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HomeMy WebLinkAboutAir Quality Advisory Board - Minutes - 12/16/1998• a If- i2 - 09 MINUTES CITY OF FORT COLLINS AIR QUALITY ADVISORY BOARD REGULAR MEETING STREETS FACILITY 625 NINTH STREET DECEMBER 16, 1998 For Reference: Eric Levine, Chair - 229-5225 Scott Mason, Council Liaison - 226-4824 Brian Woodruff, Staff Liaison 221-6604 Board Members Present Eric Levine, David Gallup, Raymond Sons, Steve Perich (until 9:45 p.m.), Harry Edwards, John Schroeer, John Scanlon, and Mandar Sunthankar Board Members Absent Jim Dennison Staff Present Natural Resources Department: Linda Devocelle, Brian Woodruff and Sally Maggart Guests Ann Watson, Alliance for Smoke -Free Kids and Communities; Bob Gifford, an interested citizen; and Councilmember Bill Bertschy The meeting was called to order at. 7:10 p.m. Approval of Minutes With the following change, the minutes of the November 18, 1998 meeting were approved as written: David Gallup noted that in the Northeast Truck Route discussion on Page 5, 3rd paragraph, the amount of the toll should be $10 instead of $5. Review and Update Action List 1. The VMT timeline will be completed in January. 2. The charter amendment will go to Council on January 5. 3. Boardmembers have been polled. 4. The memo to Council on the Clean Screen program will be in the January packet. Six-month Planning Calendar • January 26 — Northeast Truck Route Study Session February 2 — Transportation Tax Ballot Issue February 9 — Air Quality Action Plan Study Session and Downtown River Corridor Plan (Staff will provide information in the January packet) Air Quality Advisory Board December 16, 1998 Page 2 Small Discussion Items CO Redesignation, David Gallup David Gallup reported that City staff and State Health Department staff met on November 16, 1998, to discuss redesignating Fort Collins as an attainment area. He said that it is not clear that Fort Collins can show attainment over a ten year period because VMT is rising so fast. Gallup said that the State Health Department will be evaluating the present CO monitoring site in Fort Collins to determine if it will be good for the next 10-15 years. Steve Perich asked if there would be major legal hurdles. Brian Woodruff responded that City and MVO staff had questioned how Fort Collins can be forced to redesignate. However, EPA was asked if a redesignation packet would be approved over the City's objection, and they responded that it would. The EPA added that the State has authority to move ahead without the City's approval. Woodruff noted that there will be a briefing in January by Lisa Silva, CDPHE. NEW BUSINESS Smoking Ordinance, Ann Watson Ann Watson, President, Alliance For Smoke -Free Kids and Communities, said that public attitude has changed since the present smoking ordinance was passed 14 years ago. She noted that there is more scientific information now that classifies smoke as a Class A carcinogen that causes human cancer. Watson presented a recommendation from the Alliance for a new smoking ordinance. She noted that economic impact is the biggest concern to businesses. Watson said that studies in other communities have shown that business increases rather than decreases, or stays the same, with smoking bans in public establishments. Watson said that education is essential in understanding the dangers of smoke and why regulations are necessary. She noted that the most serious health effects are on children, with increased risk of bronchitis, pneumonia, low birth weight, asthma and SIDS deaths. Watson said that, because of the lack of federal regulation, the Alliance would like to recommend that the current law in Fort Collins be tightened and updated to better protect the public. She recommended changing the law to make all workplaces, restaurants and indoor recreational facilities smoke free, to allow no smoking within 25 ft. of building entrances, on playgrounds and at sporting events, and at public gatherings with children present. Watson distributed a consumer report article about secondhand smoke. Brian Woodruff said that according to the City's charter, the 1984 ordinance can be amended by Council without a referendum vote. He said that the Board's role would be to make a recommendation to Council on whether to adopt an amendment to the Air Quality Advisory Board December 16, 1998 Page 3 ordinance. Woodruff noted that if citizens had initiated a new ordinance by petition in 1984, Council would not be able to amend the ordinance. Gallup asked if this action could coincide with the April election. Woodruff said that he doubted it. Linda Devocelle noted that ordinance development requires a lot of public outreach and input before it goes to Council. She added that updating the smoking ordinance is part of the Air Quality Action Plan. Harry Edwards said that he sees a potential conflict in the proposed ordinance language. He said that it is inconsistent that all workplaces would be required to be smoke -free, yet bars and taverns can have smoking areas. John Schroeer said that he takes issue with the 25 ft. no smoking area outside of buildings because it might put people out in the street. Watson said that it is proposed because most ordinances state 25 feet, but are vague about a reasonable distance. She said that details need to be worked out regarding what is reasonable. Woodruff asked what the Alliance would like to see happen in terms of a referendum vote or Council amendment. Watson said that she cannot represent the Alliance, but she would prefer a Council amendment to avoid the expense involved in putting a referendum on the ballot. Gallup said that he is on the Alliance Board and he is comfortable saying that the Alliance would prefer a Council amendment. Eric Levine said that he is supportive of the changes except for the inclusion of outdoor playgrounds. Watson said that there is good scientific evidence to support indoor air pollution, but there is less to support restrictions on outdoor smoking. Bob Gifford, interested citizen, said that he is opposed to a stricter smoking ordinance. He said that he is not a smoker, but he uses tobacco, and feels that government is stepping over the line when regulating private business. Gifford said that it should be an individual choice for the customer to eat at a smoking establishment. Gifford emphasized that people need to make their own decisions. He added that Fort Collins is getting oppressive, with too many rules. Councilmember Bill Bertschy noted that for an ordinance to get on the April ballot, it would have to be ready in February. He said that the next general election is in November and there will not be an April 2000 election unless an initiative is brought forward. Bertschy said that if the Board is to proceed, it would be helpful for Council to get some direction from staff and the Board in order to weigh the political consequences of taking action. He agreed that this is a good time to look at an ordinance. Raymond Sons asked if it would be politically better to put the ordinance to a vote. Bertschy responded, yes. He added that Council has not yet discussed this issue. Air Quality Advisory Board December 16, 1998 Page 4 OLD BUSINESS North East Truck Route, Brian Woodruff Brian Woodruff referred to a draft memo prepared by David Gallup that proposes, as an alternative truck route, a tollway through Owl Canyon. Gallup said that this alternative would take the trucks out of the City, improve ambient air quality and address the congestion problem. Woodruff presented concerns from Transportation staff regarding cost and effectiveness of the Owl Canyon bypass. He noted that Owl Canyon is a sensitive area and there are environmental impact concerns. Harry Edwards asked why City staff is heavily invested in putting a bypass through town. Woodruff responded that the resources are available, the project is doable and he thinks that Council wants to do something about the bypass and move on. Edwards suggested that the Board recommend promotion of a City ordinance to prohibit trucks. John Schroeer noted that because it is a State highway, the City cannot restrict truck traffic. Raymond Sons suggested that the Board recommend to Council an independent study be made of alternative routes because of the importance of the decision relating to congestion and air pollution and in order to avoid antipathy from the Vine neighborhood. He said that it appears that John Daggett, Transportation Planner, is against the Owl Canyon route. Gallup noted that there are considerable variable points on which all presumptions are based that are arguably questionable. He cited the truck count, estimated cost of the Owl Canyon bypass, limitations in terms of redesignating the state highway and working toward getting the trucks out of town. Levine said that he has received concerns from environmentalists regarding the disruption of the ecosystem if an Owl Canyon bypass is built. He said that development usually follows road construction and there are concerns about the impact of sprawl on air quality. John Scanlon asked if there is any information on air quality benefit. He said that it is a moot point if there is no information. Harry Edwards said that he requested that City staff analyze the proposals in terms of the impact on air quality. Woodruff said that Transportation Department staff stated that they will provide an analysis of emissions from the roadway, as proposed with all designs in place, compared with existing emissions, at the time of recommendation. At 9:45 p.m., Harry Edwards made the motion to extend the meeting by five minutes. David Gallup seconded the motion. The motion passed unanimously. Air Quality Advisory Board December 16, 1998 Page 5 Harry Edwards made the motion to authorize David Gallup to make a presentation at Council's January 26 Study Session concerning the Owl Canyon bypass plan. Mandar Sunthankar seconded the motion. After the following discussion and the addition of a friendly amendment, the motion passed 5-2. Eric Levine asked if this means that the Board approves Gallup's memo. Sunthankar said that he likes the idea, but is not sure about the details. Gallup proposed a friendly amendment to approve the memo in spirit, with a request that Council directs the City Manager's office to pursue other alternatives. Levine said that he would not support this proposal because there are too many questions about the possible environmental impact. Gallup explained that the amendment does not specifically propose the Owl Canyon route. He said that the objective is to get the trucks out of the city. Adjournment: The meeting adjourned at 9:55 p.m.