HomeMy WebLinkAboutDISCOUNT TIRE AT FOSSIL CREEK - PDP/FDP - 26-02 - AGENDA - FINDINGS, CONCLUSIONS & DECISIONPAGE
17. First Reading of Ordinance No 13' 2003Vacating Portions of the Rights -of -Way as
Dedicated on the Plat of 19th Green Planned Unit Development - Phase 1.
This site is located south of County Road 52, east of County Road 11 and north of Mountain
Vista Drive. It was a county development proposal that dedicated the streets as shown and
laid out on the 19th Green Planned Unit Development — Phase 1. Neither the streets nor the
development was built. The dedicated right-of-way was annexed into the City when the
parcel was annexed in 1983. An Administrative Hearing was held on April 24, 2003, for the
Maple Hill development proposal, which shows a different street layout than was originally
platted. Therefore, the right-of-way for the streets are no longer necessary and are proposed
for vacation at this time.
18. First Reading of Ordinance No 133 2003 Amending Chapter 26 of the City Code Related
to Electric Transmission Facilities and Electric Service.
The Ordinance revises Sections 26-411 and 26-412 of the City Code to authorize non -City
owned electric transmission facilities (those not serving customers within the City) inside the
City limits following annexation to remain in place or be relocated into City rights -of -ways
or public utility easements under the same terms and conditions as other public utilities, or
by grant of Council -approved easement or revocable encroachment permit. Current City
Code requires a franchise for such lines.
The Ordinance also revises Section 26-444 regarding transfer of customers after annexation.
The proposed change eliminates the 90-day limit on the period during which a non -City
owned utility may continue to serve its existing customers after annexation without a
franchise. Instead, the new language permits the existing utility company to continue to
serve its customers within the annexed area until such time as the City notifies the other
utility of its readiness to provide electric service to the annexed customers. Although the
City's electric utility intends to provide electric service to all properties within the city limits,
it is not practical to do so within 90 days.
19. Resolution 2003-102 Making Findings of Fact and Conclusions Regarding the Anneal of
a Decision of the Administrative Hearing Officer Relating to the Discount Tire at Fossil
Creek Project Development Plan.
On July 24, 2003, a Notice of Appeal was received by the City Clerk's office regarding the
decision of the Administrative Hearing Officer (the "Hearing Officer"). On August 11, 2003,
an amended Notice of Appeal was received by the Clerk's office. In this amended Notice
of Appeal, the Appellant, James Silhasek of Discount Tire Company, alleges that the Hearing
Officer failed to conduct a fair hearing in that he considered evidence relevant to the finding
which was substantially false.
On September 2, 2003, City Council voted 5-1 to remand the matter back to the Hearing
Officer for rehearing.
City of Fort Collins e P' don"" "'
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The Consent Calendar consists of Item Numbers 7 through 20. This Calendar is
intended to allow the City Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar.
Anyone may request an item on this calendar to be "pulled' off the Consent
Calendar and considered separately. Agenda items pulled from the Consent
Calendar will be considered separately under Agenda Item #29, Pulled Consent
Items. The Consent Calendar consists of:
1) Ordinances on First Reading that are routine;
2) Ordinances on Second Reading that are routine;
3) Those of no perceived controversy;
4) Routine Administrative actions.
CONSENT CALENDAR
7. Second Reading of Ordinance No. 121, 2003, Appropriating Unanticipated Grant Revenue
in the Cultural Services and Facilities Fund to be Used to Evaluate and Determine the
Cultural Affiliation of Human Remains and Cultural Artifacts in the Museum's Holdings.
The City was awarded a $75,000 grant from the National Park Service. This Ordinance,
which was unanimously adopted on First Reading on September 2, 2003, appropriates that
grant money in the Museum's NAGPRA grant project.
8. Second Reading of Ordinance No. 122, 2003, Appropriating Unanticipated Grant Revenue
in the General Fund for the Operation of the Fort Collins Welcome Center.
The City has been awarded a $48,688 grant from the Colorado Tourism Office for the
operation of the Fort Collins Welcome Center for the fiscal year July 1, 2003 to June 30,
2004. The City has contracted with the Fort Collins Convention and Visitors Bureau to
operate this program. This Ordinance was unanimously adopted on First Reading on
September 2, 2003.
9. Second Reading of Ordinance No. 123, 2003, Authorizingthe he Appropriation of Funds for
Expenditure to Be Used for the Fort Collins -Loveland Airport's FAA Sponsored Airport
Master Plan Update Study.
This Ordinance, which was unanimously adopted on First Reading on September 2, 2003,
appropriates the City's 50% share of the $200,000 additional grant money (or $100,000) as
well as its 50% share of the $22,200 required matching funds (or $11,100).
City of Fort Collins 0 ^'^" a. • °"0'•
AGENDA
OF THE
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
September 16, 2003
Proclamations and Presentations
5:30 p.m.
A. Presentation of Certificate to the City From Aller-Lingle Architects, Regarding the Design
Award for the Downtown Transit Center.
B. Presentation of Exemplary Citizenship Award to John Shroeer.
C. Proclamation Proclaiming the Month of October as "Breast Cancer Awareness Month".
D. Proclamation Proclaiming September 22 through October 19, 2003 as "Community
Homecoming Celebration".
E. Proclamation Proclaiming October 11, 2003 as "Hope Lives! Celebration Day".
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
1, CALL MEETING TO ORDER.
2. ROLL CALL.
3. CITIZEN PARTICIPATION (limited to 30 minutes)
4. CITIZEN PARTICIPATION FOLLOW-UP:
This is an opportunity for the Mayor or Council members to follow-up on issues raised during
Citizen Participation.
5. AGENDA REVIEW: CITY MANAGER.
City of Fort Collins ®°^^^" °^'• P.O.,