HomeMy WebLinkAboutMINUTES-02/18/1997-RegularFebruary 18,1997
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, February 18,
1997, 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: Apt, Azari, Janett, Kneeland and Wanner.
Councilmembers Absent: McCluskey. ("Secretary's Note: Councilmember Smith arrived at the
meeting at approximately 6:15 p.m.)
Staff Members Present: Fischbach, Krajicek, Roy
Citizen Participation
Yolanda Nicely, Trilby Trailer Park Space 40A, asked for Council comment regarding the bus route
that would link Fort Collins and Loveland and how that might affect Trilby Road transportation
from Fort Collins.
Citizen Participation Follow-up
Councilmember Janett stated that the bus route from Loveland to Fort Collins is going to begin on
March 1 and that there will be a celebration run. She asked that the City Manager get more
information to Ms. Nicely.
Agenda Review
City Manager Fischbach noted that item #21 First Reading of Ordinance No. 36, 1997, Designating
the Jonas Finger House and Barn, 211 West Mulberry Street, Fort Collins, Colorado, as a Historic
Landmark Pursuant to Chapter 14 of the City Code and item #23 First Reading of Ordinance No.
39, 1997, Designating the Thomas Nicholas House, 922 West Oak Street, Fort Collins, Colorado,
as a Historic Landmark Pursuant to Chapter 14 of the City Code have been withdrawn from the
agenda; that item #27 First Reading of Ordinance No. 43, 1997, Authorizing the Return of the City
Park World War 1 Cannon to the American Legion, George Beach Post No. 4 is being deferred to
the March 4 meeting; and that item #37 Consideration of the Appeal of the October 9, 1996,
Determinations of the Current Planning Director Regarding the Conditions of Ordinance No. 143,
1995 Pertaining to the Dry Creek Mobile Home Park has been removed from the agenda because
the appeal has been withdrawn.
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February 18, 1997
CONSENT CALENDAR
7. Consideration and approval of the regular meeting minutes of December 17, 1996, January
7, January 21, 1997 and the adjourned meeting minutes of January 14, 1997.
8. Second Reading of Ordinance No. 4, 1997, Authorizing the City to Grant Non -Exclusive
Utility and Drainage Easements and a Temporary Construction Easement to Land Source
LLC at the Collindale Golf Course.
The Greens at Collindale, PUD is a proposed 33 unit housing development located on 6.42
acres of land adjacent to the 7th fairway and 8th tee boxes at Collindale Golf Course,
between the course and Lemay Avenue. In 1985, a street project was initiated to extend
Lemay Avenue from Horsetooth Road to the Golden Meadows Subdivision. An eminent
domain action was needed to acquire a strip of needed right-of-way across the property that
is now known as The Greens at Collindale, PUD As part of the court settlement, the City
agreed that the owners or successors of the Greens would be entitled to obtain an easement
to install a sanitary sewer line across the Golf Course property when their property
developed. The proposed sanitary sewer line would run through Collindale Golf Course to
Sherman Court, to be constructed on the southern Golf Course boundary from the southeast
corner of the project property, between the #6 green and the fence line, across a ditch along
the #6 fairway/rough area, to Sherman Court. Ordinance No. 4, 1997, which was
unanimously adopted on First Reading on February 4, 1997, authorizes the City to grant non-
exclusive utility and drainage easements and a temporary construction easement to Land
Source LLC at the Collindale Golf Course.
9. Second Reading of Ordinance No. 21, 1997, Appropriating Prior Year Use Tax Carryover
Reserves and Authorizing the Transfer of Appropriated Amounts for the Pumose of
Providing Street Improvements, Snow Removal and De -Icing of Streets, and Construction
of Sidewalk Improvements.
This Ordinance which was unanimously adopted on First Reading on February 4, 1997,
appropriates $764,000 from prior years reserves in the General Fund, representing revenues
collected by the City in 1995 that were above the growth limits imposed by Article X,
Section 20 of the Colorado Constitution. Voters approved retention of these revenues by the
City at the Special Municipal Election held in conjunction with the Larimer County General
Election on November 5, 1996. The additional funds will be used to provide street
improvements and repairs including reconstruction and overlays on a variety of streets in
1997. De-icing of streets with alternative de-icing products and installing pavement
condition sensors as well as application units. The Streets Department is also continuing the
use of alternate de-icers, which consist of liquid and granular materials. The sensors will
allow the Streets Department to use these products more effectively. Also included is the
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February 18, 1997
construction of approximately 4,500 lineal feet of sidewalk improvements to be constructed
in 1997. This will help fill in significant gaps in the sidewalk system.
10. Second Reading of Ordinance No. 22, 1997, Appropriating Prior Year Reserves
Funds were appropriated in 1996 for specific purposes, but not spent. The unspent funds
were added to fund reserves at the end of 1996. Appropriations were typically not spent
because there was not sufficient time to complete bidding in 1996, and thus there was no
known vendor or binding contract to encumber the funds for expenditure in 1997. This
ordinance which was unanimously adopted on First Reading on February 4, 1997,
reappropriates the 1996 funds for the same uses as were originally approved by Council in
1996.
11. Second Reading of Ordinance No. 23, 1997, Amending Section 29-43 of the Code of the
City of Fort Collins Regarding Comprehensive Rezonings.
Section 29-43(d) of the Code provides that the Planning and Zoning Board shall not consider
any petition for rezoning of land which has been the subject of another rezoning petition
within the previous twelve (12) months unless substantial new evidence is submitted which
would not reasonably have been presented at the previous hearing. Also, Section 29-43
generally contemplates that rezonings will occur either on "petition" or on "application."
The City Plan contemplates neither the filing of a petition nor an application for rezoning
since it is a "City initiated" rezoning of a comprehensive nature. This Ordinance which was
unanimously adopted on First Reading on February 4, 1997, pre-empts any argument that
the City Plan rezoning is improper because it occurred within twelve (12) months of the
prior rezoning. It would also clear up the question of whether a rezoning could occur
without the filing of a petition or an application when it is a "City initiated" rezoning.
12. Second Reading of Ordinance No. 24, 1997, Designatine the Clippinger House, 808 West
Mountain Avenue, as a Local Landmark Pursuant to Chapter 14 of the City Code.
The owner of the property, Neva Lawton, is initiating this request for Local Landmark
designation for the Clippinger House, 808 West Mountain Avenue. The building is
significant for its architectural importance, and is a good example of a modest Queen Anne
residence in Fort Collins. This Ordinance was unanimously adopted on First Reading on
February 4, 1997.
13. Second Reading of Ordinance No. 25, 1997, Designating the Poudre Garage 148 Remington
Street Fort Collins Colorado as a Local Landmark Pursuant to Chapter 14 of the City Code
The owner of the property, Lenz Construction Company, Inc., is initiating this request for
Local Landmark designation for the Poudre Garage, 148 Remington Street. The building is
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February 18, 1997
significant for its architectural importance, being a noteworthy example of the Art Deco style
of architecture in Fort Collins; and is significant for its historical importance in that the
building is a noteworthy product of Civilian Conservation Corps construction in Colorado.
This Ordinance was unanimously adopted on First Reading on February 4, 1997.
14. Second Reading of Ordinance No. 26, 1997, Designating the Emerson H. Kirkpatrick House,
321 East Garfield Street, Fort Collins, Colorado, as a Local Landmark Pursuant to Chapter
14 of the City Code.
The owners of the property, Donald and Vicki Mykles, are initiating this request for Local
Landmark designation for the Emerson H. Kirkpatrick House. The building is significant for
its architectural importance, being a good example of the modified Queen Anne style of
architecture sometimes referred to as the "Plains Cottage." This six room brick and stone
residence was constructed in 1905 by C. L. Golladay for Emerson H. Kirkpatrick. Emerson,
a stone cutter, lived in the house with his father and mother, Jacob and Nancy Kirkpatrick,
through the early 1920's. This Ordinance was unanimously adopted on First Reading on
February 4, 1997.
15. Second Reading of Ordinance No. 27, 1997, Designating the Long Apartment Complex, 220
East Laurel Street, Fort Collins, Colorado, as a Local Landmark Pursuant to Chapter 14 of
the City Code.
The owners of the property, Sonia and Howard Nornes and Eleanor and Richard Anderson,
are initiating this request for Local Landmark designation for the Long Apartment Complex,
220 East Laurel Street. The building is significant for its architectural importance, in that the
apartment complex is among the few large multiple dwelling buildings constructed in Fort
Collins during the period of post World War I growth experienced by the city. This
Ordinance was unanimously adopted on First Reading on February 4, 1997.
16. Second Reading of Ordinance No. 28, 1997, Desi ng atine the Watrous House and Garage,
301 South Loomis, Fort Collins, Colorado, as a Local Landmark Pursuant to Chapter 14 of
the City Code.
The owners of the property, Kenneth Smith and Suzanne Coughlin -Smith, are initiating this
request for Local Landmark designation for the Watrous House and Garage, 301 South
Loomis. The building is significant for its architectural importance, being a good example
of vernacular Queen Anne architecture in Fort Collins; and is significant for its historical
importance due to its association with David E. Watrous, a highly regarded Fort Collins
newspaperman and historian. The garage contributes to the historic and architectural
character of the Property. This Ordinance was unanimously adopted on First Reading on
February 4, 1997.
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February 18, 1997
17. First Reading of Ordinance No. 32, 1997, Amending the Code of the City of Fort Collins.
Section 5-110, Solid Fuel -Burning Appliances.
Ordinance, No. 32, 1997 will amend the Code of the City of Fort Collins, Section 5-110,
Solid fuel burning appliances., to clarify City regulations regarding the installation of wood
cooking stoves in Fort Collins for both commercial and domestic purposes. The proposed
amendment does not change the intent of the current Code provisions, nor does it depart
from current policy.
18. First Reading of Ordinance No. 33, 1997, Appropriating 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. 34, 1997, Appropriating Unanticipated Revenue in the
General Fund for Police Services and Authorizing the Transfer of Appropriated Amounts
Between Accounts and Projects.
For the past nine years, Fort Collins Police Services has applied to the Colorado Division of
Criminal Justice for federal drug grant monies to help fund investigations of illegal narcotics
activities. This year Fort Collins once again joined with the Loveland Police Department,
Larimer County Sheriff's Department and Colorado State University Police Department in
one application for funding for the multi -jurisdictional task force. This year, Colorado State
University Police Department joined the long standing task force.
The total task force budget is $380,009. The federal grant provides $180,602. The four
participating agencies provide matches totaling $199,407 in the form of existing funding.
Fort Collins Police Services' share of the award is $17,000 and the City's portion of the
match is $87,005. This match is met by applying the already budgeted salary and fringe
benefits of an existing police officer and Secretary III, who are assigned to the drug task
force via the Special Investigations Unit (SIU).
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February 18, 1997
20. First Reading of Ordinance No. 35, 1997, Designating the Elizabeth Collins House and
Associated Structures, 924 W. Magnolia Street, Fort Collins. Colorado, as a Historic
Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins.
The owner of the property, Eleanor Pearson, is initiating this request for Local Landmark
designation for the Elizabeth Collins House and Associated Structures, 924 W. Magnolia
Street. These structures are important for their architecture. The house is a good example
of a Bungalow. The garage dates from the period of significance and contributes to the
architectural value of the house. Further, the cladding material of both the house and garage
is a unique blend of stucco mixed with broken glass over wood frame, the only known
examples of the use of this cladding material in Fort Collins. In addition to the house and
garage, an unusual stone fence and pergola, and a fish pond, originally with a waterfall, are
interesting and significant architectural components of this property, and are included in this
request for Local Landmark designation.
21. FirstReadingo Ordinance No. 36,1997, Desifmating the Jonas Finger House and Barn, 211
West Mulberry Street, Fort Collins. Colorado, as a Historic Landmark Pursuant to Chapter
14 of the City Code.
The owner of the property, the B. K. Maxwell Co., is initiating this request for Local
Landmark designation for the Jonas Finger House and Barn, 211 West Mulberry Street. The
house is important for its architecture, being a representative example of a vernacular
masonry residence typical of many constructed in Fort Collins around the turn of the
century. It features a hipped roof with projecting front gable with return; an off -center door
with transom; segmentally arched windows and door; and sandstone sills. The front and
back porches, dating to 1920, were torn off sometime prior to 1986. The unaltered wood
frame barn dates from the period of significance and contributes to the architectural
character of the property.
22. First Reading of Ordinance No. 38, 1997, Desi ng ating the W. E. Mahood House, 832 West
Oak Street, Fort Collins. Colorado, as a Historic Landmark Pursuant To Chapter 14 of the
Code of the City of Fort Collins.
The owners of the property, Steve Davidson and Jill Partner, are initiating this request for
Local Landmark designation for the W. E. Mahood House, 832 West Oak Street. The house
is significant for its architecture, being a representative example of a simple Queen Anne
Cottage in Fort Collins. Built circa 1908, the brick house features a bellcast hipped roof with
intersecting gables, sandstone foundation, sills, and lintels, and a characteristic bay window.
The front porch was added at a later, undetermined date; however, it complements the
architecture of the house.
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February 18, 1997
23. First Reading of Ordinance No. 39, 1997, Desi ng ating the Thomas Nicholas House 922
West Oak Street, Fort Collins, Colorado, as a Historic Landmark Pursuant to Chapter 14 of
the City Code.
The owners of the property, Sally and Richard Kennett, are initiating this request for Local
Landmark designation for the Thomas Nicholas House, 922 West Oak Street. It is important
for its architecture. The house was built around 1906, likely by its first occupant, Thomas
Nicholas, a carpenter. The house is typical of the Classic Cottage style, which is essentially
a one-story version of the American Foursquare. The house features narrow horizontal wood
siding over a wood frame, a hipped roof with central dormer, and a front porch with Doric
column supports. Decorative shingles enhance the dormer's gable end. A bay window is
located on the east elevation. A small window has been modified on the west elevation. On
the east elevation, an oriel kitchen window has recently been added. The recent modification
of the original rear porch has resulted in a modem "study" on a concrete foundation with a
bank of non -original windows, but retains some of the original narrow wood siding. Within
the last ten years, a screened front porch with low balustrade has been removed, creating an
open porch.
24, First Reading of Ordinance No. 40, 1997, Desi ng atin2 the B. H. McCarty House 218
Peterson Street, Fort Collins. Colorado, as a Historic Landmark Pursuant to Chapter 14 of
the Code of the City of Fort Collins.
The owners of the property, Wayne and Ila Carpenter, are initiating this request for Local
Landmark designation for the B. H. McCarty House, 218 Peterson Street. The house is
significant for its architecture, being a representative example of a vernacular masonry
residence, with Queen Anne and Italianate elements. It features an irregular plan, cross -
gabled roof with boxed cornice, decorative shingles, and paired brackets. The house is a
contributing property to the Laurel School National Register Historic District.
25. First Reading of Ordinance No. 41, 1997, Designating the A. W. Scott House, 1611
Mathews Street, Fort Collins Colorado, as a Historic Landmark Pursuant to Chapter 14 of
the Code of the City of Fort Collins.
The owners of the property, David and Rebecca Sheill, are initiating this request for Local
Landmark designation for the A. W. Scott House, 1611 Mathews Street. It is important for
both its architecture and history. Constructed pre-1900, this residence was originally
located at 403 South College, one of four magnificent structures built in the 400 block of
South College. (The others were the Welch/Evans House, the Gage/Stover/Parker House
and the Boyd House.) At this location, it served as one of Fort Collins' most significant and
visible residences.
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February 18, 1997
The house was associated with Alexander Weir Scott, a prominent early citizen of Fort
Collins. In addition to his many other accomplishments, A. W. Scott was founder and
president of the A. W. Scott Drugstore, director of the Poudre Valley Bank, and president
of the Fort Collins Abstract Company. Following Scott's death, the house was owned by
the J.A.C. Kissock family and by Guy Palmes, City Manager from 1939 to 1961. The house
was moved in August 1959, to make way for various commercial establishments. At its
present location the house retains its residential setting. Further, two of the other houses
once located in the 400 block of South College are believed to be those now located next
door at 1609 Mathews and nearby at the corner of Remington and Prospect.
26. First Reading of Ordinance No. 42, 1997, Vacating a Portion of the Right -of -Way for Falcon
Hill Road as Dedicated on the Falcon Ridge PUD Plat.
On December 12, 1994, the Planning and Zoning Board gave final approval to the Falcon
Ridge PUD, located west of Terry Lake Road (State Highway No 1) and south of Country
Club Road. At that time Falcon Hill Road was platted as a cul-de-sac, it was surrounded
with lots backing up to Country Club Road. However, the developer has since submitted a
replat of this area ("Fire Station #12 @ Falcon Ridge") which replats the area providing a
larger lot on which a Fire Station is to be provided and moving the end of the cul-de-sac to
the South. Therefore, the right-of-way for the old cul-de-sac, is no longer necessary and is
proposed for vacation at this time.
27. First Reading of Ordinance No. 43, 1997, Authorizing the Return of the City Park World
War I Cannon to the American Legion, George Beach Post No. 4.
The cannon was given to the City in 1932 by the American Legion, George Beach Post No.
4 to be displayed in memory and honor of World War I veterans. The cannon was
subsequently affixed to a concrete slab at City Park for public viewing. The playground was
expanded in 1982 and the cannon is now in the middle of the playground. City staff has
determined that removal of the cannon will improve the safety of playground users and make
the playground easier to use. Staff has attempted to identify other locations or appropriate
uses for the cannon, but none have been found.
Curt Cameron, 1 st Vice Commander of the American Legion approached the Parks Division,
has requested that the cannon be returned to the American Legion and moved to the local
American Legion Hall to be displayed and shown the proper respect originally intended.
City staff has concluded that this course of action is in the best interest of the City and the
community and will best serve the original intent of the donors of the cannon and will
preserve the City's intent in accepting the cannon in 1932. The American Legion will
become the owner of the cannon, will move the cannon from City Park at no cost or expense
to the City, and will be responsible for any further care, maintenance or use of the cannon.
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February 18, 1997
A public meeting regarding the cannon was held on December 5, 1996, to further discuss and
explore the most appropriate disposition of the cannon. As a result of that meeting, staff
continues to believe that the proposed move of the cannon to the American Legion Post is
the most appropriate course of action.
28. First Reading of Ordinance No 44, 1997 Authorizing the Sale of the Real Property
Described as the Johnson III SID Property to Troutman Office Park Associates, L.L.C.
The City owns a .6735 acre parcel of land known as the Johnson III SID property, located
at the Northeast corner of JFK Parkway and Troutman Parkway ("the Property"). The City
acquired the Property in satisfaction of the City's lien for SID assessments for the Heart
Special Improvement District No. 84 ("the Heart SID").
Troutman Office Park Associates owns land across the street from the Property. They have
approached the City and offered to purchase the Property for $1,000. Troutman Office Park
Associates intends to use the Property for a parking lot.
29. Resolution 97-21 Authorizing the Utility General Manager to Enter Into a Contract with
Platte River Power Authority for the Purchase of Wind Generated Electricity -
The Electric Board, Platte River Power Authority staff, and Fort Collins Electric Utility staff
have worked together to develop a wind energy option for the citizens of Fort Collins. The
first phase of this offer is a pilot program whereby the Electric Utility has offered its
customers the option to contract for wind energy at a two cent per kilowatt-hour premium
for three years. For the average residential customer this is a $10 per month adder to their
$30 electric bill. As of January 22, 1997 approximately 640 customers have contracted for
wind power.
30. Resolution 97-22 Authorizing the Acquisition by Eminent Domain Proceedings of Certain
Lands for Harmony Transmission Main - Phase IV Project.
The construction of the Harmony Transmission Main - Phase IV is scheduled to start in late
March. The schedule for this construction is driven by the necessity of crossing irrigation
ditches before water starts to flow in the spring. This project requires easements from four
property owners. Staff has been negotiating with affected property owners. Negotiations
for one parcel have come to a standstill and staff recommends commencing the eminent
domain process to obtain this easement. The property owner is aware the City must take this
course of action to insure that the project starts on schedule.
31. Resolution 97-32 Authorizing the Mayor to Enter into an Intergovernmental Agreement with
the Colorado State University Department of Environmental Health to Continue the Fish and
Benthic Biosurveys in 1997.
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February 18, 1997
The Resolution authorizes the Mayor to enter into a contract with CSU to conduct fish and
benthic biosurveys in the Poudre River during 1997. The biosurveys are necessary to
monitor any impact of wastewater discharges on aquatic life in the river.
32. Resolution 97-24 Making an Appointment to the Multicultural Commission.
A vacancy currently exists on the Multicultural Commission due to the resignation of one
of the City's representatives, Holly Sample. As a method for selecting the City's
representatives on the Commission, the City's Affordable Housing Board, Commission on
Disability, Commission on the Status of Women, Community Development Block Grant
Commission, Cultural Resources, Board, Human Relations Commission and Senior
Advisory Board were each asked to nominate one of its members for consideration as a
representative. Three nominations were received and Mayor Azari and Councilmember
Kneeland interviewed the candidates for the Commission and are recommending David
Gordon be appointed to fill the vacancy.
33. Postponement of the Appeal of the Final of the Landmark Preservation Commission in
Regard to Painting the Clerestory Windows on the Woolworth/Welch Building, 100 West
Mountain Avenue, by PLF Fort Collins LLC. (Saltillo Grill).
Staff has received a request from the appellant that Council consider postponing this appeal
to March 4 to allow the Landmark Preservation Commission an opportunity to review this
issue at its February 25 meeting.
Ordinances on Second Reading were read by title by City Clerk Krajicek.
Second Reading of Ordinance No. 4, 1997, Authorizing the City to Grant Non -Exclusive
Utility and Drainage Easements and a TemporaU Construction Easement to Land Source
LLC at the Collindale Golf Course.
9. Second Reading of Ordinance No. 21, 1997, Appropriating Prior Year Use Tax Carr
Reserves and Authorizing the Transfer of Appropriated Amounts for the Purpose of
Providing Street Improvements, Snow Removal and De -Icing of Streets, and Construction
of Sidewalk Improvements.
10. Second Reading of Ordinance No. 22, 1997, Appropriating Prior Year Reserves.
11. Second Reading of Ordinance No. 23, 1997, Amending Section 29-43 of the Code of the
City of Fort Collins Regarding,Comprehensive Rezonings.
12. Second Reading of Ordinance No. 24, 1997, Designating the Clippinger House, 808 West
Mountain Avenue, as a Local Landmark Pursuant to Chapter 14 of the City Code.
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February 18, 1997
13. Second Reading of Ordinance No. 25, 1997, Desi ng ating the Poudre Garage 148 Remington
Street, Fort Collins. Colorado, as a Local Landmark Pursuant to Chapter 14 of the City Code
14. Second Reading of Ordinance No.26, 1997 Designating the Emerson H Kirkpatrick House
321 East Garfield Street, Fort Collins. Colorado, as a Local Landmark Pursuant to Chapter
14 of the City Code.
15. Second Reading of Ordinance No 27,1997 DesignatingtheLongApartmentComplex 220
East Laurel Street, Fort Collins. Colorado, as a Local Landmark Pursuant to Chapter 14 of
the City Code.
16. Second Reading of Ordinance No. 28, 1997, Desi mating the Watrous House and Garage
301 South Loomis, Fort Collins. Colorado as a Local Landmark Pursuant to Chapter 14 of
the City Code.
39. Second Reading of Ordinance No. 7, 1997, Amending and Adding Section to Article V of
Chapter 12 of the Code of the City of Fort Collins Pertaining to the Sale of Tobacco
Products and the Use of Tobacco Products to Minors.
Ordinances on First Reading were read by title by City Clerk Krajicek.
17. First Reading of Ordinance No. 32, 1997, Amending the Code of the City of Fort Collins
Section 5-110, Solid Fuel -Burning Appliances
18. First Reading of Ordinance No. 33, 1997, Appropriating Reserves in the General Fund for
Police Seizure Activity.
19. First Reading of Ordinance No 34 1997 Appropriating Unanticipated Revenue in the
General Fund for Police Services and Authorizing the Transfer of Appropriated Amounts
Between Accounts and Projects.
20. First Reading of Ordinance No. 35, 1997, Designating the Elizabeth Collins House and
Associated Structures, 924 W. Magnolia Street, Fort Collins. Colorado as a Historic
Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins.
22. First Reading of Ordinance No. 38, 1997, Desi ng ating the W. E. Mahood House 832 West
Oak Street, Fort Collins, Colorado, as a Historic Landmark Pursuant To Chapter 14 of the
Code of the City of Fort Collins.
24. First Reading of Ordinance No 40, 1997, Desi ng ating the B. H. McCarty House 218
Peterson Street, Fort Collins. Colorado, as a Historic Landmark Pursuant to Chapter 14 of
the Code of the City of Fort Collins
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February 18, 1997
25. First Readina of Ordinance No. 41, 1997, Desi nating the A. W. Scott House, 1611
Mathews Street, Fort Collins. Colorado, as a Historic Landmark Pursuant to Chapter 14 of
the Code of the City of Fort Collins.
26. First Reading of OrdinanceNo.42.1997.Vacating aPortion ofthe Right -of -Way for Falcon
Hill Road as Dedicated on the Falcon Ridge PUD Plat.
28. First Reading of Ordinance No. 44, 1997, Authorizing the Sale of the Real Property
Described as the Johnson III SID Property to Troutman Office Park Associates, L.L.C.
40. First Reading of Ordinance No. 45, 1997, Amending Chapter 12 of the City Code Relating
to Radon Risk, Testing, and Miti atg ion by the Sellers of Real Property (Options A & B).
A. First Reading of Ordinance No. 45, 1997, Amending Chapter 12 of the Code of the
City by the Addition of Provisions Requiring the Dissemination of Information
Regarding Radon Risk, Testing, and Mitigation by the Sellers of Residential Real
Property. (Option A)
B. First Reading of Ordinance No. 45, 1997, Amending Chapter 12 of the Code of the
City by the Addition of Provisions Requiring the Dissemination Information
Regarding Radon Risk, Testing, and Mitigation by the Sellers of Real Property and
the Conducting of a Radon Test in All Residential Housing Sales Transactions.
(Option B)
Councilmember Kneeland made a motion, seconded by Councilmember Apt, to adopt and approve
all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas:
Councilmembers Apt, Azari, Janett, Kneeland and Wanner. Nays: None.
THE MOTION CARRIED
("Secretary's Note: Councilmember Smith arrived at the meeting at this point.)
Staff Reports
City Manager Fischbach stated that there would be a report on the Eastside/Westside update. Bob
Blanchard, Director of Current Planning, presented a one-year update regarding the
Eastside/Westside Design Standards and Guidelines. He reviewed the materials that were submitted
to the Council and stated that the enacting ordinance required that staff prepare an evaluation of the
effectiveness of the ordinance and regulatory standards as well as the guidelines that were adopted
pursuant to that ordinance. He reported that from March through December of 1996 there were 52
building permits applied for in the Eastside and Westside neighborhoods, including internal
remodels not subject to any of the adopted regulations, patio covers, additions to structures and
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February 18, 1997
homes, and brand new alley houses. He stated that 10 of the permits did not require the application
of any of the standards and guidelines, that the Zoning Board of Appeals granted two variances for
side yard setbacks, and that the remaining projects were either submitted in total compliance or
revisions were made to bring them into compliance with the standards. He presented an analysis
of six projects selected at random and noted that there have been two areas of implementation
problems. He stated that with the exception of these two areas that it is staff's opinion that the
implementation of the standards and guidelines has been successful. Peter Barnes, Zoning
Administrator, explained the reasons for two proposed changes to the I 1 standards included in the
zoning code relating to the definition of the total floor area and the roof pitch requirements.
Councilmember Janett asked about the issues related to the floor area ratio in connection to
construction of second floor areas for living quarters. Barnes spoke regarding floor area calculation.
Councilmember Wanner spoke regarding the previous discussions on issues relating to bulk and
scale, and suggested a clarification that the second floor square footage would count provided the
ceiling height is eight feet or greater. The consensus of Council was in favor of this suggestion.
Mayor Azari thanked staff for their work on this matter.
Councilmember Reports
City Manager Fischbach noted that the Growth Management Committee meeting was a continuation
of previous discussion.
Mayor Azari reported that the Legislative Review Committee discussed what is going on in the
legislature about camera radar and opportunities for private landowner's liability in public
recreation.
Councilmember Smith reported on the North Front Range Regional Transportation Air Quality
Planning Council discussions regarding the possibility of a passenger rail study and participation
of other groups in the study.
Councilmember Apt reported on discussions relating to the costs for light rail and commented
regarding item #29 Resolution 97-21 Authorizing the Utility General Manager to Enter Into a
Contract with Platte River Power A uthorityfor the Purchase of Wind Generated Electricity and the
importance of renewable energy.
Page 13 of 38
February 18, 1997
Resolution 97-25
Adopting the Community Vision and Goals 2015, City Structure Plan,
and City Plan Principles and Policies as Elements of the Comprehensive
Plan of the City. Adopted.
The following is staff's memorandum on this item.
"Executive Summary
The City Council is being asked to adopt Community Vision and Goals 2015, City Structure Plan
and City Plan Principles and Policies as elements of the City's comprehensive plan. Each of these
documents has been previously adopted by City Council with the understanding they would be
"polished" and returned to City Council for adoption as a package. Since last November, staff has
been receiving comments and suggestions from the City Council, Planning and Zoning Board, City
Plan Advisory Committee (CPAC), City staff, and the public regarding the final package of City
Plan documents. Certain changes have been made to the documents. The "polishing" has been
done and the documents are now ready for final adoption.
BACKGROUND:
The City Council is being asked to adopt three foundational elements of the City's comprehensive
Plan known as City Plan. These elements include:
Community Vision and Goals 2015
City Structure Plan
City Plan Principles and Policies
Each of these documents has been previously adopted by City Council with the understanding they
would be "polished" and returned to City Council for final adoption as a package. Since last
November, staff has been receiving comments and suggestions from the City Council, Planning and
Zoning Board, City Plan Advisory Committee (CPAC), City staff, and the public regarding the final
package of documents. The documents have been "polished" and are now ready forfinal adoption.
Attached is a memo which summarizes the changes that have been made to these documents. The
specific changes to the written documents are indicated in strikeouts (fordeletions) and shading (for
additions). The following is a summary of the three documents:
♦ Community Vision and Goals 2015 establishes core community values, an overall vision,
and broad planning goals for the next 20 years --to the year 2015. It is important as it has
served as the foundation for the other documents. Upon adoption, it will replace the current
Goals and Objectives document which was prepared nearly 20 years ago.
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February 18, 1997
Community Vision and Goals 2015 is the product and opinions and suggestions from
thousands of citizens, either directly involved in its preparation or as part of the planning
process that led to the adoption of the many plans and studies upon which this document is
based. From this work, a set of core community values has emerged --along with a general
vision and goals tied to the values. The Vision is:
"to make change work for Fort Collins while protecting the best of what we have
and recognizing who and what Fort Collins will become by preserving a sense of
community identity and pride. Fort Collins will confront and mitigate the
influences of the car on our lives. Fort Collins will share in the region's
responsibilities."
The vision is based on four community values: Sustainability, Fulfillment, Fairness and
Choices. These values establish the connecting themes for City Plan. The goal statements
are the "meat" of the document. They describe the "end" toward which future effort is
directed. The goals are organized into eight categories -- Land Use, Transportation,
Housing, Community Appearance and Design, Economy, Open Lands, Environment, and
Growth Management. While the goals focus mostly on our physical surroundings, they
contain implications that affect environmental, economic and social concerns.
♦ City Structure Plan sets forth a basicframework, showing how Fort Collins should grow and
evolve over the next 20 years. It serves as a blueprint toward the desired future described
in Community Vision and Goals 2015.
The City Structure Plan shows, in a simplified diagram, what the community, will look and
be like in the future if City Plan is successful. The City Structure Plan illustrates four basic
kinds of places that make up our city which serve as the primary building blocks --
neighborhoods, districts, corridors and edges. They are not intended to be thought of as
single use "zones, " as in the sense of traditional zoning districts, but rather as distinct and
diverse places that contain a mix of uses. Parts of the City Structure Plan already exist in
many different plans and are simply being brought together and organized (for example, the
North College and Harmony corridor plans). Other parts of the City Structure Plan are
new.
The City Structure Plan is a statement of policy in mapped form and an expression of what
the community wants. By itself, the City Structure Plan map is not intended to be used to
approve or deny particular land use proposals. However, the map will be carefully linked
to the next step in the process, preparing a new Land Use Code.
♦ City Plan Principles and Policies answer the questions, "How do we do it?" and "What will
it look like?" It builds upon the previous documents to describe the fundamental principles
and basic policy choices necessary to build the future Fort Collins. By definition, a
Page 15 of 38
February 18, 1997
"principle" is a "general or fundamental rule, doctrine or assumption. " A "policy " is
defined as a "definite course or method of action selected to guide and determine present
and future decisions. " Thus, City Plan Principles and Policies provide a direction and a
way to make that direction happen. When adopted, the document will replace the Land Use
Policies Plan (1979).
The City Plan Principles and Policies build upon the City Structure Plan. There are specific
principles and policies related to each of the four basic kinds of places described in the City
Structure Plan. Other principles and policies build directly upon the eight categories in the
Community Vision and Goals 2015 document and are "citywide" in scale. Many of the
principles and policies are new. Others have been extracted from previously adopted
elements of the comprehensive plan pulling together a lot of successful, past efforts.
City Plan is about doing things differently and better: City Plan Principles and Policies is
where the "rubber meets the road. " It is intended as precursor to the implementation of
City Plan. Specifically, many of the policies will be used by the City in preparing the
proposed Land Use Code. Other actions described will be implemented, over time, through
existing and future programs and activities of many city departments, outside agencies, and
private individuals. However, the document does not establish a specific legal duty to
perform a particular act, accept a particular approach/proposal, or undertake a program
or project.
Also attached, is an "action" plan providing a listing of implementation items that are
recommended in the City Plan Principles and Policies. It focuses on the most important
implementation actions that need further work in the future if City Plan is to be successful. The
Action Plan should not be adopted. Rather, it is a guide for future decisions by City Council and
City staff in setting work program priorities.
Public Participation Process
The process of developing City Plan has involved an extensive public participation process which
has attempted to identify all potentially affected interests and work with them using a number of
different techniques designed to inform as well as solicit ideas, including:
• Forming a City Plan Advisory Committee, a 21-member citizen's committee who has
provided advice and guidance in developing City Plan
• Numerous meetings, interviews and phone calls with members of City Council,
Planning and Zoning Board and the general public
• Conducting the Visual Preference Survey
• Presenting to various City boards and commissions, Council Growth Management
Committee, Larimer County Commissioners, Poudre and Thompson School District
Page 16 of 38
February 18, 1997
staff, Lorimer CountyPlanning Commission, civic/social clubs, and special interest
groups
• Displaying information at many locations such as the Foothills Fashion Mall, New
West Fest, public library, Senior Center, and EPIC
• Conducting public workshops and open houses including making taped replays of
all public workshops available on Cable TV or for loan at the public library
• Meeting in Study Session(s) with members of City Council and Planning and Zoning
Board
• Holding public hearings (City Council and Planning and Zoning Board)
• Publishing and disseminating information in the City Plan newsletter, Cityline and
Internet, and making all written materials available for review at various locations
throughout the city
• Publishing two special newspaper inserts
• Press Coverage and paid advertisements on Cable TV, in the newspaper(s) and on
radio
• Sending letters to our mailing list of more than sixteen hundred names, keeping these
interested citizens informed of the progress of City Plan and inviting them to
participate at every step of developing City Plan
Planning and Zoning Board Recommendation
On February 10, 1997, the Planning and Zoning Board voted 7-0 to recommend adoption of the
three documents as elements of the City's comprehensive Plan.
NOTE: The Community Vision and Goals 2015, City Structure Plan, and City Plan
Principles and Policies documents were hand delivered on Friday, January 31.
Please bring these documents to the February 18 meeting."
City Manager Fischbach introduced the agenda item
Joe Frank, Director of Advance Planning, presented background information regarding the agenda
item. He stated that Council is being asked to readopt in final form the three foundational elements
of the City's Comprehensive Plan known as City Plan. He explained that the Community Vision and
Goals 2015 establishes the core community values, overall vision and broad planning goals for the
next 20 years. He stated that this document is the foundation for other documents in City Plan. He
explained that the City Structure Plan is a map and basic framework showing how Fort Collins
should grow and evolve over the next 20 years and serves as a blueprint toward which the desired
future described in the Community Vision and Goals 2015 will be pursued. He stated that the third
document is the City Plan Principles and Policies, which answers the questions "how do we do it,
and what will it look like." He stated that this document builds upon the other two documents to
describe the fundamental principles and basic policy choices necessary to build the future of Fort
Collins. He stated that each of these documents has been previously adopted by Council with the
Page 17 of 38
February 18, 1997
understanding that they would be polished and returned to Council for final adoption as a package.
He noted that the staff has received comments and suggestions from the Council, the Planning and
Zoning Board, the City Plan Advisory Committee, City staff and the general public. He stated that
the Council has received a Resolution that identifies additional changes to the documents. He stated
that the Advisory Committee has spent many hours on the documents and that the Planning and
Zoning Board has unanimously recommended the adoption of these documents.
Councilmember Janett asked about changes in terminology relating to the stage 2 urban growth area.
Frank stated that the concept of an "urban reserve area" was discussed at the early stages of the
Structure Plan. He stated that three types of growth areas have been identified in the Principles and
Policies: (1) the stage 1 urban growth area, where growth is anticipated for the next 20-25 years; (2)
the stage 2 area, where growth would occur beyond 20 years and where the City would begin to
work with the County to preserve opportunities for growth; (3) the cooperative planning area around
the City, where the City would like to have a more formal voice in what occurs.
Councilmember Janett asked if the practical effect of the stage 2 cooperative planning area would
be to require an intergovernmental agreement with the County. Frank stated that an
intergovernmental agreement would be required.
Councilmember Janett asked if the community influence areas would also entail agreements. Frank
stated that agreements would be required and that changes would be made to the existing urban
growth area agreement.
Councilmember Janett asked if there would be any difficulties in obtaining these agreements with
the County. Frank stated that the City has worked with the County on these issues and that the
County is interested in cooperating to establish the agreements and in applying City concepts in the
rest of the County.
Councilmember Janett asked if the County would include these same boundaries in their Plus
System. Frank stated that none of the boundaries except the current UGA boundaries have as yet
been defined.
Councilmember Kneeland asked for clarification that the former urban growth area is the
community growth management area. Frank replied in the affirmative.
Councilmember Kneeland asked for clarification that the second stage is a new urban growth area
for 25 years and beyond and that the third stage is a stage that may never be an urban growth area
but could effect the City. Frank replied in the affirmative.
Councilmember Smith asked about the location of enhanced travel corridors to counteract
decreasing automobile levels of service and the impact on the interpretation of acceptable levels of
service. Susanne Edminster, Transportation Planning and Parking Manager, stated that the City is
Page 18 of 38
February 18, 1997
acknowledging that in certain high activity areas that in order to enhance the alternative mode there
will be a decrease in level of service for automobile traffic. She stated that it may not possible to
have Service Level D while meeting goals regarding air quality and enhancement of alternative
transportation. She stated that the same thing could happen in the case of constrained facilities and
streets.
Councilmember Janett made a motion, seconded by Councilmember Smith, to adopt Resolution 97-
25.
Yolanda Nicely, 517 East Trilby Road Space 40A, expressed concerns about the economic impacts
of the plan on jobs, affordable housing and enterprise zone designation.
Betty Maloney, representing the Affordable Housing Task Force of Latimer County, stated that
there are several positive parts of the plan relating to affordable housing, including greater density,
processes that will contribute to greater predictability, alley house provisions, and an emphasis on
a variety of housing. She stated that some parts of the plan, such as street downsizing, will not
provide as much benefit to affordable housing as originally believed. She spoke regarding future
needs for affordable housing.
Lou Stitzel, 521 East Laurel Street, spoke in support of City Plan and noted that the Plan includes
provisions for upgrading and evaluating.
Margaret Phillips, resident of the northeast Urban Growth Area, expressed concerns regarding
growth and stage 2 development and stated that there may be a need to develop a transition zone
now. She suggested allowing the City residents to decide whether the urban growth area boundary
should be changed.
Councilmember Kneeland asked about policy regarding accessory housing units in the Principles
and Policies document and suggested changing the word affordable to additional on page 29 in the
sentence: "The City will recognize accessory housing units as a viable form of affordable (substitute
additional) housing." She stated that accessory housing units could be used for other purposes.
Councilmember Wanner suggested the wording "... of additional and possibly affordable housing."
The consensus was in favor of this wording.
Mayor Azari suggested that these types of changes be considered to be friendly amendments.
Councilmember Kneeland asked about Policy HSG1.3 and how guidelines would be determined.
Frank stated that there will be Land Use Code revisions to fully implement the policies. He stated
that these are advisory documents and guidelines.
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February 18, 1997
Councilmember Kneeland asked about the impact of the new policies and regulations on affordable
housing (page 30) and asked when the implementation will be spelled out. Frank stated that this is
almost identical to the existing affordable housing policy and that codes and regulations will be
developed.
Councilmember Kneeland asked about home occupations (Policy AN4.5), noting that she has
received complaints about home occupations and that this is a broad policy rather than specifics
about home occupations will be guided. Frank stated that this issue would be addressed in Land Use
Code changes.
Councilmember Smith noted that single event activities will be controlled differently than home
occupations.
Mayor Azari inquired if the maker and seconder of the original motion would accept as a friendly
amendment the changed wording on page 29 of the Principles and Policies document ` ... of
additional and possibly affordable housing." The maker and seconder accepted this change as a
friendly amendment.
Councilmember Kneeland offered a friendly amendment to the Policy T1.4 (page 8) regarding
adequate facilities to read: "The City will ensure the provision of adequate facilities for the
movement of goods, people and information (emphasis added to show added language) while
maintaining the integrity ...."
Councilmember Smith expressed a concern that the language would read "... will ensure the
provision ..." and that it is not clear that the City can be the provider.
Councilmember Kneeland stated that this document paints a picture of what we want the City to be
and does not necessarily commit resources to do all of the things set out. She stated that this points
out that the same old resources will not meet the needs that we have.
Councilmember Smith asked if other sections incorporate the vision regarding telecommunications
without requiring it as an adequate facility. Frank stated that this issue is addressed throughout the
document.
Councilmember Kneeland asked about Policy EXN1.4 (page 79). She expressed a concern
regarding the impact of infill development and redevelopment and asked if existing neighborhoods
will stay the way they are unless the infill development is 20 acres or more. She asked for examples
of infill developments of this acreage. Frank stated that change could take place through infill on
vacant properties or as a result of a neighborhood plan.
Councilmember Janett noted that the Structure Plan is being adopted and that the rezonings will be
considered in several weeks. She asked if the Structure Plan will have to be changed if any of the
Page 20 of 38
February 18, 1997
rezonings change from what is proposed. Frank stated that the Structure Plan is a blueprint that does
not have the details of the zoning ordinances and that the Structure Plan would have to be changed
only if there is a significant change to the zonings.
Councilmember Janett asked where existing mobile home parks would be allowed in the future.
Frank stated that mobile homes would be allowed on the Structure Plan in the areas of low density
mixed used residential.
Councilmember Janett asked who would determine if an old mobile home can be moved to a new
mobile home park. Frank stated that this is generally determined by the developer and is not a City
requirement. Greg Byrne, CPES Director, stated that there are City Code requirements for mobile
home standards and that the Building Official has the ability to waive those requirements upon
inspection.
Councilmember Janett offered a friendly amendment to Policy HSG1.2 (page 29 of the housing
section of the Principles and Policies) to add the concept of a housing/jobs balance to provide that
when 40% of the population is in service and retail sector jobs that it be a goal of the City to
encourage public and private sectors to take actions to meet the housing needs of the labor force.
Byrne stated that wording has been added on page 26 in the section on the economy that may
address this point.
Councilmember Smith noted language relating to telecommunications on page 27 and asked if this
would address Councilmember Kneeland's concerns regarding the telecommunications policy.
Councilmember Janett stated that she would like to see language that relates to the proportion of
incomes to the housing mix.
Councilmember Kneeland stated that policies in some communities may drive wage earners out of
the community and spoke regarding the importance of awareness about this issue in discussions of
creation of a sustainable community.
Councilmember Kneeland offered a friendly amendment on page 9 of the Vision document relating
to the language that states that "Fort Collins will confront and mitigate the influences of the car on
our lives." She suggested changing this language to read: "Fort Collins will confront and mitigate
the dependence of the car on our lives."
Councilmember Smith suggested language to include "influences and dependence."
The maker and seconder of the original motion accepted this as a friendly amendment.
Councilmember Janett asked about the addition of language relating to the Poudre River and the
floodplain. Frank stated that this language is included on page 143.
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February 18, 1997
Councilmember Apt asked about the policy on page 34 relating to air toxics coordination and the
disclosure of toxics when industry locates next to neighborhoods. Byrne stated that new language
will be included in the draft Code changes that will be reviewed in March.
Councilmember Kneeland asked about phasing of development (page 55) and the determination of
whether the development can be adequately served by critical public facilities and services. Byrne
stated that the development can obtain these facilities and services by being adjacent to existing
facilities and services and extending the facilities and services to the development; or the developer
can pay a capital investment fee to the City to be used to provide the facility or service.
("Secretary's Note: Council took a recess at this point to provide staff with an opportunity to
address the questions that had been asked.)
Mayor Azari reflected on the hard work that has gone into these documents and asked for the staff
suggestions in response to questions that have been asked. Frank suggested the following changes:
to revise page 9 of the Vision document to read "Fort Collins will confront and mitigate the negative
impacts of the car on our lives."
The maker and seconder of the original motion accepted this language as a friendly amendment.
Frank suggested the following language on page 26 relating to the jobs/housing balance: "The City
will strive to ensure that proportionality exists between housing demand created by job growth and
residential development capacity."
Councilmember Janett stated that this language does not capture the concept of encouraging housing
proportionate to the wages of the labor force.
Edminster suggested on page 8 of the Principles and Policies the addition of a new principle entitled
Policy T.1.7 Transportation of Information to read: "The City will encourage the development and
sharing of infrastructure to facilitate the movement of information throughout the City."
The motion maker and seconder of the original motion accepted this language as a friendly
amendment.
Byrne asked for additional guidance regarding the issue of proportionality of jobs and housing.
Councilmember Janett stated that the intent is to avoid the situation where the labor force can not
afford to live in the community and to encourage the housing stock to match proportionately the
wages of the labor force. Byrne suggested the following language: "The City will strive to maintain
proportionality between the wages and household incomes in the City and residential development
capacity and housing stock."
Page 22 of 38
February 18, 1997
Councilmember Janett suggested the inclusion of this concept in the housing policy and the
following language: "The City will encourage public and private for profit and nonprofit sectors to
take action to develop and maintain an adequate supply of single and multiple family housing,
including mobile homes and manufactured housing, that is proportionately balanced to the wages
of our labor force." The consensus of the Council was to include this language.
Councilmember Apt commended those who have worked on this matter and stated that City Plan
is a vision for the future and will provide a more predictable land use system, protect older
neighborhoods from higher density because it sets maximum densities, encourage newer
development to be a mix of lower and higher density, allow the market to be creative, promote new
urbanism and Old Town type development, and encourage affordable housing. He stated that it is
innovative, reasonable and doable, and carefully plans rather than limits growth.
Councilmember Smith thanked the citizens who participated in the process, the members of CPAC
and staff. He spoke regarding an article he recently read regarding the goals of achieving a
jobs/housing balance, integrating socioeconomic classes, reducing the need for expansion of
transportation capacity, enhancing redevelopment, minimizing environmental pollution, preventing
costly or conflicting land use patterns, and minimizing public facilities costs. He stated that one
goal of the vision is to be more effective and efficient with the monies that the City will have in the
future to operate, that urban sprawl is expensive, and that compact land use is more effective and
efficient.
Councilmember Janett noted some citizen concerns about the economic impacts of the plan and
stated that the plan is designed to continue the healthy economic climate to ensure that there will be
jobs and housing. She stated that the current City limits are approximately 45 square miles for
100,000 people, that the Urban Growth Area is about 75 square miles, that the population between
1950 and 1990 increases seven times and the land area increased 15 times. She stated that one goal
is to use land productively and continue to have a nice environment. She stated that the density
requirement of five units per acre is to encourage and cause developers to mix types of housing to
achieve an average density of five units per acre, to allow a reduction in the land area needed for
those housing units and to increase affordability. She stated that the plan includes smaller lot sizes,
which will broaden the range of housing. She stated that jobs come to communities where there are
good schools, clean air and water, sufficient housing, and a pleasant place to live. She stated that
the next major planning effort will be to continue discussions with other northern Colorado
municipalities regarding regional boundaries. She spoke regarding the common goal of managing
and planning for growth.
Councilmember Kneeland spoke regarding the compact urban form and other socioeconomic factors
that determine reductions in vehicle miles and stated that focusing on density is not the only answer.
She noted that other issues remain. She stated that the dominance in the plan of the theme of using
buses is somewhat troublesome because there are fine communities with good transit where the
streets are still crowded. She stated that there is a need to look at using the available technology to
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February 18, 1997
help find solutions and provide choices. She stated that this is a dynamic plan and that much still
needs to be defined. She spoke regarding the energy behind the effort to make this a livable and safe
City that has a unique identity. She spoke regarding the hard work that went into the plan.
Councilmember Wanner thanked the volunteers and staff who worked on this project.
Mayor Azari stated that repair work should have been done on the LDGS earlier and noted that
many of the good elements of the LDGS have been retained. She stated that there have been over
200 events in the work on City Plan and that the work product far exceeded her expectations. She
stated that this is a good example of people with differing values working together to make things
better. She thanked City Manager Fischbach and CPES Director Byrne for their contribution to
making this happen.
The vote on the motion as amended was as follows: Yeas: Councilmembers Apt, Azari, Janett,
Kneeland, Smith and Wanner. Nays: None.
THE MOTION CARRIED
Ordinance No. 7,1997
Amending and Adding Section to Article V of Chapter 12
of the Code of the City of Fort Collins Pertaining to the Sale of Tobacco
Products and the Use of Tobacco Products to Minors. Adopted on Second Reading.
The following is staffs memorandum on this item.
"Executive Summary
At City Council's January 21, 1997 meeting, it adopted on First Reading Ordinance No. 7, 1997.
However, in adopting this Ordinance, the Council directed staffand the Council's Health and Safety
Committee to consider several issues related to this Ordinance and the possibility of adding
amendments to the Ordinance that would be considered on second reading. The amendments to be
considered would:
(1) allow retailers a six (6) month period from the effective date of the Ordinance to
eliminate the use of self-service displays of tobacco products;
(2) establish a minimum fine for those who violate the Ordinance by selling or giving
tobacco products to minors;
(3) require retailers to post a warning sign at point of sale advising the public that it is
illegal for minors to purchase, possess or use tobacco products and that it is illegal
for any person to sell or give tobacco products to a minor;
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February 18, 1997
(4) allow penalties to be imposed upon the owners and managers of the retail businesses
when their employees repeatedly violate the Ordinance by selling tobacco products
to minors;
(5) prohibit smoking outside certain public buildings that serve minors; and
(6) add alternative language submitted by the retailers that would expressly allow the
use of certain kinds of display cases for tobacco products.
Several of these issues are addressed in the Ordinance on Second Reading. These include an
amendment to Section 12-97 (e) to change the effective date of the Ordinance with respect to
prohibiting self-service displays of tobacco products from June 1, 1997, to September 1, 1997. With
respect to requiring a warning sign, paragraph (/) has been added to Section 12-97 to require
retailers to post such a sign and is designated as "Option A" in the Ordinance. To address the issue
of a minimum fine, Section 12-99 (b) has been amended to require that a fine of at least $100 be
imposed for the violation of selling or giving tobacco products to a minor and is designated as
"Option B" in the Ordinance. Finally, paragraphs (d) and (e) have been added to Section 12-99
of the Ordinance, designated as "Option C", to address the issue of imposing penalties upon
retailers whose employees repeatedly sell tobacco products to minors.
No provision has been added to the Ordinance to prohibit smoking outside public buildings that
serve minors. The Health and Safety Committee recommended that such a provision should not be
considered as part of this Ordinance at this time. The Committee believes that the ramifications of
such a provision need further study. Finally, as to the language submitted by the retailers
concerning display cases of tobacco products, it was determined that no change to the Ordinance
is necessary because the existing language in Section 12-97(e) already satisfies the concerns of the
retailers and allows them to use the kind of display cases they are proposing.
BACKGROUND:
SIX-MONTH GRACE PERIOD FOR REMOVING SELF-SERVICE DISPLAYS OF TOBACCO PRODUCTS.
Section 12-97(e) has been amended to provide that the provision prohibiting the use of self-service
displays of tobacco products will not go into effect until September 1, 1996, which will be six months
from the effective date of the Ordinance if it is passed on second reading. This amendment has been
made to the Ordinance and is not presented as an option because there did not appear to be any
Councilmember objections at the January 21 meeting to providing such a six-month grace period.
POSTINGOFWARNINGSIGN. At the January 21 meeting some Councilmembers expressed the desire
that a provision be added to the Ordinance that would require retailers to post a warning sign on
their premises, and on their vending machines. The purpose of the sign would be to warn the public
that it is illegal for any person under 18 years of age to purchase, possess or use tobacco products
and that it is illegal for any person to sell or give tobacco products to a person under 18 years of
Page 25 of 38
February 18, 1997
age. Option A of the Ordinance, if adopted by Council, would require the posting of such a warning
sign.
MINIM(IMFINE. At the January 21 meeting it was suggested that a minimum fine should be imposed
on those persons who are convicted of violating Section 12-97(d), which prohibits anyone from
selling or giving tobacco products to minors. Option B in the Ordinance has been provided for
Council's consideration on this issue and mandates that the minimum fine for a violation of Section
12-97(d) be $100. In reviewing this issue, the Health and Safety Committee recommended that a
minimum fine should not be mandated, but that the fine amount should be left to the discretion of
the Municipal Judge.
RETAILER RESPONSIBILITY FOR VIOLATION OF SECTION 12-97(d). Several C o u n c i l m e m b e rs
expressed the concern that, while retailers' employees who sell tobacco products to minors could
be prosecuted under Section 12-97(d), the retailers themselves could not. Therefore, it was
suggested that additional language be added to the Ordinance which would impose a penalty upon
retailers when their employees repeatedly violated the Ordinance in this respect.
One suggestion for doing this was made by Councilmember Wanner. He suggested that retailers
could be prosecuted for maintaining a "public nuisance" when repeated violations occurred at their
businesses. Then, in those cases where a retailer's business had become such a "public nuisance, "
the owner of the business would be prohibited from selling tobacco products for some period of time
or indefinitely. However, after reviewing this suggestion, it appears that more time is needed to
throughly research the legal issues related to this suggestion than is available between First and
Second Reading of this Ordinance. Therefore, Option C does not address this issue in terms of a
"public nuisance. "
Instead, Option C, which adds paragraphs (d) and (e) to Section 12-99, addresses this issue by
making the owner and manager of the business, under some circumstances, criminally liable when
their employees sell tobacco products to minors in violation of Section 12-97(d). Option C does this
in two ways.
First, paragraph (e) of Section 12-99 provides that the provisions of Sections 17-4, 17-5, and 17-6
of the Code shall apply to all violations under this Ordinance. These sections, which are found in
Chapter 17 of the City Code, are taken from state law and make certain persons under certain
circumstances legally accountable for the criminal violations of others.
Forexample, Section 17-4(b) would impose criminal liability on the owner ormanager of a business
for the actions of an employee of such business who sold tobacco products to a minor if the owner
or manager, with intent to promote or facilitate the commission of the violation, aided, abetted or
advised the employee in planning or committing the offense.
Page 26 of 38
February 18, 1997
Further, in those circumstances where the owner of the business is a corporation, the corporation
can be held criminally liable under Section 17-5(a)(2) for an employee selling tobacco products to
a minor if the employee's conduct constituting the offense was engaged in, authorized, solicited,
requested, commanded, or knowingly tolerated by the corporate owner's board of directors or by
an officer or manager of the business acting within the scope of his or her employment or on behalf
of the corporate owner.
Therefore, by making these sections in Chapter 17 of the Code applicable to violations under this
Ordinance, the provisions of Section 12-97(d) prohibiting the sale of tobacco products to minors
can, under certain circumstances, be enforced against the owners and managers of the retail
business.
The second approach to this issue, as addressed in Option C, is to strengthen the City's ability to
prosecute owners and managers of retail businesses when their employees sell tobacco products to
minors by adding paragraph (d) to Section 12-99. Paragraph (d) contains a provision which
creates a rebuttable presumption that when a particular location of a retail business has
experienced three or more violations for the sale of tobacco products to minors within a one-year
period, an evidentiarypresumption is raised that the owner ormanager of such business, with intent
to promote orfacilitate the violation, aided, abetted or advised the employee planning orcommitting
the third and subsequent violations of Section 12-97(d) within such one-year period, or in the case
where the owner of the business is a corporation, that the conduct constituting the third and
subsequent violations was engaged in, authorized, solicited, requested, commanded, or knowingly
tolerated by the corporate owner's board of directors or by an officer or manager of the
corporation. However, these presumptions would not arise with respect to an owner who did not
own or a manager who did not manage such business for any period of time within the one-year
period in which the three or more violations of Section 12-97(d) occurred. Further, these
presumptions may be rebutted at trial by the presentation of any probative and competent evidence.
These presumptions, in the right circumstances, willfacilitate prosecutions of owners and managers
of retail businesses when their employees repeatedly sell tobacco products to minors.
PROHIBITING SMOKING OUTSIDE OF PUBLIC BUILDINGS SERVING YOUTH. At Council's January
21 meeting, Councilmember Apt asked the Council's Health and Safety Committee to consider an
amendment to the Ordinance that would prohibit smoking outside certain public buildings that serve
minors. After reviewing this issue, the Health and Safety Committee concluded that more research
would be needed into the legal and practical ramifications of such a provision. For that reason, it
recommended that such a provision not be included in this Ordinance on second reading.
Accordingly, the Ordinance as proposed on second reading does not contain an option addressing
this issue.
RETAILERS PROPOSED LANGUAGE FORDISPLAY CASES. At Council's January 21 meeting, a
representative of the retailers presented to the Council some proposed alternative language to
Section 12-97(e) of the Ordinance. This language was apparently presented to clarify that retailers
Page 27 of 38
February 18, 1997
would be allowed to stock and display tobacco products on a counter when the product was encased
in a display case and under the direct control of an employee of the establishment. After reviewing
this language it appeared that such a display case would already be permitted under the existing
language of Section 12-97(e). Since the language of Section 12-97(e) only requires that tobacco
products be reasonably inaccessible to customers, thereby requiring a directface-to face exchange
of the tobacco product from an employee of the business to the customer, such display cases as
proposed by the retailer would be permitted under the Ordinance. Therefore, Assistant City
Attorney John Duval contacted Chris Howes, a representative of some of the retailers, and discussed
this issue with him. Mr. Howes agreed that as currently drafted the language of Section 12-97(e)
already adequately addresses the retailers' concerns relating to the use of such display cases.
Therefore, on second reading the Ordinance does not contain any option for changes to the
language of Section 12-97(e). "
City Manager Fischbach introduced the agenda item.
John Duval, Assistant City Attorney, presented background information regarding the agenda item.
He summarized the issues raised on First Reading of the proposed ordinance, outlined the
recommendations of the Council Health and Safety Committee and staff and described the options
that have been presented to the Council.
Councilmember Kneeland spoke regarding the discussions of the Health and Safety Committee on
this issue and stated that the Committee recommends the adoption of this ordinance with Options
A, B and C. She highlighted the provisions of Option B relating to a minimum fine for the seller
rather than the user and the intent to allow the Municipal Judge to have the option to sentence the
user to an education program. She stated that the Committee will continue discussions of the issue
of smoking outside of buildings that serve minors.
Councilmember Smith requested clarification regarding Option B and asked if it relates only to
sellers. Councilmember Kneeland referenced the provision that "no person shall furnish to a minor
by gift, sale or other means any tobacco product. It shall be an affirmative defense to prosecution
under this paragraph, however, that the person furnishing the tobacco was presented with, and
reasonably relied upon, a document which identified the minor as being over 18."
Councilmember Smith asked about effective dates. Duval stated that all provisions will go into
effect in 10 days except for the provision about removing or prohibiting self-service displays, which
will go into effect on September 1 to provide a six month grace period.
Councilmember Kneeland made a motion, seconded by Councilmember Wanner, to adopt Ordinance
No. 7, 1997 on Second Reading with Options A, B and C.
David Hudson, 4513 Goshawk Street, expressed concern regarding government intrusion in matters
of individual choice and stated that this ordinance would be difficult to enforce. He spoke regarding
Page 28 of 38
February 18, 1997
parental responsibility for the actions of minors and the responsibility of individuals for their own
actions.
Mike Nicely, 517 Trilby Road Space 40A, favored the concept of prohibiting tobacco use by minors
but expressed concerns about the impact of the $100 fine for a first offense set out in Option B,
noting that people are making minimum wage working in convenience stores. He suggested giving
the judge discretion in the matter.
Andrew David Lory, 17 year old student at Fort Collins High School, presented a petition with 113
signatures in opposition to the ordinance. He stated that the law discriminates against minors and
that smoking should be a matter of individual choice.
Stacey Poncelow, 2053 Bennington Circle, spoke regarding the addictive nature of tobacco and
stated that the ordinance will prevent new users from using tobacco and will encourage young
people to make choices after they have had time to weigh the decision.
Yolanda Nicely, 517 Trilby Road Space 40A, spoke regarding the impact of the ordinance on those
who work as cashiers at convenience stores.
Heather Matz, 1615 Cedarwood Drive, manager of 7-11 on South College, stated that an informal
petition has been submitted from over 2,000 customers of the City's retail businesses opposing the
proposed changes. She proposed an amendment to the ordinance to protect the owners and
operators.
Carrie Nelson, 770 Walnut Unit B, Boulder, employee of the Institute for Substance Abuse
Education, spoke regarding the problem of teenage smoking and the need for education regarding
the risks of smoking.
David Gallup, 1412 Pikes Peak Avenue, Coalition for a Tobacco Free Colorado and member of the
Latimer County Unit of the American Cancer Society, spoke regarding the health risks of smoking
and stated that the process of checking identification at stores would not be complicated. He urged
Council to adopt the ordinance without amendments.
Abby Jones, Youth Advisory Board member, stated that everyone is responsible for young people
smoking, including parents, community and merchants.
Councilmember Smith asked about the current fine for sale to a minor and the intent of Option B.
Duval stated that the fine is controlled by State law rather than Code and that the maximum would
be $1,000. He stated that Option B would establish a minimum fine of $100.
Councilmember Smith asked about the provisions relating to smoking on personal property. Duval
stated that it would be illegal under the ordinance for a minor to smoke on personal property.
Page 29 of 38
February 18, 1997
Councilmember Smith asked about the legal status of minors. Duval stated that minors are wards
of their parents and wards of the State in the sense that the State recognizes that minors have a
certain level of constitutional rights that is less than that of adults until they turn 18.
Councilmember Kneeland spoke in support of the proposed ordinance with Options A, B and C.
She stated that the community values youth and that one goal is to ensure their health and safety.
Councilmember Apt stated that he support the ordinance and asked that the makers of the motion
consider leaving the fine for selling to minors up to the discretion of the municipal judge rather than
establishing a $100 minimum.
Councilmember Kneeland stated that Option B is recommended because of a study done by the
Health Department of fines imposed by courts for sale of tobacco products. An unidentified
representative from the Health Department stated that a follow-up study of tickets written after a
compliance check in April 1996 showed that 15 tickets were written and that no fines were levied
under the State statute.
Councilmember Smith noted that there is a difference between the merchant and the clerk.
Councilmember Kneeland stated that the intent is to provide a multifaceted approach. She stated
that the merchant will bear some responsibility after a certain number of incidents and that about
74% of clerks are in compliance with the current State law.
Councilmember Wanner asked if the municipal judge would have the discretion to suspend a fine.
Duval stated that the judge could suspend a mandatory fine or defer a judgement.
Councilmember Wanner commented regarding the affirmative defenses to a charge of selling to a
minor. Duval stated that one defense is reasonably relying upon a false identification.
Councilmember Smith noted discussions he has had with teenagers and their belief that this
ordinance will be of no effect. He expressed a concern that smoking would also be illegal on private
property and that there could be abuses of people informing on others. He expressed a concern that
students complain about the police pulling them over for being out beyond the curfew when there
is no curfew ordinance and there would be a fine line between looking out for the safety of youth
and pulling them over for this type of matter. He also questioned the mandatory $100 fine in Option
B and the fact that the merchant is provided with means to sidestep a fine. He stated that he will
vote for the ordinance because tobacco is an addictive substance.
Councilmember Janett stated that she will be supporting the ordinance and expressed a concern
regarding enforceability. She noted that laws are adopted to define community standards and that
fines are levied as a deterrent. She stated that tobacco is an addictive product and that the use of
Page 30 of 38
February 18, 1997
tobacco costs families, taxpayers and those who pay for health insurance and that everyone is
therefore paying the costs of an individual's decision.
Councilmember Smith stated that the sale of many things to minors is regulated and that the
ordinance makes sense within that context.
Councilmember Apt stated that he would be supporting the ordinance although he does have
reservations about some of the matters previously mentioned. He stated that the Health and Safety
Committee should monitor the enforcement of this ordinance and the way in which sting operations
occur.
City Attorney read one correction on page 3 of the ordinance, subparagraph (d), third line for the
record to eliminate the reference to paragraph (e) and include the language in subparagraph (d).
Mayor Azari asked about the language on page 4 of the ordinance in Section 12-99 in the last
sentence in paragraph (b) that refers to "such cost to the minor as may be established by Resolution
of the City Council." Duval stated that if the municipal judge determines that there is a need to have
the ability to impose 24 hours of public service and that a fee is therefore needed, that a Resolution
setting the fee would be brought back for Council consideration.
Mayor Azari commented regarding her discussions with teenagers and stated that many thought it
would help them not smoke and that their parents support the ordinance. She stated that the
responsibility in this matter would no longer be just the responsibility of the store owner or the store
clerk. She stated that she would support the ordinance.
The vote on the motion was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, Smith
and Wanner. Nays: None.
THE MOTION CARRIED
Ordinance No. 45,1997
Amending Chapter 12 of the City Code Relating
to Radon Risk, Testing, and Mitigation by the Sellers of Real
Property (Options A & B). Option A Adopted on First Reading as Amended.
The following is staffs memorandum on this item.
"Financial Impact
Staff administration of the radon program is included in the Natural Resources Department budget.
Printing, distribution of materials and outreach during 1997 is covered by two grants from the
Colorado Department of Public Health and Environment. We estimate the annual cost of printing,
Page 31 of 38
February 18, 1997
distribution of materials, and outreach will be $5,000. We will attempt to cover this expense within
our Natural Resources Department budget. However, it is possible that we may need to request
additional funding during future budget cycles.
Executive Summary
A. First Reading of Ordinance No. 45, 1997, Amending Chapter 12 of the Code of the City by
the Addition of Provisions Requiring the Dissemination of Information Regarding Radon
Risk, Testing, and Mitigation by the Sellers of Residential Real Property. (Option A)
B. First Reading of Ordinance No. 45, 1997, Amending Chapter 12 of the Code of the City by
the Addition of Provisions Requiring the Dissemination Information Regarding Radon Risk,
Testing, and Mitigation by the Sellers of Real Property and the Conducting of a Radon Test
in All Residential Housing Sales Transactions. (Option B)
BACKGROUND:
Radon is a naturally occurring gas that comes from the decay of uranium and uranium -decaying
rocks in soils beneath homes and enters homes through cracks and other openings in basements and
crawlspaces. The presence of radon in homes is a long-term health risk that causes lung cancer.
Fort Collins and most of Colorado are designated by USEPA as Zone I radon areas with radon
levels predicted to average above 4 picocuries per liter of air (pCi/L), the level at which USEPA
recommends action. Current data on Fort Collins homes support this designation, showing that
three out of four basements have readings above 4 pCi/L.
At a July 23 Study Session, Council directed staff to proceed with development of a radon program.
Council also indicated particular concern about the actual risk of radon exposure to Fort Collins
residents and the cost/benefit of radon mitigation at point of sale, and requested more input from
environmental groups and the Air Quality Advisory Board (AQAB). These issues are addressed in
the attached Radon Report Summary (Attachment A).
Staff Recommendation
A radon committee, with authority and representation from the Air Quality Advisory Board, has
considered findings and developed a recommendation regarding actions the city should take to
address radon in Fort Collins. After weighing the findings of the radon committee and receiving
guidance from the AQAB, other City Boards, the general public, environmental groups, local
organizations, and businesses, staff recommends thefollowing radon program. This proposed radon
program adheres to the Air Quality Policy Plan, which charges the City to increase actions taken
by residents to reduce exposure to indoor air pollution.
Adopt Ordinance No. 45, 1997, Option A, requiring that radon information be presented to
all homebuyers at point of sale. A USEPA Home Buyer's and Seller's Guide will be given
Page 32 of 38
February 18, 1997
to all homebuyers along with a specific Fort Collins' insert that: strongly encourages
testing; explains Fort Collins radon levels average above 4 pCi/L; suggests homebuyers not
abandon a housing transaction if they discover high radon levels; and encourages builders
to offer installation of radon mitigation systems in new homes. Buyers will be required to
sign an affidavit upon receipt of this information and the affidavit will be returned to the
City Natural Resources Department prior to closing.
2. Adopt radon mitigation standards into the City Building Code to assure proper installation
of voluntarily -installed radon systems. (A committee has been formed to draft these
standards and will complete its work sometime this spring.)
3. Continue to pursue an aggressive education program to get all homeowners to test and
where indicated, mitigate high radon levels.
4. Re-evaluate the need for mandatory testing at point of sale and the installation of radon
mitigation systems in new construction during the biennial update of the Air Quality Action
Plan in March 1998.
There has been a great deal of discussion about whether or not to require mandatory radon tests
when residences are sold. Option A does not include a mandatory testing program, while Option
B does. Staff recommends Option A for the following reasons:
Most Fort Collins residents are just beginning to learn about radon and to understand its
implications in their own lives,
2. The radon services industry is comprised ofa fledgling group of testers, mitigators, and labs
that are neither certified nor registered, and therefore lack the structure necessary to
provide quality control or consistent delivery of services,
3. While there are many testing devices on the market that provide accurate radon
measurements, there are many variables among test devices that can render measurements
inaccurate even under the best of circumstances, such as age of test device, placement,
weather variations, and calibration requirements,
4. Since radon is a highly controversial issue among scientists and the general public,
education is the most appropriate way to address the controversy while providing residents
the opportunity to make thoughtful and informed decisions.
Staff believes Option A is the appropriate first step in providing the residents of Fort Collins with
a solid information base upon which to individually determine the impact of radon levels and risks
in their own lives. A strong education campaign also allows residents more time to assess the
Page 33 of 38
February 18, 1997
importance of radon as a community issue, which may in turn lead them to ask for mandatory testing
and mandatory installation of radon mitigation systems in new homes.
AQAB Recommendations (See Attachment B for more detail)
The AQAB supports staffs recommendation of an aggressive education program, an ordinance
requiring that radon information be provided to all homebuyers at point of sale, adoption of radon
construction guidelines into the City Code, and postponementofan ordinance requiring installation
of radon mitigation systems in new construction. The Board, however, disagrees with staff on the
testing issue, and recommends Council adopt Option B requiring education and radon testing in all
housing sales transactions.
If Option B is adopted, in addition to mandatory information, a radon test would be required for
all housing sales transactions. In new construction, tests would be conducted following issuance of
a permanent Certificate of Occupancy. In both existing and new construction sales transactions,
buyers and sellers would have the option of testing prior to closing or within ninety (90) days
following closing. An affidavit would be sent to the City's Natural Resources Department affirming
that the test was valid and conducted using USEPA measurement protocols and USEPA approved
devices. Failure to adhere to Option B would be a violation of the City Code and would subject the
citizen to a fine. The Code would be enforced on a complaint basis.
Radon Committee Recommendations
The radon committee agrees with the AQAB to adopt staff s recommendations with the addition of
mandatory testing at point of sale. In a poll of committee members, six voted for and five voted
against mandatory testing. A Radon Report Summary is attached and contains summaries of
committee findings and public comment. (Attachment A)"
City Manager Fischbach introduced the agenda item.
Linda Devocelle, Natural Resources Department, presented background information regarding the
agenda item and noted that there would be presentations by David Gallup of the Air Quality
Advisory Board and Dr. Jan Johnson of the Radon Committee. She introduced members of the
Radon Committee who were present at the meeting. She stated that two options are presented
because staff is recommending one option and the Air Quality Board and Radon Committee are
recommending the other option. She stated that if either option is adopted that the ordinance would
go into effect on June 4. She stated that Option A would require mandatory education provided by
sellers in all residential housing sales transactions and that Option B would require mandatory
education and mandatory testing at point of sale. She spoke regarding the health risks of radon
exposure and the approved systems that will lower radon levels. She spoke regarding the
organization of the Radon Committee and public outreach efforts on this issue. She stated that
approximately 17 people could die each year if they were exposed to the average radon annual
reading and that mitigation of all the homes with high radon levels for one year could save 84 lives
over a 70 year period and that the cost per life saved would be approximately $56,000. She stated
Page 34 of 38
February 18, 1997
that two Air Quality Board members were added to the Radon Committee. She stated that the
majority of the responsibility will be upon the seller and the purchaser and that the staff investment
of time will be small. She stated that staff recommends Option A and that the Air Quality Board
and Radon Committee support Option B.
Dr. Jan Johnson, Radon Committee, stated that the Committee had diverse opinions about four main
issues: (1) whether is radon truly a health hazard; (2) whether it is reasonable to require radon
measurements; (3) whether testing could be done reliably; and (4) how would the testing be done.
She stated that the committee voted by a narrow margin to recommend that radon testing be
required, particularly for new homes, and that several committee members were undecided about
the issues. She stated that the committee was enthusiastic about education, adoption of building
standards for voluntary installation of mitigation systems and voluntary testing of homes.
Dave Gallup, Air Quality Advisory Board, stated that the Board's discussions were similar to those
of the Radon Committee and that the Board was split on the same issues as the Radon Committee.
He stated that the Board recommends Option B by a split vote. He stated that there is unanimous
Board support for an aggressive education program, a requirement that radon information be
provided to home buyers, and adoption of radon mitigation standards as part of the building code.
He stated that the Board was not unanimous regarding the magnitude of the problem and how to best
handle it.
Councilmember Smith asked how many radon testing kits have gone out after the notice was place
in the City News in utility bills. Devocelle stated that 600 kits were sent out in October and the
number has grown each month. She stated that about 4,000 kits have gone out to 2,000 homes.
Councilmember Smith asked if data comes back for each home tested. Devocelle stated that a
voluntary reporting form and return envelope is sent with each test kit and that the response rate has
been about 20%.
Councilmember Smith asked if test kits have been requested from all over the community.
Devocelle stated that the requests have come from all over and that kits are now being requested by
those who have heard about the testing program by word of mouth.
Councilmember Smith asked if a map can be developed to determine how uniformly the radon
problem is distributed around the City. Devocelle stated that the GIS system can be used to pinpoint
radon problems.
Councilmember Smith asked about the language "prior to the execution of any contract for such
property." Devocelle stated that the intent is that the buyer should be presented with the radon
information when they become serious about buying the property and that this would provide
sufficient opportunity for short term radon testing prior to the final signing of purchase documents.
Page 35 of 38
February 18, 1997
Councilmember Smith asked about support for mitigation in new construction. Devocelle stated that
there was no unanimous support among any of the reviewing groups for mandatory radon mitigation
in new construction.
Councilmember Wanner asked about the availability of reliable testing services and the difficulty
of controlling the testing. Devocelle stated that the ordinance would require that a test be conducted
using EPA protocols.
Councilmember Wanner asked how reliable the testing is when EPA guidelines are followed.
Devocelle stated that this would be a voluntary program and that there will be no monitoring or
certification for those performing the testing.
Councilmember Janett asked about the procedure for signing of the affidavit and asked if there is
a penalty for failure to return the signed affidavit to the City. Devocelle stated that there would be
penalties for failure to inform the home buyer about radon testing. City Attorney Roy stated that
there may be a discrepancy in the ordinance regarding Code references.
Mayor Azari asked if the aggressive education program will end if neither of these options are
passed. Devocelle stated that the education program will be ongoing.
Councilmember Wanner made a motion, seconded by Councilmember Kneeland, to adopt Ordinance
No. 45, 1997 Option A.
Councilmember Smith requested staff review of the penalty issues noted by City Attorney Roy prior
to Second Reading. City Attorney Roy clarified Code section references relating to penalties.
Don Lucke, Loveland resident and retired university professor, spoke regarding his research on the
biological effects of low dose radiation and recommended that the Council not pass the ordinance
at all. He questioned the EPA data regarding cancer deaths due to low level radon exposure.
Kimberly Maevers, Director of Government Affairs for the Homebuilder's Association of Northern
Colorado, noted that conflicting facts have been presented regarding radon. She asked about radon
education efforts for homeowners who never sell their homes. She noted that the Homebuilder's
Association, contractors and homeowners associations were not provided a formal opportunity to
respond to this issue. She asked if the expense of testing becomes a burden for the home buyer or
seller. She asked that if Council wishes to adopt an ordinance that Option A be adopted.
Chris McElroy, 5707 Sandbar Court, questioned the necessity of the ordinance and noted that the
real estate community was not asked for input on the issue. He described the seller's property
disclosure process and the buyer's option to have inspections done at the buyer's expense. He
questioned whether there are enough EPA trained radon inspectors in the area to handle the houses
Page 36 of 38
February 18, 1997
sold. He stated that he does not support the ordinance and that there will be additional staff costs
to the ordinance.
Councilmember Smith asked if the affidavit process will be a burdensome paperwork problem for
the City. Devocelle stated that the affidavit return process is intended to provide a method for the
City to monitor whether the radon information is being provided to home buyers.
Councilmember Kneeland asked what would happen with the current program if Option A is not
adopted. Devocelle spoke regarding the current education program and the importance of reaching
home buyers with radon information at the point of sale.
Councilmember Janett asked how sellers will receive the information. Devocelle noted that the
program would not go into June 4 so that the distribution details could be worked out.
Mayor Azari asked if staff has been working with the Board of Realtors on the issue. Devocelle
stated that staff has been working with the real estate community although representatives did not
serve on the Radon Committee.
Councilmember Smith noted the extensive public outreach that was done on the radon issue. He
spoke in support of the information distribution requirement of the ordinance.
Councilmember Kneeland spoke in support of Option A and stated that awareness and education are
the keys.
Councilmember Janett stated that she would support Option A and proposed an amendment for
Second Reading to eliminate the requirement that affidavits are to be mailed back to the City. She
stated that it would be inappropriate to mandate testing when there would not be a consistent test.
Councilmember Wanner stated that there should be enforcement measures if the program is worth
doing.
Councilmember Janett requested further information on Second Reading about whether there is an
alternative way other than the return of affidavits to monitor the distribution of radon information
to home buyers.
Mayor Azari stated that she would not be supporting the ordinance because the ongoing aggressive
education program is the correct approach and there is conflicting information about the impacts of
radon. She spoke in support of continuing the education program, working through the building
standards issues and then working on a regulatory position.
Page 37 of 38
February 18, 1997
The vote on the motion was as follows: Yeas: Councilmembers Apt, Janett, Kneeland, Smith and
Wanner. Nays: Mayor Azari.
THE MOTION CARRIED
Other Business
Councilmember Kneeland requested information regarding the policy of discouraging geese at some
parks and noted that the problem has moved to neighboring residential areas.
Councilmember Apt requested information regarding about whether the financing of wind power
by PRPA would help cut the cost to rate payers.
Adiournment
Councilmember Wanner made a motion, seconded by Councilmember Smith, to adjourn the meeting
to February 25, 1997 to consider an appeal. The vote on the motion was as follows: Yeas:
Councilmembers Apt, Azari, Janett, Kneeland, Smith and Wanner. Nays: None.
1 .1 u• •► a::1 6
The meeting adjourned at approximately 10:55
ATTEST:
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Page 38 of 38
('00
On August 5, 1997, City Council unanimously adopted the regular
meeting minutes of February 4 and February 18, and the adjourned
meeting of February 11, 1997.
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