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HomeMy WebLinkAboutMINUTES-07/05/1988-RegularJuly 5, 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, July 5, 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 the month of July as National Recreation and Parks Month was forwarded to the appropriate persons. b. Proclamation Naming the month of July as Bring It Home Month was accepted by Deane Drury, Executive Director of the Convention and Visitors Bureau. ' Rick Goodale, member of the Lincoln Center Board of Directors, spoke of the Governor's Cup Award recently by the Lincoln Center. He thanked Lincoln Center staff members for the efforts in obtaining the award and for their ongoing efforts to ensure that the Center is a facility to be proud of. Lynn Baker, president of the Lincoln Center Board of Directors, encouraged Council to delay action on the proposed entertainment tax as a means to fund the Lincoln Center. She expressed the Board's support for the museum and requested it remain open. Christine Jones, Chairperson of the Cultural Resources Board, 417 Smith, requested Council delay consideration of an entertainment tax. She also requested the proposal to close the museum be sent back to City staff with a sound denial. Harry Rosenberg, historian, expressed support for the museum and urged Council to retain the museum as a cultural facility. Alyce Milton, 116 Pearl Street, expressed concern about the message closing the museum gives to potential business and industry and its impact on economic development growth in the community. Jane Folsom, 2828 Silverplume Drive, Cultural Resources Board member, stressed the importance of the museum to the community and encouraged Council to visit the museum. -175- July 5, 1988 Jim Nicholson, 4524 Skyline Drive, expressed support for the museum. 1 Doris Greenacre, member of the Fort Collins Historical Society, the Pioneer Association, and the newly -formed Larimer County Historic Trust, spoke of her Fort Collins ancestry and objected to the proposal to close the museum. Mike Griffith, 912 Rocky Mountain Way, former Cultural Resources Board member, questioned whether services provided by the City must be 100% cost effective and return 100% to the budget. He expressed his support for continued operation of the museum. Gus Philpott, 5117 Arrowhead Lane, addressed Council regarding the Police Department. He spoke of an unresolved complaint and his inability to have a police officer respond to a loud noise complaint. He spoke of a recent accident involving a police officer driving through a red light with lights and siren running. He also spoke of the allegations of use of excessive force by a police officer during College Days. He demonstrated the weight and rigidity of a police flashlight. He suggested the Council more closely examine the Police Department and urged the formation of a citizen review committee. Sandy Lemberg, Poudre Canyon resident, expressed support for the museum. He questioned the need for additional funding in lieu of recent news reports of a $3 million surplus of funds. He suggested a review of the tax 1 structure in Fort Collins. He advocated. a strong mayor system over a council-manager form of government. He raised several questions about the final report on the College Days incident. He described a personal incident involving law enforcement officials. June Havekost, 712 Scenic Drive, described an accident involving Police Dispatcher Randy Cumley. She spoke of problems she encountered in attempting to secure an accurate reporting of the accident. She suggested changes in police procedures and personnel. She requested the Council establish a civilian review board, order the Chief of Police to correct the diagram and report of her accident, and order the Chief to release the name of the officer found guilty of using excessive force. Donna Beard, 1216 Morgan, president of the Fort Collins Council on Arts and Humanities, opposed the proposed entertainment tax and museum closing. Bruce Lockhart, 2500 East Harmony Road, defended staff for the recommendation to privatize the operation of the museum. He spoke of his contact with Officer Dave Boal (the officer who handled the accident involving Randy Cumley and June Havekost) and described Officer Boal's professionalism and fairness in handling his incident. Sandra Hendrickson, 1636 West Stuart, expressed her support for the continued operation of the museum. FJ -176- July 5, 1988 ' Agenda Review• City Manager City Manager Burkett stated there were no changes to the agenda as published. Councilmember Kirkpatrick requested Item #17, Resolution 88-104 Authorizing the City to Participate in the 1988 Colorado Local Mortgage Bond Program, be withdrawn from the Consent Agenda. Councilmember Horak asked that Item #16, Resolution 88-103 Authorizing the Release of $111,111 from the Fort Collins -Loveland Airport Account for the Airport Runway Extension Project, be removed from the Consent Calendar. Councilmember Maxey withdrew Item #12, Hearing and First Reading of Ordinance No. 90, 1988, Vacating a Portion of Street Right -of -Way on Myrtle Street and Riverside Drive and Rededicating as a Utility Easement, 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 #20, Pulled Consent Items. 5. Consider aDDroval of the minutes of 4hc rnnnl mend;...... _r u.... 17 - Z Platte River Power Authority has made a contribution of $14,326 to the City's Economic Development Program. The funds will be used for the data base services which facilitate local business development and expansion. This is a one-time grant and will not be incorporated into future budgets. This Ordinance, which was unanimously adopted on First Reading on June 7, appropriates the funds. 7. This Ordinance, which was unanimously adopted on First Reading on June 7, appropriates the• final audited 1987 lodging tax receipts for distribution to the Convention and Visitor's Bureau contract, the ' Cultural Development and Programming Account and the Maintenance and Mitigation Account. The initial 1988 budget appropriation was made on -177- July 5, 1988 91 Q 10. estimated revenue. The contract and account disbursement is based on ' actual 1987 receipts pending final Accounting and audit. The additional receipts greater than the budget estimates must be appropriated. Services Division. User Services is a division of Lincoln Center. This division provides direct services to our user groups and all charges are billed back to the user. Due to increased demand, this division's expenses were under projected. This allocation of funds will be off -set by increased revenues and the division will remain at 100% payback. This Ordinance, which was unanimously adopted on First Reading on June 7, appropriates $20,000 and allows for additional funding for user services. Provisions of the Water Conservancy Act and a recent resolution passed by the Northern Colorado Water Conservancy District Board require that areas supplied by the Municipal Subdistrict be located within the Subdistrict. This Ordinance, which was unanimously adopted on First Reading on June 7, brings into the Subdistrict those areas annexed into the City since 1970. On June 7, Council adopted Resolution 88-96 Appointing Stephen J. Roy as City Attorney and Authorizing the Mayor to Enter into an Employment Agreement between the City and Stephen J. Roy. The Employment Agreement with new City Attorney Stephen J. Roy has set the salary for the position at $55,000 per year. This Ordinance, which was unanimously adopted on First Reading on June 7, reflects the new salary rate as negotiated. Police Services has been awarded a grant from Colorado's Eight Judicial District Victims and Law Enforcement Fund (VALE) Board. Monies from this fund assist law enforcement agencies in providing help to crime victims. A joint grant request was formulated by Fort Collins Police Services, Colorado State Police, and the Larimer County ' Sheriff's Department. The grant monies will be managed through the Police Services Investigative Division. The equipment being provided -178- July 5, 1988 12. 13. 14. by the grant will allow a much larger number of officers to complete high -quality composite drawings of crime suspects. Composite drawings rendered by crime victims and witnesses are a valuable tool in the apprehension of suspects. This Ordinance appropriates $7,095 in grant funds for expenditure in the Fort Collins Police Services Investigations Division Program. The owner of Lot 13, Lesser's Subdivision (Houska Garage) has requested that a portion of the right-of-way at Myrtle Street and Riverside Drive be vacated and rededicated as a utility easement. The request is being made primarily to improve site conditions so that business -related on -street manuevering 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 turn around. 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 rededication as an easement. On June 7, 1988, the Council adopted a Resolution authorizing the City Manager to sign a letter of intent to participate in the United States Bureau of Reclamation Loan Prepayment Program. The City has a commitment from the Colorado Water Conservation Board to lend the City 100% of the funds to buy-out the loan to the Water Fund over a six -year period at an interest rate of 5%. The buy-out would save the City $3,106,366 over the next eleven years. Currently, the principal balance of the loan is $4,598,000, with the principal amount of the buy-out currently projected at $2,433,893. On May 17, 1988 the Council unanimously adopted an Inducement Resolution for this project in the amount of $2,600,000 and increased that amount to $2,900,000 on June 7. This Ordinance authorizes the -179- July 5, 1988 15 16. 17. issuance of the industrial development revenue bonds to be used to finance the Vipont project. Items Relating to the Timberline Railroad Crossing - Signal Installation. Resolution 88-101 Authorizing the Mayor to Execute an Agreement with the State of Colorado - Division of Highways for the Funding of a Railroad Crossing Signal on Timberline Road. Resolution 88-102 Authorizing the Mayor to Execute an Agreement with the Burlington Northern Railroad for the Installation of a Railroad Crossing Signal on Timberline Road. Hearing and First Reading of Ordinance No. 92, 1988, Appropriating Unanticipated Revenue in the Capital Projects Fund. The City of Fort Collins has been granted Federal Railroad Crossing Safety Funds, which are administered by the State of Colorado Division of Highways, to help pay for a crossing signal on Timberline Road at the Burlington Northern Railroad crossing. The City's share is being funded with Railroad Crossing Improvement Program funds, which were also used to install rubberized crossing material at this crossing in June. The Fort Collins -Loveland Municipal the Federal Aviation Administration airport development and noise prograi cover 90% of the project costs with City of Loveland each responsible Therefore, the total cost to each Cif Airport has received a grant from in the amount of $1,000,000 for i implementation. The grant is to the City of Fort Collins and the for 5% of the project costs. y should not exceed $55,555.50. The City and County of Denver is coordinating a group of cities and counties to conduct the 1988 Local Mortgage Bond program. A target of $50,000,000 in mortgage revenue bonds has been identified as the most efficient size. The City and County of Denver allocation is about $16,000,000 and other cities and counties bring the total to $32,000,000. The City of Fort Collins has used its entire allocation to induce the Vipont project. However, Denver will apply for an additional allocation from the "state-wide" private activity bond balance on behalf of Fort Collins and other participating cities and counties. Passage of this resolution will allow the City of Fort Collins to actively participate in the program. 1 July 5, 1988 IF-3 19 On May 31, 1988, an interdepartmental selection committee interviewed four consulting teams that responded to the Requests for Proposals for the Poudre River National Recreation Area Study. These teams were selected from the eight firms that responded, based on an independent written evaluation of each proposal. The team headed by Shalkey Walker Associates, Inc., of Denver was judged to be the best suited for the Study after the interview process. This Resolution will authorize the City Manager to enter into a Professional Services Agreement with Shalkey Walker Associates, Inc. to conduct the study. Routine Easements. a. Powerline easement from Jason W. Sherrill and Ken J. Abalos, 1200 Hillcrest, needed to install underground streetlight services. Consideration: $1. b. Powerline easement from Randolph E. Reider and Debra S. Reider, 606 W. Mountain, needed to underground existing overhead electric services. Consideration: $10. c. Powerline easement from Catherine E. Chismar, 225 Whedbee Street, needed to underground existing overhead electric services. Consideration: $10. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #6. Item #7. Item #8. Item #9. Item #10. -181- July 5, 1988 Ordinances on First Reading were read by title by Wanda Krajicek, City ' Clerk. Item #11. Item #32. Item #13. Item #14. Item #15. C. Councilmember Mabry made a motion, seconded by Councilmember Estrada, 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. Ordinance No. 90, 1988, Vacating a Portion of Street Right -of -Way on Myrtle Street and Riverside Drive and Rededicating as a Utility Easement. Tabled to July 19 Following is staff's memorandum on this item: "The owner of Lot 13, Lesser's Subdivision (Houska Garage) has requested that a portion of the right-of-way at Myrtle Street and Riverside Drive be vacated and rededicated as a utility easement. 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 turn around. Since the curb and gutter are existing, no actual street area will ' be lost with this vacation. In addition, new sidewalk and landscaping will -182- July 5, 1988 be installed by the owner enhancing the general appearance of the facility and adding to city improvements. A11 city agencies and utility companies have been contacted and have no problems with the proposed vacation of right-of-way and rededication as an easement." Councilmember Kirkpatrick made a motion, seconded by Councilmember Winokur, to adopt Ordinance No. 90, 1988 on First Reading. Civil Engineer Jim Faulhaber responded to questions from Council. He noted he would need time for additional study following some of the questions posed by Council. Councilmember Maxey made a motion, seconded by Councilmember Estrada, to table Ordinance No. 90, 1988 to July 19. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 88-103 Authorizing the Release of $111,111 from the Fort Collins -Loveland Airport Account for the Airport Runway Extension Proiect Adopted Following is staff's memorandum on this item: "FINANCIAL IMPACT The Federal Aviation Administration has granted up to $1,000,000 for this project. The federal funds constitute a 90 percent match. The local share for this project is 5111,111. The City of Fort Collins share would be the $55,555.50 and the City of Loveland share would be the same. EXECUTIVE SUMMARY The Fort Collins -Loveland Municipal Airport has received a grant from the Federal Aviation Administration in the amount of $1,000,000 for airport development and noise program implementation. The grant is to cover 90Y of the project costs with the City of Fort Collins and the City of Loveland each responsible for 5% of the project costs. Therefore, the total cost to each City should not exceed $55,555.50. BACKGROUND The City of Fort Collins .and the City of Loveland have operated the Fort Collins Loveland Municipal Airport under a joint operating agreement since 1963. In 1981, the two cities reached agreement on the funding of certain capital improvements to be completed at the airport site. The City of Fort Collins issued $2,000,000 of bond anticipation notes in 1981 and replaced the 1981 BANS with $2,000,000 of Sales and Use Tax Revenue Bonds in 1982. -183- July 5, 1988 The 1982 Sales and Use Tax Revenue Bonds were refinanced and restructured in the 1986 Sales and Use Tax Refunding. ' In the 1981 agreement, the cities agreed to split the amount on the debt service schedule and any revenue derived from the airport operation equally. Presently, a balance of approximately $400,000 exists in the airport account from prior year reserves and interest earnings. In addition to the account balance, the City of Fort Collins budgeted $33,333 for Airport Expansion in the 1985 Budget; these funds have not yet been used. The City of Loveland has also made general fund appropriations to cover costs of expansion. By this resolution, the City of Fort Collins would approve use of funds remaining in the airport account for the expansion of the airport runway and upon passage of a similar resolution by the City of Loveland, the Finance Department would release the funding. Such action would also be consistent with discussions with the City's independent auditors. A copy of the Grant Agreement is attached for your information." Councilmember Maxey withdrew from discussion and vote on this item due to a perceived conflict of interest. Councilmember Estrada made a motion, seconded by Councilmember Winokur, to adopt Resolution 88-103. Administrative Services Director Pete Dallow responded to questions from I Council. Councilmember Horak stated he would not support the Resolution because he believed paying off existing debt would be the best use of the funds. Mayor Stoner stated he originally did not plan to support the Resolution, but stated he believed it was important to continue in a cooperative effort with the City of Loveland. The vote on Councilmember Estrada's motion to adopt Resolution 88-103 was as follows: Yeas: Councilmembers Estrada, Kirkpatrick, Mabry, Stoner, and Winokur. Nays: Councilmember Horak. (Councilmember Maxey withdrawn) THE MOTION CARRIED. Resolution 88-104 Authorizing the City to Participate in the 1988 Colorado Local Mortgage Bond Program, Adopted Following is staff's memorandum on this item: 184- July 5, 1988 "FINANCIAL IMPACT The mortgage revenue bonds will be paid by the participants in the program. The bonds do not constitute a liability or debt of the City. EXECUTIVE SUMMARY The City and County of Denver is coordinating a group of cities and counties to conduct the 1988 Local Mortgage Bond program. A target of $50,000,000 in mortgage revenue bonds has been identified as the most efficient size. The City and County of Denver allocation is about $16,000,000 and other cities and counties bring the total to $32,000,000. The City of Fort Collins has used its entire allocation to induce the Vipont project. However, Denver will apply for an additional allocation from the "state-wide" private activity bond balance on behalf of Fort Collins and other participating cities and counties. Passage of this resolution will allow the City of Fort Collins to actively participate in the program. BACKGROUND Since 1978, cities and counties have been conducting mortgage bond revenue programs to provide lower interest rate mortgages for low- and middle -income individuals and families. Such programs have also allowed targeting the use of proceeds in Pow income census tracts. Last year, the City of Fort Collins indirectly benefited from the local issue program. As ' Larimer County was a participant in the pool, 16 low -interest mortgages were originated within the city's corporate limits. By participating directly in the program, the number of mortgages should increase in 1988. Expected timeline for the program: July Participating cities and counties assign allocations. Letters of support and delegation agreements passed. August Denver structures programs, undertakes requisite legislative acts, application for state balance. September Allocation from state balance determined, bond documents finalized. October Bonds issued and funds available for mortgages. For the first part of the mortgage origination period, participating cities and counties will have their own allocation. After approximately four months, unused proceeds can be used by any participating jurisdiction. One of Council's established goals is to increase the quality and affordability of housing. By participating in this program, the City can further this goal for a segment of the low- and middle -income population of ' Fort Collins." -185- July 5, 1988 Councilmember Winokur made a motion, seconded by Councilmember Estrada, to ' adopt Resolution 88-104. Finance Director Alan Krcmarik answered questions relating to this item. The vote on Councilmember Winokur's motion to adopt Resolution 88-104 was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Reports Mayor Stoner presented a $4,5O0 check from Hewlett-Packard for its participation in the July 4th fireworks display and thanked H-P for its contrib:;-*Jbn. Ordinance No. 84, 1988, Appropriating Unanticipated Revenue in the Cultural Services and Facilities Fund/Performing and Visual Arts Division for Construction of a Performance/Sculpture Garden at Lincoln Center. Adopted on Second Reading Following is staff's memorandum on this item: "This Ordinance, which was adopted 6-1 on First Reading on June 7, appropriates $155,000 for the capital construction of the Lincoln Center Performance and Sculpture Garden (The Terrace). The construction of The Terrace at Lincoln Center is scheduled for completion during October's Tenth Anniversary celebration. This completes the original design for the Lincoln Center. Lack of funds caused The Terrace to be deleted in 1978. Donated funds include: $55,000 from the Birthday Ball, $15,000 from the Lincoln Center Support League, $5,000 from the Lincoln Center Friends Annual Support (FANS), $50,000 from private donors and major corporations. These funds will be combined with $30,000 transferred from the City Manager's contingency. The Terrace will encompass the area between the Ludlow parking lot and the front of the building on the north side. It will include space for outdoor sculpture, a small performance area and new walkway entrances." Councilmember Winokur made a motion, seconded by Councilmember Mabry, to adopt Ordinance No. 84, 1988 on Second Reading. Councilmember Horak stated he would not support the item because of the source of funding. Ll iFIdO July 5, 1988 The vote on Councilmember Winokur's motion to adopt Ordinance No. 84, 1988 on Second Reading was as follows: Yeas: Councilmembers Estrada, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: Councilmember Horak. THE MOTION CARRIED. Items Relating to the Riaden Farm Annexation Following is staff's memorandum on this item: "EXECUTIVE SUMMARY A. Resolution 88-106 Finding Significant Compliance and Initiating Annexation Proceedings. B. First Reading of Ordinance No. 93, 1988, Annexing Approximately 229.7683 Acres, Known as the Rigden Farm Annexation. C. First Reading of Ordinance No. 94, 1988, Zoning Approximately 229.7683 Acres, Known as the Rigden Farm, into the T Transition District. APPLICANT: State Board of Agriculture OWNER: Same ' Room 202 Administration Building Colorado State University Fort Collins, CO 80523 This is a request to annex and zone approximately 229.7683 acres located south of East Drake Road and east of Timberline Road. The requested zoning is the T Transition District. The property is presently undeveloped and is part of a CSU experimental farm. This is a voluntary annexation. BACKGROUND The applicant and owner, the State Board of Agriculture, has submitted a written petition requesting annexation of approximately 229.7683 acres located south of East Drake Road and east of Timberline Road. The requested zoning is the T Transition District. The property is presently undeveloped and is part of a CSU experimental farm. This is a voluntary annexation. 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 FORT COLLINS URBAN GROWTH AREA, the City will annex 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 Blue Spruce Farm Annexation to the west. M&M July 5, 1988 The requested zoning for this T District designation is for annexation is the T Transition properties in transition from District. The ' a rural to an urban use. The property is presently undeveloped and is part of a CSU experimental farm. With the encroachment of increased urbanization, the usefulness of the property as an experimental farm in the future is in question. At some point in the future, the property may be rezoned in order to be sold or traded to private development interests. As with other state owned properties recently annexed into the City of Fort Collins, the State Board of Agriculture has requested the following be added as conditions of the annexation: "Petitioner specifies as a condition of the proposed annexation that the proposed annexation in no sense shall be interpreted as: Conveying to said City any right, title, or interest in the property so annexed; 2. Conveying any right to establish new streets or extend existing streets upon or across said property; or to construct utility lines of any kind upon or across said property; 3. Granting any right to apply the provision of any municipal ordinance, and specifically any building code, zoning code, or licensing ordinance, upon the above described property so long as title thereof shall remain in the State Board of Agriculture and the property 1 continues to be used for educational, research, extension and related support services. Provided, however, that the jurisdiction of the City of Fort Collins shall extend over the property annexed insofar as it relates to the application of: a. City traffic ordinances; b. City ordinances relating to police enforcement of the traffic code, City ordinances relating to offenses against the person, offenses against public peace, offenses relating to morals, and offenses relating to public health and safety; The jurisdiction of the Municipal Court is extended to include violations of ordinances included in the foregoing items I and 2 of this paragraph occurring on the lands so annexed; provided, however, that nothing contained in the annexation ordinances shall be construed to limit the authority of the University officials, to exercise the authority provided in C.R.S. 23-5-106 and C.R.S. 23-5-107." Findings The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins I contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. lit-1-1 July 5, 1988 2. The area meets all criteria included in State law to qualify for a voluntary annexation to the City of Fort Collins. 3. The attached Resolution accepts the annexation petition and determines that the petition is in compliance with State law. The Resolution also initiates the annexation process for this property by establishing the date, time and place when a public hearing will be held regarding the readings of the Ordinances annexing and zoning the area. Public hearing and second reading of the Ordinances annexing and zoning the property will be considered by the City Council on August 16, 1988. 4. The requested T Transition District is in conformance with the policies of the City's Comprehensive Plan. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board, at its regular monthly meeting held on June 27, 1988, voted 3-0 to recommend approval of the annexation and requested zoning, as part of the Board's consent agenda." Councilmembers Estrada and Kirkpatrick stated that although they have withdrawn from items that involved CSU in the past, they did not believe this item presented a conflict of interest and therefore would participate in consideration of these items. Councilmember Mabry made a motion, seconded by Councilmember Winokur, to adopt Resolution 88-106. Chief Planner Ken Waido gave a brief presentation on this item. He and City Attorney Roy responded to Council questions. Councilmember Maxey stated he was not comfortable with this type of annexation, noting he did not believe it was necessary. He stated annexation of the property at this time increases the burden on the taxpayers to maintain the streets, and to provide police protection and other services to the property. He noted the property is not subject to property taxes or any other income producing charges. The vote on Councilmember Mabry's motion to adopt Resolution 88-106 was as follows: Yeas: Councilmembers Estrada, Kirkpatrick, Mabry, Stoner, and Winokur. Nays: Councilmembers Horak and Maxey. THE MOTION CARRIED. Councilmember Estrada made a motion, seconded by Councilmember Kirkpatrick, to adopt Ordinance No. 93, 1988 on First Reading. Yeas: Councilmembers Estrada, Kirkpatrick, Mabry, Stoner, and Winokur. Nays: Councilmembers Horak and Maxey. ' THE MOTION CARRIED. -189- July 5, 1988 Councilmember Estrada made a motion, to adopt Ordinance No. 93, 1988 on Estrada, Horak, Kirkpatrick, Mabry, None. THE MOTION CARRIED. seconded by Councilmember Kirkpatrick, First Reading. Yeas: Councilmembers Maxey, Stoner, and Winokur. Nays: Presentation and Public Discussion of Proposed Ordinances Amending Certain Provisions of Chapter 13 of the Code Relating to Discriminatory Practices Following is staff's memorandum on this item: "EXECUTIVE SUMMARY On June 7, 1988, the City 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, the Council requested that a proposed ordinance be presented to Council which, if adopted, would implement such change. Additionally, staff is itself proposing certain other changes to Chapter 13, pertaining to definitions, enforcement, etc., which it recommends be adopted by Council, whether or not the sexual orientation amendment is adopted. After public discussion on July 5, final versions of both ordinances will be submitted to Council for consideration on August 2, 1988, BACKGROUND Proposed Ordinance Amending Chapter 13 to Add Sexual Orientation. At a public hearing on June 7, 1988, several community members requested that City Council change the City's existing anti -discrimination ordinance to prohibit discrimination in the areas of employment, housing and public accommodation based on sexual orientation. The ordinance presently prohibits discrimination when based upon disability, race, color, religion, national origin, sex or marital status. This suggested revision of the Code is the subject of the first proposed ordinance. It would be accomplished by adding a definition of sexual orientation and including sexual orientation among the definitions of discriminatory practices. Under Article X. Section 3 of the City Charter, the Council has the prerogative to: (a) adopt or reject the ordinance, with or without any further amendment; (b) submit the proposed ordinance, without Council action, to a public vote at a special election; or (c) adopt the ordinance and then refer it to a vote of the people. L -190- July 5, 1988 ' 2. Proposed Ordinance Making Certain Other Changes to Chapter 13. Whether or not the provisions of Chapter 13 are amended to include sexual orientation, staff recommends that certain other amendments to the Chapter be adopted upon first reading on August 2, 1988. These proposed amendments would result in the following changes: a. Definitions. The definition of the "persons" covered by Chapter 13 would be amended to eliminate any inconsistency or redundancy and to extend the application of the Chapter to all governmental agencies. Specifically, the definition of "employer" would be simplified to read "any person employing any person in any capacity." The definition of "employment agency" would be similarly simplified. The exemption for religious organizations would be removed from the definition provisions of the Chapter but would remain (under the circumstances described below) within the body of the respective sections. b. Discriminatory Employment Practices. Section 13-17(a) would be amended so as to extend its application to prospective employees as well as to employers and employment agencies. c. Religious Exemption. The provisions of the sections pertaining to employment, housing and public accommodation presently contain exemptions for religious organizations in recognition of the provisions of the United States and Colorado Constitutions which require that no ' law shall be passed which prohibits the free exercise of religion. As presently written, the religious exemption in Chapter 13 permits such ,organizations to discriminate (for religious reasons) only to the extent of restricting their facilities or employment to persons of their own denomination. The proposed amendment would not limit the kinds of discriminatory practices which would fall within the exemption, so long as any such practices were based upon a bona fide reason. This change would make the religious exemption consistent with other provisions of the Chapter which, for example, exempt all employers from the application of the ordinance when their discriminatory practices are based upon bona fide occupational requirements. d. Enforcement Provisions. Sections 13-23, 13-24 and 13-25 would be substantially revised so as to modify the internal review and enforcement provisions of the Chapter. Two alternative enforcement versions are presented, one criminal and the other primarily civil. (1) Review procedures. At present, the administrative determinations of the City Manager are subject to review by the Human Relations Commission only under certain circumstances, depending upon the reason for the City Manager's dismissal of the complaint. The proposed change provides for such review in the case of any dismissal by the City Manager, and it also provides for a subsequent right of review by the District Court. -191- July 5, 1988 (2) Court action. The present Chapter empowers the City Manager to , bring an action in Municipal Court if a complaint cannot be resolved by conciliation and agreement. Discretion is vested in the City Manager as to whether the action should be civil or criminal in nature. The Code also presently empowers the City Manager to seek injunctive relief from the Municipal Court. Staff believes that the Municipal Court lacks the jurisdiction to issue such injunctive relief. Option #1 in Section 13-25 of the Ordinance would make violations of this Chapter punishable as a criminal matter. This is consistent with Section 1-15 of the Code, which imposes possible sanctions of a fine up to $900 or imprisonment up to 180 days for all violations of the Code except certain traffic infractions. Option #2 in Section 13-25 of the Ordinance would make most violations of this Chapter punishable only by a fine. (The adoption of this alternative would require subsequent amendment of Section 1-15.) The City's ability to decriminalize violations of Chapter 13 would be limited to those portions of the Chapter which do not have a counterpart in the State statute that is punishable as a crime. At present, that would mean that all discriminatory practices in the areas of public accommodation which are based upon handicap, race, creed, color, sex, marital status, national origin or ancestry would have to be punishable as a crime under Chapter 13. Finally, the proposed ordinance continues to provide that complaints may be filed only by the City Manager after administrative review, rather than directly by a complainant. This recommended procedure is based upon the fact that the commencement of an action in Municipal Court requires the issuance of a summons, which summons may be issued only after the allegations in the complaint are administratively screened for the sufficiency of probable cause." Mayor Stoner stated the purpose of this hearing was to address questions to the City Attorney relating to the proposed ordinances. He noted Council had directed the City Attorney to prepare these ordinances and therefore the City Attorney should not be perceived as a proponent or an opponent of the ordinances. City Attorney Roy explained his role in the process, noting he would not advise individuals, in a particular circumstance, of what their legal rights and remedies might be if the ordinances were adopted. He described the content and intent of both ordinances. He responded to questions from Council and members of the audience. The following persons raised questions about the proposed ordinances: , 192- July 5, 1988 1. Luther Sargent, 1024 Stoneflower Court. 2. Ken Stephens, 2943 Rocky Mountain Court, pastor at Front Range Baptist Church. 3. Pete Peters, pastor at Laporte Church of Christ, 3513 Settlers Road. 4. John Norlin, 2614 Lodi Court. 5. Gregg Walters, 412 Guillemont. 6. John Dubler, 1937 Newcastle Court. 7. Sam Kella, 18-year resident. 8. Jim Ringenberg, local attorney. 9. Mr. Delehoy, 25-year resident. 10. Dan Nygaard, 1609 Shenandoah. 11. Fred Hogge, 3005 Southmoor Court. 12. Tom Rorabaugh, 4040 South College. 13. Gregory Zimmerman, Boulder attorney. 14. Chuck Bates, 612 Scottsdale Lane, high school student. 15. West Pape, 2212 Shawnee Court. 16. Bill Blackwell, 925D East Prospect. 17. Frank Driver, 322 Pearl, 27-year resident. 18. David Bye, 119 North Shields. 19. Sharyl Batchelder, 300 Smith, Director of Civil Rights for Individuals. 20. Dr. Milford Thieszen, 2112 Rollingwood Drive. 21. Chuck Rhodes, 1401 Patton, 22-year resident. 22. Mike Fortune, 3039 Virginia Dale. 23. Vannah Martin, 3325 North Shields. 24. Dick Powell, 2913 Stanford Road. 25. Vernon Jaques, 2806 Middlesborough. 26. Debbie Anderson, CSU student. Mayor Stoner thanked the speakers for attending and raising questions. He thanked City Attorney Roy for his responses. He encouraged citizens to submit further questions in writing to the City Attorney. Councilmembers spoke of the volume of mail they have received and asked that citizens be patient in receiving responses. Dave Brown, 404 Baylor, indicated City staff had told him public comments would be received at this meeting and expressed dissatisfaction with the content of the hearing. Pete Peters, 3513 Settlers Road, asked for an explanation of what the process would be on August 2nd. Mayor Stoner stated Council would take action on the issue on August 2nd and the public comment would be allowed at that meeting. Jim Weber, 2052 Bennington Circle, expressed dissatisfaction with public comments being delayed to August 2nd, just prior to a vote on the issue. He suggested Council hear comments on the 2nd and delay action until August 16. -193- July 5, 1988 Items Relating to the City's ' Fiscal Year 1988-89 Community Development Block Grant Program Following is staff's memorandum on this item: "EXECUTIVE SUMMARY A. Public Hearing and Resolution 88-107 Adopting Fiscal Year 1988-89 Community Development Block Grant Programs and Projects. Hearing and First Reading of Ordinance No. 96, 1988, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Projects in the Community Development Block Fund. The Community Development Block Grant Program provides federal funds from the Department of Housing and Urban Development to the City of Fort Collins which can be allocated to housing and community development related programs and projects, thereby reducing the demand on the City's General Fund Budget to address such needs. BACKGROUND The Resolution establishes the individual programs and projects to be funded with Community Development Block Grant funds from the United States ' Department of Housing and Urban Development for the FY 1988-89 Program year which begins on October 1, 1988. The total amount of Community Development Block Grant funds available to the City of Fort Collins is 3803,000. The Community Development Block Grant Citizens Steering Committee has evaluated all applications and presented a list of priorities to the City Council as to which programs and projects should receive funding for the next program year. The ordinance appropriates $653,000 from the City's FY 1988-89 Entitlement Grant, $100,000 from Reprogrammed CDBG funds, and $50,000 of anticipated CDBG Program Income. The CDBG Program is an ongoing grant administration program funded by the Department of Housing and Urban Development. The City of Fort Collins has received CDBG funds since 1975. In 1975 and FY 1976-77, the City received HUD discretionary grants. Since FY 1977-78, the City has been an Entitlement Recipient of CDBG funds, meaning the City is guaranteed a certain level of funding each year. The level of funding is dependent on the total amount of funds allocated to the program by Congress and on a formula developed by HUD, which includes data on total population, minority percentage of population, income levels, housing stock conditions, etc. Programs and projects funded with Community Development Block Grants have to address at least one of the following three broad National Objectives: , 194- July 5, 1988 ' 1) be a benefit to low- 2) eliminate or prevent 3) meet urgent needs. and moderate -income persons, slum and blight conditions, and Community Development Block Grants can fund a wide range of activities, including acquiring deteriorated and/or inappropriately developed real property (including property for the purpose of building new housing) and acquiring, constructing, rehabilitating or installing publicly -owned facilities and improvements. Funds can also be used for restoration of historic sites, beautification of urban land, conservation of open spaces and preservation of natural resources and scenic areas. Housing rehabilitation can be funded if it benefits low- and moderate -income people. Economic development activities are eligible expenditures if they stimulate private investment or community revitalization and expand economic opportunities for low- and moderate -income people and the handicapped. Certain activities are ineligible, under most circumstances, for CDBG funds, such as purchase of equipment, operating and maintenance expenses, (including repair expenses and salaries), general government expenses, political activities, and new housing construction. Since its inception in 1975, the City's CDBG Program has focused on programs of housing rehabilitation and neighborhood revitalization. Three neighborhood strategy areas have been identified as in need of special assistance and attention. These neighborhoods are the Holy Family area, B.A.V.A. (Buckingham, Alta Vista, and Andersonville), and Laurel School neighborhoods. The downtown area is included in the strategy neighborhoods. Available Funds: The City's Entitlement Grant for FY 1988-89 is $653,000. The Entitlement Grant will be combined with $100,000 of reprogrammed funds from CDBG Program Income and projects not completed during the FY 1987-88 program year, and $50,000 of anticipated Program Income from the period of March 1, 1988, to September 30, 1989. HUD requires the City to estimate the total amount of anticipated Program Income which will be received during the next 18 months. Combining all sources of income provides a total of $803,000 available for programs and projects during the next CDBG Program year. Selection Process: The selection process for the City's FY 1988-89 CDBG Program began on February 11, when the CDBG Citizens Steering Committee held a public hearing to obtain citizen input on community development and housing needs. The CDBG Program office placed legal advertisements in local newspapers starting on March 2, to solicit requests for CDBG funded programs and projects for FY 1988-89. Due to the large snow storm on March 31, the application deadline was extended to April 4. At the close of the -195- July 5, 1988 deadline, the City had received 27 requests for a total of approximately $1.9 million. Copies of all applications were forwarded to the City Council on April 8 and distributed to the CDBG Citizens Steering Committee at its regular monthly meeting on Thursday April 14. On Wednesday May 11 and Thursday May 12, the Steering Committee met to hear verbal presentations from each applicant and to ask clarification questions. The Committee met again on Wednesday May 18, for the purpose of preparing a list of priorities to the City Council as to which programs and projects should be funded for the FY 1987-88 program year. The Committee's list of priorities was presented and discussed with the City Council in a joint work session held on Tuesday May 24. The attached Resolution formally adopts the City's FY 1988-89 CDBG Program. List of Priorities: The Department of Housing and Urban Development CDBG regulations limit the amount of available funds which can be allocated to various generic categories. Funds for Planning and Administrative purposes are limited to 20% of the Entitlement Grant and any anticipated program income. The City's Entitlement Grant for the next program year is $653,000 and anticipated program income is $50,000. This means the 20% limitation for Planning and Administrative purposes is applied to a total of $703,000, making the 20% funding limit $140,600. Funds for Public Services are limited to 15% of the Entitlement Grant and any anticipated program income, making the 15% funding limit $105,450. The Steering Committee, thus, not only had to decide which applicants presented programs and projects which best fit into the City's CDBG Program, but also had to insure funding allocations were kept within HUD regulations. Listed below is a summary of each applicant's initial request for funding (some applications were modified at the time of verbal presentations to the Committee, see below) and the Steering Committee's list of priorities: REQUEST FUNDING APPLICANT PROGRAM/PROJECT -------------------------------------------------------------------------- Plannina and Administration (20% - $140 600) $114,083 114,083 City of Fort Collins 10,000 10,000 City of Fort Collins 44,060 - Sunset Homes, Inc. 30,000 (1) - CO Housing Asst. Corp. 15,600 - Comm. Hunger Resources 21,935 16,517 Neighbor -to -Neighbor, Inc CDBG Administration Neighborhood Plans Implementation San Cristo P.U.D. Foreclosure Prevention Assistance Dev. & Implem. Plan Housing Counseling D 196- July 5, 1988 Acquisition 400,000 200,000 Housing Authority Acquisition of Distressed Properties 95,000 (2) 85,000 Poudre Landmarks & Acquisition of the City of Fort Collins Carriage House 57,128 57,128 Neighbor -to -Neighbor, Inc. Transitional Housing Acquisition Rehabilitation 127,025 (3) - William & Gregory Starke No. Hotel Rehab. 100,000 - William & Gregory Starke No. Hotel Asbestos Removal 31,000 22,500 Respite Care, Inc. Expan./Rehab. 200,000 - House of Paper Ships Restoration of 251-253 Linden St. 2,045 2,045 . Sunshine School Repair and Upgrading 77,000 - Thunderpup Properties Blain Hotel Restoration 95,542 47,010 Volunteer's Clearing Hse. Building Renovation Phase II 155,150 (4) - DMA Plaza Inc. Window Replacement 92,682 39,600 Neighbor -to -Neighbor, Inc. Housing Rehabilitation and Redevelopment Public Facilities ' 42,000 33,667 Downtown Development Auth. Linden St. Landscape & Sidewalk Improv. Architectural Barrier Removal 20,000 20,000 City of Fort Collins Handicapped Access Ramps Public Services (15% - $105 450) 9,600 9,600 Disabled Resource Services Employment Assistance Program 12,328 (5) 12,328 Larimer County Food Dist. Center 15,000 15,000 Project Self -Sufficiency Program Assistance 26,607 7,132 CHOICE of Larimer County Homeshare Program & Housing Counseling 10,000 - Crossroads Safehouse Outreach/Operations 15,000 15,000 Catholic Comm. Services No. Hostel of Hospitality/ Hope Job Bank 8,750 8,750 Sunshine School & CCSN Childcare for Homeless Families 17,640 17,640 Sunshine School Sliding Scale Program 14,510 - Women's Center Child Care Referral Program 20,000 20,000 United Day Care Sliding Scale Assistance -197- July 5, 1988 50,000 Contingency (Frozen Appropriation) I ------------------------------------------------------------------------------- S1,879,685 803,000 Total NOTES: (1) After this proposal was submitted, staff determined the project requested funds for an ineligible activity. CDBG Regulation 570.207 (b) (4) Income Payments states, "assistance shall not be used for income payments for housing or any other purpose. Examples of ineligible income payments include the following: payments for income maintenance, housing allowances, down payments, and mortgage subsidies." (2) The applicants submitted a revised proposal reducing their initial request from $108,000 to $95,000. (3) The Northern Hotel was allocated $50,000 of FY 1987-88 funds in the form of a challenge grant for rehabilitation work. The applicant failed to acquire the additional funds necessary to complete the project as proposed by the March 31, 1988, deadline. The $50,000 grant was reprogrammed to the Housing Authority's land acquisition program. (4) The DMA Plaza, Inc., was allocated $50,000 of FY 1987-88 funds in the form of a challenge grant for energy conservation work. The applicants Failed to acquire the additional funds necessary to complete the project as ' proposed by the March 31, 1988, deadline. The $50,000 grant was reprogrammed to the Housing Authority's land acquisition program. (5) At the presentation before the Committee, the applicant clarified the request was for a total of $12,328 and not $6,528 as included in background material accompanying the application. With approximately $1.9 million in total requests and only $803,000 available, obviously not all applications could be funded. Also, due to HUD funding limitations, some applicants received less funds than requested in order to keep the generic category within program maximums. No applicant received more funds than requested. Contingency Funds are based on S50,000 of anticipated Program Income expected to be received by the City during the 18 month period from March 1, 1988, to September 30, 1989. These funds, according to HUD regulations, can not be allocated to any specific project(s). Because of the possible uncertainty of collection, they have been allocated to the Contingency fund. In most cases the Committee allocated full funding to applicants. Those proposals which did not receive funding were deemed of a lower priority and a lack of funds prohibited their funding. The following describes the reasons why certain projects did not receive their requested full funding amount: $16,517 Neighbor -to -Neighbor, Inc. I Housing Counseling mt*z July 5, 1988 ' The Committee felt the CDBG Administration and the Implementation of Neighborhood Plans proposals were the highest priority proposals within the Planning and Administration category. The Committee allocated full funding to those proposals. The remaining amount, due to the 20Y limitation, was allocated to this proposal. The Committee also feels the applicant has other potential funding sources which will enable the program to operate as in the past. $200,000 Housing Authority Acquisition of Distressed Properties The Committee feels the Housing Authority's program is an asset to the community by providing affordable rental units to low-income families. The Committee felt other projects also deserved funding and was forced to reduce this proposal in half. $85,000 Poudre Landmarks & City of Fort Collins Acquisition of the Carriage House The Committee feels CDBG funds should only pay for the appraised value of the property. $22,500 Respite Care, Inc. Expansion/Rehabilitation ' The Committee feels the following components should be funded with CDBG funds: second bedroom addition ($15,000), the fire sprinkler system ($4,700), and water service ($2,800). $47,010 Volunteer's Clearing House Building Renovation The Committee feels the following components should be funded with CDBG funds: exterior walls ($21,000), window replacement ($4,290), relocation of wash room (S6,000), demolition of kitchen ($9,360), and electrical service ($2,660). $39,600 Neighbor -to -Neighbor, Inc. Housing Rehabilitation The Committee feels there is not sufficient demand to warrant full funding of the proposal as requested. The Committee suggests the following allocations be made: land acquisition/rehabilitation ($25,000), emergency rehabilitation ($5,000), architectural barrier removal ($6,000), and project management ($3,600). $33,667 Downtown Development Authority Linden St. Landscape The Committee feels the downtown area needs support in its redevelopment ' efforts. The odd funding allocation amount was due to available funds at -199- July 5, 1988 the time of the Committee's discussion. The project can also be reduced in ' scope to utilize the allocated funds. $7,132 CHOICE of Larimer County Homeshare Program & Housing Counseling The Committee has prioritized seven public service agencies for full funding. The track record of the agency was of concern to the Committee. Only 7 of 24 homeshare matches are still in existence. The Committee suggests the available funds be utilized for housing counseling." Mayor Stoner withdrew from discussion and vote on this item due to a perceived conflict of interest. Councilmember Mabry made a motion, seconded by Councilmember Estrada, to adopt Resolution 88-107. Lou Stitzel, CDBG Citizens Steering Committee member, responded to Council questions regarding the Committee's allocation recommendations. Phyllis Stoner, Sunshine School Executive Director, spoke of the Childcare for Homeless Families program. Carol Plock, Executive Director of the Women's Center, spoke of funding sources for the Center and the source of funding for the childcare referral ' service. Peggy Rolfes, CDBG Citizens Steering Committee member, explained the Committee's decision not to allocate funds for the Women's Center childcare referral service. She spoke of the Committee's efforts to avoid partially funding many programs and to focus on more fully funding others. Chief Planner Ken Waido responded to questions from Council about the process for making allocations and HUD requirements relating to the process. Marcia Swain, 1810 Indian Meadows Lane, member of the Women's Center Board of Directors, gave background on the childcare referral program and the services provided through the program. She spoke of the impact the lack of funding may have on the program. Kathryn Renfroe, 2520 Stanford, a single parent of two children, expressed support for the Women's Center childcare referral program and urged Council to partially fund the program. Betty Gates, 730 Larkbunting, vice-president of the Association of Family Daycare Homes in Larimer County, spoke of the Association's referral services and the services provided by Association daycare homes. She spoke of the need to funnel children into family daycare situations and the financial benefits of family daycare over center -type daycare. ' 200- July 5, 1988 I� Susan Krcmarik, Chair of the Children's Care Coalition, spoke of her work experience in the area of daycare services and stressed the need for a childcare referral service in the Fort Collins area. Carol Plock responded to the Committee's concerns about the effectiveness of the Women's Center childcare referral service. She spoke of the impact to the community if the Women's Center is forced to reduce its services. Jody Rankin, Women's Center Childcare Coordinator, read a letter of support for the referral service from a client of the referral service. Bruce Lockhart, 2500 East Harmony Road, opposed an allocation to the Downtown Development Authority for the Linden Street Landscape and Sidewalk Improvements Project. Dale Culver, Neighbor -to -Neighbor Housing Counseling Coordinator, spoke of the need for a larger allocation to Neighbor -to -Neighbor for several programs. Councilmember Estrada made a motion, seconded by Councilmember Horak, to amend Resolution 88-107 by moving the $33,667 allocation from the Downtown Development Authority Linden Street Landscape and Sidewalk Improvement project to the Neighbor -to -Neighbor Housing Rehabilitation/Redevelopment program (making the total allocation to this project $73,267). Councilmember Maxey stated he did not feel comfortable in prejudging the Committee's allocation of the funds by targeting one particular project to receive a reallocation of the recommended DOA Linden Street Landscape and Sidewalk Improvement funding. Councilmember Estrada stated he believed Councilmember Maxey made a good point and indicated he would be willing to rescind his motion if the DDA allocation could be removed at this time for later consideration. Chief Planner Ken Waido responded to questions relating to Councilmember Estrada's motion and subsequent suggestion to place the $33,667 allocation into Contingency. Councilmember Estrada rescinded his motion to amend Resolution 88-107. Councilmember Horak, as the second to the motion, agreed to rescind the motion. Councilmember Estrada made a amend Resolution 88-107 by Linden Street Landscape and $33,667 in Contingency for Estrada, Horak, Kirkpatrick, (Mayor Stoner withdrawn) THE MOTION CARRIED. motion, seconded by deleting the $33,667 Sidewalk Improvement future consideration. Mabry, Maxey, and Councilmember Horak, to allocation to the DDA project and placing the Yeas: Councilmembers Winokur. Nays: None. -201- July 5, 1988 Councilmember Kirkpatrick made a motion, seconded by Councilmember Horak, to amend Resolution 88-107 by deleting the $7,132 allocation to the CHOICE of Larimer County Homeshare Program and Housing Counseling Program and reallocating the $7,132 to the Women's Center Childcare Referral Program. Marie Schmidt, Director of CHOICE of Larimer County, expressed opposition the proposed amendment and described the services provided by CHOICE. The vote on Councilmember Kirkpatrick's motion to amend Resolution 88-107 was as follows: Yeas: Councilmembers Horak and Kirkpatrick. Nays: Councilmembers Estrada, Mabry, Maxey, and Winokur. (Mayor Stoner withdrawn) THE MOTION FAILED. Councilmember Horak made a motion, seconded by Councilmember Estrada, to amend Resolution 88-107 to increase the funding for the Neighbor -to -Neighbor Housing Counseling Program to $21,935, and reduce the funding of the City of Fort Collins CDBG Administration to $108,665. Chief Planner Ken Waido pointed out that a reduction in the CDBG Administration budget would necessitate a larger portion of staff salaries being funded by the General Fund. Councilmember Mabry stated he believed CDBG funds should pay for the CDBG administration program. He noted a reduction in the administration allocation would require that either the time spent to administer the program be decreased, or that another part of the City budget make up the difference between costs and allocated funding. He stated he would not support the amendment. Councilmember Kirkpatrick stated she also believed administration of the CDBG program should be funded through the grant, and stated she would not support a reduction in the CDBG Administration funding. She noted she would support a reduction in the Neighborhood Plans Implementation program. Councilmember Estrada stated he would favor the suggestion made by Councilmember Kirkpatrick. Councilmember Horak stated he did not believe the staff percentage of time spent on the CDBG program was an accurate reflection of actual time. The vote on Councilmember Horak's motion follows: Yeas: Councilmember Horak. Kirkpatrick, Mabry, Maxey, and Winokur. THE MOTION FAILED. to amend Resolution 88-107 was as Nays: Councilmembers Estrada, (Mayor Stoner withdrawn) Councilmember Kirkpatrick made a motion, seconded by Councilmember Horak, to amend Resolution 88-107 to increase the funding to the Neighbor -to -Neighbor Housing Counseling Program to $21,935, and reduce the City of Fort Collins Neighborhood Plans Implementation to $4,582. Yeas: -202- July 5, 1988 ' Councilmembers Estrada, Horak, Kirkpatrick, Maxey, and Winokur. Nays: Councilmember Mabry. (Mayor Stoner withdrawn) THE MOTION CARRIED. Councilmember Horak expressed concern that applicants assume that the allocation of funding one year means an allocation will be granted in subsequent years. He expressed appreciation for the work the Committee does in a short time frame. He noted a lack of funding does not indicate that the Committee or the Council does not believe the program is worthy, it simply indicates there is not enough funding to go around. Councilmember Kirkpatrick noted that each year CDBG funding is reduced by the federal government. Councilmember Estrada thanked the Steering Committee for its hard work in reviewing the applications and formulating its recommendation. The vote on Councilmember Mabry's motion to adopt Resolution 88-107 as amended was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. (Mayor Stoner withdrawn) THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Mabry, to ' adopt Ordinance No. 96, 1988 on First Reading. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. (Mayor Stoner withdrawn) THE MOTION CARRIED. Councilmember Estrada made a motion, seconded by Councilmember Kirkpatrick, to allocate $10,000 from the City Manager's Contingency Fund to the Women's Center Childcare Referral Program, with further exploration of other funding options to reach a total funding level of $14,510. City Manager Burkett stated he would prefer the motion did not specify where the $10,000 will come from. Councilmember Horak stated he would like the City Manager to explore options for finding $10,000 within the budget and to bring a recommendation to a future Council meeting for formal consideration. Councilmember Kirkpatrick stated she would like the Commission on the Status of Women to investigate possible long-term solutions for funding the childcare referral program. Councilmember Maxey stated he would be more comfortable with the motion as it stood, which stated a specific funding source (City Manager's Contingency). -203- July 5, 1988 Councilmember Estrada agreed with Councilmember Maxey, and indicated he supported Councilmember Kirkpatrick's suggestion to have the Commission on the Status of Women study this issue. (Secretary's Note: The suggestion by Councilmember Kirkpatrick to direct the Commission on the Status of Women to study the issue of the childcare referral program was considered a friendly amendment to Councilmember Estrada's motion.) Councilmember Mabry stated he would not support the motion because it opened the question of funding public services out of the General Fund. He stated he believed such a funding change was a significant budgetary decision and should therefore be considered during the budget process. Councilmember Winokur agreed with Councilmember Mabry. Councilmember Horak stated he could not support the motion in its present form because he also believed this particular allocation should be subjected to the budget process. He added that the public should have adequate notice that an action of this type is scheduled for Council consideration. The vote on Councilmember Estrada's motion to allocation $10,000 from the City Manager's Contingency Fund to the Women's Center Childcare Referral Program was as follows: Yeas: Councilmembers Estrada, Maxey, and Winokur. Nays: Councilmembers Horak, Kirkpatrick, and Mabry. (Mayor Stoner withdrawn) THE MOTION FAILED TO PASS. Resolution 88-108 Making Appointments to Various Boards and Commissions, Tabled to July 19 Following is staff's memorandum on this item: "EXECUTIVE SUMMARY Council has received copies of the applications for membership on the various City Boards and Commissions, and interviews with the applicants have been conducted by Council committees. Council will make recommendations on the various boards at the July 5 meeting. In keeping with Council's policy, this Resolution will be tabled until July 19 to allow for public input. BACKGROUND Appointments need to be made for the following Boards and Commissions: 1 204- July 5, 1988 t Building Review Board Cable TV Board Commission on Disability Commission on the Status of Women Cultural Resources Board Election Board Golf Board Housing Authority Human Relations Commission Library Board" Liquor/Massage Licensing Authority Natural Resources Advisory Board Parks and Recreation Board Planning and Zoning Board Retirement Committee Senior Advisory Board Storm Drainage Board Water Board Zoning Board of Appeals Councilmember Maxey made a motion, seconded by Councilmember Winokur, to adopt Resolution 88-108 with the insertion of the names as follows: Building Review Board Thomas Hartmann (Alt.) July 1, 1989 William McCaffrey July 1, 1992 Harry Cornell July 1, 1992 Cable TV Board John Schroeer July 1, 1989 Wally Bujack July 1, 1989 Warren Berman Commission Disability July 1, 1992 on Helen Barr July 1, 1992 Roy Beauchamp July 1, 1992 Nancy Cisar July 1, 1992 Commission on the Status of Women Carolyn Wade (Alt.) July 1, 1990 Karen Morrison July 1, 1990 Jane McGovern July 1, 1992 Martha Kenning July 1, 1992 Kathleen Everett July 1, 1992 Cultural Resources Board James Petersen July 1, 1992 Election Board Bettie Wilcox July 1, 1992 F -205- July 5, 1988 Golf Board Terrence Gilmore (Alt.) Stephen Jouard Dan Preble Housing Authority Daniel Alexander (Alt.) Peggy Rolfes Human Relations Commission Mary Shultz Kathy Brandon Fred Edmonds Robin Trent Library Board Dan Smith (Alt.) Polly Walters Liguor/Massage Licensing Authority James Garber Larry Denmark Linda Wymisner Gadsby Carl Cooper Natural Resources Advisory Board Susan Whitmer (Alt.) Charles Davis Suzanne Bassinger Parks and Recreation Board John Barnett John Rabun Karen Schubert Elery Wilmarth Planning and Zoning Board Jan Shepard (Alt.) Frank Groznik Lloyd Walker Retirement Committee Angelina Sanchez Powell July 1, 1990 July 1, 1992 July 1, 1992 July 1, 1989 July 1, 1992 July 1, 1989 July 1, 1992 July 1, 1992 July 1, 1992 July 1, 1990 July 1, 1992 July 1, 1990 July 1, 1990 July 1, 1992 July 1, 1992 July 1, 1989 July 1, 1992 July 1, 1992 July 1, 1989 July 1, 1992 July 1, 1992 July 1, 1992 July 1, 1989 July 1, 1992 July 1, 1992 July 1, 1992 -206- July 5, 1988 Senior Advisory Board Kay Rios (Alt.) July 1, 1989 Kathleen Jones (Alt.) July 1, 1990 Ellen Connelly July 1, 1992 Sam Rosenthal July 1, 1992 Storm Drainage Board David Rau (Alt.) July 1, 1989 Greg Hurst July 1, 1992 Mike Applegate July 1, 1992 Water Board Terence Podmore July 1, 1990 Mark Casey (Alt.) July 1, 1990 Tim Dow July 1, 1992 Mary Lou Smith July 1, 1992 Jim Kuiken July 1, 1992 Zoning Board of Appeal Mark Coleman July 1, 1992 ' Councilmember Horak made a motion, table Resolution 88-108 to July 19. seconded by Councilmember Winokur, to Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Other Business Councilmember Estrada made a motion, seconded by Councilmember Maxey, to allocate $10,000 from the City Manager's Contingency Fund to the Women's Center Childcare Referral Program, and to direct the Commission on the Status of Women to look at long term solutions for funding the program. After Council discussion, Councilmembers Estrada and Maxey agreed to a friendly amendment to their motion to fund the $10,000 allocation from Economic Development Fund monies realized from the sale of Vipont bonds. Councilmember Mabry stated he would not support the motion because he did not believe this decision should be made at this hour. He stated he believed this issue should be considered during the budget process. Councilmember Horak questioned proper procedure in allowing a motion that has already been defeated to be raised by a Councilmember who was not on the prevailing side of the vote. -207- July 5, 1988 The vote on Councilmember Estrada's motion was as follows: Yeas: , Councilmembers Estrada, Maxey, and Winokur. Nays: Councilmembers Horak, Kirkpatrick, Mabry, and Stoner. THE MOTION FAILED. Adjournment Councilmember Winokur made a motion, seconded by Councilmember Mabry, to adjourn the meeting. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. The meeting adjourned at 1:15 a.m. 1 11