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Home My WebLink AboutRIVER MODERN - PDP: CONSIDERATION OF APPEAL - PDP150005 - AGENDA - APPEAL TO CITY COUNCILDiscussion 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 (three 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. 24. Consideration of an Appeal Regarding the Decision of the Administrative Hearing Officer Decision to Approve the River Modern Proiect Development Plan. (staff: Seth Lorson, Cameron Gloss; 10 minute staff presentation; 90 minute discussion) The purpose of this item is to consider an Appeal of the Administrative Hearing Officer's July 10, 2015 Hearing Decision to Approve the River Modern Project Development Plan. On July 20, 2015, Max D. Oesterle et al., filed a Notice of Appeal on grounds that the Decision Maker made the following error: • Failure to properly interpret and apply relevant provisions of the Land Use Code ("LUC"), and particularly LUC Sections 3.4.1(E)(2)(a) and (c) and 3.5.1(6),(C), (D) and (E). 25. Items Relating to the Special Municipal Election to be Held in Conjunction with the November 3, 2015, Larimer County Coordinated Election, Including a Public Hearing to Consider Any Timely Filed Protest Under Code Section 7-156 to Challenge the Ballot Title or Submission Clause Proposed in Resolution 2015-078. (staff: Ginny Sawyer, SeonAh Kendall, 5 minute staff presentation; 30 minute discussion) A hearing on a ballot language protest filed by Eric Sutherland on August 17, 2015, will be held at the beginning of this item. A. Second Reading of Ordinance No. 089, 2015, Calling a Special Municipal Election to Be Held in Conjunction with the November 3, 2015 Larimer County Coordinated Election. B. Resolution 2015-078 Submitting to the Registered Electors of the City A Ballot Title and Submission Clause for a City -Initiated Question Authorizing the City to Provide Directly, and/or Indirectly with Public and/or Private Sector Partners, High -Speed Internet Services, Telecommunication Services, and/or Cable Television Services Within the City Of Fort Collins Growth Management Area, as Permitted by Title 29, Article 27 of the Colorado Revised Statutes (SB 05-152), to be Presented at the November 3, 2015 Larimer County Coordinated Election. Ordinance No. 089, 2015, unanimously adopted on First Reading on July 21, 2015, calls a Special Municipal Election to be held in conjunction with the November 3, 2015 Larimer County Coordinated Election, and preserves the opportunity for Council to place initiated or referred issues on the November ballot. If Council does not take action by ordinance or resolution before the statutory deadline (September 4) to certify ballot language to Larimer County, the election will be cancelled and the provisions of this Ordinance will be of no further force and effect. City of Fort Collins Page 8 Financial Management Policies. The current Economic Development financial policy was last updated in 1999. Staff presented revisions to Council Finance Committee on May 18 who approved the changes and recommended bringing the policy to the City Council. The bulk of the new policy comes from documents previously approved by City Council in recent years. The new financial policy will replace the existing policy in its entirety. 22. Resolution 2015-076 Authorizing One or More Intergovernmental Agreements With Other Colorado Cities for Special Legal Counsel Services. The purpose of this item is to authorize an updated intergovernmental agreement with the Cities of Loveland and Greeley and the Town of Windsor for special legal services.to be used in the event that a conflict of interest or other similar circumstance prevents the City Attorney or members of her office from representing the City in a particular matter. The Resolution also authorizes intergovernmental agreements in a similar form with other municipalities. 23. Resolution 2015-077 Appointing Two Representatives to the Colorado Municipal League Policy Committee. The purpose of this item is to appoint Councilmember Ray Martinez and City Manager Darin Atteberry to represent the City of Fort Collins on the Colorado Municipal League Policy Committee. END CONSENT • CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. • STAFF REPORTS A. Updates regarding paved trail construction in the City and the English Ranch Community Garden. B. Presentation of the Colorado Government Association of Information Technology (CGAIT) Exceptional Customer Service Award. • COUNCILMEMBER REPORTS • CONSIDERATION OF COUNCIL -PULLED CONSENT ITEMS City of Fort Collin Page 7 7 • City Manager Review of Agenda. • Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. o Council -pulled Consent Calendar items will be considered before Discussion Items. Citizen -pulled Consent Calendar items will be considered after Discussion Items. 0 CITIZEN PARTICIPATION Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically scheduled on the agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process" and not to the Council. • Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes). • All speakers will be asked by the presiding officer to identify themselves by raising their hand, and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting). • The presiding officer will determine and announce the length of time allowed for each speaker. • Each speaker will be asked to state his or her name and general address for the record, and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk. • A timer will buzz once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will buzz again and turn red when a speaker's time to speak has ended. [""For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City's website at fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.] 0 CITIZEN PARTICIPATION FOLLOW-UP Consent Calendar The Consent 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 Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with one vote. The Consent Calendar consists of: • Ordinances on First Reading that are routine, • Ordinances on Second Reading that are routine, • Those of no perceived controversy, • Routine administrative actions. City of Fort Collins Page 2 Wade Troxell, Mayor Gerry Horak, District 6, Mayor Pro Tern Bob Overbeck, District 1 Ray Martinez, District 2 Gino Campana, District 3 Kristin Stephens, District 4 Ross Cunniff, District 5 City Council Chambers City Hall West 300 LaPorte Avenue Fort Collins, Colorado Cablecast on City Cable Channel 14 on the Comcast cable system Carrie Daggett Darin Atteberry Wanda Winkelmann City Attorney City Manager 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 August 18, 2015 (Revised 8/18/15) Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring 2015 as the Americans with Disabilities Act 25th Anniversary Celebration. B. Proclamation Declaring the Year of 2015 as Quota International Fort Collins Chapter 75th Anniversary Celebration. C. Proclamation Declaring September 7 through September 11, 2015 as Payroll Week. Regular Meeting 6:00 p.m. • PLEDGE OF ALLEGIANCE • CALL MEETING TO ORDER • ROLL CALL • AGENDA REVIEW: CITY MANAGER City of Fort Collins Page 1