HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 07/27/2004 - ADJOURNED MEETING AGENDA COUNCIL OF THE CITY OF FORT COLLINS
ADJOURNED MEETING AGENDA
July 27, 2004 6:00 p.m.
1. Call Meeting to Order.
2. Roll Call.
3. Items Relating to the Summit Fort Collins Shopping Center. (30 minutes - 10 minute staff
presentation)
A. Second Reading of Ordinance No. 104, 2004, Amending Various Sections of the City
Code so as to Expressly Permit the Deferral of Certain Utility Impact Fees.
B. Resolution 2004-093 Approving an Agreement Between the City and Bayer Properties
to Provide Financial Assistance for the Summit Fort Collins Shopping Center.
Item A
Some of the current City Code provisions allow the City Council to defer impact fees; others do
not. This inconsistency came to light during the negotiations regarding the proposed Lifestyle
Center.
Specifically, the Code provisions establishing electric development fees and charges and
stormwater fees do not permit deferral. And,while the Code provisions relating to water plant
investment fees and sewer plan investment fees do permit arrangements for paying the fees over
time, those Code provisions are worded differently than the Code provisions pertaining to the
deferral of capital improvement expansion fees.
This Ordinance, which was unanimously adopted on First Reading on July 6, 2004, brings
consistency to the Code provisions on this subject and City practice, and would allow for all city
impact fees to be paid over time,either in installments or in a lump sum. The Ordinance has been
amended on Second Reading so that all of the Code provisions pertaining to impact fees clearly
state that, if the fees are deferred and there is an increase in the amount of the fees during the
deferral period, the applicant will pay the higher fee in effect at the time of payment.
Item B
On June 15, 2004 City Council adopted Resolution 2004-074 to provide a package of financial
assistance for the Lifestyle Center(The Summit Front Range Shopping Center). The package
contains three components:
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• The collection of a public improvement fee imposed by Bayer Properties upon the
purchase of all goods and services at the Lifestyle Center except for the purchase of food
for domestic home consumption($8,000,000)
• The sharing of net new sales tax revenues generated by the Lifestyle Center($5,000,000)
• The deferral of impact fees for up to five years with an interest rate lower than market
lending rates ($656,000)
Based on these three components, the City and Bayer Properties have negotiated an agreement
that details the specific actions and safeguards,for both parties,to implement the components of
the agreed upon financial package.
4. Resolution 2004-094 Making Findings of Fact and Conclusions Pertaining to the Appeal of a
Decision of the Landmark Preservation Commission Regarding the Request by Dick and Dianne
Rule for a Waiver of Conditions or Permission to Relocate or Demolish Structures Located at
4824 South Lemav Avenue. (5 minutes - no staff presentation)
On April 28, 2004, the Landmark Preservation Commission held a public hearing to consider a
request by Dick and Dianne Rule for Waiver of Conditions of the Requirements Contained in
Section 14-72 of the Municipal Code, or Permission to Relocate or Demolish the Structures
Located at 4824 South Lemay Avenue. The Commission voted 4-1 to deny,in part,this request.
On May 12, 2004, the Commission adopted its Findings and Resolution regarding its decision.
That decision was appealed to the City Council. The basis of the appeal was that the
Commission,in denying the request,failed to properly interpret and apply relevant provisions of
the Code. On July 20, 2004, Council heard the appeal and overturned the decision of the
Commission. The Council's findings on the appeal will be finalized by the adoption of the
Resolution.
5. Other Business.
6. Adjournment.
The City of Fort Collins will make reasonable accommodations for access to City services,programs,
and activities and will make special communication arrangements forpersons with disabilities. Please
call 221-6515 (TDD 224-6001)for assistance.