HomeMy WebLinkAboutTHE SUMMIT ON COLLEGE PARKING GARAGE - MJA/FDP ..... 9/04/2014 REMAND HEARING DECISION - FDP130056 - AGENDA - CITY COUNCILassistance IGA that provides cooperation and coordination with Platte River Power Authority and the
four founding municipalities: the Cities of Fort Collins, Loveland, and Longmont; and the Town of
Estes Park.
16. Resolution 2014-113 Making Findings of Fact and Conclusions of Law Regarding the Appeal of
September 9, 2014, Administrative Hearing Officer Decision Regarding the May 20, 2014 City
Council Remand of the Maior Amendment to the Summit on College Proiect Development Plan
The purpose of this item is to consider the Resolution making findings of fact and conclusions
regarding the two Appeals of the Administrative Hearing Officer's September 4, 2014 Remand
Decision to Approve the Summit on College Parking Structure, Major Amendment.
Two separate parties filed a Notice of Appeal concerning the Hearing Officer's September 4, 2014
Remand Decision to Approve the Summit on College Parking Structure, Major Amendment.
On December 2, 2014, City Council voted 7-0 on the motion that the Hearing Officer conducted a fair
hearing in approving the Major Amendment; and voted 7-0 that the Hearing Officer did not fail 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 added conditions to the project's approval.
17. Resolution 2014-114 Approving an Intergovernmental Agreement Between the City of Fort Collins
and the Poudre Fire Authority Regarding the Provision of Legal Services.
The purpose of this item is to approve an intergovernmental agreement ("IGA") with the Poudre Fire
Authority ("PFA") authorizing the City Attorney to provide legal advice to the PFA under certain
circumstances. The IGA will authorize the City attorney and his or her staff to provide non-exclusive
legal services on a matter -by -matter basis to the PFA in situations where there is not a direct conflict
of interest between the two entities and where the City Attorney has the capacity and resources to
provide the service. The PFA will pay the City an annual amount equal to 10% of the yearly salary of
one full-time attorney in the City Attorney's Office. For 2015, the payment amount will be Seventeen
Thousand Seven Hundred Fifty Dollars ($17,750).
18. Resolution 2014-115 Making Appointments to Various Boards, Commissions and Authorities of the
City of Fort Collins.
The purpose of this item is to appoint individuals to fill vacancies that currently exist on various
boards, commissions, and authorities due to resignations of board members and the expiration of
terms of current members. Applications were solicited during September and October. Council
teams interviewed applicants during November and December. This Resolution appoints
individuals to fill current vacancies and expiring terms.
This Resolution does not fill all vacancies. Interviews are continuing, and any remaining vacancies
will be advertised as needed.
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
• COUNCILMEMBER REPORTS
Cityol For: Collins Pa,, 6
12. First Reading of Ordinance No. 181, 2014, Authorizing the Acquisition by Eminent Domain of Certain
Lands Necessary to Construct Public Improvements in Connection with the Drake and Shields
Intersection Improvements Proiect.
The purpose of this item is to obtain authorization from City Council to use eminent domain, if
deemed necessary, to acquire property interests needed to construct improvements at the Drake
Road and Shields Street intersection. The Drake Road and Shields Street Intersection
Improvements Project will construct right turn lanes on northbound and southbound Shields Street,
bicycle lanes, and medians for safety and air quality improvements at the intersection. The project is
planned to begin construction in the summer of 2015. The project budget consists of both federal
and local funds. To construct these improvements, the City will need to acquire certain property
interests adjacent to the project area. The acquisitions include right-of-way and temporary
easements from three property owners. Timely acquisition of the property is necessary to meet the
anticipated construction schedule. Staff fully intends to negotiate in good faith with all affected
owners and is optimistic that all property negotiations can be completed prior to the start of the
project. Staff is requesting authorization of eminent domain for all property acquisitions for the
project to comply with federal acquisition requirements. Eminent domain action will be used only if
such action is deemed necessary.
13. First Reading of Ordinance No. 182, 2014, Authorizing the Acquisition by Eminent Domain of Certain
Lands Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid
Transit Proiect.
The purpose of this item is to provide City Council authorization to utilize eminent domain, if
necessary, to acquire property interests which are necessary to provide intersection improvements at
McClelland Drive and Drake Road in order to enhance safety and service for the MAX Bus Rapid
Transit System (MAX). As a federally funded transportation project, acquisitions will conform to the
provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970,
as amended (Public Law 91-646). In accordance with this act, property owners must be informed
about the possible use of eminent domain and their rights pursuant to the act though an official
Notice of Interest Letter. Authorization from City Council is needed prior to sending this information to
property owners. Staff requests authorization to utilize eminent domain for the MAX Project, if
necessary, and only if good faith negotiations break down.
14. Resolution 2014-110 Adopting the 2014 Update to the Three -Mile Plan for the City of Fort Collins
The purpose of this item is to update the Three -Mile Plan for the City of Fort Collins, Colorado (Plan).
The Plan is a policy document for coordinating future annexation and provision of services, required
to be updated annually per Colorado Revised Statues. Section 31-12-105 of state statues requires
that cities complete a plan within three miles in any direction from any point of its municipal
boundary. The Plan describes the general location, character, utilities, and infrastructure for areas of
potential annexation. This state -required annual update is routine and recurring, and highlights the
2014 changes to approved plans and other documents applicable to those areas defined in the state
statues. There are very few changes in this year's annual update from the 2013 update.
15. Items Relating to Intergovernmental Agreements for Mutual Aid for Emergency and Non -Urgent
Events.
A. Resolution 2014-111 Approving an Intergovernmental Agreement Among the City of Fort Collins
and Other Governmental Entities Regarding Disaster -Emergency Mutual Aid and Disaster -
Emergency Funding Assistance.
B. Resolution 2014-112 Approving an Intergovernmental Agreement with Platte River Power
Authority and Other Local Governments Affiliated with Platte River Power Authority for Non -
Emergency Responses for Utility Network Assistance.
The purpose of this item is to approve two separate mutual aid Intergovernmental Agreements
(IGAs). Resolution 2014-111 approves a uniform IGA among government entities lying within or in
close proximity to northern Colorado, establishing the protocol for disaster emergency mutual aid
and disaster emergency funding assistance. Resolution 2014-112 approves a utility network
City of Fofr Collins Pa 5
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.
o Citizen -pulled Consent Calendar items will be considered after Discussion
Items.
• 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 221-6750.1
• 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.
Consideration and Approval of the Minutes of the November 18 2014 Regular Council Meeting and
November 25, 2014 Adiourned Council Meeting.
The purpose of this item is to approve the minutes from the November 18, 2014 Regular Council
meeting and the November 25, 2014 Adjourned Council meeting.
City of Fort Collins t- x 2
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
Carrie Daggett
Interim City Attorney
City Council Chambers
City Hall West
300 LaPorte Avenue
Fort Collins, Colorado
Cablecast on City Cable Channel 14
on the Comcast cable system
Darin Atteberry Wanda Nelson
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
December 16, 2014
(Revised 12/15/14)
Proclamations and Presentations
5:30 p.m.
A. Proclamation Declaring December as Cub Scout Pack 116 22nd Anniversary Celebration.
Regular Meeting
6:00 p.m.
• PLEDGE OF ALLEGIANCE —Colors will be presented by Cub Scout Pack 116
0 CALL MEETING TO ORDER
• ROLL CALL
• AGENDA REVIEW: CITY MANAGER
• City Manager Review of Agenda.
• Consent Calendar Review
City cf Fort Co0f.r Pose 1