HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/16/2000 - RESOLUTION 2000-72 MAKING FINDINGS OF FACT AND CON AGENDA ITEM SUMMARY ITEM NUMBER: 21
FORT COLLINS CITY COUNCIL DATE: May 16, 2000STAFF•
Caroline Blackwell
SUBJECT:
Resolution 2000-72 Making Findings of Fact and Conclusions Regarding the Appeal of a Decision
of the Water Utility Hearing Officer Denying the Application of Earle and Maxine Horton for a
Xeiscape Certification and Grass Height Variance.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY:
On May 2, 2000, Council voted 7-0 to make the finding that,based upon a review of the City Code
sections relevant to the appeal,the City's xeriscape certification and grass height variance program
was improperly adopted. Accordingly, the Council found that the Hearing Officer incorrectly
determined that the Water Utility's xeriscape certification and grass height variance program was
a valid regulatory scheme. Based upon this finding, the Council voted 7-0 to modify the decision
of the Hearing Officer. The Council directed the City Manager to repeal the City's current xeriscape
certification and grass height variance program. Additionally,the Council directed the City Manager
to provide research and information to the Council regarding the possible future adoption of an
ordinance delegating authority to the Water Utility to adopt a xeriscape certification and grass height
variance program. Finally, Council directed the City Manager to hold all pending applications for
xeriscape certification in abeyance until the City adopts a new xeriscape certification program, or
until the City Council determines that such a program will not be adopted. In order to complete the
record regarding the appeal, Council should adopt a Resolution making findings of fact and
finalizing its decision on the appeal.
RESOLUTION 2000-71
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE
APPEAL OF A DECISION OF THE WATER UTILITY HEARING OFFICER
DENYING THE APPLICATION OF EARLE AND MAXINE HORTON FOR
A XERISCAPE CERTIFICATION AND GRASS HEIGHT VARIANCE
WHEREAS,on March 15,2000,the Water Utility Hearing Officer, Steven Klausing,issued
a decision upholding the determination of the Water Utility denying the application of Earle and
Maxine Horton for a xeriscape certification and grass height variance; and
WHEREAS, on March 27, 2000, a Notice of Appeal of the Hearing Officer's decision was
filed with the City Clerk by Earl and Maxine Horton (the "Appellants"); and
WHEREAS, on April 10, 2000, an Amended Notice of Appeal of the Hearing Officer's
decision was filed with the City Clerk by the Appellants; and
WHEREAS,the foregoing Amended Notice of Appeal contains allegations that the Hearing
Officer failed to properly interpret and apply relevant provisions of the City Code and Charter and
failed to conduct a fair hearing; and
WHEREAS,on May 2,2000,the City Council,after notice given in accordance with Chapter
2, Article II, Division 3, of the City Code, considered said appeal, reviewed the record on appeal,
reviewed the relevant City Code and Charter provisions and,after discussion,decided to modify the
decision of the Hearing Officer; and
WHEREAS,City Code Section 2-56(e)provides that no later than the date of its next regular
meeting after the hearing of an appeal, City Council shall adopt, by resolution, findings of fact in
support of its decision on the appeal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT COLLINS that pursuant to City Code Section 2-56(e), the Council hereby makes the
following findings of fact and conclusions:
1. That the grounds for appeal as stated in the Appellant's Amended Notice of Appeal
conform to the requirements of Section 2-48 of the City Code.
2. That the Hearing Officer failed to properly interpret and apply the relevant provisions
of the City Code.
3. The Council specifically finds that:
(a) The Hearing Officer incorrectly found that the City's xeriscape certification
• and grass height variance program is a valid regulatory scheme.
(b) The ordinance designating a xeriscape certification and grass height variance
program did not provide direction to the Water Utility director to be followed
in exercising the authority granted.
4. The City Manager is hereby directed to repeal the City's current xeriscape
certification and grass height variance program,which program was administratively
adopted.
5. The City Manager is hereby directed to provide the City Council with research and
information which will assist the Council in considering the adoption of an ordinance
authorizing the Water Utility to adopt a xeriscape certification and grass height
variance program.
6. The City Manager is hereby directed to hold all pending applications for xeriscape
certification in abeyance until the City Council adopts an ordinance authorizing the
Water Utility to adopt a xeriscape certification and grass height variance program,
or until the City Council determines that such a program will not be adopted.
Passed and adopted at a regular meeting of the City Council held this 16th day of May,A.D.
2000.
Mayor
ATTEST:
City Clerk