HomeMy WebLinkAboutMINUTES-01/07/1992-Regular' January 7, 1992
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday,
January 7, 1992, at 6:30 p.m. in the Council Chambers of the City of Fort Collins
City Hall. Roll call was answered by the following Councilmembers: Azari,
Edwards, Fromme, Kirkpatrick, and Maxey.
Councilmembers absent: Winokur
Staff Members Present: Burkett, Krajicek, Roy.
Citizen Participation
Al Bacilli, 520 Galaxy Court, commented against the vendors' fee.
LeRoy Gomez, 2636 Davidson Drive, Hispanic activist, expressed concerns about
Hispanic employment in the City.
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Citizen Participation Follow-up
City Manager Burkett gave a history of the vendors' fee. The fee is to offset
the costs of bookkeeping required to remit sales tax to the City.
Councilmember Fromme inquired what percentage is kept by the vendors.
Finance Director Alan Krcmarik clarified vendors retain 3% of the sales tax
collected up to a cap of $90 per month. Above that, 1% of the additional tax to
be remitted is retained.
Agenda Review
City Manager Burkett noted there was a revised Resolution 92-9 Recommending Fire
hlarsha7 Warren Jones of the Poudre Fire Authority be Appointed to the State
Underground Storage Tank Advisory Committee in the packet.
Consent Calendar
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
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January 7, 1992 '
Consent Calendar will be considered separately under Agenda Item #18, Pulled
Consent Items.
a
a
10.
Consider approval of the minutes of the regular meeting of November 19.
the C-L, Limited Commercial, Zone.
This Ordinance, which was unanimously adopted on First Reading on December
17, rezones the Riverside Shopping Center area included within the
boundaries of the EAST SIDE NEIGHBORHOOD PLAN. The Ordinance rezones the
area from the I-G, General Industrial, and the C, Commercial, zones to the
C-L, Limited Commercial, zone.
Proposals were received on December 10, 1991, from ten firms to provide
lease -purchase financing for the City's current vehicle, equipment and
cable requirements. The proposal meeting all City requirements and
offering the lowest net effective interest rate of 6.6715% was received ,
from the Public Finance Group Inc. This Ordinance, which was unanimously
adopted on First Reading on December 17, authorizes a lease/purchase
agreement with Public Finance Group, Inc.
All of the equipment to be replaced complies with the City's equipment
replacement policy. This lease -purchase financing is consistent with the
financial policies of the City of Fort Collins, which provides for lease -
purchase financing for certain rolling stock and equipment.
Agency for the City of Fort Collins Emergency Management Program.
Fort Collins Police Services has applied for and been awarded an
"Emergency Management Assistance" (EMA) grant for federal fiscal year
1992, which began October 1, 1991. These funds are allocated by the
Federal Emergency Management Agency to support Emergency Management
Program activities at the local level. Local jurisdictions must first
meet specific program requirements and must have an established disaster
agency and plan.
The City has recently received notification of a grant award in the amount
of $3,555 for the time period of October 1, 1991 to December 31, 1991.
This grant requires a 50/50 match in funds. These matching funds are ,
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January 7, 1992
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currently included in Police Services' 1992 budget, primarily under the
Emergency Management Coordinator position.
Police Services plans to receive similar EMA grant amounts on a regular
basis in the future to help fund the Emergency Management Program.
11. Items Related to the Link-N-Greens Third Annexation and Zoning.
A. Resolution 92-1 Setting Forth Findings of Fact and Determinations
Regarding the Link-N-Greens Third Annexation.
B. Hearing and First Reading of Ordinance No. 2, 1992, Annexing
Approximately 44 Acres, Known as the Link-N-Greens Third Annexation.
C. Hearing and First Reading of Ordinance No. 3, 1992, Zoning
Approximately 44 Acres, Known as the Link-N-Greens Third Annexation,
Into the R-C, River Corridor, Zoning District.
This is a request to annex and zone approximately 44 acres located south
of East Lincoln Avenue and west of Lemay Avenue. The property is
presently developing as a nine hole expansion to the existing Link-N-
Greens Golf Course. The property is currently zoned 0-Open in the County.
This is a voluntary annexation.
12. Resolution 92-2 Finding Substantial Compliance and Initiating Annexation
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The applicant, Gary Nordic (309 W. Harmony Road, Ft. Collins, CO 80525),
on behalf of the property owner, Eric Peterson (1919 Westview Road, Ft.
Collins, CO 80521), has submitted written petitions requesting annexation
of:
(1) approximately 854 square feet, located just east of the terminus of
Spaulding Lane, south of Country Club Road. (Pickett Second)
(2) approximately 10,605 square feet, located just south of the terminus
of Westview Road, south of Country Club Road. (Pickett Third)
The proposed Resolution makes a finding that the petitions substantially
comply with the Municipal Annexation Act, determines that hearings should
be established regarding the annexations, and directs that notice be given
of the hearings. The hearings will be held at the time of first reading
of the annexation and zoning ordinances.
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January 7, 1992 '
Services in 1992.
Since 1981, the City has contracted with the Larimer County Department of
Human Development to allocate and administer the distribution of human
services funds via the Human Resource Grant Program. While City Council
sets the appropriation during the budget process, the recommended
allocation of the funds amongst the human service agencies participating
in the Human Resource Grant Program is developed by Larimer County's Human
Resource Committee. The City is represented on this Committee by three
members of the City's Human Relations Commission. The Human Resource
Committee reviews proposals, makes site visits, and recommends the
allocation of funds. Final approval of the allocation is by City Council.
The total 1992 funding for the Human Resource Grant Program is $351,108.
The City of Fort Collins share is $196,000, which is $4,615 more than it
was in 1991. The City of Loveland's share is $66,192 and Larimer County's
share is $88,916. The attached chart shows the agency allocation by each
governmental entity.
This resolution authorizes the Mayor to enter into an Intergovernmental
Agreement with Larimer County for the purpose of providing social and '
human services to the City of Fort Collins in 1992 and facilitates the
allocation of funds from the 1992 budget.
Committee.
Councilmember Bob Winokur has served on the State Underground Storage Tank
Advisory (UST) Committee since its inception in 1989. Councilmember
Winokur will resign his position on the Committee and has suggested that
Fire Marshal Warren Jones of the Poudre Fire Authority be recommended to
serve as the local government representative on the Committee.
Mr. Jones -has been actively involved in local and state underground
storage tank issues and was involved with the development of HB 1299 in
1989 that created this Committee. Poudre Fire Authority enforces all city
ordinances involving underground storage tanks and the local program now
in place has proven effective in addressing UST problems. The local UST
program has been recognized as a model program incorporating federal EPA,
state and local regulations.
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January 7, 1992
15. Items Relating to Nominations to Various Steering Committees of the
National League of Cities.
The City of Fort Collins is a member city of the National League of
Cities, which addresses the immediate and long term concerns of city
officials and urban citizens.
Resolution 92-5 Approving and Endorsing the Nomination of Gerry
Horak to the Energy, Environment, and Natural Resources Steering
Committee of the NLC.
This Resolution would support the nomination and continued
membership of Councilmember Gerry Horak on the NLC Energy,
Environment, and Natural Resources Steering Committee, which is
responsible for drafting policy statements for presentation to the
counterpart Policy Committee.
B. Resolution 92-6 Approving and Endorsing the Nomination of Loren
Maxey to the Transportation and Communication Steering Committee of
the NLC.
This Resolution would support the nomination and continued
' membership of Councilmember Loren Maxey on the NLC Transportation
and Communications Steering Committee, which is responsible for
drafting policy statements for presentation to the counterpart
Policy Committee.
Resolution 92-7 Approving and Endorsing the Nomination of Ann Azari
to the Human Development Steering Committee of the NLC.
This Resolution would support the nomination and continued
membership of Mayor Pro Tem Ann Azari on the NLC Human Development
Steering Committee, which is responsible for drafting policy
statements for presentation to the counterpart Policy Committee.
16. Resolution 92-8, Creating a Citizen Advisory Committee for the Northeast
Area Transportation Study.
In September
of 1991, City Council approved the Northeast Area
Transportation
Study.
This study will look at transportation issues in
the northeast
area of
the City and develop possible solutions to these
issues. An important
element of this Transportation Study is a public
process that
provides
opportunities for the public to be involved
throughout this
transportation planning process. A Citizen Advisory
Committee will
provide
a central focus for citizen participation. Staff
has worked with
the
Council Leadership Team to develop a list of
organizations,
committees
and existing citizen groups to provide a
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January 7, 1992
spectrum of interests for this Citizen Advisory Committee
have been identified to participate on this Committee are:
o City of Fort Collins Air Quality Task Force
o Board of Realtors
o City of Fort Collins Planning and Zoning Board
o Larimer County Planning Commission.
o North College Business Owners
o Citizen Planners
o Trucking Representative
o City of Fort Collins Chamber of Commerce
o East Mulberry Business Owners
o Buckingham/Alta Vista/Andersonville area
Groups that
In addition to the above, two at -large members, individuals from the
community who have in the past been involved in community transportation
issues will be included. Two additional members will come from homeowner
associations in the study area. All members of the Committee will serve
as representative members from their respective groups and will be asked
to network with others to provide even larger community participation.
Resolution 92-9 Making an Appointment to the Community Development Block
Grant Commission.
A vacancy currently exists on the Community Development Block Grant
Commission due to the resignation of Mary Clark.
Mayor Kirkpatrick and Councilmember Maxey reviewed the active applications
on file and are recommending that Richael Michels be appointed to complete
the term which expires July 1, 1993.
Ordinances on Second Reading were read by title by City Clerk Wanda Krajicek.
Item #8
Item #9.
Second Reading of Ordinance No. 143, 1991, Rezoning the Riverside
Shopping Center Area from the I-G, General Industrial, and C,
Commercial, Zones to the C-L, Limited Commercial, Zone.
Ordinances on First Reading were read by title by City Clerk Wanda Krajicek.
Item #10.
Program.
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January 7, 1992
Item #11B.
Item 1111C.
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Azari, Edwards, Fromme, Kirkpatrick and Maxey. Nays: None.
THE MOTION CARRIED.
Councilmembers Reports
Mayor Kirkpatrick gave the first State of the City address in which she reviewed
1991 accomplishments, proposed "The Year of the River" as the community theme for
1992, and advocated the use of state sales tax to fund K-12 education.
Secretary's Note: Councilmember Horak arrived at this point.
' Appeal of the November 14, 1991 Decision of
the Zoning Board of Appeals to Deny a Setback
Reduction Variance for a Carport Addition at
1513 Constitution Avenue, Remanded to the Zoning Board of Appeals
The following is staff's memorandum on this item:
"EXECUTIVE SUMMARY:
On November 14, 1991, the Zoning Board of Appeals considered a variance request
for the property at 1513 Constitution Avenue. The variance sought would have
reduced the required building setback from the Prospect Road property line from
20 feet to 1 foot in order to allow a carport addition to a single-family home.
This request, heard as Appeal #2012, was unanimously denied by a vote of seven
to zero. Boardmembers cited the lack of a hardship as the reason for voting to
deny the variance. Ed and Thelma Fleener, owners of the property, are appealing
this decision.
BACKGROUND:
On October 17, 1991 a City Building Inspector issued a Stop Work Order for a
carport which was being constructed at 1513 Constitution Avenue. The order was
issued as a result of construction of the carport commencing without first
obtaining a building permit. On October 18, 1991 Chaparell Construction Company
applied for a building permit for the carport. Review of the site plan which was
' submitted indicated that the structure was being built only one foot from the
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January 7, 1992
front property line. Since the Zoning Code requires that structures be at least
20 feet from the front property line, the permit was denied. Subsequently, the
contractor, representing the owners, applied for a variance to reduce the setback
requirement.
The property at 1513 Constitution Avenue is located in the RL (Low Density
Residential) zoning district. This property is a corner lot which is located at
the northwest corner of West Prospect and Constitution. The house faces
Constitution, however the Code defines a "front lot line" as:
"the property line dividing a lot from a street. On a corner lot only one
(1) street line shall be considered as a front line, and the shorter
street frontage shall be considered the front line".
With respect to this lot, the legal front property line is the lot line along
Prospect Road because it is shorter than the lot line along Constitution. Since
the request is to reduce the required setback from Prospect, it is necessary to
ask for a reduction to the 20 foot front setback requirement. (The lot line
along Constitution is considered a street side lot line, requiring a setback of
15 feet).
The purpose of the proposed carport is to shelter the owner's 32 foot long motor
home. The petitioners stated that their hardship was the desire to use the I
concrete pad which already exists at this location, and expressed that it was
their belief that there were no other locations for such a structure.
The powers and duties of the Zoning Board of Appeals are stated in Section 29-41
of the Code. The authority to grant variances is set forth in Section 29-41 (c),
which states:
"The Zoning Board of Appeals shall authorize, upon appeal in specific
cases, variances from the terms of this Article where by reason of
exceptional narrowness, shallowness or slope of a specific piece of
property at the time of the enactment of this Article or by reason of
exceptional topographical conditions or other extraordinary and
exceptional situations or conditions of such piece of property, including
situations or conditions which hinder the owner's ability to install a
solar energy system, the strict application of any regulation enacted
herein would result in peculiar and exceptional practical difficulties to
or exceptional or undue hardship upon the owner of such property, provided
that such relief may be granted without substantial detriment to the
public good and without substantially impairing the intent and purposes of
this Article....".
After due consideration and discussion, members of the Board expressed their
findings that this was a typical city lot in that there were no unique
circumstances regarding the shape, size, or topography of the lot. Several Board
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January 7, 1992
members expressed their belief that the hardship was self-imposed. The Board
voted unanimously to deny the variance request due to lack of hardship.
The appellants allege that the Zoning Board of Appeals failed to conduct a fair
hearing, however, their notice of appeal does not state how they were denied a
fair hearing as per the specific language contained in Section 2-48 of the Code.
City Council is being furnished with a copy of the minutes of the ZBA meeting on
this matter and all other materials presented to the Zoning Board of Appeals
regarding this variance request. (Three letters written by neighbors were
received after the hearing, therefore they were not presented to the Board and
are not part of the record. The parties sending the letters have been notified
of their right to present their comments directly to the Council if Council
decides to hear the appeal.)"
Councilmember Azari withdrew from discussion and vote on this item due to a
perceived conflict of interest.
City Attorney Roy summarized the appeal process.
Councilmember Horak made a motion, seconded by Councilmember Maxey, that the
grounds alleged in the notice of appeal are sufficient to hear the appeal. Yeas:
' Councilmembers Edwards, Fromme, Horak, Kirkpatrick, and Maxey. Nays: None.
(Councilmember Azari withdrawn)
THE MOTION CARRIED.
Code Administrator Peter Barnes made a presentation, showing the slides that were
presented to the Zoning Board of Appeals at its November hearing.' He described
the criteria for a "hardship."
Councilmember Edwards inquired about the burden of responsibility in
demonstrating a hardship.
Barnes replied the petitioner is required to demonstrate a hardship to the Board.
Councilmember Fromme inquired what hardship the appellant claimed.
Barnes replied the petitioner's statement of hardship was that a concrete pad
exists at the location upon which the owner wishes to construct a carport to
cover his 32' motorhome.
Roy stated the Council is to determine whether a variance should be granted. The
Code states that in order for a variance to be granted, there should be a finding
of a hardship. Council is to determine whether there is evidence in the record
to support the conclusion of the Board that there is no hardship.
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January 7, 1992 ,
Councilmember Horak asked what the problem was in putting a carport over an
existing pad when a motorhome can be parked there continuously.
Barnes stated a carport is considered a structure. The sides could be closed in
at a later date. The variance goes with the property.
Councilmember Horak inquired if any variances had been granted conditioned on a
time period or ownership. He also asked if variances could be tied to the use.
Roy stated that variances cannot be made personal to ownership. The question of
variances conditioned on use would need further research.
Councilmember Edwards asked if the Zoning Board of Appeals is concerned about
setting a precedent.
Barnes replied the Board is concerned about the issue of precedent.
Councilmember Edwards asked about setbacks.
Barnes stated that setbacks establish an expectation for a neighborhood.
Councilmember Maxey inquired about a boathouse shown in the pictures.
Barnes stated the boathouse is approximately at the same setback location as the ,
carport would be. The Code exempts storage sheds and accessory buildings that
do not exceed 8 feet in height or 120 square feet in floor area. The proposed
building exceeds 120 square feet in floor area.
Councilmember Maxey asked if a non -corner lot would need a variance to erect a
carport that close to the property line.
Barnes replied that if the lot line along Prospect Road were an interior side lot
line, the Code would require a 5-foot setback from the property line.
Ed Fleener, 1513 Constitution, property owner, gave the history of the property
and problems associated with the corner location.
Janice. Watson, Chaparell Construction, contractor, spoke of the annual
maintenance costs for the motorhome and the proposed design of the carport.
Councilmember Edwards made a motion, seconded by Councilmember Kirkpatrick, to
uphold the decision of the Zoning Board of Appeals.
Councilmember Fromme expressed concern about the lack of input from the neighbors
and the effect of the future development of Prospect Road.
Councilmember Edwards stated his belief that the Zoning Board of Appeals did a
thorough job and questioned the sufficiency of the stated hardship. '
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January 7, 1992
Councilmember Fromme inquired if
a carport could be
allowed in another location
on the lot if the Zoning Board of
Appeals decision is
upheld. She supported the
Zoning Board of Appeals decision
with the condition
that individuals receive as
much assistance as developers.
Barnes replied that it could be
placed in another
location. He had discussed
other options with the contractor.
Councilmember Horak spoke against the motion, stating that the addition of a
carport would not change the visual effect.
Mayor Kirkpatrick spoke in support of the motion.
Councilmember Edwards clarified that the issue is the creation of the structure,
not the parking of the motorhome.
Councilmember Maxey spoke against the motion, stating that variances must
accommodate the differences in design of older subdivisions.
Councilmember Fromme clarified that the issue could be sent back to the Zoning
Board of Appeals.
The vote on Councilmember Edwards' motion to uphold the decision of the Zoning
Board of Appeals was as follows: Yeas: Councilmembers Edwards and Kirkpatrick.
Nays: Councilmembers Fromme, Horak, and Maxey. (Councilmember Azari withdrawn)
THE MOTION FAILED.
Councilmember Maxey made a motion, seconded by Councilmember Fromme, to remand
the item to the Zoning Board of Appeals.
Councilmember Fromme asked if the Code definition of the frontage of the property
could be considered when the matter is returned to the Board.
Roy replied that would take a legislative change and could not be done in the
context of this appeal.
Councilmember Fromme clarified there would be an entire new hearing before the
Board. The criteria the Board will use in making a decision will be the same,
but the evidence could be different.
Barnes stated that in 1968 the Board recognized that Prospect was the side lot
line of the property and issued a variance to reduce the setback to 15 feet.
That lot line is still the legal front lot line by definition.
Councilmember Maxey cited previous Zoning Board of Appeals decisions on setback
variances for carports, the Board's failure to consider the location of other
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January 7, 1992 '
existing structures on the lot, and the fact that this is an older corner lot as
reasons to remand the matter back to the Board.
The vote on Councilmember Maxey's motion to remand the decision back to the Board
was as follows: Yeas: Councilmembers Fromme, Horak, and Maxey. Nays:
Councilmembers Edwards and Kirkpatrick. (Councilmember Azari withdrawn)
THE MOTION CARRIED.
Resolution 92-10 Authorizing the Mayor to Enter into
an Intergovernmental Agreement with the
United States Federal Aviation Administration for
Partial Funding of an Airport Master Plan Update, Adopted
The following is staff's memorandum on this item:
"FINANCIAL IMPACT:
The Federal Aviation Administration has obligated $45,000 of federal funds to
accomplish Airport Improvement Program Project No. 3-08-0023-05, Airport Master
Plan Update for the Fort Collins -Loveland Airport. The grant offer covers 90%
of the total Project cost. The 10% local share for this project will be S5,000. '
The City of Fort Collins share will be $2,500 and the City of Loveland share will
be the same. These funds were previously appropriated in the 1992 Budget.
EXECUTIVE SUMMARY:
The cities of Fort Collins and Loveland have received a grant offer from the
Federal Aviation Administration in the amount $45,000 for a Master Plan Update.
The Master Plan provides forecasts and recommendations for the expansion of the
Airport. The Master Plan will guide the Federal Aviation Administration's
financial participation in the Fort Collins -Loveland Airport for the ensuing five
years."
Councilmember Maxey withdrew from discussion and vote on this item due to a
perceived conflict of interest.
Fred Anderton, manager of the Fort Collins -Loveland Airport, made a presentation
on this item and the following item, Resolution 92-11 Authorizing the Mayor to
Enter into an Intergovernmental Agreement with the United States Federal Aviation
Administration for Partial Funding of a Project to Groove and Mark Runway 15133
at the Fort Collins -Loveland Airport.
Councilmember Horak clarified that the Master Plan would still be done if there
were not a federal grant. He asked who would do the plan.
Anderton replied that Isbill and Associates would do the plan. '
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Councilmember Horak inquired whether the project to groove and mark the runway
was in the current Master Plan.
Anderton replied there were 3 items not completed in the 5-year Master Plan: (1)
the runway grooving, (2) the next 5-year Master Plan, and (3) a fire/crash
building.
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
Resolution 92-10.
Councilmember Horak gave his concerns that the federal funding availability was
driving the study.
Councilmember Azari spoke in favor of the Master Plan update, stating that the
Master Plan would be necessary even without the federal funding.
Councilmember Edwards clarified that Fort Collins' share of the project was
$2,500 and the lion's share of $45,000 would be paid by the FAA.
Councilmember Horak asked if the money could be used for something besides
planning.
' Anderton replied the money is earmarked for planning and if it is not used, the
cities could go back and ask for another grant at the end of the year.
Mayor Kirkpatrick spoke in support of this proposal.
The vote on Councilmember Azari's motion to adopt Resolution 92-10 was as
follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, and Kirkpatrick.
Nays: None (Councilmember Maxey withdrawn)
THE MOTION CARRIED.
I
Resolution 92-11 Authorizing the Mayor to
Enter into an Intergovernmental Agreement with
the United States Federal Aviation Administration
for Partial Funding of a Project to Groove and Mark
Runway 15/33 at the Fort Collins -Loveland Airport Adopted
The following is staff's memorandum on this item:
"FINANCIAL IMPACT:
The Federal Aviation Administration has obligated $117,135 of federal funds to
accomplish Airport Improvement Program Project No. 3-08-0023-07, Groove and Mark
Runway 15133 at the Fort Collins -Loveland Airport. The grant offer covers 90%
' of the total project cost. The 10% local share for this Project will be $13,015.
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The City of Fort Collins share will be $6,507.50 and the City of Loveland share
will be the same. These funds were previously appropriated in the 1992 Budget.
EXECUTIVE SUMMARY:
The cities of Fort Collins and Loveland have received a grant offer from the
Federal Aviation Administration in the amount $117,136 for Grooving and Marking
Runway 15133. Runway 15133 at the Fort Collins -Loveland Airport is the primary
runway. The grooving of the runway will provide a safer braking surface and
improved drainage of the runway surface. The painted runway numbers, centerline
strip and runway environment markings are, at present, faded or hard to see under
low light situations. The grant will repaint all markings on Runway 15/33."
Councilmember Maxey withdrew from discussion and vote on this item due to a
perceived conflict of interest.
Councilmember Edwards made a motion, seconded by Councilmember Azari, to adopt
Resolution 92-11.
Councilmember Horak requested additional background information on airport items.
The vote on Councilmember Edwards' motion to adopt Resolution 92-11 was as
follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, and Kirkpatrick. '
Nays: None (Councilmember Maxey withdrawn)
THE MOTION CARRIED.
Other Business
Councilmember Edwards requested a two -page memo on the fact that the Planning and
Zoning Board issued a final approval on an application without a signed
,- development agreement. He requested a review of the issue which would address:
(1) What is the existing policy? (2) How often is that happening? (3) Is the
Board aware that is happening? and (4) What are the legal ramifications?
Councilmember Fromme requested clarification on the vendors' fees. She requested
a two -page memo giving other options for reimbursing vendors and addressing the
actual costs to the vendor for collecting sales tax.
Councilmember Fromme requested a two -page memo update on the status of the Hahn
property and the Seven Springs Ranch property.
Councilmember Fromme requested a two -page memo on the steps being taken to
correct the fact that sand for snow abatement is stored a distance from the
trucks.
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Councilmember Horak requested that air quality data reporting be discussed under
"Other Business" at the January 14 Work Session. He requested that the existing
two -page memo contained in the packet be attached to the work session materials.
Mayor Kirkpatrick made a motion, seconded by Councilmember Horak, to reconsider
and amend Resolution 91-136 which establishes a policy on distribution of
information to the Council. Mayor Kirkpatrick stated her purpose in requesting
reconsideration of Resolution 91-136 was to amend the Resolution to delete
Section 3, the "non-public information" category. She stated her misgivings
about elimination of the "non-public" category in the case of sensitive or
personal information received from members of the public. However, without
consensus on Council on this category, there is no effective policy.
Councilmember Edwards inquired if there were another way to address the
sensitivity issue.
Mayor Kirkpatrick expressed the hope that the privacy and safety of individuals
could be maintained, perhaps with another new category.
Councilmember Maxey inquired when communication between two parties crossed the
line and became public.
City Attorney Roy responded that correspondence addressed to or createdt by
' Councilmembers in their official capacity constitutes a public record from the
time it is received by the City and for as long as it is maintained by the City.
Mayor Kirkpatrick stated her intent was to amend Resolution 91-136 to only
contain the categories of "confidential" and "no classification".
Councilmember Edwards asked if consideration had been given to retaining the
"non-public" category but making it more restrictive.
Mayor Kirkpatrick replied that option was considered, but was not expected to
result in a consensus discussion.
Councilmember Horak requested that the Resolution be considered at another
meeting. The Resolution pertains to classification of information, not the
distribution of information. He expressed his belief in his right to release
"confidential" information if he deemed the information not confidential under
state statutes. In his opinion, the controversy came out of the misuse of the
category stamps and who was getting information.
Councilmember Azari agreed with elimination of the third category, describing it
as meaningless.
Councilmember Edwards stated his preference to refine the "non-public" category
' to incorporate only sensitive or personal information.
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January 7, 1992
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Councilmember Fromme supported elimination of the "non-public" category and
redefining the "confidential" category to include personal and sensitive
information.
Councilmember Horak made a motion, seconded by Councilmember Fromme, to postpone
the reconsideration of Resolution 91-136 until January 21. Yeas: Councilmembers
Edwards, Fromme, Horak, and Kirkpatrick. Nays: Councilmembers Azari and Maxey.
THE MOTION CARRIED.
Adjournment
The meeting adjourned at 8:55 p.m.
Mayor
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