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HomeMy WebLinkAboutSTEELE'S MARKET AT HARMONY MARKET PUD, 3RD FILING - FINAL - 54-87E - AGENDA - APPEAL TO CITY COUNCIL ' " • • AGENDA OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO November 5, 1991 PROCLAMATIONS 6:15 p.m. a. Proclamation Designating November 1-15 as Buddy Poppy Days. b. Proclamation Designating November 5 as Agnes Lilley Day. c. Proclamation Designating November 5 as Lilla Morgan Day. d. Proclamation Designating November 11-15 as Voice of Democracy Week. e. Proclamation Designating November 11-15 as Youth Appreciation Week f. Proclamation Designating November 15 as Bill of Rights Day. g. Proclamation Designating the month of November as Hospice Month. REGULAR MEETING 6:30 p.m. 1 . PLEDGE OF ALLEGIANCE. 2. CALL MEETING TO ORDER. 3 . ROLL CALL. 4. CITIZEN PARTICIPATION (limited to 30 minutes) 5. AGENDA REVIEW: CITY MANAGER ***CONSENT CALENDAR*** 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. 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 #22, Pulled Consent Items. 6. Consider approval of the minutes of the regular meeting of September 3. III • • . . PAGE 2 7. Second Reading of Ordinance No. 117, 1991 Amending Chapter 29 of the Code of the City of Fort Collins Relating to Zoning Regulations. This Ordinance, which was unanimously adopted on First Reading on October 15, amends certain sections of the Zoning Code. These changes are considered to be minor and/or "housekeeping" in nature. Some of the proposed amendments are necessary due to previous revisions of the Code or situations presently not addressed which have recently come to the attention of staff. Other amendments are intended to add clarification to the Code in order to facilitate interpretation and enforcement. 8. Second Reading of Ordinance No. 118, 1991, Amending Section 2-413 of the Code Pertaining to the Storm Drainage Board. Ordinance No. 85, 1991 adopted by City Council on July 16, 1991 amended various chapters of the City Code including Section 26-495 entitled "Duties of Storm Drainage Board" . Revision were made to reflect current duties of the Storm Drainage Board in the area of advising Council on technical and policy matters relating to stormwater management and designating the Storm Drainage Board as the Hearing Board for variances to the City's "StormConstructionStandards. " Section Drainage Design Criteria and Sta Bards. Sect o 2, Division 30 of the Code relates to the Storm Drainage Board and specifically Section 2-413 identifies the same duties of the Storm Drainage Board as shown in Section 26-495. This ordinance, which was unanimously adopted on First Reading on October 15, revises Section 2-413 and makes n the two sections of the Code consistent. Hearing and First Reading of Ordinance No. 124, 1991 Amending Section 29- 4.) 678(7) of the Code of The City of Fort Collins Eliminating the Requirement to Convert Existing Overhead Utility Facilities to Underground Prior To Issuance Of a Building Permit. The recommended changes are in response to Section 2 - Item J of Resolution 91-99 adopting Council goals and work policy specifically addressing North College Avenue revitalization. Currently, the Code requires the conversion of existing low voltage overhead electric power lines to underground as a condition for development. Non-city utilities have overhead lines in the North College area which would have to be converted in order for development to occur. In the past, this requirement has presented a deterrent to development. This ordinance deletes the conversion requirement, thus removing a significant financial deterrent to development. 10. Hearing and First Reading of Ordinance No. 125, 1991 , Designating Property Within the City of Fort Collins as a Historic Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. The property owner, David Haimson, is initiating this request for Local Landmark Designation for the "Shenk House, " located at 629 West Mountain Avenue. A public hearing was held by the Commission on October 2, 1991, at which the Commission unanimously voted to recommend designation of this • � • • • PAGE 7 Monetary consideration: $10. d. Easement from Daniel Joseph and Ellen Jean Spitler, 945 E. Prospect Road, needed for the Lemay/Prospect Intersection. Monetary consideration: $41,000 (M.A. I . Appraisal ) ***END CONSENT*** 22. Pulled Consent Items. Items pulled from the Consent Calendar will be considered at this time. 23. Staff Reports. 24. Councilmember Reports. Items Needing Individual Consideration. 25. Appeal of the September 23, 1991 Final Decision of the Planning and Zoning Board Approving, With Conditions, the Request for Administrative Change to Nash Finch/Steele's Market at Harmony Market, Filing Three, Final P.U.D. The Appeal Pertains Only to a Portion of Condition Number Three. On September 23, 1991, the Planning and Zoning Board voted 6-0 to approve, with three conditions, the request for an administrative change to Nash Finch/Steele's Market at Harmony Market, Filing Three, Final P.U.D. The appeal relates only to the locational aspect of condition number three of the Planning and Zoning Board's final decision. Condition number three reads as follows: "The three signs on the lower fascia be lowered off the fascia and be of blue color to carry the established signage theme across all three anchors and to promote consistency. " The project was a referral of an administrative change to the Planning and Zoning Board. The applicant's request was to add wall signage to the north elevation of Nash Finch/Steele's Market over the allowable amount approved on the original P.U.D. The Planning and Zoning Board approved the request subject to three conditions. Conditions number one and two were agreed to by the applicant. The third condition relates to the proposed location of three, individual lettered signs advertising separate and distinct tenants within the structure. The appeal takes issue with the locational aspect of the condition number three, not the color aspect. It is the appellant's desire to place three, individual -lettered, wall signs upon the lower fascia of the north elevation. • • '4 PAGE 8 26. Hearing and First Reading of Ordinance No. 131, 1991, Authorizing the Issuance of Stormwater Revenue Bonds Series 1991 Dated December 1, 1991 in the Aggregate Principal Amount of $6,235,000. This Ordinance provides for the issuance of $6,235,000 of Stormwater revenue bonds to cover the cost of capital projects in the City's storm drainage system. The proposed 1992 Budget identified the issuance of revenue bonds for the Stormwater Utility. The market is extremely favorable for the issuance of bonds, and this Ordinance provides for the issuance of $6,235,000 of Stormwater revenue bonds before the end of the year to take advantage of this market. The net proceeds of the sale of the bonds are to be expended for the acquisition of ROW, design, and construction of improvements in the Stormwater Utility capital improvements program. Capital projects are recommended that protect the health, property, safety and welfare of existing and future basin inhabitants where the total benefits are greater than the costs. The debt service on the bonds will be paid from the revenues generated by the Stormwater Utility monthly capital fees and developer basin fees from those basins using the bonds. By using debt service financing for capital projects, the cost of improvements are spread over time which helps to level out fees. It also allows for future development in the basin and helps pay for improvements of benefit to basin inhabitants. 27. Hearing and First Reading of Ordinance No. 132, 1991 Amending Chapter 25 of the City Code Regarding Sales and Use Tax. This ordinance proposes standardized definitions and dispute resolution procedures. Added are procedures for coordinated local audits as well as provisions for a centralized clearinghouse for information. Staff has also included some housekeeping changes and is taking this opportunity to clarify remitting guidelines for sales and use tax collections. 28. Resolution 91-145 Excusing the Absences of Councilmember Fromme From Past Council Meetings. The City Charter provides that an extended period of absence from Council meetings shall result in a vacancy in that Councilmember's office unless such absences are excused by resolution of the Council . 29. Other Business 30. Adjournment NOTE: Council will consider adjourning into Executive Session to conduct the performance review of Municipal Judge een Allin. At the conclusion of Judge Allin's performance revi , h ovember 5 meeting needs to be adjourned to 6:15 p.m. on Novem or the purpose of adjourning into Executive Session to conduct nnual performance reviews of the City Manager and City Attorney. 12,.