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HomeMy WebLinkAboutMINUTES-12/02/1997-RegularDecember 2, 1997 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:00 p.m. An regular meeting of the Council of the City of Fort Collins was held on Tuesday, December 2, 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: Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. Councilmembers Absent: Azari. Staff Members Present: Fischbach, Krajicek, Roy. Presentations Fort Collins Rotary members Ken Stevens, Judy Robinson, and Brenda Carps recognized approximately 75 young people for participating in the Rotary Read Fort Collins program. City Manager John Fischbach stated there were no changes to the Agenda as published. CONSENT CALENDAR Second Reading of Ordinance No. 182 1997. Establishing a New Chanter of the City Code to be Numbered Chanter 29 and Entitled "Zoning(Land Use Regulations". Section 1.7.1 of the Land Use Code explains that the Land Use Code, even though it is not a numbered chapter of the Code of the City, is a part of the Code with the same legal significance as though it were a numbered chapter. Ordinance No. 182 1997, which was unanimously adopted on First Reading on November 18, 1997, adds a new Chapter 29 of the Code to specifically incorporate the Land Use Code. Second Reading of Ordinance No. 183, 1997_ Appropriating Prior Year Reserves in the Sales and Use Tax Fund for Reimbursement to the Storm Drainage Fund for the Purchase of the Old Colorado and Southern Freight Depot Site. On December 20, 1994, Council adopted Resolution 94-211 which authorized the purchase of the Old Colorado and Southern Freight Depot (Old Depot) site located at 135 LaPorte 217 December 2, 1997 Avenue. Storm Drainage funds in the amount of $690,000 were used to purchase the Old Depot site with the intent to restore the building and utilize it for office space for the Stormwater Utility. Resolution 94-211 also stated that the Storm Drainage Fund would be reimbursed by January 31, 1997 for the cost, including interest, of acquiring any portion of the property which, according to the then current plans for the property, will not be used for Stormwater Utility purposes. Resolution 97-61 extended the time allowed for reimbursement from January 31, 1997 to December 31, 1997. In late 1996, it was decided that the Stormwater Utility would relocate to the Utility Services Center at 700 Wood Street rather than use the Old Depot for office space. The value of the property at that time plus interest from the purchase date totals $821,363. The Old Town Drainage Master Plan includes acquisition of drainage easements in Block 32 and Block 33. Block 32 and Block 33 have been purchased or are under contract by the City with monies from the General Fund. The amount of credit to the General Fund for the acquisition of drainage easements by the Stormwater Utility amounts to a total of $246,601, leaving a balance to be reimbursed to the Storm Drainage Fund of $574,762. This Ordinance was unanimously adopted on First Reading on November 18, 1997 and appropriates funds for the purchase of the Old Colorado and Southern Freight Depot site. A. Second Reading of Ordinance No.184, 1997, Annexing 9.39 Acres, Known as the Spradley-Barr Annexation. B. Second Reading of Ordinance No. 185, 1997, Zoning 9.39 Acres, Known as the Spradley-Barr Annexation, into the C - Commercial Zoning District. On November 18, 1997, Council unanimously adopted Resolution 97-151 Setting Forth Findings of Fact and Determinations Regarding the Spradley-Barr Annexation and Zoning. On November 18, 1997 Council also unanimously adopted Ordinance No. 184, 1997 and Ordinance No. 185, 1997, which annex and zone 9.39 acres located on the west side of South College Avenue, south of Harmony Road and the Arbor Plaza Shopping Center, and north of the former Fossil Creek Nursery. The Burlington Northern Railroad is adjacent along the west property line. The requested zoning is C - Commercial. The property is developed, containing a large building, having been the headquarters for Poudre Valley REA for many years. The Spradley-Barr Automobile Dealership that currently operates at the southwest corner of South College Avenue and Drake Road is developing an automobile sales business on the site, utilizing almost all of the existing improvements. The property is in the Business and Commercial Zoning Districts in Larimer County. This is a 100% voluntary annexation. 218 December 2, 1997 10. Second Reading of Ordinance No 186 1997 Rezoning Approximately 14 35 Acres Known as the O'Donnell Rezoning from the T Transition Zone. to the MMN M dium-D n ity Mixed -Use Neighborhood Zone This Ordinance, which was unanimously adopted on First Reading on November 18, 1997, rezones approximately 11.96 acres located south of West Drake Road and east of Taft Hill Road from the T, Transition, Zoning District to the MMN, Medium -Density Mixed -Use Neighborhood, Zoning District. Staff would like to extend the rezoning request to include the existing Georgetown Townhomes development which was also placed into the T Zone in March 1997, to bring the total amount of land to be rezoned to 14.35 acres. 11. Second Readinp- of Ordinance No. 187- 1997 Appropriating Unanticipated Revenue from the Colorado Diyision of Criminal Justice for the Fort Collins Police Services Larimer County Multi -Jurisdictional PrQiect, For the past ten years, Fort Collins Police Services has applied to the Colorado Division of Criminal Justice for federal drug grant monies to help fund investigation of illegal narcotics activities. This year Fort Collins once again joined with the Loveland Police Department, Larimer County Sheriffs Department and Colorado State University Police Department in one application for funding for the multi -jurisdictional task force to be administered by the City of Fort Collins. As administrator of the 1997-1998 grant, Police Services will assure funding to the other participating agencies for their share of the federal funds. The City has recently received notification of a grant award in the amount of $209,846. The participating agencies will be providing matching funds in the amount of $209,847. Fort Collins' portion of the match is $100,424, which is met through application of the budgeted salary and fringe benefits of an existing officer and Secretary III, who are assigned to the drug task force via the Special Investigations Unit (SIU). Additionally, the Larimer County Sheriffs Department and Loveland Police Department are each contributing $15,000 to complete the funding of a Fort Collins Police Lieutenant to manage the project. This Ordinance, which was unanimously adopted on First Reading on November 18, 1997, appropriates the $209,846 in new federal grant money received in connection with the program. 12. Second Reading of Ordinance No 188 1997 Granting a Sewer Line Easement to the South Fort Collins Sanitation District Granting Storm Drainage Easements to the James Construction Co. Inc.- Vacating a Portion of a Grant of Easement for Conservation and Accepting a New Conservation Easement in Connection with Stanton Creek 1 st Filing, This Ordinance, which was unanimously adopted on First Reading on November 18, 1997, vacates a portion of a conservation easement in exchange for the acceptance of a parcel of land to be included in the existing conservation easement. It should be noted that the parcel 219 December 2, 1997 of land being accepted as a conservation easement is adjacent to the existing conservation easement and has been deemed by Natural Resources to be of equal value to the vacated portion. These easements are required for the Stanton Creek development at the Southeast corner of Lemay Avenue and Trilby Road, which went to a Type 1 Administrative Hearing on November 3rd. The Fort Collins -Loveland Water District is requesting a permanent, underground waterline easement totaling 2.367 acres from Highway 287 across the Provincetowne property to LeMay Avenue. The District is also requesting a temporary construction easement of approximately 4 acres for the same area. These easements are needed to provide increased service to the Provincetowne development and other developments in the surrounding area. They need to be completed so the City's closing on the first parcel to be conveyed to PrideMark can be completed. Staff from the Finance Department and Facilities Department have reviewed the proposed easement locations. The easements head east from Highway 287 to the north edge of Benson Reservoir, follow the northern edge of the Reservoir and then proceed east -south-east across the property. Most of this area will be part of the City's open space once the land transactions are final. Staff estimates the value of the permanent easement to be approximately $18,000. This Ordinance, which was unanimously adopted on First Reading on November 18, 1997, authorizes the City Manager to negotiate a price for the easements, based upon the fair market value of the property, adjusted to reflect the benefits to be gained by the City, if any, from granting the easements. This Ordinance, which was unanimously adopted on First Reading on November 18, 1997, addresses those issues identified on the Land Use Code Advisory Committee (LUCAQ Work Plan for which LUCAC has developed consensus recommendations. Numerous other minor code clarifications and revisions identified by staff are also proposed. 15. Second Reading of Ordinance No, 191, 1997 Amending Section 3 5 2 of the Land Use Code Regarding Residential Building Standards for Garages. This Ordinance was unanimously adopted on First Reading on November 18, 1997. It states that any or all homes could have a garage that protrudes beyond the front face of the house up to 8 feet, if the garage was also recessed from a covered porch by at least 4 feet. Homes 220 December 2, 1997 that had recessed or otherwise non -protruding garages would not be required to have a covered porch. This ordinance does not include a required ratio of recessed versus protruding garages, so there would is no need to designate what kind of garage is permitted on each lot on the site plan. 16. First Reading of Ordinance No 192 1997 Designating the Armstrong Hotel 249-261 South College Avenue 14 of the Code and 102-106 West Olive Street as a Local Landmark Pursuant to Cha tamer of the City of Fort Collins. The owner of the property, Old Town Hotels, LLC, is initiating this request for Local Landmark designation for the Armstrong Hotel. The building is significant for both its architectural and historical importance. It is an outstanding example of early Twentieth Century hotel architecture and retains excellent physical integrity. It is also historically significant for its direct association with the boom in automobile tourism, as well as for its association with the development of the College Avenue commercial district of Fort Collins. Ordinance No. 193, 1997, dedicates to Wonderland Hill Development Company four (4) easements on Lee Martinez Park property that are necessary for the development of Martinez PUD, which was approved by the Planning and Zoning Board on November 6, 1997. 18. Resolution 97-152 Approving an Intergovernmental Agreement with the Colorado Department of Transportation Providing for the Operation and Maintenance of Traffic Crosswalks Stop ;Signals. Highways and Bars Signs and Pavement Markings That Are on State Within or Adjacent to the City Limits The State of Colorado currently reimburses the City of Fort Collins for the operation and maintenance of 47 traffic signals, 85 crosswalks, stop bars, and 7.4 miles of signs and pavement markings. During the five year contract period, traffic signals, crosswalks and stop bars can be added to the contract by submitting a Task Order Letter. Self -Sufficiency e Program. This Resolution would authorize the City Manager to enter into a contract with Project Self - Sufficiency ("PS-S") that would permit PS-S to use the City's Fleet Services facilities for its Volunteer Car Repair Program. 221 December 2, 1997 The Volunteer Car Repair Program will help single parent families become more independent and free from government assistance. PS-S, a private, nonprofit organization, was established to assist in developing a self-sufficiency action plan for single parents that includes specific steps to goal accomplishment. Services provided by PS-S are wide ranging, and include this Program, which is intended to assist PS-S program participants in meeting their own transportation needs. 20. Routine Easement. A. Deed of Dedication for Storm Drainage Easement from Bayberry Development L.L.C. to grant an easement for a drainage channel on Lot 14 of the Greenbriar Village P.U.D. Third Filing. Monetary consideration: $10. Items on Second Reading were read by title by City Clerk Wanda Krajicek. 7. Second Reading of Ordinance No 182 1997 Establishing a New Chapter of the City Code to he Numbered Chapter 29 and Entitled "Zoning/Land Use Regulations" Second Reading of Ordinance No 183 1997 Appropriating Prior Year Reserves in the Sales and Use Tax Fund for Reimbursement to the Storm Drainage Fund for the Purchase of the Old Colorado and Southern Frei hg t Depot Site, A. Second Reading of Ordinance No.184, 1997, Annexing 9.39 Acres, Known as the Spradley-Barr Annexation. B. Second Reading of Ordinance No. 185, 1997, Zoning 9.39 Acres, Known as the Spradley-Barr Annexation, into the C - Commercial Zoning District. 10. Second Reading of Ordinance No. 186 1997- Rezoning Approximately 14,35 Acres Known as the O'Donnell Rezoningfrom •Zone,• the NRVIN Medium -Density Second 222 December 2, 1997 12. Second Reading of Ordinance No. 188 1997, Granting a Sewer Line Easement to the South Fort Collins Sanitation District Granting Storm Drainage Easements to the James Construction Co. Inc., Accepting a New Conservation Vacating a Portion of a Grant of Easement for Conservation and Easement in Connection with Stanton Creek 1 st Filing. 13. Second Reading of Ordinance No 189, 1997 Granting a Non -Exclusive. Permanent Easement and a Temporary Construction Easement to the Fort Collins -Loveland Water District for an Underground Waterline Across the Southern Portion of the City'-5 Provincetowne Special Improvement District Pro =y. 14. Second Reading of Ordinance No. 190, 1997 Repealing and Reenacting the Land Use Code 15. Second Reading of Ordinance No 191 1997 Amending Section 3.5.2 of the Land Use Code Regarding Residential Building Standards for Garages A. Second Reading of Ordinance No. 167, 1997, Annexing Property Known as the Overland Trail 3rd Enclave Annexation. B. Second Reading of Ordinance No. 168, 1997, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Overland Trail 3rd Enclave Annexation. (Options 1 and 2) Items on First Reading were read by title by City Clerk Wanda Krajicek. 16. First Reading of Ordinance No. 192 1997 Designating the Armstrong Hotel 249-261 South College Avenue and 102-106 West Olive Street as a Local Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. 100=1111,01TIVU11174UMM- two 24. First Reading of Ordinance No. 194- 1997 Amendiniz Section 2-581 of the City Code and Setting the Compensation of the City Attorney. 25. First Reading of Ordinance• .. Amending • 96 of the City Code Setting the Compensation of the City Manager, 26. First Readina of Ordinance No 196. 1997. Amendiny Section 2-606 of the City Code and Setting the Compensation of the Municipal Judge. 223 December 2, 1997 Councilmember Bertschy made a motion, seconded by Councilmember Wanner, to adopt and approve all items not removed from the Consent Agenda. Yeas: Councilmembers Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. City Manager John Fischbach reported on the number of flood related claims filed with FEMA and reported on the amount of money already received by the federal and state government. Councilmember Reports Councilmember Kneeland reported the Health and Safety Committee met and reviewed the status of the Human Rights Ordinance, stating a public forum would be held on December 3, 1997. She stated the Committee is also continuing to review the Youth Access to Tobacco products issue and ways to help the alternative high schools address the issue. Councilmember Bertschy reported the Governance Committee met and reviewed evaluations of the recent mail ballot election. He state the Natural Resources Advisory Board and the Parks and Recreation Board would be meeting to discuss the proposed prairie dog policy. Mayor Pro Tem Smith noted that with the adoption of the Consent Agenda, Council adopted the Project Self-sufficiency Volunteer Car Repair Program item and encouraged business owners to participate in the Program. Items Relating to the Overland Trail 3rd Enclave Annexation and Zoning, Adopted on Second Reading, The following is staffs memorandum on this item. "Executive Summary A. Second Reading of Ordinance No. 167, 1997, Annexing Property Known as the Overland Trail 3rd Enclave Annexation. B. Second Reading of Ordinance No. 168, 1997, Amending the Zoning District Map of the City of Fort Collins and Classing for Zoning Purposes the Property Included in the Overland Trail 3rd Enclave Annexation. (Options I and 2) On October 21, 1997, Council unanimously adopted Resolution 97-146 Setting Forth Findings of Fact and Determinations Regarding the Overland Trail 3rd Enclave Amnexation and Zoning. 224 December 2, 1997 Also on October 21, 1997, Council unanimously adopted Ordinance No. 167, 1997, and Ordinance No. 168, 1997, annexing and zoning this enclave area which is approximately 4.63 acres is size, generally located on the west side of South Overland Trail, on the south side of Prospect Road (extended), between Prospect Road and Palm Court (directly south of the developing Ponds at Overland Trail project). The portion of the site adjacent to Overland Trail is currently used as an outdoor storage yard for trailers, autos and RVs which is an illegal use in the FA-1 County zone district. The section of the area to the west of the property is used for grazing and pasture, which is a permitted use in the FA-1 County zone district. The proposed zoning for this annexation is MMN-Medium Density Mixed -use Neighborhood, and outdoor storage is not permitted in this zone district. The storage use would remain an illegal use under the proposed City zoning and will be subject to an abatement period during which time the property must be brought into compliance with the City's regulations. The property owner requested the T-Transition zone district in a letter dated October 15, 1997. On October 21, 1997, upon first reading of Ordinance 168, 1997, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Overland Trail 3rd Enclave Annexation, members of Council approved the Ordinance as amended to zone the property T-Transition zone district, with the condition that the outdoor storage use not be permitted nor the existing fence as they are both in violation of the Land Use Code. On November 4, 1997, the property owner requested that the second reading of the zoning ordinance be postponed thirty (30) days to allow additional time for the property owner and staff to further discuss the proposed zone district for the property. (A meeting was held between City staff, the property owner, and the property owner's legal representative on November 6, 1997.) At this same Council hearing, .staff recommended that second reading of the annexation ordinance also be continued as well, based upon an interpretation of the Land Use Code that states if the zoning of a property is not determined at the time of annexation, the property automatically is zoned T- Transition. Therefore, in the absence of another zoning designation the property would be zoned T-Transition, and a rezoning of the property would need to occur prior to the approval of any development proposals. Option I of Ordinance No. 168, 1997, would place the entire property in the T-Transition District. Option 2 would place the property in the MMN-Medium Density Mixed -Use Neighborhood District. Planning and Zoning Board Recommendation On October 2, 1997, the Planning and Zoning Board voted 6-0 to recommend that the City Council approve the Overland Trail 3rd Annexation with the zoning recommended by staff (MMN). Staff Recommendation Staff recommends adoption of Option 2 of the zoning ordinance on second reading. This would place the property in the A191flV Zoning District and would allow for a number of different uses that 225 December 2, 1997 would be compatible with existing development in the area as well as the City's Comprehensive Plan. Any particular proposals submitted by the property owners would be subject to review as provided in the Land Use Code. If a request for conditional approval of an Overall Development Plan were submitted, that request would be reviewed and considered by the Planning and Zoning Board, and staff would formulate a recommendations at that time, based upon the perceived merits of the proposal and staff's interpretation of the applicable provisions of the Code. Rex Miller, 3833 Spruce Drive, withdrew his previous request that the property be zoned T- Transition and supported staff s recommendation for MMN zoning. Councilmember Kneeland made a motion, seconded by Councilmember Mason, to adopt Ordinance No. 167, 1997 on Second Reading. Yeas: Councilmembers Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Mason made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 168, 1997 on Second Reading, Option 2. Yeas: Councilmembers Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. Yre"Au(iWi iM(W1_\c7,�I�i�l Ordinance No. 194, 1997 Amending Section 2-581 of the City Code and Setting the Compensation of the City Attorney. Adopted on First Reading. The following is staffs memorandum on this item. "Executive Summm City Council met in Executive Session to conduct the performance appraisal of City Attorney Steve Roy. This Ordinance establishes the 1998 salary and compensation of the City Attorney. BACKGROUND: City Council is committed to compensating employees in a manner which is fair, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. In order to accomplish this goal the City Council and the City Attorney meet once a year to discuss last year's performance and set goals for the coming year. 226 December 2, 1997 In 1997, the Total Compensation paid to the City Attorney included the following: SALARY AND BENEFITS ANNUAL NON -MONETARY BENEFITS Base Salary $ 92,169 Vacation (25 days per year) Medical Insurance 4,980 Holidays (11 days per year) Life Insurance 180 Long Term Disability 267 Dental Insurance 260 Pension - ICMA 401(a) and 457 11,982 - FICA 5,391 Total Monetary Compensation $115,229 Human Resource Director Jaime Mares stated he was available to answer Council questions. Councilmember Mason made a motion, seconded by Councilmember Byrne to adopt Ordinance No. 194, 1997 on First Reading inserting the base salary figure of $96,317 and a total compensation of $120,506 reflecting a 4 '1/2% increase. Councilmember Kneeland commented on the many accomplishments made by the City Attorney's office in 1997 and thanked the Mr. Roy for his efforts. Mayor Pro Tern Smith spoke in support of the motion The vote on Councilmember Mason's motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. 1r:IIIMyf y1r91,c IR=- p Ordinance No. 195, 1997 Amending Section 2-596 of the City Code and Setting the Compensation of the City Manager Adopted on First Reading The following is staff s memorandum on this item. "Executive Summary City Council met in Executive Session to conduct the performance appraisal of City Manager John Fischbach. This Ordinance establishes the salary and compensation provided the City Manager. 227 December 2, 1997 BACKGROUND: City Council is committed to compensating employees in a manner which is fair, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. In order to accomplish this goal the City Council and the City Manager meet once a year to discuss last year's performance and set goals for the coming year. In 1997, the Total Compensation paid to the City Manager included the following: SALARYAND BENEFITS ANNUAL NON -MONETARY BENEFITS Base Salary $108, 298 Vacation (25 days per year) Medical Insurance 4,980 Holidays (11 days per year) Life Insurance 211 Long Term Disability 314 Dental Insurance 260 Pension - ICMA 401(a) and 457 14,079 - FICA 5,625 Total Monetary Compensation $133, 767 Councilmember Wanner made a motion, seconded by Councilmember Byrne, to adopt Ordinance No. 195, 1997 on First Reading inserting the base salary figure of $113,171 and a total compensation of $139,878. Councilmember Wanner thanked Mr. Fischbach for his hard work and efforts during and after the flood and the implementation of City Plan. He believed he showed a great deal of management ability. Councilmember Byrne spoke of the difficulties that Council's direct employees face and manage on a daily basis. He thanked them for putting the citizens interests first and foremost and thanked them all for their services. Councilmember Bertschy spoke of the difficulty involved with managing a City and thanked Mr. Fischbach for his strong leadership and hard work. Mayor Pro Tem Smith thanked Mr. Fischbach for his interest and dedication in performing his job. 228 December 2, 1997 The vote on Councilmember Warmer's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Ordinance No. 196, 1997 Amending Section 2-606 of the City Code and Setting the Compensation of the Municipal Judge, Adopted on First Reading The following is staffs memorandum on this item. "Executive Summary City Council met in Executive Session to conduct the performance appraisal of Municipal Judge Kathleen M. Lane. This Ordinance establishes the 1998 salary of and compensation of the Municipal Judge. BACKGROUND: City Council is committed to compensating employees in a manner which is fair, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. In order to accomplish this goal the City Council and the Municipal Judge meet once a year to discuss last year's performance and set goals for the coming year. In 1997, the Total Compensation paid to the Municipal Judge included the following: SALARYAND BENEFITS ANNUAL NON -MONETARY BENEFITS Base Salary $67, 442 Vacation (25 days per year) Medical Insurance 4,980 Holidays (11 days per year) Life Insurance 132 Long Term Disability 196 Dental Insurance 260 Pension - ICMA 401(a) and 457 8,767 - FICA 5,032 Total Monetary Compensation $86,809 Councilmember Mason made a motion, seconded by Councilmember Kneeland, to adopt Ordinance No. 196, 1997 on First Reading inserting the base salary figure of $70,814 and a total compensation of $91,195. 229 December 2, 1997 Mayor Pro Tern Smith supported the motion and spoke of the importance and the difficulties Judge Lane encounters on a daily basis. The vote on Councilmember Mason's motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Resolution 97-154 Making Findings of Fact and Conclusions Regarding the Appeal of a Decision of the Planning and Zoning Board Relating to Building Permits for Lots 41 and 42 in the Fairbrooke Heights P.U.D., Adopted. The following is staff's memorandum on this item. "Executive .Summary On October 1, 1997 a Notice of Appeal of the September 18, 1997 decision of the Planning and Zoning Board to allow continued building construction on lots 41 and 42 in the Fairbrooke Heights P. U.D. was filed with the City Clerk by the Appellant Cheyrl Phinney, et al. On October 2, 1997 a Notice of Appeal of the September 18, 1997 decision of the Planning and Zoning Board regarding the allowed continued building construction on lots 41 and 42 in the Fairbrooke Heights P. U.D. decision was filed with the City Clerk by C and M Homes, Inc. On November 18, 1997, the City Council voted (3-1) to uphold the Planning and Zoning Board decision allowing the continued building construction on lots 41 and 42 in the Fairbrooke Heights P. U.D. In order to complete the record regarding these appeals, the Council should adopt a Resolution making findings of fact and finalizing its decision on the appeal. BACKGROUND: The Cheyrl Phinney Notice of Appeal was based on allegations that: "The Planning and Zoning Board failed to properly interpret and apply relevant provisions of the Code and Charter; " and, "The Planning and Zoning Board considered evidence relevant to its findings which was substantially false or grossly misleading; " and, "The Planning and Zoning Board improperly failed to receive all relevant evidence offered by the appellant. " The C andM Homes, Inc. Notice of Appeal was based on allegations that: 230 December 2, 1997 "The Planning and Zoning Board failed to properly interpret and apply relevant provisions of the Code and Charter. " At the November 18, 1997 hearing on this matter, the City Council considered the testimony of City Staff, the Appellants, and those who opposed the appeals. After considering the record on appeal and the presentations of the parties, the City Council determined that: the Planning and Zoning Board did not fail to properly interpret and apply the relevant provisions of the Code in deciding that it had jurisdiction to decide the appeal and that the appeal had been timely filed; and 2. the Planning and Zoning Board did not fail to conduct a fair hearing, nor did the Board fail to properly interpret and apply relevant provisions of the Code and Charter with regard to the City Manger's decision not to revoke the building permits for lots 41 and 42 in the Fairbrooke Heights P. U.D. For these reasons the City Council voted (3-1) to uphold the Planning and Zoning Board's decision regarding the allowed continued building construction on lots 41 and 42 in the Fairbrooke Heights P. U.D. " Councilmembers Byrne and Bentschy withdrew from discussion on this item because they were absent from discussion at the previous Council meeting. City Attorney Steve Roy briefly outlined the purpose for hearing this item and responded to Council questions stating the hearing has been concluded and this item formalizes Council decision. Councilmember Kneeland made a motion, seconded by Councilmember Mason, to adopt Resolution 97-154. Yeas: Councilmembers Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Resolution 97-155 Making Findings of Fact and Conclusions Regarding the Appeal of a Decision of the Building Review Board Relating to the Willow Springs North P.U.D. Apartment Community, Adopted The following is staffs memorandum on this item. "Executive .Summary On November 18, 1997, the City Council voted 3-2 to remand to the Building Review Board the case heard on appeal regarding a variance granted from certain building code provisions for housing 231 December 2, 1997 accessibility. In order to complete the record and to finalize its decision regarding this appeal, the Council should adopt a resolution making findings of fact and conclusions. BACKGROUND: At its September 25, 1997 meeting, the Building Review Board granted a variance to the applicant that would allow the construction of a 280-unit apartment complex meeting the accessibility provisions in the federal Fair Housing Act and in the national model building code known as the 1997 UNIFORM BUILDING CODE. However, the City's building code is based on the earlier, 1991 version of the "Uniform" code with local amendments, which contains more extensive accessibility standards, particularly in kitchens and bathrooms. The local code also imposes specific conditions tinder which the Building Review Board may grant variances related to accessibility. It narrowly prescribes that the applicant must demonstrate an "extraordinary hardship" based solely on geologic, topographic, or other atypical site conditions. Staff alleged the applicant did not demonstrate any such hardship, therefore rendering the Building Review Board's decision to grant the variance to be in error. The appeal to Council was filed by Mayor Azari because the only other party -in -interest is this case is the applicant, CECO Constructors. No other potential parties -in -interest were notified, resulting in no participation at the Building Review Board appeal by any other interested parties. As the Council's advisory body in such matters, the Commission on Disability historically has appeared and provided testimony at Building Review Board variance hearings involving accessibility issues. The Council voted 3-2 to remand the case to the Building Review Board in order that it may consider additional information and additional testimony from other parties -in -interest, including members of the Commission on Disability. " Councilmember Bertschy withdrew from discussion on this item due to being absent at the previous meeting. Councilmember Mason made a motion, seconded by Councilmember Wanner, to adopt Resolution 97-155. Yeas: Councilmembers Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. 232 The meeting adjourned at 6:50 p.m. ATTEST: r 1 1 . i, City Clerk Adiournment 233 December 2, 1997