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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/18/2000 - ITEMS RELATING TO CALLING A SPECIAL ELECTION FOR N AGENDA ITEM SUMMARY ITEM NUMBER: 20 A-C DATE: July 18, 2000 FORT COLLINS CITY COUNCIL STAFF: Wanda Krajicek SUBJECT: Items Relating to Calling a Special Election for November 7, 2000, and Placing Proposed Charter Amendments on Said Ballot. RECOMMENDATION: Staff recommends adoption of the Ordinances on First Reading. EXECUTIVE SUMMARY: A. First Reading of Ordinance No. 87, 2000, Calling a Special Municipal Election to Be Held in Conjunction with the November 7, 2000 Larimer County General Election. B. First Reading of Ordinance No. 88, 2000, Submitting to a Vote of the Registered Electors lbof the City of Fort Collins Proposed Amendments to Articles IX and X of the City Charter, Pertaining to Petition Circulators. C. First Reading of Ordinance No. 89, 2000, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article IV of the City Charter, Pertaining to Residency Requirements. Ordinance No. 87, 2000, calls a Special Municipal Election to be held in conjunction with the November 7, 2000 Larimer County General Election. The remaining Ordinances place individual Charter amendments on the November 7, 2000 Special Election ballot. The proposed Charter amendments were considered by the Council Governance Committee,and discussed by the Council at its June 27 study session. BACKGROUND: A. Ordinance No. 87, 2000 Calling a Special Municipal Election to Be Held in Conjunction with the November 7, 2000 Larimer County General Election. This Ordinance calls the election, adopts the provisions of the Uniform Election Code of 1992 in lieu of the Municipal Election Code of 1965,directs the City Clerk to certify ballot content to Larimer County no later than September 12, and authorizes the City Manager to lip enter into an intergovernmental agreement with Larimer County for the conduct of the election. DATE: July 18, 2000 2 ITEM NUMBER: 20 A-C B. Ordinance No. 88,2000, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Articles IX and X of the City Charter, Pertaining to Petition Circulators. The United States Supreme Court recently held that it is impermissible to require that petition circulators be registered electors. This amendment,which was rejected by the voters in November 1999, removes from the Charter the requirement that petition circulators be registered electors of the City, in conformance with the Supreme Court's decision. It also adds a requirement that petition circulators be at least 18 years of age. C. Ordinance No. 89,2000, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article IV of the City Charter, Pertaining to Residency Requirements. The City Charter presently requires that the directors of City departments, division heads appointed after March 5, 1985, all deputy city managers and assistant city managers reside within the Fort Collins Urban Growth Area during their tenure in office, though they need not reside within the UGA prior to their appointment. (The City Manager is required to live within the city limits under a separate Charter provision.) The City Manager is recommending that this residency requirement be modified so that only deputy and assistant city managers and service area directors would have to live in the Urban Growth Area. The reason for the recommended change in residency requirement is that a number of the service area directors believe that residency requirements at lower levels of management unnecessarily restrict the pool ofpersons,including existing employees,who are eligible and willing to serve as department and division heads. • ORDINANCE NO. 87, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN CONJUNCTION WITH THE NOVEMBER 7, 2000 LARIMER COUNTY GENERAL ELECTION WHEREAS,Article X, Section 3 of the Charter of the City of Fort Collins provides that the City Council may, without petition therefor, submit any questions or proposed ordinance or resolution, or refer any adopted ordinance or resolution, to the vote of the people at a special election; and WHEREAS, the City Council wishes to call a special municipal election on November 7, 2000,in conjunction with the Larimer County General Election,for the purpose of submitting certain Charter amendments, any other matters which may arise prior to the deadline for certifying ballot content to the Larimer County Clerk and Recorder, to the electorate of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That a Special Municipal Election in the City of Fort Collins is hereby called for Tuesday, November 7, 2000, which shall be held in conjunction with the Larimer County, • General Election at such polls as are regularly established and announced for such election. Section 2. That the polls shall be open at the hour of 7:00 a.m. and shall remain open continuously until closed at 7:00 p.m. Section 3. That said Special Municipal Election shall be held and conducted, as nearly as may be, in the manner prescribed by law, as in the case of regular city elections conducted pursuant to the Charter of the City of Fort Collins and the Statutes of the State of Colorado. Section 4. That the provisions of the Uniform Election Code of 1992 are hereby adopted with respect to the conduct of said election in lieu of the provisions of the Municipal Election Code of 1965. Section 5. That the use of an electronic system to record the votes at said election is hereby authorized. Section 6. That no vote,either for or against any ballot issues referred or submitted, shall be received by the election judges unless the person offering the same shall be a duly registered voter in the precinct in which he or she offers to vote and,in addition thereto, said person is an elector of the City of Fort Collins as defined in the applicable election laws. Section 7. That the City Clerk is hereby directed to certify the ballot content for the • Special Municipal Election to the Larimer County Clerk no later than September 12, 2000. Section 8. That the City Manager is hereby authorized to enter into an intergovernmental agreement with Larimer County for conduct of the election. Introduced,considered favorably on first reading,and ordered published this 18th day of July, A.D. 2000, and to be presented for final passage on the 15th day of August, A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 15th day of August, A.D. 2000. Mayor ATTEST: City Clerk ORDINANCE NO. 88, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS PROPOSED AMENDMENTS TO ARTICLES IX AND X OF THE CITY CHARTER, PERTAINING TO PETITION CIRCULATORS WHEREAS,Article IV, Section 8 of the Charter of the City of Fort Collins provides that the Charter may be amended as provided by the laws of the State of Colorado; and WHEREAS, Section 31-2-210, C.R.S.,provides that Charter amendments may be initiated by the adoption of an ordinance by the Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins; and WHEREAS,the Charter presently provides that the circulators of petitions for recall and for initiative and referendum be registered electors of the City; and WHEREAS, the United States Supreme Court has recently held that it is impermissible to require that petition circulators be registered electors; and WHEREAS, the Council wishes to conform the provisions of the City Charter to this decision of the Court by eliminating the requirement that petition circulators be registered electors; and WHEREAS,the Council believes that it would be in the best interests of the City to further amend the provisions of the Charter pertaining to petition circulators to require that such circulators be at least 18 years of age; and WHEREAS, the City Council believes that the foregoing proposed amendments should be submitted to the registered electors of the City so that the voters may determine whether such amendments are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following proposed changes to Article IX,Sections 2(c)and(d), and Article X, Sections 5(c) and (d) of the City Charter shall be submitted to the registered electors of the City as "Proposed Charter Amendment No. I" at a special municipal election to be held in conjunction with the Latimer County, Colorado General Election on Tuesday,November 7,2000: • ARTICLE IX. RECALL Section 2. Petitions. (c) Circulation ofpetition. The petition may be circulated and signed in sections with each section consisting of one (1) or more sheets securely fastened at the top, provided that each section contains a full and accurate copy of the text of the petition and the names and addresses of the designated representatives for the petition. All sections shall be filed as one(1)instrument.OnlY-tea`- ere -- - personseighteen (18)years of age or older may circulate the petition for signatures. The circulation of any petition by any medium other than personally by a circulator is prohibited.No person shall receive any compensation whatever for signing a recall petition. (d) Affidavit ofcirculator. A circulator shall attach to each section of the petition circulated, an affidavit signed by the circulator under oath before a notary public stating the following: (1) the circulator's address of residence; (2) that the circulator is a-registered eleetereighteen(18)years ofage or older; (3) that he or she personally circulated the section; (4) that each signature was affixed in the circulator's presence; (5) that to the best of the circulator's knowledge and belief each signer was at the time of signing a registered elector of the city; (6) that to the best of the circulator's knowledge and belief each signature is the genuine signature of the person whose name it purports to be; (7) that each signer had an opportunity before signing to read the full text of the petition; and (8) that the circulator has not paid or offered to pay any money or other thing of value to any signer for the purpose of inducing or causing the signer to affix his or her signature to the petition. A petition verified by the valid affidavits of its circulators in each of its sections shall be prima facie evidence that the signatures thereon are genuine and true. • ARTICLE X. INITIATIVE AND REFERENDUM Section 5. Petitions. (c) Circulation ofpetition. The petition may be circulated and signed in sections with each section consisting of one (1) or more sheets securely fastened at the top, provided that each section contains a full and accurate copy of the text of the petition and the names and addresses of the designated representatives for the petition. All sections shall be filed as one(1)instrument.Only registered-e rspersons eighteen (18)years of age or older may circulate the petition for signatures. The circulation of any petition by any medium other than personally by a circulator is prohibited. No person shall receive any compensation whatever for signing an initiative or referendum petition. (d) Affidavit ofcirculator. A circulator shall attach to each section of the petition circulated an affidavit signed by the circulator under oath before a notary public stating the following: (1) the circulator's address of residence; (2) that the circulator is a registered eleetereighteen(18)years of age or older, • (3) that he or she personally circulated the section; (4) that each signature was affixed in the circulator's presence; (5) that to the best of the circulator's knowledge and belief each signer was at the time of signing a registered elector of the city; (6) that to the best of the circulator's knowledge and belief each signature is the genuine signature of the person whose name it purports to be; (7) that each signer had an opportunity before signing to read the full text of the petition; and (8) that the circulator has not paid or offered to pay any money or other thing of value to any signer for the purpose of inducing or causing the signer to affix his or her signature to the petition. A petition verified by the valid affidavits of its circulators in each of its sections shall be prima facie evidence that the signatures thereon are genuine and true. Section 2. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. 1 to the voters at said election: CITY OF FORT COLLINS BALLOT ISSUE_ PROPOSED CHARTER AMENDMENT NO. 1 Shall Article IX, Section 2 and Article X, Section 5 of the Charter of the City of Fort Collins, pertaining to petition circulators, be amended to eliminate the requirement that the circulators of initiative, referendum or recall petitions be registered electors of the city (which amendment is made necessary by a recent decision of the United States Supreme Court that prohibits such a requirement)and should these sections be further amended to require that the circulators of said petitions be at least 18 years of age? _YES NO Introduced, considered favorably on first reading, and ordered published this 18th day of July, A.D. 2000, and to be presented for final passage on the 15th day of August, A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 15th day of August, A.D. 2000. Mayor ATTEST: City Clerk ORDINANCE NO. 89, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS A PROPOSED AMENDMENT TO ARTICLE IV OF THE CITY CHARTER, PERTAINING TO RESIDENCY REQUIREMENTS WHEREAS,Article IV,Section 8 of the Charter of the City of Fort Collins provides that the Charter may be amended as provided by the laws of the State of Colorado; and WHEREAS, Section 31-2-210, C.R.S.,provides that Charter amendments may be initiated by the adoption of an ordinance by the Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins; and WHEREAS, Article IV, Section 3 of the Charter presently provides that directors of a City department or a group of City departments, City division heads appointed after March 5, 1985, deputy city managers,and assistant city managers shall reside within the Fort Collins Urban Growth Area("UGA") during their tenure in office; and WHEREAS, Article III, Section 1 of the Charter states that the City Manager must reside within the City during his or her tenure in office; and WHEREAS, the City Manager has recommended that the UGA residency requirement contained in Article IV, Section 3 of the Charter be retained only for deputy and assistant city managers and service area directors (referred to in the City Charter as department heads); and WHEREAS,the City Council believes that while residency requirements serve an important public purpose at certain levels of management, they also tend to restrict the pool of qualified applicants for employment with the City and adversely affect the possibility of internal promotions; and WHEREAS, for the foregoing, the City Council believes that the proposed amendment to the above-referenced residency requirement should be submitted to the registered electors of the City. NOW, THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following proposed change to Article IV, Section 3 of the City Charter shall be submitted to the registered electors of the City as "Proposed Charter Amendment No. 2"at a special municipal election to be held in conjunction with the Larimer County, Colorado General Election on Tuesday,November 7, 2000: Section 3. Residency requirement. Ditectors of a city depaitinart v. a group ofeity dcpmtrimirts, city division head appyintedaftm ,All deputy city managers,and assistant city managers, ap"rectors'of city departments who report directly to the City Manger shall reside within the Fort Collins Urban Growth Area during their tenure in office,but need not reside within the Fort Collins Urban Growth Area prior to their appointment. Section 2. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. 2 to the voters at said election: CITY OF FORT COLLINS BALLOT ISSUE_ PROPOSED CHARTER AMENDMENT NO. 2 Shall the residency requirement contained in Article IV, Section 3 of the Charter be amended so as to eliminate that requirement for division heads of the City, with the understanding that the deputy and assistant city managers, plus the directors of all major City administrative units who are directly responsible to the City Manager, would still be required to live in the Urban Growth Area,and the City Manager would still be required to live within the City limits? _YES NO Introduced,considered favorably on first reading,and ordered published this 18th day of July, A.D. 2000, and to be presented for final passage on the 15th day of August, A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 15th day of August,A.D. 2000. Mayor ATTEST: City Clerk -2-