HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/01/2005 - SECOND READING OF ORDINANCE NO. 004, 2005, AMENDIN ITEM NUMBER : AMENDED
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AGENDA ITEM SUMMARY DATE : February 1 , 2005
FORT COLLINS CITY COUNCIL
STAFF: Tom Vosburg
SUBJECT
Second Reading of Ordinance No . 004 , 2005 , Amending the Duties and Functions of Boards and
Commissions to Allow All Boards and Commissions to Provide Input to the Decision Maker
Regarding Development Plans that are Subject to a Public Hearing.
RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
Ordinance No . 004 , 2005 , which was adopted with amendments on First Reading by a vote of 4-3
(Nays : Councilmembers Weitkunat, Kastein , Mayor Martinez) on January 18 , 2005 , has been
modified so as to add the ability to provide input to the decision maker as an additional function by
all boards and commissions . Staff recommends deleting Sections 5 and 23 of the Ordinance, which
amend the functions of the Citizen Review Board and the Personnel Board, since the duties and
functions of those boards are administrative in nature , the boards advise the City Manager rather than
the City Council , and the boards would be unaffected by land use proposals .
ORDINANCE NO . 004, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE DUTIES AND FUNCTIONS OF BOARDS AND COMMISSIONS
TO ALLOW ALL BOARDS AND COMMISSIONS TO PROVIDE INPUT TO THE
DECISION MAKER REGARDING DEVELOPMENT PLANS
THAT ARE SUBJECT TO A PUBLIC HEARING
WHEREAS , under Article IV, Section 1 of the City Charter, the City Council may, by
ordinance, establish appointed boards and commissions and prescribe the powers, duties and
operating procedures of the same ; and
WHEREAS, City Council has also established a Planning and Zoning Board which is
authorized under Section 2-353 (4) of the City Code to take final action to approve, disapprove, or
approve with conditions all planning items including development plans; and
WHEREAS , under the City's Land Use Code, development plans are submitted either to the
Planning and Zoning Board or to the Director of Community Planning and Environmental Services
(the "Director") for review; and
WHEREAS , the City Council believes that it would be in the best interests of the City to
authorize the boards and commissions of the City to provide input to the Planning and Zoning Board
or the Director, as appropriate, regarding those development plans that are subject to a public
hearing and that may be of particular interest or concern to them; and
WHEREAS , the City Council also believes that the Landmark Preservation Commission
should be given the additional function of providing "complimentary design review" for the benefit
of persons who are submitting applications to the Commission under the authority of Chapter 14 in
order that the Commission might provide feedback to such applicant regarding any aspect of the
application which may be of particular interest or concern to the Commission with regard to
landmark preservation issues in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows :
Section 1 . That Section 2-83 of the City Code, pertaining to the duties and functions of
the Affordable Housing Board, is hereby amended so as to read in its entirety as follows :
Sec. 2-83 . Functions.
The duties and functions of the board shall be :
( 1 ) To advise the Council on all matters pertaining to affordable housing issues
of concern to the city;
(2) To aid and guide the development of city-wide affordable housing
programs to address currently existing and potential affordable housing
issues ;
(3 ) To promote citizen participation and public education on city-wide
affordable housing issues;
(4) To provide input to the city decision maker, as referenced in Section 2 .4 .2
of the Land Use Code, with regard to any development plan that is subject
to a public hearing and that the board believes may affect affordable
housing in the city;
(45 ) To be aware of and coordinate with the various other city boards and
commissions whose actions may affect affordable housing in the
community; and
(56) To perform other such duties and functions and have other powers as
provided by the Council.
Section 2 . That Section 2-91 of the City Code pertaining to the duties and functions of
the Air Quality Advisory Board, is hereby amended so as to read in its entirety as follows :
Sec. 2 -93 . Functions.
The duties and functions of the board shall be :
( 1 ) tTo advise the City Council regarding policies, plans and programs to
improve and maintain the city's air quality.
(2) The board may, without limitatioin, To biennially review air quality
indicators and recommend adjustments or revisions, as needed, to the Air
Quality Action Plan and/or Air Quality Policy Plan review and recommen
revisions, as needed, to the Air Quality Policy P! and to any other city
plans that may have significant impacts on air quality;
(3 ) andTo advise the Governor-designated lead agency for air quality planning
on matters pertaining to the Fort Collins element of the State
Implementation Plan;
(4) To The board may also convene ad hoc citizen task groups to provide
additional technical expertise to the board for the planning of specific
action strategies ;
(5 ) To provide input to the city decision maker, as referenced in Section 2 .4 .2
of the Land Use Code, with regard to any development plan that is subject
to a public hearing and that the board believes may affect air quality in the
city;
(6) To perform such other duties and functions and have other powers as
provided by the Council.
Section 3 . That Section 2- 103 of the City Code pertaining to the duties and functions of
the Art in Public Places Board, is hereby amended so as to read in its entirety as follows :
Sec . 2 - 103 . Functions.
The board shall act as an advisory board and shall have the following functions :
( 1 ) To advise and make recommendations to the City Council regarding
incorporation of works of art into construction projects and regarding
expenditures from the art in public places reserve account for artists, works
of art and sites for placement of works of art, following established and
published guidelines ;
(2) To advise and make recommendations to the City Council regarding the
acceptance of offers to donate art to be placed in public areas and regarding
the site for placement of such donated art;
(3 ) To advise and make recommendations to the Director of Cultural, Library
and Recreational Services and the City Council as to rules, regulations,
guidelines, policy, administrative and budgetary matters pertaining to the
art in public places program; and
(4) To provide input to the city decision maker, as referenced in Section 2 .4 .2
of the Land Use Code, with regard to any development plan that is subject
to a public hearing and that the board believes may affect art in public
places in the city.
Section 4 . That Section 2 - 119 of the City Code, pertaining to the duties and functions
of the Building Review Board, is hereby amended so as to read in its entirety as follows :
Sec. 2 - 119. Functions.
The board shall have the following functions :
( 1 ) To determine the suitability of alternate materials or alternate methods of
construction, provide for reasonable interpretations of the provisions of the
city building code, city mechanical code, city plumbing code, city electrical
code and city fire code, and hear all appeals made to it related to such
codes ;
(2) To hear all requests for variances from the requirements of Article 5 , Title
% C .R. S . , which establishes standards and specifications governing the
accessibility of buildings and facilities within the city to the physically
handicapped;
(3 ) To hear all matters related to the suspension or revocation of any
supervisor certificate or license or registration of any plumber or electrician
as provided in the Code;
(4) To, upon appeal in specific cases, grant variances from the terms of
Chapter 15 , Article V, where the strict application of any provision of said
Article would result in peculiar or exceptional practical difficulties to or
exceptional or undue hardship upon the person regulated, provided that
such relief may be granted without substantial detriment to the public good
and without substantially impairing the intent and purposes of said Article;
and
(5 ) To serve as the Board of Appeals as required under Section 205 of the
Uniform Code for the Abatement of Dangerous Buildings; and
(6) To provide input to the city decision maker, as referenced in Section 2 .4 .2
of the Land Use Code, with regard to any development plan that is subject
to a public hearing and that the board believes may affect building code
enforcement in the city.
Section 5 . That Section 2- 139 of the City Code pertaining to the duties and functions
of the Citizen Review Board, is hereby amended so as to read in its entirety as follows :
Sec. 2-139. Functions.
The board shall have the following functions :
( 1 ) At the request of the City Manager or the Chief of Police, to make
recommendations to the City Manager or the Chief of Police concerning
the interpretation of police policies and procedures .
(2) To review the following categories of internal investigations conducted by
Police Services :
a. Investigations involving police officer or community service officer
use of deadly force, whether or not the use of such force actually
results in death;
b . Investigations initiated by the written complaint of any person
involved in an incident occurring within one ( 1 ) year of said
complaint, when such person alleges that: (i) a police officer or
community service officer used force or discharged a firearm in
violation of administrative policy or applicable law, (ii) a police
officer or community service officer committed a crime, or (iii) as a
result of a police officer's or community service officer's act or failure
to act, a person sustained severe injury or death or suffered a civil
rights violation;
c . Any other investigations as requested by the City Manager or the
Chief of Police.
(3 ) To review any decision of the Chief of Police regarding the merits of any
other investigation for which a review has not been conducted by the board
pursuant to subsection (2) of this Section, if review is requested in writing
by a person involved in the investigated incident and such person alleges
police officer or community service officer misconduct occurring within
one ( 1 ) year of said request.
(4) To reconsider any review previously conducted by the board if the board
determines that significant new information has become available which
previously was not reasonably available to the board, the complainant or
to Police Services .
(5 ) Upon the request of any other public law enforcement entity operating
within the City, to review the internal investigations of such entity if the
matter being investigated occurred within the City.
(6) To make annual reports to the City Council and City Manager concerning
the activities and recommendations of the board;
(7) To perform such functions as are committed to it by other ordinances or
resolutions of the City.
(8) To provide input to the city decision maker, as referenced in Section 2 .4 .2
of the Land Use Code, with regard to any development plan that is subject
to a public hearing.
Section 6 . That Section 2- 153 of the City Code pertaining to the duties and functions of
the Commission on Disability, is hereby amended so as to read in its entirety as follows :
Sec. 2453 . Functions.
The commission shall have the following functions :
( 1 ) To develop educational programs to acquaint our citizens with issues
affecting individuals with disabilities ;
(2) To form special committees including noncommission consultants or
specialists to address issues affecting the well-being of individuals with
disabilities;
(3 ) To communicate with other commissions in order to generate ideas helpful
to the City Council;
(4) To educate city employees about access issues affecting individuals with
disabilities ;
(5 ) To recommend to the city design requirements that ensure accessibility;
(6) To help the city establish conditions and practices that contribute to
employing individuals with disabilities ;
(7) To serve as advocates among city employees, private businesses and the
community on behalf of individuals with disabilities ; and
(8) To provide input to the city decision maker, as referenced in Section 2 .4 .2
of the Land Use Code, with regard to any development plan that is subject
to a public hearing and that the board believes may affect individuals with
disabilities .
Section 7 . That Section 2- 168 of the City Code pertaining to the duties and functions of
the Commission on the Status of Women, is hereby amended so as to read in its entirety as follows :
Sec. 2-168. Functions.
The commission is created for the purpose of enhancing the status of and
opportunities for all women in the city. The commission shall have the ability to :
( 1 ) Document issues of importance to the status of women in the city;
(2) Review legislation which may affect women in the community;
(3) Conduct educational programs in the Fort Collins community to increase
public awareness and sensitivity to the needs and capabilities of all women;
(4) Cooperate with other organizations and individuals interested in issues
affecting the status of women in the City;
(5 ) Recommend legislation, policy changes and other actions which would
enhance the status of women in the city to the City Council, City Manager
and to other public and private organizations upon request; and
(6) To provide input to the city decision maker, as referenced in Section 2 .4 .2
of the Land Use Code, with regard to any development plan that is subject
to a public hearing and that the board believes may affect women' s issues
in the city.
Section 8 . That Section 2- 183 of the City Code pertaining to the duties and functions of
the Community Development Block Grant Commission, is hereby amended so as to read in its
entirety as follows :
Sec . 2 - 183 . Functions.
The duties and functions of the commission shall be :
( 1 ) To advise the City Council on matters pertaining to the Department of
Housing and Urban Development's Community Development Block Grant
(CDBG) Program;
(2) To promote the CDBG Program within the city with special attention to the
three (3) low- and moderate-income neighborhood strategy areas of Holy
Family, Laurel School, and Buckingham, Alta Vista and Andersonville
(B .A.V.A.);
(3 ) To assess the community development needs of low- and moderate-income
individuals and families and suggest programs to meet those needs;
(4) To provide recommendations to the City Council concerning the
expenditure of CDBG funds received from the Department of Housing and
Urban Development;
(5 ) To perform such other duties and functions and have such other powers as
may be provided by ordinance of the City Council; and
(6) To provide input to the city decision maker, as referenced in Section 2 .4 .2
of the Land Use Code, with regard to any development plan that is subject
to a public hearing and that the board believes may affect the provision of
services to low income residents of the city.
Section 9 . That Section 2-203 of the City Code pertaining to the duties and functions of
the Cultural Resources Board, is hereby amended so as to read in its entirety as follows :
Sec. 2-203 . Functions.
The board shall act as an advisory board and shall have the following functions :
( 1 ) To advise and make recommendations to the Museum Director and the City
Council for their approval as to rules, regulations, policies, administrative
and budgetary matters pertaining to the Fort Collins Museum;
(2) To advise and make recommendations to the Director of Cultural Services
and Facilities and the City Council for their approval as to rules,
regulations, policies, administrative and budgetary matters pertaining to the
Lincoln Center and any other cultural facility constructed by the city;
(3 ) To review proposals for funding from the Cultural Development and
Programming Account, following established and published guidelines, and
to submit recommendations regarding such proposals to the City Council
to be approved by the Council by resolution;
(4) To advise and make recommendations to the City Manager regarding any
proposed revisions to the guidelines used by the Cultural Resources Board
to make the funding recommendations referred to in subparagraph (3)
above;
(5 ) To assist, advise and make recommendations to the Director of Cultural
Services and Facilities and the City Council in cooperating on community
projects with other civic organizations and with individuals interested in
the city's cultural programs and facilities, in order to promote awareness
and understanding of, and appreciation for, the value of cultural resources
in the community; and
(6) To provide input to the city decision maker, as referenced in Section 2 .4 .2
of the Land Use Code, with regard to any development plan that is subject
to a public hearing and that the board believes may affect cultural resources
in the city.
Section 10 . That Section 2-233 of the City Code pertaining to the duties and functions of
the Electric Board, is hereby amended so as to read in its entirety as follows :
Sec. 2-233 . Functions.
The duties and functions of the board shall be :
( 1 ) To advise the City Council on policy matters pertaining to the municipal
electric system.
(2) To act as the final appeal and hearing body for customer complaints except
as is otherwise provided in Chapter 26, Article XII regarding termination
of utility service.
(3 ) To act as a sounding board to staff for the purpose of identifying the
ratepayers' service delivery expectations .
(4) To perform such other duties and functions and have such other powers as
may be provided by ordinance of the City Council; and
(5 ) To provide input to the city decision maker, as referenced in Section 2 .4 .2
of the Land Use Code, with regard to any development plan that is subject
to a public hearing and that the board believes may affect the provision of
electric utility service in the city.
Section 11 . That Section 2-238 of the City Code pertaining to the duties and functions
of the Golf Board, is hereby amended so as to read in its entirety as follows :
Sec. 2-238. Functions.
The board shall act as an advisory board and shall have the following functions :
( 1 ) To advise and make recommendations to the Cultural, Library and
Recreational Services Director (the "Director") and the City Council as to
rules, regulations, policies, administrative and budgetary matters pertaining
to the operation and maintenance of all city-owned golf courses ;
(2) To advise and make recommendations to the Director concerning the terms
and conditions of any agreements to be entered into with golf professionals
and other concessionaires in connection with city-owned golf courses as
well as any other agreements which may affect the management, operation,
maintenance, construction or acquisition of city-owned golf courses ;
(3 ) To assist in the procurement of goods and services for city-owned golf
courses, including the selection of golf professionals, concessionaires and
other contractors, by appointing two (2) Board members to serve on any
review committee that may be established by the city under the provisions
of § 8 - 158 of this Code for the purpose of making such procurements; and
(4) To advise and make recommendations to the City Manager concerning
approval of annual fees and charges at city-owned golf courses; and
(5 ) To provide input to the city decision maker, as referenced in Section 2 .4 .2
of the Land Use Code, with regard to any development plan that is subject
to a public hearing and that the board believes may affect city-owned golf
courses .
Section 12 . That Section 2-263 of the City Code pertaining to the duties and functions of
the Human Relations Commission, is hereby amended so as to read in its entirety as follows :
Sec. 2-263 . Functions.
The commission shall have the following functions :
( 1 ) To promote positive interaction among all city residents and to discourage
all forms of discrimination based upon the diversified values and individual
differences of such residents by:
a. Developing and promoting educational programs and activities that
advocate awareness and respect for diversity;
b . Cooperating with and providing leadership and support for other
groups interested in promoting value and respect for diversity and
positive intergroup relations ;
c . Educating city residents about existing local, state and federal laws
dealing with discrimination and diversity;
d. Reviewing proposed legislation, policy changes or other
governmental action at the federal, state or local level which may
affect human rights in the city and making recommendations to the
City Council regarding the same; and
e. Recommending to the City Council such actions as may be necessary
or advisable to achieve :
1 . Equal employment opportunities for all persons ;
2 . Equal housing opportunities for all persons ;
3 . Equal public accommodation opportunities for all persons ;
and
4. Positive community relations in all fields of governmental
endeavor.
(2) To assist residents of the city in utilizing the complaint procedure under
Chapter 13 , Article II of the Code and to hear appeals from decisions of the
City Manager as provided in § 13 -23 (b) of the Code; provided, however,
that any members of the commission who have rendered assistance to
particular complainants shall refrain from participating in the commission's
review of any decisions of the City Manager related to such complainants .
(3 ) To facilitate the review of citizen complaints concerning the actions of city
police officers or community service officers by :
a. Designating volunteers from the public or from the commission's own
membership to assist individual citizens who wish to file such
complaints ;
b . Assisting citizens who have language barriers in the completion of
complaint forms ;
c . Soliciting assistance from other social agencies in notifying the
public about the complaint process; and
d. Communicating with other similar commissions in order to share
experiences and become more sensitive to potential problems .
(4) To make periodic reports to the City Council concerning the activities and
recommendations of the commission; and
(5) To perform such functions as are committed to it by other ordinances or
resolutions of the city; and
(6) To provide input to the city decision maker, as referenced in Section 2 .4 .2
of the Land Use Code, with regard to any development plan that is subject
to a public hearing and that the board believes may affect human relations
issues in the city.
Section 13 . That Section 2-278(b) of the City Code pertaining to the duties and functions
of the Landmark Preservation Commission, is hereby amended so as to read in its entirety as
follows :
Sec. 2 -278. Functions.
(b) The commission shall also perform the following additional functions :
( 1 ) Promote awareness and understanding of, and appreciation for, the value
of historic resource preservation in contributing to the quality of life in the
city, and actively encouraging property owners to voluntarily designate
their properties as historic landmarks ;
(2) Advise the City Council and city staff with regard to the identification and
evaluation of historic resources within the urban growth area and providing
information regarding the significance of the resources, the nature and
degree of threat to their preservation, and methods for their protection;
(3 ) Advise the City Council and city staff with regard to appropriate policies,
incentives and regulations for encouraging and/or requiring preservation
and rehabilitation of historic resources ;
(4) Provide input to the city decision maker, as referenced in Section 2 .4 . 2 of
the Land Use Code, with regard to the application of Section 3 .4 . 7 of the
Land Use Code to any development plan that is subject to a public hearing
and that the commission believes may affect historic resources in the city;
(5) Upon the request of city staff or of any applicant submitting an application
to the commission under the authority of Chapter 14, provide feedback to
such applicant regarding any aspect of the application which may be of
particular interest or concern to the commission with regard to landmark
preservation issues in the city.
(46) Coordinate with the various other city boards, commissions and city staff
members whose actions may affect the preservation of historic resources
in the community; and
(57) Perform such other duties and functions as may be provided by the City
Council by ordinance or resolution.
Section 14 . That Section 2-293 of the City Code pertaining to the duties and functions of
the Library Board, is hereby amended so as to read in its entirety as follows :
See . 2 -293 . Functions.
The board shall serve in an advisory capacity to the City Council on all issues
pertaining to the public library. The board shall have the following authority:
( 1 ) To advise the City Council and staff on such policies, rules and regulations
and other matters as the board believes necessary and proper for the
administration, management and development of the public library and its
facilities; and
(2) To take such actions as the board believes necessary and proper to
encourage the making of grants or gifts in support of the public library; and
(3 ) To provide input to the city decision maker, as referenced in Section 2 .4 .2
of the Land Use Code, with regard to any development plan that is subject
to a public hearing and that the board believes may affect city library
facilities .
Section 15 . That Section 2-308 of the City Code pertaining to the duties and functions
of the Natural Resources Advisory Board is hereby amended so as to read in its entirety as
follows :
2-308. Functions.
The board shall have the following functions :
( 1 ) To advise the City Council on all matters pertaining to natural resources
and environmental protection issues of concern to the city;
(2) To analyze various natural resources issues and to aid and guide the
development of city-wide natural resources programs to address currently
existing and potential natural resources and environmental issues;
(3 ) To promote citizen participation and public education on city-wide natural
resources and environmental protection issues;
(4) To provide input to the city decision maker, as referenced in Section 2 .4 .2
of the Land Use Code, with regard to the application of Section 3 .4 . 1 of the
Land Use Code to any development plan that is subject to a public hearing
and that the board believes may affect natural resources in the city;
(45 ) To be aware of and coordinate with the various Department of Natural
Resources' technical advisory committees;
(56) To perform such other duties and functions and have such other powers as
provided by the City Council.
Section 16 . That Section 2-338 of the City Code pertaining to the duties and functions of
the Parks and Recreation Board, is hereby amended so as to read in its entirety as follows :
Sec. 2-338. Functions.
The board shall act as an advisory board and shall have the following functions :
( 1 ) To advise and make recommendations to the Cultural, Library and
Recreational Services and the City Council for their approval as to rules,
regulations, policies, administrative and budgetary matters pertaining to the
department excluding matters relating to the operation and maintenance of
city-owned golf courses and cemeteries ;
(2) To assist the city in cooperating with the Poudre R- 1 School District and
other organizations and individuals interested in the city' s parks and
recreation programs ; and
(3 ) To provide input to the city decision maker, as referenced in Section 2 .4 .2
of the Land Use Code, with regard to any development plan that is subject
to a public hearing and that the board believes may affect parks and
recreation issues in the city.
Section 17 . That Section 2-398 of the City Code pertaining to the duties and functions of
the Senior Advisory Board, is hereby amended so as to read in its entirety as follows :
Sec. 2 -398. Functions.
The board shall have the following functions :
( 1 ) To serve as a coordinating agency for all senior citizen services and
activities ;
(2) To assess, publicize and support present senior citizen services and
activities in the community;
(3 ) To investigate and evaluate requests for new senior citizen services and
activities ;
(4) To plan, initiate, develop and encourage new senior citizen programs as
need is indicated;
(5) To provide wide opportunities for more meaningful and useful participation
of senior citizens in community activities and programs ;
(6) To establish and maintain communication with local, state and federal
government agencies concerning senior citizens;
(7) To advocate policies and practices within the community that respect and
consider the needs and interests of senior citizens ;
(8) To work to dispel stereotypes about aging through education and awareness
activities ; and
(9) To provide input to the city decision maker, as referenced in Section 2 .4 .2
of the Land Use Code, with regard to any development plan that is subject
to a public hearing and that the board believes may affect senior citizens of
the city.
Section 18 . That Section 2-420 of the City Code pertaining to the duties and functions of
the Telecommunications Board, is hereby amended so as to read in its entirety as follows :
Sec. 2-420. Functions.
The board shall have the following functions :
( 1 ) The board shall advise the City Council on all telecommunications related
issues, including but not limited to cable television and telephony; and
(2) To provide input to the city decision maker, as referenced in Section 2 .4 .2
of the Land Use Code, with regard to any development plan that is subject
to a public hearing and that the board believes may affect
telecommunications issues in the city.
Section 19 . That Section 2-428 of the City Code pertaining to the duties and functions of
the Transportation Board, is hereby amended so as to read in its entirety as follows :
Sec. 2428. Functions.
The duties and functions of the board shall be :
( 1 ) tTo advise the City Council on matters pertaining to the city's
transportation policies and system including, but not limited to,
transportation planning, alternative modes planning (including bikeways,
pedestrian facilities, transit, air transportation, and van and car pooling),
capital improvement projects, downtown parking management, and other
transportation issues as identified in the board work plan;
(2) Additionally, the board st To review the city's interaction with federal,
state and county government, as well as North Front Range Transportation
and Air Quality Planning Council, Colorado State University, and Poudre
R- 1 on transportation-related issues ;
(3 ) To provide input to the city decision maker, as referenced in Section 2 .4 .2
of the Land Use Code, with regard to the application of Division 3 . 6 of the
Land Use Code to any development plan that is subject to a public hearing
and that the board believes may affect transportation in the city.
(4) To perform such other duties and functions and have such other powers as
provided by the City Council .
Section 20 . That Section 2-438 of the City Code pertaining to the duties and functions of
the Water Board, is hereby amended so as to read in its entirety as follows :
Sec. 2-438. Functions.
(a) The board shall make recommendations to the City Council concerning
stormwater facilities in the city. The board shall recommend to the City Council the
appropriate division of the city into separate drainage basins . These basins shall
separately fund the stormwater facilities to be installed to serve each basin. The
board shall recommend the facilities needed for each basin to provide adequate
stormwater drainage in the basin. Such recommendations shall include the following
for each drainage basin:
( 1 ) The facilities to be installed;
(2) The time and schedule for installation of facilities ;
(3 ) The method of assessing costs of facilities to be installed against property
in the basin; and
(4) The portion of the cost of facilities to be funded by the property in the
basin and the portion, if any, of such cost which should be paid by the city
as a whole.
(b) Before making a recommendation for any stormwater project, the board
shall analyze the project and compare the total benefits to be achieved with the
anticipated cost of the project. Projects shall be recommended if the analysis
indicates that the total benefits are greater than the cost of the project.
(c) The board shall review and make recommendations to the City Council on
a master drainage plan to be developed for stormwater facilities by the city
administration. Such recommendations shall include proposed methods of funding
any master drainage plan as finally approved.
(d) The board shall consider all variances and appeals from the application of
the provisions of the provisions of Chapter 10 of this Code, Flood Prevention and
Protection.
(e) The board shall hear the petition of any owner or owners of property in the
city who dispute the amount of the stormwater utility fee or stormwater basin fee
made against such owner's property or who dispute any determination made by or on
behalf of the city pursuant to and by authority of Chapter 26, Article VII of this Code
and shall make such revision or modification of such charge or determination as it
shall deem appropriate in accordance with § 26-520 .
(f) The board shall make recommendations to City Council regarding policy
or technical matters related to stormwater management. The board shall make
comments on policy items prepared by other city departments .
(g) The board shall hear the petition of any owner or owners of property in the
city who dispute or seek a variance in the city's " Storm Drainage Design Criteria and
Construction Standards . "
(h) Final decisions of the board under Paragraphs (d), (e) and (g) of this
Section shall be subject to the right of appeal to the City Council as set forth in
§ 2-46 et seq.
(i) The board shall advise the City Council in policy matters pertaining to the
water, wastewater and stormwater utilities including, without limitation, those policy
issues described in § 2-436(b)( 1 ), (3) and (4) .
0 ) The board shall also perform such other duties and functions and have such
other powers as may be provided by ordinance of the City Council .
(k) To provide input to the city decision maker, as referenced in Section 2 .4 .2
of the Land Use Code, with regard to any development plan that is subject to a public
hearing and that the board believes may affect the provision of water, wastewater
and/or stormwater utility services in the city.
Section 21 . That Section 2-446 of the City Code pertaining to the duties and functions of
the Youth Advisory Board, is hereby amended so as to read in its entirety as follows :
Sec. 2-446. Functions.
The board shall have the following functions :
( 1 ) To gather information from, and otherwise communicate with, other
groups, organizations and agencies regarding youth-oriented issues and
problems .
(2) To document and discuss issues of importance to youth in the Fort Collins
community, specifically as they affect city-operated services.
(3 ) To review and discuss legislation that may affect youth.
(4) To recommend to City Council local legislation and policy actions or
changes which would enhance the status of youth in the Fort Collins
community; and
(5 ) To provide input to the city decision maker, as referenced in Section 2 .4 .2
of the Land Use Code, with regard to any development plan that is subject
to a public hearing and that the board believes may affect youth of the city.
Section 22 . That Section 2-453 of the City Code pertaining to the duties and functions of
the Zoning Board of Appeals, is hereby amended so as to read in its entirety as follows :
Sec. 2453 . Functions.
The board shall have the following powers and duties :
( 1 ) To hear and decide appeals from and review any order, requirement,
decision or determination made by an administrative official charged with
enforcement of the regulations established by the Land Use Code or, if
applicable, Articles I through IV of the Transitional Land Use Regulations
in accordance with the provisions of Division 2 . 10 of the Land Use Code .
(2) To authorize upon appeal in specific cases, and in accordance with the
provisions of Division 2 . 9 of the Land Use Code, variances from the terms
of Articles 3 and 4 of the Land Use Code or, if applicable, Chapter 29,
Articles I through IV of the Transitional Land Use Regulations ; and
(3 ) To provide input to the city decision maker, as referenced in Section 2 .4 .2
of the Land Use Code, with regard to any development plan that is subject
to a public hearing and that the board believes may affect zoning
enforcement in the city.
Section 23 . That Section 21 -28 of the City Code pertaining to the duties and functions of
the Personnel Board shall be amended so as to read in its entirety as follows :
Sec. 21 -28. Functions.
The board shall have the following functions :
( 1 ) To advise the City Manager on matters of personnel policies and
problems ; and
(2) In accordance with applicable administrative policy, to hear appeals
from any decision of a Service Director regarding employment
actions if requested to do so by the affected employee and, upon
completion of the appeal process, to forward findings and
recommendations to the City Manager.
(3 ) To provide input to the city decision maker, as referenced in
Section 2 .4 .2 of the Land Use Code, with regard to any
development plan that is subject to a public hearing.
Introduced and considered favorably on first reading and ordered published in summary form
this 18th day of January, A.D . 2005 , and to be presented for final passage on the I st day of February,
A .D . 2005 .
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading this 1 st day of February, A . D . 2005 .
Mayor
ATTEST :
City Clerk
ITEM NUMBER: 18
AGENDA ITEM SUMMARY DATE: January 18, 2005
FORT COLLINS CITY COUNCIL STAFF: Tom Vosburg
SUBJECT
First Reading of Ordinance No. 004, 2005, Amending the Duties and Functions of Certain
Boards and Commissions so as to Allow such Boards and Commissions to Provide Input to the
Decision Maker Regarding Project Development Plans.
RECOMMENDATION
Staff recommends that Council adopt Option 2 (Complimentary Review) of Ordinance No. 004,
2005 on First Reading for the Landmark Preservation Commission and for any of the other
boards and commissions whose duties should, in Council's opinion, be expanded. If Council
instead adopts Option 1 (Advise the Decision Maker) of the Ordinance, staff recommends
Administrative Option A be used to support the boards and commissions in that process. If
Council wishes to expand the duties and functions of some, but not all, of the boards and
commissions listed in the Ordinance }tsoul el e t s cts of the Ordinance that amend
the duties and functions of th4oards arld comrttisst ngi'n qu 1on.
EXECUTIVE SUMMARY
Council gave staff direction at the October 26, 2004 Study Session to bring forward for Council's
consideration ordinances and other materials that would provide options for expanding the role
of certain City boards and commissions in the development review process.
This item does the following: (1) it identifies five boards and commissions that would be
authorized to become involved in the development review process; (2) it presents Council with
two optional amendments to the duties and functions of those boards and commissions; and (3) it
provides two administrative alternatives as to how Option 1 of the Ordinance should be
implemented by City staff if that is the version of the Ordinance that Council selects.
Council should decide which, if any ofethe ,boards' and4commissions listed in the ordinance
should be given a role in theNpiomftim6ritawd
xelopmept reviewiprocess, And-then indicate which, if either, of
the optional ordinances to at. Boi opns ould emRower the Landmark Preservation
Commission (LPC) to provides gn review',to applicants under Chapter 14 of
the City Code.
If Option 1 of the Ordinance is adopted, Council should also give direction to staff, by motion,
as to how staff should support the boards and commissions that are authorized to become
involved in the development review process. The administrative model chosen by Council will
then be reflected in revisions to the City's Development Manual.
January 4, 2005 -2- Item No. 18
BACKGROUND
Currently, the scope of offici duri s Ithelfa
urds or commissions are each
separately defined in the City ode sec ob tsh each board or commission. If a board
or commission acts within the o e ,f i officiauties, itsxtembers are protected by the City
against legal challenges. However, if they act outside the scope of their official duties, the City
is not obligated to indemnify them against any legal actions that may arise from their actions.
The City of Fort Collins has twenty-six separate boards and commissions, but only a few were
suggested for consideration of being given an expanded role in development review. These few
boards or commissions are those whose duties most directly relate to the physical characteristics
of the community:
• Natural Resources Advisory Board,
• Transportation Board,
• Air Quality Advisory Board,
• Affordable Housing Board, and,
• Landmark Preservation Commission.
These are the boards and com "ssions t at are cl e n ance.
Issues
Proponents of providing a development review role for policy advisory boards offer several
reasons to support the change, including:
• The Land Use Code includes provisions for granting modifications and variances to
defined standards the policy boards helped develop; therefore, these boards would
have a chance to comment if the standard is being modified;
• Some members of policy boards have significant special expertise that may benefit
the project and review process;
• Involvement of policy boards at an early stage of the project may identify and resolve
issues that might otherwise result in greater costs and delays (such as having the
project appealed to Co uf b d m_ ers no ware of the project until
much later in the review rocess•
• Policy board members r en 'm 'rta elesr of the community and these
values should be reflected in the review process;
• Policy board involvement could provide a means to help ensure the consistency and
quality of staff review work.
Opponents of providing a development review role for advisory boards offer several reasons to
oppose the change, including:
January 4, 2005 -3- Item No. 18
• Policy boards are appointed to advise Council on development of policy and this
legislation — this function should be kept separate from the quasi-judicial
development review process where regulations are applied to specific projects;
ri.
• Adding additional boards to the revi roc ss r es the complexity of the
review process and ha he potential toad Increase taff support costs and project
delays; 1 t>,.
• There is no assurance that policy board members have the appropriate skills and
expertise to provide consistent review comments on projects;
• Policy boards are often perceived to be aligned with certain distinct values sets in the
community, and their involvement has the potential to unduly politicize the review
process.
The significance of each of these arguments for and against providing policy boards an expanded
role in the development review process may depend in part on the administrative model used to
support such an expanded role.
Code Changes
Ordinance No. 004, 2005 would ame e du s nd Nberne
if each of the above-referenced
boards and commissions m o: er to atgthonz thgm to involved in the development
review process. y'
Option 1 of the Ordinance would authorize board and commission review of all project
development plans and would allow each affected board or commission to make
recommendations to the Director of Community Planning and Environmental Services or the
Planning and Zoning Board (the Decision Maker in Type 1 and Type 2 reviews) regarding any
issues or concerns raised by a particular project development plan.
Option 2 of the Ordinance would not afford the boards and commissions an opportunity to make
recommendations to the Director or the Planning and Zoning Board regarding a project
development plan. Instead, it would authorize the boards and commissions to provide feedback
directly to any applicant regarding that applicant's project development plan if the board or
commission was requested to provide such feedback by either the applicant or by City staff.
Administrative Options
At the October 26, 2004 Stud ession, taff i t e vario administrative models that would
provide support for providing policy-boa ds.an ex. nded rol development review. If Council
adopts Option 1 of the Ordinance (which would allow boards or commissions to make
recommendations to the Decision Maker regarding project development plans), then two
administrative options exist:
January 4, 2005 -4- Item No. 18
Administrative Option A:
• The board or commission would receive notice of all new development projects and
could attend neighborho d-mtin s
• Board and commissions memb cou s projec information from the project
planner or the applicantes neighbdrhoo res dents can,
• No additional staff support or project review activities would be provided to the
board or commission by City staff;
• Board members could make a formal recommendation to the Decision Maker at the
public hearing on the plan.
Administrative Option B - same as Administrative Option 1 excel
• Staff would identify the project development plans that would likely be of interest to
each board or commission and send notice to the boards and commissions only of
those plans;
• A majority of board member co Id re ue mth t other p ojects be brought for board
or commission review;i
If Option 2 of the Ordinance is adopted, flenatie administrati process would be as follows:
• Staff or applicant could elect to bring a specific project to the policy board for
complimentary review;
• Board or Commission review would be informal;
• Staff and/or applicant could incorporate board or commission advice at their
discretion;
• No formal communication by board or commission directly to the Decision Maker.
These options are outlined greater in detail in the Options Matrix contained in Attachment 1.
Board and Commission RecommenIat' ns,.
Staff reviewed this issue and those options wit n er of ards.
The Planning and Zoning Board recommended no change from existing practice.
The Natural Resources Advisory Board Recommended Option 1 of the Ordinance with
Administrative Option B.
The Air Quality Advisory Board recognized that the Land Use Code does not contain any project
specific air quality standards by which the Board could evaluate projects; as a result, there is not
January 4, 2005 -5. Item No. 18
an appropriate role for the Air Quality Advisory Board in the development review process.
However, the Board indicated that it would be of value for other boards, such as the NRAB, to
have a role in the process. The Board also expressed a desire to develop site specific air quality
standards to be included in the nd�> sC
Transportation Boardmember indicatyPrdke t have a role in the development
review process, and recommen ed=Op�i ance ith Administrative Option A.
The Affordable Housing Board recommended no change to existing practices, not only with
regard its own involvement in the development review process, but also that of all other policy
boards.
The Landmark Preservation Commission recommended adding the development review function
to its official duties (Option 2). At its September 28, 2004, study session, Councilmembers
specifically discussed the roles and responsibilities of the Landmark Preservation Commission
and indicated their support for amending the Commission's duties and functions to allow staff to
seek comments from the LPC on projects involving historic properties reviewed under the Land
Use Code (e.g. Option 2). The LPC is unique among the City's boards and commissions as the
only board with specific requirements for a certain level of expertise in architecture, historic
preservation, or related disciplines. These requirements result from the City's status as a
federally Certified Local Gove me t. n�additi ; t e ife
-the only quasi-judicial board
being considered for expan fed de pmen` ie fons and is very familiar and
comfortable with the roles, p ocedure and rg ions Land Use Code pertaining to
historic preservation. The LPecommended a ding the-development review function to its
official duties.
Staff Recommendation
At the October 26, 2004 Study Session, staff recommended no change from existing practices.
At present, staff recommends adding the development review function (Option2) to the duties of
the Landmark Preservation Commission.
Additionally, if Council wants to provide an expanded role for any of the boards listed above;
staff recommends that Option 2 of the Ordinance be adopted and that the same administrative
model (Option A) be used for all affected boards and commissions.
ATTACHMENTS
1. Revised Administrative Op s at S1,a d uary 12, 905