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HomeMy WebLinkAboutMINUTES-08/02/1988-RegularAugust 2, 1988 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, August 2, 1988, at 6:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Staff Members Present: Burkett, Krajicek, Roy Citizen Participation A. Proclamation Naming August 10-17 as Larimer County Fair Week was accepted by Bob Holt, Larimer County Fairgrounds Manager, and Ron Rodenberger, President of the Larimer County Fair Board. B. Proclamation Naming August 11-14 as Kiwanis Days was accepted by Buford Plemmons and Jack Gianola, representing the Kiwanis Club. Agenda Review: City Manager City Manager Burkett stated there were no changes to the agenda as published. Councilmember Maxey requested Items #12, Items Pertaining to the 1988 Concrete Improvement Program, be withdrawn from the Consent Agenda. 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 be "pulled" off the Consent Calendar and considered separately. Agenda items pulled:.from the Consent Calendar will be considered separately under Agenda Item 918, Pulled Consent Items. 5. An intergovernmental agreement between the City and Larimer County was approved in August 1987 and resulted in a payment of $306,250 from the -225- August 2, 1988 V 7. County to the City, for all estimated costs of land acquisition, ' design, construction, and start-up of the septage transfer facility. The revised final cost estimate is $332,708. The County has agreed to the revised estimate, and has agreed to provide the additional $26,458 needed to complete the project. User fees, administered by the City, will cover the costs of operations. On July 19, Council adopted Resolution 88-111 Approving an Amendment to the Intergovernmental Agreement. On July 19, Council unanimously adopted this Ordinance on First Reading. This Ordinance, which was unanimously adopted on First Reading on July 19, amends Section 4-139 of the City Code to establish a procedure for dealing with animals which have been impounded because of mistreatment, such as cruelty, improper care or abandonment. The procedure provides an opportunity for the owner or keeper of the animal to have an administrative hearing shortly after the impoundment to determine whether a violation of the Code existed and, if so, whether the animal should be returned to the -owner or keeper due to changed circumstances which indicate that the animal will no longer be mistreated. The owner of Lot 13, Lesser's Subdivision (Houska Garage) has requested that a portion of the right-of-way on Myrtle Street at Riverside Drive be vacated but reserved for utility purposes. The request is being made primarily to improve site conditions so that business -related on -street maneuvering of vehicles is eliminated. This will provide a safer condition by closing one driveway onto Riverside Drive and paving the vacated right-of-way to allow onsite parking and turnaround. Since the curb and gutter are existing, no actual street area will be lost with this vacation. In addition, new sidewalk and landscaping will be installed by the owner enhancing the general appearance of the facility and adding to city improvements. All City agencies and utility companies have been contacted and have no problems with the proposed vacation of right-of-way and reservation for utility purposes. This Ordinance, which was unanimously adopted on First Reading on July 19, vacates the requested right-of-way. -226- L August 2, 1988 ' 8. Second Reading of Ordinance No. 73, 1988, Appropriating Unanticipated Revenue in the Transportation Services Fund. The federal government guidelines for calculating the City's contribution to Transfort have been changed. The new formula permits the use of specific revenues (i.e., CSU contract and advertising revenues) to be used by the City as part of its local matching contribution. This change increases the amount of federal money available to stabilize and improve services and to reduce the City's General Fund contribution. This Ordinance, which was unanimously adopted on First Reading on July 19, appropriates $185,530 in unanticipated revenue. FE 10. The ordinance assessing the Provincetowne/Portner Estates South Special Improvement District #81 was adopted by the Council on January 19, 1988. The final cost of the district as adopted in the ordinance. is $2,281,769.03. This ordinance will amend the portion of that cost which is assessable to the property owners. This reduction represents the use of investment earnings from district bond proceeds to reduce the outstanding debt for the district. This savings is passed to the property owners as proportionately lower assessments. A revised statement of costs has been prepared by the Finance Director and will be accepted by the Council as a part of the ordinance. This ordinance will also amend the date of payment of the first assessment installment to October 1, 1988. As provided in the City Code, property owners will be given a thirty day period in which to pay their assessments in full. This period begins the day after final publication of this ordinance. Those not electing to make such a payment will be billed on October 1, 1988 by the Larimer County Treasurer. All advertisement and notice requirements in the City Code have been met and the revised assessment roll has been available for inspection by the property owners. That revised roll is included in the ordinance as an attachment. The ordinance assessing the Cunningham Corner Special Improvement District #82 was adopted by the Council on November 4, 1986. The final cost of the district as adopted in the ordinance is -227- August 2, 1988 11. $1,494,371.15. This ordinance will amend the portion of that cost ' which is assessable to the property owners. This reduction represents the use of investment earnings from district bond proceeds to reduce the outstanding debt for the district. This savings is passed to the property owners as proportionately lower assessments. A revised statement of costs has been prepared by the Finance Director and will be accepted by the Council as a part of the ordinance. The date of payment of the first assessment installment will remain October 1, 1988. As provided in the City Code, property owners will be given a thirty day period in which to pay their assessments in full. This period begins the day after final publication of this ordinance. Those not electing to make such a payment will be billed on October 1, 1988 by the Larimer County Treasurer. All advertisement and notice requirements in the City Code have been met and the revised assessment roll has been available for inspection by the property owners. That revised roll is included in the ordinance as an attachment. This Ordinance will appropriate $42,385 in unanticipated revenue in the Library Grants Fund for the continuation and expansion of the Library Adult Literacy Program. 12. Items Pertaining to the 1988 Concrete Improvement Program A: Hearing and First Reading of Ordinance No. 103, 1988 Appropriating Unanticipated Revenue in the Capital Projects Fund for the 1988 Concrete Improvement Program. B. Resolution 88-120 Authorizing the Purchasing Agent to Execute a Change Order for the 1988 Concrete Improvement Program. The 1988 Concrete Improvement Program is the fourth year of an annual program to encourage property owners to construct, repair, replace and maintain their sidewalks, curbs and gutters. This program is voluntary on the part of the property owners. To encourage participation by property owners, the City splits (50/50) the cost of construction- with the property owners, hires the contractor and oversees the construction. In addition to paying 50% of the cost of the improvements, the City also pays the costs of oversizing sidewalks on major streets and the costs of constructing pedestrian access ramps at intersections. 1 -228- August 2, 1988 13. Res Ass 86. In December of 1985, Council established the South Lemay Avenue Special Improvement District No. 86. This SID is located on Lemay Avenue from County Road 32 (Windsor Road) north to the existing improved Lemay Avenue at Southridge Greens Golf Course a distance of 1.86 miles. This District was created as a companion district to the Provincetowne/Portner Estates South SID #81, which was established on October 30, 1984. The South Lemay SID #86 is comprised of two of the same properties as are found in the Provincetowne/Portner SID. The City is now prepared to begin the closeout of this district. In accordance with Chapter 22 of the City Code, preparation of a statement of cost, preliminary assessment roll, and a notice to be sent to property owners have been completed. This Resolution will order the City Clerk to have written notices published in the Coloradoan and send individual notices of assessment to each property owner in the district. This will notify the owners of the cost of the improvements, the portion to be paid by the City, and the hearing date of the assessing ordinance (September 6, 1988). 14. Resolution 88-122 Adjusting Ice Rental Rates at EPIC. ' In order to maintain budgetary goals, an increase of the rate structure for ice rental is being recommended. The current rate is $80/70/60 per hour, depending on the time of day. The proposed rates for the upcoming skating season (beginning September, 1, 1988) are as follows: Adopted Recommended Hourly Rate Hourly Rate 1987/88 1988/89 Prime Time: $80 $83 Monday through Sunday 9:00 a.m. - 9:59 p.m. Non -Prime Time: $70 $73 Monday through Sunday 10:00 p.m. - 1:59 a.m. 5:00 a.m. - 8:59 a.m. Late Night: " $60 $63 2:00 a.m. - 4:59 a.m. 15. Resolution 88-117 Making Appointments to the Ad -Hoc Transportation Committee, On May 17, Council adopted a resolution creating the Ad -Hoc Transportation Committee. Advertisements were placed and applications received for membership on the. Ad -Hoc Transportation Committee. The ' Council Committee conducted interviews and announced its -229- August 2, 1988 recommendations for appointment at the July 19th meeting. The ' appointments were tabled to August 2 to allow time for public input. The prospective appointees are: James Yamane Bob Burnham Henry Baker Earl Wilkinson Todd Shimoda Shirley Cismoski Darrell Fontane 16. Resolution 88-118 Making Appointments to Various Boards and Com- missions. Council had received copies of applications for the Commission on Disability, Downtown Development Authority, Landmark Preservation Commission, and the Personnel Board. Interviews were conducted by Council committees, and recommendations for appointments were announced at the July19 meeting. The appointments were tabled to August 2 to allow time for public input. The prospective appointees are: Commission on Disabilitv Noreen Kenny July 1, 1991 Downtown Development Authority Alice Connor June 30, 1989 , Carey Hewitt June 30, 1989 Frederick Goodale June 30, 1992 Lucia Liley June 30, 1992 Landmark Preservation Commission Prescott Handley July 1, 1992 Rheba Massey July 1, 1992 Personnel Board Herbert Pedri July 1, 1992 Carole Trask July 1, 1992 17. Routine Easements. a. Powerline easement from Carley D. Williams and Elizabeth L. Nance, 209 S. Sherwood, needed to underground existing overhead electric services. Consideration: $10. b. Powerline easement from Paige E. Lunberry and Paula Lunberry, 511-513 W. Oak, needed to .underground existing overhead electric ' services. Consideration: $40. -230- August 2, 1988 ' c. Acceptance of easement from Colorado State Board of Agriculture for the construction and maintenance of a bicycle/pedestrian/equestrian trail project. The Poudre Trail extension to Strauss Cabin will be partially located on C.S.U. Nature Center land. This easement will allow for the trail from Prospect Street south to terminate at the existing Nature Center Parking lot. Consideration: $10. d. (1) Dedication of an off -site utility easement from Colorado State University Research Foundation (CSURF) for the construction, operation and maintenance of a sanitary sewer to serve the Centre for Advanced Technology 9th Filing. With this dedication the City does not accept responsibility to maintain the easement. Consideration: None. (2) Dedication of an off -site utility easement from Colorado State University Research Foundation (CSURF) for the construction, operation and maintenance of a sanitary sewer to serve the Centre for Advanced Technology 9th Filing. With this dedication the City does not accept responsibility to maintain the easement. Consideration: None. (3) Dedication of a temporary off -site drainage easement from Colorado State University Research Foundation (CSURF) for the construction, operation and maintenance of a temporary detention ' pond to serve the Centre for Advanced Technology 9th Filing. With this dedication the City does not accept responsibility to maintain the easement. Consideration: None. (4) Dedication of an off -site drainage easement from Colorado State University Research Foundation (CSURF) for the construction, operation and maintenance of a drainage Swale and appurtenances to serve the Centre for Advanced Technology 9th Filing. With this dedication the City does not accept responsibility to maintain the easement. Consideration: None. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Item #6. Item #7. -231- August 2, 1988 Item #8. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #9. Item #10. Item #11. Item #12. A. Councilmember Horak made a motion, seconded by Councilmember Kirkpatrick, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Items Pertaining to the 1988 Concrete improvement Program Following is staff's memorandum on this item: "FINANCIAL IMPACT j The Concrete Improvement Program has $70,000 of City funds budgeted to assist property owners in improving curb, gutter and sidewalks. The voluntary program divides the cost of the improvements between the City and participating property owners. Property owners pay their share of the costs up front, and the City retains a contractor and oversees the work. The Ordinance appropriates the funds received from property owners for this year's program, which amounts to $35,734. The Resolution authorizes the Purchasing Agent to execute a change order which will increase the contract amount to include the construction. for all of this year's participating ' property owners. 232- August 2, 1988 ' EXECUTIVE SUMMARY A. Hearing and First Reading of Ordinance No. 103, 1988 Appropriating Unanticipated Revenue in the Capital Projects Fund for the 1988 Concrete Improvement Program. B. Resolution 88-120 Authorizing the Purchasing Agent to Execute a Change Order for the 1988 Concrete Improvement Program. The 1988 Concrete Improvement Program is the fourth year of an annual program to encourage property owners to construct, repair, replace and maintain their sidewalks, curbs and gutters. This program is voluntary on the part of the property owners. To encourage participation by property owners, the City splits (50150) the cost of construction with the property owners, hires the contractor and oversees the construction. In addition to paying 50% of the cost of the improvements, the City also pays the costs of oversizing sidewalks on major streets and the costs of constructing pedestrian access ramps at intersections. The program has grown steadily since it was first offered in 1985. The number of participants increased from 50 in 1985 to 100 in 1986, and to 150.. in 1987. This year the number of property owners in the program is slightly over 200. To include all of the interested property owners in the program when the ' City only participates in a portion of the costs requires the following procedure: First, a base contract amount is established for the purpose of obtaining bids. A contractor is selected through the bid process and unit prices for the work are established. Next, interested property owners are advised of the unit costs and their share of the cost of improvements is calculated. Property owners who elect to participate in the program then pre -pay the City for their share of the work. This revenue from the property owners must be appropriated, and a change order is issued to increase the base contract amount up to the actual amount of the work. The Council is asked to take the following actions: A. This year's program will construct $102,524 worth of concrete improvements. The share of these costs paid by the participating property owners amounts to $35,734. The Ordinance appropriates these funds contributed by the property owners, and Council is asked to adopt the Ordinance on first reading. B. The difference between the base contract amount used to obtain bids and establish unit prices and the actual contract amount for the work to be done this year totals $77,568. :In accordance with the Capital Projects Procedures Manual, Council must approve change orders in excess of $50,000. The Resolution authorizes the Purchasing Agent to execute a change order in' the amount of $77,568 for the 1988 Concrete Improvement Program. Funds from the City's existing project budget and the revenues from property -233- August 2, 1988 owners appropriated in the accompanying Ordinance are sufficient to cover ' the amount of the change order. Council is asked to adopt the Resolution. 1988 Concrete Improvement Program 207 property owners participating f 35,734 Property owners' contribution 35,734 City funds matching property owners 31.056 City funds for oversizing walks and constructing pedestrian access ramps $102,524 TOTAL PROJECT COST f 24,956 Base contract amount 7 68 Change order amount $102,524 FINAL CONTRACT AMOUNT The Ordinance and the Resolution, will allow the City to include all of the property owners who have asked to participate this year in the program." Councilmember Horak made a motion, seconded by Councilmember Mabry, to adopt Ordinance No. 103, 1988 on First Reading. Councilmember Maxey spoke of the success of Concrete Improvement Program and encouraged individuals to ' participate in the program. Councilmember Horak encouraged City staff to examine the condition of sidewalks surrounding City facilities. The vote on Councilmember Horak's motion to adopt Ordinance No. 103, 1988 on First Reading was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Winokur made a motion, seconded by Councilmember Mabry, to adopt Resolution 88-120. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Reports Councilmember Kirkpatrick spoke of Colorado Day festivities she attended in Denver. Councilmember Estrada reported on a meeting he attended regarding pediatric I care for indigent persons at Poudre Valley Hospital. 234- August 2, 1988 11 Ordinance No. 104, 1988, Adopting the District -Precinct Map for the 1989 General City Election, Adopted on First Reading Following is staff's memorandum on this item: "Article 11, Section I(c) of the City Charter requires that Council set new District boundaries by ordinance at least six months before each District election. The next General City Election will be held March 7, 1989, and new boundaries must therefore be set no later than August 16. To meet this deadline, the Ordinance setting 1989 District boundaries is scheduled for first reading at this meeting and for second reading on August 16. The four Districts must meet the following requirements: o Each District must contain approximately the same number of registered electors. o Each District must represent one continuous, reasonably compact unit. o District boundaries may not divide any precinct. On July 15, staff forwarded proposed Options A and B to Council for review. Attached is the July 15 memo and three maps outlining the current District boundaries, Option A and Option B. Selection of either Option A or Option B would satisfy the above requirements." Councilmember Mabry made a motion, seconded by Councilmember Kirkpatrick, to adopt Ordinance No. 104, 1988 (Option B) on First Reading. City Clerk Krajicek explained the requirement to adopt new district boundaries six months prior to the district election which is March 7, 1989. She stated either Option A or Option B would satisfy the legal requirements for the adoption of district boundaries. Councilmember Horak stated he did not favor Option B. He stated he believed Option A better establishes Prospect and College as the district dividing lines. - Councilmember Winokur stated although he believes both Options are similar, he was concerned that the character and integrity of neighborhoods be maintained. He stated he would not support Option B. The vote on Councilmember Mabry's motion to adopt Ordinance No. 104, 1988 (Option B) on First Reading was follows: Yeas: Councilmembers Mabry, Maxey, and Stoner. Nays: Councilmembers Estrada, Horak, Kirkpatrick, and Winokur. -235- August 2, 1988 THE MOTION FAILED. I Councilmember Horak made a motion, seconded by Councilmember Kirkpatrick, to adopt Ordinance No. 104, 1988 (Option A) on First Reading. Councilmember Maxey expressed concern about the shifting of the north -south boundary line north of Prospect. He indicated the east -west boundary line should be shifted to accommodate population fluctuations. He stated he would not support Option A. Councilmember Kirkpatrick stated she would support Option A. The vote on Councilmember Horak's motion to adopt Ordinance No. 104 (Option A) was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, and Winokur. Nays: Councilmembers Mabry, Maxey, and Stoner. THE MOTION CARRIED. Ordinance No. 105, 1988, Amending Certain Provisions of Chapter 13 of the Code Relating to Discriminatory Practices, Option A Adopted on First Reading Following is staff's memorandum on this item: "EXECUTIVE SUMMARY ' This is the first of two ordinances which were discussed at a question and answer session during the City Council Meeting on July 5, 1988. This ordinance makes certain changes to Chapter 13 of the City Code relating to discriminatory practices in the areas of employment, housing and public accommodations. These changes do not deal with the addition of sexual orientation or other revisions directly related thereto. Instead, the changes pertain to definitions, religious exemption, enforcement, etc., which staff recommends should be adopted by Council, whether or not the sexual orientation amendment is adopted. As a result of the public discussion, certain new revisions have been made to the first draft :of this ordinance. Those revisions are capitalized and underlined. " BACKGROUND At a public hearing before City Council on July 5, 1988, a draft of this proposed ordinance was presented for public review. Questions of a legal nature were received by the City Attorney and some of the issues raised were to be given further consideration prior to Council action on August 2. ' -236- August 2, 1988 11 ' Certain additional revisions to the ordinance have been proposed and are shown on the face of the ordinance by capitalization and underlining. The original revisions to Chapter 13 which were presented in the first draft of the ordinance are explained in the Agenda Item Summary for July 5, a copy of which is attached. The following is an explanation of the new changes: 1. The definition of "employer" has been narrowed so as to exclude from the application of Chapter 13 the employment of domestic servants. The purpose of this revision is to exempt the employment of persons working in close proximity to the employer in the employer's own home. 2. The definition of "person" has been changed to exclude agencies of the state and federal government as well as the local school district. In the opinion of the City Attorney, the City is preempted from regulating these agencies, particularly in the area of employment practices, by various statutory and constitutional provisions which establish the federal and state personnel system. 3. The religious exemption contained in Sections 13-17(c), 13-18(e) and 13-19(b) wording has been changed. Numerous questions were raised at the public meeting about the use of the phrase "bona fide religious purpose" as the same was used in the existing provisions of Chapter 13 and the first draft of this ordinance. The new draft would provide that, in order to fall within this exemption, the discriminatory practices of a religious organization or institution must be "reasonably calculated . . . to promote the religious principles for which (the organization or ' institution) is established or maintained." While this wording may still present questions of fact which would be have to be resolved on a case -by -case basis, it provides better definition as to the kind of purpose which will permit a religious organization to engage in discriminatory practices. 4. As mentioned at the July 5 hearing, Section 13-23(b) has been revised so as to add a right of judicial review of the decision of the Human Relations Commission in the event the Human Relations Commission upholds a decision by the City Manager to dismiss any complaint under the "investigation" provisions of Chapter 13. Versions "A" and "8" of the ordinance contain different enforcement provisions (Section 13-25). These alternatives were presented as enforcement options in the previous draft of the ordinance." Councilmember Winokur made a motion, seconded by Councilmember Estrada to adopt Ordinance Ko. 105, 1988 (Version A). City Attorney Roy clarified the differences between Version A and Version B. He explained the changes occurring since the July 5 question and answer session. Michael Fortune, representing the Fort Collins Gay and Lesbian Alliance, stated the Alliance favored Version A because it makes no distinction ' between the kinds of discrimination. -237- August 2, 1988 Sharyl Batchelder, 300 Smith Street, asked questions regarding the age I criteria of 40 to 10 years of age.. City Attorney Roy replied the criteria establishes the range within which a person must fall in order to come under the protection of the Ordinance. The vote on Councilmember Winokur's motion to adopt Ordinance No. 105, 1988 (Version A) was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner and Winokur. Nays: None. Items Relating to the Prohibition of Discrimination on the Basis of Sexual Orientation Following is staff's memorandum on this item: "EXECUTIVE SUMMARY On June 7, 1988, Council held a public hearing on the question of amending the City's anti -discrimination ordinance so as to include sexual: orientation as a protected class. At the conclusion of that hearing, Council requested that a proposed ordinance amending Chapter 13 of the Code be presented to Council for consideration. On July 5, 1988, staff presented a proposed ordinance which, if adopted, ' would prohibit discrimination on the basis of sexual orientation in the areas of employment, housing and public accommodations. Certain revisions have since been made as a result of the July 5 hearing. The following are presented for Council consideration: ■ Hearing and First Reading of Ordinance No. 106, 1988 Amending Article II of Chapter 13 of the Code to Prohibit Discrimination on the Basis of Sexual Orientation in the Areas of Employment, Housing and Public Accommodation. ■ Resolution 88-123 Submitting Ordinance No. 106, 1988 to a Vote of the Registered Electors at the Next Regular City Election on March 7, 1989. ■ Hearing and First Reading of Ordinance No. 107, 1988 Calling a Special Municipal Election on November 8, 1988 and Submitting Ordinance No. 106, 1988 to a Vote of the Registered Electors at such Special Election. -238- August 2, 1988 ' BACKGROUND Two changes in proposed Ordinance No. 106, 1988, have been made as a result of the public hearing on July 5, 1988. First, the definition of "sexual orientation" has been changed to read as follows: Sexual orientation shall mean actual or supposed heterosexuality, homosexuality or bisexuality. This definition clarifies the fact that discriminatory practices based on sexual orientation would be prohibited under the proposed amendment, whether or not the target of the discriminatory practice was in fact heterosexual, homosexual or bisexual. It also more clearly limits the protection of the ordinance to those categories of sexual orientation specified therein, i.e. heterosexuality, homosexuality, or bisexuality. Secondly, an additional change to Section 13-18(e) of the Code would be made if this ordinance were adopted. This change would permit the owner of an owner -occupied, single family or two-family dwelling to restrict the occupancy of his or her facility to tenants of a particular orientation.. This section already permits the limitation of occupancy of such dwellings on the basis of sex. Article X, Section 3 of the City Charter permits the Council to: (a) adopt or reject proposed Ordinance No 106, 1988, with or without further amendments; (b) submit the proposed ordinance, without Council action, to a public vote at a special or regular election; or (c) adopt the ordinance and then refer it to a vote of the people after adoption. In the event that Council decides to submit proposed Ordinance No. 106, 1988, to a vote of the electorate at either a special election on November 8, 1988 or the next regular election on March 7, 1989, enabling legislation is included for that purpose." Mayor Stoner outlined the procedures for this public hearing and indicated two 45-minute blocks of time would be allocated to the proponents and opponents. City Attorney Roy summarized the provisions of Ordinance No. 106, 1988 and explained changes made since the first proposal was submitted on July 5. Councilmember Winokur made a motion, seconded by Councilmember Maxey, to adopt Ordinance No. 107, 1988 on First Reading. The following persons spoke in favor of the amendment: 1. Christine Ferguson, 719 Wagonwheel Drive. 2. Joe Stern, 1221 LaPorte Avenue. ' 3. Ann Wallace, 1705 Heatheridge Road, 13-year resident. -239- August 2, 1988 4. Dr. Janet Pipal, 218 Peterson, representing Dr. Nancy Downing, ' psychologist. 5. Susan Lamb, Chair, Human Relations Commission. 6. Linda Seals, Fort Collins business owner. 7. Shirley Wallace, Denver resident, mother of homosexual children. 8. Alma Vigo Morales, 2009 Springfield Drive. 9. Monica Lee, Fort Collins resident. 10. Kelly Holland, 544 Sheldon Drive, high school resident. 11. Denise Branch -Gunther, 317 1/2 Edwards. 12. Annette Plough, 300 Smith Street. 13. David Lipp, 626 Remington, representing American Civil Liberties Union. 14. Donald Park, 1025 Oxford. 15. Jim Banning, 1901 Bear Court, Colorado State University Professor. 16. Sharyl Batchelder, 300 Smith Street, Director of Civil Rights for Individuals. 17. Liza Daly, 6-year resident. 18. Barb Kistler, 414 Whedbee. The following persons spoke against the amendment: 1. Ken Stevens, 2943 Rocky Mountain Court, Pastor, Front Range Baptist Church. 2. John Dubler, 1937 Newcastle Court. 3. Pete Peters, Pastor, Laporte Church of Christ. 4. Stewart Ellenberg, 1019 Stonecrop Court. 5. Dave Bagnall, 706 Coronado Court, School Administrator Front Range Baptist Academy. ' 6. Alan Delahoy, 1008 Glenmoor. 7. Don Richardson, Pastor, First Bible Baptist Church. 8. Ray Dipler, 8406 Bruns Drive. 9. Yolanda C. Nicely, 1924 Corriedale Court. 10. David Zander, 2914 Farview Drive. 11. Dorcia Whitten, 413 Starling. 12. Carl Dubler, 1937 Newcastle Court. 13. Bill Schnell, Loveland, former Fort Collins resident. 14. Rick Fletcher, 2025 West Mulberry. 15. David Brown, 404 Baylor. 16. Celeste Romine, 3337 Dudley Way. 17. Chris Engle, 500 West Prospect. 18. Luke Sargent, 1024 Stoneflower Court. The following - persons spoke in favor of the amendment: 1. Ginny Webster, representing the Commission on the Status of Women. 2. Richard Scowski, Fort Collins resident. 3. Mary Bates, 609 Duke Lane. 4. David Miller, new Fort Collins resident. 5. Fred Edmonds, Minister, Plymouth Congregational Church. 6. Robert Evans, resident and business owner. 7. Madeline LeCocq, Fort Collins resident. 8. Homer Bollinger, United Methodist minister. ' 9. Michelle Murray, Fort Collins resident. -240- August 2, 1988 ' 10. Roy Jones, Minister Foothills Unitarian Church. 11. Penny Chapin, 912 Wood Street H27. 12. Dawn Comstock, 1056 Montview. 13. Paul Bates, 609 Duke Lane. 14. Michael Gorgan, 1205 Remington. 15. Michael Fortune, Fort Collins Gay and Lesbian Alliance. 16. David Bye, 119 North Shields. 17. Cheryl Comstock, Fort Collins resident. 18. Carol Becker, 1028 East Lake. 19. Nancy York, Fort Collins resident. 20. Blair Northwood, 2305 West Lake. The following people spoke against the amendment: 1. Mike Green, Fort Collins resident. 2. Larry Bates, 612 Skysail Lane. 3. Timothy Gates, 3119 Killdeer Drive. 4. Richard Simmons, 500 Cornell Avenue. 5. Ron Bergen, psychotherapist. 6. Joan Zito, 620 Matthews. 7. Chris Bitner, 600 Sidney Street. 8. Bill Blackwell, 925 East Prospect. 9. Norman Patterson, dentist and missionary. 10. Steven Ray, 2730 North Shields. 11. Fort Collins businessman. 12. Gary Young, 2824 East Harmony. 13. West Pape, 2212 Shawnee Court. 14. Algirdas Liepas, Fort Collins attorney. 15. Mike Byron, 3342 Sunningdale. 16. Mark Cates, 4461 Starflower. 17. Bill Narum, 805 East Swallow Road. Mayor Stoner thanked the speakers for their comments. Councilmember Horak thanked the people who attended the Council meeting and the staff for their assistance in conducting the meeting. He stated he was convinced the issue needs to go to the public so the debate could continue in a meaningful fashion. He expressed support for the November election so the citizens could cast their votes on the issue. Councilmember Estrada summarized how the issue was brought forth to Council by the Human Relations Commission, Commission on the Status of Women, and the Colorado Commission on Civil Rights.., He stated that Council has thoroughly researched this issue. He stated he would not be supporting Ordinance No. 107, 1988. Councilmember Mabry stated he would not be supporting the motion. He encouraged Council to take a stand and vote on the Ordinance. Councilmember Kirkpatrick stated she would be supporting the Ordinance. She stated she wanted to introduce a.Resolution to indicate each individual ' Councilmember's stance on the issue. -241- August 2, 1988 Councilmember Maxey stated he would support the Ordinance to submit the proposed Ordinance to the electorate. Councilmember Winokur thanked Council for devoting time, thought, and research to this issue. He thanked the citizens who participated in the process. He spoke of the reasons why Council was considering the issue and stated he was convinced the issue centers on both personal and community values and beliefs. He stated he did not believe it was the proper role of government to establish or modify community values and beliefs, but that it was the right and the duty of the people. He stated this was an issue that only the people can resolve and indicated he would support the motion to place the issue on the November ballot. Mayor Stoner spoke of the emotion on both sides of the issue. He stated he would be supporting the motion. He stated he believed the interest of the community would best be served by submitting this proposed Ordinance to a vote of the people. The vote on Councilmember Winokur's motion to adopt Ordinance No. 107, 1988 on First Reading was as follows: Yeas: Councilmembers Horak, Kirkpatrick, Maxey, Winokur, and Stoner. Nays: Councilmembers Estrada and Mabry. THE MOTION CARRIED. Councilmember Kirkpatrick introduced seconded by Councilmember Horak, to passage of Ordinance No. 106, 1988. Resolution 88-124 and made a motion, adopt Resolution 88-124 supporting Councilmember Maxey requested a copy of the exact wording of the Resolution. Councilmember Kirkpatrick recommended changes in the Resolution and read the Resolution a second time (with the amended language). Councilmember Kirkpatrick read a statement outlining her position on the issue and stated she supported the proposed amendment. Councilmember Mabry stated he did not not support the underlying Ordinance. not supporting the Resolution: support the Resolution because he did He listed the following reasons for 1. Fear of opening the floodgates by establishing a new protected .class, thus making it difficult to evaluate and deny requests for establishing more new protected classes. 2. The largest employers in the city (CSU, Poudre R-1, all Federal agencies, Larimer County) are exempted from compliance, which has the effect of putting all the onus to solve this problem on the private sector. The selective application of the law is unacceptable. -242- F August 2, 1988 ' 3. The effect this Ordinance would have on the continuing efforts to bolster the economy and create new jobs. This Ordinance would create one more potential point of harassment and would put Fort Collins at a disadvantage with other communities. Councilmember Winokur stated he would not be supporting the Resolution. He believed it undermined the intent and provisions of the Charter and would serve to bias the discussion on what Council did or did not do. Councilmember Maxey stated that earlier in the day he was made aware of the possible introduction of the Resolution. He stated he would not support the Resolution. Councilmember Estrada indicated he would support the Resolution. Councilmember Horak stated he would be supporting the Resolution. He spoke of Constitutional provisions with respect to whom is or is not protected by the laws. Mayor Stoner stated he could not support the Resolution. He spoke of his compassion for gays and lesbians and thanked the audience for their attention and respect. The vote on Councilmembers Kirkpatrick's motion to adopt Resolution 88-124 was as follows: Yeas: Councilmembers: Estrada, Horak and Kirkpatrick. ' Nays: Councilmembers Mabry, Maxey, Stoner and Winokur. THE MOTION FAILED. Adjournment Councilmember Mabry made a motion, seconded by Councilmember Winokur, to adjourn the meeting. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. The meeting adjourned at 12:10 p.m. ayor TTEST: City Clerk - 243 -