Clerk is hereby directed to publish notice of said public meeting in the manner and style pursuant to the requirements of Chapter 139, Article 34, Section. 3, Colorado Revised Statutes, 1963, as amended, and Article II, Section 7 of the Charter of the City of Fort Collins. Section 7. At least three copies of the Uniform Building Code, 1973 Edition, Volume 1, and the Uniform Building Code Standards, 1973 Edition, shall be on file in the office of the City Clerk of the City of Fort Collins, Colorado, at least fifteen (15) days preceding the date set herein and may be inspected by any interested persons during normal 3usiness hours. After the public hearing thereon and final reading and adoption by reference, the Building Code as finally adopted shall be available for sale to the public through the office of the City Clerk at a price not to exceed the City's actual costs. Section 8. If any part, section, subsectioi, sentence, clause or phrase of this ordinance or of the Building Code adopted hereby is for any reason held to be invalid, such decision shall not affect the validity of the remaining sections of this ordinance or of said Building Code; and the City Council hereby declares that it would have passed this ordinance and adopted said Building Code in each part, section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more parts, sections,subsections,sentences, clauses or phrases be declared invalid. 1 7.95 r- Section 9. Section 38-1 through 38-5 inclusive, of the Code of the City of Fort Collins are hereby repealed; provided, however, that the ' repeal of said ordinance shall not revive any other section of any ordinance or ordinances heretofore repealed or superseded and provided further that such repeal shall not make lawful any violation of the ordinances hereby repealed and provided further that construction under any building permit heretofore taken out under the ordinance herein repealed may be continued in conformance with such repealed ordinance or if the owner thereof elects in conformance with the ordinance herein enacted. 1 1 Introduced, considered favorably on first reading and ordered published this 19th day of September, A.D. 1974, and to be presented for final passage on the -7th day of November, A.D. 1974. ATTEST: Passed and adopted on fina A.D. 1974. ATTEST: 7C�ty�Cleik—��wwi� Assistant Mayor First Reading: September 19, 1974 (Vote: Yeas: 7, Nays: 0) Second Reading: Novemberr7,7, 1974 (Vote: Yeas: S, Nays: 1) Publseptember 24t/7 " '4 and November 12, 1974. Attet Attes• City Clerk Ordinance adopted on second reading creating Storm Sewer Improvement District No. 16 City Attorney March stated he would call the letter from Mr. Alden Hill to their attention, relating to the feeling of the Hospital District that they can handle their own storm waters without use of the facilities the City is talking about constructing and apparently the City does not disagree with that but the City would require them to prove that; this item has not been resolved. Further, if the Hospital District did make such provisions it might possibly through that portion of the cost that would be paid for by the Hospital District lands into the general City obligations rather than the putting it on the other property holders. This will be accomplished at the time of assessment. Councilman Russell made a motion seconded by.Councilman Bowling to adopt Ordinance No. 56, 1974 on second reading. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: .None. ' ORDINANCE No. 56, 1974 BEING AN ORDINANCE RELATING TO THE CREATION AND ORGANIZATION OF STORM SEWER IMPROVE14ENT DISTRICT NO. 16, PROVIDING FOR THE CONSTRUCTION OF IMPROVE- MENTS THEREIN. WHEREAS, heretofore the necessary proceedings were instituted to create a special improvement district for the purpose of installing the improvements described on Exhibit "A" attached hereto (hereinafter sometimes referred to as "the improvements") for the benefit of the property described on Exhibit "A"; and WHEREAS, the City Council has received the necessary reports, and given the required notice of intent to form such District, and pursuant to notice duly given, a hearing on the formation of said District was held by the City Council on May 2, 1974, which hearing was duly continued to May 16, 1974, and which hearing was again duly continued to this date, and WHEREAS, as a result of the protests and other informa- tion received at said hearing, the City Council has directed the City Engineer to make certain changes in the plans for said District, which changes have been made and approved by the City Council, and WHEREAS, the City Council is of the opinion that it is in tlYe best interests of the City of Fort Collins to form said special improvement district. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That there is hereby created and organized an improvement district under and by virtue of the provisions of Chapter 16 of the Code of the City of Fort Collins, to be known as Storm Sewer Improvement District No. 16 (hereinafter sometimes referred to as "the district") comprised of the property described on Exhibit "A" attached hereto. Section 2. That the improvements to be constructed shall consist of the improvements described on Exhibit"A" attached hereto, all as more fully set forth in the map, plans and specifications heretofore submitted by the City , Engineer and accepted by the City Council by resolution. 197 Z N QG W W 1 Section 3. That the total cost of such improvements shall not exceed by more than five per cent (t$) the City Engineer's estimate heretofore accepted of $229,848.22, exclusive of the expense of collection, legal, advertising, engineering, financing, interest during construction and other incidentals, and that said total cost together with such expense of collection, legal, advertisinc, engineering, financing, interest during construction and other incidentals (17% of the cost of such improvements) shall to assessed against the property in said district in the manner set forth on Exhibit "A" attached hereto in accordance with the provisions of Chapter 16 of the Code of the City of Fort Collins. Section 4. That the City Council has, pursuant to notice duly mailed and published, all as provided in Chapter 3.6 of the Code of the City of Fort Collins, considered all complaints and objections made and filed in writing by the owners of any real estate to be assessed or any persons interested; and the City Council further finds that all requirements of the ordinances of the City of Fort Collins respecting the organization of the district have been observed and complied with in all respects; and it is hereby ordered that the improvements in the district as provided for in the map, plans and specifications heretofore adopted by the City Council be and they hereby are ordered to be constructed. Section 5. Upon the taking effect of this ordinance, the Mayor is hereby authorized and empowered to advertise for bids for the construction of the improvements in accord- ance with the map, plans and specifications heretofore adopted, which advertisement shall be twice published in an offic.ial newspaper published in the City. Said publications are to be at least a week apart, and the date for opening of bids shall not be less than ten (10) days after first publica- tion, and bids received under said advertisement shall be submitted to the Council for approval or rejection. Adver-. tisements for bids shall comply with the requirements and be in accordance with the provisions of Chapter 16 of the Code of the City of Fort Collins. Section 6. When the improvements herein authorized have been completed and the same approved and acepted by the City of Fort Collins, the costs as set forth above shall be assessed upon the real property in said improvement district, all as hereinbefore set forth. Section 7. This ordinance shall the indebtedness herein provided for., shall be created, shall have been duly discharged as herein provided. be irrepealable until whenever the same paid, satisfied and a Introduced, considered ordered published this 17th presented for final passage 1974. favorably on first reading, and day of October, 1974 and to be on the 7th day of November, or � 1 ATTEST: City Cler Passed and adopted November, A.D. 1974. ATTEST: 7,1 Ci j C erk on final reading this 7th day of EXHIBIT A ORDINANCE NO. 56, 1974 STORM SEWER IMPROVEMENT DISTRICT NO. 16 A. Description of property specially benefitEd by the improvements to be installed in the district z.nd to be assessed for the costs incurred in making said improvements: A tract of land, situated in Section 18, Township 7 North, Range 68 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado, which considering the West line of said Section 18 as bearing North and South and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point on the South line of said Section 18 which bears East 553.01 feet from the South 1/4 corner of said Section 18, said point also being on the centerline of La Plata Avenue Right -of -Way; Thence North 384.7 feet; Thence West 315.0 feet to the centerline of Pikes Peak Avenue Right-of-way; Thence South 171.87 feet to the Center line of East Lake Street Right -of -Way; 1 L 199 Thence along the arc of a 301.37 foot radius curve to the right a distance of 156.60 feet the long chord ' of which bears N 69°39'24" W 152.24 feet; Thence along the arc of a 241.37 foot radius curve to the left a distance of 147.33 feet the long chord of which bears N 72130'48" W 145.05 feet; Thence West 78.5 feet to the centerline of Longs Peak Drive Right -of -Way; Thence North 176.3 feet; Thence West 180.0 feet to the Northwest corner of lot 19 of the Prospect Estates Subdivision; Thence North 144.82 feet to the Southwest corner of lot 21 of the Prospect Estates Subdivision; v Thence West 180.0 feet to the centerline of the `Oc Meeker Drive Right -of -Way; L� Thence South 47.78 feet; Thence West 180.14 feet to the Southwest corner of a: lot 6 of the Prospect Estates Subdivision; Thence North 322.34 feet to the Southeast corner of lot 146 of Highlander Heights 7th Subdivision; Thence N 84025' W 139.97 feet along the South property line of said lot 146 to the centerline of Alford Street Right-of-way; Thence along the arc of a 110.0 foot radius curve to the left a distance of 8.96 feet the long chord of which bears N 02023' E 8.92 feet; ' Thence North 178.43 feet; Thence S 86°57'40" W 149.64 feet to the Southwest corner of lot 153 of highlander Heights 7th Subdivision; Thence N 13°06' W 61.71 feet to the southeast corner of lot 52 of Highlander Heights 1st Subdivision; Thence S 61031' W 151.11 feet to.th=_ centerline of the Emigh Street Right -of -Way; Thence N 10°55'36" W 232.28 feet; Thence S 89°45'10" W 168.06 feet to the NW corner of lot 37 of Highlander Heights 1st subdivision; Thence S 89031' W 1264.30 feet to the West line of said Section 18, said West line also being the center line of the Lemay Street Right -of -Way; Thence North along said West line 832.37 feet to the center line of Doctors Lane; Thence N 89058'30" E 244.99 feet to the center line of Hospital Lane: Thence North 121.49 feet; Thence S 89°15' W 245.00 feet to the West line of Section 18; Thence North along said West line 368.00 feet to the West 1/4 corner of said Section 18; Thence North along said West line 1334.12 feet to a point, said point being the intersection of said West line with the existing City Limits Line along the North- east side of Riverside Drive; Thence South 49024' East 369.5 feet along said City Limits Line; 200 col Thence along the arc of a 1121.00 foot radius curve to the left a distance of 314.84 feet, the long chord of which bears S 57026145" E 313.80 feet, along said City Limits Line; Thence along the arc of a 741.30 foot radius curve to the right a distance of 214.75 feet, the long chord of which bears S 57°11'30" East 214.00 feet along said City Limits Line; Thence S 61032' E 2095.17.feet to a point, said point being the most westerly Northwest corner of the 1st Lemay Annexation to the City of Fort Collins and the most Northerly Northeast corner of the East Prospect Street 1st Annexaton to the City of Fort Collins; Thence S 61032'20" E 730.24 feet along the existing City Limits Line: Thence along the arc of a 1587.28 feet radius curve to the right a distance of 1703.30 feet, the long chord of which bears S 30047150" E 1622.71 feet, along said City Limits Line; Thence S 00003120" E 680.43 feet to the South line of said Section 18, this point bears West 1183.40 feet from the southeast corner of said Section 18; Thence West along said South line 918.00 feet to the point of beginning. B. Improvements to be installed in the distract consist of: The installation of storm sewer lines to provide storm drainage for properties in the district and to carry off storm waters from properties in the district. C. The cost of making the improvements in the district shall be assessed against the assessable property in the district as follows: Upon all of the real estate in the District, exclusive of streets and alleys, respectively in porportion as the area of each piece of real estate in the District is to the area of all of the real estate in the District, exclusive of streets and alleys, except that the area of each parcel of real estate in the District shall be adjusted based upon the developed uses of such parcel (or if the parcel is not developed, upon the present zoning of such parcel) in accordance with the following: Developed Uses (or Zoning) Single Family Residence (R-L Zoning) Factor by which Area is Multiplied 1 1 1 201 Single Family Residence .75 ' with Lot area of more than 16,000 square feet 2, 3 and 4 Unit 1.25 Residential Dwellings (R-P Zoning) Businesses permitted in 1.5 City Business Zones (B-P Zoning) v Apartments with more than 1.625 4 Dwelling Units, Commercial M and Light Industrial Uses i-) permitted in C-Commercial and �= Limited Industrial Zones (RMP, R-H, C and I-L Zoning) Industrial Uses permitted 1.875 in General Industrial Zone (I-G Zoning) The total adjusted area of the various parcels in the District shall be considered as the total area of the District for the purpose of :raking assess- ' ments and each parcel shall be asse:3sed upon the basis of its adjusted area. First Reading: October 17, 1974 (Vote: Yeas: 7, Nays: 0) Second Reading: November 7, 1974 (Vote: Yeas: 6, Nays: 0) Published: ober 22, 197 nd November 12, 1974 Attest. C �� City Clerk Ordinance adopted on second reading zoning unzoned lands Councilwoman Reeves made a motion seconded by Councilman Bowling to approve Ordinance No. S7, 1974 on second reading. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. ORDINANCE NO. 57, 1974 BEING AN ORDINANCE AMENDING CHAPTER 118 OF THE CODE OF THE CITY OF FORT COLLINS, COMMONLY KNOWN AS THE ZONING ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE WEST MULBERRY FOURTH ANNEXATION, THE SOUTH SHIELDS FOURTEENTH ANNEXATION, THE EDORA PARK FIRST ANNEXATION, THE EDORA PARK SECOND ANNEXATION, THE EDORA PARK THIRD ANNEXATION, THE FOOTHILLS SECOND ANNEXATION AND A PORTION OF THE. WEST PROSPECT SECOND ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO `2n2 t BE IT ORDAINED BY THE COUNCIL OF THE CITY nF FORT COLLINS: Section 1. That the Zoning District Map adopted by ' w Chapter 118 of .the Code of the City of Fort Collins, be.and the same hereby is changed and amended by including the property below described in zoning districts as hereinafter a indicated, to -wit: The following portion of the West Prospect Second Annexation Considering the South line of Section 16, Township 7 North, Range 69 West of the 6th P.M. as bearing S 89141' E and with all bearings contained herein relative thereto begin at a point which bears S 89°41' E 398.62 feet from the South 1/4 corner of said Section 16, thence S 89041' E 250.03 feet; thence N 0006'30" W 572.65 feet, thence N 89041' W 328.65 feet, thence N 00°6'30" W 746.20 feet; thence S 89041' E 746.16 feet, thence S 0006130" E 716.20 feet, thence S 89041' E 82.49 feet, thence S 0006'30" E 632.65 feet, thence N 89041' W 446.26 feet, thence S 00019' W 450 feet, thence N 89041' ' W 304 feet, thence N 00019' E 480.00 feet to the point of beginning; except begin at a point which bears S 89041' E 708.65 feet from the South 1/4 corner of said Section 16-7-69, thence N 0006130" ___W_572.65 feet., thence S 89041'_E 315.00 feet, thence S 0006130" E 572.65 feet, thence N 89041' W 315.00 feet to the point of beginning. in the R-L Low Density Residential District. All of the West Mulberry Fourth Annexation, the South Shields Fourteenth Annexation, the Edora Park First Annexation, the Edora Park Second Annexation and the Edora Park Third Annexation in the R-L Low Density Residential District. All of the Foothills Second Annexation in the R-M Medium Density Residential District. Section 2. The City Engineer is hereby authorized and directed to amend said Zoning District Map in accordance ' with this ordinance. 203 Introduced, considered favorably on first reading, and ordered published this 17th day of October, A.D. 1974, and to be presented for final passage on the 7th day of November, A.D. 1974. Passed and adopted on final reading this 7th day of November, A.D. 1974. ATTEST: Ci-fy Clerk First Reading: October 17, 1974 (Vote: Yeas: 7, Nays: 0) Second Reading: November 7, 1974 (Vote: Yeas: 6, Nays: 0) Publish d: ober 22, 19 and November 12, 1974 Attes City Clerk Annual Appropriation Ordinance adopted on first reading Councilman Bowling made a motion seconded by Councilman Wilkinson to adopt Ordinance No. 58, 1974 on first reading. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. Resolution adopted adopting the report of the City Engineer on Street Improvement District No. 70 City Clerk, Verna Lewis, read the resolution at length. ' Councilman Wilkinson inquired if the districtincluded the bridge. City Engineer Don Parsons stated that the bridge was included in the district. 204 Councilman Bowling made a motion seconded by.Councilman Wilkinson to adopt the resolution. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. RESOLUTION 74-91 a OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPT- ING THE REPORT OF THE CITY ENGINEER ON THE ESTI- MATES, COSTS AND ASSESSMENTS FOR STREET, WATER AND SANITARY SEWER DISTRICT NO. 70, APPROVING THE DETAILS AND SPECIFICATIONS FOR SUCH PROPOSED DISTRICT, DETERMINING THE AMOUNT OR PROPORTION OF THE TOTAL COST TO BE PAID BY A METHOD OTHER THAN ASSESSMENTS AGAINST PROPERTY IN THE DISTRICT, THE NUMBER OF INSTALLMENTS AND THE TIME WITHIN WHICH THE COST OF THE IMPROVEMENTS ASSESSED AGAINST PROPERTY IN THE DISTRICT WILL BE PAYABLE, THE RATE OF INTEREST TO BE CHARGED ON UNPAID INSTALLMENTS, THE PROPERTY TO BE ASSESSED FOR THE IMPROVEMENTS, THE METHOD OF MAKING SUCH ASSESSMENTS, AND THE DATE WHEN THE COUNCIL WILL HOLD A HEARING AND CONSIDER THE ORDERING BY ORDINANCE OF THE PROPOSED IMPROVEMENTS WHEREAS, heretofore the City Council by resolution directed the City Engineer to make a complete survey of proposed Street, Water and Sanitary Sewer District No. 70, including the preparation of a map, plans and specifications, and estimate of cost of the improvements in said proposed district; and WHEREAS, the City Engineer has made his report and has presented the details and specifications for the proposed district. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the report, plans, specifications, map and estimate as presented by the City Engineer for said district be and the same hereby are accepted and approved. 1 n 205 ' t Section 2. The following amount or proportion of the total cost of such improvements shall be paid by the City at large and not by assessments against property in the district, to -wit: $42,540.00. Section 3. The property to be assessed for the improve- ments shall be as follows: All property abutting Swallow OG Lf: Drive from College Avenue west to the railroad tracks of the Ga Colorado and Southern Railway Company. Section 4. Assessments for the cost of installing the improvements in the district will be made as follows: Upon all of the lots and lands abutting on the portion of Swallow Street to be improved in proportion as the frontage of each lot or -tract of land is to the frontage of all lots and lands so improved. Section 5. Said assessments shall be payable in ten (10) equal annual installments, with interest on the unpaid installments at the rate of six percent (6%) per annum. Section 6. That on the 19th day of December, 1974, at the hour of 5:30 o'clock P.M., or as soon thereafter as the matter may come on for hearing, in the Council Chambers of the City Hall, City of Fort Collins, is the date on which the Council of the City of Fort Collins will consider the ordering by ordinance of the proposed improvements and hear all complaints and objections that may be made and filed in 206 writing concerning the proposed improvements by the owners of any real estate to be assessed or any persons interested generally. ' Section 7. The City Clerk be and she hereby is directed to give notice by publication and mailing to the owners of property to be assessed and to all interested persons generally, all as set forth in Chapter 16 of the Code of the City of Fort Collins. Passed and adopted at a regular meeting of the City Council held this.7th day of November, 1974. P Av) Ass-istant Mayor ATTEST: Cites NOTICE TO THE OWNERS OF PROPERTY TO BE ASSESSED IN STREET, WATER AND SANITARY SEWER DISTRICT NO. 70 AND TO ALL INTERESTED PERSONS OF THE KINDS OF IMPROVEMENTS PROPOSED, THE NUMBER OF INSTALLMENTS, AND THE TIME IN WHICH THE COST OF SUCH IMPROVEMENTS WILL BE PAYABLE, THE RATE OF INTEREST TO BE PAID ON UNPAID AND DEFERRED INSTALLMENTS, THE EXTENT OF THE DISTRICT TO BE IMPROVED, THE PROBABLE COST AND THE MAXIMUM COST TO BE ASSESSED, THE TIME WHEN THE CITY COUNCIL WILL CONSIDER ORDERING BY ORDINANCE THE PROPOSED IMPROVEMENTS AND HEAR COMPLAINTS AND OBJECTIONS, AND THAT A MAP OF THE DISTRICT AND DETAILS CONCERNING THE SAME ARE ON FILE AND CAN BE SEEN IN THE CITY CLERK'S OFFICE Public notice is hereby given to persons interested and to owners of property to be assessed in Street, Water and Sanitary Sewer District No. 70 that the kind of improvements ' 2n7 1 C J proposed for said district is The installation of curb, gutter, sidewalk, asphalt street pavement, street lighting, water lines and sanitary sewer lines, and that the cost of said improvements as assessed will be payable in ten (10) equal annual installments and that the rate of interest to be paid on unpaid and deferred installments will be six percent (6%) per annum and that the extent of the district to be improved is as follows: Swallow Drive from College Avenue west to the railroad tracks of the Colorado and Southern Railway Company, and that the probable cost of said improvements as shown by the total estimate of the City Engineer is $124,880.00, exclusive of the cost of collection, legal, advertising, engineering, financing, interest and other incidentals and that to said cost will be added an amount equal to thirteen percent (13%) of such cost to cover the expense of collection, legal and advertising, engineering, financing, interest during construction, and other incidentals and that assessments for the cost of such improvements within the district will be made as follows: Upon all of the lots and lands abutting on the portion of:Swallow Drive to be improved in proportion as the frontage of each lot or tract of land is to the frontage of all lots and lands so improved; and that the maximum cost to be assessed, exclusive of the cost of collection, legal and advertising, engineering, financing, interest during'construction, and other incidentals, is as follows: $61.45 per front foot, and that on the 19th 2.Dq . day of December, 1974, at the hour of 5:30 o'clock P.M., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, Fort Collins, Colorado, 1 is the date that the City Council will consider the ordering by ordinance of the proposed improvements and hear all complaints and objections that may be made and filed in writing by the owners of any property to be assessed or persons interested generally. All complaints or objections should be made in writing and filed in the office of the City Clerk in the City Hall before said date; and That a map of the district and estimates of cost, schedules showing the approximate amount to be assessed upon the several lots or parcels of land within the district and all proceedings of the City Council in the premises are on file and can be seen and examined in the City Clerk's office during business hours at any time before said hearing. Dated at Fort Collins, Colorado, this 7t1i day of November, A.D. 1974. Ci`y neik Resolution adopted authorizing the sale of certain real estate owned by the City Councilman Russell made a motion seconded by Councilman Wilkinson to adopt the resolution. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. RESOLUTION 74-92 OF THE COUNCIL OF THE CITY OF FORT COLI.INS AUTHORIZING THE SALE OF CERTAIN REAL PROPERTY OWNED BY THE CITY 1 209 - WHEREAS, title to the following described real property, situate in the County of Larimer, State of Colorado, to -wit: Two tracts of land located in the South 1/2 of the North 1/2 of Section 1, Township 7 Nori'.h, Range 69' West of the 6th P.M., which considering the West line of said Section 1 as bearing N 00000100" W and with all bearings contained herein relative thereto are more particularly described as follows: Parcel I. Beginning at the SE corner of Tract A as conveyed by deed recorded in Book 923 at Page 150 of the records in the office of the County Clerk and Recorder of Larimer County, reference U to which is hereby made for greater certainty, W thence N 00000123" W along the East boundary of W said Tract A parallel to the West line of the said SW 1!4 of the NE 1/4 447.4 feet, thence S 89044122" E parallel to the South line of said SW 1/4 of the NE 1/4 98.0 feet, thence S 00°00123" E parallel to the West line of said SW 1/4 of the NE 1/4 447.4 feet, thence N 89*44122" W parallel to the South line of the said SW 1/4 of the NE 1/4 98.0 feet to the true point of beginning, containing 1.007 acres ' more or less. Parcel II. Beginning at the SW corner of Tract A as conveyed by deed recorded in Book 923 at Page 1S0 of the records of the office of the County Clerk and Recorder of Larimer County, reference to which is hereby made for greater certainty, thence N 00000123" W along the West boundary'of said Tract A parallel to the East line of said NW 1/4 469.4 feet, thence N 89' 44122" W 103.0 feet, thence S 00*00123" E parallel to the East line of said NW 1/4 469.4 feet, thence S 890 44122" E parallel to the South line of said NW 1/4 103.0 feet to the true point of beginning, containing 1.110 acres more or less. is vested in the City; and WHEREAS, said lands were acquired by the City anticipating that the_same would-be ... needed_by the_United States Bureau of Reclamation for the installation of electric transmission equipment which will be of benefit to the City in that said Bureau of Reclamation supplies electricity to the City of Fort Collins; and WHEREAS, such property is not used nor intended to be used for municipal purposes nor secured for the purpose of being used for municipal purposes and it is in the best interests of the City of Port Collins that the same be sold and conveyed to the United States Bureau of Reclamation to be used for such purposes; and 210 2lr WHEREAS, the City has expended the sum of $12,300.00 in the acquisition of said lands and the United States Bureau of Reclamation has offered to pay to the City the sum of $12,500.00 for said lands. ' NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: 1. That the City Council hereby finds and determines that the lands described above are not used nor intended to be used for municipal purposes nor secured for the purpose of being used for municipal purposes y and that it is for the best interests of the City of Fort Collins that such lands be sold to the United States Bureau of Reclamation. 2. The conveyance of said lands to the United States Bureau of Reclamation for a consideration of $12,500.00 to be paid to the City is hereby authorized. 3. The Mayor and City Clerk are hereby authorized and directed _ to execute a proper deed of conveyance to said lands and to enter into an agreement for the sale of the same in accordance herewith. Passed and adopted at a regular meeting of the City Council held this 7th day of November, A.D. 1974. 1 ATTEST: Assistant Mayor ' % City Clerk Resolution adopted appointing a member to the Liquor Licensing Authority Councilman Wilkinson made a motion seconded by Councilwoman Reeves to adopt the resolution appointing Carlos'Seegmiller to the Liquor Licensing Authority. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. RESOLUTION 74-93 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING A MEMBER TO THE LIQUOR LICENSING AUTHORITY WHEREAS, Rosemarie Fentress, who was a member of the Liquor Licensing Authority, has resigned; and WHEREAS, the City Council desires to anpoinc Carlos Seegmiller I as a member of said Authority to fill the vacancy created by such resigna- tion. 211 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that Carlos Seegmiller be, and he'hereby is, appointed as a member of the City of Fort Collins Liquor Licensing Authority to fill ' out the unexpired term of Rosemarie Fentress on said Authority. Passed and adopted at a regular meeting of the City Council held this 7th day of November, A.D. 1974. 1 1 ATTEST: r i GAG ✓� �" '-�T Ai �-J City Clerk Resolution adopted appointing a member to the . Human Relations Commission Councilwoman Preble made a motion seconded by Councilwoman Reeves to adopt the resolution appointing Richard Yates to the Human Relations Commission. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. RESOLUTION 74-94 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING A MEMBER TO THE HUNM RELATIONS COMMISSION WHEREAS, G. L. Templer, who was a member of the Human Relations Commission, has resigned; and WHEREAS, the City Council desires to appoint Richard Yates as a member of said Commission to fill the vacancy cr,;ated by such resigna- tion. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that Richard Yates be, and he hereby is, appointed as a member of the City of Fort Collins Human Relations Commission to fill out the unexpired term of G. L. Templer on said Commission. Passed and adopted at a regular meeting of the City Council held this 7th day of November, A. D. 1974. ATTEST: City Clerk. Y 212 Easement from the Colorado State University Research Foundation for outfall line at Sewer Treatment Plant No. 2 approved Councilwoman Reeves made a motion seconded by Councilman Bowling to approve the easement from Colorado State University Research Foundation. .Yeas: Council members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. Resolution adopted approving an agreement with the Colorado & Southern Railway Company City Manager, Robert Brunton, stated there was an error in the resolution. Councilwoman Reeves made a motion seconded by Councilman Wilkinson to delete the phrase at the end of the first paragraph, striking after the word "crossing" the words "with West Prospect Street in the City." Yeas: Council members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. Councilman Bowling made a motion seconded by Councilman Russell to adopt the resolution as amended. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. RESOLUTION 74-95 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT WITH THE COLORFDO AND SOUTHERN RAILWAY COMPANY WHEREAS, it is necessary that the City of Fort. Collins install an electric transmission line under the right-of-way of the Colorado and Southern Railway Company at its crossing; and WHEREAS, an agreement has been prepared to be entered into between the City of Fort Collins and the Colorado and Southern Railway Company per- mitting such installation; and WHEREAS, said agreement has been approved by the City Attorney and the City Manager and the City Council now desires to approve the same. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of said agreement be, and the same hereby are, accepted and approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they hereby are, authorized and directed to execute said agreement for and on behalf of the City of Fort Collins. 1 1 I I 213 . 1 1 Passed and adopted at a regular meeting of the City Council held this seventh day of November, A.D., 1974. _ ATTEST: CiO Clerk Power line easement from Poudre School District R-1 approved Councilman Wilkinson made a motion seconded.by Councilman Wilkinson to approve the easement. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. Power line easement from Claude Barrett et ux approved Councilman Russell made a motion seconded by Councilwoman Reeves to approve the easement. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. Power line easement from Edward Vance et ux approved Councilman Russell made a motion seconded by Councilman Wilkinson to approve the easement. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. Right of way from North Poudre Irrigation Company for surface drainage lines at Sewage Treatment Plant No. 2 approved Councilwoman Preble made a motion seconded by Councilman Bowling to approve the easement. Yeas: Council members Bowling, Gray, Preble, Reeves, and Wilkinson. Nays: None. (Councilman Russell out of room) Agreement with Hill Pond Development Corporation approved Councilwoman Preble made a motion seconded by Councilwoman Reeves to accept ' the agreement, recognizing that this agreement was authorized by the Council some time ago, and giving it formal approval. Yeas: Council members Bowling, Gray, Preble, Reeves, and Wilkinson. Nays: None. (Councilman Russell out of room) 1.4 I A 5 Easement and license from the North Poudre Irrigation Company for outfall line at Sewage treatment Plant No. 2 approved ' Councilman Wilkinson made a motion seconded by Councilwoman Preble to approve the+easement. Yeas: Council members Bowling, Gray, Preble, Reeves, and Wilkinson. 'Nays: None. (Councilman Russell out of room) Dedication deeds from Wheeler Realty Company for utility line rights -of -way approved Councilwoman Preble made a motion seconded by Councilwoman Reeves to approve the two dedication deeds. Yeas: Council members Bowling, Gray, Preble, Reeves, and Wilkinson. Nays: None. (Councilman Russell out of room) Final site plan and plat of Coachlight Plaza PUD 1st Filine denied Planning Associate Paul Deibel identified the area in question and stated the proposal under consideration was for 96 moderately priced apartment units in four, two -and -one-half story buildings on an eight -acre site. The preliminary plan has been reviewed by the Planning and Zoning Board; the open space is 62 per cent of total site and includes a significant portion of the lake/ retention pond. The staff recommendation was for approval with the incorporation of a permanent cul-de-sac into the filing and revision of the landscape plan as recommended by the City Arborist. Mr. Lyle Carpenter, developer for the area, spoke to the lake area and the ' cul-de-sac arrangement. Councilman Bowling made a motion seconded by Councilwoman Preble to deny the Final Site Plan and Plat of Coachlight Plaza PUD. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. Councilman Bowling made a motion seconded by Councilman Russell to instruct the Administration to work with the developer to make the desired changes in the final preliminary plan. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. Resolution adopted approving an agreement with the Mountain States Telephone and Telegraph Company for joint trench use Councilwoman Reeves made a motion seconded by Councilman Wilkinson to adopt the resolution. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. 74-96 RESOLUTION OF THE COUNCIL OF THE CITY OF 'ORT COLLINS APPROVING A FORA OF AGREEMENT 1'1I1FI h10UNIA[N STATES TELEPHONE AND TELEGRAPH CyvIPANY AND AUTHORIZING THE ' ELECTRIC UTILITY DIRECTOR OF T1-IE CITY TO iaF.CUTE SUCH AGREEMENTS AND THE CITY CLERK TO ATTEST TO SAnlE 215 ' WHEREAS, the Electric Utility of the City and the,Mountain Bell Tele- phone Company jointly share trenches in order to minimize the right-of-way need and reduce costs, and 1 1 WHEREAS, previously such joint trench use was accomplished informally and without written agreement, and WHEREAS, because of the increased use of joint trenches it is desirable that a'formal agreement pertaining to such joint use be established and used in connection there --with, and WHERE.AS, a form for such agreement has been prepared, which agreement has been approved by the City Manager and the City Attorney, and a copy of the same is attached hereto as an Exhibit, and WHEREAS, the Council desires to approve said agreement and authorize its execution, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the form of said agreement for joint trench use be, and the same hereby is, accepted and approved, AMID BE IT FURTHER RESOLVED, that the Electric Utility Director be, and he hereby is, authorized to execute such agreement for and on behalf of the City of Fort Collins with the same to be attested by the City Clerk. Passed and adopted at a regular meeting of the City Council held this seventh day of November, 1974. ATTEST: City C erk Parkwood Meadows PUD Site Plan amendment approved Planning Associate, Paul Deibel, identified the area as follows: Parkwood Meadows Planned Unit Development is located on the southeast corner of Lemay Avenue and Parkwood Drive. I -Then the subdivision was initially ap- proved, Heatherwood Lane, a private road, went through from Lemay Avenue to Parkwood Drive. In 1972 an amendment to this site plan, eliminating a portion of Heatherwood Lane, was approved administratively by the Planning Staff as it felt it was acting within the framework of administrative discretion on minor revisions to subdivision plats and site plans. However, when the attorney for the buyer conducted a title search, he felt that this became a restriction on obtaining clear title. The Planning f, Zoning Board had recommended approval. 216 Councilman Russell made'a motion seconded by Councilman Bowling to approve the amendment to Parkwood Meadows PUD Site Plan. Yeas: Councilmembers Bowling, Gray, Preble, Reeves, and Russell. Nays: None. (Councilman Wilkinson out of room) Action program for Avery House + Restoration approved The recommendation is as follows: 1. It is recommended that Alternative 6'5 - Ful Public use and City Administrative site - be adopted and implemented. (An analysis of Alternatives N1 thru N4 may be found in Appendix H.) 2. The rationale for- selectintl Alternativei5 '-It provides for a step by step (phase) imp`cmentation of the program based on data development, studies and conditions of " the times. -It provides for reassessment of positions 'n each step or phase for purposes of alteration of direction or efforts - if necessary. -It provides "on the site" management - a vital aspect of historic preservation. 3. What Alternative R5 does ()) It suggests.use of some part of the house as a City Adminis- trativc site - an office of the Avery (louse Program Coordin- ator. Somew alterations, largely decorative, clean-up and adjustrent for office space would be necessary. (2) It suggl'.sts: -Full restoration of the downstairs. -Full restoration of the exterior and grounds. -sizeable capital investments in restoration activities. (3) It suggests "on -the -ground management". The program for Avery House, to be effective, will require a strong sense of, dedication on the part of the individual who is responsible. It.'will require a substantial amount of individual effort over and beyond line responsibilities. (4) it suggests uses of the buildi,ing in line with the final rec- rnnmefid'a ions of the committee - including group meetings, a a focal point for the City's historic preservation, and a center for certain convunity activities. (5) It sudic_Isr bccause_of the high capital investments involved in restoratio'n, maintaiance and costs of operation: -Phnhc development and management. rode. -pendent funding sources. -Fuld public participation and involveaent. -A :;Leung organizational arran;lcmeot to assure continuity and performance. -Use fees or charges for use of the facilities. (G) It suggests an interim coordination and administration pro- granr to start actions and to implement basic concepts - pending formulation of a formal Boards and Commissions Administrative concept. 217 1 1 1 4. Pecuminend2d Phase. a :roach fur it lcrrentatim of Alter�native`5 Phase I - OroanizationaI 1. Appoint Avery House Coordinator 2. organizational structure for citizen input - including: -work coneuittees -publicity -funding (See Appendix G) 3. Publicity drive -education of citizenry 4.. Study of building structure, design, floor plans and final analysis of City code requirements. 5. Consultation with Restorations erhertise (National N Trust for historic Froservalion and Local expertise - Ln including State Historical Society). U final Decision on Restoration. 6: Final cost estimates on restur•ation 7. Assessment of Funding source: - both Governmental and private B. Reassessment of position with respect to uses and direction 9. Plaster Flan for restoration and use 10. Pemove present occupants 11. Interior and Exterior cleanup. 12. Establish caretaker 13. Establish administrative site Phase II—I>r•climinary Restoration and Plcctirr City c2de RRe.airen:cn:.: 1. Lxterior of House koof, Chimney, Woodwork, trim, flashing, etc. 2. Interior of House 4lirin� y, wodified plumbing. 3. Study and survey of public needs with respect to meeting rooms, rental charges, and srrvices to be provided. 4. Reas,sr _sment of position with rnsp ct to continuation, efe drrinent or tali-bacl: to other alternative. 5. Hajor Fund Drives and publicity, including brochure, flyers, etc. 6. Major public involvement. Phase III P1ajor Fc toraticn and Co;;upunit (.lse I. Canplete major restoration. 2.• Start group usage and/or other usage, depending on calculated public interest and demand. 21R 0 Councilman Wilkinson spoke in favor of a foundation to administer the restoration and management of the Avery House. Councilwoman Reeves made a motion seconded by Councilwoman Preble to adopt ' Alternative No. S and proceed in an orderly fashion. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None.. Amendment to Final Unit Development Plan referred to City Attorney for Ordinance preparation a Acting Planner, Ted Rodenbeck, spoke to the following recommended changes to the Final Unit Development Plan. Amendments to the Final Unit Develmment Plan. Minor changes in the location, siting and height of buildings and structures may be authorized by the Planning Director without additional public hearings, if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this subsection may cause any of the following: a. A change in the use or character of the development. b. An increase in the overall coverage of structures. c. An increase in the problems of traffic circulation and public utilities. d. A reduction of greater than three percent (3ie) of the approved open space. ' e. A reduction of greater than one percent (1%) of the off-street parking and loading space. f. A reduction in required pavement widths, or rights--of-way for streets or easements. g. An increase of greater than two percent (2%) in the approved gross leasable floor areas of commercial buildings in both residential and commercial P.U.D.'s. h. An increase of greater than one percent (1%) in the approved residential density of the proposed development. All other changes in use or rearrangement of lots, blocks and building, tracts, or any changes other than listed above, most be made by the City Council after report of the Planning, Staff and recommendation by the Planning and Zoning Board. Such amendments may be made only if trey are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in community policy. Any changes which are approved in the final plan must be recorded as amend- ments in accordance with procedures established for the.filing of the initial plan documents. Councilman Bowling made a motion seconded by Councilwoman Reeves to instruct the City Attorney to prepare the amendments in ordinance form. Yeas: Council ' members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. 219 Sole source purchase of fertilizer approved Assistant Mayor Gray stated there was a long memorandum on this item. ' Councilman Russell made a motion seconded by Councilman Wilkinson to approve the negotiated purchase with 0. M. Scott and Sons. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. Naming of Southwest Community Park Assistant Mayor Gray stated the recommendation from the Administration is that Council officially name the Southwest Community Park the Rolland Moore Memorial Park in honor of Mr. Rolland Moore, the City's Parks Director who served the City for 45 years. Councilman Bowling made a motion seconded by Councilman Russell to name the park the Rolland Moore Memorial Park. Yeas: Council members Bowling, LJ Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. W Hearing on appeal from Shop IN Go Markets on denial of Fermented Malt Beverage License at 802 South College Avenue and 1330 West Elizabeth continued to December 12. 1974 City Attorney March stated this item was before the Council to set the hearing date. The action he would request is to schedule the hearing for December 12, 1974 and make a determination that the hearing will be on the record rather ' than a denovo hearing. A transcript of the proceedings before the Liquor Licensing Authority and arguments on what occurred there would be furnished. Councilman Russell made a motion seconded by Councilman Bowling to set the hearing date on this appeal for December 12, 1974 and determine that the hearing will be on the record. Yeas: Council members Bowling, Gray, Preble; Reeves, Russell, and Wilkinson. Nays: None. 1 Citizen Participation Several citizens appeared and spoke in opposition to the dropping of the Parks and Recreation program for preschoolers called "Funtime" after Christmas. City Manager Robert Brunton stated the staff has been working on finding facilities to hold these programs. It was the consensus of the Council that the interested people keep in touch with the Administration on this problem. Campus West Theatres Recipient of Merchant of the Month Award Assistant Fire Chief, Don Hisam, introduced Mr. Pat Davies and Mr. Harry Golden of the Highland Theatres, Campus West Theatre had been nominated for this award for their efforts in fire prevention. 220 Robert Schnei.dmiller Recipient of Award from Fort Collins Police Department_ ' Police Chief; Smith read the following at length: "This commendation is being given to you for the long and devoted service that you have rendered to the City of Fort Collins, while serving the Police Reserves. You served a total of ten years in the Police Reserves, which was formerly called the Police Auxiliary. The last five of those years you served as the Chief. During your tenure as Chief, the Reserve unit has made rapid advancements in training, in reorganization of the unit, and in service to the community. It is impossible to calculate the number of hours that you have given to the City, but I know that it would be in the thousands. Please accept my personal thanks and the thanks of every citizen in Fort Collins for your untiring efforts in our behalf." Proclamations Assistant Mayor Gray proclaimed November 11 through November 17 as National Childress Book Week and November 11 through November 17 as Youth Appreciation Week in Fort Collins. Public Hearing on Airport Master. Plan Assistant Mayor Gray stated no decision would be made at this evening's Council meeting on the Master Plan. The Court Recorder would be making a transcript of I the hearing; a five minute limit would be set for those wishing to make presenta- tions. A brief overview from Mr. Greg Isbill would be first. Mr. Isbill gave a summary of the Three Phases of the Master Plan. Phase I proposes apron expansion and reconstruction, a parallel and connecting taxiway, navigational aids, land acquisition, a commuter airline terminal, additional hangars, and extending the runway from 6,500 feet to 10,300 feet. Phase II includes runway repair, widening the runway, construction of a control tower, and building additional hangars. The Final Phase covers the long range development program. Questions of clarification were next solicited from the audience. Assistant Mayor Gray then stated the hearing would begin with those listed on the agenda. The following appeared and testified. (The Court Recorder will prepare a transcript of the entire hearing.) 1. B. L. Driver, Airport Information Committee 2. Liana Munger, Student Chapter CSU Wildlife Society 3. Judy Goodpasture, Fort Collins League of Women Voters 4. Tom Koglin, Transportation and Planning Coordinator, Larimer-Weld County Council of Governments (COG) S. Ralph Hansen, 6029 South County Road 11 6. Susan Driver, 8020 South County Road 11 7. Tom Lederer (address not given) 8. David Neenan, 2013 Orchard Place ' 9. John Scofield, President, Mountain Air, Inc. 10. Melvin Burr, 1418 Ash 11. Bill McCambridge, 917 West Magnolia 12. Philip Miller, 716 West Laurel 13. Frank Savage, 2S01 East County Road 32 221 14. Lee White, 1816 Albany, Loveland 15. Maida J. Christner, 1833 Orchard Place 16. Bill Dressel , 2101 Sherrel Drive 17. Karl Schakel, North of Fort Collins 18. Max Gelwix, 2432 Tamarac Drive 19. Loren Maxey, Secretary/Treasurer Community Air Park Association 20. Henry A. Williams, President Boyd Lake Shores Homeowners Association, Inc. 21. Don Stinson., 360S Yellow Pine Place, Loveland 22. Don Sinel, 3613 Yellow Pine Place, Loveland 23. Scott Billington, 145 Palmer Drive 24. Andy Anderson, 1421 Skyline Drive 25. William Justus Wilkinson, 429 South Whitcomb 26. Herb Zeiler, 820 Foote Court, Loveland 27. Mayo Sommermeyer, 1712A Spring Meadows Court 28. Jack Henderson, 2601 Park Lake Court 29. The following members of the Airport Information Committee: a. B. L. Driver b. Tony Prato c. M. I. Dyer d. Paul Katan e. Ann Williams f. Susan Dickinson g. Richard Sommerfeld h. Mary McCord i. Harold Gott City Manager Brunton summarized the following correspondence from: 1. 2. 3. 4. S. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Colorado Open Space Council, Inc, by the Colorado Division of Planning, Department Bill Sperry, 430 South Overland Trail Mark Alan Mercer, CSU Environmental Corps K. M. Stumpe, 1316 Crestmore Place Le Ann B. Nagel, P. 0. Box 134, Timnath Harold M. Swope, 4925 Hogan Drive Letter from: President Richard F. Mauro. of Local Affairs a. Mr. and Mrs. Ivan C. Schott, County Road 30 b. Connie and Dick Axelson, County Road 30 c. Mr. and Mrs. Stephen W. Vair, 2825 East County Road 30 d. Mr. and Mrs. Gene Williams, 3401 East County Road 30 e. Mr. and Mrs. Mike Dickinson, 2821 East County Road 30 f. Mr. and Mrs. Aaron Dickinson, 8109 South County Road 9 Mrs. B. Nagel, P. 0. Box 183, Windsor Anne E. Patterson, P. 0. Box 383 Mr. B. N. Trautman, ill North Whitcomb B. L. Driver, Airport Information Committee James William Baird, 531 South College David G. Neenan, 2013 Orchard Place David W. 10nitham, 3225 Moore Lane Arthur J. Levy, P. 0. Box 464 Timothy Stewart, P. 0. Box 449 222 18. Bill Ross, 1721 Pecan 19. Poudre Valley Construction Company, Inc. by the President Harold H. Miller, 2120 South College 20. Letter from: as Samuel L. Anderson, 1301 Fuqua b. William F. Dressel, 2101 Sherrel Drive 21. Charles Martin (No address available) 22. Wheeler Realty Company by P. J. Henderson, P. 0. Box 2222 Mayor Gray declared the hearing closed. Request from Colorado Building and Construction Trades Council for prevailing wage clause denied City Manager Robert Brunton stated there were members of the Council present. He read at length the memorandum from the Assistant City Manager on this subject. Per your request, I am forwarding the data concerning the contractors the City awarded work to in 1973 and 1974 (attached). Also included is the re- sults of a telephone survey of practices in other Colorado cities (attached). Review of the material reveals that only three of the twenty-five contractors have a closed shop. Of the eight cities contacted, only Denver and Boulder have a Prevailing Wage Law by city ordinance. Fort Collins as well as the other six cities requires prevailing wages on all contracts involving federal funds. The City Manager then read from the following: Earlier this year we received a request from Anthony Mulligan, the Business Representative for the Colorado Building and Construction Trades Council, requesting that a prevailing wage structure, to cover construction workers having a contract with the City of Fort Collins, be adopted. The precipitating reason for this request was the objection from Colorado Building and Construc- tion Trades Council and the various other construction trades to the policy of the City as related to labor and wage requirements, specifically under the construction of Substation No. 400 for our Electric Utility. The com- plaint was that the City owes it to the citizens of Fort Collins to do all in its power to guarantee the possibility of receiving prevailing wage rates. This matter was brought to the attention of the City Council at its August 13, 1974 meeting. At that time the matter was referred back to the Administration for further study. We are required by law to have a prevailing wage rate clause in our specifica- tions where federal money, such as the new Fort Collins Community Swimming Pool, the City sewer line between Sewage Treatment Plant No. 1 and Plant No. 2 and the expansion of Plant No. 2, is involved. Enclosed are a number of memos and analyses on the subject of prevailing wage clauses in City bid specifica- tions, including a random sample of various cities in the State and an analysis of some of the previous bids on City projects, includin,' whether they are an open or closed shop. On the basis of 10 projects in 1973 and 1974, the total cost of the awarded bids was $615,450 versus an estimated bid of $669,322 if the prevailing wage clause had been included, or an 8.8% increase. 1 L 1 223 We concur that everyone deserves to make a decent living wage; however, there 'are many people in Fort Collins that receive lower than the prevailing wage scale. In.the final analysis this is a subjective question, based on philos- ophy and economics, that falls into the realm of a policy decision. We do, however, feel that the various people in the Construction Trades Council deserve an answer. Recommendation: The Administration recommends that the City Council review this matter and then make a decision as to whether they would like a prevailing wage clause adopted for the City of Fort Collins. Mr. Mulligan of the Trades Council spoke in favor of Council's adopting a y] City ordinance of prevailing wage rates. 00 Mr. Loren Maxey, 61S South Loomis, and Mr. David Neenan, 2013 Orchard Place, spoke in opposition to such an ordinance. W Councilman Bowling made a motion seconded by Councilman Wilkinson that the request be denied. Yeas: Council members Bowling, Preble, Reeves, Russell, and Wilkinson. Nays: Councilwoman Cray. Recommendation on action on House Bill 1041, Land Use Bill approved 'City Manager Robert Brunton spoke to the following recommendation with one change, changing the date to January 1, 1975. At the last Council meeting (special meeting) a report was presented on the Land Use Bill. A number of points were made relative to the Bill, these being: 1. That the City had to respond by November 13, 1974, stating what was being done towards implementation of the'Bill. Enclosed is a letter and reporting form dent out by the Land Use Commission for this purpose recently. The letter indicates that as much of the form as possible should be completed by the November 13 deadline, but that the complete form need not be filled out because we may not have progressed sufficiently. Most of the questions under Section II of the form would have to be answered as as a result of further consideration of the question of areas of state interest by the City Council. This leads to the second point of the previous discussion with Council. 2. Art March has recommended that the various areas.of potential state interest. be considered by the appropriate board or by staff, and that hearings be con- ducted and recommendations returned to the Council soon so that the Council could then conduct a hearing on the total question of the Land Use Bill and the City's response to it. ' The areas and activities available under the Bill for designation are as follows: '224 zap A. ..Areas of state interest: 1) Mineral resource areas (includes sand and gravel) 2) Natural hazard areas (flood plains, expansive mils, wildfire, etc.) 3) Areas containing or impacting upon historic, natural or archaeological resources (historic sites, shorelands of publicly owned reservoirs and wildlife habitats) 4) Areas around key facilities (airports, public utility facilities, highway interchanges, rapid or mass transit terminals) B. Activities of state interest: 1) Water and sewer treatment systems 2) Solid waste disposal 3) Airports 4) Rapid or mass transit terminals 5) Arterial highways and interchanges and collector highways 6) Major facilities of public utilities 7) New communities 8) Utilization of municipal and industrial water projects 9) Nuclear detonations Recommendation: In order to get data and information, the Administration recommends that the agencies indicated hereafter conduct hearings and make recommendations as to designation in the areas indicated: Agent Area or Activity Planning & 'Zoning Board A-1, A-2, A-4, B-5, B-6 ' Landmark Preservation Commission A-3 Water Board B-1, B-8 Areas not specifically assigned should be considered by the Council, but it is felt that there will be no difficulty in deTt.onstrating that these are not appli- cable (B-2, B-3, B-4, B-7, and B-9). It is recommended that the studying agencies be instructed to complete the hearings and make recommendations to the Council by January 1, 1975 , and that the Council plan to complete its action during the month of January, 1975. Councilman Bowling made a motion seconded by Councilman Russell to adopt the recommendation of the Administration. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. Purchase of Coloradoan Building authorized City Manager Robert Brunton spoke to the possible uses for the building by the Parks and Recreation Department or the Police Department. Gladys Eddy, speaking for the Parks and Recreation Board, spoke in favor of using the building for the Parks and Recreation Department. , The consensus of the Council was to purchase the building now at a cost of $185,000 and determine later the uses for the building. 225 TV` - Councilman Bowling made a motion seconded by Councilman Russell to authorize the purchase of the Coloradoan Building. Yeas: Council members Bowling, ' Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. Councilman Bowling made a motion seconded by Councilman Wilkinson to authorize the Mayor and the City Clerk to execute the appropriate purchase contract and directing the City Attorney to prepare it. Yeas: Council members Bowling, Gray, Preble, Reeves, and Wilkinson.' Nays: None. (Councilman Russell out of room) Other Business 1. Assistant Mayor Gray stated this was a resolution on condemnation proceedings. N City Attorney Arthur March, Jr. stated this resolution is to initiate condemnation proceedings to secure a right of way for improvements on W Shields Street in Sidewalk Improvement District No. S, which we were W unable to acquire by negotiation.. City Clerk Verna Lewis read the resolution at length. RESOLUTION 74-96-A " OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS IN THE CITY ' WHEREAS, the City Council has heretofore considered the question of widening and improving Shields Street in the City so that said street will be safer for vehicles and pedestrians utilizing the same; and WHEREAS, the City has heretofore, by appropriate resolutions and ordinances, authorized the construction of the first step of the improve- ments to be made to Shields Street, the same being the installation of sidewalks and bicycle paths along said street; and WHEREAS, in connection with the improvements now in progress and future improvements anticipated, it is necessary that the existing 60 foot right-of-way for Shields Street be increased to a total right-of-way of 100 feet by acquiring an additional 20 foot of right-of-way on each side of the existing right-of-way; and 1 WHEREAS, the City has negotiated with all of the owners of property which must be acquired for such right-of-way and such right-of-way has, in most cases, been acquired through such negotiations; and WHEREAS, it is necessary to acquire a right-of-way over the following described lands, to -wit: 226 A tract of land situate in the Southeast quarter of Section 22, T7N, R69W,of the 6th P.M., in the City of Fort Collins, County of Larimer, State of Colorado, which con8idering the East line of the Southeast quarter of .said Section 22 as bearing N 0 23' W, and with all bearings contained herein relative thersto, is contained within the boundary lines which begin at a point which bears N 0 23' W 1244.72 feet, and S 890 37 W 30.0 feet from the Southeast corner of said Section 22 and run thence S 890 37' W 22.0 feet; Thence S 00 23' E 80.00 feet; Thence S 180 49' E 63.25 feet; Thence N 0 23' W 140.01 feet to the point of beginning. Negotiations for the same have not been successful, and it is necessary that such right-of-way be acquired by eminent domain proceedings; and WHEREAS, the right-of-way to be so acquired will be used for street, sidewalks and bicycle paths and for the installation and maintenance of utilities and utility lines. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1: The City Council hereby finds and determines that it is necessary and desirable that the City of Fort Collins acquire a right-of-way over and across the lands described above to be used for street, sidewalks and bicycle paths and for the installation and maintenance of utilities and utility lines. Section. 2: The City Council hereby authorizes the acquisition of such right-of-way by the City of Fort Collins and in view of the fact , that negotiations for the acquisition of such right-of-way have been unsuccessful, further authorizes the City Attorney and other proper officials of the City to acquire said right-of-way for the City by eminent domain proceedings. Passed and adopted at a regular meeting of the City Council held this 7th day of November, A.D. 1974. ATTEST: Assistant Mayor City Clerk Councilwoman Preble made a motion seconded by Councilwoman Reeves to adopt the resolution. Yeas: Council members Bowling, Gray, Preble, Reeves, and Wilkinson. Nays: None. (Councilman Russell out of room) 2. Council gave tacit approval for City Manager Robert Brunton to send a letter to the Roath Company informing them that the City is in no position I financially to acquire the De Sillio School as an Historic Landmark, and thanking them for their interest in the school. 3. City Attorney Arthur „larch, Jr. requested a motion to correct an error in Resolution 74-87 on the contract for electrical service with the Platte River Power Authority, passed in October. 227 Ole i i :V x Councilman Bowling made a motion seconded bCouncilwoman Preble to correct the date of the contract in the resolution from August 15, 1974 to the actual date September 5, 1974. Yeas: Council members Bowling, Gray, W Preble, Reeves, Russell, and Wilkinson. Nays: None. W 4. Councilwoman Reeves spoke to a letter received from Gan Ogden about a Humanities Conference to be held Saturday, November 9, 1974, inviting the Council members to attend. , Adjournment Councilman Russell made a motion seconded by Councilwoman Reeves to adjourn the meeting. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell, and Wilkinson. Nays: None. May r , AT City Clerk 1 - 228 i