HomeMy WebLinkAboutMINUTES-01/04/1994-RegularJanuary 4, 1994
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 4, 1994, 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,
Horak, Janett, Kneeland, McCluskey and Winokur.
Councilmembers Absent: Apt.
Staff Members Present: Burkett, Krajicek, Roy.
Citizen Participation
Richard Thomas a Fort Collins resident, stated he was the author of a recently
published "soapbox" article regarding the Planning and Zoning Board. He
requested Council examine the Planning and Zoning Board process.
Citizen Participation Follow-up
' Councilmember Horak responded to Mr. Thomas' comments. He spoke of the
difficulties confronting the Planning and Zoning Board noting its decisions often
differ with people's values.
Councilmember Kneeland spoke of the importance of neighborhoods communicating
with each other and thanked Mr. Thomas for taking the time to express his
opinion.
Councilmember McCluskey stated neighborhood issues are a major concern of
Council.
Mayor Azari responded to Mr. Thomas and stated the Planning and Zoning Board is
carrying out the legislative rules governed by Council.
Agenda Review
City Manager Steve Burkett requested that Item #13, First Reading of Ordinance
No. 2, 1994, Amending Section 26-206 and Section 26-306 and Adding Section 26-324
of the Code Pertaining to Liquid Waste Hauler Permits, be withdrawn from the
Consent Calendar, stating it needs further staff review before it would be ready
for Council consideration. He noted there was an additional Resolution in
Councils packet appointing a new individual to the Intergovernmental Corridor
Group.
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January 4, 1994
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Councilmember Janett requested that Items #15, Resolution 94-1 Authorizing the
Mayor to Enter Into a Lease Agreement For the Lease of City Property to the Fort
Collins Community Computer Network, a Colorado Non-profit Corporation, and Item
#16, Resolution 94-2 Authorizing the Mayor to Enter into a Contract with the
State of Colorado for the Receipt of Intermodal Surface Transportation &
Efficiency Act ("ISTEA") Funds for the Operation of Carpool and Vanpool Programs,
be withdrawn from the Consent Calendar.
Consent Calendar
This Calendar is intended to allow the City
on the important items on a lengthy agenda
Consent Calendar. Anyone may request an ite
the Consent Calendar and considered separa
Consent Calendar will be considered separa
Consent Items.
RM
9.
Council to spend its time and energy
. Staff recommends approval of the
m on this calendar to be "pulled" off
tely. Agenda items pulled from the
tely under Agenda Item #24, Pulled
Consideration of the minutes of the adjourned meeting of November 9, 1993.
The City of Fort Collins has an unplatted storm drainage detention area
bordered by Skyline Drive and Fort Ram Village II. Colorado State
University is constructing a new housing project to the north of this area
and needs natural gas service as soon as possible. Ordinance No. 175,
1993, which was unanimously adopted on First Reading on December 21,
authorizes the Mayor to grant a 10' easement access along the westerly
boundary of the storm drainage detention area for installation of a new
gas main to serve this new construction area to Public Service Company of
Colorado.
This request has been circulated to all utilities for their concurrence.
There were no objections to this easement as long as the area is shared by
Public Service, Light and Power, and Columbine Cable. Public Service has
agreed to restore the easement area as specified by the Stormwater Utility
Department.
This Ordinance which was unanimously adopted on First Reading on December
21, 1993 makes certain "housekeeping" changes to Sections 29-304(a) and
29-342(a) of the Zoning Code (Chapter 29) to bring these sections in
conformance with Ordinance 151, 1993, which adopted Code changes related
to the Neighborhood Compatibility Study.
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January 4, 1994
On January 1, 1960, Chris Rasmussen executed a quit claim deed to convey
to "the public for road and rights -of -way purposes" a parcel of land
adjacent to Homer Drive at Cook Court. The parcel provides sole access to
property owned by Gino Campana. Mr. Campana has requested that the City
quit claim any interest the City may have in the parcel so that he may
pursue acquiring ownership of parcel. The City Attorney's office has
reviewed the original quit claim deed and has determined that Mr.
Rasmussen's quit claim to "the public" recorded with Larimer County was
not, in the absence of City acceptance, a proper dedication of property to
the City. Public streets and roads do not become official until the
dedications for those facilities are accepted by the City. There is no
evidence that the City ever accepted the quit claim deed, no public street
improvements were ever constructed, nor is the parcel needed for a future
public street or access.
Therefore, providing Mr. Campana with a quit claim deed would establish
for the record that the City did not accept and has no interest in the
parcel originally dedicated to the public by Mr. Rasmussen. Ordinance No.
177, 1993 was unanimously adopted on First Reading on December 21, 1993.
Second Reading of Ordinance No. 178, 1993, Amending Section 2-30 of the '
Code of the City.of Fort Collins Pertaining to the Meeting Agenda of the
City Council.
Council gave direction at the November 23 work session that an ordinance
relating to agenda responsibilities be scheduled for Council's
consideration. Council direction was that the ordinance provide that the
City Manager prepare the agenda for all regular and special meetings of
the City Council in consultation with the Mayor and the Mayor Pro Tem.
The property owners of the tracts in the Raintree P.U.D. abutting
Snowberry Street have requested the vacation of the right-of-way for
Snowberry Street as originally platted with that P.U.D., located west of
Shields Street on the north side of Drake Road. The request is being
initiated in conjunction with the proposed development of the Preserve
Apartments P.U.D. which replats that portion of the Raintree P.U.D.
including the old Snowberry Street right-of-way.
The right-of-way for Snowberry Street is not necessary to retain since the
original purpose of the street was strictly to provide access within the
previously proposed development. In addition, Snowberry Street was never
constructed and no utilities were installed in the old right-of-way. All '
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January 4, 1994
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public and private utilities have been notified of the proposed vacation
and they report no objection.
13.
The Preserve Apartments P.U.D. was granted final approval by the Planning
and Zoning Board at its October 25, 1993 hearing. Following an appeal,
Council voted on December 14, 1993 to uphold the decision of the Planning
and Zoning Board. Therefore, staff and the Planning and Zoning Board
support the request to vacate the right-of-way for Snowberry Street and
request Council's endorsement of the vacation on First Reading.
In 1989, the Sanitary Waste Transfer Station, located at the Water
Reclamation facility at Riverside and Mulberry, was constructed in
cooperation with Larimer County for the purpose of treating septage waste
as opposed to disposal at the Larimer County Landfill. At that time, a
basic permit system was implemented to allow the disposal of septic waste
into the City's wastewater treatment system. The purpose of the permit
system is to protect the wastewater treatment system from receiving waters
with pollutants that are regulated discharges.
' Since the start of operations, it has become necessary to be more specific
in defining septage waste and enforcing operating procedures for haulers
at the transfer station. The proposed ordinance adopts the same discharge
limitations as required by industrial users .and enforces removal
procedures if not in compliance. It also addresses enforcement procedures
for clean-up if there is a spill. Commercial operation of a liquid waste
hauler will require this permit and a current Larimer County Septage
Haulers License. Private individuals who wish to use the station for
their RV's, for example, will not be required to have a permit, but will
have to comply with the discharge limitations.
14. First Reading of Ordinance No. 3, 1994 Authorizing the Mayor to Execute a
Grant of Easement in Favor of Burns Ranches, Inc.
This ordinance would grant a non-exclusive easement for an emergency
access road across a 14.3-acre tract of land which was recently acquired
for public natural area purposes (the Quail Hollow 7th Filing). This
easement would replace an existing easement that was in place on the land
at the time of the City's purchase. The existing easement will be
released by Burns Ranches, Inc. upon Council approval of the new easement.
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January 4, 1994 ,
Council adopted the public access policy in September, 1993. This policy
supports Council's goal to increase public access to community and City
information and services. In adopting this policy, Council formally
stated its position on public access and provided direction on the further
development of community and City electronic information and services.
This resolution specifically authorizes the City Manager to lease City
office space to FortNet for the amount of $1. The period of the lease is
six months, with the provision that the City may extend the lease for an
additional six months. The location of the proposed space is the modular
building adjacent to Wood Street, in the Utility complex. The address is
720 Wood Street. The building is commonly known as "the training center
- on Wood Street". This space is used infrequently for computer training
and will likely be razed in the future.
This resolution specifically authorizes the Mayor to lease City office
space to FortNet for the amount of $1. The period of the lease is six
months, with the provision that the City may extend the lease for an
additional six months. The location of the proposed space is the modular '
building adjacent to Wood Street, in the Utility complex. The address is
720 Wood Street. The building is commonly known as "the training center
on Wood Street". This space is used infrequently for computer training
and will likely be razed in the future.
Programs.
This action authorizes the Mayor to enter into a contract with the State
of Colorado for receipt of Intermodal Surface Transportation & Efficiency
Act (ISTEA) funds for the operation of Commuter Pool. This funding is
administered by the Colorado Department of Transportation. This action is
primarily a housekeeping item which will ensure the flow of ISTEA funds
through the State of Colorado to the City for the purpose of operating
carpooling and vanpooling programs.
This Resolution would support the reappointment and continued membership
of Councilmember Gerry Horak on the NLC Energy, Environment, and Natural
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January 4, 1994
Resources Steering Committee, which is responsible for drafting policy
statements for presentation to the counterpart Policy Committee.
A vacancy currently exists on the Natural Resources Advisory Board due to
the resignation of Terri Knudsen. Councilmembers Kneeland and Janett
reviewed the applications on file and are recommending Ryszard Chojnacki
be appointed to fill the term which expires July 1, 1996.
A vacancy also exists on the Senior Advisory Board due to the resignation
of Larry Chaussee. Councilmembers Winokur and Azari reviewed the
applications on file are recommending Edward Johnson, Jr. be appointed to
fill the term which expires July 1, 1995.
19. Routine Deeds and Easements.
Powerline Easement from A. E. March, Jr. and Robert H. Busch agents and
attorneys -in -fact for the property owners, 2101 South College Avenue,
needed to install new underground electric service. Monetary
consideration: $0.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
8. Second Reading of Ordinance No. 175, 1993, Authorizing the Mayor to
Execute a Utility Easement in Favor of Public Service Company of Colorado.
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Items on First Reading were read by title by City Clerk Wanda Krajicek.
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13.
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January 4, 1994 '
14. First Reading of Ordinance No. 3. 1994 Authorizing the Mayor to Execute a
Grant of Easement in Favor of Burns Ranches, Inc.
Councilmember McCluskey made a motion, seconded by Councilmember Winokur, to
adopt and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays:
None.
THE MOTION CARRIED.
Resolution 94-1
Authorizing the Mayor to Enter
Into a Lease Agreement For the
Lease of City Property to the Fort Collins Communi
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
Temporary leased office space for the amount of $1.
EXECUTIVE SUMMARY '
Council adopted the public access policy in September, 1993. This policy
supports Council's goal to increase public access to community and City
information and services. In adopting this policy, Council formally stated its
position on public access and provided direction on the further development of
community and City electronic information and services. The policy is attached
as "Exhibit A".
Working with the Fort Collins Community, Computer Network ("FortNet") is one of
the ways that the City has adjusted its workplan and increased community
collaboration in the area of public access. A one -page description of FortNet
is attached as "Exhibit 8". In September 1993, FortNet requested funding for its
pilot community network. That request is attached as "Exhibit C". One of the
requested items is temporary space.
This resolution specifically authorizes the Mayor to lease City office space to
FortNet for the amount of $1. The period, of the lease is six months, with the
provision that the City may extend the lease for an additional six months. The
location of the proposed space is the modular building adjacent to Wood Street,
W the Utility complex. The address is 720 Wood Street. The building is
commonly known as "the training center on Wood Street". This space is used
infrequently for computer training and will likely be razed in the future.
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January 4, 1994
FortNet also requested:
a. $25,000 one-time funding for a pilot community network, and
b. $10,000 on -going support, primarily for City information
coordination and FortNet support.
Council included these resources in its 1994 budget. The funds will be allocated
and tracked in the new "Information Access Technologies" General Fund program.
The $25,000 one-time funding will be transferred to FortNet in January 1994.
Prior to providing this funding, the City will enter into a contract with FortNet
to develop and implement a public access computer information network that will
connect Fort Collins area residents and businesses to community resources. A
summary of the terms and conditions of the service agreement are included in the
background material. The summarized scope of work highlights the ways that
FortNet will improve the community and the City's access to information and
services.
The $10,000 on -going funding will be used for:
temporary administrative support to run FortNet and
- a permanent liaison resource for 8 - 16 hours/week for meetings,
' research and to serve as a focal point for City -FortNet
communications and information management.
BACKGROUND:
The public access policy recognized the community's desire to share information
and information infrastructure more effectively. The policy aims to focus the
City's resources on creating, evolving, and maintaining useable and sustainable
electronic assets.
In the agenda item summary for the public access policy, FortNet was listed as
one of the ways that the City has adjusted service provision and collaborated
with the community to increase access to City services and information. Other
ways include:
1. CityLine, which provides recorded information to callers around the
clock. CityLine information is being expanded to include community -
wide information recommended by the Senior Resources Board.
2. The public library's computer system, which now supports dial -in
access to the library catalog. Several grants have funded access to
library databases throughout Colorado and to the Internet. Staff is
working on implementing these new capabilities.
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January 4, 1994
3. Staff is in the final stages of a collaborative effort with PR1 --
the City's first niche library, the Barton Early Childhood Niche
Library.
4. Community Planning and Environmental Services continues its
collaboration with the County for geographic resource sharing and
its pilot geographic information system.
Additional provisions of the service agreement contract address several of the
points in the public access policy, including accessibility, availability, cost
benefit and sustainability:
1. The Service Provider, "FortNet" sha11 complete a pilot evaluation
study for FortNet and provide the study to the City on or before
December 31, 1994. This pilot study evaluation will:
a. Assess the degree to which FortNet has met the following
stated goals:
1. Information resources: Provide a consolidated
comprehensive community information resource.
2. Technology: Use technologies that are flexible,
powerful, expandable and adaptive. '
3. Human considerations: Make the network responsive,
interactive, and easy to use.
4. Accessibility: Make the network accessible to all
citizens.
5. Education and Support: Provide on -going awareness,
marketing, training, and technical support for all
citizens.
6. Governance: Develop for the non-profit corporation a
governance structure that is representative of the Fort
Collins area community.
b. Assess FortNet's methods for providing community access,
through the pilot, to the following:
1. Current community events and activities.
2. Cultural/entertainment events and activities.
3. Government information and services, including the City
Council agenda.
4 Community education and information resources.
5. User questions and opinions.
6. Other information or services.
C. Assess the viability, projected cost/benefit and issues
related to the implementation of a more permanent full-scale
community network. '
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January 4, 1994
2.
The Service Provider shall prepare monthly reports that include the
following information:
a. services provided and activity summary for the preceding
month;
b. goals and objectives for the following month;
C. uses made of City resources and anticipated uses for the
following month;
d. analysis of project status; and
e. issues of concern to the community and the City.
Monthly reports shall be submitted in writing to the City or its
representative by the 15th of each month.
3.
The Service Provider shall use its best efforts to determine, in
cooperation with the City, measures (metrics) for the FortNet pilot
system. For example, a possible measure is the number of )ogons per
week per person or the most frequently used services. Once
determined, these measures will be included in the monthly reports.
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4.
The Service Provider shall provide marketing and promotional
services for the FortNet system.
5.
The Service Provider shall provide training to the City and the
public in the use of the FortNet system.
6.
The Service Provider shall provide technical support to users and
information providers for the use and operation of the FortNet
system."
Applications System Coordinator Alix Gotthard responded to Council questions and
gave a brief explanation of the origin of FortNet. She clarified FortNet was an
incorporated nonprofit organization.
Councilmember Kneeland made a motion, seconded by Councilmember McCluskey, to
adopt Resolution 94-1. Yeas: Councilmembers Azari, Horak, Janett, Kneeland,
McCluskey and Winokur. Nays: None.
THE MOTION CARRIED.
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January 4, 1994
Resolution 94-2
Authorizing the Mayor to Enter
into a Contract with the State
of Colorado for the Receipt of
Intermodal Surface Transportation & Efficiency
Act ("ISTEA") Funds for the Operation
of Carpool and Vanpool Programs, Adopted
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
This action authorizes the Mayor to enter into a contract with the State of
Colorado for receipt of ISTEA funds in the amount of $195,000. These funds are
anticipated and budgeted revenues for calendar year 1994. Funding is 100Y
federal and requires no local/City match.
EXECUTIVE SUMMARY
This action authorizes the Mayor to enter into a contract with the State of
Colorado for receipt of Intermodal Surface Transportation & Efficiency Act
(ISTEA) funds for the operation of Commuter Pool. This funding is administered
by the Colorado Department of Transportation. This action is primarily a I
housekeeping item which will ensure the flow of ISTEA funds through the State of
Colorado to the City for the purpose of operating carpooling and vanpooling
programs.
BACKGROUND:
The City of Fort Collins has operated Commuter Pool since late 1987. Commuter
Pool is a ridesharing/carpool matching program operated to benefit the residents
of Fort Collins and northern Colorado. This year Commuter Pool has extended its
service area to include the Loveland and Greeley communities. New staff has been
added specifically to serve these two cities and surrounding counties.
A new vanpool program will also be initiated in 1994. Vanpooling will be
available to both individuals and businesses throughout the region. An
operational plan for vanpooling is nearcompletion and the programwill enter its
start-up stage in January. The program is expected to meet existing demand as
soon as the initial vans are received.
With 86Y of the city's carbon monoxide pollution attributed to automobiles,
Commuter Pool programs will continue to positively affect air quality and traffic
congestion."
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January 4, 1994
John Daggett clarified the project had been approved and recommended by the MPO.
He spoke of the vanpool program and marketing strategy and stated the project had
been approved by the previous Council in the 1993 budget.
Councilmember Janett requested a memo providing additional information regarding
the program.
Councilmember Horak made a motion, seconded by Councilmember Janett, to adopt
Resolution 94-2. Yeas: Councilmembers Azari, Horak, Janett, Kneeland, McCluskey
and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 94-5
Finding Substantial Compliance and
Initiating Annexation Proceedings
For the Fox Hills Annexation, Adopted
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
The applicant, Cityscape Urban Design, Inc, on behalf of the property owner,
Springfield Subdivision Sixth Filing, Joint Venture, has submitted a written
petition requesting annexation of approximately 33.17 acres located west of Taft
Hill Road and south of County Road 38E.
The proposed Resolution makes a finding that the petition substantially complies
with the Municipal Annexation Act, determines that a hearing should be
established regarding the annexation, and directs that notice be given of the
hearing. The hearing will be held at the time of first reading of the annexation
and zoning ordinances. Not less than 30 days of prior notice is required by
Colorado law.
The property is located within the Fort Collins Urban Growth Area. According to
policies and agreements between the City of Fort Collins and Larimer County
contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FbRT COLLINS URBAN GROWTH
AREA, the City will consider the annexation property in the UGA when the property
is eligible for annexation according to state law. The property gains the
required 116 contiguity to existing city limits from a common boundary with the
Taft Canyon Second Annexation to the east.
The annexation petition provides that second reading on the annexation ordinance
will not be scheduled until after the Planning and Zoning Board has reviewed the
preliminary PUD for the property (see the third paragraph from the bottom on the
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January 4, 1994 '
first page of petition). Because the Council has said that this procedure is
unacceptable, and the policy has been changed administratively, the petitioner
has been advised that the condition to delay second reading is not acceptable.
Nonetheless, unless the petitioner decides to withdraw the annexation petition,
state law provides that Council should review the petition and determine whether
it is in substantial compliance with the statutory requirements. If so, the
resolution should be approved by the Council. The decision as to whether to
actually annex the property would then be made at the hearing on the annexation
ordinance. At that time, Council would determine whether or not the proposed
annexation would be in the best interests of the City.
Planning and Zoning Board Recommendation:
The Planning and Zoning Board will conduct a public hearing on the request for
annexation and zoning at its regular monthly meeting on January 25, 1994, and
will make its recommendation at that time. The Board's recommendation will be
forwarded to the City Council in time for the public hearing and first readings
of the annexation and zoning ordinances scheduled for February 15, 1994."
Chief Planner Ken Waido gave a brief.explanation of this item.
Councilmember Janett supported the Resolution and asked if the property wasn't ,
annexed, what options would be available to the County regarding development
decisions.
Waido noted if the City did not consider the annexation, the applicant could
request that the County review the development proposal.
Councilmember Horak made a motion, seconded by Councilmember Kneeland, to adopt
Resolution 94-5.
Councilmember Janett asked if review from the Planning and Zoning Board were to
occur after the annexation, and if the Planning and Zoning Board recommended a
denial or a change, would the landowner have the option of petitioning out and
deannexing.
City Attorney Steve Roy stated he would need to review that portion of the
statutes and stated he would advise Council as to his findings prior to First
Reading of the annexation ordinance, if the resolution is adopted.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None.
THE MOTION CARRIED.
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January 4, 1994
Other Business
Councilmember Horak made a motion, seconded by Councilmember Winokur, to adopt
Resolution 94-6 Appointing a Councilmember to the County Road 32 Corridor Working
Group, inserting the name of Gina Janett. Yeas: Councilmembers Azari, Horak,
Janett, Kneeland, McCluskey and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Kneeland, as liaison to Poudre R-1, spoke 'of an upcoming joint
worksession with Poudre R-1. She stated the City of Loveland and Poudre R-1 have
been discussing county -wide impact fee initiatives and requested the City's
participation in those discussions. She requested additional information
regarding the niche library at Barton School. She spoke of cooperative efforts
between Parks and Recreation and the School District, and stated joint-uge of
school facilities would also be discussed.
Councilmember Horak stated more information is needed from the School District
regarding impact fees and what the District wants from the City.
Councilmember Kneeland suggested a community discussion be scheduled to review
and,discuss the City's comprehensive plan. She recommended establishing a long
range community planning process and suggested the Growth Management Committee
' review it.
Councilmember Janett, as a member of the Growth Management Committee, stated she
contacted the Chamber of Commerce to schedule an information sharing meeting with
its Growth Management Committee. She spoke of annexation policies and requested
a two page memo on how to clarify comprehensive plan policies and implementation
of the policies.
Councilmember Janett expressed concerns regarding the committee reviewing the
City's organizational structure and stated the name of the committee detracts
from its original objectives.
City Manager Steve Burkett stated he would provide Council with a recommendation
on March 1 regarding organizational structure.
Councilmember Winokur stated due to personal, health and job related reasons he
would be officially resigning from Council and the Platte River Power Authority
Board of Directors effective upon adjournment of this meeting.
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The meeting adjourned at 7:40 p.m.
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January 4, 1994 '
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