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HomeMy WebLinkAboutMINUTES-02/15/1977-Regular1 1 February 15, 1977 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Regular Meeting - 5:30 P.M. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, February 15, 1977 at 5:30 P.M. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by Councilmembers Bloom, Gray, Reeves, Russell and Wilkinson. (Secretary's Note: Councilmembers Bowling and Suinn arrived shortly after the start of the meeting.) Staff Members Present: Brunton, Bingman, Deibel, Woods, Smith, Kost, Kaplan, Holmes, LeValley and Lewis. Also: City Attorney Arthur March,.Jr. Minutes of the Regular Meeting of January 18, 1977 Approved as Published Councilman Russell made a motion, seconded by Councilwoman Reeves to approve the minutes of the regular meeting of January 18, 1977 as published. Yeas: Councilmembers Bloom, Gray, Reeves, Russell, and Wilkinson. Nays: None. Ordinance Tabled on Second Reading Zoning the Suitts First Annexation to March•1, 197 Following is the City Manager's memorandum and recommendation on this item: "At its February 1, 1977, meeting the City Council.tabled for the second time the second reading of Ordinance No. 1, 1977. This ordinance provides for the zoning of 68.3 acres located on the south side of the Poudre River between Highway 14 and Prospect Street from I-P, Planned Industrial District zoning. Mr. Suitts agreed to dedicate the right of way along the Poudre River,for a trails program. The City is also negotiating with Mr. Suitts to purchase a tract of land on the site for open space. We have not been able to come to any final figure on the value of the land. 266 i The Council indicated that they did not want this Ordinance passed on second reading until the right of way dedication on the Poudre River trails program was received and acquisition of addi- tional property was accomplished. We again feel this matter has to be tabled. Recommendation: The Administration recommends that the second reading ot Ordinance No. 1, 1977, be tabled until March 1, 1977." Councilman Bloom made a motion, seconded by Councilwoman Reeves to table Ordinance No. 1, 1977 on second reading. to 'March 1, 1977. Yeas: Councilmembers Bloom, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Ordinance Adopted on Second Reading Annexing the Suitts Second Annexation Following is the City Manager's memorandum on this item: "At its February 1, 1977, meeting the City Council adopted Ordinance No. 9, 1977, on first reading. This Ordinance annexes 71.2 acres to the city. We recently annexed the Suitts First Annexation consisting of 68.3 acres. Zoning of both parcels is held up pending the final acquisition of right of way for the trails program along the Poudre River and the purchase of a piece of land for part of the trails in the Poudre River development program." Councilwoman Reeves made a motion, seconded by Councilman Bloom to adopt Ordinance No. 9, 1977 on second reading. Yeas: Council - members Bloom, Bowling; Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. ORDINANCE NO. 9 , 1977 BEING AN ORDINANCE ANNEXING PROPERTY KNOWN AS THE SUITTS SECOND ANNEXATION TO THE CITY OF.FORT COLLINS WHEREAS, heretofore, a written petition, together with four prints of an annexation map was filed with. the City Clerk of the.City of Fort Collins requesting the annexation of certain territory more particularly described below to the City, and WHEREAS, the City Council has found and determined and does hereby find and determine that said petition is in substantial compliance with. the pro- v;cinns of Colorado Revised Statutes, 1973, Section 31=8-107 as amended, and 267 1 1 1 1 WHEREAS, the owners of 100% of the property.to be annexed have petitioned for said annexation, and WHEREAS, not less than one -sixth (1/6th) of the perimeter of the area to be annexed is contiguous with the City of Fort Collins and a community of interest exists between the territory to be annexed and the City of Fort Collins and the territory to be annexed is urban or will be urbanized in the near future and such territory is integrated or is capable of being integrated with the City of Fort Collins, and WHEREAS, none of the provisions of Colorado Revised Statutues, 1973, Section 31-8-105 as amended, are violated by the annexation of this territory to the City, and WHEREAS, no election is required under the provisions of Colorado Revised Statutes, 1973, Section 31-8-107(2) as amended, and no additional terms and conditions are to be imposed in connection with this annexation, and WHEREAS, the territory is eligible for annexation and the City Council desires to annex the same to the City of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That all of the territory more particularly described as situtate in the County of Latimer, State of Colorado, to -wit: A part of the West 1./2 of Section 17 and a part of the Northeast 1/4 of Section 18, Township 7 North, Range 68 West of the Sixth P.N., which considering the West line of said Section 17 as bearing N 00° 01' E and with all bearings contained herein, relative thereto, is contained within the boundary lines which begin at a point which bears N 00001' E 759.00 feet and again S 840 55' E 1074.14 feet and again N 00001' E 100.00 feet from the Southwest corner of said Section 17 and run thence N 000 01' E 2235.67 feet; thence S 890 29' W 1069.99 feet; thence N 820 25' W 1241..16 feet; thence N 070 58' W 729.15 feet; thence N 680 42' W 513.12 feet; thence N 56032'35" E 24.80 feet; thence N 69033' 45" E 347.26 feet; thence N 83049' 10" E 1.48.95 feet; thence S 55051'05" E 464.20 feet; thence S 71.048'40" E 201.72 feet; thence N 70019'50" F. 212.77 feet; thence N 46012' 30" E 203.20 feet; thence N 28056'15" E 66.26 feet; thence N 49039'50" E 236.14 feet: thence N 77052'30" E 184.84 feet; thence S 87053'08"E 236.02 feet; thence N 86003' E 219.00 feet; thence N 69044' E 167.90 feet; thence S 770 14' F. 173.10 feet; thence S 56005' E173.40 feet; thence S 360 07' E `154.00 feet; thence S 01052'E 154.80 feet; thence S 06055'E 209.30 feet; thence S 190OV E 193.00 feet; thence S 39030' F. 95.29 feet; thence S 000Ol'W 2783.23 feet; thence N 84055'W 100.00 feet to the point of beginning containing 71.1815 acres more or less. Sd be and it hereby is annexed to the City of Fort Collins and made a part of said City, to be known as the Suitts Second Annexation. Section 2. That in annexing said territory to the City of Fort Collins, the City of Fort Collins does not assume any obligation.respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with territory hereby annexed except as may be provided by the ordinances of the City of Fort Collins. Section 3. Within ninety (90) days from the date this ordinance becomes effective, no building permit shall.be issued for any of the lands.herein described unless said lands have been zoned under the zoning ordinances of the City. Introduced, considered favorably on first.reading, and ordered published this 1st day of February A.D:, 1977 , and to be presented for final passage on the'15th day of February A.D., 1977 . SMayor4o i EST: 1' ` 14 City Clerk Passed and adopted on final reading this ATTEST: City Clerk 269 15th day of February A.D., 1977 1 1 1 First Reading: February 1, 1977 (Vote:.. Yeas:'6, Nays: 0) Second Reading: February 15, 1977 (Vote: Yeas: 7, Nays: 0) Dates Published: February 6, 1977 and February 20, 1977 Attest: City Clerk Ordinance Adopted on Second Reading Calling for a General Election Following is the City Manager's memorandum on this item: "Ordinance No. 11, 1977, was passed on first reading at the February 1, 1977, City Council meeting,. This ordinance is required by the City Charter to provide for the general election on the first Monday of April of the odd numbered years. The election on April 5, 1977, will be for the election of four City Council members nominated by district and elected at -large for 4-year terms. There will also be special issues on the City ballot." Councilwoman Gray made a motion, seconded by Councilman Suinn to adopt Ordinance No. 11,'1977 on second reading. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell, Suinn and 14ilkinson. Nays: None. ORDINANCE NO. 11 1977 BEING AN ORDINANCE CALLING FOR AND PROVIDING FOR THE GENERAL CITY ELECTION TO BE HELD IN .THE CITY OF FORT COLLINS, COLORADO, ON TUESDAY, THE 5TH DAY OF APRIL, 1977 WHEREAS, Article XVI, Section 2, of the Charter of the City of Fort Collins provides for a General City Election to be held on the first Tuesday after the first Monday in April, 1955, and biannually thereafter; and WHEREAS, said Charter further provides that the Council shall provide by ordinance for the manner of holding said elections and such additional regulations in respect thereto as may be necessary to accomplish the intent of the Charter. 270 t. NOW, THEREFORE, BE IT ORDAINED BY 'THE .COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the General City Election be, and the same hereby is, called as provided by law to be held in the several precincts of the City of Fort Collins, Colorado, on Tuesday, the 5th day of April, 1977. At such election four members of the City Council .(nominated from districts) shall be elected to hold office for four (4) years from the first Tuesday in April after the second Monday in April, 1977. At such election there shall also be submitted to the qualified voters such Charter amendments as are to be voted upon. Section 2. Said election shall be held and conducted as nearly as may be practicable in the manner prescribed by the Municipal Election Code (Article 10, Title 31, C.R.S. 1973). Each person offering to vote in said election must be a qualified elector registered to vote in the City of Fort Collins. Voting machines shall be used at the election. Section 3. The City Clerk shall publish such notices of the election and of the candidates and issues to be voted upon as may be required by law. Section 4. The Board of Elections shall provide for determination of the winner in event of tie vote, for canvass of returns of said election and for issuance of appropriate certificates as provided in Section 6 and 12 of Article XVI of the City Charter. Introduced, considered favorably on first reading and ordered published this lst day of February, A.D. 1977, and to be presented for final passage on the 15th , day of February , A.D. 1977. ATTEST: City Clerk 271 L-a-.C- =AV -A 7 1 Passed and adopted on final reading this day of A.D. 1977. Mayor ATTEST: ,ty erk`� First Reading: February 1, 1977 (Vote: Yeas: 6, Nays: 0) Second Reading: February 15, 1977 (Vote: Yeas: 7, Nays: 0) Dates Published: February 6, 1977 and February 20, 1977 Attest: City Clerk n' Ordinance Adopted on Second Reading Relating to the City Electrical Utility and Rates for Services of Such Utility }v, Following is the City Manager's memorandum on this item: E. "At its February 1, 1977, meeting, the City Council adopted Ordinance No. 13, 1977, on first reading. The average rate increase in the proposed ordinance is 16.8%. This will vary between classes of customers because of the desire and require- ment under the resolution previously adopted to establish rates based on the cost of service. The City Council has had several work sessions on these rates. There was considerable desire on the part of the public and the Council to restudy our entire rate structure including analyzing inverted rates, cost of living rates, peak rates, etc. The City Administration indicated that there would be a preliminary report on this subject ready for the February 22, 1977, Council work session." Councilwoman Reeves made a motion, seconded by Councilwoman Gray to adopt Ordinance No. 13, 1977 on second reading. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: Councilman Suinn. _ 272 I ORDINANCE NO. 13 1977 BEING AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 112 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE CITY ELECTRIC UTILITY AND RATES FOR SERVICES FROM SUCH UTILITY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 112-118 (A) of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: 'A. Schedule No. 1: Residential Service. (1) Applicability. This schedule shall be applicable within the corporate limits of Fort Collins and the suburban fringe_. (2) Availability.'0 nale-family basis. This schedule shall be available to residential consumers for all domestic uses in single-family private dwellings, individually metered apartments, and home occupations - as defined in Section 118-81 (C), but is not available for hotels, motels, fraternities, sororities, clubs, rooming houses, rest homes, churches, hospitals or for businesses operated in conjunction with a residence. This schedule shall.not be available for standby or auxiliary service. (3) Rates. Kilowatt -Hours Charges per Used per Month Kilowatt -Hour First 35 kilowatt- $0.06 hours per month Next 40 kilowatt- .045 hours per month Next 425 kilowatt- .0308 hours per month All additonal kilowatt- .0223 hours per month (4) Minimum charge. The net minimum charge"per meter per month shall be two dollars and ten cents 02.10). 273 (5) Excess Capacit charge. A capacity charge of two dollars ($2.00) per kilowatt may be added to the above rates and charges for service to intermittent loads. (6) Service charge. There shall be a service charge of $8.00 for the processing of a request for electrical service under this schedule, except when said request is made for after-hours service in which case the service charge shall be $49.50. There shall further be a service charge of $8.00 for a special meter reading and/or a special billing. (7) Availability, multi -family basis. The foregoing rate schedule is also available for multi -family residential use by multiplying each step of .the rate and the minimum by the following factors: Type of Unit Multiplication Factor Two-family 1,9 Three-family 2,7 Four -family 3.4 Five -family 4.1 More than five - family, add 0,8 per unit over 5 units (8) Payment of charges. The foregoing rates are net. Bills for electric services are due and payable within ten (10) days from the date of billing. (9) Contract period: All contracts under this schedule shall be for a minimum period of. thirty (30) days and there- after until terminated upon three (3) days' written notice to the city. (10) Rules and regulations. (a) A family unit is defined as living quarters for a family as herein defined plus the.space provided for rent of sleeping rooms only without cooking facilities for not exceeding two (2) roomers. In private residences where space is arranged to be rented to more than two (2) roomers, space for each four (4). or less additional roomers shall be considered as an additional family unit. For.the purpose of the foregoing, a family shall be con- strued to mean two (2) or more persons related by blood or marriage. In the event a residence is 274 not occupied by a'family, then a single family unit shall be construed to be no more than five (5) persons not related by blood or marriage, whether roomers or otherwise, and the space for each four (4) or less additional residents shall be considered as in additional family unit. ({)) Those desiring service under this schedule shall apply at the office of the Light and Power Department and agree to abide by the conditions of this schedule and the provisions of the Electric Service Rules and Regulations Of the City, as approved by the City Council. Any person requesting -or receiving electric service from the City shall make his premises subject to inspection by the Light and Power Department as required." Section 2. That Section 112-118 (B) of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "B. Schedule No. 2: Business Service. Cl) Applicability. This schedule shall be applicable within the corporate limits of Fort Collins and the suburban fringe. (2) Availability. (a) This schedule is available for lighting service or combined lighting and power service to commercial and industrial customers including hotels, motels, fraternities, sororities, clubs, lodges, rooming houses, rest homes, tourist camps, churches, hospitals and similar uses, and optionally for apartments and multiple dwellings where more than one (1) dwelling or single living quarter is served through' one (1) meter. This schedule shall not be available for standby or auxiliary service. (b) Service under this schedule is available through a single meter at single-phase or, where service is available, three-phase secondary voltage. Single- phase motors from one((1) to five (5) horsepower may be connected with';the approval of the Department. 0) Rates. Kilowatt -Hours Used per Month First 50 kilowatt- hours used per month Next 450 kilowatt- hours used per month Next 1,500 kilowatt- hours used per month 27.5 Charges per Kilowatt -Hour $0,065 .049 .045 1 Next 3,000 kilowatt- .039 — hours -vied -per --month — All additional kilowatt- 031 hours per month . (4) Minimum (barges. The minimum charge shall be not less than four dollars ($4.00) per month. The minimum demand charge shall be not less than two dollars ($2.00) per thousand watts of connected load or two dollars ($2.00) per kilowatt, fifteen -minute integrated demand if a demand meter is installed i.n connection with the service. (5) Excess Capacity charge. A capacity charge of two dollars ($2.00) per kilowatt may be added to the above rates and charges for service to intermittent loads. (6) Service Charge. There shall be a service charge of $8.00 for the processing of a request for electrical service under this schedule, except when said request is made for after-hours service in which case the service charge.shall be $49.50. There shall further be a service charge of $8.00 for a special meter reading and/or a special billing. (7) Payment of charges. The foregoing rates.are net. Bills for electric service are due and payable within ten (10) days from the date of billing. (8) Power factor. The customer shall install power factor correction equipment if necessary, to ensure a power factor of not less than ninety percent (90%) lagging. (9) Contract period. All contracts under this schedule shall be for a minimum period of thirty (30) days and thereafter until terminated, where service is no longer required, on three (_3) days' written notice to the.City. (10) Rules and regulations. Those desiring service under this schedule shall apply at the office of the Light and Power Department and agree to abide by the con- ditions of this schedule and the provisions of the Electric Service Rules and Regulations of the City, as approved by the City Council." Section 3. That Section 112-118 (C) of the Code of the City of Fort Collins -be, and the same hereby is, amended to read as follows: "C. Schedule No. 4 General Secondary Power Service. Cl) Applicability. This schedule shall be applicable within the corporate limits of fort Collins and the suburban fringe. (2) Availability. This schedule is available at either single-phase or three-phase secondary voltage power service. This schedule shall not be available for standby or auxiliary service. 276- (31 Rates. Kilowatt-hours Used per Month First 40 kilowatt- hours used per month per kilowatt of demand, but not less than for first 80 kilowatt-hours used Next 60 kilowatt- hours used per month per kilowatt of demand, but not less than for next 12d kilowatt-hours used All additional kilowatt- hours used per month (4) Minimum charges. f Charges per ` "Kilowatt=Hour $0,079 r ... .07 . ,0254 (a) The net monthly minimum charge per kilowatt of demand shall be two dollars and fourteen cents ($2.14). (b) The minimum monthly charge shall be not less per meter than four dollars and thirty cents ($4.30). (5) Excess Capacity charge. A capacity charge of two dollars ($2.00) per kilowatt may be added to the above rates and charges for service to intermittent loads. (6) Service Charge. There shall be a service charge of $30.00 for the processing of a request for electrical service under this schedule, except when said request is made for after-hours service in which case the service charge shall be $49.50. There shall further be a service charge of $30.00 for a special meter reading and/or a special billing. (7) Payment of charges. The foregoing rates are net. Bills for electric service are due and payable within ten (10) days from the date of billing, (8) Determination of billing demand..; -The highest rate of use in kilowatts during any -fifteen, -minute interval of the billing period shallbe as,,determined at the Light and Power Department's option 'by demand meter or periodic load test.. 277 1 (91 Power factor adjustment. Power factor shall be de.ternined_by_-per-iod:i-c-tes:t:ing_us.i:ng-graph--ic=watt=and---- - -var-instruments,—such--test-results shall -tie the basis - of billing adjustment until the next periodic test. Periodic testing shall be conducted on an approximate six (6) month schedule or as may be required by the Department. If the power factor falls below ninety percent (90%). lagging, power factor adjustment may be made by increasing the highest fifteen -minute integrated demand occurring during the monthly billing eriod by one percent (1%) for each one.percent (1%. or major fraction thereof by which the power factor is less than ninety percent (90%) lagging. The power factor adjust- ment shall be based on the power factor at the time of maximum demand as recorded during periodic test. (10). Contract period. Service under this schedule is available for a minimum period of ninety (90) days and thereafter until terminated by three (3) days' written notice to the City. (11) Rules and regulations. Those desiring service under this schedule shall apply at the office of the Department and agree to abide by the conditions of this schedule and the provisions of the Electric Service Rules and Regulations of the City, as approved by the City Council." Section 4. That Section 112-118 (D) of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: .Y "D. Schedule No. 5: Industrial Power. Cl) Applicability. This schedule shall be applicable within the corporate limits of Fort Collins and the suburban fringe. (2) Availability. This rate is intended to be available at the voltage of the City.'s primary electric system at thirteen thousand eight hundred (13,800) volts for three-phase industrial power and combined lighting and power. This schedule is not available for standby or, auxiliary service. (3) Rates. Kilowatt-hours Charges per Used per Month Kilowatt -Hour First 20 kilowatt-. hours used per month per kilowatt of .billing demand. but not less than 2.500 kilowatt-hours 278 $0,0447 Next 70 kilowatt- hours used per month per kilowatt of billing demand, but not -less than 8,750.kilowatt-hours .0446 Next 500,000 kilowatt- hours used per month. .013 Excess kilowatt-hours .0111 (41 Minimum charges. The minimum charge shall be not less than five hundred dollars ($500,00) per month for power service, provided that the connected lighting load used does not exceed twenty-five percent (25%) of the total connected load, and not less than five thousand dollars ($5,000,00) per month for combined -lighting and power service where the connected lighting load exceeds twenty-five percent (25%). (51 Excess Capacity charge. A capacity charge of two dollars ($2.00) per kilowatt may be added to the above rates and charges for service to intermittent loads. (6) Service charge. There shall.be a service charge of $30.00 for the processing of a request for electrical service under this schedule, except when said request is made for after-hours service in which case the -service charge shall be $49.50. There shall further be a service charge of $30.00 for a special meter reading and/or a special billing. (7) Payment of charges. The foregoing rate is net. Bills for electric service are due and payable within ten (10) days from the date of billing.. (8) Billing demand. The billing demand shall be the highest rate of use in kilowatts during any fifteen - minute interval of the billing period, as determined at the Light and Power Department's option by demand meter or periodic load test, adjusted by the power factor adjustment, provided that it shall be not less than sixty percent (60%) of the highest billing demand occurring during any of the preceding eleven (11). months. (91 Power factor adjustment. Power factor shall be determined by periodic testing using graphic watt and var instruments, such test results shall be the basis of billing adjustment until the next periodic test. Periodic testing shall be conducted on an approximate six (6) month schedule or as may be required by;the Department. If the power factor falls below ninety percent (90%) lagging, power factor adjustment may be made by increasing the highest fifteen -minute integrated' -,demand occurring during the monthly billing period by one percent (1%1 for each one percent (lfl or major fraction thereof by which the power 279 1 1 1 — factor -is less=than=ninety=percent (90%)-1a gg.ing,—The— power factor adjustment, shall be based on the power factor at the time of,maximum demand as recorded during periodic test. C101 Secondary service. Where service is rendered under this schedule at secondary voltage and the City owns and furnished the transformer and substation converting to the lower voltage desired.by the customer, an additional charge shall be made each month of two precent (2%) of the bill for service. If for any reason metering is accomplished at secondary voltage, an additional one and one-half percent (12%) shall be added to the monthly bill. A charge additional to'the schedule shall be made each month of two percent (2%) of the bill for service at two.thousand four hundred (2,400) volts or four thousand one hundred sixty (4,160) volts. (11) Contract period. Service under this schedule is available for a minimum period of twelve (12) months and thereafter until terminated by ten (10) days' notice in writing to the City. (12) Rules and regulations. Service under this schedule is subject to provisions of the Electric Service Rules and Regulations of the City, as approved by the City Council." Section 5. That Section 112-118 (E) (2) of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "E. Schedule No. 10: Special Area Floodlighting. (2) Rates. Size of Lamp Charges per Month Mercury Vapor On Peak Off Peak. 175 Watt $ 6.55 $ 5.55 250 Watt 8.65 7.30 400 Watt 11.75 9.65 "y 1,000 Watt 24.15 19.15 High Pressure Sodium . 150 Watt 7.85 6,95 240 Watt. 11.75 10.35 400 Watt 24.15 22,00 280 a Section.6, That Section 112-118.(F) of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: ".F. Schedule No. 11: Combined Lighting and Power Service. (11 Applicability. This schedule shall be applicable in the service area of the City of Fort Collins for supplying all of the electric lighting and power requirements of a customer through a single meter, (2) Availability. This rate is available _at the established secondary voltage of the City's distribution system. Service shall be at three-phase except that it may be rendered at single-phase with the approval of the Light and Power Department, Voltages for four -wire service shall be subject to the requirements of the Department. This schedule shall not be available for standby or auxiliary service, (31 Rates. Kilowatt -Hours Used Charges Per Kilowatt Hour First 135 kilowatt- hours used per month per kilowatt of billing demand, but not less than 5,400 kilowatt-hours '$0.0452 Next 20,000 kilowatt- hours used per month .02 Excess kilowatt-hours .01 harge (4) Minilessmum thanhtwoehundredminimum dollarsc($200.00)le per month. (5) .Excess Capacity charge. A capacity charge of two dollars ($2.00) per kilowatt may be added to the above rates and charges for service to intermittent loads. (61 Service charge. There shall be a service charge of $30.00 for the processing of a request for electrical service under this schedule, except when said request is made for after-hours service. in which case%the service charge shall be $49.50. There shall further be a service charge of $30.00 for a special meter reading and/or a special billing, 281 C71 Payment of charges. The foregoing rates are net. Bills for electric service are due and payable within. ten (10)'days from the date of .billing. (8I Billing demand, The billing demand shall be determined i by suitable meter measurement of the highest fifteen - minute integrated demand occurring during the monthly billing period, adjusted by the power factor adjustment, provided that it shall be not less than sixty percent (60%), of the highest billing demand occurring during any of the preceding eleven (111 months. (9.) Power factor adjustment. Power factor shall be determined by periodic testing using graphic watt and var instruments, such test,results shall be the basis of billing adjustment until the next periodic test. Periodic testing shall be,conducted on an approximate six (6) month schedule or as may be required by the Department. If the power factor falls below ninety percent (90%) lagging, power factor adjustment may be made by increasing the highest fifteen -minute integrated demand occurring during the monthly billing period by one percent (1%) for each one percent (1%) or major fraction thereof by which the power factor is less than ninety percent (90%) lagging, The power factor adjust- ment shall be based on the power factor at the time of maximum demand as recorded duri'ng periodic test, (10) Primary service. Where service is metered under this schedule at primary voltage, a discount shall be made each month of one and one-half percent (1z%) of the ;• bill for service. Where service is taken at the City's established primary voltage and the City does not own the transformers and substations converting to secondary voltage, an additional credit of two percent (2%)',of the monthly bill shall be allowed, (11) Contract period. Service under this schedule is available for a minimum period of twelve (12) months and thereafter until terminated by ten (10) day's notice in writing to the City, (12) Rules and regulations. Those desiring service under this schedule shall apply at the office of the Light and Power Department and agree to abide by the conditions of this y schedule and the provisions of the Electric: Service Rules and Regulations of.the City,. as. approved by the City Council" 282 Section 7. That Section ll2-118::CGi.C3)_ of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "G...Schedule M: Municipal. Street:L.ighting, C31 Rates. Size of Lamp Char4es per Year Mercury Vapor On Peak Off Peak 175 Watt/yr $ 62.23 $ 50.47 250 Watt/yr 72.901.1 56.82 406 Watt/yr 90,77. 65.69 1,000 Watt/yr 172.25 112.25 High Pressure Sodium 150 Watt/yr 69.46. 58.42 250 Watt/yr 89.40 72.48 400 Watt/yr 124.46 98.42 Metal Halide 1,000 Watt/yr 214.93 142,78 Controlled Lighting Discount Non -burn kwh/kwh .0061 OG61" Section 8. That Section.112-118(HX2)of the Code of. the City of Fort Collins be, and the same hereby is, -amended to read as follows: "K. Schedule T: Traffic Signal. Service. (2) Rates. Charge per Kilowatt-hour • Kilowatt-hours used $0.02416 Section 9. That Section 112-118 of the Code of the City of Fort Collins be, and the same hereby is, amended by adding thereto at. the and thereof, the following: 283 V "J. Definitions, For the purposes of Section 112-118, the following terms shall have the meanings indicated: (11 AFTER-HOURS - Those hours between 4:00 p.M. and 8:00 A.M., Monday through Friday. and holidays. (2). INTERMITTENT LOADS - An electrical demand of. an intermittent or fluctuating character or which reflects frequent starting with high current inrush, (31 OFF PEAK - That period of time beginning two (2) hours after dusk and ending at dawn.. (4). ON PEAK - That period of time beginning .at dusk and extending for two (2) hours. (5) SPECIAL METER READING AND/OR SPECIAL BILLING - A'meter reading or billing performed at the request of the consumer in addition to the normal monthly meter reading or billing." Introduced, considered favorably on first reading, and ordered published this. 1st day of February , A.D. 1977, and to be presented for final passage on the 15thday of February , A.D. 1977. i ATTEST: y C erk Passed and adopted on.final reading this i day of 77_14z 7 . A.D. 19774 Mayor ATTEST: ityCer ': 284' (' First Reading: February 1, 1977 Second Reading: February 15, 1977 Dates Published: February 6, 1977 Attest: City Clerk (Vote: Yeas: 6, Nays: 0) (Vote: Yeas: 6, Nays: 1) and February 20, 1977 Ordinance Adopted on Second Reading Zoning the Strachan Fourth Annexation Following is the City Manager's memorandum on this item: "Ordinance No. 14, 1977, was adopted on first reading at the February 1, 1977, City Council meeting. This Ordinance zones the 7.1-acre tract at the northwest corner of East Horsetooth Road and John Smith Street in the H-B zone. This tract is a part of a larger 21.5-acre tract, and the remaining 14.5 acres is currently being involuntarily annexed. The hearing on this annexation will be at the March 1 Council meeting. Council received with the last meeting's agenda the zoning report from the Planning and Zoning Board and Planning staff covering both of these tracts of land." Councilman Russell made a motion, seconded by Councilman Bloom to adopt Ordinance No. 14, 1977 on second reading. Yeas: Council - members Bloom, Bowling, Reeves, Russell and Wilkinson. Nays: Councilmembers Gray and Suinn. ORDINANCE NO. 14 , 1977 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 STRACHAN FOURTH ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the Zoning District Map adopted by Chapter 118 of the Code of the City of Fort Collins, be and the same hereby is changed and amended by including the property known as the Strachan Fourth Annexation to the City of Fort Collins, Colorado, in the H-B, Highway Business District. 285 r -., Section 2. The City Engineer is hereby authorized and directed to amend said Zoning District Map in accordance with this ordinance. Introduced, considered favorably on first reading, and ordered published this 1st day of February, A.D. 1977, and to be presented for final passage on the 15thlay of February A.D. 1977. ATTEST: City Clerk Passed and adopted on final reading this /, 'Xday of A.D. 1977. at�yor ATTEST: City Clerk First Reading: February 1, 1977 (Vote: Yeas: 5, Nays: 1) Second Reading: February 15, 1977 (Vote: Yeas: 5, Nays: 2) Dates Published: February 6, 1977 and February 20, 1977 Attest: City Clerk 286 Ordinance Adopted on Second Reading Rezoning the Matador Apartments Following is the City Manager's memorandum on this item: "Ordinance No. 15, 1977, was adopted on first reading at -the February 1, 1977, City Council meeting. The Matador Apartments - Elizabeth Street rezoning consists of 4.2 acres located on the south side of West Elizabeth Street east of South Bryan Avenue. The requested rezoning is from R-P, Planned Residential District. The Planning and Zoning Board unanimously approved this zoning for this property." Councilwoman Gray made a motion, seconded by Councilman Bloom to adopt Ordinance No. 15, 1977 on second reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: Councilman Suinn. ORDINANCE NO. 15 , 1977 ---- BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING CLASSIFICATION FOR CERTAIN PROPERTY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That the zoning district map of the City of Fort Collins, Colorado, adopted by the zoning ordinance of the City of Fort Collins, is hereby amended by changing the zoning classification from R-P, Planned Residential District, and B-L, Limited Business District, to the B-P, Planned Business District for the following described property in the City, to -wit: Parcel 1: The Twelfth Fairview Subdivision, according to " the recorded Plat thereof. Parcel 2: A part of the Matador Apartments - Phase IV, - Fort Collins, Colorado, which begins at a point on the South line of West Elizabeth Street, which bears N 89 36' 20" W 600.61 feet and again S 000 23' 40" W 40.00 feet from the Northeast corner of the Northwest 1/4 of the Southeast 1/4 of Section 15, Township 7 North Range 69 [Jest of the Sixth P.M., aad run thence S 00 23' 40" W 260.00 �eet; thence N 89 36' 30" W 280.00 feet; thence N 00 23' 40" E 260.00 feet; thence S 89° 36' 30" E 280.00 feet to the point of beginning. 287 1 1 Introduced, considered favorably on first reading, and ordered .published this 1st day of February, A.D. 1977,.and to be presented for final passage on the 15th day of February A.D. 1977. ATTEST: City Clerk Passed and adopted on final reading this i day of A.D. 1977. ayor ATTEST: City Clerk First Reading: February 1, 1977 (Vote: Yeas: 5, Nays: 1) Second Reading: -February 15, 1977 (Vote: Yeas: 6, Nays: 1) Dates Published: February 6, 1977 and February 20, 1977 Attest: City Clerk Ordinance Tabled on First Reading Zoning the Suitts Second Annexation to March 1, 1977 Following is the City Manager's memorandum on this item: "At its February 1, 1977, meeting the City Council tabled until February 15 the hearing and first reading of Ordinance No. 10, 1977. It is not necessary to remove this item from the table since it was tabled until a specific date. Mr. Suitts originally requested C, Commercial, and I-G, General Industrial District Zoning, for this property. Both the Planning 288 and Zoning Board recommended I-P zoning for both areas. After meeting with the Board, the petitioner revised his request verbally to I-G zoning with an I-P strip contiguous to the Suitts First Annexation. Zoning on this matter has been held up pending a decision on the acquisition of a tract of land and right of way along the Poudre River for part of the trails program. As yet we have not received any final information on this matter." Councilwoman Gray made a motion, seconded by Councilman Bloom1977. to table Ordinance No. 10, 1977 on first reading.to March 1, Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Ordinance Adopted on First Reading Amending the Zoning Ordinance Following is the City Manager's memorandum on this item: "Inadvertently, churches were left out of Section 118-41 (A) of the Code of the City of Fort Collins in connection with permitted uses for the R-L, Low Density Residential District. This ordinance, therefore is to make this technical correction. At the present time there are five uses permitted in the R-L zone. We have included churches as number five and changed accessory buildings and uses from number five to number six." Councilwoman Reeves made a motion, seconded by Councilman Bowling to adopt Ordinance No. 16, 1977 on first reading. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None, Ordinance Adopted As Amended on First Reading Amending the Sign Code Following is the City Manager's memorandum on this item: "This ordinance pertains to many minor changes in the sign code. The major change is in Section 7 dealing with indirect lighting andinternal illumination. In the past only indirect lighting has*been allowed; now both are approved. This Section also deals with the question of light intensity. Other changes in the Ordinance include a new subpart B-11 pertaining to gas pump signs, Section 2 (B) pertaining to canopy signs, Section 2 (P) under canopy signs, a new last sentence in Section 4 (A), a new Section 5 regulating canopy signs, and a new Section 6 pertaining to electrical requirements. 289 1 We will be able to explain any of the'above and answer any questions at the meeting." City Manager Brunton added that Zoning Officer Maria LeValley had contacted the members of the sign code committee and advised them of this proposed ordinance. Councilmembers considered at length the indirect lighting and internal illumination. Councilwoman Gray made a motion, seconded by Councilwoman Reeves to amend the ordinance by adding at the end of Part G, adopted by section 6,the following sentence: copy and logos on signs below six (6) feet must utilize internal illumination of letter faces and/or logos only, or may be floodlighted." Yeas: Council - members Bloom, Gray, Reeves, Russell and Suinn. Nays: Council - members Bowling and Wilkinson. Councilwoman Reeves made a motion, seconded by Councilman Bloom to adopt Ordinance No. 17, 1977 as amended ori'first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Ordinance Adopted As Amended on First Reading Amending the Zoning Ordinance in Connection with Landscaping Requirements in the R-H, High Density Residential, B-L Limited Business and H-B, Highway Business District Zone y' Following is the City Manager's memorandum on this item: "Enclosed is a background memorandum from the Planning staff with regard to the review of site and landscape plans for various ' additional zoning districts. This matter was discussed with Council on August 3, 1976. At that time the staff was instructed to proceed with the drafting of.the necessary legislation to imple- ment these requirements. At their December 8, 1976, meeting the Planning and Zoning Board reviewed a draft of the new ordinance and the various administrative guidelines. As a result of this meeting several additional changes were made. As indicated, this ordinance provides for site and landscapE plan review for commercial uses in B-L, Limited Business, H-B, Highway Busine.ss, and R-H, High Density Residential, districts. The ordinance provides that landscape requirements be tied to the occupancy permit rather than the building permit. This gives more flexibility and less cost to the developer. If the work is not done, a cash deposit or landscape bond would only be required after the project is completed and before occupancy." L9u Councilman Suinn inquired into page a_,of.the ordinance which excludes landscape requirements for "small animal veterinary clinics and public utility installations excluding repair and storage facilities." City Attorney March clarified that these two should be included. Councilman Suinn made a motion, seconded by Councilwoman Reeves to amend the ordinance by striking the figure "(9)" and inserting the figure "(11)" in the second line of F. (1). Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Councilman Suinn made a motion, seconded by Councilman Bloom to adopt Ordinance No. 18, 1977 on first reading.as amended. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Resolution Adopted Appointing Members to Various Boards and Commissions Following is the City Manager's memorandum on this item: "At the February 8, 1977, Council work session, the City Council' „ voted to have Lowell S. Gleason appointed to fill the unexpired term of Paul Huszar on the Airport Board, and Charles W. Basham and Kenneth W. Nelson appointed to fill the unexpired terms of Gene Batterman and Donald Peters on the Parks and Recreation Board. Because the Council did not have the official letter of resigna- tion from Mr. Donald Peters, passage of the resolution making these appointments was delayed until the February 15 meeting. This resignation letter has now been obtained." Councilman Bowling made a motion, seconded by Councilman Russell to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. 291 �- RESOLUTION 77-91 --- —----'__-- ---- OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS OF THE CITY OF FORT COLLINS WHEREAS, vacancies currently exist or shortly will exist on various boards and commissions of the City because of resignations from board membership of members of the boards; and 1 1 WHEREAS, the City Council desires to make appointments to fill the vacancies which exist or will exist on the various boards and commissions. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the -following named persons be, and, they hereby are, appointed as members of the boards and commissions hereinafter indicated, with terms to expire as set forth after their names: NAME OF BOARD: Airport Board Name Lowell S. Gleason NAME OF BOARD: Parks & Recreation Board Name Charles W. Basham iration of term July 1, 1979 Expiration of Term July 1, 1978 Kenneth W. Nelson July 1, 1978 Passed and adopted at a regular meeting of the City Council held this 15th day of February, A.D., 1977. ATTEST: City Clerk 292 Resolution Adopted Relating to Appointments from the City of Fort Collins to the Board of Directors of Platte River Power Authority Following is the City Manager's memorandum on this item: "At the February 1, 1977, meeting the City Council approved the new organizational structure for -the Platte River Power Authority Board. The new organic contract provides for two official representatives from each City. One of the two members is designated as the Mayor. The Fort Collins City Council felt that this representative should be selected or confirmed by the Council as a whole. However, we did not want to change the composite resolution of the organic contract signed by all four cities. The City Council asked us to prepare a resolution stating its decision in writing, This resolution provides for the confirma- tion by the City Council of the Mayor's representative on the Platte River Power Authority." Councilman Bowling made a motion, seconded by Councilwoman Reeves :. to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. RESOLUTION 77-10 OF THE COUNCIL OF THE CITY OF FORT COLLINS RELATING TO APPOINTMENTS FROM THE CITY OF FORT COLLINS TO THE BOARD OF DIRECTORS OF PLATTE RIVER POWER AUTHORITY WHEREAS, the City of Fort Collins is a member of Platte River Power Authority, and WHEREAS, the organic contract establishing the Authority was recently amended to increase the number of representatives. on the.Board of Directors of the Authority to two (2) from each member municipality, and WHEREAS, the organic contract now provides that one (1) memb,er from each municipality shall be the Mayor of that munici- pality or another member of the City Council appo,inted by the Mayor, and 293 WHEREAS, under the Charter of the City of Fort Collins the Mayor is not elected by the people to that position but is elected by the City Council to serve as the presiding officer of the Council and_to represent the City government in a cere- monial function, and a WHEREAS, the City Council has determined that the Mayor's representative to the Platte River Power Authority should be appointed only with the confirmation of. the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that before any appointment from the City of Fort Collins by the Mayor to the governing board of Platte River Power Authority is effective, the Mayor shall first present such appointment to the City Council and obtain the concurrence of a majority of the City Council with such appointment. Passed and adopted at a regular meeting of the City Council held this 15th day of February, A.D. .1977• ATTEST: C ty C erk Change in Funding for Additional Building Inspector for Fiscal Year 1977 Approved Following is a portion of the City Manager's memorandum on this item: "At its December 21, 1976, meeting Council approved the hiring of an additional Building Inspector through the use of Federal Antirecession Fiscal Assistance Funds. Council also requested that during January we review our estimated revenue from building fees and licenses to see if this individual could be financed from General Fund revenue sources. Also, since our December 21, 1976, report, we have received further notifica- tion from the Federal Government concerning our payment under the Antirecession Program. Because our local unemployment rate was below 4.5% for the last two payment quarters, we_have 294 received no additional Antirecession Funds above and beyond the original payment of $3,368. Should we qualify for the last two quarters of the Program, the most we can hopefully receive will be $10,000. Based on anticipated increased 1977 collections, we will be using General Fund sources to finance the Building Inspector for the balance of 1977. We will also hold off in making a recommendation for the use of Antirecession Funds until we are sure of .future receipts." Councilwoman Gray made a motion, seconded by Councilman Suinn that Council approve the change in funding arrangement for the additional Building Inspector for fiscal year'1977. Yeas: Councilmembers Gray, Reeves, Russell, Suinn and Wilkinson. Nays: Councilmembers Bloom and Bowling. Sole Source Purchase of Mowing Tractor Approved This is a request for a sole source Jacobsen F-10 mowing tractor with seven -gang mowers. The City will be trading in a 1954 Worthington five -gang mower. The net cost for the tractor and mower is $11,802; to be used at the golf.course by the Parks and Recreation Department. _. Councilman Suinn made a motion, seconded by Councilman Bowling that Council authorize the purchase of the Jacobsen F-10 tractor with seven -gang mowers from Boyd Distributing at a net price of $11,802. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: Councilman Russell. Consider Easement Dedication Following is the City Manager's memorandum on this item: "Attached is an Easement Dedication by Evan Gilmartin to the City of Fort Collins for the installation and maintenance of light and power facilities. This easement is located between West Lake and West Prospect Streets south of the Colorado State University greenhouses." Councilwoman Gray made a motion, seconded';by Councilman Russell to accept the above easement dedication. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn andr,Wilkinson. Nays: None. 295 - -Other Business--- --- - City Manager Brunton stated the administration had a number of real estate transactions he would like to discuss with Council in an executive session. Councilwoman Gray made a motion, seconded by Councilwoman Reeves to adjourn into executive session for the purpose of discussing land acquisitions. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Mayor Wilkinson declared an adjournment to 7:15 p.m. Citizen Participation I. Justus Wilkinson, 429 S. Whitcomb, inquired into the construction manager selection for the new City Hall. Mayor Wilkinson stated this item was on the agenda and would be discussed later. II. Andy Anderson, 1421 Skyline Drive, addressed a pending case before the Colorado Supreme Court regarding the City Manager vote of confidence amendment; specifically if the Council were going to take part in the appeal from the lower courts decision. City Attorney March stated Council had instructed him not to take further action on this appeal,_ and -he has complied with those instructions. Mr. Anderson then.again,expressed his opposition to the use of Revenue Sharing Funds in regards to the Golf Course. City Manager Brunton responded to this inquiry and added that the Federal officials had complimented the City for its use of Revenue Sharing Funds. III. Mayor Wilkinson presented a proclamation proclaiming February 20 through February 27, 1977 as the week of Commitment to Brotherhood. IV. Mayor Wilkinson presented the Driving Award for 50,000 Accident -Free Miles to Donn Hopkins in the Police Department. Report from City Manager a. City Manager Brunton again expressed the administration's appreciation for the cooperation in many areas, from CSU and the various volunteer groups in the City and especially the work that the Fort Collins Archaeological Society has been doing in the museum. Cultural Resources Director Ellen Thexton 296 l introduced Ms. Ann Kordenak, President of the Fort Collins Archaeological Society. b. City Manager Brunton then presented a report on the 1977 City of Fort Collins Water Supply and stated the staff would be reporting back on what measures the City will take in the drought cycle regarding conservation recommendations. C. City Manager Brunton distributed a study which has recently been completed by the staff regarding the four cities in the Platte River Power Authority and their analysis of electrical rates. ort from Citv Council Members on Committees a. Mayor Wilkinson stated Ms. Andra Schmidt, the Colorado State Highway Commissioner, had informed him that final signatures and approval have been received from Washington, for the Fort Collins Expressway. b. Councilman Bloom announced that the CML proposed bill regarding Police and Fire Pensions has been introduced at the State House; he will monitor it and report back. C. Councilman Bowling stated there was a letter from the 208 Water Treatment Planning Committee advising of a number of vacancies on this committee. Councilman Suinn was recommended to serve on this committee by his fellow Councilmembers. Councilman Bowling stated he had a copy of the Four Corners Regional Study, he would request that copies be made and distributed to the Council. d. Councilwoman Gray reported on the CML's proposal to increase gasoline taxes and a proposed readjustment of the vehicle registration portion allotted to municipalities. e. Mayor Wilkinson expressed his appreciation toAndra Schmidt of the Highway Commission for all her assistance to the City of Fort Collins in the expressway matter. f. Mayor Wilkinson announced a resignation from,.Daisydeane Lannon on the Senior Citizens Commission. g. .-,Mayor Wilkinson also announced that he had received a letter from the Air Pollution Control Commission, Colorado Department of Health regarding the air quality in the City during 1975 and 1976 which reflected favorable quality. h. Councilwoman Reeves reported that the COG Human Resources Committee will meet on February 17 and hope to come::forward with a mechanism for doing Human Resource Planning on each County level. 297 i. Councilwoman Reeves also announced that Mr. Langd-on Morris• will be at the Northern Hotel to speak .on renovation and restoration work in the downtown area on February 16, 1977. j. Councilman Russell reported on the PRPA meeting and was requested by Councilwoman Gray to report on the PRPA testimony before the PUC on rate structures. City Manager Brunton stated he had received a memorandum from the, Director of .1 Utilities � on this item which he read at length. This item will be addressed again at the February 22, 1977 work session. Ordinance Adopted on Second Reading Submitting Certain Proposed Charter Amendments Following is the City Manager's memorandum on this item: "At its February 1, 1977, meeting the City Council adopted Ordinance No. 12, 1977, on first reading. This Ordinance provides for five proposed Charter Amendments as follows: 1. The redefinition of the scope of the Library Board. 2. The deletion of the requirement of the City Manager to come before a vote of confidence. 3. The question of executive sessions. 4. The clarification of the nomination petitions. 5. Setting salaries of the City Council members. All of the items listed above, along with many other items, were discussed at 'several work sessions over the past three or four months." Mr. Andy Anderson, 1421 Skyline, spoke in opposition to'proposed Charter Amendment No. 2 (City Manager vote of confidence deletion) and proposed Amendment No. 5, (Council salaries). Councilman Suinn spoke in opposition to the inclusion of proposed Amendment No.5 in the ordinance and his desire to have it deleted from the ordinance and then re -introduced as a separate ordinance. Councilman Bowling made a motion, seconded -by Councilman Bloom to adopt Ordinance No.'12, 1977 on second reading. Councilman Suinn made a motion, seconded by Councilwoman Gray to amend the motion by deleting proposed Amendment No. 5 from Ordinance No. 12, 1977. Yeas: Councilmembers Gray and Suinn. Nays: Councilmembers Bloom, Bowling, Reeves, Russell and Wilkinson. Mayor Wilkinson then called for a vote on the original motion with the following result: Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. 298 ORDINANCE NO. 12 , 1977 BEING AN ORDINANCE SUBMITTING CERTAIN PROPOSED CHARTER AMENDMENTS TO THE QUALIFIED ELECTORS OF THE CITY AT THE GENERAL CITY ELECTION TO BE HELD ON APRIL 5, 1977 ' WHEREAS, the general City election will be held on April 5, 1977; and WHEREAS, the City Council has reviewed the City Charter and desires to submit certain Charter amendments to the qualified electors of the City at the general election. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCII OF THE CITY OF FORT COLLINS: At the general City election to be held on April 5, 1977, the following proposed Charter amendments shall be submitted to a vote of the qualified electors of the City. Referred Charter Amendment No. 1. Amend Article XX of the Charter to read as follows: "Article XX. Public Library. Section 1. Board = There shall be a Public Library Board which shall advise the City Council on matters pertaining to the Library and which shall consist of five members, appointed by the Council, who shall serve without compensation and none of whom shall hold any other City office or position. The terms of the members of such Board shall be four years. In making such appointments, the Council shall provide that at least one and not more than two Board members shall be appointed each year, except to fill vacancies for unexpired terms. Any vacancy during the unexpired term of any member shall be filled by the Council for the remainder of the term. Section 2. Powers of Library Board Subject to review by the City Council in accordance with the by-laws for the Library Board to bey.approved by the City Council, the Board shall have the following duties: (a) To adopt such policies, rules and regulations as it shall deem necessary to govern the use of the;public library and its facilities and to do such other.advisory acts as directed by the Council as may be necessary for the orderly and efficient management and control of the Library. (b) To take such steps as the Board may deem feasible to encourage grants or gifts in support of the City Library." 299 Referred Charter Amendment No. 2. Amend Section 4 of Article III of the Charter by deleting part b thereof, which part authorizes the removal of the City Manager by majority vote'of the electors of the City of Fort Collins, and by relettering part (c) thereof to become part (b). Referred Charter Amendment No. 3. Amend Section 11 of Article II of the Charter by adding thereto at the end thereof the following: "Section 11. Meetings, quorum, executive session. The Council, by majority vote of its members, may go into executive session for the purpose of discussing personnel matters, meeting with attornies representing the City in an adversary situation and consideration of water and real property acquisitions by the City." Referred Charter Amendment No. 4. Amend'Sections 3, 4, and 9 of Article XVI of the Charter to read as follows: "Section 3. Nomination. Any person who is qualified for the office to"be filled may be nominated for an elective office by petition. A petition for this purpose shall be signed by not less than twenty-five qualified electors for each candidate to be elected. A qualified elector may sign petitions for as many persons as there are offices to be filled by election. The signatures on the nominating petition need not all be subscribed on one page, but to each separate page of the petition there shall be attached a signed statement of the circulator thereof, stating the number of signers on each page of the petition, and that each signature thereon was made in his presence and is the genuine signature of the person whose name it purports -to be. Following each signature on the petitions of nomination shall be written the residence address of the signer.; The form of the nominating petition shall be substantially as follows: I, an undersigned elector of the City of Fort Collins, hereby nominate. . . . . . . . . . ..whose residence is . . . . . . . . . . . . . . . . . . .. to be voted for at the election to be held on the . . ..day of. . . . . . . . . . . . .; and I certify that I am qualified to vote for this candidate and that I have not signed more nominating petitions than there are offices for which I am entitled to vote. ;y Name Street and Number Date of Signing (Spaces for signatures and required data) The circulator of each petition shall make and file with the petition the following: 300 Statement of Circulator I, the undersigned, a qualified elector of the City of Fort Collins, am the circulator of the foregoing petition con- taining ........... signatures. Each signature thereon was made in my presence and is the genuine signature of the person whose name it purports to be. . Signature of Circulator . . . . . . . . . . . . . Myaddress is . . . . . . ... . . . . . . . . . . . . . . . . . Subscribed and sworn . . . . . . day of . . My commission expires (Seal) to before me this . . . . . . . . . i ............... Deputy City Clerk or Notary Public When executed, such statement shall be accepted as true until it shall be proved false. If any portion is proved false, that portion of any petition shall be disregarded. Section 4. Acceptance of nomination. No nominating petition shall be accepted unless accompanied by a verified acceptance in substantially the following form: . I hereby accept the nomination for . . . . . . . N and agree to serve if elected. I certify that I am not a candidate, directly or indirectly, of any political party or because of promised support, directly or indirectly, of any political party, any firm or corporation, any fraternal organization, any church or other religious organization, any labor organization, or any other organ- ization whatsoever. Signature The City Clerk shall forthwith examine all petitions submitted. If a petition is found to be signed by fewer persons than the number certified by the circulator, the signatures shall be accepted unless void on other grounds. If a petition is found to be signed by more persons than the number of signatures certified,.the last signatures in excess of the number certified shall be disregarded. Within five days after the filing of a nominating petition, the City Clerk shall notify the candidate and the person who?filed it. with a statement certifying wherein the petition is found.: insufficient. Within the regular time for filing petitions, '~ such a petition may be amended and filed again as a new petition, in which case the time of the first filing shall be disregarded: in determining the validity of signatures thereon, or a different petition may be filed for the same candidate. The petition for each person nominated shall be preserved by the election authorities until the expiration of the terms of office for which"he has been 301 nominated. All nominating_ papers comprising a petition shall be filed as- one -instrument with --the City -Clerk not earlier than forty- five days and not later than twenty-five days before the election. The City Clerk shall make a record of the exact time at which each petition is filed and shall take and preserve the name and address of the person by whom it is filed. A person who has been nominated may, not later than eighteen days before the day of election, withdraw by filing with the City Clerk a request therefor in writing, and no name so withdrawn shall be placed upon the ballet. Section 9. Judges. (Amended 2-15-73 by Ord. No. 18, 1973;.approved election 4-3-73) The Board of Elections shall, not less than 15 days before any general City election, appoint not fewer than three judges as an election board in each precinct to serve until the next general City election. Such judges shall be qualified electors in their precincts. The Board of Elections shall fill all vacancies in precinct election boards." Referred Charter Amendment No. 5. Amend Section 3, Article II of the Charter of the City of Fort Collins to read as follows: "Section 3. Salaries of members. The salary of council members shall be $100 per month, except in the case of the mayor, whose salary shall be $125 per month." Introduced, considered favorably on first reading, and ordered published this 1st day of February , A.D. 1977, and, to be presented for final passage on the 15th day of February A.D. 1977. Mayor ATTEST: City Clerk �e Passed and adopted on final reading this / �` day. of A.D. 1977. AT Af ayor ATTEST: C ty erk First Reading: February 1, 1977 Second Reading: February 15, 1977 Dates Published: February 6, 1977 Attes ` City Cler 302 (Vote: Yeas: 5, Nays: 1) (Vote: Yeas: 7, Nays: 0) and February 20, 1977 Ordinance Adopted on First Reading Zoning the Vance First Annexation Following is the City Manager's memorandum on this item: "At the February 1, 1977, meeting the City Council discussed the zoning alternatives for the Vance Annexation located on the southeast corner of Lemay Avenue and Drake Raod. This 77 acres was involuntarily annexed to the City. The matter of zoning for this property has been discussed on many occasions. At the February 1 meeting the Council voted to approve the R-P zoning for that 35.52 acres contiguous to Lemay and R-L-P zoning for the easterly 40.5 acres. They requested the City Attorney to prepare the necessary zoning ordinance." Councilwoman Reeves made a motion, seconded by Councilman Bloom to adopt Ordinance No. 19, 1977 on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None. (Councilman Russell out of room.) South College Commercial PUD: Preliminary Plan Conditionally Approved Following is the City Manager's memorandum and recommendation on this item: "The South College Commercial PUD consists of 7.8 acres zoned Highway Business District located on the southwest corner of South College Avenue and Thunderbird Drive. This is the revised preliminary plan for additional development of the Everitt Home Center site under the PUD ordinance. The existing development took place prior to annexation. Therefore, before any additional development can be approved, a unit development plan for the entire site has to be reviewed. The developer plans to expand the present building floor area by 30% which would include a new fast-food restaurant. The staff and the Planning and Zoning Board have some concern about the landscaping plan and the pedestrian circulation. Although neither of these matters have been completely resolved, the developer has indicated that he will cooperate and comply with requirements. The Planning and Zoning Board approved the preliminary plan of the South College, _Commercial PUD with the understanding that the required landscaping and pedestrian circulation problems would be resolved;,before the .final plan is approved. Recommendation: The Administration recommends, that the City Council approve the preliminary plan of the South College Commercial PUD. It is further recommended that this approval be expressly conditioned on adequate dedication and improvement of the right of way for the frontage road on College Avenue and Mason Street." 303 Councilman Bowling announced that he...is withdrawing from tHis discussion as he is a property owner across the street at 2700 South College. Planner II, Paul Deibel, stated the recommendation is for approval with the following four conditions: 1. Significant additional landscaping should be provided within the main parking lot so as to provide sufficient vertical treatment in this large asphalt area. Specifically, the same landscape treatment indicated for the second and fourth aisles of parking in the main lot should be extended to the first, third, and fifth rows, and that trees be located in planters. 2. Concerning pedestrian circulation, the staff still felt that sidewalks in the parking lot were warranted. Without them, for example, pedestrian circulation is not defined and it is very difficult to provide "crosswalks" at arbitrary locations on the main driveway in front of the building. However, in the absence of a full system of walks, one possible approach might be that pedestrian crosswalks located at main entrances to the building connect with short pedestrian walks or "landing areas" in the planter islands across the main drive in front of the building. The Board's recommendation is that this approach be taken. 3. Mason Street, Landscape treatment should provide for a sidewalk on the east side of the street. Also curbcut onto s. Mason at the south boundary of site should be moved north. 4. Concerning.traffic circulation, the separation between the drive-in through restaurant exit and the adjacent main entrance from the frontage road should be increased to 50'. Councilman Suinn made a motion, seconded by Councilman Bloom to approve the preliminary plan for South College Commercial PUD subject to the above conditions, specifically that the improvement of Mason Street will have to be at the width finally determined by the Council, and that there be adequate dedication and improve- ment of both the Mason Street right of way and the frontage road. Yeas: Councilmembers Bloom Gray, Reeves, Suinn and Wilkinson. Plays: None. (Councilmembers Bowling and Russell out or room.) 304 1 Preliminary Plat of East.Elizabeth Medical PUD Approved Following is the City Manager's memorandum on this item: "The East Elizabeth Medical PUD consists of 2.7 acres located on the north side of East Elizabeth Street and east of Lemay. At the present time the property is zoned C, Commercial, I-G, General Industrial District,and B-L, Limited Business District. The developer proposed to construct a medical -professional office complex containing eight separate buildings on the site. The staff had only some minor suggestions and required revisions to the plans. The developer is planning to petition this property for B-P zoning. At its February 7, 1977, meeting the Planning and Zoning Board recommended for approval of this preliminary plan. They did indicate that B-P zoning is consistent with their recommendations in the overall program for this section of the city. They would like the Council to consider implementing more land in this area. We will have more information on this subject at the Council meeting." Paul Deibel spoke to the staff comments regarding this preliminary plan with a recommendation for approval and added that the Planning and Zoning Board had voted to recommend to the Council that the City Council look again at the Board's recommendation concerning the zoning pattern in this block. Councilmembers expressed their desire to review this zoning pattern at an early work session. Councilman Bloom made a motion, seconded by Councilman Bowling to approve the Prelimiinary Plat of East Elizabeth Medical PUD. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Suinn and Wilkinson. Nays: None. (Councilman Russell out of room.) Village East Second Filing, Final Plat - Replat of Lots 12 through 17 Village East First Filing Approved Following is the City Manager's memorandum on this item: "The final plat of the Village East Second, Filing and the replat of lots 12 through 17 of Village East First Filing consists of 15".2 acres. The property is north of Horsetoothl,Road between Stover Street and Village East First Filing. Thes&.'two petitions are together because the replat of the six lots will become part of the final plat of the Second Filing. There will be a total of 58 single-family lots in this project. At its December 6, 1976, meeting, the Planning, and Zoning Board recommended for approval of the final plat and replat." 305 1 City Attorney March advised the Council that the approval of -the replat would require that Council vacate the streets rights -of - way in the old plat and will be back before the .Council. Councilman Bowling made a motion, seconded by Councilwoman Reeves_ to approve the final plat of Village East Second Filing and the Replat of Lots 12 through 17 of Village East First Filing. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. (Councilman Bloom out of room.) Final Plat of Village West Subdivision Seventh Filing Approved Following is the City Manager's memorandum on this item: "The Village West Seventh Filing consists of 6.5 acres located east of Taft Hill Road and south of Prospect Street. Originally this property was called Foothills Green, but it is now an extension of the Village West Subdivision to the south due to the change in ownership. Ridgewood Street will be extended through this area. At its July 12, 1976, meeting the Planning and Zoning Board recommended for approval of this final plat. Engineering approval has been held up on this project for some time while the developer negotiated with the ditch company for permission to discharge excess storm water into the ditch canal. All engineering require- ments have now been met.," Developer, Bill Bartran, spoke to the problems of maintenance of storm drainage detention areas. City Manager Brunton stated the administration will be meeting with the Storm Drainage Board and will report back on this item in 30 days. Councilman Bowling made a motion, seconded by Councilman Suinn to approve the final plat of Village West Subdivision Seventh Filing. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. (Councilman Bloom out of room.) Councilman Suinn requested a report on the development during the past six months. 306 Disposal of Two Surplus Houses_ Approved Following is the City Manager's memorandum on this item: "The City of Fort Collins has acquired houses on North Meldrum in connection with the contemplated City Hall addition. These houses will have to be moved or demolished. Enclosed is a letter from Neighbor to Neighbor, Inc., requesting one of these units. They would like to relocate this house to 732 Alta Vista Street. This lot is immediately adjacent to the lot on which we are proposing to construct a City vest- pocket or mini -park. They would like to use.this building for a recreation center in conjunction with the park. They would also use part of the building for an office and for temporary housing for families who must be relocated. The second proposal, which we have discussed for some time and is included in the memo of February 4, 1977, from Jim Woods, Housing Rehabilitation Director, is the demonstration program to relocate another of these houses on Meldrum as a replacement for a dilapidated house in Buckingham. We would deed the house to Lester Cowell. Mr. Cowell will, in turn, get his grant and/ or loan for the restoration of this project in accordance with our regular housing rehabilitation program. We do not feel that any of our housing rehabilitation money can be used for the acquisition of this property. However, money can be made available for the moving. If these houses are disposed of in the private market, the City of Fort Collins would realize approximately $2,500 net for each unit. This revenue would be credited against the City Hall construction account. We are already slightly over our estimated budget for land acquisition. We recommend that, subject to the necessary legal requirements, the City of Fort Collins deed one piece of property to Neighbor to Neighbor, Inc., and one piece of property to Lester Cowell. Then $5,000 from Revenue Sharing surplus should be transferred to the Seven Year Capital Improve- ments Program Fund, City Hall account. An agreement with Neighbor to Neighbor, Inc., on the use of the property would be necessary. In effect we' --would be signing a service agreement with them. For both houses, there should be reversionary clauses in -case these houses are sold for profit within a certain period of time. The rehabilitation program and Neighbor to Neighbor, Inc., will share the c'ost,of renovating, the tap fee as part of its share, and for rehabilitating that portion of the building to be used for temporary"•Housing." 307 City Attorney March suggested that iri`the Neighbor to Neighbor proposal, the City retain title to the house and lease.it to Neighbor to Neighbor, Inc., for $1.00 per year and having some built-in use by the City. On the other house, City Attorney March stated if Council approved the sale of the house for $2,500, there is a possibility of generating that money outside of the City and the administration could proceed to rehabilitate the house. Gabe Oliver of Human Development, spoke in favor of the proposal to sell one of the properties for $2,500 to Mr. Cowell. Housing Rehabilitation Director Jim Woods stated Mr. Cowell had been one of the earliest applicants for housing rehabilitation assis- tance, but his property would not warrant a sizable rehab invest- ment. Councilman Bloom inquired:"l) had these transactions been advertised and bids received; and 2) did the administration contact every other social service agency in the community regarding, the availability of these houses?" City Manager Brunton responded "no". City Attorney March added that this is one reason why it is proposed that the City retain title to the one property, and on the second piece, Council would have to make a determination if the $2,500 was -a- reasonable price for the property, there is no requirement that the City go to formal bids in connection with the sale of personal property. Art Jackson, member of the Human Relations Commission, spoke in favor of the two proposals. r Councilman Bowling made a motion, seconded by,Councilman Russell to authorize the administration to enter into a sale for the one house for $2,500. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: Councilman Bloom. Councilman Bowling made a motion, seconded by Councilwoman Gray to authorize the City Attorney to prepare the necessary legal papers to provide for a lease to Neighbor to Neighbor for $1.00 per year. Yeas: Councilmembers Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: Councilman Bloom. Construction Manager for City Hall Project Named Following-i.s the City Manager's memorandum and recommendation and the memorandum from the Construction Manager Selection Committee on this item: "Enclosed is a memorandum from the Construction Manager Selection Committee composed of Bill Holmes, Special Projects Director, Bill Robb, Architect, Pat Polifka, Capital Improvements Coordinator, and Robert L. Brunton, City Manager. 308 This has been a difficult assignment because of the many variables. The basic fee is only one.'portion of the total cost of the construction manager. Besides the basic fee, there is the reimbursable cost of the project. The enclosed material attempts to tabulate and analyze the various addi- tional reimbursable and nonreimbursable items. Also, some allowance must be made for the amount of work that would be done by City forces in connection with the project. The last variable is in connection with the amount of work the construc- tion manager would do. In effect, a true construction manager would only supervise the job and do no actual work with his or her own forces. However, in most cases, there is a CM/GC (construction manager/general contractor). Most construction managers say a savings in money and especially the coordinating parts of the items that have to be done at various intervals through the project. This naturally adds'another variable to the situation. After evaluating all variablesincluding some basic assumptions consistent with all bidders, the Committee feels that Construction Inc., of Longmont is the low bidder. Most background reports received on Construction, Inc., have been very good. Personally, I would like to see a local contractor get this job, but all of us on the Committee believe we should go along with the lowest bidder providing he can do acceptable work. Recommendation: The Administration recommends that the City Council aut orize the retention of Construction, Inc., of Longmont as the construction manager of the City Hall project." Following is the memorandum from the Construction Manager Selection, Committee: "The selection of a Construction Manager for the City Hall Project has been a long and tedious process for the Selection Committee -- to recommend one of the original nine bidders. It was the Committee's decision to eliminate four of the original nine bidders based on their base bid price, leaving the final selection to the remaining five low bidders. The five finalists were interviewed by the Selection Committee and are listed below: Construction, Inc. Hensel Phelps Construction Co. Livingston Construction Co. Reid Burton Construction Co. Weaver Construction Co. The final selection process was conducted with three specific criteria in mind. The selection criteria consisted of the. finalist's basic bid fees, the number and dollar amount of services included in finalist's basic bid fee as opposed to reimbursable 309 services, and the finalist's organization ability to complete the project and provide services compatible with City require- ments. In order to make the final selection, the Committee had to evaluate each finalist based on the selection criteria and keeping in mind that the City Hall Project is estimated to have a fourteen month construction period which has a direct effect on all reimbursable costs. Due to the inconsistent lists of reimbursable costs submitted by the finalists, it was necessary for the Committee to devise a common means of comparing cost. The agreed upon method is shown in the attached supportive material entitled "Estimated Total Cost Comparison." The results of the cost comparison, listed below, is nly on the basic bid fees. The total costs shown in the "oEstimated Total Cost Comparison" cannot be construed .as the total contract price for each of the finalists because of additional reimbursable costs included in the Cbns:truction Manager Contract.. The cost comparison resulted in the following ranking: 1. Construction, Inc. 2. Livingston Construction 3. Weaver Construction 4. Hensel Phelps Construction .t*... 5. Reid Burton Construction The Selection Committee has based the following recommendation upon the selection criteria stated above and have attached the supportive materials with this recommendation. RECOMMENDATION: The Selection Committee recommends that Construction, Inc. of Longmont, Colorado be awarded the Construc- tion Manager Contract for the City Hall Project based on their low bid and meeting the selection criteria. The Committee has clarified with Construction, Inc. all three parts of their bid proposal for accuracy. Clarification was made on the proposal statement which reads, "Overhead on Cost of Work performed by CM/GC's own forces - 10%". Construction, Inc. confirmed that the statement is intended to mean that any labor performed by their own forces such as carpentry and concrete but excluding personnel included in the basic fee, would be a reimbursement cost based on a fixed basic wage plus 10% overhead to cover the fringe benefits and handling costs. The 10% over- head charge is comprised of the following: FICA 5.85% FEDERAL UNEMPLOYMENT .50% STATE UNEMPLOYMENT 3.60% HANDLING .05% 10.00% 316 If the Council feels that consideration should be given to using a local Construction Manager, then the Committee would recommend Livingston Construction of Fort Collins. The Council should be aware that the cost differential to justify a local Construction Manager would be approximately an additional $10,000 to $15,000 as shown in the "Estimated Total Cost Comparison" supportive material." Councilmembers held extended discussion on this item and heard from staff member Pat Polifka on the committee report. Mr. Justus Wilkinson spoke in favor of having the Council award the bid to local contractors. Councilwoman Gray made a motion, seconded by Councilwoman Reeves that Council authorize the retention of Construction, Inc., of Longmont as the Construction Manager of the City Hall project. Yeas: Councilmembers Bloom, Gray, Reeves and Suinn. Nays: Councilmembers Bowling and Wilkinson. (Councilman Russell abstained Other Business a. Councilwoman Reeves requested that the staff put together a report on the Charter Amendments so that citizens can be informed. b. City Attorney March informed the Council that the administra- tion has been negotiating for the property of Mrs. White on Meldrum Street to tie into the City Hall block. There is an existing appraisal, the property owners have also obtained another appraisal and on the basis of the two appraisals the staff would recommend to the Council that they authorize the administration to extend an offer to purchase the property at a price of $38,000.00. Councilman Bowling made a motion, seconded by Councilman Bloom to authorize the administration to extend an offer for the White property of $38,000. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell, Suinn and Wilkinson. Nays: None. (Councilwoman Gray out of room.) Adjournment Mayor'. Wilkinson adjourned the meeting to February 22, 1977 at 1:30 p.m. ayor ATTEST: Cit Cler 311