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HomeMy WebLinkAboutMINUTES-12/19/1974-Regular3 5- ., ,y December 19,1974 COUNCIL OF T1IC 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 Thursday, December 19, 1974 at 5:30 P.M. in the Council Chamber in the City of Fort Collins City Hall. Mayor Fead called the meetii g to order. Present: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Staff members present: Brunton, DiTlillio, Parsons, Deibel, Cain and Lewis. Also: City Attorney March. L� Ordinance tabled until later in the meeting adopting the 1973 Uniform Plumbing Code Attorney John Kochen.burger stated there were to be plumbers present who had not arrived yet and requested this item be tabled until they arrived. Cotuncilwoman Reeves made.a motion, seconded by Councilwoman Gray, to table the second reading of Ordinance No. 61,1974 temporarily. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves acid Wilkinson. Nays: Council- man Russell. . ' Ordinance adopted on first reading Vacating an Alley by LaPorte School City Manager Brunton stated the City was in possession of the 20 foot access easement. Councilwoman Preble made a motion, seconded by Councilwoman Gray, to adopt Ordinance No. 63, 1974 on first reading. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Ordinance adopted on first reading Annexing the Sonoran View Estates Annexation to the Ci Assistant Planner, Paul Deibel, identified the area in question and stated this proposal was initiated by the City for a forced annexation to the City of a five acre tract surrounded by the City for three years. City Attorney March, for the record, stated the City is capable of providing utilities and other municipal services to the property. Councilman Russell trade a motion, seconded by Councilman Wilkinson,' to adopt Ordinance No. 66, 1974 on first reading. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. 294 Ordinance adopted on first reading Establishing Funds Councilman Russell inquired into the $10,000.00 in debentures by the Airport Board; specifically what control the City has over the funds. City Attorney March stated that as tine ordinance is set up, what are called trust funds, are primarily funds which the City has but are not the City's money. City Manager Brunton stated Council would have an opportunity to review the funding for the Airport at the time the Airport blaster Plan is reviewed. City Attorney March stated that Council should understand that the accounts listed are intended to be set up, but also to a degree, illustrative. He would anticipate that the Director of Finance, without further authoriza- tion from the Council, will go ahead and set up the funds. Councilwoman Gray made a motion, seconded by Councilwoman Preble, to adopt Ordinance No. 67, 1974 on first reading, to be presented for final reading or. January 7, 1975. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Ordinance adopted on first reading setting the Salary of the Municipal Judge City Manager Brunton stated this item was considered at budget time and Council should decide if the Judge would be full time on July 1, 1975. City Attorney March stated in order to keep continuity, he felt Council should make the appointment now and again in July. ' Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to appoint John Tobin as the Municipal Judge. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Councilwoman Reeves made a motion, seconded by Councilman Russell, to adopt Ordinance No. 68, 1974 on first reading. Yeas: Council members Bowling, Fend, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Ordinance adopted on first reading Appropriating Funds for Expenditures in 1974 from Excess Funds Councilman Bowling made a motion, seconded by Councilwoman Gray, to adopt Ordinance No. 71, 1974 on first reading, to be presented for final passage on January 7, 1975. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Ordinance adopted on first reading Appropriating Funds from Expenditures in 1974 from Federal Revenue Sharing City Manager Brunton stated this ordinance was to get the appropriation capacity, Revenue Sharing had been used in various areas. Councilwoman Reeves made a motion, seconded by Councilwoman Gray, to adopt ' Ordinance No. 72, 1.974 on first reading with final passage on January 7, 1975. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Silkinson. Nays: Done. 295 357 Ordinance adopted on first reading Rezoning Property by Platte River Power Authority and Bartran Homes, Inc. Assistant Planner, Paul Deibel, identified the area in question. Following is the memorandum on this subject: The Platte River Power Authority and Bartran Homes, Inc., recently petitioned for rezoning of property on the northwest corner of Horsetooth and Timberline Roads. At the present time this 27.5 acres is zoned R-L-P, Low Densityy Planned Residential District. PRPA requested I-G, General Industrial bistrict Zoning, fcr its property, and Bartran Homes petitioned that the remainder C4 of the aforementioned property be zoned I-P, Planned Industrial. The Planning X and Zoning Board and Planning staff felt that I-P zoning was adequate to meet the needs of PRPA. W Robert S. Everitt, President of Everitt Companies and owner of the property directly north of the aforementioned property, initially questioned the industrial zoning of the entire tract and also disagreed with the concept of making Timberline a major arterial street. A copy of his letter is included. The staff initially recommended for I-P zoning for the entire tract. The Planning and Zoning Board, by a 3-2 vote, recommended approval of the I-P zoning for the entire tract. Since that time the staff has met with Mr. Everitt and discussed the overall area planning at greater length. ' There is some concern about the amount of industrial zoned land in the city and also the status of the zoning of Timberline Road, especially that portion between the aforementioned piece and the Lone Star Steel property located north of Drake on the west side of the street. with this in mind, the staff felt that there was justification, because of the PRPA property being located on two arterial streets and adjacent to a railroad tract, that this property be zoned I-P. The zoning on the thirteen acres to the north should remain. as R-L-P until the comprehensive plan is completed, which is scheduledfor 1975. R:•comn:endation: The Administration recommends that the City Council approve t;,e I-P ;.oni:!; for the south ]3 •cres of the aforemcntion�J property and that the remo ning 13+acres r.s:r,. a :is R-L-P until the Com,rchensive Plan is completed. Ordinance No. 73, 1974, provides for the rezoning of the entire 27.5 acres as I-P, Planned Industrial Zoning. If the Council accepts the staff's recommendation, the Ordinance will have to be amended to provide a new legal description. If the Council elects to rezone the entire tract, Ordinance No. 73, 1974, can be adopted on first reading. Speaxvig in favor of the rezoning of the entire tract were the following: 1. Bill Brown, Attorney from the law firm of Fischer and Beatty. ' 2. Al Hamilton, General Manager, P.R.P.A. 3. Bill Slimak, Director of Engineering for P.R.P.A. 296 4. Bill Bartran, Bartran Homes, Inc. S. Jim Junge, of Junge and Associates , in Boulder. ' Council addressed the overall affects, rather than the characteristics of the site in isolation. Councilman Bowling made a motion, seconded by Councilwoman Gray, to adopt Ordinance No. 73, 1974 rezoning property by Platte River Power Authority and Bartran Homes, Inc.,with I-P zoning. Yeas: Council members Bowling, Fead, Gray, Reeves, Russell and Wilkinson. Nays: Councilwoman Preble. Ordinance adopted on first reading Creating Street, Water and Sanitary Sewer District No. 70 Councilwoman Reeves made a motion, seconded by Councilman Russell, to adopt Ordinance No. 74, 1974 on first reading. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Russell. (Councilman Wilkinson out of room) Resolution adopted approving certain agreements to be entered into with other agencies to provide Fkm an Services to the City City Manager Brunton stated in the agreement with the Poudre-Thompson Trans- portation Core, two items were included, one was a $500.00 grant to R.S.V.P. (Retired Senior Volunteer Program) and the grant to Care -A -Van of $9,800.00 with an equal amount to be paid by the County. Conaaanity Industries would ' be funded for three months at $1,125.00 per month. Councilwoman Gray made a motion, seconded by Councilwoman Preble, to adopt the resolution with the appropriate figures in the agreements. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. RESOLUTION 74-103 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING CERTAIN AGREEMENTS TO BE ENTERED INTO WI.TFL OTHER AGENCIES TO PROVIDE HUMAN SERVICES TO THE CITY WHEREAS, heretofore the City of Fort Collins has received from the Federal Government certain revenue sharing funds; and WHEREAS, the Council has determined to use a portion of said funds to develop human service programs in the City; and WHEREAS, the Council has heretofore authorized the creation of a Department of Human Resources in the municipal service of the City; and WHEREAS, after consideration of the program which the City , Council desires to implement, it has been determined that it is in the best interests of the City to contract with other agencies for the imple- mentation of scmo of these programs; and 297 359 id 1 1 1 WHEREAS, the City Council heretofore, by resolution, authorized certain contracts with other agencies; and UTMREAS-, in the resolution heretofore passed the City Council intended to authorize an agreement with Poudre-Thompson Transportation Corps, Inc., for the retired senior volunteer program, but this agency and program was, because of clerical error, left out of the resolution; and WHEREAS, the City Council desires to authorize the execution of a contract with Poudre-Thompson Transportation Corps, Inc., and in addition desires to authorize agreements with other agencies for the implementation of programs as follows: Contracting Party Poudre-Thompson Transportation Corps, Inc. Community Industries, Inc and Sprvi CBS Specialized transportation services for elderly, physically or mentally handicapped and economically deprived citizens of the City .Maintain program providing industrial training, therapy and employment to socially and -economically deprived residents of the City W11EREAS, all of said agreements have been approved by the City Manager and the City Attorney, and the City Council desires to approve such agreements and authorize their execution. NOW, THEREFORE, BE IT RESOLVED BY THE COLNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of the agreements above referred to 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 agreements for and on behalf of the City of Fort Collins; and BE IT FURTHER RESOLVED that the City Council hereby ratifies and confirms the agreement heretofore executed on behalf of the City by the Mayor and City Clerk with.Poudre-Thompson Transportation Corps, Inc., for the retired senior volunteer program. Passed an adopted a^ t ® regular meeting of the City Council held this i? day of d A.D. 197� ATTEST: City Clerk 298 360 aRS Final Plat of the Alvin L. Miller Foothills Subdivision Fifth Filing approved City Attorney March stated Council had already approved the plat, the property had changed ownership. Council Could either approve the plat with a new name (Bruce Miller Foothills Subdivision First Filing) or Alvin L. Miller Foothills Subdivision Fifth Filing. Councilman Bowling made a motion, seconded by Councilman Wilkinson, to approve the change in ownership of the Alvin Miller Foothills Subdivision Fifth Filing. Yeas: Council members Bowling, -read, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Ordinance adopted on Second Reading adopting the 1973 Uniform Plumbing Code This item had been tabled at the outset of the Council meeting. Councilwoman Reeves made a motion, seconded by Councilwoman Preble, to remove the item from the table. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Attorney Kelsey Smith, representing the plumbers, as a joint sponsor with Attorney Kochenburger. Attorney Smith stated the plumbers still had con- cern regarding the licensing requirements of the inspectors. Councilman Russell made a motion, seconded by Councilwoman Preble, to adopt Ordinance No. 61, 1974 on second reading. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Mr. Willard Wright of the Plumber's Association, stated the Plumbers did not wish to delay the adoption of the Code, their objection had always been the licensing for inspectors. ORDINANCE NO. 1974 BEING AN ORDINANCE PROVIDING FOR THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY ESTABLISHING MINIMUM REGULATIONS FOR THE INSTALLATION, ALTERATION OR REPAIR OF PLUMBING AND DRAINAGE SYSTEMS AND THE INSPECTION THEREOF, ADOPTING BY REFERENCE THERETO THE UNIFORM PLUMBING CODE OF THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS, 1973 EDITION, SETTING FORTH CERTAIN AMENDMENTS TO SAID CODE, PROVIDING FOR THE QUALIFICATION AND REGISTRATION OF PERSONS ENGAGED IN THE BUSINESS OF PLUMBING OR LABORING AT THE TRADE OF PLUMBING, REQUIRING PEW4ITS AND INSPECTIONS FOR THE INSTALLATION OR ALTERATIONOF PLUMBING AND DRAINAGE SYSTEMS, REPEALING ALL ORDINANCES OF THE CITY OF FORT COLLINS IN CONFLICT OR INCONSISTENT HEREWITH AND PROVIDING A PENALTY FOR VIOLATION OF THE PROVISIONS OF THIS , ORDINANCE OR THE CODE ADOPTED HEREIN 299 361 3uo ' BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. Adoption of Uniform Plumbing Code. Pursuant to the authority conferred by Article II, Section 7, of the Charter of the City of Fort Collins and by Article 34 of Chapter 139 of the Colorado Revised Statutes, 1963, as amended, there is hereby adopted by the City of Fort Collins for the purpose of providing for the protection of the public health and safety and for the purpose of regulating the installation, alteration, or repair of plumbing and drainage systems in the City of Fort Collins, Colorado, that certain code promulgated by the International Association of Plumbing and Mechanical Officials known as the Uniform Plumbing Code, y being particularly the 1973 edition thereof, and the whole thereof including xthe appendices thereto save and except such portions as are hereafter t1? deleted, modified or amended by Section 2 of this ordinance, of which Code not less than three copies have been and now are filed in the office of the CC—)c7 Clerk of the City of Fort Collins and may be inspected at regular business hours or purchased by the public at a price not to exceed the City's actual cost for such Code, and the same hereby is adopted and incorporated as fully as if set forth at length herein and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Fort Collins. Section 2. Amendmcuts to Uniform Plumbing Code. The following sections, subsections, chapters, tables, appendices or parts .thereof of the ' Uniform Plumbing Code are hereby amended to read as follows (the words,"no change" indicate that there has been no change from the wording of the applicable provision of the Uniform Plumbing Code; the word "deleted" indicates .that the applicable provision of the Uniform Plumbing Code has been deleted): a. Section 102(c) Administrative Authority - The Administrative Authority is the Chief Building Inspector of the City of Fort Collins and his authorized representatives. b. Section 124. An additional definition is hereby added to this section as follows: "Water Service Pipe - The Water Service Pipe is the pipe carrying potable water from the water main or other source of water supply to the building or other point of use or distribution on the lot or premises served, 'Water Service Pipe shall also have the same meaning as the term 'Building Supply'." C. Section 201 - Minimum Standards. (a) through (j) - No Change Qc) Any decision of denial by the Administrative Authority under subsection (c) above may be appealed to the Building Board of Appeals within ten days after the receipt of a decision of the Administrative Authority. Aggrieved persons may file with the Board a request 300 �62 V in writing for a hearing and shall present such evidence as deemed necessary to substantiate their ' claims of equivalent performance. The fee for hearings before the Building Board of Appeals shall be as provided in Section 204 of the City of Fort Collins Building Code. At the request of the Appellant the Board may be augmented. by not more than two master plumbers licensed to practice the trade of plumbing in the City of Fort Collins. d. Section 203 - Use of Copper Tubing. (a) Deleted (b) No Change (c) No Change (d) Copper tube for water piping shall have a weight of not less than that of copper water tube Type L. Exception_ Type M copper tubing may be used for water piping when piping is above ground in a building. e. Section 315 - Protection of Piping, Materials and Structures. (a) through (c) No Change ' (d) No building sewer or other drainage piping or parts thereof constructed of materials_otaer than those approved for use under or within a building shall be installed under or within two feet of any building or structure nor less than forty-two inches below the surface of the ground. Exceptions to this depth' requirement may be approved by the Administrative Authority. (e) and (f) No Change f. Section 317 - Trenching, Excavation and Backfill. (a) through (d) No Change (e) Water service pipes or any underground water pipes shall not be run or laid in the same trench with nonmetallic building sewer or drainage piping. When nonmetallic material is used for the building drain or building sewer, such line shall be separated from the water service by a minimum of ten feet 3 horizontally. g. Section 318 - Inspection and Testing. ' 301 363 3 0 Z 1 1 L�'. 1 1. Inspections - No Change 2. Testing (A) through (d) No Change (o) Building sewers shall be tested by plugging the end of the sewer at its point of connection with the public sewer or private sewage disposal system and completely filling the sewer with water from the lowest to the highest point thereof, or by such other test as may be prescribed by the Administrative Authority. The building sewer shall be water tight at all points. The foregoing test of building sewers is not required when sections are joined with a neoprene or equivalent manufactured gasket. (f) through (k) No Change h. Section 401 - Materials. (a) Drainage pipes shall.be cast iron, galvanized steel, galvanized wrought iron, lead, copper, brass, ABS, PVC, or other approved materials having a smooth and uniform bore. Exceptions: 1) Galvanized wrought iron, galvanized steel, copper, ABS or PVC pipe shall not be used underground and shall be kept at least six inches above ground; 2) ABS and PVC plastic drainage systems are limited to single family dwellings. (b) No Change i. Section 409 - Drainage Below Curb and Also Below Main Sewer Level. (a). When the overall grade of the building sewer is less than one-fourth inch per foot an approved back water valve will be installed inside the building in an accessible location. Building sewers maintaining at least one -quarter inch per foot fall to the property line will not require installation of a back water valve. (b) through (1) No Change .j. Section 702 - Traps Protected by Vent Pipes (a) and (b) No Change 302 064 303 N [cl An alternate horizontally washed wet vent for fixture traps serving showers, tubs or laboratories in any combination not exceeding four fixture units may be approved under exceptional circumstances when installation of conventional venting is im- practical. The protective vent for such fixture traps must be located not more than twenty-four inches downstream in the horizontal branch and also within the total developed trap arm length permitted by Table 7-1. (d) Same as Section 702(c) in Uniform Plumbing Code. (e) Same as Section 702(d) in Uniform Plumbing Code. k.. Section 1004 - Materials. (al water pipe and fittings shall be of brass, copper, cast iron, malleable iron, galvanized wrought iron, galvanized steel, lead or other approved materials. All materials used in the water supply system except valves and similar devices shall be of like material unless otherwise approved by the Administrative Authority. (b) through (0) No Change 1. Section 1103 - Building Sewer Materials (a) The building sewer, beginning three (3) feet from any building or structure, shall be of such materials as may be approved by the Administrative Authority under the approval procedure set forth in Chapter 2 of this Code. (b) No Change m. Section 1108 - Sewer and water Pipes Nonmetallic building sewer or drainage piping shall not be run or laid in the same trench with water service pipes or any underground water pipes. n. Chapter 12. Fuel Gas Piping - Deleted. o. Appendix H. Battery Drainage System - Deleted. Section 3. Appeals from Decision of Building Inspector. Whenever the Building Inspector shall disapprove an application or refuse to grant a 1' permit applied £or or it is claimed that the provisions of the" Uniform Plumbing Code do not apply or that the true intent and meaning of the Code has been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Building Inspector to the Building Board of Appeals within ten (10) days from the date of receipt of the decision. The fees to be charged an applicant for such appeal shall be the same fee set forth in an appeal under the Uniform Building Code. 303 1 1 1 365 .3 0H Section 4. Administration ' a. Application and Scope. -The provisions of this ordinance shall apply to all new construction, relocated buildings and to any altera- tions, repairs or reconstruction except as may otherwise be provided herein or in the Code adopted hereby. b. Duties of Building Inspector. The Building Inspector shall maintain public office hours necessary to efficiently administer the pro- visions of this ordinance and the Code Adopted hereby and shall perform the following duties:.. 1) Require submission of, examine and check plans and specifications, drawings, descriptions, and/or diagrams necessary to show tIV clearly the character, kind and extent of plumbing work covered by applica- tions for a permit and upon approval thereof shall issue the permit applied for. 2) Administer and enforce the provisions of this ordinance in a manner consistent with the intent thereof and shall inspect all plumbing and drainage work authorized by any permit to assure compliance with pro- visions of this ordinance or amendments thereto, approving or condemning said work in whole or in part as conditions require. 3) Issue upon request a Certificate of Approval for any work approved by him. 4) Condemn and reject all work done or being done or materials used or being used which do not in all respects comply with the provisions of this ordinance and amendments thereto. 5) Order changes in workmanship and/or materials essential to obtain compliance with all provisions of this ordinance. 6) Investigate any construction_or work regulated by this ordinance and issue such notices and orders as provided in:this ordinance. 7) Keep a complete record of all the essential trans- actions of his office. 8) Maintain an official register of all persons, firms or corporations lawfully entitled to carry on or engage in the business of plumbing or to labor at the trade of plumbing to whom a Plumber's License has been issued in accordance with this ordinance. e. Right of Entry. The Building Inspector and his authorized representatives shall carry proper credentials of their respective office, upon exhibition. of which they shall have the right of entry, during usual business hours, to inspect any and all buildings and premises in the performance of their duties. 304 366 3O5 e d. Dangerous and Insanitary Construction. 1, Any portion of a plumbing system found by the , Administrative Authority to be insanitary as -defined herein is hereby declared to be a nuisance. 2. Whenever brought to the attention of the department having jurisdiction that any insanitary conditions exist or that any con- struction or work. regulated by this ordinance is dangerous, unsafe, insanitary, a nuisance or a menace to life, health or property or otherwise in violation of this ordinance, the said department may request an investigation by the Administrative Authority who, upon determining such information to be fact, shall order any person, firm or corporation using or maintaining any such condition or responsible for the use or maintenance thereof to discontinue the use or maintenance thereof or to repair, alter, change, remove or demolish same as he may consider necessary for the proper protection of life, health or property. Every such order shall be in writing addressed to the owners, agent or person responsible for the premisos in which such condition exists and shall specify the date or the time for compliance with such order. 3. Refusal, failure or neglect to comply with any such notice or order shall be considered a violation of this ordinance. 4. 11non any plumbing system is maintained in violation of this ordinance and in violation of any notice issued pursuant to the provisi' of this section or where a nuisance exists in any building or on a lot on which a building is situated, the Administrative Authority, shall institute any appropriate action or proceeding in any court of competent jurisdiction to prevent, restrain, correct, or abate the violation or nuisance. e. Violations and Penalties. Any person, firm or corporation who shall violate any of the provisions of this ordinance or the Code adopted hereby or fail to comply with any of said provisions or who shall violate or fail to comply with any order made hereunder or who shall build or construct in violation of any detailed statement or specification or plan submitted and approved hereunder or any certificate or permit issued hereunder from which no appeal has been taken or who shall fail to comply with such order as affirmed or modified by the appropriate board or the City Council of the City of Fort Collins or a court of competent jurisdiction within the time fixed herein, shall severally and for each and every violation and noncom- pliance respectively, be guilty of a misdemeanor, punishable as provided i. Section 1-23 of Chapter 1, General Provisions of the Code of the City of Fort §, Collins. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue and all persons shall be required to correct or remedy such violations or defects within a reasonable time and ashen not otherwise specified, each ten (10) days that prohibited conditions are maintained shall. constitute a separate offense. The application of any penalty set forth above shall not be held to prevent the enforced removal ' of prohibited conditions nor shall it prevent the suspension or revocation of a license issued under this ordinance. 305 367: 3n6 f. Permit Required. ' 1. No plumbing or drainage work shall be commenced in any building or premises until a permit to do such. work shall have been first obtained from the Administrative Authority. 2. . A separate permit shall be obtained for each building or structure. 3. No person shall allow any other person to do or cause to be done any plumbing or drainage work under any permit secured by such person except persons in his employ. LV " �G g. Work Not Requiring Permit. No permit shall. be required vin the -case of any repair cork as follows: The stopping of leaks in drains, soil, waste or vent pine, provided, however, that should any trap, drain- ;� pipe, soil, waste or vent pipe be or become defective and it becomes necessary to remove and replace the same with new material in any part or parts, the same shall be considered as such new work and a permit shall be procured and inspection made as hereinbefore provided. No permit shall be required for the clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, when such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures. h. To Whom Permits May be Issued. 1. No permit shall be issued to any person to do or cause` to be done any plumbing or drainage work regulated by this ordinance and the Code adopted hereby except to a person holding a valid, unexpired and un- revoked master plumber's license as required by this ordinance or as other- wise herein provided in this section. 2. Any permit required by this ordinance may be issued_ to any person to do any plumbing or drainage work regulated by this ordinance in a single family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such buildings in the event that any such person is the bona fide owner of any such dwelling and accessory buildings and quarters and that the same are occupied by or designed to be occupied by said owner, provided that the said owner shall personally purchase all material and shall personally perform all labor in connection therewith. 3. Persons or companies who engage in, conduct or carry on the business of installing, altering or repairing building sewers and private sewage disposal systems are not required to be plumbers but may be licensed as special contractors as provided in Section 73-122 of the Code of the City of Fort Collins. Such persons shall be eligible to obtain a plumbing permit only for a new or replacement building sewer. ' 4., Water supply lines connected to the City's water mains which serve only fire protection systems are not water service lines or building supplies as defined in the Uniform Plumbing Code. Permits for fire protection, water supply lines may be issued to a duly licensed special contractor (fire protection). I£ the system is designed so that the domestic water supply is tapped from the fire line, that portion of the piping from the property line to the domestic tap is a water service line. 306 368 z o 7 , i. Application for Permit. Any person legally entitled to ' apply for and receive a permit shall make such application on forms provided for that purpose. Ile shall give a description of the character of the work proposed to be done, and the location, owners}iip; occupancy and use of the premises in connection therewith. The Building Inspector may require plans, specifications or drawings and such other information as he may deem necessary. If the Building Inspector determines that.the plans, speci- fications, drawings, descriptions or information furnished by the applicant is in compliance with this ordinance, tic shall issue the permit applied for upon payment.o£ the required fee as hereinafter fixed. j. Cost of Permit. Every applicant for a permit to install, add to, alter, relocate or replace a plumbing or drainage system or part thereof, shall state in writing on,the application form provided for that purpose, the character of work proposed to.be done and the amount and kind in connection therewith, together with such information pertinent thereto as may be required. Such applicant shall pay for each permit issued at the time of issuance a fee in accordance with the following schedule, and at the rate provided for each classification shown therein. Schedule of. Fees For issuing each permit ----------------------- $ 7.00 In addition For each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping and backflow protection therefor)---- 1.50 For each building sewer and trailer park sewer--------------------------------------- 5.00 Rainwater systems - per drain--------------- 2.00 For eash cesspool--------------------------- 5.00 For each private sewage disposal system----- 10.00 For each water heater and/or vent----------- 1.50 For each gas piping system------------------ 7.50 For each.industrial waste pretreatment interceptor, including its trap and vent, excepting kitchen type grease interceptors functioning as fixture traps---------------- 1.00 For installation, alteration or repair of water piping and/or water treating equip- ment----------------------------------------- 1.50 For repair or alteration of drainage or vent piping-------------------------------------- 1.50 For each lawn sprinkler system on any one meter including backflow protection devices therefor------------------------------------ 2.00 For vacuum breakers or backflow protective ' devices on tanks, vats, etc, for installation on unprotected plumbing fixtures including necessary water piping - one CI) to five (5) 2.00 Over five (5) each ------------- =------------ .30 Rainspection Fee -------------; -------------- 10.00 307 Any person who shall commence any plumbing work for which_ a permit is required by this ordinance without first having obtained a permit therefor shall, if subsequently permitted to obtain a permit, pay double the permit fee fixed by this section for such work, provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the Adininistrative Authority that such work was urgently necessary and that it was not practical to obtain a permit therefor before the commencement of the work. In all such cases a permit must be obtained as soon as it is practical to do so, and if there be an . unreasonable delay in obtaining such permit, a double fee as herein provided shall be charged. For the purpose of this section, a sanitary plumbing outlet x on or to which a plumbing fixture or appliance may be set or attached shall be construed to be a fixture. Fees for reconnection and retest of v existing plumbing systems in relocated buildings shall be based on the number of plumb;' fixtures p g gas systems, water heaters, etc., involved. '. When interceptor traps or house trailer site traps are installed at the same time as a building sewer on any lot, no sewer permit shall be required for the connection of any such trap to an appropriate inlet fitting provided in the building sewer by the permittee constructing such sewer. When a permit has been obtained to connect an existing ' building or existing work to the public sewer or to connect to a new private disposal facility, backfilling of private sewage disposal facilities abandoned consequent to such connection is included in the building sewer permit. k. All Work to be Inspected. All plumbing and drainage systems shall be inspected by the Building Inspector to insure compliance with all the requirements of this ordinance. 1. Notification. It shall be the dutyof the person doing the work authorized by the permit to notify the Building Inspector orally or in writing, that said work is ready for inspection. Such notification shall be given not less than twenty-four (24) hours before the work is to be inspected. It shall be the duty of the person doing the work authorized by the permit, to make sure that the work will stand the .tests prescribed elsewhere in this ordinance, before giving the above notification. m. Reinspections. •A reinspection fee nay be assessed for each_ inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This subsection is not to be interpreted as requiring ' reinspection fees for the first time a job is rejected for failure to comply with the requirements of this ordinance, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection. KIE 370 309 Reinspection fees may be assessed when the permit card is not properly posted on the work site, the approved plans are not readily ' available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Inspector. Section S. Qualification of Plumbers. a. Definition of Plumbers and Contractors. 1. A "master plumber" is any.person skilled in the planning, superintending and the practical installation of plumbing who is familiar with the laws, rules and regulations governing the same. 2. A "journeyman plumber" is any person other than a master plumber who, as his principal occupation, is engaged in the practical installation, alteration, repair and removal of plumbing. 3. A "plumber's apprentice" is any person other than a master or journeyman plumber who, as his principal occupation, is engaged in learning and assisting in the installation of plumbing.and drainage. b. General Provisions, Licensing. 1. No person shall conduct the trade, business or calling of a plumber or plumbing in the city as employer or master plumber ' until he shall register, with the Director of Finance of said city, a state license as employer or master plumber issued by the Board of Plumber Examiners of the State of Colorado, which said certificate shall be in full force and effect, and no person shall engage in the business of plumbing in said city as a master or employing plumber, or in any business which. has as one of its objects the employing of journeymen plumbers to do actual plumbing work, in connection with the carrying on of any such business in said city without a City of Fort Collins license to do so. 2. No person shall labor at the trade of plumbing in the capacity of a journeyman plumber until he shall register with the Director of Finance of said city a certificate of competency or state license as a journeyman plumber issued by the Board of Plumber Examiners of the State of Colorado, which said certificate shall be in full force and effect., and until he has issued to him a valid journeyman Plumber's license by the City of Fort Collins. 3. No person shall labor at the trade of plumbing in the capacity of an apprentice plumber until he shall register with the Director of Finance of the City of Fort Collins and has been issued a valid apprentice plumber's license by the City of Fort Collins. No apprentice plumber while in the performance of his duty shall work upon any job while not under the immediate personal supervision of a license journeyman plumber, either in the installation of new work or repair work. , e. Application for License. 309 371 aid 1. Any person who is required by this ordinance to possess a plumber's license shall make application therefor to the Director of Finance on the forms provided by him and pay the fee as hereinafter provided. 2. The liconse application.of master plumbers shall be accrmpanied by a bond to the city, which shall be in the sum of five thousand dollars ($5,000.00) with a surety company to be approved by the Director of Finance, conditioned for the faithful performance of the duties required by ordinance, rules or regulations of the City of Fort Collins. 3. The application of each journeyman plumber and apprentice plumber shall show the master's license under whose supervision t work will be performed. x L^ - 4. .Master plumbers shall be required to call at the J office of the Director of Finance not only for their own license, but also for all licenses for apprentices and journeymen working under or for said master plumber. d. Building and Contractor's Licensing Board, Duties. 1. The Building and Contractor's Licensing Board established by Chapter 73, Licensed Occupations, Section 73-119 of this ordinance, shall conduct all hearings for suspension or revocation of a plumber's license as provided in subsection h hereof. ' 2. The Building and Contractor's Licensing Board may, on its own motion, or, if requested by the appellant, shall, augment its membership by not more than two (2) additional licensed plumbers to conduct any hearing involving suspension or revocation of a plumber's license. e. Application Fees. Before any plumber's license shall be granted by the Director of Finance, there shall be deposited as an initial fee: Type of License Fee For a master plumber's license $150.00 For a journeyman plumber's license 10.00 For an'apprentice plumber's license 3.00 f. Expiration of Licenses. Every plumber's license expires on December 31 and the cost shall not be prorated for any portion of the year. g.- Fees for Renewal of Licenses. All plumber's licenses . which have not been revoked or canceled may be renewed from year to year upon request and payment of the required fee. If a renewal of a license is ' requested and the required .fee is paid within one (1) year of the expiration date of the prior license, the fees shall be: 310 31-2 4% Type of License For a master plumber's license For a journeyman plumber's license For an apprentice plumber's license Fee $100.00 10.00 3.00 After one Cl) year a license cannot be renewed and the initial fee schedule applies. h. Suspension or Revocation of Licenses. Any plumber licensed 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. lie shall be responsible for all funds or property received by him for prosecution or completion of a specific contract or for a specific purpose. The Chief Building inspector may upon his motion and shall upon the verified complaint in writing of any person convene the Building and Contractor's Licensing Board for the purpose of holding a hearing to determine whether or not any license issued hereunder should be revoked or suspended. The license holder shall be given notice in writing of the meeting of such Board, such notice to be served upon the license holder by registered mail, postage prepaid, mailed to the last known post -office address of the license holder 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 the license holder at whose instance the complaint was made and the specific charges relied upon for suspension or revocation of license. The Building and Contractor's Licensing Board shall have the power to suspend or revoke any license if the holder thereof commits any one (1) or more of the following acts of omissions: 1. 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. 2. Misrepresentation of a material fact by a plumber in obtaining a license. 3. Fraudulent use of a license to obtain permits for another or lending of a license for any purpose. 4. Failure to obtain a permit for any work as required by this Code. S. Display of incompetency or lack of knowledge in matters relevant to the subject of plumbing. 6. Adjudication of insanity or incompetency by any competent authority. If any license is revoked hereunder, the license holder shall not be granted another license under this ordinance for at least twelve (12) months after the date of revocation. In suspending any license hereunder the Building and Contractor's Licensing Board.shall state the period of suspension. 1 311. 373 3IZ. Section 6. A public hearing on the adoption by reference thereto ' of the Uniform Plumbing Codc, 1973 Edition of the Infernational Association of Plumbing and Mechanical Officials, which Code is adopted by this ordinance, be, and the same hereby is, scheduled in the Council Chambers, City Hall, 300 LaPorte Avenue, Fort Collins, Colorado, at 5:30 o'clock P.M., on the 19th day of December, A.D. 1974, and the City Clerk .is hereby directed to publish notice of -said public meeting in 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. If any part, section, subsection, sentence, clause or y phrase of this ordinance or of the Code adopted hereby is for any reason x held to be invalid, such decision shall not affect the validity of the LO remaining sections of this ordinance or of said Uniform Plumbing Code and the City Council hereby declares that it would have passed this ordinance and adopted said Uniform Plumbing 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 Section 8. Section 86-1 through 86-5 of the Code of the City of Fort Collins are hereby repealed; provided, however, that the repeal of said ordinances 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 occurring before the effective date hereof and provided further that con- struction 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 conformity with the ordinance herein enacted. Introduced, considered favorably on first reading, and ordered published this 21st day of November, A.D. 1974, and to be presented for final passage on the 19th day of December, A.D. 1974. ATTEST: Assistant Mayor City Clerk A.D. 1974. ATTEST: Passed and.adopted on final reading this 19th day of December, 312, :374 3ta a First. reading: November 21, 1974 (Vote: Yeas: 6, Nays: 0) Second reading: December 19, 1974 (Vote: Yeas: 7, Nays: 0) Publishing Dates: November 26 and December 24, 1974 ' Attest: City Cler Citizen Participation 1. Dr. Myron L. Corrin, of the Department of Atmospheric Science, gave a report on the evidence he has available regarding the concentration of Carcinogens in Fort Collins' air and the steps to be taken on this matter. 2. Andy Anderson, 1421 Skyline, stated he would like to ask the Council to reconsider their vote on the location of the new Library. Mr. Anderson further requested this item be placed on the ballot for the General Election in April, 1975. 3. Herb Brauer, 421 South Howes, addressed an article in the Triangle Review editorial, relating to the location of the Library site. Presentation of Certificates to Board and Commission Members whose terms have expired Mayor Fead presented certificates to the following members of Boards and ' Commissions whose terms have expired and who were in attendance: 1. Henry Caulfield, Jr. - DT2 Steering Committee. 2. Ed Van Driel - Fire Code Review Board. 3. W. R. Dietloff, - Coordinating Conmiission for Senior Citizens. 4. Nbberta Cook - DT2 Steering Committee. S. Wilber Garfield - Golf Board. 6. Fred Feit - Water Board. 7. Harry Kahler - Planning and Zoning Board. Mayor Fead stated there were many others not in attendance who would receive certificates of appreciation. Installation of Traffic signals on Remington Street approved City Manager Brunton stated the City Administration had met with members of the School Administration and Student Body, and Parent Advisory Groups. ' Councilwoman Gray stated she would like to make a comment to School Superintendent Don Webber in their request that Remington Street be closed around Fort Collins High School. Council members had received protests regarding the possible closing of the street. 313 37.5 3tV_ Traffic Engineer, Joe Rice, spoke to the following list' of schools that abut'. on the arterial and collector streets: ' SCHOOLS DIRECTLY ABUTTING ONTO ARTERIAL AND COLLECTOR STREETS. SCHOOL STREET TYPE VOLUME-24 hrs. Harris Elememtary Elizabeth Collector 3880 — Whedbee Collector 4337 Bauder Elementary W. Prospect Major Arterial 3825 Washington Elementary S. Shields Major Arterial 7965 LaPorte Elementary LaPorte Ave. Major Arterial 7142 x Dunn Elementary W. Mulberry Major arterial 10628 lf: Lincoln Jr. High W. Mulberry Major Arterial 11291 Barton.Elementar y E. Prospect Major Arterial 8519 Lesher Jr. High E. Prospect Major Arterial 8519 Blevins Jr. High S. Taft Hill Major Arterial 5302 Fort Collins High Remington Collector 4285 Above volumes are taken from the 1973 State Highway Department traffic counts taken in late Celtember By calculating the and early October. taken volumes in May of this calendar year I'estimate the volumes in front of the school to be approximately 5000 average week day. 1 Superintendent of Schools, .Don Webber, spoke in favor of the closing of the street in front of the School. Councilwoman Gray made a motion, seconded by Councilwoman Preble, to adopt the following compromise plan: Keeping the 4-way stops at the intersections of Lake and Remington, Lake and Peterson, Pitkin and Peterson, and that reduced speed flashers and 20 mph speed limits be imposed in the immediate area of the FCHS building on Remington. At Remington and Pitkin, since both are collector streets and since signa- lized intersections are generally safer than 4-way stops for higher traffic volumes, and since that intersection is farther front the building:, it is recommended that we proceed with the installation of signals as planned. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. 314 376 3%S Decision of the Liquor Licensing Authority on two 3.2% Fermented Malt Beverage Licenses for National Convenience Stores dba Shop 'n Go Markets ' Reversed City Attorney Marc]-, suggested that Council consider the locations separately; Council has heard the argurients together and the transcripts are together, but Council should take action on each one. Councilwoman Preble made a motion, seconded by Councilman Bowling, that on the 802 South'College Avenue location, Council sustains the decision of the Liquor Licensing Authority. Yeas: Council members Bowling, Fead and Preble. Nays: Council members Gray, Reeves, Russell and Wilkinson. Mayor Fead stated the measure failed. Councilman Russell made a motion, seconded by Councilwoman Reeves, that Council reverse the decision of the Authority and remand the matter to the Authority with direction to grant the license at the 802 South College Avenue location. Yeas: Council ;members Gray, Reeves, Russell and Wilkinson. Nays: Council members Bowling, Fead and Preble. Councilwoman made a motion, seconded by Councilwoman Gray, that on the 1330 West Elizabeth location, Council reverse the decision of the Authority with direction to grant the license. Yeas: Council mei-.bers Gray, Reeves, Russell and Wilkinson. Nays: Councilmembers Bowling, Fead and Preble. Ordinance adopted on first reading annexing the Strachan Third Annexation Assistant Planner, Paul Deibel, identified the area in question as the south- west corner of Drake Road and Lemay Avenue, with 9.S acres, 6.6 of which are requesting to be zoned B-P, Planned Business and 2.9 acres as R-P, Planned Residential zone. The B-P zoning would include a commercial retail service. Individual adjacent property owners have voiced opposition to this concept'. Mr. Eugene Mitchell, petitioner, spoke to the contacts with the adjacent property owners, and their continued efforts to inform them of the plans for the shoppette area. Mr. Mitchell presented character sketches of the total area. Mr. Glen Sysum, 2812 Dundee Court, presented a petition in opposition to this proposed plan. Mr. hi carella of Edinburgh Court, asked that Council consider the transporta- tion plan that goes with the area, the need for such apartments, specifically, if the City had a housing study, and suggested that the Council not make a decision until it had a plan. 1 Ben Napheys III appeared on behalf of his mother, who did not object to the I anne::ation, not to a Planned Residential Zoning, she did object to the Planned Business zone and the specific plan presented. 315 377 James J uige, Arthitect and Land Planner for the proposed plan, spoke in support of the plan and the -land use. Mr. Earl Stafford, a realtor and resident of Parkwood, stated he did not feel this project was needed. Barbara Rutstein, 2917 Oxford Court, spoke in opposition to the project. - Gordon Murdoff stated he had his name on the petition opposing.the project and wished that it be removed. Council members spoke to the possible misrepresentation by realtors who v had told their clients the area would develop as single family residences, the history of the previous zoning of this tract and the objections pre- sented. - The developers will meet again and meet with the adjacent property J owners. :L7 Councilman Bowling made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 69, 1974 on first reading. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Ordinance adopted on first reading zoning the Strachan Third Annexation Councilwoman Preble made a motion, seconded by Councilman Bowling, to adopt Ordinance No. 70, 1974, on first reading. Yeas: Council members Bowling, ' Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Ordinance adopted on first reading amending the Zoning Ordinance City Attorney March stated the proposal comes about because of a specific case; that being the Church at Whedbee and Olive. The building is going out of existence as a church and the Board of Realtors has committed to buying it and using it as office space and meeting place. Under current zoning, the property is zoned under the R-M zone and the use is not possible. In order to use the building, it is necessary to either convert it into an apartment house or single family residence, tear it down, find another church to use it, or allow it to sit. The possibilities of allowing the use proposed would be to rezone it, to at least a high residential zone to allow office use, or to change the uses allowed in the R-M zone so as to allow the use. A draft ordinance has been prepared. Under the terms of the zoning ordinance the Council has the power to amend the provisions of the zoning ordinance without going to the Planning and Zoning Board and advertising it for hearing. The Realtor's have a problem because their option is about to expire. ' Councilman Russell inquired if the house behind the Church Vas included in the purchase. 316 378 Z�) City Attorney March stated he understood they were two sales. Councilman Russell inquired into the plans for parking. The City Attorney stated they had been advised that under the current ordinance�,even if this was done, ' they would still have that problem and would have to address it as a variance matter before the Zoning Board of Appeals. Assistant Planer, Paul Deibel, stated this item had come before the Planning and Zoning Board as a petition to rezone the Mercy Chapel to High Density Residential; at that meeting the area residents had objected to this pro- posal, they have not had an opportunity to be informed to this approach to the use of that building. Mr. Wayne Daugaard, `Tice President of the Board of Realtor's, stated a committment had been made to purchase the property and addressed the parking problem. City Manager Brunton spoke to the recommendation of the Administration that Council refer the matter back to the Planning and Zoning Board for considera- tion at the January 6, 1975 meeting and that it comeback to the Council. Dave Napoleon, Pastor with Mercy Chapel, spoke to the time element, speci- fically the closing on the manse scheduled for December 31, 1974. City Attorney March again stated a variance would be required and the Zoning Board of Appeals could not act on it until the Council has acted on an ordinance. . The alternatives open to Council on this matter are (1) pass the ordinance on first reading with percentages of total usable ' floor area devoted to office space, (2) accept in principal and refer it to the Planning and Zoning Board, or (3) pass the ordinance after filling in the figures, refer it to the Planning and Zoning Board and hear their report at the second reading of the Ordinance on January 7, 1975. Councilman Bowling made a motion, seconded by Councilman Russell, to insert the figures 20% in the Ordinance and adopt Ordinance No. 75, 1974 on first reading. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Engineering work at Rolland W. Moore Memorial Park approved City Manager Brunton stated the storm sewer situation had been previously discussed at a work session. The recommendation of the Administration is as follows: tecommendation: The Administration recommends that the City Council approve a contract with Land and Water Consultants, Inc., in the revised amount of $52,000 to perfonn the engineering work on the retention -detention pond and park plan in the Rolland IV. Moore Memorial Park. Listed below is a tentative construction schedule for this project: ' 317 379 3 I F 1975 January 1 Start work on project April 1 Preliminary Design completed April 30 City review completed May 1 Start work on final plans and specifications September 1 Plans and specifications completed October 1 Open construction bids October 15 Award construction contract November 1 Start construction Councilwoman Gray special services. Mr. inquired into fees listed for �p q it James Stewart stated these fees could occur at different periods U Motion was made by Councilman Wilkinson, seconded by Councilwoman Preble, to approve a contract with Land and Water Consultants, Inc., for $52,000 to perform engineering work at Rolland W. Moore Memorial Park and authorize the City Manager and City Clerk to execute the contract. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Request from Humane Society of Larimer County for additional funding in 1975 ' approved. City Manager Brunton read the following memo at length: On December 20, 1973, the Fort Collins City Council signed an agreement with the Humane Society for Larimer County. A copy of this agreement is enclosed. The agreement was for one year to commence when the Society's facilities became operational. Therefore, our agreement is from May 1, 1974, to April 30, 1975. When we first started negotiations with the Humane Society, it was our intent to .have the contract on a per -animal basis with debits and credits depending on the length of time the animals were impounded and other incidental costs versus the fines and impounding money received. Since the Society needed money, it was decided to give them $10,000 initially to assist in paying their final construction bills, and then $10,000 in twelve equal installments. From this amount we received a rebate of all retained and impounded animal fees. Apparently Loveland paid $5,000 for the eight months of 1974 and has budgeted $7,500 for 1975. Larimer County aut:hori>_ed a payment of $10,000 in 1974 and $12,000 in 1975. At the time we established and .prepared our 1975 budget, ' the humane Society did not have good figures for 1975. We have been discussing this (natter with them for some time. au 380 311 Enclosed is a copy of the "Proposed Operating lixpcnscs--'fhe fiwn:utc Society for Lorimer County Animal Shelter for Fiscal I'erlod Septewhcr I, 1974, to ' Septentf+er 30, 1975," a memorandinn from Steven R. Hughes, Administrative Assistant, to Police Chief Ralph Smith, and the request from time Ilumanc Sudety for $20,000 for the City of Fort Collins' fair share for 1975. Pecommcndatio_n: Although we can remain under our present contract through April, 1975, it was noncr our intent to pay less than our fair share along with the City of Loveland and Larimer County. Considering the length of time the Society has been in operation, they have bocn doing an excellent job. Only $10,000 is budgeted for the Society in 1975, and if this is increased, the overrun would be accounted for internally within the Police Department or within General Fund operations. The Administration recommends that, if the City Council believes we should pay more money to the Humane Society for Larimer County, they authorize the Administration to prepare a new contract starting January 1, 1975. The new contract would be trip for final consideration at the January 7, 1975, Council meeting, and any adjustments would be retroactive to January 1, 1975. A representative of the 1-hmtan Society spoke to the budgeting problems at the Shelter. Council addressed the problem of funding a neutering clinic. Councilman Bowling made a motion, seconded by Councilwoman Gray, to approve ' the request and authorize amending the contract to extend the term into January 1, 1975, calling for a payment of $20,000 over the year January It 1975 to January 1, 1976 and authorizing a urice adjustment to handle the rebate. Yeas: Council members Bowling, Gray, Preble, Reeves and Wilkinson. Nays: None. (Councilmen Fead and Russell out of room) Ordinance -adopted on first reading relating to Rules for the Water Utility Councilman Russell inquired of Council if the ordinance could be passed on the increases with a provision that would give relief for those over 65 years of age and on a fixed income and that in order to receive this reduction, they would have to apply in a similar method as is done for a tax rebate. City Attorney March stated the cases he had investigated in the past had considered it an unlawful discrimination in the operation of a utility. Councilwoman Preble made a motion, seconded by Councilman Bowling, to adopt Ordinance No. 65, 1974 on first reading. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Councilmani Russell made a motion, seconded by Councilman Bowling, to refer to the Administration the investigation of reduction in utilities for those over 65 years and on a fixed income, and to report back by the January 14, ' 1975 work session. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves and Russell. Nays: None. (Councilman Wilkinson out of room) 319 1 1 Resolution adopted approvi Compensation Plan and exte such Plan to additional Ci the amendment of a Deferred ng the Availability of City Attorney March stated this accomplished two things; it put the City in line with the current amendments that have been made to Internal Revenue Code relating to deferred compensation plans, and makes the Plan available to any City employee who wishes to join. Councilwoman Preble made a motion,seconded by Councilwoman Gray, to adopt the resolution. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. RESOLUTION 74-104 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE AMENDMENT OF A DEFERRED COMPENSATION PLAN AND EXTENDING THE AVAILABILITY OF SUCH PLAN TO ADDITIONAL CITY EMPLOYEES WHEREAS, the City of Fort Collins has previously established the ICMA Retirement Corporation's deferred compensation plan for Robert L. Brunton, the City Manager; and WHEREAS, the ICMA Retirement Corporation has requested that certain amendments be made to said plan; and WHEREAS, said amendments assist the City by simplifying the administration of said plan; and WHEREAS, it is in the best interests of the City to extend the availability of said plan to other employees of the City; and WHEREAS, the City will assist its employees at no cost to itself by extending the availability of said plan and by incorporating into said plan additional attractive features. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: 1. That the City of Fort Collins amend its Trust Agreement with the ICMA Retirement Corporation by substitution therefor the Deferred Compensation Plan attached hereto as Appendix A, and hereby authorizes its Mayor to execute the Deferred Compensation Plan with the International City Management Association Retirement Corporation; and 2. That the benefits of the plan shall be available to all full-time employees of the City and the City Manager may, on behalf of the City, execute all Joinder Agreements with said employees which are necessary for said persons participation in the plan, an example of which appears at Appendix B, except that any Joinder Agreement for the City Manager shall be executed by the Mayor. Passed and adopted at a regular.meeti ��th `t nci+ held this 19th day of December, A.D. 1974. AT ST: ����� 320 Mayor City Clerk Resolution adopted approving an agreement to be entered into with the Board of County Commissioners ' of Larimer County regarding Library Facilities Councilwoman Gray made a motion, seconded by Councilwoman Preble, to adopt the resolution. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. RESOLUTION 74-105 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT TO BE ENTERED INTO WITH THE BOARD OF COUNTY COMMISS1014ERS OF LARIMER COUNTY WHEREAS heretofore the City of Fort Collins and the County of Larimer entered into an agreement regarding the operation of the City and County libraries; and WHEREAS, in the opinion of the Council of the City of Fort Collins it is desirable to continue such agreement, and a new agreement has been prepared to continue the same arrangement for the year 1975; and l iEREAS, said agreement has been approved by the City Attorney r and the City Manager. , 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. Passed a adopted at a regular.meetirg of the City Council held this jor4 day of A.Dc 1974. ATTEST: -'Mayor l/ ®w gill City Clerk Selection of Architects for Seven -Year Sales Tax Capital Program approved , City Manager spoke to the following. reco-mmendations of the Staff Architectual Review Committee: 321 813' 32' Recommendation_: The. Committee submits the following recommendations for ' architectural services for various capital programs: 1. Library -- Iberett and 7eigel, Boulder, Colorado. 2. City llaLl Remodeling and Addition -- Robb & Brenner, Fort Collins. 3. Auditorium -- Stearns -Roger, Denver, Colorado. 4. Fire Station or Stations and Training Facilities -- Jim Cox, Fort Collins, Colorado. 5. Remodeling Coloradoan Building -- Robb & Brenner, Fort Collins. 6. Addition to Pioneer Museum -- Robb & Brenner, Fort Collins. 7. Addition to Service Center and Expansion of Garage Facilities - Black & Veatch, Denver, Colorado. W Stearns -Roger has worked extensively with the DT2 Auditorium Committee and the Administration in the initial feasibility studies on this project. Both groups have confidence in this firm. Enclosed is an Architectural Service Agreement with attachment and supporting letter with Stearns -Roger Company for your consideration. In all other cases the Administration recommends that they be authorized to send "letters of intent" to various recommended architectural firms. Pro- viding, acceptable architectural service agreements can be arrived at, the ' Council could consider approving various contracts at its January 7, 1975 meeting. The addition to the Service Center. and expansion to the garage facilities is not in the Seven -Year Capital Program but would be funded by the Water, Sewer and Electric Utilities.. the Equipment Fund and Revenue Sharing. l•ce feel it is premature to recommend architects for the remaining, portions of the capital. program, inc_tuding the swimming pool, ice skating rink and art museum. If one or two oC the fire stations are relocated, we will need architectural services to remodel these facilities. Our Committee discussed most of these projects with the various architects that were interviewed, and we have some sc,ggestion.s and recommendation,. A1_1 of these projects should be 9ositively reviewed in the early 5;>ring of 1975. Councilman Bowling stated that because of the lateness of the hour and since Council had just received the report, he would like to take the matter under advisement Councilwoman Preble made a motion, seconded by Councilwoman Reeves, to approve the recommendations of the Committee. Yeas: Council members Fead, Gray, Preble, Reeves and Wilkinson. Nays: Council members Bowling and Russell. Resolution Transferring Funds between ' 4propriations approved City Manager Brunton stated this was necessary when there were overruns in various departments. 322 a,8 4 Councilwoman Preble nude a motion, seconded by Councilwoman Reeves, to adopt ' the resolution. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. — RESOLUTION 74-106 OF THE COUNCIL OF THE CITY OF FORT COLLINS TRANSFERRING FUNDS BETWEEN APPROPRIATIONS. WHEREAS, under Section 15, Article Y of the City Charter, the Council of the City of Fort Collins is authorized to transfer funds between appropria- tions by resolution; and WIIEREAS, the Director of Finance has recommended that funds in the amount of $146,550.00 be transferred from the following General Fund appropria- tion accounts: loos Systems F, Information $ 12,450.00 1017 Insurance $ Retirement 85,400.00 1098 Contingencies 48,700.O0 $156,550.00 to the following appropriation accounts: 1000 City Council $ 13,300..00 1001 City Manager 1,800.00 1003 Personnel 1,700.00 loll Transportation 45,000.00 1020 Police 48,200.00 1040 Community Development Administration 2,100.00 1041 Engineering 4,700.00 1052 Recreation 14,300.00 loss Forestry 8,350.00 1061 Grandview Cemetery 6,100.00 1062 Roselawn Cemetery 1,000.00 $146,55o.00 WHEREAS, the Director of Finance has recommended that funds in the amount of $60,000.00 be transferred from the following Light $ Power Fund appropriation account: Capital Improvement $ 60,000.00 to the following appropriation account: ' Transmission f, Distribution $ 60,000.00 �26 3 8'5: .3 a- t 1 1 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Director of Finance be and lie hereby is authorized to transfer funds herein above designated. Passed and adopted at a regular meeting of the City Council held on the 19th day of December, A.D. 1974. ATTEST: Cit- y Clerk Resolution adopted approving an agreement with the Union Pacific Railroad Company Councilwoman Gray made a motion, seconded by Councilman Russell, to adopt the resolution. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. RESOLUTION74-107 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY WHEREAS, Union Pacific Railroad Company has tendered to the City of Fort Collins, Colorado, an agreement for a period of ten years commencing September 14, 1974, contract dated October 1, 1959, covering a 24-inch sanitary sewer pipe line on, along and across the right of way and under the track of the Railroad Company at Fort Collins, Colorado; said agreement being identified in the records of the Railroad Company as C.D. No. 38606-1-C; and WHEREAS, the Council of the City of Fort Collins has said proposed agreement before it and has given it careful review and con- sideration; 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. 324 a8 6. NOW, THEREFORE, BE IT RESOIVFD BY TUE 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. Passed and adopted at a regular meeting of the City Council held this 19th day of December, A.D. 1974. ATTEST: " Mayor" -� City Clerk Resolution authorizing the City Dlanager to Enter into Agreements with the State Department of Highways ' City Manager Brunton stated this resolution would -authorize him to enter into agreements with the Highway Department relative to the projects to be funded under the Urban Systems Program of the Federal Government adminis- tered by the Highway Department. Councilman Russell made a motion, seconded by Councilwoman Preble, to adopt the resolution. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and l9ilkinson. Nays: None. RESOLUTION 74-108 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO WHEREAS, the City of Fort Collins is eligible for assistance through the Federal Aid Primary Type II System; and WHEREAS, the City has applied for such assistance in connection with the following projects: Project No. Description , M8025(1) Spring Creek Bridge at Shields Street 32S 3aG 1 1.M8027(1) Taft Hill Road, between Mulberry Street and Laporte Avenue M8017(1) West Mulberry Street, between Crestmore and Taft Hill Road M8010(1) Traffic Signals at Drake - Lemay, and Stuart-Lemay; and WHEREAS, it will be necessary for the City to enter into agreements between the City and the State Highway Department; and WHEREAS; the City Council desires to authorize the City Manager to execute such agreements. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager and the City Clerk be, and they hereby are, authorized and directed to execute agreements between the City and the State Department of Highways, Division of Highways --State of Colorado, pertaining to the projects described above after the form of such agreement has been approved by the City Attorney. Passed and adopted at a regular meeting of the City Council held this 19th day of December, A.D. 1974. ATTEST: City Clerk Resolution adopted authorizing the installation of Street Lights at the expense of the City .in certain areas City Manager Brunton stated that the City is required when the abutting property owners are not charged per pole, or when a special improvement district is not initiated, to accomplish this by a resolution. The two areas to be improved were the Fort Collins Community Pool at the old Lincoln Junior High and in Andersonville and Alta Vista. Councilman Russell inquired if sodium lights were to be used and encouraged the use if feasible. ' Councilman Wilkinson made a motion, seconded by Cowicilman Russell, to adopt the resolution and encourage the use of sodium lights if feasible. Yeas: Council members Bowling, Fead,'Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. 326 347 RESOLUTION 74-109 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE INSTALLATION OF STREET LIGHTS AT THE EXPENSE OF.THE CITY IN CERTAIN AREAS WHEREAS, in the opinion of the City Council it is necessary and desirable and in the best interests of the City of Fort Collins that certain street lights as hereafter described, be installed; and WHEREAS, it appears to the satisfaction of the Council that such street lights should be installed at the expense of the City; and MEREAS, the street lights to be installed are as follows: Street lights in the area of the Fort Collins Community Swimming Pool; and Street lights in the Alta Vista Subdivision and Anderson Place Subdivision; all as more particularly detailed in the plans presented by the City Light and Power Department to the City Council. NOW, THEREFORE., BE IT RESOLVED BY THE COUNCIL OF THE CITY OF , FORT COLLINS- that the street lights as described above are.hereby authorized to be installed by.the Light and Power Department at the expense of the City. Pas -sad and adopted at a regular meeting of the City Council held this 19th day of December, A.D. 1974. ATTEST: yor City Clerk Resolution adopted approving an agreement to be entered into with the Boxelder Sanitation District City Manager Brunton stated this was the first step in getting the sanitary sewer to Andersonville. Councilwoman Preble made a motion, seconded by Councilman Bowling, to adopt the resolution. Yeas: Council members Bowling, Fead, Gray, Freble, I Reeves, Russell and Wilkinson. Nays: None. 327 3 8a9� 1 F1 RESOLUTION 74-110 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT TO BE ENTERED INTO WITH BOXELDER SANITATION DISTRICT WHEREAS, recently the City of Fort Collins annexed certain territory which included the Anderson Place Subdivision and the Alta Vista Subdivision; and WHEREAS, the City Council desires to make sanitary sewer service available to such subdivisions; and WHEREAS, it appears that said property can better be served by t}e sanitary sewer collection lines of the Boxelder Sanitation District; and WHEREAS, the administration of the City has negotiated with the Boxelder Sanitation District and agreement has been arrived at providing for the grant of a tap to the City on the line of the Boxelder Sanitation District to serve such areas; and WHEREAS, said agreement has been approved by the City Manager and the City Attorney and the.City Council now desires to approve the agreement and authorize its execution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLIN'S that the terms and conditions of said agreement with. Boxelder Sanitation District 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. Passed and adopted at a regular meeting of the City Council held this 19� day of 77 —ee ,.,6e-�- A.D. 197,�Z . ATTEST: Mayoi j City Clerk 328 390 Z21 Street Dedication on Shields Street accepted ' The Hill Pond development has recently been taken over by the Greenbaum Mortgage Company of Denver. The aforementioned Company intends to complete the construction of the units already started hopefully by summer of 1975. We had previously been negotiating with the former developer -owner to obtain the necessary right-of-way on Shields for the sidewalk and eventual street improvement purposes. We recently received a dedication deed for the full 50-foot width east of the conterline on Shields Street for the entire 1,985-foot distance. Recoimnendatien: The Administration recommends that the City Council accept the dedication deed for that portion of Shields Street. Councilman Russell made a motion, seconded by Councilwoman Preble, to accept the dedication deed. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Resolution authorized Changing the Name of East Linden Street City Manager Brunton stated he felt changing a street name was serious business; mails and other documents had to be changed. Associate Planner, Paul Doibel stated the Planning office had contacted the Police and Fire ' Departments who were not pleased with either having two Leiden Streets or two Cherry Streets. City Manager Brunton stated, before an official change was made, the residents would be notified. No further action taken on this item at this time, and the matter will be back on the Council agenda for the January 7, 1975 meeting. Mayor Fead appointed to the Larimer-Weld Regional Council of Governments Land Use Transportation Planning Committee Councilwoman Preble made a motion, seconded by Councilman Russell, to appoint Mayor Fead to the above Committee. Yeas: Council members Bowling, Gray, Preble, Reeves, Russell and Wilkinson. Nays: Mayor Fead. Purchase of Additional Property at Pdora Park approved There is need for additional park land at Edora Park, which is, and will be more so in the future, the major, general park in the southeast part of the city. 1 Part of the Seven Years Capital Improvements Program calls for an additional outdoor swimming pool in the city. The Swimming Pool Subcommittee of DTT 329 330 did extensive research and then recommended that the next swimming pool he ' built near Rocky Mountain Iligh School or Edora Park. The Parks and Recreation Board recommended the Edora Park site. If and when another swimming pool is .built, the Administration feels also that it should be at Horn Park. We have been negotiating for some time with Maurice L. Deines concerning his approximate 20 acres south of Edora Park. Jerry Moore has appraised the property. We recently received a negotiated offer to sell this property to the City for $130,000. Enclosed is a copy of this offer together with a statement concerning the property. With or without the swimming pool, this would be a valuable addition to Edora Park. According to the offer, we have 30 days for acceptance. Recommendation: The Administration recommends that the City Council authorize the purchase of the approximate 20 acres from Maurice L. Deines for $130,000 C7 and that they request the City Attorney to prepare the necessary legal papers. W Councilwoman Preble made a motion, seconded by Councilman Bowling, to auth- orize the purchase of approximately 20 acres from Maurice L. Deines for $130,000 and authorize the City Manager and City Clerk to execute the pur- chase on behelf of the City. Yeas: Council. members Bowling, Fead, Gray, Preble, Reeves and Wilkinson. Nays: Councilman Russell. ' Adjournment Councilwoman Preble made a motion, seconded by Councilwoman Reeves, that the Council adjourn. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Mayo ATTEST: G' /IAA City Clerk r—i 330