HomeMy WebLinkAboutMINUTES-05/05/1998-RegularMay 5,1998
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, May 5, 1998, at
6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered
by the following Councilmembers: Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner.
Staff Members Present: Fischbach, Krajicek, Roy.
Citizen Participation
Yolanda C. Nicely spoke on behalf ofthe Day of Prayer proclamation and expressed gratitude to the
entire Christian community.
Kelly Ohlson, 2040 Bennington Circle, spoke regarding establishing districts for trash collection and
the history of the issue, and encouraged Council to go forward with the program.
Greg Snyder, 625 Bear Creek Drive, opposed government control of service industries.
Aeenda Review
City Manager Fischbach noted that item #30 Items relating to Lincoln Junior High School 1st
Annexation and Zoning and 431 Items relating to Lincoln Junior High School 2nd Annexation and
Zoning are being pulled from the agenda and will be considered at a future date to provide property
owners in the surrounding areas additional opportunity to express their views regarding the matters.
The annexation will be reconsidered by the Planning and Zoning Board on June 18, 1998, and a
neighborhood meeting will be held on June 10, 1998.
City Manager Fischbach noted that item #32 First Reading of Ordinance No. 59, 1998, Amending
Division 4.23 of the Land Use Code by the Addition of "Retail Establishments" to the List of
Permitted Uses Subject to Planning and Zoning Board Review is also being withdrawn from the
agenda by the petitioner.
May 5, 1998
CONSENT CALENDAR
Items Relating to the Mountain View School Annexation and Zoning.
A. Second Reading of Ordinance No. 60, 1998, Annexing Property Known as the
Mountain View School Annexation.
B. Second Reading of Ordinance No. 61, 1998, Amending the Zoning District Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property Included
in the Mountain View School Annexation.
On April 21, 1998, Council unanimously adopted Resolution 98-64 Setting Forth Findings
of Fact and Determinations Regarding the Mountain View School Annexation.
On April 21, 1998, Council also unanimously adopted on First Reading Ordinance No. 60
and 61,1998, annexing and zoning an area of approximately 1.67 acres in size, located north
of LaPorte Avenue, between North Taft Hill Road and North Overland Trail. The property
has 335.10 feet of its total boundary length of 1,596.01 feet (21%) contiguous to existing
City limits. This exceeds the minimum 266.00 feet required to achieve 1 /6th contiguity.
8. Items Relating to the Tavelli Elementary School 1 st Annexation and Zoning_
A. Second Reading of Ordinance No. 62, 1998, Annexing Property Known as the
Tavelli Elementary School 1st Annexation.
B. Second Reading of Ordinance No. 63, 1998, Amending the Zoning District Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property Included
in the Tavelli Elementary School 1st Annexation.
On April 21, 1998 Council unanimously adopted Resolution 98-65 Setting Forth Findings
of Fact and Determinations Regarding the Tavelli Elementary School 1st Annexation.
Also on April 21, 1998, Council unanimously adopted Ordinance No. 62, and 63, 1998 on
First Reading annexing and zoning approximately 0.3 acres in size and is located on North
Lemay Avenue, south of County Club Road, consisting of right-of-way along North Lemay
Avenue. The property has 150.00 feet of its total boundary length of 898.67 feet (17%)
contiguous to existing City limits. This exceeds the minimum 149.78 feet required to achieve
1/6th contiguity.
May 5, 1998
9. Items Relating to the Tavelli Elementary School 2nd Annexation and Zoning_
A. Second Reading of Ordinance No. 64, 1998, Annexing Property Known as the
Tavelli Elementary School 2nd Annexation.
B. Second Reading of Ordinance No. 65, 1998, Amending the Zoning District Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property Included
in the Tavelli Elementary School 2nd Annexation.
On April 21, 1998, Council unanimously adopted Resolution 98-66 Setting Forth Findings
of Fact and Determinations Regarding the Tavelli Elementary School 2nd Annexation.
On April 21, 1998, Council also unanimously adopted on First Reading Ordinance No. 64
and 65, 1998, annexing and zoning of an area approximately 9.25 acres in size and is located
on North Lemay Avenue, south of Country Club Road. The existing use of the property is
an elementary school. The property has 675.51 feet of its total boundary length of 3,760.52
feet (18%) contiguous to existing City limits. This exceeds the minimum 626.75 feet
required to achieve 1/6th contiguity.
10. Items Relating to the Schaulin Annexation and Zoning_
A. Second Reading of Ordinance No. 66, 1998, Annexing Property Known as the
Schaulin Annexation.
B. Second Reading of Ordinance No. 67, 1998, Amending the Zoning District Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property included
in the Schaulin Annexation.
On April 21, 1998, Council unanimously adopted Resolution 98-67 Setting Forth Findings
of Fact and Determinations Regarding the Schaulin Annexation.
On April 21, 1998, Council also unanimously adopted on First Reading Ordinance No. 66
and 67, 1998, annexing and zoning a total of 4.87 acres (including East Lincoln Avenue
right-of-way) located approximately 1000 feet east of Lemay Avenue; between East Lincoln
Avenue and East Magnolia Street. The subject property consists of two adjacent parcels.
The western parcel is 2.05 acres in size and is currently zoned I-1, Industrial in Larimer
County. The eastern parcel is approximately 2.82 acres in size and is currently zoned I,
Industrial in Larimer County. The petitioner requests that the subject property be zoned I,
Industrial in the City of Fort Collins. The applicant has entered into a pre -annexation
agreement with the City of Fort Collins. The requested zoning for this annexation is
consistent with the City Structure Plan.
May 5, 1998
11. SecondReadingofOrdinanceNo.68,1998, Appropriating Unanticipated Revenue andPrior
Year Reserves in the Transportation Services Fund to be used for the SMARTTrips
Transportation Demand Management Program.
Ordinance No. 68, 1998 which was unanimously adopted on First Reading on April 21,
1998, appropriates unanticipated revenue to be used for the SmartTrips program. The grant
monies from the Colorado Department of Transportation and the Transportation Services
Fund Reserves will be used in the regional and local transportation demand management
programs for marketing, education and awareness -raising of the benefits of using alternative
transportation. The International Council on Local Environmental Initiatives dollars, along
with the matching contributions from Hewlett-Packard and State Farm, will be transferred
to the VanGo Vanpool program. These monies will be used by VanGo to operate two
regional on -demand commuter shuttles.
12. Second Reading of Ordinance No. 70, 1998, Authorizing the Long -Term Lease of Property
at the Fort Collins -Loveland Municipal Aimort for the Construction of an Aircraft Hangar
(Matuska).
The Airport Manager has negotiated a twenty-five year lease of property with Dale Matuska
for the construction of an aircraft hangar. Mr. Matuska will build a hangar that will provide
at least 3,400 square feet of aircraft storage space. At the expiration of the lease the
improvements revert to the ownership of the Cities. Ordinance No. 70, 1998 was
unanimously adopted on First Reading on April 21, 1998.
13. Second Reading of Ordinance No. 71, 1998, Authorizing the Long-term Lease of Property
at the Fort Collins -Loveland Municipal Aimort for the Construction of an Aircraft Hangar
(the Ro eg rs).
The Airport Manager has negotiated a twenty-five year lease of property with Robert J.
Rogers and Robin G. Rogers for the construction of an aircraft hangar. The Rogers will build
a hangar that will provide at least 2,000 square feet of aircraft storage space. At the
expiration of the lease the improvements revert to the ownership of the Cities. Ordinance
No. 71, 1998 was unanimously adopted on First Reading on April 21, 1998.
14. Second Reading of Ordinance No. 72, 1998, Authorizing the Mayor to Enter into a Lease
Agreement with the United States Forest Service.
In accordance with previous direction from Council, City staff is in the process of working
with the Forest Service to exchange City owned lands (the Rockwell Ranch properties) for
Forest Service property under and around Joe Wright Reservoir. It is anticipated that the
land exchange will take 12 to 18 months to complete. In the meantime, the Forest Service
has requested that the City lease a portion of the Rockwell properties to the Forest Service
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May 5, 1998
so it may secure $500,000 in funding for improvements at the campground. Ordinance No.
72, 1998, which was unanimously adopted on First Reading on April 21, 1998, authorizes
the Mayor to enter into a lease agreement with the Forest Service.
15. Second Reading of Ordinance No. 73, 1998, Authorizing Acquisition by Eminent Domain
Proceedings of Certain Lands for the Construction of Harmony Road Duct Bank Project.
Hewlett-Packard Company is one of Light and Power's largest customers, and is in the
process of a major expansion that will result in approximately doubling its electric demand.
This Ordinance, which was unanimously adopted on First Reading, on April 21, 1998,
authorizes the acquisition ofpropertyby eminent domain procedures for the construction and
installation of a multi -circuit underground electric facility from the substation at Harmony
at the Union Pacific Railroad, east to the HP site.
16. Postponement of Second Reading of Ordinance No. 74,1998, Amending Chanter 7.5 of the
City Code so as to Add a New Article III Pertaining to Fees in Lieu of Land Dedication for
School Site Acquisition Poses to May 19.
Ordinance No. 74, 1998 was unanimously adopted on First Reading on April 21, 1998.
Staffrequests that Council postpone consideration of Second Reading of this Ordinance until
May 19. The staff in Building and Zoning has asked for 30 days to complete changes to the
Development Tracking System computers which calculate fees. Notice of the fee increases
will also be provided to builders during this 30 days. An affirmative vote of Council on the
Consent Agenda will postpone this item to May 19 for Second Reading.
17. Second Reading of Ordinance No. 75, 1998, Appropriating Unanticipated Revenue in the
Flood Mitigation Fund to Be Used for Flood Mitigation Projects.
Ordinance No. 75, 1998 has been amended prior to Second Reading as shown with redline
and strikeout markings in the ordinance. Accounting for the Disaster Recovery Initiative
Funds from HUD's Community Development Block Grant (CDBG) Program is best
accomplished in a separate fund where the grant revenues and expenditures can be separately
identified and segregated from other CDBG revenues for the 1997/1998 fiscal year program.
Article V, Section 25 of the Charter, authorizes the Financial Officer to create new funds.
Accordingly, the Flood Mitigation Fund has been established and appropriation of the
Disaster Recovery Initiative Funds will now occur in the newly created fund instead of in
CDBG Fund.
On July 28, 1997, a flash flood hit Fort Collins resulting in the loss of five lives, the loss of
120 mobile homes, and causing over $200 million in damage. On August 1, 1997, President
Clinton declared Larimer County a disaster area. The Presidential declaration qualified the
community for various types of Federal disaster assistance programs. One such program is
May 5, 1998
the Disaster Recovery Initiative Funds from the HUD's CDBG Program which provides
disaster recovery funds for those flood -related needs which are not met by other Federal
programs. On January 28, 1998, HUD announced that the City would receive $511,740 of
Disaster Recovery Initiative Funds. A Flood Recovery Action Plan is required by HUD to
access Disaster Recovery Initiative Funds. Since September of 1997, the City's CDBG
Commission, City staff, and various agencies and citizens have been working to develop the
Flood Recovery Action Plan. The final draft version of the Plan is being submitted to the
Council for its approval. The City's CDBG Commission conducted apublic hearing on April
9, 1998, and formulated a recommendation as to how the HUD funds should be used.
Ordinance No. 75, 1998, which was unanimously adopted on First Reading on April 21,
1998, appropriates unanticipated revenue in the CDBG Fund.
18. First Reading of Ordinance No. 78.1998, Appropriating Prior Year Reserves in the General
Fund for Police Seizure Activity.
Nearly 100 years ago, Colorado law created a process for the seizure of illegal contraband
used in or gained from criminal activity. The intent is to deter crime and to have criminals
help defray the costs of policing.
State statutes specify that the proceeds from such seizures are to be used for law enforcement
purposes, and require that the governing body (City Council) of the seizing agency (Police
Services) appropriate these proceeds to supplement the seizing agency's budget or forfeit the
proceeds to the general fund of the State of Colorado. The Colorado Supreme Court and the
United States Supreme Court have consistently upheld the constitutionality of these statutes.
19. First Reading of Ordinance No. 79, 1998, Appropriating Unanticipated Revenue in the
Transportation Services Fund for the Transit and University Communities Conference and
for the 2020 Regional Transportation Plan and Authorizing a Related Transfer of Funds.
The North Front Range Transportation and Air Quality Planning Council ("NFRT &
AQPC") is the regional Metropolitan Planning Organization.
(1) This conference is sponsored by NFRT & AQPC, the City of Fort Collins, the
Community Transportation Association of America, Colorado State University and
the American Public Transit Association. The focus of the conference is providing
new tips and techniques to create or maintain a cost effective transit system in a
university community. The conference will be paid for through a combination of
federal transit and highway planning dollars, and fees paid by conference attendees.
The receipt and expenditure of the federal funds has already been appropriated. This
Ordinance authorizes receipt and expenditure of the fees paid by conference
attendees.
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May 5, 1998
(2) CDOT and NFRT & AQPC have agreed to provide State planning and research funds
to pay for the completion of the regional 2020 Transportation Plan and to pay for one
quarter of a staff financial coordinator. Local matching funds have already been
appropriated.
20. First Reading of Ordinance No. 80, 1998, Amending Section 2-73 of the City Code
Concerning Minutes of Meetines for Boards and Commissions.
Section 2-73 of the City Code currently requires that minutes of a board or commission
meeting be filed with the City Clerk prior to the next regular meeting of the board or
commission. Typically, this is not possible as the board or commission has not had the
opportunity to review and approve of the minutes until its next regular meeting. The board
or commission could, and often does, file "draft" minutes with the City Clerk prior to its next
regular meeting in an effort to comply with this Code provision. However, the "draft"
minutes have not been reviewed by the board or commission before submittal and
occasionally contain errors or inaccuracies which have the potential of misleading City staff
and the public.
The proposed Ordinance would change the filing requirement by providing that the minutes
would need to be filed with the City Clerk upon approval by the board or commission
instead of prior to the next regular board or commission meeting.
21. Items Relating to Revisions to the Land Use Code.
A. First Reading of Ordinance No. 90, 1998, Amending the City's Land Use Code.
B. First Reading of Ordinance No. 91, 1998, Amending Section 2-353(4) of the City
Code Regarding the Functions of the Planning and Zoning Board.
These recommended amendments to the Land Use Code address a variety of issues that have
recently emerged or have otherwise been identified as being appropriate to address at this
time.
Staff briefly reviewed these issues with the Council Growth Management Committee at its
March 23 meeting. The Planning and Zoning Board held a public hearing on these proposed
revisions on April 2, 1998, and made recommendations to Council regarding their adoption.
At the April 2 hearing, the Planning and Zoning Board recommended that Council defer
action on Code changes addressing issues related to "convenience retail stores with fuel
sales" until the next Land Use Code maintenance ordinance. That ordinance is expected to
come to Council in November of this year. The Board believed that more work needed to
be done with affected property owners.
May S, 1998
At the April 16 Planning and Zoning Board meeting, the Board reconsidered its
recommendation to Council regarding these issues, and instead recommended that Council
take action on these issues this spring.
Staff has withdrawn the Code revisions related to "convenience retail stores with fuel sales"
from consideration with this ordinance, but will bring these issues to Council in a separate
ordinance early this summer, rather than deferring action until November of this year. This
will allow staff to continue to work with affected property owners.
22. Resolution 98-77 Amending Resolution 97-79 and Authorizing Acquisition by Eminent
Domain Proceedings of Certain Lands for Street Oversizing -- Harmony Road Realignment.
The Harmony Road realignment will be built with the development of the Overlook P.U.D.
beginning this spring. Harmony Road will be realigned north to intersect with Taft Hill Road
at County Road 38E in accordance with the adopted Street Master Plan. Staff has been
working on the right-of-way acquisition process for some time, discussing the project with
the property owners, obtaining appraisals, preparing offers and negotiating for the required
property interests.
In June, 1997, Council adopted Resolution 97-79 authorizing the use of eminent domain
proceedings if necessary to obtain the necessary property interests. During the negotiation
process and after passage of that Resolution, a technical issue was raised regarding the
completeness of the legal description for one of the included properties. Therefore, staff is
requesting that Council approve Resolution 98-77 which revises the legal description to
clarify Council's intent with respect to the property at issue, and amend Resolution 97-79 to
include this revised legal description in the eminent domain proceedings.
23. Resolution 98-78 Endorsing the Nomination of Ron Phillips to the Executive Board of the
Colorado Municipal League.
The Resolution formally endorses the nomination of Ron Phillips to the Colorado Municipal
League Executive Board.
City Council has expressed its strong support in nominating Ron Phillips to the Executive
Board of the Colorado Municipal League.
24. Indefinite Postponement of Rezoning Property Known as the Worthington Farm Annexation
from L-M-N. Low Density Mixed -Use Neighborhood Zone District to the R-L. Low Density
Residential Zone District.
At a neighborhood meeting conducted on April 8, 1998, the property -owner and the adjacent
residents mutually agreed to postpone consideration ofthe Worthington Farm Rezoning item
May 5, 1998
scheduled to be heard by the Planning and Zoning Board on April 16, 1998, to the Board's
July 16, 1998, meeting. The property -owner and adjacent residents would like to use the
time to see if a private agreement between the two parties can be reached concerning future
development limitations on the property. If such an agreement is reached, the adjacent
residents believe they will no longer need to pursue a rezoning of the property. Staff is
confident that an agreement can be reached by the two parties. Based on the comments made
at the April 8 meeting, the two parties are in basic agreement about the future land use
development of the property, some design details will need to be worked out.
25. Routine Easements.
A. Deed of Easement from Gary and Cheryl Salinger for a permanent public access
easement, located on the west side of Automation Way and north of Lowe Street.
Monetary consideration: $10.
B. Deed of Easement from Front Range Baptist Church for a non-exclusive easement
for surface and storm water drainage, located west of Boardwalk Drive and south of
East Harmony Road. Monetary consideration: $0.
C. Deed of Easement from Hewlett-Packard Company for a non-exclusive water utility
easement, located on the east side of Technology Parkway and south of East
Harmony Road. Monetary consideration: $10.
D. Deed of Easement from Hewlett-Packard Company for a drainage easement, located
on the east side of Technology Parkway and south of East Harmony Road. Monetary
consideration: $10.
E. Deed of Easement from James Construction Company, Inc. for a temporary grading,
drainage and utility easement, located at the southeast corner of South Lemay Avenue
and East Trilby Road. Monetary consideration: $10.
F. Deed of Easement from Bueno Development, LLC for five permanent utility
easements, located south of Boardwalk Drive and east of Highcastle Drive.
Monetary consideration: $10.
G. Deed of Easement from U.S. Homes, for a permanent utility easement, located at the
west end of Bentley Place, west of Hinsdale Drive, and south of West Harmony
Road. Monetary consideration: $10.
H. Deed of Easement from Melody Homes, Inc. for a permanent drainage easement,
located on the north five feet of lots 18 through 22 of Ridgewood Hills PUD, Second
Filing. Monetary consideration: $10.
May 5, 1998
Deed ofEasement from Bayberry Development, LLC fora permanent storm drainage
easement, located on the west of Redwood Street, between Nokomis Court and
Bayberry Circle. Monetary consideration: $10.
J. Deed of Easement from Eastrich No. 52 Corporation for a permanent right-of-way
for public street purposes, located on Oakridge Drive between McMurry Avenue and
Wheaton Drive. Monetary consideration: $10.
K. Deed of Easement from Eastrich No. 52 Corporation for a temporary grading
easement, located on the north and south sides of Oakridge Drive, between McMurry
Avenue and Wheaton Drive. Monetary consideration: $0.
L. Deed of Easement from Symbios Logic, hic. for a permanent right-of-way easement,
located on the north side of East Harmony Road and west of County Road #9.
Monetary consideration: $10.
M. Deed of Easement from Symbios Logic, Inc. for a permanent slope, access, drainage
and utility easement, located on the north side of East Harmony Road and west of
County Road #9. Monetary consideration: $10.
N. Deed of Easement from Symbios Logic, Inc. for a permanent utility easement,
located along the westerly and northerly boundary of Symbios Office Building
Subdivision. Monetary consideration: $10.
O. Deed of Easement from Symbios Logic, Inc. for a grading and drainage easement,
located along the westerly and northerly boundary of Symbios Office Building
Subdivision. Monetary consideration: $10.
P. Deed of Easement from Margaret and Norbert Lukas for two permanent drainage
easements, located east of North College Avenue and south of Willox Lane.
Monetary consideration: $0.
Q. Deed of Easement from Eleanor and Richard Anderson for permanent pedestrian
access and utility easement, located on the north side of West Prospect Road and
west of the railroad. Monetary consideration: $0.
R. Deed of Easement from English Ranch South, LLC and Spring Creek Farms, LLC
for drainage, temporary construction, and grading easement, located south of
Paddington Road and west of County Road #9. Monetary consideration: $0.
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May S, 1998
S. Deed of Easement from English Ranch South, LLC and Spring Creek Farms, LLC
for three utility and drainage easements, located south of Paddington Road and west
of County Road #9. Monetary consideration: $0.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
Items Relating to the Mountain View School Annexation and Zoning,
A. Second Reading of Ordinance No. 60, 1998, Annexing Property Known as the
Mountain View School Annexation.
B. Second Reading of Ordinance No. 61, 1998, Amending the Zoning District Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property Included
in the Mountain View School Annexation.
8. Items Relating to the Tavelli Elementary School 1st Annexation and Zoning.
A. Second Reading of Ordinance No. 62, 1998, Annexing Property Known as the
Tavelli Elementary School 1st Annexation.
B. Second Reading of Ordinance No. 63, 1998, Amending the Zoning District Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property Included
in the Tavelli Elementary School I st Annexation.
9. Items Relating to the Tavelli Elementary School 2nd Annexation and Zoning.
A. Second Reading of Ordinance No. 64, 1998, Annexing Property Known as the
Tavelli Elementary School 2nd Annexation.
B. Second Reading of Ordinance No. 65, 1998, Amending the Zoning District Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property Included
in the Tavelli Elementary School 2nd Annexation.
10. Items Relating to the Schaulin Annexation and Zoning.
A. Second Reading of Ordinance No. 66, 1998, Annexing Property Known as the
Schaulin Annexation.
B. Second Reading of Ordinance No. 67, 1998, Amending the Zoning District Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property included
in the Schaulin Annexation.
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May 5, 1998
11. SecondReadingof OrdinanceNo. 68,1998, Appropriating Unanticipated Revenue andPrior
Year Reserves in the Transportation Services Fund to be used for the SMARTP:�M
Transportation Demand Management Program.
12. Second Reading of Ordinance No. 70, 1998, Authorizing the Long -Term Lease of Property
at the Fort Collins -Loveland Municipal Airport for the Construction of an Aircraft Hangar
Matuska .
13. Second Reading of Ordinance No. 71, 1998, Authorizing the Long-term Lease of Property
at the Fort Collins -Loveland Municipal Aimort for the Construction of an Aircraft Hangar
(the Rogers).
14. Second Reading of Ordinance No. 72, 1998, Authorizing the Mayor to Enter into a Lease
Agreement with the United States Forest Service.
15. Second Reading of Ordinance No. 73, 1998, Authorizing Acquisition by Eminent Domain
Proceedings of Certain Lands for the Construction of Harmony Road Duct Bank Project.
16. Postponement of Second Reading of Ordinance No. 74, 1998, Amending Chapter 7.5 of the
City Code so as to Add a New Article III Pertaining to Fees in Lieu of Land Dedication for
School Site Acquisition Purposes to May 19.
17. Second Reading of Ordinance No. 75, 1998, Appropriating Unanticipated Revenue in the
Flood Mitigation Fund to Be Used for Flood Mitigation Projects.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
18. First Reading of Ordinance No. 78.1998, Appropriating Prior Year Reserves in the General
Fund for Police Seizure Activity.
19. First Reading of Ordinance No. 79, 1998, Appropriating Unanticipated Revenue in the
Transportation Services Fund for the Transit and University Communities Conference and
for the 2020 Regional Transportation Plan and Authorizing a Related Transfer of Funds.
20. First Reading of Ordinance No. 80, 1998, Amending Section 2-73 of the City Code
Concerning Minutes of Meetings for Boards and Commissions.
21. Items Relating to Revisions to the Land Use Code.
A. First Reading of Ordinance No. 90, 1998, Amending the City's Land Use Code.
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May 5, 1998
B. First Reading of Ordinance No. 91, 1998, Amending Section 2-353(4) of the City
Code Regarding the Functions of the Planning and Zoning Board.
28. Items Relating to the Human Rights Ordinances.
A. First Reading of Ordinance No. 81, 1998, Repealing Ordinance No. 21, 1998.
B. First Reading of Ordinance No. 82, 1998, Repealing Ordinance No. 22, 1998.
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C. First Reading of Ordinance No. 83, 1998, Calling a Special Municipal Election to
be Held in Conjunction with the November 3, 1998 General Election.
D. Resolution 98-79 Adopting a Ballot Title and Submission Clause for the
Consideration of Ordinance No. 21, 1998 at the Special Municipal Election to be
held on Tuesday, November 3, 1998.
E. Resolution 98-80 Adopting a Ballot Title and Submission Clause for the
Consideration of Ordinance No. 22, 1998 at the Special Municipal Election to be
held on Tuesday, November 3, 1998.
29. Items Relating to the Uniform Building Code and the Uniform Code for Building
Conservation.
A. First Reading of Ordinance No. 84, 1998, Repealing and Reenacting Chapter 5,
Division 2, of the City Code for the Purpose of Adopting the 1997 Uniform Building
Code, with Amendments.
B. First Reading of Ordinance No. 85, 1998, Amending the City Code Relating to
Historic Buildings by Adopting the 1997 Uniform Code for Building Conservation.
30. Items Relating to the Lincoln Junior High School 1 st Annexation and Zoning,
A. Resolution 98-81 Setting Forth Findings of Fact and Determinations Regarding the
Lincoln Junior High School 1 st Annexation.
B. Hearing and First Reading of Ordinance No. 86, 1998, Annexing Property Known
as the Lincoln Junior High School 1st Annexation.
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May S, 1998
C. Hearing and First Reading of Ordinance No. 87, 1998, Amending the Zoning
District Map of the City of Fort Collins and Classifying for Zoning Purposes the
Property Included in the Lincoln Junior High School I st Annexation.
31. Items Relating to the Lincoln Junior High School 2nd Annexation and Zoning.
A. Resolution 98-82 Setting Forth Findings of Fact and Determinations Regarding the
Lincoln Junior High School 2nd Annexation.
B. Hearing and First Reading of Ordinance No. 88, 1998, Annexing Property Known
as the Lincoln Junior High School 2nd Annexation.
C. Hearing First Reading of Ordinance No. 89, 1998, Amending the Zoning District
Map of the City of Fort Collins and Classifying for Zoning Purposes the Property
Included in the Lincoln Junior High School 2nd Annexation.
32. First Reading of Ordinance No. 59,1998, Amending Division 4.23 of the Land Use Code by
the Addition of "Retail Establishments" to the List of Permitted Uses Subject to Planning
and Zoning Board Review.
Councilmember Mason requested that item #20, Ordinance No. 80, 1998, Amending Section 2-73
of the City Code Concerning Minutes ofMeetings for Boards and Commissions, be withdrawn from
the Consent Calendar.
Councilmember Bertschy made a motion, seconded by Councilmember Mason, to adopt and
approve all items not removed from the Consent Calendar. Yeas: Councilmembers Azari, Bertschy,
Byrne, Kneeland, Mason, Smith and Wanner. Nays: None.
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Councilmember Reports
Councilmember Smith reported that the Utility and Technology Committee met and discussed the
year 2000 problem, which the City is addressing for critical computer systems. The committee also
discussed the franchise agreement for cable service. The committee also discussed the possibility
of the City aggregating the purchase of gas through parts of the utilities or through Platte River
Power Authority.
Councilmember Smith noted that item #19 on the Consent Agenda appropriated funds for the City
to host a national Transit and University Communities Conference on June 21-23, 1998 sponsored
by the American Public Transit Association.
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May 5, 1998
Councilmember Wanner reported on the April 20, 1998 meeting of the Growth Management
Committee, which discussed updating the intergovernmental agreement with Larimer County, the
use of Type 1 plan review standards in the annual audit of Type 1 reviews, and standards and
guidelines for historic districts, the County's updated development code, and industrial zoning
changes.
Councilmember Mason reported on the April 23, 1998 meeting of the Legislative Review
Committee, which discussed two federal bills that prohibit taxation of internet commerce. The
National League of Cities has estimated a seven percent loss to local tax bases, which would amount
to $3-4 million to the City. The Committee also discussed several transportation bills and a bill that
would reduce tipping fees at landfills. The Committee sent a letter asking that tipping fees not be
reduced any further. The Committee also received an update on the camera radar suit with the State.
Councilmember Kneeland reported that the Growth Management Committee met yesterday and
discussed the County's TDU program, and staff has put together some information for Council to
evaluate how fees should be assessed for TDU's. The Committee also discussed the role of the
Planning and Zoning Board as a result of changes to City Plan. The Board will be having a retreat
to discuss its changed role.
Mayor Azari asked if there had been any change in the transportation legislation.
Transportation Services Director Phillips stated that HB 1256 deals with the surplus above the
TABOR limit and takes $200 million of that surplus and applies 50% to transportation needs, 30%
to public education, and 20% to higher education. There is a possibility of $100 million for
transportation. HB 1256 also includes a local share back provision. This is an item that will have
to be approved by the voters in November. SB 170 deals with the surplus under the TABOR limit
above the legislative imposed limit and has passed the House Transportation Committee.
Mayor Azari reported on the regional meeting in Milliken, which had good discussion and an
excellent attendance by regional officials. Topics included regional transportation (transit), how to
help the communities interrelate better, the ongoing concern of community separators, how to help
communities keep their sense of identity, and interstate agreements on water.
Items Relating to the Human Rights Ordinances,
Adopted on First Reading_
The following is staff s memorandum on this item.
"Executive Summary
A. First Reading of Ordinance No. 81, 1998, Repealing Ordinance No. 21, 1998.
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May S, 1998
B. First Reading of Ordinance No. 82, 1998, Repealing Ordinance No. 22, 1998.
m
C. First Reading of Ordinance No. 83, 1998, Calling a Special Municipal Election to be Held
in Conjunction with the November 3, 1998 General Election.
D. Resolution 98-79 Adopting a Ballot Title and Submission Clause for the Consideration of
Ordinance No. 21, 1998 at the Special Municipal Election to be held on Tuesday, November
3, 1998.
E. Resolution 98-80 Adopting a Ballot Title and Submission Clause for the Consideration of
Ordinance No. 22, 1998 at the Special Municipal Election to be held on Tuesday, November
3, 1998.
On April 21, 1998, the City Clerkpresented to the Council the certification ofreferendum petitions
received on April 7, 1998 relating to Ordinance No. 21, 1998 and Ordinance No. 22, 1998. Under
Article X of the City Charter, the signatures of at least 1, 783 registered electors (10% of the total
ballots cast in the last regular City election) are required to place a referendum before Council for
action.
The Charter provides that the presentation of the certified petitions suspends the operation of the
ordinances, pending their repeal by the Council or final determination by the electors.
This agenda item presents Council with the option to repeal one or both of the ordinances, or call
a special municipal election for the purpose of placing one or both of the ordinances before the
voters offort Collins. The ordinance calling an election has been drafted to provide for a special
municipal election to be held on November 3, 1998 in conjunction with the Lorimer County General
Election. However, Council does have the option to call a special election at some date other than
November 3, or to place the item(s) on the ballot for the regular city election to be held on April 6,
1999.11
City Clerk Krajicek stated that on April 21 she presented a certification that the referendum petitions
submitted on April 7 were sufficient. She described the options available to Council as outlined in
the agenda item summary.
Bob Lenk, 322 East Pitkin Street, Human Relations Commission Chair, stated that the Commission
has considered the question and has voted to recommend referring the ordinances to the November
3 ballot. He noted that a lot of work has gone into the ordinances and should be considered by the
citizens. The November 3 date would give voters ample time to consider the ordinances, while
providing a timely decision with the highest possible voter turnout.
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May S, 1998
Greg Snyder, 619 Bear Creek Drive, petitioner, recommended placing the ordinances on the April
election to save taxpayer dollars.
Yolanda C. Nicely, Trilby Mobile Home Park #40A, urged a vote of the people on the ordinances.
Councilmember Kneeland made a motion, seconded by Councilmember Bertschy, to adopt
Ordinance No. 83, 1998 on First Reading, calling for a special election to be held in November. The
vote on the motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland,
Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Byrne asked about the November 3, 1998 election date.
City Clerk Krajicek stated that the estimated cost for the City's prorated share of the November 3,
1998 election will be approximately $30,000.
Councilmember Smith made a motion, seconded by Councilmember Mason, to adopt Resolution 98-
79.
Councilmember Bertschy asked if the language set out in the Resolution is what will actually appear
on the ballot and if this language will appear in information that must be sent out to the voters in
advance of the election. City Attorney Roy replied that this is the language that will appear on the
ballot; however, there is no advance mailing to the voters required for this type of ballot issue.
The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Azari,
Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt Resolution
98-80. The vote on the motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne,
Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
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May 5, 1998
Items Relating to the Uniform Building Code
and the Uniform Code for Building Conservation. Adopted on First Reading.
The following is staffs memorandum on this item.
"Executive Summary
A. First Reading of Ordinance No. 84, 1998, Repealing and Reenacting Chapter 5, Division
2, of the City Code for the Purpose of Adopting the 1997 Uniform Building Code, with
Amendments.
The 1997 Uniform Building Code (UBC) has undergone extensive review by staff, and for the first
time, by a regional ad hoc review committee. In the interest of standardizing the building codes
throughout the Larimer County area to the extent practical, a code review team (composed of
construction professionals, public board members and code officials from across the Larimer
County region) completed a six-month review of the 1997 UBC and draft amendments. The UBC
is published every three years and has been the national model building code in use by much of
Colorado, including Fort Collins, for many years.
Important provisions include:
• New requirements for larger residential basement escape window wells.
• Revised standards that are now in conformity with the "American with
Disabilities Act " and the "Fair Housing Act " for providing building access
to persons with disabilities.
• More explicit limitations on the role of the Building Review Board.
• First-time standards for the voluntary installation of radon -reduction
systems.
• Reduction in building permit fees for new building construction valued at
more than $10M.
• Simplification of the current Class A fire-resistant roofing standard.
Although each jurisdiction will maintain its distinctive individual community standards based on
local priorities and building conditions like fire protection, fees, historic property, etc., the vast
majority of the building code will be universal throughout the region. Ina coordinated effort, both
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May 5, 1998
the City of Loveland and Larimer County are also considering the new UBC for formal adoption.
B. First Reading of Ordinance No. 85, 1998, Amending the City Code Relating to Historic
Buildings by Adopting the 1997 Uniform Code for Building Conservation.
The 1997 Uniform Code for Building Conservation (UCBC) is virtually the same as the currently
adopted 1991 UCBC it replaces. Differing slightly only in format from the earlier version, the 1997
UCBC is a regulatory tool that allows greater flexibility for alterations to existing buildings,
particularly those designated as "historic ".
FINANCIAL IMPACT:
New Construction Standards
The technical provisions of the 1997 UBC as proposed will have some impact on the cost of new
construction. Most housing is likely to experience a negligible or no increase in total construction
costs. Any added costs associated with the new requirement for larger basement escape window
wells will likely be offset by the proposed elimination of the current local special roofing
underlayment requirement. The Fort Collins "severe climate" roofing provision is unique
regionally. In most other places across the county, this designation is typically reserved for icing
conditions found in mountain and other more severe winter climates.
Proposed Fee Change
In response to the April 16 briefing with the Council Finance Committee, staff proposes to amend
the current building permit fee schedule so that fees for new individual building construction
projects greater than $10M in valuation (Attachment F) will be significantly reduced. With this
change, the revenues generated by the fees will more closely approximate the overall costs of
reviewing buildingpermit applications. The $10Mvaluation mark was identified as a logical place
for regressing the fee rates. Since the DTS database was created in 1989, three projects have
exceeded the $10M threshold (Attachment G).
Building permit fees are currently determined from "Table 3-A" of the 1991 UBC as amended by
the City and have remained unchanged since 1984. Such fees are calculated based on the
replacement value ofa given buildingproject, also known as "valuation ". Above $500Kvaluation,
the currentfees amount to approximately 0. 5% ofthe building valuation. They are designed to cover
the total costs of providing City services related only to the actual processing ofa building permit;
i.e., building permit application, building plans review, site inspections during construction, and
issuance of a Certificate of Occupancy. This process does not include the City's "development
review" process related to PUD review under City Plan or public infrastructure design and
construction. General Fund operations that provide a significant part of this service, i.e., Building
& Zoning, Engineering, PFA, and Traffic were considered in determining "Total City Costs. "
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May 5, 1998
External entities such as the Lorimer County Health Department and City enterprise funds (such as
utilities) are also involved in the building permit review process. However, these costs are covered
by independently supported user fees, and therefore, were not included in determining cost of
services.
The City's cost ofproviding building permit services in relation to fees collected over the past 25
years indicate a significant and growing trend for revenues outpacing costs beginning in 1992. The
total differential between costs and revenues for the entire 17 year period from 1974 through 1991
is only 8% or +$737K. For the last six years, revenues have exceeded the costs for the period from
1992 through 1997. Beginning this year through 2000, a number of anticipated large-scaleprivate
and public projects will magnify this disparity further under the current fee structure. Even with the
addition of one FTE Building Inspector and 0.5 FTE Zoning Inspector in 1997, followed by an
approved contract FTE Plan Review technician for the remainder of 1998 and possibly through
1999, the revenues for that period are expected to more than cover the costs of the services by a
significant margin if the fees remain unchanged (Attachment H).
Although reallocation ofresources occurs in response to demand, the costs incurred to provide plan
review and inspection services for projects above a certain size (valuation) begin to 'flatten out ".
For example, the costs associated with a $20M building are not 20 fold more than for a $1M
building as contemplated by the current fee structure -- $94,000 v. $5,300. Predictably, because
these costs are to a large extent constrained via the General Fund budgeting cycle, they are much
less subject to the unpredictable swings in the revenue side and therefore, rarely coincide. The
public benefit is that for an essential mandated General Fund operation, building permit process
services and trained staffare maintained during recessionary periods in the construction industry.
In order to compare the relative effects of the proposed new fee schedule, it was compared with the
actual fees collected over the period beginning in 1989 as shown in the attached chart (Attachment
I). Based on this model, it is clear that the infrequent largeprojects represent a small portion of the
total revenues over time. However, with the unusual number of very large public and private
projects anticipated in 1998 through 2000, the revenues could nearly double the costs of building
permit services over that period under the current fee schedule. For instance, if the anticipated
Hewlett-Packard project, with an estimated value of $150M, were to be assessed using the current
schedule, the fees collected from this single project alone could approach $600, 000 to $800, 000.
The current fee rates are conservatively projected to realize $1.8M in revenues for 1998 -- well
above the estimated $1.15M in total costs of the service. With the proposed fees in place, the
estimated amount at about $1.35M approaches the projected costs.
The changes to the fee schedule will also serve as an incentive for large projects to utilize approved
independent "third parry"private agencies to provide equivalent technical building code services,
especially during periods when the demand for these services overwhelms the City's capacity to
respond effectively. Under the newfee schedule, withfees greatly reducedforprojects above$] OM,
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May 5, 1998
the City would collect the fees indicated, and the builder may still find it feasible to seekan approved
"third party" building code compliance service provider.
In summary, the proposed new fee schedule more realistically reflects the cost of providing the
services in question.
BACKGROUND:
(A) TECHNICAL REVIEW TEAM
In July 1998, an ad hoc advisory committee was assembled from a diverse group ofpublic officials
in the jurisdictions of Berthoud, Fort Collins, Larimer County, Loveland, and Wellington, as well
as professional builders and designers throughout Larimer County. Representatives from the
Loveland Construction Advisory Board, the Fort Collins Building Review Board (BRB) and
Commission on Disability, and the Larimer County Appeals Board also participated. Meeting
twice -monthly, the task group completed its work in January. See the Attachment C for a list of
individual participants.
Although consensus was not the group's primary objective, general agreement was achieved on
many issues. In three notable examples, all jurisdictions represented agreed on common standards
for:
Exterior residential rear patio door steps.
Stair hand rail mounting heights.
Roofing underlayment.
Some members also expressed opposition to specific issues. The most controversial of these are the
proposed rewriting of the Fort Collins Building Review Board's appellate authority and the three-
year old Fort Collins "Class A Roofing Ordinance". A Fort Collins BRB member, a Larimer
County Appeals Board member, and a multi -unit housing builder who also is a Fort Collins Zoning
Board of Appeals member disagreed with the proposed amendment that more explicitly ties the
BRB's appellate function to that ofhearing only those individual cases seeking relieffrom a decision
ofthe building official. Theseparticipants construe the currentprovisions to imply that the BRB can
autonomously approve various materials and methods not specifically permitted in the building
code without a formal appeal by an individual applicant. This process could, in effect, provide a
mechanismforrevising the building code under the "Suitability ofalternate materials and methods"
provision circumventing City Council approval. The BRB member brought the matter of the BRB's
jurisdiction in such cases before that body for a formal ruling in December. The member's motion
died for lack of a second.
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May 5, 1998
The same BRB member also lodged strenuous objections to the current Fort Collins fire-resistant
Class A roofing standards. He cited an exception that allows "mineral surfaced" Class B and C
shingles on new homes. This provision effectively excludes Class C or Class B treated wood roofing
because mineral surfaced wood roofing is not produced. This task group member also objects to
the exception that allows reroofing of historic buildings with Class C wood materials without the
same roof percentage limitations placed on other existing buildings.
(B) PUBLICMEETINGS
The Commission on Disability -- January 26
Staff presented the new provisions contained in the 1997 UBC relative to persons with
disabilities and building accessibility. Having recently recommended approval for a large
multiple -housing unit project conforming to the new UBC under review, the members were
generally familiar with the changes from the 1991 UBC. Responding to interested parties'
concerns that the long-standing state law would once again become relevant with the
inception of the new code, the COD voted unanimously to accept the new code provided the
applicable provisions of the statutes are incorporated into a local amendment in order to
provide a single comprehensive code resource for builders and designers.
2. The Affordable Housing Board -- February
Staff provided an overview of the new code to the Affordable Housing Board at its regular
February meeting. The AHB did not feel qualified to make a formal recommendation.
However, members expressed agreement with the elimination locally of special "severe
weather" roofing underlayment and with the model code's conformance to the ADA and the
Fair Housing Act.
The Landmark Preservation Commission -- February 10
The 1997 UCBC, a companion code to the UBC that deals with existing and historic
buildings, was presented for discussion at the LPC's regular meeting. Staff answered
questions about the new UCBC and noted the changes from the 1991 version were minor in
nature, primarily related to format. The presentation concluded with LPC members not
identifying any significant issues.
4. Public Comment Forum -- February 25
An evening open public forum was held to gather reactions to the new codes and to identify
any remaining issues not already discussed. Information on the forum was published in the
Coloradoan, in the local HBA newsletter, in direct mailings and in flyers at the Building and
Zoning customer counter. Of the few attending, most were in the roofing industry who
22
May 5, 1998
voiced concerns about a proposed more restrictive department policy on specifications for
using the underlayment felt (tarpaper) as the temporary roof covering until the building is
completed; and about the proposed local amendment that designates Fort Collins as a "high
wind area" for installing asphalt shingles in Amendment (41), Section 1507.5 Asphalt
Shingles. Members of the roofing industry also expressed frustration over the additional
asphalt shingle nailing required for the high wind designation (typically 6 nails v. 4 nails
per shingle), noting that if standard nailing were done properly, much of the wind damage
to new roofs would be eliminated.
5. Building Review Board -- February 26
As part of its regular monthly meeting, the BRB considered the new code and solicited
comments from the public. Much as occurred at the public forum the previous evening,
several roofing contractors expressed concerns about the proposed City policy on exposed
roofing felt and the new high wind application requirements. Staff suggested that roofing
contractor representatives and appropriate members of the Building and Zoning
Department convene later to discuss the proposed policy. Also as in the earlier meeting, the
contractors suggested the current nailing standard was not theproblem. Rather, many there
believe the wind damage problem was primarily due to poor workmanship and to using the
least expensive, light -weight materials. They also suggested that more inspections were
needed and not the additional nailing.
Former BRB member and Code Review Task Group participant John Meleski again spoke
in opposition to the current roofing code that allows only Class C roofing that is
permanently coated with mineral granules on new homes because it excludes wood. He also
stated for the record his objection to the proposed code language that sets specific limits on
the BRB's authority as stated in Amendment (1), Sections 105.4.1 through 105.4.4.
However, several BRB members expressed supportfor clarifying the Board's appellate role
as outlined in the new amendment. On the Class C roofing issue, BRB members
unanimously reaffirmed their support for eliminating the current restrictions and allowing
any type of Class C roofing.
The five BRB members in attendance unanimously endorsed the COD recommendation for
the new code amendments relating to provisions for persons with disabilities as specified in
Amendment (32),Seciion 1101.1 of the 1997 UBC.
Two members left the meeting early and one member was absent due to previous
commitments. Some members wanted additional opportunity to review the proposed draft
ordinance before making a formal recommendation. Member Kreul-Froseth recommended
the City provide a greater level of compliance inspections for roofing rather than making
any recommendation with respect to the high wind amendment. All members expressed a
desire not to convene a special meeting but decided to offer any final comments individually
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May 5, 1998
for the record. Staff polled all BRB members after the meeting and found they had no
additional comments.
6. Building Review Board -- April 30
As of this writing, the BRB is scheduled to meet on April 30. The revised fee schedule and
recentproposed revisions to the roofing standards will be presented. The Code Review Task
Force and area roofing industry representatives will be invited to respond.
(C) SUMMARY OF SIGNIFICANT ISSUES
Proposed Clarification ofBRBPowers. (Amendment (1) Sections 105.4.1 through 105.4.4.7
The proposed revisions to the code would explicitly confine the BRB's appellate function to
case -by -case basis appeals of the Building Official's decisions; and, only when related to
the technical provisions of the building code. The BRB will not be empowered to act
autonomously in a de facto legislative capacity, making blanket interpretations of the
building code and approving materials and methods not specified in the code in the absence
of a specific appeal. The BRB may hear only appeals of a decision of the Building Official
by a building permit applicant or buildingpermit holder. Furthermore, the BRB will have
no executive authority with respect to the administrative provisions ofthe building code; i.e.,
permit/inspection, enforcement operations, processing, fees, etc.
2. Proposed Revised Fee Schedule [Amendment (4), Section 107.3 and Amendment (7) Table
In an effort to reverse the growing trend over the past seven years for the building permit
fees collected exceeding General Fund costs ofproviding the service, building permit fees
for individual building construction projects greater than $10M in construction valuation
will be reduced significantly as prescribed in the new fee schedule. For example, under the
current schedule, thefees remain atabout 0.5%ofthe construction valuation beyond a value
of $500,000, resulting in fees of $500,000 for a single building project valued at $100M.
Under the proposed new fee rates, which are triggered for buildings above $10M, the same
$100Mbuilding would generate about $70, 000 in building permit fees. Over the longterm,
such very large projects are infrequent and should not significantly effect overall revenues.
However, for years when several large projects are constructed, the new fee schedule will
dampen large "spikes" in revenues above costs of the service.
3. New Accessibility Provisions [Amendment (32). Section 1101.11
The standards in the 1997 UBC forprovidingaccess in buildings forpeople with disabilities
were developed from the "Americans with Disabilities Act" and the "Fair Housing Act".
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May 5, 1998
Both the Commission on Disability and the Building Review Board came to consensus on
accepting the model code provisions with the addition of a new amendment that includes
language reciting the state law on minimum number ofaccessible units and further clarifies
under which conditions an "extraordinary hardship" may be considered for granting a
variance. The result is that the amended code becomes a single reference source offederal,
state, and local accessible design standards for builders, designers, and regulators.
The provisions contained in Amendment (33),Section 1103.1.9.1 ofthe 1997 UBC requiring
the same ' functional features " and a proportion of the same bedroom configurations to be
constructed in accessible units as are in the non -accessible units is retained from the current
code.
4. First-time Provisions for Radon Reduction Systems [Amendment (38), Section 12101
For the first time a set of technical standards is included into the 1997 UBC for designing
voluntary "Radon Reduction Systems" in single family residences. These standards were
developed cooperatively with a task team comprised of Building & Zoning and Natural
Resources staff, code officials from Loveland and Larimer County, industry specialists, and
EPA training staff.
5. "High -wind Area" Roofing Designation[Amendment(41).Section1507.5AsphaltShinglesl
The amendment designates the City as a "high wind area " (wind speeds above 80 mph) for
asphalt shingle application. The structural design 50 year maximum wind speed has been
established at 100 mph forseveral years and was recently reconfirmed based on discussions
with the state climatologist's office. Many asphalt roofing manufacturers recommend six
nails v. the standard four nails per strip shingle in such areas for warranty purposes.
Several roofing contractors and some BRB members remain unconvinced that the additional
nails accomplish the objective of keeping the shingles in place, believing instead that more
inspections are needed to police the nailing methods of the roofing trade. Staff believes the
recommendations by the roofing manufacturers should be followed as is required by the
building code for virtually all other building products; and furthermore, that local officials
and contractors are not in a position to second-guess manufacturer's specifications.
6. Revised Fire-resistant Roofing Provisions (Amendment (40), Section 15037
Based on feedback from the Code Review Task Group, the roofing industry and PFA, staff
is recommending revising the current local fire-resistant roofing standards in effect since
July 1995. The revision has been greatly simplified. It eliminates the complicated exception
about which types, under what conditions, and when Class B and Class C roofing is allowed
on new construction.
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May 5, 1998
Because there are now so many cost-effective Class A roofing options available, all new
buildings will require either Class A or non-combustible roofing. However, new additions
to existing single family homes will be allowed to use any Class B or C material, including
treated wood, indefinitely. The current deadline for the year 2000, after which such
applications effectively precluded wood by limiting roofing to Class A or "mineral -
surfaced" (asphalt) only Class B or C roofing, has been dropped.
Similarly, under the revised amendment for re -roofing applications of existing buildings, a
wood roof can be replaced with Class C treated wood roofing without further restrictions.
Under the current standard, until year 2015, not more than 50% of the roofmay be replaced
with Class C wood. After that date, or whenever roofing amounts to more than 50% of the
existing roof, only Class A replacement materials can be used --precluding the use of any
wood for all practical purposes in re -roofing applications. Additionally, because the new
language allows Class C wood replacement roofing on any existing building, it obviates the
need for an exception with historic buildings as well.
In the three years since the current roofing ordinance, escalating prices and quality -control
factors have dramatically reduced demand for wood roofing throughout the region and
presumably the country. Thus, the potential for the widespread use of wood on re -roofing
applications is also expected to decline greatly over the long term. Nothing in the
foreseeable future suggests this trend will change. Finally, as the f rst deadline (year 2000)
approaches under the current standard, it is clear that actually tracking which roofs have
what percentage replaced will be a significant added administrative burden with minimal
public benefit. "
Felix Lee, Chief Building Official, thanked the Building Code review task group and staff involved
in the work on these ordinances and stated that, as a result of multijurisdictional discussions and
involvement, for the first time most of Larimer County will enjoy a nearly contemporaneous
enactment of the same basic model building code. He summarized the most significant provisions
for Fort Collins: revised standards in conformity with the Americans with Disabilities Act and the
Fair Housing Act, clarifications on the authority of the Building Review Board, first time standards
for radon reduction systems, reduced building permit fees for new buildings over $10 million, and
simplification of the current Class A fire resistant roofing standards.
Jim Brown, Building Review Board member and Code task force member, stated that this has been
a good effort from architects, contractors and many municipalities to try to coordinate the Code to
make it easier for builders who work indifferent jurisdictions. The Code review was very detailed
and intense.
Councilmember Smith asked if the City will continue to work with the other entities as the Code is
amended periodically to make sure that there continues to be uniformity in the region.
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May 5, 1998
Director of Building and Zoning Felix Lee stated that a regional group has been formed to meet on
an irregular basis to continue to work toward such uniformity. It is also the intent to review the
Building Code in the same way when it is published every three years.
Councilmember Smith asked if the City has considered an additional inspector as part of the fee
issue and asked if there could be a periodic review of fees collected and costs.
Lee stated that more inspectors would be required than would be feasible to inspect roof nailing.
City Manager Fischbach stated that the City is working toward converting all fees in this area to an
annual review.
Councilmember Smith asked about the effectiveness ofthe Model Energy Code and whether Council
will be seeing a review of the effects of the adoption of that Code.
Lee stated that this is part of a grant received from the Office of Energy Conservation.
Councilmember Smith asked if the other entities are using the same Model Energy Code.
Chief Building Official Lee stated that the other entities are not using that Code.
Councilmember Smith asked if the Building Review Board will be limited to making exemptions
only in cases of appeal and asked if there have been situations where there have been alterations to
the Code by the Building Review Board.
Lee stated there have been no such cases.
Councilmember Wannermade amotion, seconded by Councilmember Kneeland, to adopt Ordinance
No. 84, 1998 on First Reading.
Councilmember Bertschy asked about the percentage of compliance with the building permit system.
Lee stated that there is a high rate of compliance with the adopted codes.
Councilmember Smith thanked the staff and Board members who worked on this and expressed
appreciation for this as a regional effort.
Mayor Azari thanked the Building Review Board and staff.
City Manager Fischbach thanked the Building Review Board and Felix Lee for their work on
regional cooperation.
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May 5, 1998
The vote on the motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland,
Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Mason made a motion, seconded by Councilmember Bertschy, to adopt Ordinance
No. 85, 1998 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers
Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 80,1998,
Amending Section 2-73 of the City Code Concerning
Minutes of Meetings for Boards and Commissions, Adopted on First Reading
The following is staff s memorandum on this item.
"Executive Summary
Section 2-73 of the City Code currently requires that minutes of a board or commission meeting be
filed with the City Clerk prior to the next regular meeting of the board or commission. Typically,
this is not possible as the board or commission has not had the opportunity to review and approve
of the minutes until its next regular meeting. The board or commission could, and often does, file
"draft " minutes with the City Clerkprior to its next regular meeting in an effort to comply with this
Code provision. However, the "draft " minutes have not been reviewed by the board or commission
before submittal and occasionally contain errors or inaccuracies which have the potential of
misleading City staff and the public.
The proposed Ordinance would change the filing requirement by providing that the minutes would
need to be filed with the City Clerk upon approval by the board or commission instead ofprior to
the next regular board or commission meeting."
Councilmember Mason asked if language could be added to require that minutes be submitted by
two meetings after to ensure that Council would receive these minutes in a timely manner.
City Manager Fischbach stated that staff will work on this prior to Second Reading of the ordinance.
Councilmember Smith noted that there are several boards that meet every other week, and the two
week deadline is a difficulty.
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May 5, 1998
Councilmember Bertschy noted that the Board should have an opportunity to read and make
corrections to the minutes.
Mayor Azari stated that Council does rely on the information contained in Boards and Commissions
minutes.
Councilmember Wanner made a motion, seconded by Councilmember Mason, to adopt Ordinance
No. 80, 1998 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers
Azari, Bertschy, Byme, Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Scott noted that several changes to the Land Use Code were adopted on the Consent
Calendar and asked for information from staff on how many such changes have been made since it
was adopted last March.
Councilmember Smith made a motion, seconded by Councilmember Wanner, to go into Executive
Session for the purpose of conducting the quarterly performance review of the City Manager. The
vote on the motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland,
Mason, Smith and Wanner. Nays: None.
1—fl •.iDIL[71T�7P►[�7:7:7;71�1�71
Mayor Azari noted that this is not a quarterly performance review of the City Manager, but an
opportunity to discuss matters that will enhance the relationship between the Council and the
Manager.
29
May 5, 1998
Adjournment
The meeting adjourned into executive session at 7:20 p.m. After the meeting reconvened following
the executive session, the meeting was adjourned at 9:15 p.m.
ayor
ATTEST:
Wal
30