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HomeMy WebLinkAboutAir Quality Advisory Board - Minutes - 01/26/1999• • �y_o� --o> MINUTES CITY OF FORT COLLINS AIR QUALITY ADVISORY BOARD REGULAR MEETING 281 N. COLLEGE AVE. JANUARY 26, 1999 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, Harry Edwards, and Steve Perich Board Members Absent John Schroeer, John Scanlon, Mandar Sunthankar, Raymond Sons, and Jim Dennison Staff Present Natural Resources Department- Brian Woodruff, Sally Maggart, Sarah Fox, Lucinda Smith, and Aaron Fodge Transportation: Ron Phillips CPES Admin: Tom Vosburg Guests Ray Martinez, mayoral candidate The meeting was called to order at 7:15 p.m. A quorum was not present. Agenda Change The agenda was amended to add a presentation on the proposed Transportation Tax. Transportation Tax, Ron Phillips, Transportation Services Director Phillips said that because of shortages in transportation funding, a Transportation Funding Advisory Committee (TFAC) was appointed last year by the City Manager. He said that the Committee recommended a package of funding measures including an increase in street over -sizing fees, which was subsequently approved by Council, a .36 percent sales tax increase, reallocation of $2.5 million in general funds to meet maintenance needs, street cut and inspection fees, construction warranties, and trash truck mitigation. Phillips said that replacing the outdated traffic signal system would cost about $4 million. Eric Levine asked about the timeframe for completion. Phillips responded that at least 50 percent would be completed within two years. He added that once the new system was installed, it would be easier to upgrade. Air Quality Advisory Board December 16, 1998 Page 2 Harry Edwards asked if air quality aspects would be addressed in the revenue increase. Phillips responded that air quality improvement is an important aspect of the transit proposal and signal system proposal because the transit system is an integral part of City Plan and the improved signal system will reduce traffic congestion. The Board viewed a short video on transportation funding. Phillips said that the transportation tax ballot issue for the April election might be delayed until the February 16 Council meeting. Levine asked how much of the unfunded capital would come from the tax. Phillips explained that $43 million is funded through Building Community Choices, the street over -sizing fee, and minor street capital budget items. He added that developers are responsible for funding arterials and collector streets, and federal and state funds can be leveraged to meet the needs. Levine said that he would like to see a pie chart showing reciprocity. David Gallup asked if the proposed .36 percent could be in the form of a fuel consumption tax. Phillips responded that the ability to tax motor fuel is a right usurped by the state. The state collects the tax at several distribution points and distributes 18 percent of it to municipalities. Phillips said that he is seeking support from the Board for the proposed tax. He invited interested individuals to work with TFAC and welcomed communication from the Board to Council. Levine noted that, without a quorum present, a recommendation made at this meeting to Council would be subject to approval by a majority of the Board at a subsequent meeting. Phillips said that he could provide copies of his presentation and the video to absent board members. Steve Perich asked if anything had changed Phillips responded that nothing had changes about signal control. Woodruff noted that recommendations. since this was discussed in July or August. except that there is now more information the Board had previously supported TFAC David Gallup moved to recommend that Council put the .36 percent sales tax to fund transportation operations on the April ballot Steve Perich seconded After the following discussion, the motion passed 3-0, with one abstention. Harry Edwards said that he abstained because his request for information on the air quality impact of the proposal was blown off, as is so often the case. He said that there are City staff well qualified to assess and run models and inputs resulting from traffic signalization and public transport. Aooroval of Minutes Due to a lack of quorum, this was deferred to the February 23 meeting. Air Quality Advisory Board December 16, 1998 Page 3 Review and Update Action List Not reviewed. Six-month Planning Calendar Not reviewed. Small Discussion Items Recommendation to amend smoking ordinance Brian Woodruff explained that at the last meeting he had erroneously stated that staff could initiate the process of revising the smoking ordinance. He said that it would be more expeditious if the Board recommends to Council, through the Council liaison, that the ordinance be reviewed. Woodruff added that once Council approves the ordinance revision, the City Manager would then be directed to move forward with the process. Levine noted that the Board expressed support of the proposed amendment at the December meeting. David Gallup moved to recommend that Council initiate a review that would lead to a revision of the smoking ordinance Harry Edwards seconded the motion. The motion passed 4-0. Approve Annual Report Harry Edwards suggested that the Annual Report be expanded to reflect the gist of actions and decisions taken by the Board. Woodruff said that he would expand the list and, after receiving approval from the Chair, send the report to the City Clerk's office. Lucinda Smith noted the omission of a December 14 memo on clean screening. OLD BUSINESS Mulberry-Lemay PUD (Walmart Superstore), Tom Vosburg, Policy and Budget Analyst Harry Edwards asked if the air quality aspects of this project would be addressed. Tom Vosburg responded that his intent was to explain how air quality is now addressed in the development review process and the Air Quality Advisory Board's role in the process. Eric Levine explained that he had requested this presentation because Council voted last month on the Mulberry-Lemay PUD and that the Board missed an opportunity to comment. Levine said that it seemed that the P&Z Board would benefit from the AQAB's advice. He distributed a memo from Phil Friedman, Natural Resources Advisory Board vice Chair, and noted that the Natural Resources Board felt the same. Vosburg distributed a confidential memo from the City Attorney's office that explained the Board's role in the development review process. He said that the appropriate role for the Air Quality Advisory Board is to help form policy, while the Planning & Zoning Board's are, first, to advise Council on setting policy, the same as other advisory boards, Air Quality Advisory Board December 16, 1998 Page 4 and, second, to review development applications in a quasi-judicial context. Vosburg said that other City boards do not advise the P&Z Board in its quasi-judicial role. Vosburg referred to the paragraph stating the City has no legal obligation to indemnify board members who act beyond the scope of their duties. He cited a recent problem with the Housing Authority where an individual member was found liable for damages because a board member got involved with personnel issues outside the scope of his duties. Vosburg said that there is a distinction between the role of advisory boards and quasi- judicial boards. He added that there is protection for board members acting within their role, but there is no indemnity for board members acting outside of their role. Levine .noted that Page 3, next to last paragraph, states that the Board could be authorized to make recommendations on land use development applications, if the City Code were amended. David Gallup asked if the P&Z Board could be faced with a situation where it would solicit opinions of other boards before rendering a decision. Vosburg said that he would have to defer the answer to that question to the attorney's office. He noted that the Code is clear that the P&Z Board's role is to determine if a project is consistent with adopted land use standards. Vosburg explained that the problem is that there are no standards in the Code that test air quality on site -specific plans. Steve Perich asked if the P&Z Board's role is to consider air quality. Vosburg responded that the P&Z Board is bound by specific standards for the development review process. He added that Council is bound to the P&Z Board's record in the appeal process. Vosburg said that there are no specific air quality standards in the present City Plan Land Use Code nor were there any in the old Land Development Guidance System. He added that if there were a standard in the Code requiring a site -specific analysis to address air quality issues, then a qualified engineer or modeling expert could be called in to advise the Planning & Zoning Board whether the standard had been met. Woodruff noted that if the Land Use Code had language on air quality standards, then development projects would have to meet the standards and staff would evaluate their efforts. He added that this would take away the need for the AQAB to comment on individual projects. Gallup said that there are two aspects to the Air Quality Board: The Air Quality Policy Plan, which is a statement, and the Air Quality Action Plan, which is a road map. Gallup said that the proper way to move is to create a guidance tool to be integrated into the P&Z Board's planning process with objective standards. He added that he does not want the Air Quality Board to review development projects. Air Quality Advisory Board December 16, 1998 Page 5 Vosburg explained the requirements for development proposals and emphasized that there is no site -specific air quality requirement in City Plan currently. He suggested contacting the Board's Council liaison if the Board wants to be involved in the development review process in a quasi-judicial role. Harry Edwards said that the Attorney's letter is a flagrant attempt to intimidate the AQAB to take a secondary role to the P&Z Board and he rejects it. Vosburg responded that he is offended and would like a chance to respond. Edwards asked to finish his comments first. Edwards noted that in the second to last paragraph, it says "butt out" to the Board, while in the last paragraph, it says if the Board does not "butt out", there is an opening for legal action. He said that the charge of the Air Quality Board is to provide input to Council on air quality policy issues, and not to be subservient to the P&Z Board. Vosburg reiterated that the confidential memorandum states that if the AQAB wants to participate in the development review process, the Board needs to recommend to Council that the Board's charge be broadened to include that quasi-judicial role. He emphasized that there is nothing in the City's charter stating that the AQAB can advise the P&Z Board as the final decision -makers in the development review process. Vosburg said that the rules on appeal are very narrow and technical. He added that the Board could advise Council on the adoption of site -specific requirements in the Land Use Code. Levine said that there is more to be looked at than site -specific as related to the high impact of VMT and congestion. He said that the world does not end where the site ends. Steve Perich said that operating as a quasi-judicial board would be a radical change in the Board's function. Levine said that he would like the other five members of the Board to look at this at a subsequent meeting. NEW BUSINESS Cities for Climate Protection Campaign Lucinda Smith, Environmental Planner, said that the project has taken more time and investment of resources than expected, but good progress has been made by the staff committee and the citizen advisory committee. She noted that Eric Levine is the Air Quality Advisory Board's representative on the citizen committee. Smith noted that energy consumption figures have decreased somewhat since the Board's last presentation because more information has been received from the EPA on landfill emissions. She said that the 2010 forecast for CO2 emissions shows a 240 percent increase based on a VMT growth rate of seven percent per year. Smith noted that both committees are grappling with what should be set as a goal for the recommended reduction target. She said that most Cities for Climate Protection cities have adopted a 20 percent target reduction below 1990 levels by 2010. Air Quality Advisory Board December 16, 1998 Page 6 Eric Levine questioned the seven-percent/year VMT growth rate. Smith said that it came from early Mobility Report Card figures, but has not been adopted. David Gallup pointed out a conflict between two waste reduction measures being considered. He said that trash haulers might need to add more pickup service if required to pick up plant debris. Smith said that she would mention that to Susie Gordon, Solid Waste Program Manager. Smith noted that the draft plan should be out for public comment by April, with a Council vote on the plan scheduled for June. Harry Edwards said that he would like to look at a bar graph that compares 1990 CO2 emissions with those projected for 2010 on a per capita basis. Other Woodruff said that the Air Quality Action Plan will be discussed at Council's February 9 Study Session. He said that board members are welcome to attend. Adjournment: The meeting adjourned at 9:50 p.m.