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HomeMy WebLinkAboutMINUTES-09/07/1993-RegularSeptember 7, 1993 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 September 7, 1993, 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: Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None. Staff Members Present: Jones, Krajicek, Roy. Citizen Participation Gary Peterson, 1805 Crestmore Place, expressed concerns regarding the DARE program. He suggested Council examine the facts contained in the national studies before funding the program. Barbara Allison, 1212 Lynnwood Drive, urged Council to pursue mandatory licensing for bicyclists and emphasized the need for stronger enforcement of traffic laws for bicyclists. Citizen Participation Follow-up Councilmember Apt requested a copy of the report referenced by Mr. Peterson regarding DARE statistics. Councilmember Horak stated he hoped staff would conduct a serious analysis of the DARE program, and obtain input on the program from Poudre R-1. Councilmember Apt requested input from Poudre R-1 and suggested examining alternative programs similar to DARE for early child intervention. Mayor Azari requested information regarding bicycle licensing. Agenda Review Deputy City Manager Diane Jones stated there were no changes to the agenda as published. Councilmember Janett requested that Item #11, First Reading of Ordinance No. 100 1993, Appropriating Prior Year Reserves in the Recreation Fund, be pulled from the Consent Calendar. 231 September 7, 1993 1 Councilmember Apt requested that Item #17, Resolution 93-129 Endorsing the Passage of the Fa11 River Visitor Center Act of 1993 (HR2577), be pulled from the Consent Calendar. 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 Consent Calendar will be considered separately under Agenda Item #21, Pulled Consent Items. 7. Items Relatinq to the Ricketts First Annexation and Zonin A. Second Reading of Ordinance No. 95, 1993, Annexing Approximately 2.763 Acres, Known as the Ricketts First Annexation. B. Second Reading of Ordinance No. 96, 1993, Zoning Approximately 2.763 Acres, Known as the Ricketts First Annexation. On August 17, Council unanimously adopted Resolution 93-117 Setting Forth ' Findings of Fact and Determinations Regarding the Ricketts First Annexation. On August 17, Council also unanimously adopted Ordinance No. 95, 1993 and Ordinance No. 96, 1993 on First Reading which annex and zone approximately 2.763 acres, located on the south side of East Harmony Road, approximately one half mile east of Timberline Road (County Road 11), at Cambridge Avenue. The property is currently vacant. The proposed zoning is EP, Employment Park. This is a 100% voluntary annexation. The proposed annexation and zoning is in conformance with the City's policies and guidelines and meets the criteria included in State law to qualify for annexation. APPLICANT: Van and Norma Ricketts 4700 Cambridge Ave. Fort Collins, CO 80525 OWNERS: Same 9. Items Relating to the Ricketts Second Annexation and Zoning. A. Second Reading of Ordinance No. 97, 1993, Annexing Approximately 2.065 Acres, Known as the Ricketts Second Annexation. ' 232 September 7, 1993 Second Reading of Ordinance No. 98, 1993, Zoning Approximately 2.065 Acres, Known as the Ricketts Second Annexation. On August 17, Council unanimously adopted Resolution 93-118 Setting Forth Findings of Fact and Determinations Regarding the Ricketts Second Annexation. On August 17, Council also unanimously adopted Ordinance No. 97, 1993 and Ordinance No. 98, 1993 on First Reading which annex and zone approximately 2.065 acres, located on the south side of East Harmony Road, approximately one half mile east of Timberline Road (County Road 11), at Cambridge Avenue. The property is currently vacant. The proposed zoning is EP, Employment Park. This is a 100% voluntary annexation. The proposed annexation and zoning is in conformance with the City's policies and guidelines and meets the criteria included in State law to qualify for annexation. APPLICANT: Van and Norma Ricketts 4700 Cambridge Ave. Fort Collins, CO 80525 OWNERS: Same ' 10. Second Reading of Ordinance No. 99 1993 Appropriating $50 000 Into the Transit Services Fund for the Purpose of Providing Paratransit Services to Disabled and Elderly Citizens of the Fort Collins Urban Growth Area for the Remainder of 1993. II. Care -A -Van, Inc., provides transportation services to disabled and elderly persons, including the operation of the SAINT Program. This service compliments the City Transfort system. Recently, Care -A -Van informed the City that in order to provide paratransit services in accordance with projections and in a manner meeting the conditions of the Americans With Disabilities Act for the remainder of 1993, will provide an additional $68,622. In turn, the City will receive paratransit services for elderly and disabled citizens throughout the urban growth area, Monday through Saturday from 6:30 a.m. to 6:30 p.m. This service level brings the City into compliance with the ADA. Ordinance No. 99, 1993 was unanimously adopted on First Reading on August 17, 1993. The Recreation Fee Policy, adopted by City Council in 1990, provides for the establishment of reserves with excess fund balance. A portion of the excess fund balance maintains an operating reserve, and the remainder 233 IN 13 14. September 7, 1993 supports equipment, program and capital needs, and special revenue from fund-raising and donations. This request is to fund improvements in two areas: 1) equipment, repair, and capital needs at the Edora Pool Ice Center as a result of needed remodeling and renovation; and 2) remodeling at the Park Shop and the Grandview Cemetery Office to accommodate existing recreation sports staff offices at the Park Shop. First Reading of Ordinance No. 101, 1993, Vacating a Grant of Right -of -Way Recorded in Larimer County Records June 26, 1915, in Book 334, Page 291. City Council approved the sale of .34 acres of land to Diana Short, Alexander McEwan and David Kent on August 3, 1993. This site was sold because the Water Utility Department had abandoned the water transmission line and standpipe in 1990. In order to give clear title, staff is requesting that this Grant of Right of Way be vacated. After the Water Utility Department abandoned this water line and standpipe, all public and private utilities and other .City departments were notified and there was no interest or need expressed in the site. First Reading of Ordinance No. 104, 1993, Amending the City's Cash Management and Investment Policy. On August 17, 1993, Council adopted Ordinance 90, 1993, amending Ordinance 108, 1988, (Investment and Deposit of Public Funds for the City of Fort Collins). These ordinances define the kinds of securities in which City funds may be invested. Ordinance No. 104, 1993, will incorporate these additional kinds of securities into the Cash Management and Investment Policy of the City. The Cash and Investment Management Policy was originally adopted by Council in April 1990. The policies state that they shall be reviewed periodically and may be amended by City Council as conditions warrant. The changes proposed in the Ordinance reflect changes in the investment industry and are intended to improve clarity in some areas. The investment policies of the City are relied upon by several users (auditors, broker -dealers, banks), so addressing technical issues and giving clarity are important. The property being considered for annexation is approximately 31.12 acres in size and is located one mile south of Harmony Road, approximately one quarter mile west of South Shields Street, and east of Taft Hill Road. The property is under single ownership and is located within the Fort 234 1 1 15. 16. 17. September 7, 1993 Collins Urban Growth Area. The property is currently vacant and zoned FA- 1, Farming, in the County. The proposed zoning for this annexation is R- L-P, Low Density Planned Residential with a Planned Unit Development (PUD) condition. The applicant, Catherine P. Kirschner, on behalf of the property owners, Kirschner Family Partnership, has submitted a written petition requesting annexation of approximately 72.6 acres located at the southeast corner of East Vine Drive and I-25. The property is undeveloped. 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 thirty (30) days of prior notice is required by Colorado Law. The Charter requires that the Council set a date for the public hearing on the proposed 1994 City budget. The Resolution sets the hearing date for the Council meeting of September 21, and, in an effort to receive further public input, an additional hearing date for the October 5 Council meeting. Rocky Mountain National Park welcomes over 3,000,000 visitors each year. Approximately 1,000,000 of those visitors enter the Park through the Fall River entrance. Currently, there is no visitor center at this location. The Park Service has estimated that it would cost $1,500,000 to construct this Visitors Center, as well as require ongoing funding of $100,000 for maintenance and operation costs. A private sector corporation has approached the Park Service with an offer to build the Visitors Center, as well as provide $30,000 towards operation and maintenance costs. In summary, this offer would supply a free Visitors Center to the Park Service and provide for one-third of the ongoing costs. For this public/private partnership to occur, an exemption must be granted by the Congress of the United States, which would allow the National Parks Service to operate a Center outside the Park boundaries. Such a bill has been introduced by Representative Wayne Allard. Adoption of this 431 RA September 7, 1993 t resolution will show Council support towards such a partnership and will recommend to the Congress that this exemption be granted. The Council Legislative Review Committee recommends that Councilmember Chris Kneeland be appointed to represent the City of Fort Collins on the Colorado Municipal League Policy Committee. Appointments to the CML Policy Committee are made each fall and members serve for a one-year period. Each member municipality of the League is entitled to a representative, and all cities over 100,000 are entitled to designate two representatives. 19. Resolution 93-131 Making Appointments to the Storm Drainage Board. Vacancies currently exist on the Storm Drainage Board due to the resignation of Mike Vermeulen and the expiration of Randy Fischer's term. Councilmembers Horak and Winokur are recommending John Barnett be appointed to fill the vacancy caused by Mike Vermeulen's resignation, with a term to expire July 1, 1997. In addition, the interview team is I recommending Randy Fischer be reappointed for another term to expire July 1, 1997. 20. Routine Deeds and Easements. a. Powerline Easement from Michael and Beverly Campbell, 101 Palmer, needed to install secondary electric vault to underground existing overhead electric services. Monetary consideration: $10. b. Powerline Easement from Lois E. Thayer, 820 Colorado, needed to install vault to underground existing overhead electric services. Monetary consideration: $10. C. Deed of Dedication from B.K. Maxwell Co., Inc. for drainage over a ten foot wide portion of land adjacent to Lot 12, Creekside at the Landings. Monetary consideration: $10. d. Deed of Dedication from B.K. Maxwell Co., Inc. for public access (turn around easement) over a portion of land located in the Landings PUD 4th Filing. Monetary consideration: $10. e. Easement Dedication from Tri-Trend, Inc. for temporary drainage over a ten foot wide portion of land located in Silver Oaks PUD 1st Filing. 236 September 7, 1993 f. Easement Dedication from Tri-Trend, Inc. for utility purposes over an eight foot wide portion of land adjacent to the north right-of- way of Bronson Street. g. Deed of Easement from Joe M. Padia for access purposes over a portion of land adjacent to Hickory Street. h. Easement Dedication from d. Jensen Enterprises for drainage purposes over a portion of land between Burns Ranch at Quail Ridge 2nd Filing, and Overland Trail. Monetary consideration: $10. i. Easement Dedication from Sundance Hills F.C., Ltd. for drainage purposes over a twenty foot wide portion of land adjacent to Sundance Hills 2nd Filing. j. Easement Dedication from First Interstate Bank of Fort Collins for temporary retention pond purposes over a portion of tract "P" Greenbriar PUD. k. Easement Dedication from Rudy H. Knievel for drainage purposes over a twenty foot wide portion of land adjacent and south of the previous easement. ' 1. Easement purposes Dedication from J. Thomas Chandler for public access over a portion of land adjacent to and south of Caribou Way. M. Easement Dedication from Jay D. Stoner for irrigation detention pond purposes over a portion of land adjacent to and West of the UPRR right-of-way and in Greenstone Phase 3 PUD. Items on Second Reading were read by title by City Clerk Wanda Krajicek. 8. Items Relating to the Ricketts First Annexation and Zoning. A. Second Reading of Ordinance No. 95, 1993, Annexing Approximately 2.763 Acres, Known as the Ricketts First Annexation. B. Second Reading of Ordinance No. 96, 1993, Zoning Approximately 2.763 Acres, Known as the Ricketts First Annexation. 9. Items Relating to the Ricketts Second Annexation and Zoning. A. Second Reading of Ordinance No. 97, 1993, Annexing Approximately 2.065 Acres, Known as the Ricketts Second Annexation. B. Second Reading of Ordinance No. 98, 1993, Zoning Approximately 2.065 ' Acres, Known as the Ricketts Second Annexation. 237 September 7, 1993 ' 10. Items on First Reading were read by title by City Clerk Wanda Krajicek. 11. First Reading of Ordinance No. 100, 1993, Appropriating Prior Year Reserves in the Recreation Fund. 12. 13. 24. 28. Councilmember Kneeland made a motion, seconded by Councilmember McCluskey, to I adopt and approve all items not removed from the Consent Calendar. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No: 100, 1993, Appropriating Prior Year Reserves in the Recreation Fund, Adopted. The following is staff's memorandum on this item. "FINANCIAL IMPACT This Ordinance requests appropriations totalling $76,730 from the Recreation Fund Reserve Designated for Equipment and Capital Needs. Recreation Fund prior year reserves at the end of 1992 totalled $515,308, including $296,438 in the reserve designated for Equipment and Capital Needs. Approval of this Ordinance would lower the reserve designated for Equipment and Capital Needs to $219,728 and total Recreation Fund reserves to $438,578. M F September 7, 1993 EXECUTIVE SUMMARY The Recreation Fee Policy, adopted by City Council in 1990, provides for the establishment of reserves with excess fund balance. A portion of the excess fund balance maintains an operating reserve, and the remainder supports equipment, program and capital needs, and special revenue from fund-raising and donations. This request is to fund improvements in two areas: 1) equipment, repair, and capital needs at the Edora Pool Ice Center as a result of needed remodeling and renovation; and 2) remodeling at the Park Shop and the Grandview Cemetery Office to accommodate existing recreation sports staff offices at the Park Shop. 1. Edora Pool Ice Center The Facilities Division received $235,775 in the 1992 budget and $174,800 in 1993 to repair mechanical and structural systems problems at EPIC, as part of the facility's major maintenance program. This work included rebuilding the ice arena chillers, upgrading the ventilation systems, replacing rusted doors and frames, resurfacing the parking lot, replacing the ceilings and light fixtures in the locker rooms, repainting the ice arena and pool areas, replacing carpet and rubber flooring in various areas of the building, and rebuilding the pool filtration and sanitation systems. A good portion of this work required facility closure. As a result, not all of the money earmarked for 1992 was spent immediately, but was carried over and added to the 1993 appropriation to be spent when scheduled closures could be arranged. Separate month -long closures were scheduled in 1993 for the natatorium and ice arena at EPIC to complete work that couldn't be done while the facility was open. The ice arena was closed from mid -May until June 14 and the pool from August 22 for five weeks. Prior to the closures, Recreation and Facilities Division staff identified and prioritized other needed but unfunded work that could be done during the shut -downs. The phone system and new counter will dramatically improve customer service and staff efficiency. The other items are facility improvements unfunded through the Facilities Division. Following is the list of improvements that will be funded from recreation reserves. Staff felt strongly that these items should be done while the facility was closed. Some of this work is currently under contract, and other work was completed in July. Even though this request is, in effect, after -the -fact, the Recreation staff has rated this expenditure as a high priority for use of recreation reserves for capital improvements. 239 September 7, 1993 A. f 9,700 Realign the dasher boards in the ice arena during spring 1993 shutdown. The dasher board system was dismantled, realigned, and reassembled with new plywood and kick plate. B. $13,700 Replace the front reception/registration counter. A new reception counter was designed to expand the registration capacity and provide more efficient service to drop -in customers. C. $19,950 Replace the phone system. Phone parts were no longer available for the existing system. The new system incorporates voice mail, which frees up time for the cashiers to better serve the facility users. D. $ 7,300 Electro-plate and refurbish the lockers in both locker rooms. This process was done during the pool closure in August. E. $ 3,600 Install a carbon dioxide unit on the main pool chlorination system. This eliminates the need for using caustic soda to control pH levels, and is recommended by the Fire Authority to improve safety. 1. Park Shop/ Cemetery Office $22,480 The Recreation Division implemented a staff and program ' reorganization in April, 1993. At the present time, two of the sports programming staff members are housed at the Park Shop in City Park and two others have offices in different locations. To house all four together at the Park Shop requires remodeling, phone changes, and moving two cemetery staff from the Park Shop to the office at Grandview Cemetery." Councilmember Janett asked how the, timing of the improvements and the appropriations were determined. She questioned which items would not be completed if the appropriation were not made. Recreation Manager Jean Helburg stated the majority of the work to be performed at the EPIC Center is program related and customer service enhancement related. She stated if the work is not completed this year, and the budget is exceeded, an appropriation from reserves would be requested at the end of the year. She clarified the funds in the reserve fund are to be used for capital enhancements and improvements in facilities. Councilmember Kneeland made a motion, seconded by Councilmember McCluskey, to adopt Ordinance No. 100, 1993 on First Reading. 240 ' I September 7, 1993 The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None. THE MOTION CARRIED. Resolution 93-129 Endorsing the Passage of the Fall River Visitor Center Act of 1993 (HR2577). Adopted. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY Rocky Mountain National Park welcomes over 3,000,000 visitors each 'year. Approximately 1,000,000 of those visitors enter the Park through the Fall River entrance. Currently, there is no visitor center.at this location. The Park Service has estimated that it would cost $1,500,000 to construct this Visitors Center, as well as require ongoing funding of $100,000 for maintenance and operation costs. A private sector corporation has approached the Park Service with an offer to build the Visitors Center, as well as provide $30,000 ' towards operation and maintenance costs. In summary, this offer would supply a free Visitors Center to the Park Service and provide for one-third of the ongoing costs. For this public/private partnership to occur, an exemption must be granted by the Congress of the United States, which would a11ow the National Parks Service to operate a Center outside the Park boundaries. Such a bill has been introduced by Representative Wayne Allard. Adoption of this resolution will show Council support towards such a partnership and will recommend to the Congress that this exemption be granted." Councilmember McCluskey made a motion, seconded by Councilmember Janett, to adopt Resolution 93-129. Councilmember Apt spoke of concerns raised by County Commissioners and asked if staff had received feedback from the County regarding its views of the project. Director of Cultural, Library and Recreational Services Mike Powers stated staff has not received feedback from the County regarding its opinion of the project. He noted the County is in the process of gathering opinions. Councilmember Apt supported the motion but stated he would have preferred to have more information before voting on the item. 1 241 September 7, 1993 ' Mike Bennett, from Representative Wayne Allard's office, spoke of the planning process. He asked Council to send a letter of support to the Chairperson of the House Committee. The vote on Councilmember McCluskey's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Reports Councilmember Kneeland reported on a recent Corridor Working Group Committee meeting. She stated she expects good ideas and proactive planning from the Committee. Councilmember Horak reported the Transportation working groups from Larimer County, Loveland and Fort Collins recently met and discussed the Fort Collins/Loveland Airport. He stated County Commissioner Disney suggested forming an Urban Growth Area Agreement for the area surrounding the airport. Councilmember Horak spoke of a, recent meeting with the North Front Range Transportation Air Quality Council (NFRTAQ). He noted Council had given him the ' authority to vote yes on the contingency plan, however new information was presented at the meeting clarifying the enhanced inspection maintenance plan was not mandatory. He reported the NFRTAQ Council recommended the plan return to the jurisdiction of Larimer County to confirm that all information has been received and affected parties have an opportunity to address their Council's to investigate the possibility of another recommendation. Councilmember Janett spoke of the importance of determining an appropriate buffer zone regarding noise pollution from the Airport. She reported airport standards are not stringent on how close a development could be to the airport. Mayor Azari reported she and the City Manager met with the Loveland Mayor and City Manager and Airport Manager to discuss items from the Transportation Committee. She reported on an outreach meeting she and Mayor Pro Tem Horak held at Creekside Park. Mayor Azari stated she has contacted the Executive Team and requested that she be allowed to spend time E-Team members in their respective departments. She noted she has completed visits with the Community Planning and Environmental Services area and reported she was invited to ride with a Building Inspector. 242 September 7, 1993 Councilmember Horak noted an outreach program was held with the residents in the City Park area and spoke of the need to look into integrated solutions regarding cruising, traffic and noise. Ordinance No. 102, 1993 Authorizing the Sale to Colorado Land Source, Ltd. of Real Property Described as Tract A of the Fairbrooke Special Improvement District. Adopted as Amended. The following is staff's memorandum on this item. EXECUTIVE SUMMARY Under Chapter 22 of the Code, the City is authorized to sell property at the annual tax sale conducted by the Larimer County Treasurer if special assessments levied against the property have not been paid. The property was sold at the 1988 tax sale and a tax certificate of purchase was issued to the City as there were no interested private investors. The property was conveyed to the City through a treasurer's deed. Last May, the City Council adopted Resolution 92-91 establishing policies for the sale of such property. The City offered this property for sale in April and the only bid received was less than appraised value and was rejected. This offer of $300,000 for 18.6 acres (or $16,129/ac) is the appraised value of the land. BACKGROUND: Fairbrooke SID #79 was created in 1983 to provide infrastructure improvement for a 100 acre single-family residential development. Sale of homes did not occur as anticipated and the developer was not able to make timely payment of assessments on Tracts A, D, G & H. Tax certificates were issued on those parcels and the City obtained deeds in 1992. The Council approved the sale of the three portions of Tract D which lie directly east of Tract A. Tract D was appraised at $18,361/acre. Two acres and the historic Brown Farm House were sold to Bradley D. Pace for $20,025/acre. Mr. Pace has begun restoration of the house which was given iocal landmark designation by the Council. Approximately five acres were sold to Linder Real Estate and Development Co. at $18,361/acre for single-family residential development. The remaining portion was purchased by Poudre School District R-1 for $25,141/acre. Offer from Colorado Land Source, Ltd. Colorado Land Source, Ltd. intends to develop Tract.A as single-family detached residential homes with a density of not less than four (4) units per acre. The ' offering price of $300,000 is the appraised value of the land. Closing wi1.1 take 243 September 7, 1993 ' place as soon as the City can convey marketable title which is estimated to be June of 1994. This depends on completion of the quiet title action and satisfaction of other title requirements. The following is an itemization of the remaining assessment lien and City costs on Tract A: Assessment Lien: Tract A Principal $296,284 Interest (to 611194) 185,123 Total $481,407 Costs: General Taxes 35,582 Title Policy and other 1,825 Total $ 37,407 Total All Costs: $518,814 ' In order to evaluate the offer, it is important to know what the sales price will provide the City in terms of debt payment. The following chart illustrates the per acre sales price needed to pay all costs or principal and interest only versus the appraised per acre value of the land. Price per Acre To recover all costs: $ 27,893 To recover P & I: 25,882- Per appraisal: 16,129 Current offer: $ 16,129 Contingencies The final sale has three contingencies: 1) the City's completion of the quiet title action and ability to convey marketable title to the buyer; 2) the approval by City Council of the agreement for sale; and 3) preliminary approval by the Planning and Zoning Board of a proposed development plan for single-family, detached residential homes with a density of not less than four (4) units per acre.` 244 I September 7, 1993 The City is also required to pay a real estate commission of $15,000 at the time of closing. This puts the net payment to the City at 315,322/ac. Staff recommends that Council approve the sale to Colorado Land Source, Ltd. upon the terms offered." Financial Policy Analyst Susanne Edminster gave a presentation on the item and responded to Council questions. Councilmember Kneeland made a motion, seconded by Councilmember McCluskey, to adopt Ordinance No. 102, 1993 on First Reading. Edminster clarified that no other offers have been received and stated the properties have not been listed with a broker. Bruce Lockhart, 2500 E. Harmony Road, questioned the risk to bondholders and stated taxpayers are the ones who take the loss. David Lipp, 626 Remington Street, questioned the $15,000 fee to be paid by the City. Edminster clarified the $15,000 fee is paid to the broker for bringing the buyer to the City. Councilmember McCluskey supported the motion and noted the price comes close to the appraised value therefore the offer should be accepted. Councilmember Winokur stated he was not comfortable approving a sale and possible development on a piece of property in which the City has a financial interest. Councilmember Horak opposed the sale stating it places the Planning and Zoning Board in a position of making financial decisions. Councilmember Winokur asked if the contingency based on PUD approval could be taken out of the ordinance as a counter offer. City Attorney Steve Roy stated Council could adopt the ordinance without the PUD approval. He noted it was up to the purchaser to decided whether to pursue the purchase of the property. Councilmember Janett asked if Councilmember Horak would support a motion to remove the PUD contingency. Councilmember Winokur offered an amendment to his previous motion to direct the City Attorney to draft language in the ordinance removing the PUD contingency. PE,V September 7, 1993 ' Councilmember Horak, as seconder of the motion, accepted the amendment as a friendly amendment to the previous motion. He clarified the agreement which is attached to the ordinance would be amended. Councilmember Janett supported the motion, indicating she would like to see historical real estate market trend data regarding the rate of appreciation versus waiting a year. She spoke of the time limitations in the contract imposed on the City. Bruce Lockhart, 2500 E. Harmony Road, questioned what would happen if the buyer did not approve the revised agreement. The vote on Councilmember Winokur's motion as amended was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett and Winokur. Nays: Councilmembers Kneeland and McCloskey. THE MOTION CARRIED. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland and Winokur. Nays: Councilmember McCluskey. THE MOTION CARRIED. ' Resolution 93-132 Authorizing the Purchasing Agent to Enter Into a Professional Services Agreement With Bondi & Co., Certified Public Accountants, for Auditing Services for 1993, With Annually Renewable_ Terms for 1993 Through 1997, Adopted. The following is staff's memorandum on this item. "FINANCIAL IMPACT The proposal from the auditors calls for fees not to exceed $40,020 for 1993, $42,000 for 1994, $44,000 for 1995, $46,200 for 1996, and $48,500 for 1997. In 1984, the City paid approximately $49,000 for the annual audit. In 1993, the City will pay $40,700--17Y less than in 1984. Since 1984, the City's budget has grown from $90 million to $160 million --an increase of 78Y. Along with this increase is a corresponding increase in complexity and volume of transactions. The fees proposed for the 1993 to 1997 audits appear to be very reasonable from a cost perspective in relation to prior years and the amount of service being rendered. 246 1 September 7, 1993 EXECUTIVE SUMMARY iequirements for an Audit Article II, Section 17 of the Charter requires the Council to have an annual audit of the financial transactions of the City. The Colorado local government audit law requires the City to have an audit and submit it to the state auditor. In addition, a local government that receives over $100,000 of federal financial assistance (as is the case for the City) must have an audit performed in accordance with the Single Audit Act of 1984. The City will meet these requirements when a licensed firm of certified public accountants "signs off" on the City's audit and issues the proper reports. The auditor selection process was designed to ensure that the selected firm exceeds the minimum requirements with knowledge and experience in auditing similar entities. After completion of the audit, the auditor submits an opinion on the City's financial statements. The opinion and the financial statements are presented in the Comprehensive Annual Financial Report (CAFR). The report is completed by May 31 and made available for public distribution after it is printed in June. The audit performed in accordance with the Single Audit Act of 1984 is completed after the CAFR. Upon completion, the report is sent to the appropriate federal and state agencies and is made available for public inspection. As part of the audits discussed above, a report ("management letter") is issued to Council which provides an analysis of various matters considered during the audit. It is the intent of the Finance Committee that the management letter also address relevant financial management information for the Council's consideration as part of a "performance audit". The request for proposals (RFP) was prepared to specifically address the issue of performance auditing so that the Finance Committee and Council will receive meaningful and timely management information in connection with the audit. The Finance Committee has also indicated its desire that the auditors serve as financial advisors to the Council --someone to take an independent and informed look at the City's financial. situation --and advise as to what is being done right and wrong; what are the trends, and what do they mean. Process Letters• soliciting interested CPA firms were sent to all CPA firms in Fort Collins, all "big six" accounting firms in Denver, and various other firms known to perform governmental accounting and auditing work. Nineteen RFPs were sent out; proposals were received from nine firms. A staff committee ranked the firms according to a standardized point system and developed a "short list" of the top three firms. The Finance Committee had the 247 September 7, 1993 ' opportunity to add to the short list. The Finance Committee then conducted interviews with these firms. Based on the interviews, Bondi & Co., was selected by the Finance Committee as the firm best suited to provide the audit services. The proposed resolution authorizes the Purchasing Agent to enter into an agreement for auditing services with Bondi & Co. for 1993, which will be renewable on an annual basis through 1997. The agreement can be terminated if the auditing services are deemed unsatisfactory." Controller Dave Agee spoke of the process for selecting an auditing firm and gave a brief explanation of the contract. He stated the auditors are responsible for reporting and interpreting facts as well as serving as a financial consultant to the City. He clarified the audit contract is renewable on a annual basis. Council member Winokur made a motion, seconded by Council member Kneeland, to adopt Resolution 93-132. Councilmember Apt asked if local accounting firms were considered and if the analysis of the firms is a matter of public record. Agee stated local firms were not considered in the final three selections and clarified the information was a matter of public record. Councilmember Janett thanked the Finance Committee and staff for focusing on the ' issue of performance auditing. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers, Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None. THE MOTION CARRIED. Resolution 93-133 Authorizing the City Manager to Enter Into a Contract with Care -A -Van, Inc., for the Purpose of Providing Paratransit Services to Disabled and Elderly Citizens of the Fort Collins Urban Growth Area for the Period of July 1. 1993 to December 31, 1993, Adopted. The following is staff's memorandum on this item. "FINANCIAL IMPACT This action contracts for $138,872 of service which is $68,622 over original budget. The resources identified to meet this supplemental appropriation come from two sources: 1) The Transfort operating budget - $18,622 and 2) the reserve for ADA compliance. 248 September 7, 1993 EXECUTIVE SUMMARY This action authorizes the City Manager to enter into a contract with Care -A -Van, Inc., for the purpose of providing paratransit services to disabled and elderly citizens of the Fort Collins urban growth area for the period of July 1, 1993 to December 31, 1993. Council is being asked to make this authorization because the City will not be procuring these services through a competitive process and the contract exceeds $50,000. This action is related to Ordinance No. 99, 1993 which was adopted on Second Reading as a part of the Consent Calendar. BACKGROUND: Care -A -Van, Inc. and the City of Fort Collins have had a long standing relationship centering around the provision of transit and paratransit services to the citizens of Fort Collins. This contract extends that relationship to the end of the year. This wi 11 provide the City with paratransit service which meets the conditions of the Americans With Disability Act. The City has annually contracted for paratransit services for seniors and the disabled through Care -A -Van, Inc. over many years. Services include demand response -transportation, as well as operation of the SAINT volunteer transportation program. ' The City will go through a Request for Proposals process in the early fall for the provision of paratransit services for 1994. Staff hopes to complete the RFP process to coincide with the 1994 budget process." Transfort Manager John Daggett gave a brief presentation on this item and responded to Council questions. Councilmember Horak made a motion, seconded by Councilmember Apt, to adopt Resolution 93-133. Councilmember Apt reported he has received complaints from citizens who state they are paying more for Care -A -Van services and receiving less. Jim Reigles, previous community volunteer for the disabled community, spoke of Care-A-Van's poor quality of,service. He stated allocation of funds should be based on merit and that Care -A -Van needs to prove it is worthy of receiving the funds requested. He opposed the motion. Marj Walsh, Executive Director of Care -A -Van, spoke of Care-A-Van's complaint process. She clarified surveys on services are available and stated surveys are conducted on a regular basis. 249 September 7, 1993 ' Councilmember Kneeland spoke in support of the motion and the need for Transfort and Care -A -Van to work together. Councilmember Apt supported the motion and spoke of the need to be more performance based. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None. THE MOTION CARRIED. Resolution 93-134 Stating the City's Commitment to Diversity and Adopting.the City of Fort Collins Diversity Plan. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY The City of Fort Collins is strongly committed to the eradication of prejudice and harmful discrimination against any person because of race, color, gender, age, religion, national origin, ancestry or disabilities. The City also I encourages the celebration and acceptance of differences among its diverse citizenry. The City was one of the four founding organizations of the community wide Cultural Diversity Task Force (CDTF). The CDTF was a group of volunteers who were asked to seek information from the community and develop recommendations to work toward the desired multi -cultural, multi -ethnic, and multi -racial community. We share the Cultural Diversity Task Force's vision that our community should be "A community that fosters, promotes, and enforces an environment of mutual respect for ALL PEOPLE." Based on City Council's review of the Cultural Diversity Task Force Final Report, Section I., Task Force Findings and Recommendations, Council gave direction to staff to review the report and develop a response from the City organization. Over the'past few months, the Executive Lead Team formed a Diversity Task Team and both reviewed the CDTF's recommendations and prepared the attached Diversity Plan. The Diversity Plan is an outline of the goals, strategies and actions the City has identified in order to be responsive to the diversity issues in the community and serve as a leader in helping shape our future. This Diversity Plan will guide_us in the achievement of our commitment in three major areas: September 7, 1993 1. Leadership: As elected officials and public employees, we believe we are charged with providing community leadership by fostering and promoting diversity through our actions and decisions. 2. Service Provider: Through the many services we provide the Fort Collins community, we believe we should provide and deliver services that meet the needs of our diverse community and demonstrate the City's sensitivity to diverse issues. 3. Employer: As a major public employer, we believe our internal work force should reflect the relevant labor market in all job categories. This plan has been provided to the Human Relations Commission, the Commission on the Status of Women and the Personnel Board for their review. All comments which have been received have been reviewed and incorporated if appropriate." Deputy City Manager Diane Jones gave a staff presentation on this item. Director of Administrative Services Pete Dallow spoke of the specifics of the ' Diversity Plan. Councilmember Apt complimented staff for its efforts and spoke of public awareness. Councilmember Kneeland made a motion, seconded by Councilmember Apt, to adopt Resolution 93-134. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak•, Janett, Kneeland, McCluskey and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 103, 1993, Amending Section 2-263 of the City Code Pertaining to the Functions of the Human Relations Commission, Adopted. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY Section 2-263 of the City Code describes the 'functions of the Human Relations Commission (HRC). After reviewing Section 2-263, the HRC decided it would like ' to make changes to the Code in order to more accurately reflect the work of the 251 September 7, 1993 ' HRC and acknowledge some significant changes to the role of the Commission. The HRC met with the City Attorney and together drafted the language presented in this Ordinance. The principal substantive changes proposed by the Ordinance are contained in subsections (1) and (2). The rest of the provisions of Section 2-263 remain substantially unchanged from the present wording in the City Code. The major change in Subsection (1) is found in the'addition of functions relating to the promotion of diversity in the City. (The Code does not presently speak to that function.) The HRC has also defined its functions to include "cooperating with and providing leadership and support for other groups interested in promoting value and respect for diversity and positive intergroup relations." Additionally, the HRC added language to allow review of proposed legislation, policy changes or other governmental action at the federal, state or iocal level, which may affect human rights in the city. Section (2) revisions are proposed in order to establish a "citizen liaison program" to assist citizens who wish to file discrimination complaints under Chapter 13 of the City Code. A similar liaison program already exists for citizens wishing to file complaints concerning the actions of police officers or community service officers." . Employee Development changes, stating the Director Jaime Mares outlined language in the code regarding the reasons the functions for the code of the Human ' Relations Commission should be consistent with the services provided by the Commission. He stated the Commission requested the addition of the term "diversity" be added to the code. He responded to questions and outlined the complaint process. Councilmember Janett made a motion, seconded by Councilmember Apt, to adopt Ordinance No. 103, 1993 on First Reading. Harold Wallace, Chairperson of the Human Relations Commission, spoke of the functions of the Human Relation Commission and stated the Commission wanted to model the liaison program after the Police Citizen Liaison program. He urged Council to adopt the Ordinance on First Reading. The vote on Councilmember Janett's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None. THE MOTION CARRIED. Other Business Councilmember Horak objected to the $30 fee for the upcoming Growth Management seminar. He spoke of scholarships available for attendees. 252 ' September 7, 1993 Councilmember Horak made a motion, seconded by Councilmember Kneeland, to waive the $30 fee for the growth management seminar. Councilmember Horak requested that information regarding the seminar to be readvertised, conveying the information that scholarships are available. Greg Byrne spoke of the costs of the seminar and stated staff was examining several internal sources in an attempt to defray costs. He noted staff was advised'by the Lincoln Institute that a better response is gained when charging a fee, and noted it was not staff's intent to raise money by charging a fee. Deputy City Manager Diane Jones stated staff's goal is to have as many people attend as are interested in the topic, not to deny anyone from attending. A fee waiver or a scholarship would be honored for anyone requesting it. Mayor Azari questioned if the City would pay the $30 fee for staff to attend. Byrne clarified the City would be paying $100 each for staff member attending. Councilmember Horak clarified he wanted to make available scholarships for anyone interested in attending the conference and emphasized the conference should be available free of charge. Councilmember Apt asked if the seminar could be broadcast or video taped for viewing by interested citizens unable to attend. Byrne spoke of efforts to involve the public and the availability of the workshops, and stated staff is exploring the possibility of video taping portions of the seminar to be replayed on Channel 27. Councilmember Kneeland supported the motion and spoke of the need for broad participation. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Apt inquired when the sign code and billboard revisions would be coming before Council. He reported he and Councilmember Janett recently met with County Commissioner Duvall to discuss an Urban Growth Area Agreement. Councilmember Winokur expressed concerns regarding split tickets. He suggested Council consider an Ordinance requiring that a violation be written to one court or jurisdiction. He stated he believed it would not be in conflict with the Health and Safety Committee or staff's intent. 253 .September 7, 1993 1 Councilmember Winokur requested a Resolution be added to the next agenda replacing him as Council liaison to the Larimer County Fair Board, and appointing Councilmember McCluskey. Mayor Azari stated a letter to potential conference attendees regarding the $30 fee should be immediately sent ,out containing additional information regarding scholarships. She requested the Council Liaison to Poudre R-I School District discuss DARE, bussing and impact fees at its upcoming meeting. Adjournment The meeting adjourned at 10:30 p.m. City Clerk 254