HomeMy WebLinkAboutMINUTES-05/15/1990-RegularMay 15, 1990
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, May 15, 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, Horak, Kirkpatrick, Mabry, Maxey, and
Winokur.
Staff Members Present: Burkett, Krajicek, Roy
Citizen Participation
A. Proclamation Naming May 13-19 as National Preservation Week was
accepted by Rheba Massey, Chairman, Landmark Preservation Commission.
B. Proclamation Naming May 15 as Scott Alyn Day was accepted by Scott
Alyn.
' C. Proclamation Naming May 21-28 as Buckle Up America! Week was accepted
by June Johnson, Larimer County Safety Council.
D. Proclamation Naming May 20-26 as Public Works Week was accepted by Marc
Engemoen, representing the City's public works departments
E. Presentation of Greeley Proclamation on Fort Collins Day at the Greeley
Independence Stampede was presented by two gentlemen representing the
Greeley Independence Stampede.
Yolonda C. Nicely, 1625 Crestmore Place, encouraged Council and the Water
Board to become involved in opposing Thornton's water plans.
Agenda Review: City Manager
City Manager Burkett stated there were no changes to the agenda as
published.
Councilmember Edwards requested Item #12, Hearing and First Reading of
Ordinance No. 54, 1990, Designating the; Avery House Historic Landmark
District, be withdrawn from the Consent Calendar.
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May 15, 1990
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 be "pulled" off the Consent Calendar and considered separately.
Agenda items pulled from the Consent Calendar will be considered separately
under Agenda Item #21, Pulled Consent Items.
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Consider approval of the minutes of the regular meeting of April 17.
Funds have been appropriated in the 1990 budget for the construction
of Phase II of the Princeton/Drake storm sewer project. This phase
will extend storm sewer up Princeton Road to College Avenue and then
to the intersection of Drake and College.
Phase III of the project, installation of storm sewer in Drake Road,
was scheduled in future years. However, upon initiation of Phase II
it was realized that significant cost savings and reduced neighborhood
and traffic impacts can be realized if Phase III is constructed with
Phase II in 1990.
This Ordinance, which was unanimously adopted on First Reading on May Q
1, appropriates funds from the Storm Drainage Fund prior year reserves
in the amount of $250,000 for construction of Phase III of the
Princeton/Drake storm sewer.
Programs.
City Council authorized the creation of the Parks and Recreation Gift
Catalog Account in 1982 as a vehicle for individuals, organizations,
businesses, service clubs and corporations to make in -kind and
financial donations to help improve the City's Parks and Recreation
programs and facilities in Fort Collins. All donations are tax
deductible, and are guaranteed to be used for the purpose for which
they were donated. Funding usually remains in the reserves until it
is needed. This Ordinance, which was unanimously adopted on First
Reading on May 1, appropriates $3,800 in the Gift Catalog Reserves,
$3,300 for additional tree plantings and $500 for use in our
Alternative (Special Populations) Program.
College Avenue.
Engineering staff has been working with the Colorado Division of I
Highways (CDOH) to identify opportunities to improve some of the
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May 15, 1990
' intersections along College Avenue. The CDOH has offered to provide
$710,000 to the City to replace the existing asphalt pavements with
concrete pavements at the College/Prospect and College/Drake
intersections. These concrete pavements will correct the severe
rutting problems at the intersections. Construction is scheduled to
occur in 1991. Both intersections are slated for capacity
improvements (additional lanes and signal modifications) in subsequent
years in conjunction with the Choices Capital Improvement
On May 1, Council unanimously adopted Resolution 90-60 Authorizing the
Mayor to Enter into an Intergovernmental Agreement with the State for
the Purpose of Obtaining $710,000 for Intersection Improvements on
College Avenue. This Ordinance, which appropriates $710,000 in
unanticipated revenue made available by the Colorado Division of
Highways to fund improvements at the intersections, was also
unanimously adopted on First Reading on May 1.
10. Second Reading of Ordinance No. 49, 1990, Appropriating Prior Year
Reserves in the Water Fund.
Growth in the Fort Collins service area is expected to continue at a
moderate pace during the next several decades. With present market
conditions, it is believed that acquiring additional supplies in
advance of the City's actual needs is prudent.
' The Water Board and Utility staff have reviewed several opportunities
to acquire additional water supplies and recommend that the City
should proceed with these purchases.
On May 1, Council unanimously adopted Resolution 90-61 Authorizing the
Purchase of 98 Shares of North Poudre Irrigation Company Water at a
cost of $509,600.
On May 1, Council also unanimously adopted Ordinance No. 49, 1990 on
First Reading, which appropriates $1,800,000 from the Utility's
reserves in the Water Fund for the purchase of the 98 shares as well
as additional water supplies that are currently being considered.
A. Hearing and First Reading.,of Ordinance No. 51, 1990 Adopting the
1988 Uniform Mechanical Code'as amended.'
Hearing and First Reading 'of' Ordinance No:.52, 1990 Adopting the
1988 Uniform Plumbing Code aslamended.
C. Hearing and First Reading of Ordinance No. ,53, 1990 Adopting the
1990 National Electric Code as amended.
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May 15, 1990
12.
13.
14.
15.
At its regular April 26th meeting, the Building Review Board
unanimously recommended adoption of three companion codes to the
Uniform Building Code.
On April 4, 1990, the Landmark
public hearing concerning the
designation of the Avery House
(328 West Mountain Avenue and 108
At that hearing, the Commission
Council that historic district
accomplished, pursuant to the
requirements of Chapter 14 of the
Services.
Preservation Commission (LPC) held a
proposed local historic district
and Avery Carriage House properties
North Meldrum Street, respectively).
adopted a Resolution recommending to
designation of the properties be
provisions and public notification
Code of the City of Fort Collins.
This Ordinance moves the Department of the City Clerk from the Office
of Administrative Services. The City Clerk will become part of the
Executive/Legislative service area and will report directly to the
City Manager. The Charter provides for the appointment of the City
Clerk by the City Manager, with confirmation by the City Council.
Horsetooth Reservoir Background Water Quality Study
The resolution would authorize the Mayor to enter into an
intergovernmental agreement with CSU for a study of background water
quality in Horsetooth Reservoir. The study is necessary in order to
assure that the quality of raw water treated for domestic use is
maintained and to provide information on algae in the reservoir that
may impact water treatment processes.
the Sale of Drinking Water.
On November 16, 1989, the City and the Fort Collins -Loveland Water
District entered into an agreement for the mutual treatment,
transmission,; and delivery of drinking water. In accordance with
Paragraph 8(a) of that agreement, the delivery .of water between the
City and District will not commence until the completion of the 10
million gallon per day (mgd) conventional water treatment process
addition and treatment process modifications to the Tri-District's
Soldier Canyon Water Treatment Plant. It is anticipated that the
addition and modifications to the Soldier Canyon Water Treatment Plant
may not be completed until 1993. Further, the City, the TriDistricts,
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May 15, 1990
16.
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and the Northern Colorado Water Conservancy District are participating
in a regional study to determine the most cost effective solution for
supplying treated water to the area. As a result, the District has
decided to postpone expansion of Soldier Canyon Water Treatment Plant
until the regional study is completed. In the interim, the District
will need to purchase a small amount of additional treated water to
meet its projected water demands. The District would like to purchase
that additional treated water from the City. An agreement, outlining
the conditions of a sale of treated water to the District was
developed jointly by the City and District.
In 1985, the City and the Fort Collins -Loveland Water District entered
into an agreement that expired in February of 1990. The agreement
provided for the establishment of service area boundaries, transfer of
customers, sharing of master plans, and cooperation in providing
service to the customers of the City and the District. The agreement
has worked well in providing an orderly process for resolving service
area boundary issues.
The agreement is now ready to be extended for an additional five-year
period.
Items Relating to the Purchase of Additional Water Supplies
A. Resolution 90-68 Authorizing the Purchase of 693 units of CBT
Water.
Resolution 90-69 Approving a Temporary Use Permit with the
Northern Colorado Water Conservancy District for 693 units of CBT
water.
Growth in the Fort Collins service area is expected to continue at a
moderate pace during the next several decades. With present market
conditions, it is believed that acquiring additional supplies in
advance of the City's actual needs is prudent.
Passage of this resolution will approve a change order to a
Professional Services Agreement with Greenhorne O'Mara, Inc. in the
amount of $51,668 for construction administration services for the
drainage improvements associated with the Canal Importation Channel
from Spring Creek to Shields Street. Both the original request for
proposals and the current Professional Services Agreement for the
project included a provision that the contract can be amended for
construction management services after detailed costs are identified
from the project design.
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May 15, 1990
19.
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On April 6, 1990, Steven and Kelley Shreiner filed an appeal of the
March 26, 1990, final decision of the Planning and Zoning Board to
deny the Collinshaus PUD, Preliminary and Final Plan. On May 1, 1990,
Council voted 7-0 to overturn the final 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
overturning the Planning and Zoning Board decision.
Routine Deeds and Easements.
a. Powerline easement from Ronald L. Erbes, 1511 Remington, to
install a 6' x 6' pad mount transformer to underground existing
overhead electric services. Monetary consideration: $54.
($1.50/sq. ft.)
b. Powerline easement from Sara G. Ontiveros, 614 Stover Street, to
underground new streetlight service. Monetary consideration: $10.
c. Powerline easement from Daniel T. Shaner and Diana K. M. Shaner,
1227 West Mountain Avenue, to underground existing overhead
electric services. Monetary consideration: $10.
d. Powerline easement from Michael Bogen Goldhammer and Barbara
Winter Goldhammer, 1605 Smith Place, 8' x 8' pocket easement to
set electric oval vault. Monetary consideration: $128. ($2/sq.
ft.)
e. Powerline easement from Lester R. Sunde, 214-222 Pine Street, to
underground existing overhead electric services. Monetary
consideration: $10.
f. Powerline easement from Harold J. Asmus and Dorothy I. Asmus, 226
Pine Street, to underground existing overhead electric services.
Monetary consideration: $10.
g. Powerline easement from Merel K. White, 1608 South Whitcomb, to
install a 5' x 4' oval electric vault. Monetary consideration:
$40. ($2/sq. ft.)
Ordinances on Second Reading were read by title by Wanda Krajicek, City
Clerk.
Item #7.
Basin.
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May 15, 1990
I
Item #8.
Item #9.
Improvements on College Avenue.
Item #10.
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item #11. A.
B.
C.
Item #12. He
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Item #13.
Councilmember Edwards made a motion, seconded by Councilmember Maxey, to
adopt and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and
Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 54, 1990, Designating
the Avery House Historic Landmark
District. Adopted on First Reading
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
On April 4, 1990, the Landmark Preservation Commission (LPC) held a public
hearing concerning the proposed local historic district designation of the
Avery House and Avery Carriage House properties (328 West Mountain Avenue
' and 108 North Meldrum Street, respectively). At that hearing, the
Commission adopted a Resolution recommending to Council that historic
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May 15, 1990
district designation of the properties be accomplished, pursuant to the '
provisions and public notification requirements of Chapter 14 of the Code
of the City of Fort Collins.
BACKGROUND:
Local district designation will include the Avery House, the Avery Carriage
House, the Gazebo, the fountain and surrounding grounds. In keeping with
the Fort Collins Landmark Preservation Ordinance, once designation is
accomplished, the undertakings listed below will require the review and
approval of the Landmark Preservation Commission:
o changes to the exterior of buildings or structures;
o demolition or relocation of any building or structure; or
o new construction or additions to any building, structure or land
surface within the district boundaries.
The LPC recommended that the Secretary of Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings,
adopted by the LPC on May 7, 1986, be the standards by which exterior
alterations or additions will be reviewed. The LPC also recommended that
historic district designation should not be construed to prohibit the
accomplishment of landscaping or other work on the grounds of the district,
which is necessary as part of normal grounds maintenance and repair.
A brief update on the status and significance of the primary structures
follows:
1. The Avery House: The Avery House, built in 1879 by Franklin C. Avery,
is one of the City's best remaining examples of the construction done
during the early days of the town, and is a good example of High
Victorian Gothic architecture. It is one of the oldest remaining
structures in Fort Collins. In 1900, the Avery family constructed a
carriage house on the north side of the property, which exhibits many
similar characteristics of the main house.
The Avery House was placed on the National Register of Historic Places
in 1972. Local landmark designation followed in 1974. Today, the
Avery House is owned by the City of Fort Collins, and is home to the
Poudre Landmarks Foundation. The Foundation operates the Avery House
as a faithfully restored example of western Victorian living, and is
open to the public.
2. The Avery Carriage House: The City of Fort Collins acquired the Avery
Carriage House in 1989. The Carriage House is also operated and
maintained by the Poudre Landmarks Foundation as meeting and office
space.
Located at 108 N. Meldrum, the Avery Carriage House was built in 1900.
Displaying Victorian era features, it is constructed -.of wood frame and '
native stone. The bell -cast hip roof and flared dormer windows are
similar to Avery House design details.
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May 15,.1990
' The Carriage House is in fair condition, although it has deteriorated
rapidly in recent years. It remained in the ownership of the Avery
family until 1960, when it was sold and remodeled for residential use.
The major modifications to the structure include the addition of a shed
dormer on the east elevation; removal of the carriage doors and
installation of a large window on the west elevation; interior
remodeling and raising of the floor. Because of these substantial
modifications to the original structure, the Carriage House does not
meet the criteria for individual landmark designation.
In spite of the modern adaptations, the Carriage House retains some
Features that represent a definable period of construction in Fort
Collins. It is also important for its association with the Avery
family, who were significant contributors to the town's physical and
social development.
3. Statement of Significance: The Avery House and grounds were the social
hub of the community for generations. The property as a whole invokes
a feeling of time and place that represents the early years of Fort
Collins. The 1880's and 189O's were a time of rapid expansion and
optimistic outlook for the new town, and the elegance of architecture
and interior design of the Avery House reflect that mood. The
establishment of an historic district at this site will provide a focal
point, or context, by which the development of the surrounding
' neighborhood can be understood and appreciated.
CONCLUSION: The Avery Carriage House does not meet landmarks criteria for
individual landmark designation. However, it does make significant
contributions to a district which includes the landmark Avery House.
Historic District designation will aid public knowledge and understanding
of an important era in Fort Collins' development."
Councilmember Edwards withdrew from discussion and vote on this item due to
a perceived conflict of interest.
Councilmember Maxey made a motion, seconded by Councilmember Horak, to
adopt Ordinance No. 54, 1990 on First Reading. Yeas: Councilmembers
Azari, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None.
(Councilmember Edwards withdrawn)
THE MOTION CARRIED.
Staff Reports
City Manager Burkett commented on the' summer street maintenance program and
noted the low bid of $2.5 million was awarded to Western Mobile.
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May 15, 1990
Councilmember Reports I
Councilmember Azari announced that the Airport Authority voted to cancel
the lease between the Airport Authority, the City of Loveland, and the City
of Fort Collins.
Mayor Kirkpatrick noted that the Agenda had been printed on recycled paper.
Ordinance No. 39, 1990, Authorizing the
Purchasing Agent to Enter Into an
Agreement for the Lease/Purchase
Financing of Computer Equipment and
Software. Adopted on Second Readina
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
On May 1, Council unanimously adopted Resolution 90-50 Approving the
Purchase of Computer Aided Dispatch Upgrades.
There are three major goals included in this system upgrade. The first is
to automate Municipal Court, interfacing its operation with the police
records system. The second is to replace the old ALERT records system.
ALERT is currently used by CSU Police, Loveland Police, and minimally by
Municipal Court. This upgrade allows Municipal Court and CSU Police to
move their current limited operation from ALERT to the upgraded system
which provides expanded and integrated operation with Fort Collins Police.
Loveland Police is purchasing its own new system. The third goal is to
upgrade the current four year old computer aided dispatch and two year old
records management systems shared by police, fire, and ambulance to meet
user requirements.
This Ordinance, which was unanimously adopted as amended on First Reading
on May 1, authorizes the )ease/purchase financing of the equipment and
software needed by the City to upgrade the emergency services computer
system and for the WordPerfect mainframe word processing system."
Councilmember Azari asked how the ALERT system will improve department
efficiency along with potential time and personnel savings.
Division Commander Bud Reed stated the planned computer upgrades will be
more efficient and responsive to user :needs and noted the significant
changes will include automation of manual overrides. He stated the upgrade
will allow production of management system information reports without
calling the company to reprogram the computer and stated the upgrades will
allow for a one-time entry of data elements in the department's records
management system. He stated the upgrade will meet all the new federal and '
state NCIC reporting requirements and noted the upgrade includes an
integrated municipal court system. He stated the police officers will have
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May 15, 1990
'
on-line access to in -car mobile data
the ALERT upgrade for municipal court
terminal information and noted that
will allow it to upgrade its entire
system and eliminate
redundant entry.
He stated there were no plans for
additional staffing as
a result of the
system upgrades.
Integrated Resources Division Manager Liz Stroh stated that in the cost
benefit study $151,000 will be saved annually in productivity due to the
computer upgrades and stated that each department will be able to provide
better quality service.
Councilmember Azari made a motion, seconded by Councilmember Maxey, to
adopt Ordinance No. 39, 1990 on Second Reading. Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 44, 1990, Amending
Chapter 5 of the Code Relating to
the Waiver of fees for the Purpose of
Economic Development. Adopted on Second Reading
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
' This Ordinance, which was adopted as amended by a vote of 5-1 on First
Reading on May 1, establishes a policy under which certain exceptional,
larger industries may be considered, on a case -by -case basis for additional
fee waivers. The Ordinance further stipulates that any such additional fee
waivers be granted only in the case of industries whose operations are
compatible with the overall policies, plans and objectives of the City and
will provide revenues equal to or greater than the fees waived.
The Ordinance provides a sufficient grant of authority for the waiver of
fees which are otherwise mandatory; and permits administrative criteria to
be established which will guard against allegations of arbitrariness in the
selection process. It will also help ensure that particular waivers will
have sufficient public purpose and provide an adequate return to the City."
Councilmember Mabry made a motion, seconded by Councilmember Edwards, to
adopt Ordinance No. 44, 1990 on Second Reading.
Yolonda C. Nicely, 1625 Crestmore Place, encouraged adoption of the
ordinance.
Bruce Lockhart, 2500 East Harmony Road, stated the ordinance would not help
the working poor and stated it was designed to aid developers. He
encouraged Council to deny the ordinance.
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May 15, 1990
Councilmember Azari noted that the dollars that are waived are not replaced
or collected by the City. She expressed concern about measuring the City's
return on the investment.
The vote on Councilmember Mabry's motion to adopt Ordinance No. 44, 1990 or
Second Reading was as follows: Yeas: Edwards, Horak, Kirkpatrick, Mabry,
and Maxey. Nays: Councilmembers Azari and Winokur.
THE MOTION CARRIED.
Ordinance No. 50, 1990, Assessing
the Cost of Improvements in the
Centre for Advanced Technology
Special Improvement District No. 90,
Adopted on Second Reading
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
In May of 1987, the City established the Centre for Advanced Technology
Special Improvement District No. 90 (the "District"). This SID consists of
approximately 158 acres of land located in the central portion of the City,
adjacent to and northeast of the intersection of Shields Street and Drake
Road. The District is part of the 235 acre Centre development and is
adjacent to the south campus of Colorado State University.
In accordance with Chapter 22 of the City Code, the City began the closeout
of this District with the adoption of Resolution 90-40 which accepted the
improvements and ordered a notice to be sent to property owners informing
them of the assessments. A public hearing date of May 1, 1990 was set to
hear any objections from the property owners.
This Ordinance, which was adopted 5-0 on First Reading on May 1, places an
assessment against each property in the District and outlines the procedure
for collection. The assessment amount for each property is listed in the
assessment roll and includes the cost of construction, engineering,
formation and financing of the District."
Councilmember Mabry withdrew from discussion and vote on this item due to a
perceived conflict of interest.
Councilmember Maxey made a motion, seconded by Councilmember Horak, to
adopt Ordinance No. 50, 1990 on Second Reading. Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Maxey, and Winokur. Nays: None.
(Councilmember Mabry withdrawn)
THE MOTION CARRIED.
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May 15, 1990
Ordinance No. 56, 1990 Adopting the 1988
Uniform Building Code as Amended,
Adopted as Amended on Second Reading
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
Published at three-year intervals, the Uniform Building Code series has
been the model for fort Collins building codes for the past thirty years.
In November of 1989 an ad hoc committee of the Building Review Board,
comprised of architects and engineers, commercial and residential
contractors, a member of the Commission on Disability and local code
officials, was established to review these publications and local
amendments proposed by staff and other interested parties. The committee
met ten times from November 14, 1989 to April 10, 1990. The Building
Review Board held two public hearings to receive comment on proposed code
items on March 29, 1990 and April 12, 1990. Notices were mailed to all
contractors and local design professionals.
At its regular April 26th meeting, the Building Review Board recommended
adoption of the entire code package proposed by the committee with the
exception of one Building Code item. The Board voted 7 to 1 to defeat the
' committee's proposed item which would reduce maximum guardrail spacing from
six inches to four inches and provide guardrails around exterior stair
wells and window wells within 36 inches of a walking surface. The item was
developed by staff based on a national, 10-year study from data compiled by
the U.S. Consumer Products Safety Commission which evaluated over 3700
injuries and 34 deaths of small children. The data suggests that nearly
50% of all children ten years old can pass completely through a 6-inch wide
opening. Although the next edition of the model code will include the
4-inch spacing, staff felt that waiting three years to consider the change
was an unwarranted delay for a significant safety issue which seemingly has
modest cost implications. Several Board members and contractors opposed
the change based on architectural appeal and additional costs. The text of
the recommended staff proposal is included below:
Amend Section 1711 by revising the third paragraph to read as follows:
"Open guardrails shall be constructed such that intermediate
rails or balusters are spaced no more than 4 inches apart.
EXCEPTIONS: 1. Guardrails constructed with both' horizontal and
vertical elements or other multi -directional .patterns which
prevent a sphere 6 inches in diameter from passing through.
2. Guardrails which will prevent a sphere 12 inches in diameter
' from passing through them when located in non-public areas for
production, manufacturing, storage, servicing equipment or
similar uses."
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May 15, 1990
Amend Section 1711 by adding a new fourth paragraph to read as follows:
"All area, stair, and light wells adjacent to any building which
are less than 36 inches from an intended walking surface and
deeper than 48-inches below the surrounding ground level creating
an opening greater than 24 inches measured perpendicular from the
building, and having a slope steeper than 2 horizontal to one
vertical shall be barricaded with guardrails conforming to this
section around the entire opening, or be provided with an
equivalent barrier.
EXCEPTIONS: 1. The access side of stairways need not be
barricaded.
2. Area wells provided for emergency escape and rescue windows
shall not be obstructed with grates or covers unless such
barricades comply with Section 1204 of this code.
3. Security covers and grates may be used over stairways and
other openings used exclusively for service access or for
admitting light or ventilation."
The other items which received notable public comment at the hearings were:
a. The Uniform Building Code requirement for separation of all
dwelling units located within the same building by one -hour rated
fire -resistive construction. Two local developers stated this would
add costs to a building. This requirement would provide additional
fire protection for the occupants of one unit from the actions of their
neighbors and is consistent with long standing requirements for
attached single-family housing.
b. A local amendment to the Building Code which will allow alternate
design criteria in lieu of submitting energy calculations for
residential buildings. This alternate design criteria specifies a
R-value of R-38 for insulated roof/ceiling framing cavities forming an
exterior thermal envelope. Two local developers and an architect
stated this would be overkill and not practical for all types of roof
Framing. The Division currently uses the criteria as a policy
guideline. The new provision will merely formalize it into the body of
the code.
Among other significant new local amendments is the requirement for fences
or other barricaded enclosure for all new outdoor spas and swimming pools.
The Fort Collins amendment was developed largely from the language which
will appear in the 1991 Uniform Building Code.
Also new, indoor ventilation requirements will be significantly upgraded by
local amendments which will require doubling the current amount of outside
dilution air from 5 cfm per person to 10 cfm per person in non-smoking
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May 15, 1990
' areas. Rooms where smoking is permitted will require an increase to 15 cfm
per person.
Through the ad hoc committee, staff had initially proposed a new code
provision intended to minimize radon gas infiltration into occupied spaces
within buildings from surrounding soils by using specialized sealing and
caulking methods in foundations and concrete floor slabs in all future
buildings. Several Board members, committee members, and contractors
questioned the effectiveness of such sealing methods which could be damaged
or compromised during normal construction activities. The larger question
of whether potential radon levels even exceed the EPA recommended maximum
exposure in many cases was also raised because radon exposure is now only
measured in completed buildings and not before construction. The proposal
was withdrawn pending additional conclusive data concerning local radon
conditions and awaiting the outcome of the national code hearing
considering the issue later this year for possible inclusion in the 1991
edition of the U.B.C. Also noted was the fact that lenders now require
radon testing as a condition of most home sales contracts."
Director of Building Inspection Felix Lee gave a brief presentation on the
guardrail spacing issue and commented on the child safety issue.
Councilmember Mabry asked why the Building Review Board did not recommend
adoption of the Building Code with the amendment relating to guardrail
spacing.
Felix Lee stated he believed the reluctance was based on input from the
architectural community and previous building experience and noted the
possible cost impacts associated with the closer spacing. He stated he
believed the cost impacts would be modest and urged that the change be made
now while the Code was under review.
Councilmember Maxey asked if the guardrail spacing would apply to stair
railings and porches.
Felix Lee stated that the guardrail spacing would apply to the vertical and
horizontal aspects of stair railings and porches and noted the railings
would be spaced four inches apart, solid, or a pattern with both vertical
and horizontal elements that would limit the pass through of a six inch
sphere.
Councilmember Maxey asked about the use of cable on stair rails and porches
Felix Lee stated he was not familiar with the use of cable and noted that
any porch, deck, railing, or balcony that is higher than thirty inches
above grade falls under this regulation.
Councilmember Maxey asked about rails and barricades around openings.
Felix Lee explained the two -to -one ratio with respect ,to ' openareas and explained that a shallow opening around a window -well would not' 'require a
guardrail. He stated that if the window well was adjacent to a foundation
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May 15, 1990
and was within thirty-six inches of a walking surface, a barricade would be I
required around the opening.
Councilmember Maxey asked about ventilation criteria.
Felix Lee stated that ventilation criteria did not apply to residences and
explained the current ventilation requirements for commercial buildings
with mechanical ventilation systems.
Councilmember Maxey asked about smoking area requirements and air
purification devices.
Felix Lee stated that the smoking ordinance has not changed and noted that
cigarette smoking introduces carbon monoxide into the breathing
environment. He noted the outside air would dilute the carbon monoxide and
provide a safer environment.
Councilmember Edwards asked about future construction and home remodeling
with respect to guardrails.
Felix Lee stated the proposed amendments to the Code applied tofuture
construction, were not retroactive and would not require someone to
retrofit their entire house at the time of a remodeling project or
addition.
Mayor Kirkpatrick asked about local radon gas conditions.
Felix Lee stated that the radon survey that was done through Larimer County
will provide a base -line for local hot spots and provide information on how
to deal with potential radon problems. He stated it was difficult to
measure radon when the house does not exist and noted radon guidelines will
be difficult to enforce.
Councilmember Maxey asked if the definition of family had changed.
Felix Lee stated it was a carry-over definition that has been kept in the
Building Code and noted it was consistent with the zoning definition.
Councilmember Edwards made a motion, seconded' by Councilmember Azari, to
adopt Ordinance No. 56, 1990, on First Reading.
Councilmember Horak made a motion, seconded by Councilmember Edwards, to
amend Ordinance No. 56, 1990 on First Reading to include staff's
recommendation regarding guardrail spacing.
City Clerk Krajicek read the proposed amendments into the record.
Councilmembers Edwards and Azari accepted Councilmember Horak's motion as a
friendly amendment to their previous motion.
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May 15, 1990
' The vote on Councilmember Edwards' motion to adopt Ordinance No. 56, 1990
as amended on First Reading was as follows: Yeas: Councilmembers Azari,
Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 90-72 Directing Staff
to Develop a Program to Regulate
Chlorofluorocarbons (CFCS). Adopted
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
At the request of the City Council Leadership Team, Natural Resources Staff
evaluated options for local action to reduce the amount of
chlorofluorocarbons (CFCs) released to the atmosphere. The attached issue
paper summarizes community reaction to a model CFC ordinance and evaluates
four alternatives for City Council action. Staff recommends Option D.
Adoption of the proposed Resolution would direct Staff to develop a program
containing both regulatory and nonregulatory elements to reduce CFC
emissions in Fort Collins.
BACKGROUND
Chlorofluorocarbons are strongly linked to depletion of the stratospheric
ozone layer that shields the earth from harmful ultra -violet radiation.
Although federal or state legislation to reduce CFC emissions may be
adopted in 2-4 years, regulations adopted by city governments have an
influential role in contributing to environmental protection and
accelerating the passage of state and federal CFC regulations.
The Natural Resources division undertook a preliminary assessment of the
local applicability of a "model" ordinance intended to prohibit avoidable
releases of CFCs from refrigeration and fire protection equipment and limit
the use of certain products manufactured from CFCs. The attached issue
paper summarizes the steps taken to assess community and business opinion
regarding the possible introduction of a local ordinance.
The issue paper outlines four options which were considered by staff before
arriving at a recommendation for local action on CFCs.
Option A -- Discontinue local- ,action and actively encourage state and
Federal legislation.
Option B -- Postpone adoption of'a local regulatory program and pursue
nonregulatory measures.
' Option C - Adopt the model ordinance without text or schedule
changes.
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May 15, 1990
Option D -- Adopt a modified version of the model ordinance that would I
include both regulatory and nonregulatory measures.
STAFF RECOMMENDATION:
Staff recommends adoption of Option D. Under this option, staff would
develop for City Council consideration a proposed program which would
include both regulatory and nonregulatory elements to achieve reductions in
local CFC emissions.
If adopted, the regulatory elements of the local ordinance would have the
following effects:
o Refrigeration and air conditioning services would be required to recover
and recycle CFCs during service operations.
o Small cans of CFCs for automotive service could not be sold in the city.
o Fire protection systems using HALON could be installed only if no
adequate alternative were available.
o Food packaging, non-food packaging, and building insulation materials
made using CFCs could not be sold in the city.
o Products containing CFCs as a propellant or energy source could not be
sold in the city.
Nonregulatory measures which staff recommend be considered in the CFC
reduction program include the following:
o A public education program.
o Amendments to refrigeration service licensing requirements to ensure
adequate knowledge of refrigeration CFC containment and recycling
practices.
o Periodic reports by large industrial users of CFCs on programs to reduce
CFC use.
o City assistance in the development of CFC recycling opportunities.
o Coordination among local governments to encourage state and federal
action to reduce CFC emissions.
IMPACT ON WORK PROGRAMS:
Staff did not anticipate work on a CFC reduction program in the 1990 budget
or work program. Further work to design the program and draft the
ordinance for review by Council can be accommodated within existing
resources. Implementation of a CFC reduction program may require resources 1
that are not currently budgeted. 'Staff will identify those resource
requirements when the ordinance is considered"by Council.
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May 15, 1990
' Staff work required to bring a proposed ordinance to Council includes
consulting further with potentially affected interests, refining the
program design, defining an implementation schedule, drafting the
ordinance, and estimating resource requirements. This work will require
six to eight weeks. -
SCHEDULE:
Staff anticipates consideration of the proposed ordinance at the July 17,
1990 Council meeting.
ATTACHMENTS:
Staff issue paper
Model CFC ordinance
CFC ordinance passed by Denver"
Air Quality Planner Brian Woodruff gave a brief presentation and outlined
the options. He explained that chlorofluorocarbon reduction is needed due
to the depletion of the ozone layer and noted that food packaging
containers, called Styrofoam are generally not made with CFCs. He
described the items containing CFCs that could not be sold within the city
limits and noted the reduction of CFCs at the international level. He
stated that at the federal level USEPA has implemented regulations to
' reduce CFCs by 50% by the year 2000 and stated that there was concern about
reducing emissions from refrigeration and automotive air conditioners. He
noted that a bill requiring recycling of CFCs from large refrigeration
units had been introduced in the State legislature and described local
government's role in the CFC issue. He stated that the federal government
estimates that January 1992 will be the beginning of automotive air
conditioning unit regulations and noted that other types of refrigeration
service will take more time to regulate. He stated that staff believed the
reductions could be implemented immediately and noted that the technology
exists to implement emission reductions. He stated an ordinance could be
drafted to provide coordination for provisions at the various levels along
with clauses allowing local provisions to sunset at the time state
provisions take effect. He stated staff supported the establishment of a
joint advisory panel to work on the CFC issue for Denver and other front
range cities and noted the legal problems associated with foam packaging
regulations. He described the alternatives available to Council and noted
that staff's recommendation was the adoption of Option D. He stated that
after Council direction, an ordinance will be drafted which includes time
tables to phase in the various requirements and supporting programs. He
stated staff would bring cost estimates of needed resources to implement
the program and noted staff will write the required regulations in
cooperation with affected businesses.
Councilmember Mabry asked what effect the proposed Resolution would have on
' the current Natural Resouces work program.
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May 15, 1990
Brian Woodruff stated there was enough man power to develop an ordinance
for Council consideration and stated information on additional staff
resources and funding necessary to enforce the program and develop the
non -regulatory aspects will be presented to Council.
Councilmember Maxey expressed concern about not knowing the total project
costs.
Brian Woodruff stated it will take time to determine the exact amount of
funding and resources needed for the program.
Development Services Director Mike Davis stated that each program
recommendation has different cost implications and stated that specific
cost information will be developed once staff has received direction from
Council.
Councilmember Mabry asked if the technology was available in the
refrigeration industry to solve the CFC dilemma.
Brian Woodruff stated the technology is not readily available. He stated
work on the ordinance needs to continue with the refrigeration service
industry so that it doesn't go into effect before the equipment is
available.
Councilmember Mabry asked if the current Natural Resources work plan would
be compromised by undertaking the CFC project.
Administrator of Natural Resources Tom Shoemaker stated that he believed
that the CFC project would not jeopardize the air quality issues that are
currently being worked on and stated that adjustments would be made to the
policy agenda.
Councilmember Horak made a motion, seconded by Councilmember Edwards, to
adopt Resolution 90-72, Option D.
Councilmember Horak noted that staff will have the opportunity to do
additional work and conduct outreach discussions on the main issues. He
noted that Resolution 90-72 only directs staff to develop a program to
regulate CFCs and added that at a future meeting the Council will look at
an ordinance dealing with the CFC issue.
Councilmember Maxey asked if passage of Resolution 90-72 will require that
a cost analysis proposal be completed.
Tom Shoemaker stated that if the resolution passed, a cost analysis
proposal will be drafted.
Councilmember Edwards stated that Resolution 90-72, Option D directs staff
to present to Council a draft ordinance regulating the emissions of CFCs
and to develop a supporting regulatory program to.jaid in the enforcement of
the ordinance to increase the program's effectiveness.
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May 15, 1990
' Councilmember Maxey noted the mandatory items in Exhibit A and asked how
the mandatory issues will be addressed.
Mayor Kirkpatrick reminded that the Resolution before Council directs staff
to develop an ordinance and noted that the language in Exhibit A does not
contain enforcement implications.
Brian Woodruff stated that staff will present to Council an ordinance
containing an enforcement program, a supporting regulatory program, and a
budget.
The following persons spoke on the CFC issue:
1. Christine Ferguson, representing Citizen Planners, recommended moving
forward with development of the ordinance.
2. Yolonda C. Nicely, 1625 Crestmore Place, spoke about her job at the
Larimer County Landfill and encouraged Council to proceed with
Resolution 90-72 and the ordinance.
3. Carme McClean, Colorado Director, Clean Water Action, noted the 4,000
citizens of Fort Collins that signed support statements and recommended
action be taken to regulate CFCs.
4. Dave Ganatta, sales engineer, Thermal Company of Fort Collins
refrigeration industry representative, spoke regarding the liability,
safety and costs issues.
5. Jonathon Golden, Colorado Public Interest Research Group, supported
regulation of CFCs.
6. Margaret Perkins, environmental manager, Hewlett-Packard Loveland
Division, noted H-P's support of the Montreal protocol and noted H-P's
corporate policies.
7. Phillip Brown, past president, Northern Colorado Refrigeration Service
Engineer's Society, asked for time to comply with the ordinance.
8. Bruce Lockhart, 2500 East Harmony Road, opposed regulation of CFCs.
9. Andy White, 1022 West Magnolia, supported adoption, of the Resolution.
10. Lance Loomans, 323 East Prospect, stated it was a good opportunity to
pursue local action and urged Council to adopt Option D.
11. Chuck Madison, representing Refrigeration/Air Conditioning Contractor's
Association of Colorado, spoke regarding the regulations that affect
building refrigeration systems and recommended Option A.
' 12. Del Brooks, President, Rocky Mountain Region Refrigeration Service
Engineer's Society, recommended Option B.
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May 15, 1990
13. Jeff Mitchell, Poudre Canyon Sierra Club, supported Option D. I
14. Roger Erickson, representative of the refrigeration industry, asked
Council to postpone consideration of the issue.
15. Chris Edwards, Edwards Refrigeration, stated that the petitions did not
accurately represent the community and encouraged licensing and
education before a CFC ordinance is drafted. He supported Option B.
Councilmember Horak spoke in support of Resolution 90-72 and stated the
citizen comments were indicative of the need to better understand the
issue. He stated the process would be beneficial to gain understanding of
CFCs and noted he was not in support of waiting for the state to issue a
policy.
Mayor Kirkpatrick thanked staff for its hard work on the CFC issue and and
stated she believed the resolution was imperative. She commented on the
resources available and the associated costs to implement a program.
Councilmember Edwards supported the Resolution and commented on the CFC
problem in Fort Collins. He spoke in support of making decisions to uphold
local regulations and noted the importance of cooperation from all of the
affected parties. He commended staff for its hard work on the problem and
noted that the City will have an ordinance that works for Fort Collins and
a model ordinance for other communities.
The vote on Councilmember Horak's motion to adopt Resolution 90-72, Option
D was as follows: Yeas: Councilmembers Azari, Edwards, Horak,
Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Horak commented on a letter from Citizen Planners on the LOGS
Audit process, on extending the work program by two months, and on the
Harmony Corridor Plan. He asked staff draft a response concerning the
issues and suggested the meeting be adjourned until Tuesday, May 29. He
noted that staff had not reviewed the letter and noted the time frame
restraints.
Councilmember Edwards suggested that the time schedules be administratively
changed, rather than requiring a policy decision by Council.
Councilmember Horak noted the importance of staff having the support to
change the schedule.
Bpxl
May 15, 1990
IMayor Kirkpatrick commented on Council's direction to complete the agenda
by a specific date and stated policy agenda decision's are Council
decisions.
Councilmember Mabry supported Council's involvement in setting time frames
for items to be considered in the policy agenda and stated staff's
responsibility was to determine how the work will be completed in the time
frame. He noted the importance of the work request not compromising the
policy agenda time frame.
Mayor Kirkpatrick stated it was appropriate to consider Councilmember
Horak's request and its effect on staff's ability to complete the policy
agenda.
Councilmember Maxey stated it was a matter for staff to determine if
adjustments could be made in the time schedule.
Councilmember Edwards stated the actual work program had been established
and administered by staff and noted it could therefore be easily adjusted
by staff.
Councilmember Maxey commented on a letter regarding cigarette machines in
the city and noted the Health and Safety Committee will be addressing the
issue.
Councilmember Mabry asked about the status of the work being done on the
begging ordinance.
City Manager Burkett stated the information will presented to Council at
the May 29 meeting.
Adjournment
Councilmember Edwards made a motion, seconded by Councilmember Maxey, to
adjourn the meeting until 6:15 p.m. on Tuesday, May 29. Yeas:
Councilmembers Edwards, Kirkpatrick, Mabry, and Maxey. Nays:
Councilmembers Azari, Horak, and Winokur.
The meeting adjourned at 9:50 p.m.
TTEST:
City Clerc
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