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HomeMy WebLinkAboutMINUTES-01/17/1995-RegularJanuary 17,1995 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, January 17, 1995, at 6:30 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, McCluskey, and Smith. Councilmember Absent: Wanner. Staff Members Present: Jones, Krajicek, Roy. Citizen Participation Kelly Ohlson, 2040 Bennington Circle, expressed air quality concerns and asked that staff create an annual air quality report breaking out toxics, particulates, carbon monoxide, visibility and other pollutants to provide annual comparisons and projections. Becky Thorne, Pioneer Mobile Home Park, expressed concerns about the proposed relocation IPof Park residents. Mike Gavin, 2912 Michener Ct., spoke of the proposed tax initiative. He expressed process concerns relating to the proposal for a southwest community park and second sheet of ice. Mike Nicely, Pioneer Mobile Home Park, asked that a task force be appointed to investigate sites for a new mobile home park. Yolanda Nicely, Pioneer Mobile Home Park, asked for a site to relocate the mobile homes at the Park. Faun Meyer, expressed concern regarding the planning and development of the sports complex and ice arena. She stated funding is being requested from the voters for plans that are not complete. She asked that adequate planning be undertaken. Patrick Quadrel, 2837 Dixon Creek Lane, stated he found the citizen's petition very discouraging and stated Council should be setting the agenda. He asked Council to place an initiative on the ballot to get Fossil Creek Park built and not have it tied to this effort. He asked Council to place a revenue bond proposal to fund a second ice arena on the April ballot. 395 January 17, 1995 7 Sandy Lemberg, Poudre Canyon resident, asked Council to place the issue of purchasing Old Fort Collins High School for a City library facility on the April ballot. Brian Anderson, Pioneer Mobile Home Park, asked Council to take transportation needs into consideration when selecting a relocation site for Park residents. Marylou Hostetler, Pioneer Mobile Home Park, spoke of the Park as a diverse community and asked Council for a site to relocate Park residents. Michelle Ketch, Pioneer Mobile Home Park, asked for Council's help in finding a relocation site. Kathy Wiseman, Pioneer Mobile Home Park, asked that Park residents be kept together when relocated. Mark Combs, Pioneer Mobile Home Park, spoke of the age and condition of many of the mobile homes and asked for assistance in moving the trailers. Larry Vogel, 2906 Michener Ct., spoke of the southwest community park issue and asked that Council consider using that land for something other than an active community park. He stated the site is adjacent to a pristine piece of open space, Pineridge Open Space, and is unique in that it is up against the foothills.It deserves to be considered for something other than a recreational facility with lights and large buildings. He asked that a passive use be considered. Patrice Quadrel, 2837 Dixon Creek Lane, expressed concern about the southwest sports complex. She stated residents surrounding the area are concerned about noise, lights and traffic. Bruce Lockhart, 2500 E. Harmony Rd., stated that any land found to relocate the Pioneer Mobile Home Park will be out in the County not inside the UGA. Any other location will bring storms of protest from local homeowners. He stated this much early opposition to the southwest sports complex initiative suggests the measure will not pass. He asked proponents to withdraw the measure and come back with a cleaner proposal. Citizen Participation Follow -Up Councilmember Smith commented on the Old Fort Collins High issue. He stated the City has been working actively with the District to resolve the issue. Councilmember McCluskey stated that with regard to the southwest community park citizen's initiative, the community needs to recognize the good and bad of citizens being able to bring issues to the ballot box. One of the downsides is that because the City is not placing the issue on the ballot, the City is not.a player. The voters will make the decision on whether the measure passes. 396 IP January 17, 1995 Councilmember Kneeland.stated Councilmembers recognize the Pioneer Mobile Home Park is a community. She stated the Housing Authority Director is looking at opportunities and options for resolving the issue. She spoke of recent meetings on the southwest community park issue and stated it is a complex issue. She spoke of City Dialogue as a process to sort out the community's competing needs and interests. Councilmember Apt stated it is important to let the public know in a more accurate way what the current air quality situation is. He stated all Councilmembers are concerned about the future of the Pioneer Mobile Home Park. He stated the Poudre R-I liaison committee will be discussing the future of Old Fort Collins High. He stated making the building suitable for a City library will be costly and reminded that the decision on building use is ultimately the District's. Councilmember Janett encouraged Pioneer Mobile Home Park residents to create a task force to look for sites to relocate the Park. She stated that under Other Business, she will ask that staff annually prepare reporting information on the various pollutants. She stated the City has communicated very directly with the Poudre R-1 School District on the Old Fort Collins High reuse issue and reminded that the District owns the building and will be making the final decision. She stated the City has budgeted funds to conduct a feasibility study relating to locating the library at that site and reminded that funds are also budgeted for youth activities and recreation programs in the event the building is reused for something other than a library. IP Mayor Azari encouraged the residents of the Pioneer Mobile Home Park to go ahead with their plans to form a homeowners association. Resolving this issue will be an exercise in joint problem solving. Agenda Review Interim City Manager Jones pointed out that a revised Resolution 95-9 Making Appointments to the Citizen Advisory Panel for the Executive Search Process, Item No. 19, was in Council's packet. ***CONSENT CALENDAR*** This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar by the Public will be considered separately under Agenda Item #15, Public Pulled Consent Items. Second Reading of Ordinance No 2 1995 Authorizing the City of Fort Collins to Enter into a Farm Lease Agreement with Greg Walker. 397 January 17, 1995 On June 7, 1990, the Citypurchased a 160 acre parcel of land located approximately 2 miles P P PP east of I-25 along the Poudre River as a possible site for a proposed regional wastewater treatment plant. It was agreed at the closing of the sale of the property that the broker, Craig Harrison, would be given first right of refusal of any offer made.to the City to rent the property, or any section thereof, and would be given twenty-one days to exercise his rights to match the offer. Mr. Harrison's right of first refusal for the future leases expires June 1, 1997. In late October 1993, the .City advertised a Request for Proposal to lease the property for farming purposes. Two proposals were received and the selection committee awarded the lease to Mr. Greg Walker. For the past two years, Mr. Greg Walker has leased the property from the City. The proposed lease agreement entitles Mr. Walker to grow pinto beans and/or corn and requires that he perform routine upkeep and maintenance of the fences around the property, along with other terms and conditions. The term of this agreement shall be for a period of three years commencing February 1, 1995 and continuing until January 31, 1998. Ordinance No. 2, 1995 was unanimously adopted on First Reading on January 3, 1995. 9. Second Reading of Ordinance No. 3. 1995 Appropriating Prior Year Reserves for the Landmark Rehabilitation Grant Program. Due to staffing changes in the Planning Department the Landmark Rehabilitation Grant Program was never begun. Resolution 94-114 established the Grant Program only for 1994. The current resolution allows the Department to initiate the Program in 1995. The Landmark Rehabilitation Grant Program is designed to increase the quality, integrity and permanence of the City's historic landmarks for the enjoyment and benefit of present and future citizens of the City. The Program makes a source of funding for exterior rehabilitation available to the owners of locally designated landmarks, or contributing structures, in local landmark districts. Ordinance No. 3, 1995 was unanimously adopted on First Reading on January 3, 1995. 10. Second Reading of Ordinance No. 4. 1995 of the Council of the City of Fort Collins Regarding the Regulation of Large Retail Establishments. On July 19, 1994, City Council enacted a six month temporary suspension on the processing of development applications for "superstores," that is, any building, or combination of buildings intended to be used principally for the purpose of retail sales and marketing which exceeds 80,000 square feet and for which a single certificate of occupancy was to be issued. The purpose of the moratorium was to allow time to study the unique land use planning, transportation, infrastructure, and aesthetic concerns associated with such stores. Since July 19, 1994, City staff, with assistance from a citizen advisory task force and outside consultants, has analyzed the public impacts associated with superstores. The result is the Design Standards and Guidelines For Large Retail Establishments, a supplement to the 398 41 IP If January 17, 1995 L.D.G.S. that addresses aesthetic character, site design, locational and transportation aspects of superstores." The new design standards and guidelines are intended to work in conjunction with the All Development Criteria and the Community/Regional Shopping Center Point Chart (variable criteria) of the L.D.G.S. to mitigate certain attributes and, in general, improve the character of large retail development in a proactive manner on a city-wide basis. This Ordinance, which was unanimously adopted as amended on First Reading on January 3, adopts these new standards and guidelines both for PUD's and uses by right. As amended, the Ordinance contains provisions which raise the threshold for review by these standards and guidelines for additions to a building, which would create a "large retail establishment" and which would increase the gross square footage of floor area of such building by fifty (50) percent or more. 11. First Reading of Ordinance No. 5. 1995 Amending Section 2-53 of the Code of the City b Deleting "Detailed Minutes" from the Record Provided to City Council on Appeals. As part of the preparation for Council hearings on appeals to decisions of the Planning and Zoning Board, the City Code requires that three information items be forwarded to Councilmembers in addition to the appeal document and staff response: 1. A video tape of the P&Z Board hearing; 2. Detailed minutes from the same meeting; and, 3. A verbatim transcript of the same meeting. Each of these items represent different forms of the same information and, therefore, are redundant. This is especially true of the detailed minutes and verbatim transcripts. This amendment would remove the requirement for detailed minutes and limit the informational material from the Planning and Zoning Board hearing to a video tape and verbatim transcript. In addition, providing these materials is costly. Costs to provide these three items for appeals heard by Council since June of 1994 have been between $350. and $450. These figures do not include staff time and other document preparation for the remainder of the Council packet. Removing the requirement for detailed minutes will reduce costs by approximately $130 (depending on the length of the hearing). 12. First Reading of Ordinance No. 6. 1995 of the Council of the City of Fort Collins Amending Section 28-17 of the Code of the City of Fort Collins Relating to Changes in the Statutory Citation Numbers in the "Model Traffic Code for Colorado Municipalities" 1977 Edition. 19M January 17, 1995 In its 1994 legislative session, the Colorado General Assembly adopted Senate Bill 94-001 which recodified the laws pertaining to vehicles and traffic in Title 42 of the Colorado Revised Statutes, resulting in a renumbering of most statutory citations. As a consequence, it is necessary to amend the 1977 Edition of the Model Traffic Code for Colorado Municipalities as incorporated into the City Code in order to change the numbering of the various statutory citations found in the Model Traffic Code. These amendments do not substantively change the provisions of the Model Traffic Code. They are simply housekeeping changes to amend the statutory citation numbers in the Model Traffic Code to bring them in conformance with the new numbering of the State statutes in Title 42 of the Colorado Revised Statutes. 13. Resolution 95-8 Authorizing the Interim City Manager to Enter into a Lease Agreement with Tom and Catherine Pryor for the Property and Improvements at 7213 South Lemay Avenue This Resolution authorizes the City Manager to enter into a six-month lease agreement with Tom and Catherine Pryor (the "Pryors") for rental of a single-family residence, garage, surrounding yard, and driveway. The City took ownership of this property and three hundred and thirty-seven acres of undeveloped land when it successfully foreclosed a special assessment lien on the Lake Shore Estates property. The Pryors have leased this house and garage from the former owners for the past five years and have maintained the house, surrounding yard, and driveway in impeccable condition. Since it will take some time for the City to determine the best manner in which to sell the property, it is in its best interest to allow, . the Pryors to lease the residence. Because of the remote location of the house, it is likely to fall victim to vandalism and trespass if it were vacant. The City will eventually sell the house for relocation and use the proceeds to help pay off the $1.8 million in principal of special assessment debt outstanding on the entire parcel. 14. Routine Deeds and Easements. A. Temporary Access Easement from Huntington Hills located in Huntington Hills 3rd Subdivision at the east end of Saturn Drive which is just northeast of College Avenue and Skyway Drive. Monetary consideration $0. B. Deed of Easement from Geneva Homes, Inc. for utility purposes on Lot 9 of Stone Ridge P.U.D. Second Filing (3324 Creekstone Drive) which is located just northeast of Horsetooth and Timberline Roads. Monetary consideration $10. C. Deeds of Easement from Poudre School District, Thompson School District, and Park School District for the purpose of drainage and temporary construction, located at the southeast comer of Shields Street and Harmony Road. Monetary consideration $10. 10 a January 17, 1995 D. Deed of Easement and Temporary Drainage Easement from Poudre Valley Hospital District for drainage purposes located at the southeast corner of Timberline and Harmony Roads. Monetary consideration $10. E Deed of Easement from Gary A. and Linda G. Berger for utility and drainage purposes in Lot 6 of Overlook at Woodridge P.U.D. 3rd filing which is located just northeast of Harmony and Taft Hill Roads. Monetary consideration $10. F. Deed of Easement from B & N Investments for utility and drainage purposes in Lots 4, 25, and 26 of Overlook at Woodridge P.U.D. 3rd filing which is located just northeast of Harmony and Taft Hill Roads. Monetary consideration $10. Items on Second Reading were read by title by City Clerk Wanda Krajicek. Second Reading of Ordinance No 2 1995 Authorizing the City of Fort Collins to Enter into a Farm Lease Agreement with Greg Walker. 9. Second Reading of Ordinance No 3 1995 Appropriating Prior Year Reserves for the Landmark Rehabilitation Grant Program. Ir 10. Second Reading of Ordinance No 4 1995 of the Council of the City of Fort Collins Regarding the Regulation of Large Retail Establishments Items on First Reading were read by title by City Clerk Wanda Krajicek. 11. First Reading of Ordinance No 5 1995 Amending Section 2-53 of the Code of the City by Deleting "Detailed Minutes" from the Record Provided to City Council on Appeals. 12. First Reading of Ordinance No 6. 1995 of the Council of the City of Fort Collins Amending Section 28-17 of the Code of the City of Fort Collins Relating to Changes in the Statutory Citation Numbers in the "Model Traffic Code for Colorado Municipalities" 1977 Edition Councilmember McCluskey made a motion, seconded by Councilmember Smith, to adopt and approve all items on the Consent Calendar. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, and Smith. Nays: None. THE MOTION CARRIED. 401 January 17, 1995 7 Councilmember Reports Councilmember Janett reported on the Loveland/Fort Collins Corridor Committee meeting and stated the draft plan is now ready for review by area citizens. Open houses are being scheduled in the different communities. Councilmember Smith reported on the North Front Range Regional Transportation Air Quality Planning Council meeting. He stated the five transportation directors have been asked provide a prioritized list of projects by February 1. Councilmember Apt stated Councilmembers will be getting a list of the bills being followed by the CML, the Legislative Review Committee and staff. Appeal of the November 14,1994 Decision of the Planning and Zoning Board Denying the Application to Amend the Spring Creek Farms PUD Amended Overall Development Plan: No Action Taken, Planning Zoning Decision to Deny Stands. The following is staffs memorandum on this item. "Executive Summary On November 14, 1994, the Planning and Zoning Board denied the application to amend the 101 acre Spring Creek Farms PUD Amended ODP based on inconsistency with the City's comprehensive plan. The proposed change would have resulted in the land use designation on 9.95 acres of property designated for paired housing (multifamily) being changed to detached patio homes (single family). The property is located in the southwest quadrant of Horsetooth Road and County Road 9. It is zoned RLP, Low Density Planned Residential. On November 28, 1994, a Notice of Appeal was received by the City Clerk's office regarding the decision of the Planning and Zoning Board. The appeal was filed by Marilyn Pullin, Susan Wholey and Bill Warren and alleges that the Board failed to properly interpret and apply relevant provisions of the Code and Charter. Documents attached to this summary include: The appeal; 2. The Planning Department response to the appeal; 3. The application for the ODP amendment; 402 January 17, 1995 4. The staff report for the ODP amendment application that was submitted to the Planning and Zoning Board; 5. The minutes of the November 14, 1994 Planning and Zoning Board meeting; and, 6. Transcripts of the November 14, 1994 Planning and Zoning Board meeting. The procedures for deciding the appeal are described in Chapter 2, Article II, Division 3 of the City Code. ' City Attorney Roy briefly explained the appeal process. Chief Planner Bob Blanchard made a brief staff presentation. He stated the proposed amendment is for 10 acres and is the last remaining property to be approved for development within the English Ranch Subdivision. The request is to change the land use designation from paired housing, a multi- family designation, to patio homes which is a single-family designation. In the amended area, this would have resulted in a change from 58 paired housing units to 40 detached patio homes. The overall density change in the entire ODP would be reduced from 3.5 dwelling units/acre to 3.3 dwelling units/acre. The density in the specific area subject to the amendment request would change from 5.8 dwelling units/acre to 4 dwelling units/acre. The LDGS requires that ODPs be reviewed for conformance with the policies of the City's Comprehensive Plan rather than against the LDGS criteria. In order to be consistent with the Land Use Policies Plan, a proposal must be consistent with all applicable policies. A majority of the Planning and Zoning Board agreed with this conclusion and denied this application by a vote of 4.3. Susan Wholey, 2601 Appleton Ct., appellant, stated she represented the other 131 persons who signed the petition supporting the proposed amendment. She stated she believed the project meets the policies included in the Land Use Policies Plan especially those relating to mixed housing densities. Because of varying housing styles, varying prices and varying lot sizes there are varying densities within the neighborhood. She asked that the ODP amendment be granted and the decision of the Planning and Zoning Board be overturned. Bill Warren, 3109 Michelle Lane, appellant, spoke of the unique rural setting along County Rd. 9. He stated the amended ODP would greatly mitigate the impact of development to a historically rural area. Marilyn Pullin, 3712 Rockdale Dr., spoke of housing mix and density in the English Ranch subdivision area and of the need to be sensitive to the rural fringe areas. She stated patio homes would be more compatible with the surrounding properties, will provide a good transition between the large 1-10 acre rural lots across County Rd. 9 and single family residential lots, and will 403 January 17, 1995 compliment the character of both areas. She asked that the Planning and Zoning Board decision be overturned. Lucia Liley, attorney representing the developer, Bartran Companies, commented that the issue has become one of principle. She spoke of the meetings held with the neighbors and of the compromise reached to move away from the larger lot/traditional single family lot into the smaller patio homes which would continue the diversity and allow Bartran to keep the density well above the City's minimum of 3 dwelling units per acre. She stated staff opposed the amendment on the basis of the Land Use Policies Plan. Staff acknowledged the amended ODP meets all of the relevant policies with one exception, Policy 75. She asked if it was a legitimate assumption that every project meet every applicable policy of the Land Use Policies Plan. She cited other projects that have not met each and every policy but have met a majority and have ended up being good projects. She stated Policy 75 states "residential areas should provide for a mix of housing densities". There is no explanation of what that means so there are simply differing interpretations. It could mean rather than absolutely requiring multi -family and single-family without regard to density issues, single- family housing could be required but the housing types, housing styles and the densities could be varied. This is a fairer reading of the language. When there is an ambiguous policy other relevant land use policies should be looked at for guidance. She asked that Council make a decision in favor of both the developer and the neighborhood, who have come up with a compromise solution that seems to fit City policies and neighborhood goals. Bill Bartran, developer of the project, stated 40 patio homes or 44 paired units will fit on the 9+ acres. He stated he believed the neighborhood deserves to have the Planning and Zoning Board decision overturned. Councilmember Kneeland asked about the flexibility nature of the ODP document approved in 1987. Blanchard stated a policy decision has not been made about whether ODPs should be allowed to be changed. It is recognized that conditions within a community change within a time period that an ODP anticipates for build out. It may be appropriate to allow some changes to an ODP. Mayor Azari asked the appellants why patio homes are a better buffer than paired housing. Susan Wholey stated it might seem an insignificant change but it treats the fringe area with better consideration. Councilmember Apt made a motion, seconded by Councilmember Smith, to uphold the decision of the Planning and Zoning Board and deny the appeal. 404 44 January 17, 1995 Councilmember Apt stated he believed the Planning and Zoning properly interpreted and applied relevant provisions of the Code and Charter. It was a close decision but the Board was well within its ability to make the decision. Councilmember Kneeland stated she would not be supporting the motion. She stated she believed Policy 75 was ambiguous and that the project meets the policies Council has set. Councilmember McCluskey stated he would not support the motion. He agreed that Policy 75 was ambiguous and stated he believed the amended ODP should have been allowed by the Planning and Zoning Board. Mayor Azari stated she would not support the motion. The vote on Councilmember Apt's motion was as follows: Yeas: Apt, Janett and Smith. Nays: Azari, Kneeland and McCluskey. THE MOTION FAH,ED TO PASS. Councilmember Kneeland made a motion, seconded by Councilmember McCluskey, to overturn the decision of the Planning and Zoning Board and support the appeal. Councilmember Kneeland stated the question is does the project meet the policies and guidelines set up for ODPs. She stated the density exceeds the minimum density requirements and falls within the City's guidelines. Councilmember Smith stated he would not support the motion. He stated the density from the original ODP has been cut in half and there is a need to stand behind the City's policies and uphold the Planning and Zoning Board in its decision. The vote on Councilmember Kneeland's motion was as follows: Yeas: Azari, Kneeland and McCluskey. Nays: Apt, Janett and Smith. THE MOTION FAILED TO PASS. City Attorney Roy stated that with a tie vote the decision of the Planning and Zoning Board stands. It takes a majority vote of the Council to overturn the Planning and Zoning Board's decision. 405 January 17, 1995 Resolution 95-9 Making Appointments to the Citizen Advisory Panel for the Executive Search Process, Adopted. The following is staff's memorandum on this item. "Executive Summary , At its December 6, 1994 meeting, Council adopted Resolution 94-207 which established a Citizen Advisory Panel. The Panel will consist of 13 members who are residents of the Fort Collins Urban Growth Area and who represent a cross-section of the Fort Collins community. The role of the Citizen Advisory Panel is: (1) to provide a community perspective regarding information to be used in the development of the City Manager position profile; and (2) to conduct panel interviews with the final candidates and provide feedback to the City Council on the strengths and weaknesses of each candidate. Following creation of the Panel, applications were solicited and the ad hoc Council Liaison Committee (Councilmembers Jarrett, McCluskey, and Wanner) conducted interviews. Names of the recommended appointees will be provided to Council and media prior to the meeting. " Councilmember McCluskey made a motion, seconded by Councilmember Kneeland, to adopt Resolution 95-9 inserting the following names: Will Arduino Ellyn Dickmann Stan Everitt Steven Fobes Mims Harris Kelly Ohlson Herbert Pedri George Reed Greg Snyder Louise Stitzel Ed Stoner Sue Weckerly Sharon Winfree Councilmember Janett, member of the ad hoc Council Liaison Committee, described the composition of the appointees. Councilmember Smith made a motion, seconded by Councilmember Apt, to add Colin Gerety in place of Steven Fobes and Tom Higley in place of Sue Weckerly. M 1 4 January 17, 1995 Councilmember Smith expressed concern that none of the appointees has been working in the traffic area in the last several years. He stated Mr. Gerety is the Chair of the Transportation Board and would bring strengths for transportation related issues. He stated Mr. Higley represents a rapidly changing section of the community, those persons interested in electronic communications. There is a need to assess City Manager candidates' understanding of how the City would use electronic communications systems to best advantage of the citizenry. Councilmember Janett asked if the maker of the motion and the seconder would consider replacing Will Arduino with Tom Higley. Councilmember Smith declined. He stated Will Arduino, as the Public Relations Manager for Hewlett-Packard, brings some large corporation experience to the Panel. The vote on Councilmember Smith's motion was as follows: Yeas: Janett and Smith. Nays: Apt, Azari, Kneeland and McCluskey. THE MOTION FAILED. Resolution 95-10 Making Findings of Fact and Conclusions Regarding Two Appeals from the If Decision of the Planning and Zoning Board Approving Waterglen Final PUD Approved The following is staff's memorandum on this item. "Executive .Summary On November 1, 1994, an appeal of the October 24, 1994, final decision of the Planning and Zoning Board to approve the Waterglen P. U.D. Final Plan was filed by City Councilmember/Appellant Alan Apt. On November 7, 1994, another appeal of the Planning and Zoning Board's decision was filed by Appellants Doug Rice, Roger McConnell, and Lisa Rice. On January 3, 1995, City Council voted (Rice appeal: 6-1 - Apt appeal: 7-0) to uphold the decision of the Planning and Zoning Board. In order to complete the record regarding these appeals, the Council should adopt the Resolution making findings of fact and finalizing its decision on the appeals. 407 January 17, 1995 BACKGROUND: Apt Appeal As permitted by the City Code, the appellant's notice of appeal did not state specific grounds. At the hearing, however, Councilmember Apt did identify specific concerns about the phasing, infrastructure, transportation, and environmental impacts of the proposed development. Rice. McConnell. and Rice Appeal The appellants' 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; " "The Planning and Zoning Board considered evidence relevant to its findings which was substantially false or grossly. misleading." At the January 3, 1995 hearing on this matter, Council considered the presentations of City staff, the appellants, and the attorney for the opponents of the appeals. After subsequent discussion at this hearing, Council determined that the Board properly interpreted the relevant provisions of the City Code and Charter, that the Board did not consider evidence relevant to its findings which was substantially false or grossly misleading, and that the decision of the Board should be upheld. " Councilmember Kneeland made a motion, seconded by Councilmember McCluskey, to adopt Resolution 95-10. The vote was as follows: Yeas: Azari, Janett, Kneeland, McCluskey and Smith. Nays: Apt. THE MOTION CARRIED. Other Business Councilmember Apt asked that, in response to Mr. Ohlson's suggestion that there be an annual air quality report addressing broader issues such as toxics and visibility, such a report be processed through the Air Quality Board. Councilmember Janett asked that someone from the Neighborhood Partnership Team contact Mike Nicely of the Pioneer Mobile Home Park in reference to facilitating the organization of their homeowner's association. i1: 7 44 January 17, 1995 Ir Adjournment The meeting adjourned at 9:35 p.m. Mayor ATTEST: City Clerk It 6 409