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HomeMy WebLinkAboutMINUTES-08/17/1993-Regular' August 17, 1993 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 August 17, 1993, 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: Azari, Horak, Janett, Kneeland and McCluskey. Councilmembers Absent: Apt and Winokur. Staff Members Present: Burkett, Krajicek, Roy. Citizen Participation A gift from the City of Kunshan, China, was presented to the City of Fort Collins by Drs. Ada and Yung Hai Chen. Dr. Ada Chen read a letter from the Mayor of the City of Kunshan to the City of Fort Collins. Mayor Azari read a proclamation designating August 26 as Women's Equality Day. Kathy Everitt presented the Marcile N. Wood plaque to the family of Marcile N. ' Wood. Chris Wood presented the 1993 Marcile N. Wood Award to LaVerna Barnhart representing Fran Thompson. Sandy Lemberg, Poudre Canyon Resident, suggested combining Transfort, Care -A -Van, and the PR-1 School bus programs. He spoke of his concerns regarding Police employees lack of knowledge regarding the police complaint form. Citizen Participation Follow-up Councilmember Janett spoke of recent discussions regarding the School District and the City working together on transportation issues and clarified the City is working on a Comprehensive Transportation Plan. Councilmember Horak stated the majority of PR-1 busses do not meet public transportation standards. He expressed concern regarding the lack of knowledge in Police Services regarding the Police complaint system. City Manager Steve Burkett stated he would provide information to Council regarding the complaint system and what is being done to distribute the information. Agenda Review City Manager Steve Burkett stated there were no changes to the agenda as ' published. 211 August 17, 1993 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 will be considered separately under Agenda Item #18, Pulled Consent Items. 7. a Municipal Services Group Inc. has an existing lease purchase agreement with the City entered into within the last year and is currently the only firm known to do municipal leases in Colorado. The firm is willing to add this equipment to the City's existing lease. Section 8-160(e) of the City Code authorizes the Purchasing Agent to procure additional services from a successful bidder who was awarded a contract by the City within the preceding 24 months without an additional competitive bidding process, provided the price of the service does not increase. This Ordinance, which was unanimously adopted on First Reading on August 3, authorizes the lease/purchase financing of a Kodak 2110 copier for three years. Ordinance No. 87, 1993, which was unanimously adopted on First Reading on August 3, authorizes the City Manager to sign a Revocable Permit Agreement with Outdoor Buddies, Inc., a non-profit organization that organizes hunting experiences for physically handicapped individuals. The Agreement grants Outdoor Buddies the exclusive right to hunt pronghorn antelope on the Meadow Springs Ranch site, north of Fort Collins. Hunting rights which were previously granted to the grazing lease holder have been relinquished. The Colorado Division of Wildlife has recommended continuation of pronghorn hunting on the property, in order to prevent overpopulation and excessive natural resource damage. The Agreement establishes a three tiered system of hunter preference, with handicapped hunters receiving first preference, bona -fide customers of the Fort Collins Wastewater Utility receiving second preference, and other interested hunters receiving third preference. 212 August 17, 1993 Conveyance of the property to the Nautas is warranted for the primary reason that regardless of what type of remedy is used to stabilize the slope of the property, it is likely to continue to be a difficult maintenance problem. Therefore, the conveyance of this property to the Nautas eliminates these future maintenance and liability problems for the City. This small piece of property is not needed, nor anticipated to be needed in the future, by the City for any reason. In addition, deeding the property to the Nautas will straighten the boundary line between the City's Utility Service Center and the Nauta's property, to the north, resulting in a boundary line corresponding to the City's fence now located at the south edge of the property to be conveyed. Ordinance No. 88, 1993 was unanimously adopted on First Reading on August 3. ' The Airport Manager has negotiated a lease of property to FNL Hangar - Association, Inc. for the construction and sublease of aircraft hangar space. The lease includes all that portion of the northeast one -quarter of Section 33, Township 6 North, Range 68 West, of the 6th P.M., Larimer County (see attached hangar location diagram). FNL Hangar Association Inc. intends to construct a ten (10) unit T-Hangar which will be subleased to Association members for the storage of their personal aircraft. The hangar will provide 10,848 square feet of aircraft storage space, and will generate a maximum of $1,085 in land rent annually. Hangar space will be sublet to aircraft owners/operators by FNL Hangar Association, Inc. with the Airport receiving one percent (1%) of the rents. This is a twenty- five year lease, with three five-year extension options, bringing the total maximum length of the lease to forty years (40). At the expiration of the lease, the improvements revert to the ownership of the Cities. The construction and sublease of hangar space will generate new revenue for the Airport and will help meet the aircraft storage needs of local aircraft owners/operators. Ordinance No. 89, 1993 was unanimously adopted on First Reading on August 3. 12. 1 There are two separate legislative components of the cash management and investments program: Ordinance No. 108, 1988, and the Cash Management and Investment Policies adopted in 1990. The ordinance controls what the City 213 13. 14 may invest in and the policy deals Staff is proposing changes to both unanimously adopted on First Reading changes to the policy. August 17, 1993 with how the investments are made. areas. Ordinance No. 90. 1993, was on August 3, would implement proposed Items Relating to the Ricketts First Annexation and Zoning. Resolution 93-117 Setting Forth Findings of Fact and Determinations Regarding the Ricketts First Annexation. Hearing and First Reading of Ordinance No. 95, 1993, Annexing Approximately 2.763 Acres, Known as the Ricketts First Annexation. C. Hearing and First Reading of Ordinance No. 96, 1993, Zoning Approximately 2.763 Acres, Known as the Ricketts First Annexation. This is a request to annex and zone approximately 2.763 acres, located on the south side of East Harmony Road, approximately one half mile east of Timberline Road (County Road 11), at Cambridge Avenue. The property is currently vacant. The proposed zoning is EP, Employment Park. This is a 100% voluntary annexation. The proposed annexation and zoning is in conformance with the City's policies and guidelines and meets the criteria included in State law to qualify for annexation. APPLICANT: Van and Norma Ricketts 4700 Cambridge Ave. Fort Collins, CO 80525 OWNERS: Same Items Relating to the Ricketts Second Annexation and Zonin A. Resolution 93-118 Setting Forth Findings of Fact and Determinations Regarding the Ricketts Second Annexation. B. Hearing and First Reading of Ordinance No. 97, 1993, Annexing Approximately 2.065 Acres, Known as the Ricketts Second Annexation. C. Hearing and First Reading of Ordinance No. 98, 1993, Zoning Approximately 2.065 Acres, Known as the Ricketts Second Annexation. This is a request to annex and zone approximately 2.065 acres, located on the south side of East Harmony Road, approximately one half mile east of Timberline Road (County Road 11), at Cambridge Avenue. The property is currently vacant. The proposed zoning is EP, Employment Park. This is a 100% voluntary annexation. The proposed annexation and zoning is in conformance with the City's policies and guidelines and meets the criteria included in State law to qualify for annexation. 214 ' August 17, 1993 APPLICANT: Van and Norma Ricketts 4700 Cambridge Ave. Fort Collins, CO 80525 OWNERS: Same 15. Resolution 93-119 Amending Resolution 93-106 Approving Certain Documents Relating to the Opera House Project. On July 6, 1993, Council approved Resolution 93-106 which approved changes to the Opera House Project ("the Project") Industrial Development Revenue Bonds. The approved changes would allow the Project financing to be restructured, lowering annual debt service costs, and this, in turn, would increase the probability that the retail and office. space within the Project may be leased. The approvals contained in Sections Land 2 of Resolution 93-106 are expressly contingent upon the City Council's subsequent approval of an intergovernmental agreement to be executed by the City, the Downtown Development Authority, the Bondholders and all other parties having a recorded interest in the Project. This agreement is to address the level of tenant finish, parking facilities for the Project, levels of tax revenues and others to protect the interests of the City. The original deadline for completion of and Council approval of the agreement was set for August 3, 1993, which deadline was extended by Resolution 93-114 to August 17, 1993. This resolution allows additional time, until September 21, 1993, for approval of the intergovernmental agreement. While progress has been made on the intergovernmental agreement, staff does not believe that portions of the agreement will be finalized in time for the August 17, meeting. The additional time should be long enough to finish up the negotiations and the intergovernmental agreement. 16. Resolution 93-120 Making an Appointment to the Water Board. A vacancy currently exists on the Water Board due to the resignation of Mark Casey. Mr. Casey's resignation was submitted following the close of the annual recruitment process. Applications for the Water Board received during the annual recruitment process were considered by Councilmembers Horak and Winokur, as well as applications received as a result of readvertisement. Because many of the applications were not included in the notebook of applications provided for the annual appointment process, all of the applications for the Water Board are attached to this item. ' Councilmembers Horak and Winokur are recommending Howard Goldman be appointed to fill the vacancy, with a term to expire July 1, 1994. 215 u August 17, 1993 ' 17. Routine Deeds and Easements. a. Powerline Easement from Jannette C. Clark, 816 Colorado, needed to install oval vault to underground existing overhead electric services. Monetary consideration: $10. b. Powerline Easement from Charles F. Rossteuscher and Paula Jane Montgomery, 1331 W. Mountain Avenue, needed to underground existing overhead electric services. Monetary consideration: $10. C. Powerline Easement from Jeffery J. and Lisa W. White, 2632 Avocet, needed to install a new streetlight. Monetary consideration: $10. d. Powerline Easement from Jack L. and Julie Ann Fisher, 227 S. Whitcomb, needed to underground existing overhead electric services. Monetary consideration: $10. Items on Second Reading were read by title by City Clerk Wanda Krajicek. Q 9. Second Reading of Ordinance No. 87, 1993. Authorizing a Revocable Permit I Agreement with Outdoor Buddies, Inc. 10. 12. Items on First Reading were read by title by City Clerk Wanda Krajicek. 13. Items Relating to the Ricketts First Annexation and Zoning. A. Hearing and First Reading of Ordinance No. 95, 1993, Annexing Approximately 2.763 Acres, Known as the Ricketts First Annexation. B. Hearing and First Reading of Ordinance No. 96, 1993, Zoning Approximately 2.763 Acres, Known as the Ricketts First ' Annexation.. 216 I August 17, 1993 14. Items Relating to the Ricketts Second Annexation and Zoning. A. Hearing and First Reading of Ordinance No. 97, 1993, Annexing Approximately 2.065 Acres, Known as the Ricketts Second Annexation. B. Hearing and First Reading of Ordinance No. 98, 1993, Zoning Approximately 2.065 Acres, Known as the Ricketts Second Annexation. 24. Councilmember McCluskey made a motion, seconded by Councilmember Horak, to adopt and approve items not removed from the Consent Agenda. The vote on Councilmember McCluskey's motion was as follows: Yeas: Councilmembers Azari, Horak, Janett, Kneeland and McCluskey. Nays: None. MOTION CARRIED. ' Councilmember Reports Mayor Azari spoke of letters she has received from Japan and China. She reported she had recently attended a Leadership Summit Conference in Monterrey, CA. She spoke of City Manager Steve Burkett's presentation on management in Fort Collins. Items Relating to the State Implementation Plan as a Contingency Measure, Adopted. The following is staff's memorandum on this item. 'EXECUTIVE SUMMARY A. Resolution 93-121 Supporting the Addition of the Enhanced Inspection and Maintenance Program to the Fort Collins Element of the State Implementation Plan as a Contingency Measure; QB B. Resolution 93-122 Supporting the Addition of a Wood Burning Ban to the Fort Collins Element of the State Implementation Plan as a Contingency Measure. The Clean Air Act requires that the City's air quality compliance plan (the State Implementation Plan, or "SIP") must include a contingency measure that is to be ' automatically implemented in the event the area fails to attain the carbon monoxide standard by the end of 1995. The enhanced inspection and maintenance program, which has been adopted for the Denver area under Colorado House Bill 93- WA August 17, 1993 ' 1340, has been proposed as the contingency measure for the Fort Collins area. Adoption of contingency measures is the responsibility of the North Front Range Transportation and Air Quality Planning Council ("the Planning Council"). Alternative resolutions A and B provide guidance to the City Council's delegate to the Planning Council, to support the enhanced inspection and maintenance program (option A) or to support a wood burning ban (option B) as the contingency measure. BACKGROUND: The attached memo on Enhanced Emissions Testing, dated July 24, provides background information on the need for a contingency measure, the enhanced ISM program, and other alternatives. This material was previously provided to City Council in lieu of a worksession. Councilmembers subsequently asked for the following additional information on: (1) implementation timing under various combinations of events, and (2) a wood burning ban as an alternative contingency measure. Question: Clarify what happens (and when) under various scenarios: whether the Planning Council adopts enhanced ISM or a wood burning ban as a contingency ' measure; and whether or not Fort Collins attains the air quality standard by the end of 1995. Answer: Please see the following table. It is important to keep in mind the special requirements of the Clean Air Act for cities that fail to attain the standard by the end of 1995 ("failure to attain by the end of 1995" means that a violation occurred during either 1994 or 1995) -- enhanced ISM becomes inevitable in that case, and a revised SIP is also required. USEPA begins the process with a formal finding in early 1996 that Fort Collins "failed to attain," which triggers implementation of contingency measures and starts a one-year clock to revise the SIP. The dates given below reflect the fact that it takes about one year to begin testing under the enhanced ISM program, once the state implementing agencies get the go-ahead. 218 August 17, 1993 If we attain by 12195: If we fail to attain by 12195: 1. The state starts implementing enhanced If we adopt enhanced Contingency measure is I&M b ec at once, and it becomes effective in I&M as the contingency not implemented early also. measure: 2. We also submit a revised SIP in early 1997. 1. We implement the wood burning ban in winter 1996-97. 2. We submit a revised If we adopt a wood SIP in early 1997, burning ban as the Contingency measure is including enhanced I&M. contingency measure: not implemented 3. The state starts implementing enhanced I&M upon SIP adoption, and it becomes effective in early 1998. Question: Provide more information on adopting a "wood burning ban" as an alternate contingency measure. Answer: Wood burning bans are common along the Front Range. They work by cutting back on wood smoke emissions on the few high pollution days (HPD) each winter when weather conditions cause a build-up of pollution levels by trapping pollution near the ground. Here's what might happen on a high pollution day, given that the 4 pm -to -midnight period typically has the highest 8-hour CO level of the day. -- During the afternoon a City -hired weather forecaster advises that poor dispersion conditions are possible. -- The City watches late afternoon data from the CO monitor to confirm that high CO levels are beginning to occur. I -- The City announces a wood burning ban for that evening, alerting radio and television stations to spread the word, placing a suitable message on a telephone hot line, and by other feasible means. 219 August 17, 1993 ' -- City personnel are mobilized to enforce the ban between 4 p.m. and midnight. Citizen complaints are encouraged, to increase effectiveness of enforcement personnel. Since smoke is not easy to see at night, infrared detectors may be used as an enforcement aid. Tickets are issued to violators. - City personnel do surveillance to determine the program's effectiveness, eg., a windscreen survey of a sampling of neighborhoods, both when a wood burning ban is on and off. The program would have to be mandatory. This is because a contingency measure must provide CO emission reduction equivalent to one year's growth of VMT, or 2.07 tons per day in our case. Wood smoke contributes 6.93 tons per day, so the contingency measure would have to eliminate about 30% of the wood smoke on a high pollution day. Voluntary programs eliminate about 10%, mandatory about 50%, according to USEPA guidelines. The program would have to be adopted by ordinance before the Air Quality Control Commission adopts the SIP on November 12, 1993. The ordinance must specify the procedure and triggering criteria used to activate the ban (e.g., poor dispersion forecast and CO readings above a certain level between 3 p.m. and 5 p.m.), what ' exemptions are available (eg., low-income, sole -source -of -heat), and what fines wi17 be levied (USEPA presumes $50 for first offense, $75 for second, and $100 third is adequate). The ordinance must commit the City to expenditure of staff and budget resources necessary to implement the program in 1996, if triggered by a violation. I Several issues, listed below, will need to be worked out if a wood burning ban is selected as the preferred contingency measure. Resolution B would direct staff to develop such a program for City Council adoption. 1. The approach of calling "High Pollution Days" was tried by the City in the past and was abandoned. The reasons for dropping the program were that we had a very poor record of predicting high pollution days (predictions might be improved if we were to contract for forecasting services locally), and staff and the Air Quality Task Force concluded that every- day "clean air habits" were a better goal than asking people to change their actions only on isolated days. 2. Council will need to commit staff and monetary resources for a program that would be implemented in 1996-97. Staff will need to work out how this can be accomplished in conformance both with City policy and with USEPA rules for contingency measures. 220 August 17, 1993 3. The ban should apply to the entire Urban Growth Area, which defines the carbon monoxide non -attainment area, unless it can be demonstrated that the ban would be effective enough if it applies only within City limits. County commitment would be needed to enforce the ban outside the City in the UGA. 4. Same -day HPD calls mean that many people will not hear about the ban because of the short notice, and may get a ticket. 5. Mandatory wood burning bans typically start with a voluntary phase, to provide adequate time for the public to learn about and accept the program. Since the ban is to be a contingency measure, we do not have this luxury. One way to gain a voluntary phase, however, would be to begin the program in 1995 or earlier in voluntary mode, to pave the way for possible triggering of the mandatory mode in 1996. 6. If the wood burning ban is triggered by a future violation, it is not clear whether the Clean Air Act would allow us to remove it, should we wish to do so. PUBLIC PROCESS The Air Quality Task Force supports adoption of enhanced IAN as the contingency measure. A letter from Chairman Bob Vinton is attached. Staff held a meeting on August 5 with operators of licensed emissions testing stations throughout Larimer County. This group is directly affected, because enhanced I&M reduces by about 859 their potential customers for emission test services. 27 people attended, 91 were invited. A record of their comments is attached. In summary, the attendees expressed a variety of viewpoints. Some wanted no change in the current system of decentralized inspection stations -- others countered that their colleagues were simply afraid of change. Under the enhanced program, some worried that they could not assure a repair customer that his cars would pass after being fixed, since they could not duplicate the test used at the central testing station -- others thought that information from the test itself and modern diagnostic equipment would make accurate repairs possible. Some thought that few mechanics really know how to repair emission problems in today's high-tech cars and that training would be needed to bring diagnostic skills up to the level required under enhanced IAN. Some thought that testing vehicles for fly under the basic program would not be profitable -- others thought that emissions testing would be a money-maker under either the basic or enhanced programs. Some thought that enhanced IAN would be the better business opportunity -- they would make their money on repairs rather than on testing. I On one point there was consensus: the prospect that an unexpected violation of the CO standard would force implementation of enhanced IAN presents an 221 August 17, 1993 ' uncomfortable business risk. If a business wishes to participate in testing under the basic program, it must invest roughly $15,000 for equipment, and can then charge up to $15 per test. If, however, enhanced ISM is implemented because of a violation, then they would have only three years of testing to amortize the equipment, or only two years if enhanced ISM is the contingency measure. From this viewpoint, enhanced ISM is not a desirable contingency measure, because it would make an undesirable financial situation worse. Some commenters extended this line of reasoning, saying that, if enhanced ISM is to come to Larimer County for any reason, then it would be better to start with enhanced ISM now, rather than start with basic ISM and then switch to enhanced. OPTIONS UNDER HOUSE BILL 93-1340 Members of the Legislative Review Committee will recognize the emissions inspection issue, having followed the course of House Bill 1340 through the Legislature. HB-1340 provided two ways that enhanced ISM could come to Larimer County: 1. If we adopt it as a contingency measure, then enhanced ISM would be triggered if an air quality violation occurs in either 1994 or 1995, and would be implemented in early 1997. 2. If we opt -in to the program directly, then enhanced ISM could be ' implemented as early as 1995. This would require approval of the Legislature, acting by bill. The Legislative Review Committee expressed some support for both these approaches. Although they are closely related, staff is pursuing them as separate, sequential steps. The first step is to consider enhanced ISM as a contingency measure. Staff believes that Council's deliberations on the matter, as well as parallel deliberations by Loveland City Council and the Larimer County Commissioners, will be instructive as to whether the legislative opt -in provision of HB-1340 is feasible. Staff plans to bring forward the opt -in concept for Council consideration following the Planning Council's September 2 decision on contingency measures. STAFF RECOMMENDATION Staff recommends that Council support enhanced ISM as the contingency measure. If Fort Collins is found in violation of the standard at the end of 1995, it means that the SIP strategy of relying on new car standards to reduce CO emissions did not work as well as expected. In that event, it makes sense to add a control measure that improves the on -road emissions performance of motor vehicles, doubling the effectiveness of the emissions inspection and maintenance program. Staff is concerned, however, about the financial risk to emission testing station operators who decide to purchase testing equipment in order to ' participate in the basic 1&M program that begins in 1995. Once a violation occurs, it is inevitable that enhanced ISM will be implemented, and that they 222 August 17, 1993 must then give up about 90% of the income from emissions testing, perhaps without having yet amortized the testing equipment. Adopting enhanced 1&M as a contingency measure would reduce this amortization time by one year. Testing station operators, therefore, should be made aware of and should carefully consider such financial risks before deciding to participate in the basic program. Given the risk to area businesses, it behooves the City to redouble its efforts to reduce carbon monoxide emissions, thus helping to avoid a triggering violation. This financial risk would also be reduced, if the area were to opt -in to enhanced I&M prior to the beginning of the basic program in 1995, although staff acknowledges that many existing testing stations would no longer find the testing business profitable under enhanced 1&M. Staff does not recommend the wood burning ban as a contingency measure for three reasons. First, wood smoke is not the main problem, because 90% of carbon monoxide comes from motor vehicles. The Air Quality Policy Plan adopted in March 1993 cites motor vehicles as the highest priority source of pollution in Fort Collins, while households (wood smoke) are the third priority source. Second, staff regards carbon monoxide as a regional problem related to regional motor vehicle transportation, rather than as a local wood smoke problem. Finally, over several years area residents have responded enthusiastically to voluntary wood - smoke reduction efforts (education, promotions, and incentives), cutting wood smoke emissions in half between 1985 and 1990. Staff thinks it is inappropriate to target wood burning with a mandatory program when the voluntary approach has worked so well." Environmental Planner Brian Woodruff gave a presentation on this item and stated the Plan would be implemented in 1996 if the air quality standard deteriorates. He stated the State Implementation Plan explains how carbon monoxide emissions would be reduced. He showed a graph displaying the current carbon monoxide measurements and noted the trend was improving. He stated if the City fails to attain the EPA standard, a new implementation plan would need to be submitted to include an enhanced inspection and maintenance plan. He outlined costs and implementation of a new emissions testing system. He - clarified a wood burning ban was an option under the rules of contingency measures. He stated wood burning contributes to 10% of carbon monoxide and spoke of how the ban would be enforced. He noted the emissions testing systems operators were not pleased with changing the program. He stated the Chamber of Commerce Environmental Concerns Committee declined to make a recommendation on the matter, although it is interested in opting into the enhanced maintenance and inspection program. 223 August 17, 1993 , Bob Vinton, Chairperson of the Air Quality Task Force, clarified the wood burning ban was not presented as a option at the July meeting. He stated it was difficult to accurately determine high pollution days beforehand and stated monitoring vehicle emissions would be more efficient. Councilmember Janett questioned if other cities are currently working under the enhanced inspection and maintenance program and if there is a cap on the dollar amount for repairs. Woodruff clarified other parts of the country have experienced centralized programs and spoke of their effectiveness. He noted the proposed test has been developed for high altitude and has not been attempted in any other area. He reported on repair waiver limits for vehicles of various ages. Councilmember Kneeland made a motion, seconded by Councilmember Janett, to adopt Resolution 93-121. Bruce Lockhart, 2500 E. Harmony Road, opposed the resolution and spoke in support of a wood burning ban, stating he believed it would be less expensive for citizens. Councilmember McCluskey opposed the motion and supported opting -in in 1995 to I allow citizens time to adjust and give the operators time to decide if they want to make the financial investment. Councilmember Horak spoke in support of the motion and commented it was the United States Congress who determined the rules, timelines and standards. Councilmember Kneeland stated the Legislative Committee is discussing and examining the opt -in solution for the advanced program. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak and Janett. Nays: Councilmember McCluskey. . MOTION CARRIED. Resolution 93-123 Making Findings of Fact and Conclusions Regarding the Appeal From a Decision of the Planning and Zoning Board Relating to the Lindimer Preliminary Subdivision. Adopted. The following is staff's memorandum on this item. 'EXECUTIVE SUMMARY On June 28, 1993 the Planning and Zoning Board voted 6-1 to approve the Lindimer ' Preliminary Subdivision with a condition about providing notice to future owners 224 ' August 17, 1993 of property within the Subdivision. On July 12, 1993, an appeal of that final decision was made by Charlie Tidd and Suzanne Bassinger. On August 3, 1993, Council voted 6-0 to uphold the decision of the Planning and Zoning Board. In order to complete the record regarding this appeal, the Council should adopt a Resolution making findings of fact and finalizing its decision on the appeal. BACKGROUND: The Tidd/Bassinger notice of appeal was based on allegations that: The Planning and Zoning Board did not properly interpret and apply relevant laws; and The Planning and Zoning Board failed to hold a fair hearing by considering substantially false or grossly misleading evidence. (This allegation was withdrawn by the appellants at the August 3, 1993 City Council meeting.) At the August 3, 1993 hearing on this matter, Council considered the testimony ' of City Staff, the appellants and the applicant for the Lindimer Preliminary Subdivision. In subsequent discussion at this hearing, Council determined that the grounds for appeal conformed to the requirements of Section 2-48 of the City Code; that the Lindimer Preliminary Subdivision conforms to the relevant provisions of the City Code; that the Planning and Zoning Board properly interpreted and applied the relevant provisions of the Code; and determined to uphold the decision of the Board with a modification to the condition of approval." Deputy City Attorney Paul Eckman gave a brief presentation on this item. Councilmember Horak made a motion, seconded by Councilmember Kneeland, to adopt Resolution 93-123. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Azari, Horak, Kneeland and McCluskey. Nays: None. (Councilmember Janett out of the room) MOTION CARRIED. 225 August 17, 1993 ' Resolution 93-124 Making Findings of Fact and Conclusions Regarding the Appeal From a Decision of the Planning and Zoning Board Relating to the Preserve PUD Final Plan, Adopted. The following is staff's memorandum on this item. 'EXECUTIVE SUMMARY On June 28, 1993 the Planning and Zoning Board voted 5-2 to approve the Preserve PUD - Final. On July 19, 1993 an appeal of the final decision was made by Mary Ellen Keen and Nancy and Jim Pieper. On August 3, 1993, Council voted 6-0 to overturn the decision of the Planning and Zoning Board concerning the requested height variance and voted 5-1 to overturn the Boards decision on the final plans. In order to complete the record regarding this appeal, the Council should adopt a Resolution making findings of fact and finalizing its decision on the appeal. BACKGROUND: The appellant's notice of appeal was based on allegations that: ' 1. The Board abused its discretion in making an arbitrary decision without the support of competent evidence in the record. 2. The Board failed to conduct a fair hearing in that the board substantially ignored its previously established rules of procedure. 3. The Board considered evidence to its findings which was substantially false or grossly misleading. At the August 3, 1993 hearing on this matter, Council considered the testimony of City staff, the appellant, and the applicants for the Preserve PUD. In subsequent discussion at this hearing, Council determined that the Planning and Zoning Board did not fail to conduct.a fair hearing, but that the Board abused its discretion in making an arbitrary decision without support of competent evidence in the record concerning a building height variance and Final PUD plans; and determined to overturn the decision of the Board. Council overturned both the decision to approve the height variance and the decision to approve the Final PUD plan." Deputy City Attorney Paul Eckman gave a brief presentation on this item. Councilmember Horak made a motion, seconded by Councilmember Kneeland, to adopt , Resolution 93-124. 226 ' August 17, 1993 David Neenan, 1606 Brentford Lane, expressed concern regarding treatment of the Planning and Zoning Board members by Council. He suggested if Council had problems with the Board they should not be discussed in a public setting. Lucia Liley, attorney representing the applicant, objected to the findings in the resolution on the basis that the findings were not supported by the record certified to the Council on appeal or by action taken by Council. Bill Neal, 407 Cormorant Court, supported the project and spoke of the lack of multi -family housing units. He urged the City to work with the developer to build the project. Eckman spoke of the allegations regarding competent evidence and stated that it is Council's decision whether there was sufficient, competent evidence in the record to make a determination. He noted if Council believed additional findings were needed, or if the findings needed to be modified, Council could do so. He clarified he believed the resolution was justifiable and accurately reflected the record. Councilmember Horak spoke in support of the resolution, and commented he supported Council hearing an appeal when there is dissatisfaction with the decision of the Planning and Zoning Board. Mayor Azari thanked the citizens who took the time to speak and concurred with Mr. Neal regarding his comments on the lack of affordable housing. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Azari, Horak, Janett, Kneeland and McCluskey. Nays: None. MOTION CARRIED. Ordinance No. 99, 1993 Appropriating $50,000 Into the Transit Services Fund for the Purpose of Providing Paratransit Services to Disabled and Elderly Citizens of the Fort Collins Urban Growth Area for the Remainder of 1993, Adopted. The following is staff's memorandum on this item. 'EXECUTIVE SUMMARY This action adds $68,622 to the City's contract with Care -A -Van of $160,500 for the support of paratransit activity in the City's urban growth area. This represents a total cost of $229,122 in 1993. These funds are available from two ' sources: 1) $50,000 from the Capital Projects Fund for ADA projects, and 2) $18,622 from the Transfort Operating Budget. The $50,000 identified above needs to be appropriated in the Transit Services Fund. 227 August 17, 1993 ' Care -A -Van, Inc., provides transportation services to disabled and elderly persons, including the operation of the SAINT Program. This service compliments the City Transfort system. Recently, Care -A -Van informed the City that in order to provide paratransit services in accordance with projections and in a manner meeting the conditions of the Americans With Disabilities Act for the remainder of 1993, it will need an additional $68,622. In turn, the City will receive paratransit services for elderly and disabled citizens throughout the urban growth area, Monday through Saturday from 6:30 a.m. to 6:30 p.m. This service level brings the City into compliance with the ADA. BACKGROUND: In August of 1992, the City Council approved the ADA Transition Plan for Transit. The Americans With Disabilities Act (ADA) refers to the body of regulations protecting disabled citizens' access to public buildings, employment, and transit services. As a part of implementing the ADA Transition Plan for Transit, Transfort staff began meeting with area fenders of paratransit services in September 1992. This was done to explore financing options and opportunities to improve ' paratransit services. All of the fenders purchased some level of service and/or were Care -A -Van customers. During this process, staff found that a number of conditions affect Care-A-Van's ability to deliver paratransit services in the area. They include: 1) A change in services required, e.g., the City's need for services meeting the ADA; 2) Diminishing resources to provide paratransit services; 3) Increases in operating expenses; and, 4) Increased demand for demand response service to the general public. The recommended appropriation is based on months of research and data analysis and will solve a pressing set of problems for the remainder of 1993. Staff plans to competitively bid paratransit services for calendar year 1994 in September. At the August 10 worksession, questions were asked concerning what specific services the City would receive for additional funding and what assurances favorable service would be provided by Care -A -Van. The City will purchase 4,790 service hours from July 1, 1993 to December 31, 1993. Care -A -Van should be able to provide (based on past system performance) 11,496 trips to the disabled and elderly with little or no disruption of service. Transfort staff will be monitoring Care-A-Van's performance monthly as to services provided to the disabled and elderly, number of trip denials and number of service hours provided. In addition, staff will work closely with Care -A -Van in developing and , implementing a customer service survey to determine customer needs and satisfaction." 228 August 17, 1993 Transfort Manager John Daggett gave a presentation on this item. Councilmember McCluskey made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 99, 1993 on First Reading. Councilmember Horak asked about the implications for citizens in the Urban Growth Area for Care -A -Van and Transfort services if the County did not participate. Daggett stated impacts would be minor through the end of 'the year and would slightly increase cost per -hour service. Marj Walsh, Executive Director of Care -A -Van, stated the story in the Coloradoan was not accurate and clarified that Care -A -Van has not heard from the County regarding its participation. She stated ,if the County did not participate it would impact service to the County. Marjorie McTaggart, Senior Advisory Boardmember, urged Council to adopt the ordinance. Councilmember Kneeland supported the motion noting that the City needs to look at the paratransit business as a changing business. Councilmember McCluskey spoke of the need to look ahead to the future changes for Care -A -Van. Councilmember Horak thanked the Care -A -Van Board, staff and drivers for their hard work. The vote on Councilmember McCluskey's motion was as follows: Yeas: Councilmembers Azari, Horak, Janett, Kneeland and McCluskey. Nays: None. MOTION CARRIED. Other Business Councilmember Horak requested information from staff on measures to correct air quality violations for the next two winters. Mayor Azari proposed a 1 day Council retreat for next April and suggested a catch-up session in the fall to see what issues Council might like to address. She suggested meeting prior to a worksession to discuss the topics. Councilmember Janett supported holding a catch-up session in the fall and suggestd including Service Area Directors. 229 August 17, 1993 ' Adjournment The meeting adjourned at 8:50 p.m. Mayor 1 City Clerk 230