HomeMy WebLinkAboutMINUTES-11/06/1990-RegularNovember 6, 1990
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Proclamations and Presentations - 6:15 p.m.
a. Proclamation Designating November 11-17 as American Education Week, was
presented.
b. Proclamation Designatinq the second week of November as Youth Appreciation
Week, was presented.
Councilmember Mabry made a motion, seconded by Councilmember Azari, to adopt
Resolution 90-162, Expressing Appreciation Posthumously to Tony Bontz for his
Service on the Building Review Board.
The vote on Councilmember Mabry's motion was as follows: Yeas: Councilmembers,
Azari, Edwards, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
REGULAR MEETING 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday,
November 6, 1990, at 6:30 p.m. in the Council Chambers in the City of Fort
Collins City Hall. Roll call was answered by the following Councilmembers:
Azari, Edwards, Kirkpatrick, Mabry, Maxey, and Winokur.
Councilmembers Absent: Horak.
Staff Members Present: Burkett, Krajicek, Roy.
Citizen Participation
George Betz, 1101 Kirkwood Drive, opposed spending money on the Lincoln Center
pool, he stated the money would be better spent in constructing a new pool.
Karl Carson and Kelly Ohlson, Fort Collins residents, spoke of the Choices 95
program issues related to the Lincoln Center pool renovation. Carson stated the
money would not be well spent in renovating the pool and would be better spent
in remodeling the pool site into a multi -purpose culture center.
Agenda Review
City Manager Steve Burkett stated there were no changes in the agenda as
published.
Mayor Kirkpatrick requested that item #13, Hearing and First Reading of Ordinance
No. 125, 1990, Appropriating Unanticipated Revenue of $41,584 from the Colorado
Division of Criminal Justice and Poudre R-1 School District for Fort Collins
' Police Services' Drug Abuse Resistance Education (D.A.R.E.) Project, be withdrawn
from the Consent Calendar.
This Calendar is intended
on the important items on
Consent Calendar. Anyone
off the Consent Calendar
the Consent Calendar will
Consent Items.
H
7.
E1
a
November 6, 1990
Consent Calendar
to allow the City Council to spend its time and energy
a lengthy agenda. Staff recommends approval of the
may request an item on this calendar to be "pulled"
and considered separately. Agenda items pulled from
be considered separately under Agenda Item #21, Pulled
Consider approval of the minutes of the regular meeting of October 2 and
mourned meeting of October 9.
This Ordinance was unanimously adopted on First Reading on October 16.
The City is the owner of the SouthRidge Golf Course at 5750 South Lemay
Avenue. In 1982, the City acquired this approximate 130 acre site which
is intermingled with nearly 73 acres of housing and other developments.
The Center Greens at SouthRidge Greens P.U.D. is a proposed 37 lot housing
development located in a nearly quadrilateral shape on 12.01 acres between
SouthRidge Greens Boulevard and Fairways #8, 9, and 10 at SouthRidge Golf
Course. The housing project is owned by Midou Enterprises, U.S.A., Inc.,
of Hawaii, whose legal address is in Osaka, Japan, and who is represented
by Mr. Bill Albrecht of the Albrecht Companies, Inc., of Fort Collins.
In this exchange, the City would deed to Midou Enterprises two small
parcels of land (Tracts C and E) totalling 0.544 acres and the City would
receive four small parcels of land (Tracts A, B, D, and F) also totalling
0.544 acres. These land exchanges should equally benefit both parties.
Purchasing researched the current interest rates with the results that the
7.3% offered by Safeco Credit Corporation is the lowest rate.
This Ordinance, which was unanimously adopted on First Reading on October
16, authorizes the lease -purchase financing of equipment and vehicles
needed by the City.
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November 6, 1990
This Ordinance, which was unanimously adopted on First Reading on October
16, authorizes appropriation of $30,000 from the State of Colorado to the
Clean Air Colorado fund for Fort Collins' 1990-1991 Clean Air Colorado
campaign.
The Colorado Department of Health appropriated $30,000 for use in the Fort
Collins 1990-1991 Clean Air Colorado campaign. The money is available for
the city's use between September 15, 1990 and June 30, 1991. The State
has put two stipulations on use of the money: 1) none of the funds may
be used to develop or purchase advertising; 2) some of the funds must be
spent on measurable evaluation of the campaign. The Natural Resources
Division, through which the Clean Air Colorado campaign operates, proposes
spending $15,000 on salaries, $14,500 on development, production, and
dissemination of educational materials and activities, and $500 on
end -of -program evaluation.
10. Second Reading of Ordinance No. 120, 1990, Vacating Right -Of -Way on a
Portion of a Replat of Tract A, Golden Meadows Fifth Filing.
On September 24, 1990, the Planning and
Zoning
Board approved the Replat
of Lots 1 Through 22 of the Replat of
Tract "A", Golden Meadows Fifth
1
Filing.
The final action needed is to vacate the
street
right-of-way dedicated by
the previous plat (entitled "A Replat of
Tract
'A', Golden Meadows Fifth
Filing.") The streets dedicated on this
plat were never constructed and
the right-of-way for them is no longer needed.
This Ordinance, which was
unanimously adopted on First Reading on
October 16, vacates the street
rights -of -way for Wheatcn Circle, Tropez
Place,
and Chappelle Circle.
Earlier this year the City purchased, under competitive bid, a XEROX 4050
Laser Printing System to be used within the central computing facility.
Under the bid the City had the.option of obtaining a one-year maintenance
contract or a five-year XEROX Partnership Plan (XPP). The longer term plan
has a more favorable rate, a cap oa annual fee escalation, and incorporates
a fiscal funding clause which makes the continuation of the plan in
subsequent years subject to Council's appropriation of funds. With respect
to other opportunities for laser maintenance, there are no other known
suppliers of this service in the Fort Collins area. XEROX maintains all
of the laser printers in this area, including two 4050 lasers at CSU.
1 362
12.
13.
14
November 6, 1990
For the past three years, Fort Collins Police Services has applied for
project funding to the Colorado Division of Criminal Justice for Federal
drug grant monies. For project year 1990/1991 Police Services has joined
with the Loveland Police Department and Larimer County Sheriff's Department
in one application for a multijurisdictional project to be administered
by Police Services. As administrator of the grant, Police Services will
issue checks to the other participating agencies for their share of the
federal funds.
Drug Abuse Resistance Education (D.A.R.E.) Pro.iect.
Fort Collins Police Services has applied for project funding to the
Colorado Division of Criminal Justice for federal grant monies. We have
recently received notification of grant award in the amount of $25,584.
Poudre R-1 School District will be providing match monies in the amount
of $16,000. Fort Collins' portion of the match is $847, which is met
within the existing department budget.
Police Services will benefit from grant monies in the area of salary for
one officer, equipment, and educational materials for Project D.A.R.E.
STATE FORT COLLINS PR-1 TOTAL
SHARE MATCH MATCH
$ 25;584 $ 847 $ 16,000 $ 42,431
TOTAL BUDGET $42,431
Items Relating to Adopting the Standard Construction Specifications for
Sanitary Sewer Mains.
A. Resolution 90-154 Adopting the Standard Construction Specifications
for Sanitary Sewer Mains;
B. Hearing and First Reading of Ordinance No. 126, 1990 Amending Chapter
26 of the Code Relating to Water and Sewer Main Extensions.
The City's Standard Construction Specifications for Sanitary Sewer Mains
have been updated to reflect current standards and practices in the
construction industry. The Resolution will adopt the new specifications. '
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15.
16
November 6, 1990
The Ordinance deletes code requirements that conflict with the new
specifications.
Council has asked staff to develop a pesticide policy that will guide and
direct pest control operations and applications of pesticides on City
property. A management process called Integrated Pest Management provides
guidelines and elements to follow in deciding when to control weeds,
insects, and other pests. This resolution will endorse Integrated Pest
Management elements for all pest control by the City on City property.
The City of Fort Collins has received preliminary approval from the Federal
Highway Administration and the State Department of Highways to utilize FAUS
funds to upgrade the existing VMS-220 traffic control computer to a VMS-
330 system. The project has been identified as FAUS MG 5000 (10) with a
FAUS budget of $126,000 and $3,000 in local funds to cover non-
participating expenses. The total budget for the project will be $129,000.
17. Resolution 90-157 Renaming Stonegate Drive to Patterson Place in the
Horsetooth Commons P.U.D.
This is a street name change request to rename Stonegate Drive, located
in the Horsetooth Commons P.U.D., to Patterson Place. The request for the
name change is from the owner of the property. There are no other affected
property owners. The purpose of the name change is to correct a
duplication with an existing Stonegate Drive located in the Sunstone P.U.D.
on which several homes have been constructed. Since the Horsetooth Commons
P.U.D. is platted but not constructed, there will be no homeowners or
businesses affected by the name change.
The new name, Patterson Place, has been reviewed and approved by all the
City utilities and the affected outside utility providers. In particular,
the Poudre Fire Authority, Fort Collins Police Services, and the United
States Post Office have reviewed and approved the request.
18. Resolution 90-1_5P Making an Appointment to the Building Review Board.
A vacancy currently exists on the Building Review Board due to the death
of Tony Bontz.
Councilmember Mabry, as liaison to
recommending that the current alternate,
fill this vacancy, which expires July 1,
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the Building Review Board, is
Vincent Guerrie, be appointed to
1992.
November 6, 1990
19. Resolution 90-159 Making an Appointment to the Commission on the Status
of Women.
A vacancy currently exists on the Commission on the Status of Women due
to the resignation of Paula Lucia Dallabetta. Councilmembers Horak and
Kirkpatrick reviewed the applications on file and are recommending that
Katherine McLeod be appointed to fill the vacant term which expires July
1, 1993.
20. Routine Deeds and Easements.
a. Powerline easement from Edith W. Mathis, 1609 Layland Court, needed
to set electric secondary vault. Monetary consideration: $24.
b. Powerline easement from Ada A. Kerwood, 203 Bishop, needed to
underground existing overhead electric services and system. Monetary
consideration: $675.
C. Powerline easement from T. Paul Jones II and Jean S. Jones, 1336
Laporte Avenue, needed to set oval electric vault to underground
existing overhead electric system. Monetary consideration: $83.50
d. Powerline easement from William J. Filson and Jean Filson, 1605 '
Collins Court, needed to set secondary electric vault to underground
existing overhead electric services. Monetary consideration: $10.
e. Powerline easement from William H. McClelland, 312 E. Mulberry,
needed to underground existing overhead electric services. Monetary
consideration: $1C.
f. Powerline easement from Barry Brent Kennedy, Larry D. Kennedy &
Constance L. Kennedy, 214 Fishback, needed to set 5' x 9' oval vault
to underground existing overhead electric services. Monetary
consideration: $90.
g. Quit Claim Deed of Easement from Larimer & Weld Irrigation Company
for access to the Greenbriar Wetlands/Storm Detention. Monetary
consideration: $1,500.
Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk.
Item #7.
Enterprise, U.S.A., Inc.
Item #8. Second Reading of Ordinance No. 118, 1990, Authorizing the Purchasing
Agent to Enter into an Agreement for the Lease -Purchase Financing ,
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of Vehicles and Equipment.
Item #9.
Campaign.
Item #10.
November 6, 1990
Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk.
Item #11.
Item #12.
Item #13.
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Azari, Edwards, Kirkpatrick, Mabry, Maxey and Winokur. Nays:
None.
Hearing and First Reading of Ordinance No. 125, 1990, Appropriating
Unanticipated Revenue of $41,584 from the Colorado Division of Criminal
Justice and Poudre R-1 School District for Fort Collins Police Services'
Drug Abuse Resistance Education (D.A.R.E.) Project. Adopted
Following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
Fort Collins Police Services has applied for project funding to the Colorado
Division of Criminal Justice for federal grant monies. We have recently received
notification of grant award in the amount of $25,584. Poudre R-1 School District
will be providing match monies in the amount of $16,000. Fort Collins' portion
of the match is $847, which is met within the existing department budget.
Police Services will benefit from grant monies in the area of salary for one
officer, equipment, and educational materials for Project D.A.R.E.
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November 6, 1990 1
STATE FORT COLLINS PR-1 TOTAL
SHARE MATCH MATCH
$ 25,584 $ 847 $ 16,000 $ 42,431
TOTAL BUDGET $42,431"
Councilmember Winokur made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 125, 1990 on First Reading.
Acting Police Chief Dave Feldman explained the evaluation process for the
D.A.R.E. project.
The vote on Councilmember Winokur's motion was as follows: Yeas:
Councilmembers, Azari, Edwards, Kirkpatrick, Mabry, Maxey and Winokur. Nays:
None.
THE MOTION CARRIED.
Councilmember Reports
Mayor Kirkpatrick spoke of Item #15 on the Consent Calendar that dealt with the
Integrated Pest Management Program. She stated she was pleased with the program
since it was a good step forward.
Second Reading of Ordinance No. 121, 1990 Authorizing the Addition
of an Office Space to the Lease with Continental Express at the
rnrf rnlline_Invul]nd Mnnirinnl Airnnrf Adnnfod
The following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
Continental Express Airlines has requested that the City provide an additional
204 sq. ft. of space to the Airline for use as an office for its Area Manager.
The Area Manager is presently located in Pueblo, Colorado, and would like to move
the Area office to the Fort Collins -Loveland Airport. The Airport has one office
that has no prospective tenants at this time. Continental Express' request is
an excellent opportunity for the Airport to maximize 'terminal lease revenues.
This Ordinance, which was adopted 6-0 on First Reading on October 16, authorizes
the addition of an office space to the area being leased to Continental Express."
Councilmember Maxey withdrew from discussion on this item due to a perceived
conflict of interest.
Councilmember Mabry made a motion, seconded by,Councilmember Edwards, to adopt
Ordinance No. 121, 1990 on Second Reading. '
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November 6, 1990
The vote on Councilmember Mabry's motion was as follows: Yeas: Councilmembers,
Azari, Edwards, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Appeal Filed by the Commission on Disability Challenging the
Building Review Board's Decision Granting a Variance to
Colorado State Law Specifying One Handicapped Accessible
Dwelling Unit for Every Seven Constructed in a Proposed
Multi -family Protect, Decision of Board Overturned
Following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
On September 27, 1990, the Building Review Board granted a variance of the
requirements contained in Section 9-5-111, C.R.S., and referenced in the City
Building Code, specifying one handicapped accessible dwelling unit for every
seven proposed in any new multi -family buildings. The applicant and owner,
Topanga Enterprises, represented by Vaught -Frye Architects, has proposed to
construct the final (third) phase of Fort Ram Village apartment complex
consisting of 138 dwelling units with 9 of those being designed as "accessible".
The State law specifies 19 accessible units in this case.
On October 11, 1990, a "Notice of Appeal" challenging the findings of the
Building Review Board was filed jointly by the Commission on Disability and CSU
Office of Resources for Disabled Students. The appeal alleges procedural and
technical errors on the part of the Building Review Board granting the variance.
BACKGROUND:
All of the past requests for variances of this nature which have come before the
Building Review Board have been approved, ranging from about half to a third of
the number of units stipulated in the State law. Such variances were granted
on the two earlier phases of the Fort Ram Village project.
Section 9-5-102, C.R.S., provides a mechanism for granting local exceptions under
the following provision:
The governmental unit responsible for the -enforcement of this
article shall grant exceptions to or modify 'any particular standard
or specification when it is determined that it is impractical and
would create an unusual hardship or would unreasonably complicate
the construction, alteration, or repair in question.
368
November 6, 1990 '
APPLICANT TESTIMONY SUMMARY
Frank Vaught of Vaught -Frye Architects opened the testimony at the hearing
stating the requirement for 19 accessible units was impractical due to the
location of the project relative to CSU making it difficult for disabled
students to commute to the campus. The variance request documents indicate the
project is specifically targeted for students. Mr. Vaught also noted increased
costs for site design to accommodate accessible units and indicated the units
are "less attractive" and therefore more difficult to rent.
Mr. Vaught quoted statistics he stated he obtained from Rose Kreston, Director,
Office of Resources for Disabled Students at CSU, citing 0.05% of the student
population being "confined" to wheelchairs and most "preferring" to live on -
campus. Mr. Vaught stated that none of the 16 existing accessible units
previously constructed in earlier phases of the Fort Ram Village project are
known to be rented to disabled people.
Mr. Vaught commented that because the fully furnished units are designed with
communal kitchens and living room areas, the "disabled community" would not
likely be interested in these units. Mr. Vaught cited statistics concluding
that about 5% of the Fort Collins population is considered mobility impaired and
his client's request for 9 accessible units would provide two units more than
5% of the 138 units contained in the last phase of the project.
Mr. Vaught noted the project was designed as a two-story with garden level,
using berms around the exterior walls to mitigate the visual impact on the
neighborhood and make it "aesthetically" appealing. He conceded the design also
created accessibility problems.
The Board asked about efforts to reserve accessible units pending demand and
whether any effort was made to publicize the availability of accessible units.
Mr. Vaught indicated the project has been successful enough that a waiting list
on the proposed final phase was already being compiled and no advertising has
been done.
OPPONENT TESTIMONY SUMMARY
Arne Andersen, vice chairman for the Commission on Disability spoke in
opposition to the request. Mr. Andersen felt that because earlier phases of the
project contain 218 units with 15 of those accessible, fulfilling State
requirements on the final phase would not be difficult. Mr. Andersen concluded
that because a waiting list is being developed for the last phase, the
accessible units must not be "unattractive" as Mr. Vaught has stated.
Mr. Andersen questioned whether the units can be restricted to students only and
indicated that 13% to 15% of the general population are seniors, 85% of whom can
be considered disabled. When asked by the Board about demand by the disabled
community for accessible apartments, Mr. Andersen read a statement from Nancy '
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November 6, 1990
Jackson, Director of Disabled Resource Services and COD member stating that her
organization is continually trying to locate accessible housing for its clients.
Mr. Andersen closed his testimony with a statement affirming disabled people
deserve the same right of choice about where they live as much as able-bodied
people do.
THE BUILDING REVIEW BOARD'S DECISION
The Building Review Board voted unanimously, with one abstention for possible
conflict of interest, to grant the request in this particular case, finding that
the applicant demonstrated the project to be "impractical" because of building
design and lack of demand (for accessible units), and finding the applicant had
shown a hardship would be created by "construction problems".
APPEAL OF THE DECISION
Specifically, the appeal of BRB's decision alleges the project owner created a
"self-imposed" hardship by designing garden level (below grade) units as opposed
to easily accessible, on -grade units. The appeal questions the project owner's
rationale for the "two-story with garden level" design to avoid more restrictive
three-story, building code requirements at the expense of accessibility. The
document further questions the "economic hardship" argument by the project owner
' as a valid basis for granting a variance and suggests that a variance request
should have been submitted earlier on in the design process.
The notice also alleges inaccurate and misleading statistics cited in the
original variance request. Rose Kreston of the ORDS states she did not speak
to Vaught -Frye Architects about the project and alleges much of the data used
in their case is incorrect and thereby invalidates the Board's decision.
The "Notice of Appeal" challenges the BRB's decision granting the variance
citing the following grounds:
Abuse of discretion, in that its decision was arbitrary and without
support of competent evidence in the record.
Failure to properly interpret and apply relevant provisions of the
Code and Charter.
C. Failure to conduct a fair hearing in that the BRB exceeded its
jurisdiction as contained in the Code and Charter.
d. Failure to conduct a fair hearing in that the BRB considered
evidence relevant to its findings that was substantially false or
grossly misleading.
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November 6, 1990
SCOPE OF COUNCIL CONSIDERATION
Pursuant to Sections 2-47 through 2-56 Council is empowered to act "based upon
the record on appeal and relevant provisions of the Code" providing that "new
evidence shall not be considered". The actions that Council can take are to
"uphold, modify,or overturn" the BRB's decision, or remand the case to the BRB
for rehearing under the provisions of Section 2-56 if Council finds that the
appellant was denied a fair hearing before the BRB."
Councilmember Mabry withdrew from discussion on this item due to a perceived
conflict of interest.
City Attorney Steve Roy described the steps in the appeal process as contained
in the City Code.
Councilmember Edwards made a motion, seconded by Councilmember Azari, that the
grounds listed in the appeal were sufficient and the appeal should be heard.
The vote on Councilmember Edwards' motion was as follows: Yeas:
Councilmembers, Azari, Edwards, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Mayor Kirkpatrick instructed Council to disregard materials received in advance
of the appeal which contained new evidence.
Director of Building Inspection Felix Lee summarized the facts and issues
contained in the appeal. He stated staff would not make a recommendation on
this item.
Chairman of the Commission on Disability Shirley Reichenbach, representing the
appellants, urged Council to overturn the Building Review Board variance
approval. She asked that Council set a policy stating the exact terms for
granting variances.
Attorney Ramsey Myatt, 110 E. Oak Street, representing the owner, Topanga
Enterprises stated the variance was granted based on state statutes. He quoted
specific provisions contained in C.R.S. 9-5-101 that was the basis on which the
variance was granted. Myatt presented City Clerk Wanda Krajicek with a set of
verbatim Building Review Board minutes which were prepared by a member of
Myatt's staff.
City Attorney Steve Roy stated minutes that are prepared verbatim are
permissible to be received and considered by the Council and that a copy of the
minutes should be provided to the appellants. Roy stated the minutes were to
be marked Exhibit C.
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November 6, 1990
Myatt stated there are currently no handicapped residents residing in Fort Ram
Village nor has anyone applied for residency. He stated the information which
was provided to the Board was not false or misleading and that information
regarding the handicap accessible units will be distributed to agencies
representing the disabled.
Felix Lee clarified the uniform building code has always applied to "units"
rather than people.
Arne Andersen, vice chairperson for the Commission on Disability stated that all
units in Fort Ram Village are occupied and noted that none are occupied by
disabled people.
Councilmember Azari made a motion, seconded by Councilmember Edwards, to
overturn the decision of the Building Review Board.
Councilmember Azari stated that she does not see major evidence of
impractibility or undue hardship on the part of the builder of the units. She
said it is important to uphold the law as written and to be very careful in
granting exceptions.
Councilmember Edwards spoke in support of the motion to overturn the Building
Review Board's decision.
Mayor Kirkpatrick stated she supported the motion to overturn the decision. She
said that only for reasons of physical construction complications and unusual
circumstances should a variance be granted.
The vote on Councilmember Azari's motion to overturn the decision of the
Building Review Board was as follows: Yeas: Councilmembers, Azari, Edwards,
Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 90-160 Establishing a Work Program to Implement the High
Priorities of the Environmental Management Plan Adopted
Following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
At a worksession on August 28, 1990, staff presented to Council the results of
the EMP audit and issues and concerns raised through; the public involvement
process on the Environmental Management Plan Framework:, A preliminary list of
Development Services' priorities was also presented. Council directed staff to
develop a specific Action Agenda to address the priority issues, to review the
Action Agenda with appropriate Boards and Commissions, and to present the
' results for Council review and adoption within 60 days. The proposed resolution
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November 6, 1990
presents the recommended Action Agenda program for the remainder of 1990 and for
1991.
BACKGROUND:
Beginning in April, 1990 staff began development of the Environmental Management
Plan Framework to set the stage for a comprehensive review and redirection of
the City's goals, objectives, policies, and programs with respect to
environmental management. The purpose of the Framework was to identify the
issues of concern in the community and to develop a work program for addressing
them.
During the Council worksession on August 28, Council directed staff to prepare
a prioritized Action Agenda for continuing work on the Environmental Management
Plan (EMP). A longer term workplan for the 1991 to 1993 period also is
attached to the agenda summary for information purposes. It identifies the
major environmental issues of concern in the community that were identified in
the EMP audit, their relative priority, and specific projects or tasks to
address these issues. Recognizing that interdepartmental coordination is a key
element of the City's environmental management programs, the work program also
identifies interdepartmental project teams to be assigned to each task or
project.
Preparation of the work plan was coordinated by Natural Resources staff with '
input from all service areas and consultation with all affected Boards and
Commissions. Additional public review was obtained through individual comments
and an open house held on October 13 and 14.
While the 1991 to 1993 Work Plan addresses a multitude of issues that were
raised during the fact-finding and community participation portion of the
process, staff feels that it is important to the community to select a few high
priority items and begin to take the actions needed to maintain or improve the
quality of the environment in Fort Collins. Staff's judgement, based on input
from Council, Boards and Commissions, and citizens, is that it is important to
focus available resources to achieve tangible results in a few high priority
areas. The issues that will not be addressed at this time will be reviewed
annually and reprioritized. Additional projects will be undertaken as resources
become available and/or as the City Council deems appropriate.
1990-91 ACTION AGENDA
Accordingly, six topical areas are identified as high priorities for the 1990
and 1991 work program. These are briefly summarized below and are described in
more detail in the attached 1991 to 1993 Work Plan. The programs identified are
funded in the approved 1991 budget and included in service area work programs.
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' November 6, 1990
Air Ouality
o Comply with federal standards for carbon monoxide by implementing policies
and programs to reduce automotive and wood -burning emissions and maintain
air quality as the community grows.
o Maintain air quality with respect to other pollutants by implementing
policies and programs to control emissions from new air pollution sources.
Environmentally Sensitive Areas
o Protect environmentally sensitive areas such as wetlands and wildlife
habitats by acquiring sensitive lands, regulating land uses in sensitive
areas, and encouraging voluntary conservation programs by landowners and
community organizations.
o Acquire 25 to 100 acres of environmentally sensitive lands within 24
months through land purchases and/or donations.
Hazardous Materials
o Reduce the human health, safety, and environmental risks of accidental
releases of hazardous materials through a comprehensive Hazardous
Materials Risk Reduction Program. Components of the program include new
policies and standards for facility siting, building construction, and
emergency response planning, and business inspection and public education
programs.
Rivers and Streams
o Increase public and governmental awareness of the historic, cultural,
scenic, and natural resource values of the Poudre River Corridor by
achieving National Heritage Corridor status, or other protective
designation.
o Protect or enhance the value of the Poudre River Corridor as a community
amenity by completing one or more river improvement project(s). Specific
projects may include acquiring lands for open space and recreational
purposes, cleaning up and restoring sections of degraded river bank, or
implementing a pilot project to enhance wildlife habitat on an area of
gravel -mined lands.
Stormwater Oualit
o Protect or enhance the water quality of local water bodies and comply with
new federal regulations by implementing policies and programs to prevent
' or limit nonpoint sources of water pollution.
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November 6, 1990
Environmental Management Plan Framework
Guide the ongoing implementation of the EMP and document the results of
the environmental policy audit and public outreach program by completing
the EMP Framework Report.
RECOMMENDATIONS OF BOARDS AND COMMISSIONS
In developing the recommended Action Agenda for 1990 and 1991, staff reviewed
drafts of the 1991 to 1993 Work Plan with the following Boards and Commissions:
Ad -Hoc Transportation Committee, Air Quality Task Force, Natural Resources
Advisory Board, Parks and Recreation Board, Planning and Zoning Board, Storm
Drainage Board, and Water Board. Their comments ranged from minor wording
changes on specific items, to a recommendation that the City facilitate a
community -wide process to create a future vision for the City. Staff has
attempted to incorporate the recommendations of the various Boards and
Commissions into the attached long-term Work Plan.
The various Boards and Commissions were all supportive of the overall plan and
Action Agenda. A11 stated that significant progress had been achieved in
identifying the important environmental concerns facing the city and developing
specific steps to be taken to address them. While some Boards expressed regret
that not all issues could be addressed immediately, they supported the
priorities identified for 1990 and 1991, with the understanding that remaining
issues would be addressed in future work efforts. Finally, while recognizing
that some action items (such as the State Implementation Plan for carbon
monoxide compliance) require long-term planning efforts, most boards encouraged
implementation of interim steps to achieve incremental improvements, where
feasible. Staff has incorporated this guidance into the 1990 and 1991 Action
Agenda and longer term work plan, where possible.
The specific comments of the various Boards and Commissions are attached."
Tom Shoemaker Natural Resource Administrator, gave a brief explanation of the
Environmental Management Plan. He outlined the process involved with the
development of the program.
Councilmember Winokur made a motion, seconded by Councilmember Azari, to adopt
Resolution 90-160.
Mike Doten, Chairman of Poudre Canyon Sierra Club, residing at 3419 Colony
Drive, urged Council to support the Resolufion and to continue to follow up with
the Plan.
Christine Ferguson, Natural Resources Advisory Board member representing Citizen
Planners commended the Natural Resources Advisory Board for its effort in making
the Environmental Management Plan a workable one. '
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Councilmember Mabry made a motion, seconded by Councilmember Edwards to amend
Section 1, in the second paragraph of the subparagraph titled Environmentally
Sensitive Areas, by deleting the phrases "25 to 100 acres of" and "within 24
months", in the second paragraph of subparagraph titled Rivers and Streams,
delete the phrase "a pilot" and replace the word "project" with "projects",
delete the phrase "on an area of gravel -mined lands". Additionally, under
subparagraph titled Water Quality, delete "anticipated new", add "relating
thereto after federal regulations" and delete the remainder of the sentence.
Councilmember Mabry stated he would like to see the Resolution be broader based
and more enabling in allowing the City to do more than the projects and
suggestions specifically outlined.
Christine Ferguson, Natural Resources Advisory Board member opposed the
amendment stating it created a large loophole for action.
Councilmember Azari stated she would not support the amendment and said that
though the Resolution is not as specific as it could be, it creates guidelines
to begin the process.
Councilmember Winokur stated he would not support the amendment and added the
Resolution was meant to be a general guideline in achieving goals.
' Councilmember Mabry stated that he felt the Resolution was not specific enough
and if it was meant to be a guideline, it was limiting and constraining.
The vote on Councilmember Mabry's motion was as follows: Yeas: Councilmembers,
Edwards, Mabry and Maxey. Nays: Councilmember Azari, Kirkpatrick and Winokur.
THE MOTION FAILED.
Councilmember Azari congratulated staff on the timeliness of their report and
stated she would support the motion.
The vote on Councilmember Winokur's motion to adopt Resolution 90-160 was as
follows: Yeas: Councilmembers, Azari, Edwards, Kirkpatrick, Mabry, Maxey and
Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 90-161 Accepting a Report from the -Planning and Zoning
Board on the Audit of Performance of the Land Development Guidance
System (LDGS) and Adoptinq an Action Program for 1991. Adopted as Amended
The following is staff's memorandum on this item.
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November 6, 1990
1
"EXECUTIVE SUMMARY
At a work session on August 28, 1990, staff reviewed with Council a report from
the Planning and Zoning Board on the audit of the performance of the Land
Development Guidance System (LOGS). Council directed staff to develop a specific
action program, to review the action program with appropriate Boards and
Commissions, and to present the work program for Council review within 60 days.
The proposed Resolution formally accepts the recommendations of the Planning and
Zoning Board and directs staff to undertake the recommended action program for
1991."
BACKGROUND:
One of the 1990-1991 City Council goals assigned to Development Services was to
examine in detail the performance of the Land Development Guidance System. It
has been nearly five years since the last comprehensive audit was completed.
The purpose of the audit was to focus on present strengths and weaknesses,
successes and difficulties, controversies and voids associated with the LOGS and
to recommend changes where changes were necessary.
The audit process began in April, 1990 with the development of a mission
statement, work program and a ten -page statement of anticipated issues. During
the next phase, data and opinions about the LOGS were collected. Over 100 '
pages of written comments about the LDGS were compiled. In addition, three open
houses and roundtable discussions were held in May, June and July. A draft
report was reviewed by the public in July. Two public hearings were conducted
in August.
The Planning and Zoning Board was an active partner and participant in all
phases of the audit. The product of this effort was a written report entitled
"A Report the City Council on the Performance of the Land Development Guidance
System 1985 - 1990." This report identified several major issues as well as
proposed changes where necessary. On August 27, 1990, the Planning and Zoning
Board unanimously voted to send the Audit Report to the City Council. This
report was presented to the City Council at a work session on August 28, 1990.
Since the August work session, staff has finalized a list of top priority
projects to be implemented in 1991 along with a number of lesser, but important
refinements to the LOGS. This effort included the advice and comments from
several affected boards and commissions.
FINDINGS
Among the most significant findings and recommendations is that the LDGS should
be retained as the principal means of regulating land development in Fort
Collins. The audit also identified a wide range of issues and a complement of
recommendations. These fall into six categories.
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November 6, 1990
1. Community -wide and Cumulative Impacts of Development. Some issues have
Y P P
implications which must be considered from a city-wide perspective before they
can be implemented on an individual development project basis through the LOGS.
These issues need long-range policy direction from City Council. The audit
identified a broad range of issues including, but not limited to, air quality,
transportation, hazardous materials, and natural resource protection. Many of
the issues identified in the audit will be addressed in the Environmental
Management Plan (EMP) and Transportation Plan efforts. When these plans are
completed, the LDGS will be used as a tool of implementation.
Z. Land -use policy. The community's land use pattern has evolved in most part
in accordance with many of the policies set forth in the City's Comprehensive
Plan. The Zoning Ordinance and the Land Development Guidance System represent
two of the most important tools the City uses to implement its long-range land
use policies. Most of the criteria in the LDGS can be traced directly back to
the adopted Land Use Policies Plan (LUPP). During the audit process, concern
was raised about several of the policies contained in this Plan and implemented
through the LOGS. The fact that ten years has passed since most of these
policies were last publicly debated was probably the reason for the concern
expressed today. The policies which encourage mixed -use and higher density
residential development were most frequently mentioned in need of re-
examination. Opinions were quite divided on whether the City should do more or
less to encourage these land use patterns. Some questioned the effectiveness
of the LOGS in achieving other City policies, for example, to provide more low
income housing or encourage growth north of the Poudre River. Finally, the
City's Comprehensive Plan has been criticized for being too complex and
difficult to understand.
The audit did not resolve these issues but instead offered an approach to
address them. For example, one of the recommendations was that the Planning and
Zoning Board undertake a process to address specific land use issues that are
now being questioned (e.g. mixed use, higher density, grocery stores on College
Avenue, etc.). Another recommendation was that the City create maps and
graphics that depict and summarize the vision contained in the numerous plans
and documents that form the City's Comprehensive Plan. Yet another suggestion
was that training be offered to individuals and neighborhood groups on the
Comprehensive Plan and LDGS.
3. Urban Design. Another category of issues identified in the Audit Report
related to the design and appearance of new development. The audit found a
general satisfaction with the quality of design of new development projects
required by the LDGS. However, the audit did identify some areas that could be
improved. They included architectural design and neighborhood compatibility;
historic buildings; bicycle and pedestrian access; signage; and streetscapes
(e.g. wood fences). Some of these concerns will be addressed on a city-wide
basis (for example, the EMP and Historic Resources Preservation Program), on an
area -by -area basis (for example, the Harmony Corridor and Prospect Corridor
�I streetscape guidelines), while others will addressed on issue -by -issue basis
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November 6, 1990
for example, the neighborhood commercial sin guidelines). Finally, the Audit
( P 9 9 9 ) Y�
Report recommended the City undertake a comprehensive examination of its urban
design policies with a view toward adopting new ones which would both protect
and enhance the visual appeal of the community.
4. Neighborhood Compatibility. This issue was the most controversial aspect
of the LDGS. The audit found that the issue was both a question of social and
physical compatibility and a question of the development review process.
The audit identified a number of issues in regard to compatibility which
included how written notices were distributed; the perception by some that the
burden of proof of compatibility was placed on the neighborhood rather than on
the developers; and finally, how "compatibility" was defined and how it could
be achieved.
The audit report suggested a variety of ways to address these issues. One
suggestion was to refine the written notification to include more information
about the proposed project so that citizens have more information before they
attend a meeting. Another suggestion was for staff to become responsible for
the entire written notification procedure including collection of names and
addresses .of affected property owners in order to make the process more
consistent. Also, the sign notice could include more information about a
development proposal.
One of the more complex recommendations was to define "compatibility" in more
specific terms, and to develop design guidelines which would depict alternative
treatments such as landscape screens, building setbacks, land use transitions
and other mitigation measures.
5. Predictability of land use. While the results of the audit indicated that
the LDGS has improved the predictability of land use, improvements are
recommended. For example, concern arose in regard to the purpose of developer
initiated "master plans" and the concern over frequent changes to them.
The report recommended a number of actions which included changing the name of
master plan to "overall" or "general" development plan to avoid the confusion
that has surfaced over the difference between the use of the term "master PUD
plan" and the City's "Comprehensive Plan". Another suggestion was that an
interdepartmental/citizen task force be formed to look at the purpose and use
of master PUD plans with a view toward making changes to the LDGS.
6. Predictability of decisions. Overall, the audit found that the
predictability and consistency of decision -making under the LDGS was good.
However, improvements were recommended.
One source of confusion was in regard to the titles on the Point Charts. Some
of these titles were believed to mislead the intent of the criteria and
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' November 6, 1990
consequently need to be updated. The meaning of some terms in the LDGS was
unclear, for example, "retail shops", "functionally a part of.." and a better
definition for the circumstances as to how points were awarded for "well done"
and "very well done" on the point charts. In addition, administrative
guidelines need to be developed for the Planning Director to make decisions when
a neighborhood meeting should be held, the extent of geographic area to be
notified, and when a combined preliminary/final submission will be allowed and
when it will not.
1990 - 1993 ORGANIZATIONAL FRAMEWORK FOR IMPLEMENTATION
These issues and actions were described and prioritized in the detailed Audit
Report and were summarized in the attached "Organizational Framework". The
framework document also includes a proposed timetable for implementation.
Approval of the attached Resolution represents formal acceptance of the Audit
Report and gives direction to staff related to the most important actions to be
undertaken in 1990 and 1991.
Several of the actions have been started and others will begin in 1991. Some
recommended actions will not begin until after 1991 as shown on the attached
framework. Most of the actions will require policy direction from City Council
as well as from various boards and commissions. Other changes will require
amendments to the City Code and others can be accomplished administratively.
Nearly all of the recommended actions will benefit from public review and
comment prior to their implementation.
Staff is confident that the list of actions can be implemented and the results
will improve the performance of the LDGS."
Assistant Planning Director Joe Frank gave a brief presentation of the LDGS
Audit Report and spoke of the Action Program.
Councilmember Edwards made a motion, seconded by Councilmember Mabry, to adopt
Resolution 90-161.
Councilmember Mabry made a motion amending Section 2, items 1, 4 and 6 deleting
the word "the" and replacing it with "a". Councilmember Edwards accepted the
motion as a friendly amendment.
Tim Johnson, representing the Natural Resources Advisory Board, read a letter
drafted by the NRAB dealing with concerns regarding assumptions made by the
LDGS. Johnson stated the NRAB strongly supported the first four priority items
as recommended in Section 2.
Councilmember Azari stated she supported the Resolution.
Councilmember Mabry made a motion to amend Section 2, item 6 by changing the
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November 6, 1990
second "the" to "a" with the sentence reading "a Prospect Road Corridor Urban
Design Plan." Councilmember Edwards accepted the motion as a friendly
amendment.
Councilmember Mabry stated his pleasure with the LDGS Audit stating it was
overdue and well received.
Mayor Kirkpatrick stated she would support the Resolution and that she is
satisfied in seeing something in writing that makes a commitment.
The vote on Councilmember Edward's motion to adopt Resolution 90-161 as amended
was as follows: Yeas: Councilmembers, Azari, Edwards, Horak, Kirkpatrick,
Mabry, Maxey and Winokur. Nays: None.
IL'Lauhlf 1913,
Other Business
Councilmember Edwards made a motion, seconded by Councilmember Mabry, directing
staff to evaluate options, alternatives and timelines surrounding the renovation
of the Lincoln Center pool, its effect on a Senior Citizens Center, its effect
on the remodeling of the Lincoln Center as well as the needs of the swimming
community in the downtown area.
The vote on Councilmember Edward's motion was as follows: Yeas:
Councilmembers, Azari, Edwards, Kirkpatrick, Mabry, Maxey and Winokur. Nays:
None.
THE MOTION CARRIED.
Mayor Kirkpatrick spoke of the Green Investing memo stating staff recommends the
City continue with current investment policies but monitor changes in investment
fields.
Adjournment
The meeting adjourned at 9:25 p.m.
Mayor
ATTEST:
-City Clerk
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