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Home My WebLink AboutTHE SUMMIT ON COLLEGE PARKING GARAGE - MJA/FDP ..... 6/03/2014 - FDP130056 - AGENDA - APPEAL TO CITY COUNCIL23. First_ Reading of Ordinance No. 090, 2014, Appropriating Unanticipated Revenue in the Stormwater Fund to Design and Construct the Fort Collins / Timnath Boxelder Creek Flood Mitigation Projects. (staff: Ken Sampley, Ellen Switzer; 10 minute staff presentation; 20 minute discussion) The purpose of this item is to appropriate funds in the amount of $3,750,000 to design and construct the Fort Collins/Timnath Boxelder Creek Improvements, as outlined in the Sixth Amendment to the Fort Collins — Timnath Intergovernmental Agreement (IGA), as adopted by City Council under Ordinance No. 047, 2014 on April 1, 2014. 24. Consideration of the Appeal of the Planning and Zoning Board Hearing Decision to Approve the Bella Vira, Final Plan. Extension of Vested Rights. (staff: Pete Wray, Cameron Gloss; 10 minute staff presentation; 1 hour discussion) The purpose of this item is to consider the appeal of the Planning and Zoning Board Hearing Decision to Approve the Bella Vira, Final Plan, Extension of Vested Rights requested by Richmond American Homes. On April 24, 2014 an appeal was filed concerning the Planning and Zoning Board Hearing decision regarding a request for extension of vested rights to the Bella Vira, Final Plan, located at the southwest corner of South Overland Trail and West Elizabeth Street. An amended appeal was filed on May 14, 2014. The Amended Appeal asserts that the Planning and Zoning Board failed to properly interpret and apply relevant provisions of the Land use Code, and failed to conduct a fair hearing. 25. Items Relating to Three Appeals of the Summit on College Project Development Plan Major Amendment Pertaining to a Parking Structure. (staff: Seth Lorson, Cameron Gloss; 5 minute staff presentation; 30 minute discussion) A. Resolution 2014-050 Making Findings of Fact and Conclusions Regarding the three Appeals of the Administrative Hearing Officer's March 19, 2014 Decision to Approve the Summit on College Parking Structure, Major Amendment. or B. Motion to Continue to Adjourned Meeting on June 24, 2014, to Consider Motion to Amend Decision. On April 29, 2014, three separate parties filed a Notice of Appeal concerning the Hearing Officer's March 19, 2014 Decision to Approve the Summit on College Parking Structure, Major Amendment. On May 20, 2014, City Council voted 6-0 on the motion that the Hearing Officer conducted a fair hearing in approving the Major Amendment; and voted 5-1 (Nays: Weitkunat; Troxell absent) that the Hearing Officer failed to properly interpret and apply relevant provisions of the Land Use Code, specifically Section 3.4.1(1)(2) and 3.5.1(J), and remanded the decision to the Hearing Officer. On May 24, 2014, the developer of the proposed parking structure, through his attorney, submitted a written request to the City that the City Council consider amending its decision on this appeal so as to modify the hearing officer's decision by approving the Major Amendment but adding two conditions. • CONSIDERATION OF CITIZEN -PULLED CONSENT ITEMS • OTHER BUSINESS City of Fort Collins Page 8 Discussion Items The method of debate for discussion items is as follows: • Mayor introduces the item number, and subject; asks if formal presentation will be made by staff • Staff presentation (optional) • Mayor requests citizen comment on the item (five minute limit for each citizen) • Council questions of staff on the item • Council motion on the item • Council discussion • Final Council comments • Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker's time. 21. Resolution 2014-049 Amending the West Nile Virus Management Policy and Providing Direction to the City Manager Regarding Implementation of the Program. (staff: Dan Weinheimer, Mike Calhoon; 15 minute staff presentation; 1 hour discussion) The purpose of this item is to adopt enhancements to the West Nile Virus Management Program. Staff is presenting two options for Council consideration; both would update the West Nile Virus Management Policy. The program changes being offered include dividing the City into operational zones, considering changes to the program response guidelines (operational practices), implementing a limited business opt out and maintaining a residential opt -out program based on the pesticide sensitivity registry maintained by the Colorado Department of Agriculture, and eliminating the Advisory Panel that advises the City Manager on adulticide recommendations. 22. Resolution 2014-033 Superseding Resolution 2013-049 and Authorizing the Execution of a Revised First Amendment to the Intergovernmental Agreement Establishing the Boxelder Basin Regional Stormwater Authority. (staff: Ken Sampley; 10 minute staff presentation; 20 minute discussion) The purpose of this item is to approve a revised First Amendment to the Boxelder Basin Regional Stormwater Authority (BBRSA) in place of the First Amendment that was authorized by the adoption of Resolution 2014-049. The Revised First Amendment. Authorizes the BBRSA to determine and make minor revisions to properties within the Service Area of the BBRSA by designating areas as "non -tributary areas", and to grant fee credits to other areas within the Service Area; Authorizes the BBRSA to accept loans from the Colorado Water Conservation Board (CWCB) to fund the design and construction of the remaining regional stormwater projects; and, Establishes a sunset provision that terminates collection of stormwater fees and charges either twenty years after the effective date of this Amendment, provided there is agreement regarding the operation and maintenance responsibilities for the projects, or upon completion of all regional stormwater projects, payment of all debt incurred by the BBRSA, agreement as to payment of any BBRSA obligations to Members and disbursement of any remaining revenues and agreement among the Members as to any continuing obligation for operation and maintenance of the projects. City of Fort Coffins Page 7 Karen Weitkunat, Mayor Gerry Horak, District 6, Mayor Pro Tern Bob Overbeck, District 1 Lisa Poppaw, District 2 Gino Campana, District 3 Wade Troxell, District 4 Ross Cunniff. District 5 Steve Roy Darin Atteberry City Attorney City Manager City Council Chambers City Hall West 300 LaPorte Avenue Fort Collins, Colorado Cablecast on City Cable Channel 14 on the Comcast cable system Wanda Nelson City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. Regular Meeting June 3, 2014 Proclamations and Presentations 5:30 p.m. • Proclamation Declaring June as Bike Month. Regular Meeting 6:00 p.m. • PLEDGE OF ALLEGIANCE —Eagle Scout Honor Guard Presentation • CALL MEETING TO ORDER LM:Zd4s9_1» 0 AGENDA REVIEW: CITY MANAGER • City Manager Review of Agenda. 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