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Home My WebLink AboutSTONER SUBDIVISION, LOT 2 MAJOR AMENDMENT - OBERMANN RESIDENCE - FDP130045 - AGENDA - APPEAL TO CITY COUNCIL12. Consideration of the Appeal of the Administrative Hearing Officer Decision to Approve the Stoner Subdivision Major Amendment. (staff: Jason Holland; 10 minute staff presentation, 2 hour discussion) On December 31, 2013 an appeal was filed concerning the Administrative Hearing Officer's decision regarding a proposed Major Amendment to the building elevations and building footprint for Lot 2 of the Stoner Subdivision, 1017 West Magnolia Street. The Appeal asserts that the Hearing Officer failed to properly interpret and apply relevant provisions of the Land use Code, specifically: Article 3, Section 3.5.1 - Building and Project Compatibility 2. Article 4, Neighborhood Conservation, Low Density District (N-C-L), Section 4.7(A) - Purpose. 0 CONSIDERATION OF CITIZEN -PULLED CONSENT ITEMS • OTHER BUSINESS • ADJOURNMENT Every Council meeting will end no later than 1C:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote. extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. City of Fort Collins Page 6 10. Resolution 2014-010 Authorizing the Initiation of Exclusion Proceedings of Annexed Properties Within the Territory of the Poudre Valley Fire Protection District. The purpose of this item is to authorize the City Attorney to file a petition in Larimer County District Court to exclude properties annexed into the City in 2013 from the Poudre Valley Fire Protection District (the "District") in accordance with state law. The properties will continue to receive fire protection services from the Poudre Fire Authority. 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 • CONSIDERATION OF COUNCIL -PULLED CONSENT ITEMS 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. 11. Second Reading of Ordinance No. 015 2014 Authorizing the Acquisition by Eminent Domain Proceedings of Certain Land Necessary for the Construction of the West Vine Basin Outfall Project. (staff: Tawyna Ernst, Matt Fater, no staff presentation; 5 minute discussion) This Ordinance, adopted on First Reading by a vote of 6-0 (Campana recused) authorizes the use of eminent domain to acquire property interests for the West Vine Basin Outfall project. In assembling property interests for the West Vine Basin Outfall Project, the City has encountered two properties with complicated lending situations. Due to the degree of complication and the properties' keystone importance, staff proposes the use of eminent domain as the most cost effective and efficient approach to complete the City's desired acquisition of 12.841 acres if all the necessary lender consents cannot be obtained in a timely way. The City has been working with the landowners and they are agreeable to this approach. City of Fort Collins Page 5 • 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. o Citizen -pulled Consent Calendar items will be considered after Discussion Items. • CITIZEN PARTICIPATION Individuals who wish to make comments regarding items scheduled on the Consent Calendar or wish to address the Council on items not specifically scheduled on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Before speaking, please sign in at the table in the back of the room. The timer will buzz once when there are 30 seconds left and the light will turn yellow. The timer will buzz again at the end of the speaker's time. Each speaker is allowed 5 minutes. If there are more than 6 individuals who wish to speak, the Mayor may reduce the time allowed for each individual. • State your name and address for the record • Applause, outbursts or other demonstrations by the audience is not allowed • Keep comments brief; if available, provide a written copy of statement to City Clerk • Address your comments to Council, not the audience • 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. 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 January 7 2014 Regular Council Meeting and the January 14. 2014 Adiourned Council Meeting. The purpose of this item is to approve the minutes from the January 7, 2014 Regular Council Meeting and the January 14, 2014 Adjourned Council Meeting. 2. Second Reading of Ordinance No 010 2014 Appropriating Unanticipated Revenue in the General Fund for the Exterior Preservation and Reconstruction of the Avery Building at the Intersection of College and Mountain Avenues. This Ordinance. unanimously adopted on First Reading on January 21, 2014, appropriates unanticipated revenues in the amount of $19,839, received in excess of previously appropriated funds, for the Avery Building Restoration project. City of Fort Collins Poge 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 City Council Chambers City Hall West 300 LaPorte Avenue Fort Collins, Colorado Cablecast on City Cable Channel 14 on the Comcast cable system Steve Roy Darin Atteberry Wanda Nelson 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 February 4, 2014 Proclamations and Presentations 5:30 p.m. None. Regular Meeting 6:00 p.m. • PLEDGE OF ALLEGIANCE • CALL MEETING TO ORDER • ROLL CALL • AGENDA REVIEW: CITY MANAGER • City Manager Review of Agenda, City of Fort CoUins Page i